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Home My WebLink AboutCM 350 Merrydale Purchase - Closing Binder4905-1168-9087 v3 Lisa N. Maxwell BURKE, WILLIAMS & SORENSEN, LLP 350 MERRYDALE ROAD, SAN RAFAEL CA PURCHASE AND SALE AGREEMENT BETWEEN RIDGEWOOD PROPERTIES PARTNERSHIP LLC & MERRYDALE-CLAYTON LLC (SELLERS) AND THE CITY OF SAN RAFAEL (PURCHASER) CLOSING BINDER DATED: November 25, 2025 [06095.0030] 4905-1168-9087 v3 350 MERRYDALE ROAD, SAN RAFAEL, CA PURCHASE AND SALE AGREEMENT BETWEEN RIDGEWOOD PROPERTIES PARTNERSHIP LLC & MERRYDALE-CLAYTON LLC (SELLERS) AND THE CITY OF SAN RAFAEL (PURCHASER) CLOSING BINDER 06095.0030 Sellers: “Ridgewood Properties Partnership LLC, a California limited liability company” & “Merrydale-Clayton LLC, a California limited liability company” Buyer: “City of San Rafael, a California municipal corporation” Ridgewood Properties Partnership LLC and Merrydale-Clayton LLC 454 Las Gallinas Avenue, Suite 355 San Rafael, CA 94903 Attention: David Jacobson, Partner Phone: (510) 267-8321 Email: davidjacobson101@gmail.com City of San Rafael 1400 Fifth Avenue San Rafael, CA 94538 Attention: Andrea Visveshwara, Chief Assistant City Attorney Phone: (415) 485-3081 Email: andrea.visveshwara@cityofsanrafael.org Attention: John Stefanski, Assistant City Manager Phone: (415) 485-3475 4905-1168-9087 v3 With copies to: Michael R. Hooper Campus Properties, LLC 157 Madrone Ave Larkspur, CA 94939 Email: mhooper@campusproperty.com Steve Reilly Land Advisors Organization 156 Diablo Road, Suite 340 Danville, CA 94526 E-mail: SReilly@landadvisors.com With a copy to: Burke, Williams & Sorensen, LP 1999 Harrison Street, Suite 1650 Oakland, CA 94612 Attention: Lisa N. Maxwell Email: lmaxwell@bwslaw.com Attorney for Seller: Attorney for Buyer: Lubin Olson & Niewiadomski LLP The Transamerica Pyramid 600 Montgomery Street, 14th Floor San Francisco, California 94111 Attention: Robert Miller Phone: (415) 981-0550 E-mail: rmiller@lubinolson.com Attention: Jeff Kirchman Phone: (415) 955-5033 Email: rmiller@lubinolson.com Burke, Williams & Sorensen, LLP 1999 Harrison Street, Suite 1650 Oakland, CA 94612 Attention: Lisa N. Maxwell Phone: (510) 903-8821 Email: lmaxwell@bwslaw.com Escrow Company: Commercial Parcels: First American Title Company 3130 Crow Canyon Place, Ste 170 San Ramon, CA 94583 Attention: Tammi Buna Phone: (925) 738-4050 Email: tbuna@firstatm.com Escrow File No. 0131-628012ala APN: 179-041-27 179-041-28 4905-1168-9087 v3 Tab Core Transaction Documents 1. Purchase and Sale Agreement and Joint Escrow Instructions, dated November 25, 2025, between Ridgewood Properties Partnership LLC and Merrydale-Clayton LLC (Sellers) and the City of San Rafael (Buyer). [ND 4919-7043-0555] pg. 23 2. Grant Deed between Ridgewood Properties Partnership LLC and Merrydale-Clayton LLC and the City of San Rafael, recorded on November 26, 2025 by Clerk Recorder of Marin County. [ND 4934-1684-0572] pg. 58 3. Seller Assignment, dated November 26, 2025 between Ridgewood Properties Partnership LLC and Merrydale-Clayton LLC and the City of San Rafael. [ND 4918-8116-2875] pg. 67 Related Agreements 4. Regulatory Agreement and Declaration of Restrictive Covenants, dated November 24, 2025, by and between the County of Marin and the City of San Rafael, recorded on November 26, 2025 by Clerk Recorder of Marin County. [ND 4925-4703-1413] pg. 73 5. Capital & Operating Grant Agreement between the County of Marin and the City of San Rafael Regarding 350 Merrydale Road San Rafael, CA, dated November 24, 2025, by and between the County of Marin and the City of San Rafael. [ND 4927-4965-7973] pg. 89 6. Buyer Representation Agreement, dated November 25, 2025, by and between the City of San Rafael and Newmark. [ND 4923-8986-0955] pg. 112 4905-1168-9087 v3 City Council Approvals 7. Planning Commission Resolution No. 25-07 reporting on the conformity of the Acquisition of 350 Merrydale Road and 3833 Redwood Highway, dated November 05, 2025. [ND 4906-4301-3764] pg. 127 8. Planning Commission Staff Report including attachments, dated November 4, 2025, [ND 4904-9167-5011] pg. 131 9. Resolution No. 15480 authorizing the City Manager to negotiate and execute a Purchase and Sale Agreement; to execute a Certificate of Acceptance; and to execute a Professional Services Agreement with Cornish and Carey Commercial, dated November 17, 2025. [ND 4925-4952-7675] pg. 160 10. Resolution No. 15479 authorizing the City Manager to negotiate and execute a Grant Agreement and Regulatory Agreement, dated November 17, 2025. [ND 4931-8632-6401] pg. 166 11. Staff Report from City Council Meeting on 11/17, regarding the Purchase and Sale Agreement, and the Buyer’s Representation Agreement. [ND 4913-1501-8368] pg. 171 Title and Escrow Documents 12. Policy of Title Insurance from First American Title Company, dated 11/26/25. [ND 4906-8507-9425] pg. 563 13. Final Settlement Statement – American Land Title Association, dated November 26, 2025. [ND 4905-3225-7664] pg. 580 4905-1168-9087 v3 14. Supplemental Escrow Instructions, sent to First American Title Company, dated November 25, 2025. [ND 4923-3470-6556] pg. 583 15. Preliminary Change of Ownership Report (PCOR), dated November 25, 2025, signed by the City Manager of San Rafael. [ND 4932-0066-4443] pg. 588 16. Commercial Owners Affidavit [ND 4938-4706-9261] pg. 593 Sewer Fee Payment Documents 17. Letter from Las Gallinas Valley Sanitary District regarding Will- Serve, dated September 26, 2024, signed by LGVSD only. [ND 4923-0718-8340] pg. 599 18. Notice of Nonpayment and Demand for Payment for Outstanding Connections Fees for Will-Serve Letter from Las Gallinas Valley Sanitary District, dated November 5, 2025. [ND 4937-3448-5880] pg. 603 19. Evidence of Payment regarding the Sewer Connection Fee, dated November 19, 2025. [ND 4907-8151-3595] pg. 606 Due Diligence 20. Exclusive Offering Memorandum created by the Land Advisors Organization, regarding Merrydale TownHomes, dated May 24, 2024. [ND 4909-5499-6083] pg. 609 21. Ordinance No. 1979 approving a Planned Development Rezoning from Planned Development District to a Revised Planned District, introduced on February 3, 2020, passed and adopted on February 18, 2020. [ND 4921-3608-5875] pg. 654 4905-1168-9087 v3 22. Resolution No. 14762 adopting an Initial Study and Mitigated Negative Declaration and Approving the Mitigation Monitoring and Reporting Program, adopted on February 3, 2020. [ND 4909-1252-8755] pg. 670 23. Resolution No. 14763 Approving an Environmental and Design Review Permit, Tentative Subdivision Map, Master Use Permit, and Subdivision Exception and Conditions of Approval, adopted on February 3, 2020. [ND 4913-1505-0867] pg. 693 24. Resolution No. 14947 Modifying Conditions of Approval for Environmental and Design Review, Use Permit, and Tentative Map, adopted July 19, 2021. [ND 4917-3454-6803] pg. 726 25. Staff Report and all related Exhibits regarding 350 Merrydale Road/3833 Redwood Highway for the Planning Commission meeting on December 10, 2019. [ND 4899-0923-8131] pg. 750 26. San Rafael City Council Agenda Packet for the City Council meeting on July 19, 2021. [ND 4898-7542-1555] pg. 897 27. Staff Report regarding Request for a Time Extension for the Planning Commission Meeting on June 28, 2022 [ND 4910-8344-6643] pg. 1331 28. Minutes from the Planning Commission Regular Meeting on June 28, 2022. [ND 4916-3716-0307] pg. 1416 29. Architectural Plans by Campus Property Group and WHA for 350 Merrydale Road, submitted September 20, 2019, approved February 3, 2020. [ND 4913-5443-9027] pg. 1421 4905-1168-9087 v3 30. Landscape Plans by Ripley Design Group, Inc. | Landscape Architecture Land Planning, submitted November 22, 2019, approved February 3, 2020. [ND 4910-8888-7155] pg. 1464 31. Tentative Map by BkF Engineers, submitted October 24, 2019, stamp approved February 3, 2020. [ND 4920-6275-2115] pg. 1477 32. 350 Merrydale Road Demolition Plan, prepared by CBG Civil Engineers, dated January 30, 2023. [ND 4918-7951-3459] pg. 1483 33. Final Map of 350 Merrydale Road for Condominium Purposes, prepared by CBG Civil Engineers (preliminary, unsigned), dated November 13, 2023 [ND 4898-8400-7795] pg. 1489 34. State Water Resources Control Board - Hazardous Substance Storage Container Information for Marin County – 350 Merrydale Road, dated June 01, 1988 [ND 4937-4375-0515] pg. 1495 35. Draft Phase I Environmental Site Assessment, prepared by ENGEO Incorporated, dated April 25, 2018. [ND 4937-4381-6051] pg. 1497 36. ENGEO Incorporated’s Transmittal Letter regarding results of Geophysical Subsurface Investigation, dated June 20, 2018, enclosing GPRS Subsurface Scanning Solution’s Subsurface Investigation for Storage Tanks/Anomalies dated June 17, 2018. [ND 4928-3791-1923] pg. 1765 37. Soil Management Plan, prepared by ENGEO Incorporated, dated September 6, 2024. [ND 4919-3200-7795] pg. 1776 4905-1168-9087 v3 38. Pre-Demolition Asbestos and Lead Inspection Report of three buildings at 350 Merrydale Road, prepared by NorBay Consulting, dated August 19, 2020 [ND 4918-3141-0035] pg. 1800 39. Subsurface Exploration Summary at 350 Merrydale Road, prepared by ENGEO Incorporated, , dated November 5, 2018. [ND 4910-4294-6419] pg. 1849 40. ENGEO Incorporated’s Transmittal Letter regarding results of Subsurface Exploration, dated October 18, 2018. [ND 4906-9069-0419] pg. 1852 41. Vicinity Map & Potential UST Locations Map, prepared by ENGEO Incorporated [ND 4931-7325-9635] pg. 1854 42. Notice of Completion & Environmental Document Transmittal for 350 Merrydale Road signed by LAK Associates, LLC, dated November 6, 2019. [ND 4906-7561-7139] pg. 1857 43. 350 Merrydale Road Residential Townhome Development Project Initial Study/Mitigated Negative Declaration, dated November 8, 2019 [ND 4916-1520-6771] pg. 1860 44. Notice of Determination by the City of San Rafael for 350 Merrydale Road, filed February 20, 2020 by Marin County Clerk. [ND 4900-7157-1827] pg. 1953 45. A.L.T.A / N.S.P.S Land Title Survey 350 Merrydale Road by CBG Civil Engineers, signed and dated April 22, 2022 [ND 4903-2552-3827] pg. 1957 4905-1168-9087 v3 46. Joint Trench Composite Plan of Merrydale TownHomes – 350 Merrydale Road by Nor-Coast Utility Design, Inc., dated July 22, 2023 [ND 4931-3125-1059] pg. 1959 47. Lighting Layout Recommendation for 350 Merrydale Road created by Associated Lighting Representatives, Inc. for Ripley Design Group, dated November 16, 2023. [ND 4932-9908-8755] pg. 1963 48. Landscape CDs Revision and Lighting Layout by Ripley Design Group, Inc. for 350 Merrydale Road (Key Sheet Only), dated November 6, 2023. [ND 4912-6891-4547] pg. 1965 49. Engineer’s Preliminary Bond Estimate for 350 Merrydale Road Off- Site Civil Improvements by CBG Civil Engineers, dated November 2, 2023. [ND 4934-6804-0563] pg. 1967 50. 350 Merrydale Road Improvement Plans (Preliminary) by CBG Civil Engineers, dated October 31, 2023 [ND 4933-2084-6963] pg. 1969 51. 350 Merrydale Road Hydrology & Hydraulics Report by CBG Civil Engineers , dated October 2023. [ND 4931-8669-4771] pg. 2015 52. Preliminary Bond Estimate for 350 Merrydale Road On-Site Erosion Control Measures (45 Units – 2.2 Acres) by CBG Civil Engineers, dated November 2, 2023. [ND 4932-7044-9779] pg. 2042 4905-1168-9087 v3 53. Grading Permit and Erosion Sediment Control Plan, submitted April 4, 2023 and approved May 12, 2023 (includes Rough Grading Plans dated May 1, 2023). [ND 4926-3907-5955] pg. 2044 54. Opinion of Probable Costs/Fee Analysis for 350 Merrydale Road by Murow Development Consultants, dated July 21, 2023 [ND 4904-7684-6707] pg. 2074 55. Complete Notice of Applicability of Application Package for 350 Merrydale Road Project Site by Monk & Associates, dated November 2, 2020. [ND 4900-8094-3987] pg. 2079 56. Letter from U.S. Army Corps of Engineers regarding request for a Preliminary Jurisdictional Determination for 350 Merrydale Road, dated October 30, 2020. [ND 4904-8366-2707] pg. 2162 57. Letter from the Department of Fish and Wildlife regarding notification of Lake or Streambed Alteration (EPIMS), dated February 8, 2021. [ND 4902-8240-1651] pg. 2166 58. Notice of Applicability for Enrollment of the 350 Merrydale Road Project from San Francisco Bay Regional Water Quality Control Board, dated May 19, 2021. [ND 4929-1616-2419] pg. 2169 59. Storm Drain Outfall Modification 350 Merrydale Road- Improvement Plans by CBG Civil Engineers, dated July 1, 2021, reviewed and approved by Building Division on July 15, 2021. [ND 4933-0026-8659] pg. 2176 4905-1168-9087 v3 60. City of San Rafael Inspection Record & Notification of Building Permit Issuance #B2106-053 for the New Outfall, final approval granted August 20, 2021. [ND 4929-1445-8227] pg. 2181 61. Building Permit #B2106-053 for the New Outfall for 350 Merrydale Road issued by the City of San Rafael, issued July 19, 2021. [ND 4920-4210-8531] pg. 2184 62. Notification of Building Permit Issuance #B2106-053 for the New Outfall. [ND 4919-2473-3555] pg. 2187 63. Draft of City of San Rafael Inspection Record for the New Outfall. [ND 4929-4788-1587] pg. 2189 64. Landscape Construction Plans for 350 Merrydale Road (3RS School Site) by WHA Inc., CBG Engineers, and Ripley Design Group, Inc., dated November 6, 2023. [ND 4910-5520-2163] pg. 2192 65. Will-Serve Letter from the Las Gallinas Valley Sanitary District, dated October 5, 2023, signed by Las Gallinas Valley Sanitary District only. [ND 4920-8195-4675] pg. 2214 66. Landscape Plans by Ripley Design for 350 Merrydale Road 3Rs School Site (Final Planning Commission Submittal), dated November 22, 2019. [ND 4901-3704-2803] pg. 2218 67. Landscape Construction Plans for 3R School Site 350 Merrydale Road, dated September 7, 2021. [ND 4901-3710-8339] pg. 2231 4905-1168-9087 v3 68. Landscape Plan Review Packet. [ND 4899-6940-1715] pg. 2247 69. Landscape Construction Plans for 3R School Site 350 Merrydale Road, dated September 10, 2021. [ND 4938-1138-4179] pg. 2266 70. Letter from Marin Municipal Water District regarding Estimated Cost of Water Facilities – 350 Merrydale Road, dated October 28, 2021. [ND 4902-5474-5459] pg. 2281 71. Landscape Plan Compliance Letter from Marin Municipal Water District and Marin Water Landscape Plan Review Packet, dated November 9, 2021. [ND 4910-0978-5715] pg. 2283 72. Letter from Marin Municipal Water District regarding Pipeline Extension Agreement (PEA) and Right of Way Information Checklist and Tentative Construction Schedule, dated February 9, 2022. [ND 4898-6854-1811] pg. 2309 73. WRA Environmental Consultants’ Biological Resources Assessment and Constraints at 350 Merrydale Road, dated March 28, 2018. [ND 4929-4130-4193] pg. 2323 74. WRA Environmental Consultants’ Biological Resources Assessment and Constraints at 350 Merrydale Road and Report attached (duplicate), dated March 28, 2018. [ND 4906-0927-1169] pg. 2358 75. Preliminary Geotechnical Exploration Site Assessment for 3833 Redwood Highway by ENGEO Incorporated, dated May 8, 2018. [ND 4906-9467-9682] pg. 2393 4905-1168-9087 v3 76. ENGEO Incorporated’s Subsurface Exploration Summary and USTs, dated November 5, 2018. [ND 4918-0197-5938] pg. 2497 77. Transmittal Letter from ENGEO Incorporated regarding results of Subsurface Exploration and USTs, dated October 18, 2018. [ND 4930-4348-9922] pg. 2500 78. Memorandum from BkF Engineers to Department of Public Works, City of San Rafael regarding Preliminary Hydrology Analysis (Planning Level), dated April 9, 2019. [ND 4906-7868-8898] pg. 2502 79. First American Property Disclosure Report (PDR®) for Undeveloped Land (Natural Hazard Disclosures Land Report), dated November 9, 2021. [ND 4900-4148-2370] pg. 2517 80. 3833 Redwood Boulevard Environmental Noise and Vibration Assessment by Illingworth & Rodkin, Inc., dated November 1, 2018. [ND 4924-2437-1330] pg. 2551 81. 350 Merrydale Road and 3833 Redwood Highway Project Traffic Impact Study by W-Trans prepared for the City of San Rafael, dated June 18, 2019. [ND 4921-2297-1266] pg. 2583 82. Tree Inventory for 3833 Redwood Highway, San Rafael, CA, dated June 7, 2019, revised on November 5, 2019. [ND 4906-4775-5906] pg. 2703 83. Tree Removal Proposed Plan by Cinquini & Passarino, Inc. Land Surveying for 350 Merrydale Road, dated February 5, 2018. [ND 4907-6486-8738] pg. 2709 4905-1168-9087 v3 84. Tree Removal Update, dated March 5, 2021. [ND 4919-0571-9426] pg. 2711 85. Trees in Southwest Corner, part of Tree Removal Proposed Plan. [ND 4929-1235-2386] pg. 2713 86. 350 Merrydale Road Condominiums Plan Set by WHA, reviewed for Code Compliance by Interwest Consulting Group, dated November 16, 2023 [ND 4938-6374-7443] pg. 2715 87. Approved Structural Calculations per 2022 CBC for Merrydale for DRG Builders by Harris & Sloan, reviewed for Code Compliance by Interwest Consulting Group, dated November 16, 2023 [ND 4938-3012-7475] pg. 2968 88. Email from Raffi Boloyan, Planning Manager of City of San Rafael regarding ADU’s/JDU’s, dated March 10, 2020. [ND 4908-7188-9282] pg. 3212 89. 350 Merrydale Road Demolition Plan by CBG Civil Engineers, dated July 30, 2024. [ND 4914-0895-6802] pg. 3215 90. 350 Merrydale Road Cover Sheet + Site Permit Plan by Richard Blanchard & Associates (Approved by City of San Rafael), dated September 12, 1990. [ND 4919-7990-6434] pg. 3221 91. 350 Merrydale Road Site Permit Plan by ALB Designs (Approved by City of San Rafael), dated March 9, 2010. [ND 4929-8653-9394] pg. 3226 92. 350 Merrydale Road Existing Floor Plan (MD As-Built), dated March 9, 2010. [ND 4917-1120-8834] pg. 3233 4905-1168-9087 v3 93. 350 Merrydale Road Building Permit Sheets (Site Plan) for Marin Ventures by ALB Designs, dated April 2, 2012. [ND 4939-0928-6274] pg. 3235 94. Nationwide Summary Report for Ridgewood Properties, a California Partnership, beginning 2020 to present. [ND 4935-7406-9634] pg. 3237 95. 350 Merrydale Road Conceptual Sanitary Sewer Options by BkF Engineers, dated August 22, 2019. [ND 4935-9202-6498] pg. 3244 96. Las Gallinas Valley Sanitary District Existing Plumbing Fixture Count Worksheet for 350 Merrydale Road, dated January 13, 2020. [ND 4927-6994-2914] pg. 3250 97. Technical Memorandum regarding Mulligan Trunk Sewer and Pump Station Evaluation by Hazen, dated September 11, 2020. [ND 4900-5209-9458] pg.3253 98. Las Gallinas Valley Sanitary District Preliminary Approval, dated September 25, 2020. [ND 4908-0707-4178] pg. 3276 99. Will-Serve Letter from Las Gallinas Valley Sanitary District, dated October 5, 2023 (signed by Las Gallinas Valley Sanitary District only). [ND 4916-2915-7762] pg. 3279 100. Will-Serve Letter from Las Gallinas Valley Sanitary District, dated September 26, 2024. [ND 4925-0157-2994] pg. 3283 101. Board Meeting Agenda Packet from Las Gallinas Valley Sanitary District, for October 2, 2025 Board meeting. [ND 4919-6476-7618] pg. 3287 4905-1168-9087 v3 102. Notice of Nonpayment and Demand for Payment of Outstanding Connection Fees for Will-Serve Letter, dated September 26, 2024, from Las Gallinas Valley Sanitary District, dated November 5, 2025 [ND 4934-9142-8738] pg. 3357 103. 350 Merrydale Road Plumbing Fixture Count Spreadsheet. [ND 4902-3671-4370] pg. 3360 104. Preliminary Sewer Demand Calculations for 350 Merrydale Road by CBG Civil Engineers, dated January 29, 2021 [ND 4909-5813-4658] pg. 3362 105. Letter from Marin Municipal Water District regarding Water Availability for 3833 Redwood Highway, dated January 8, 2019 [ND 4929-9355-1746] pg. 3364 106. Marin Municipal Water District Pipeline Extension Application for 350 Merrydale Road, dated May 19, 2021. [ND 4898-5627-7890] pg. 3366 107. Landscape Plan Compliance Letter from Marin Municipal Water District Regarding 350 Merrydale Road, Water Conservation Ordinance 430, dated November 9, 2021. [ND 4906-9513-8690] pg. 3368 108. Marin Municipal Water District Updated Pipeline Extension Agreement for Merrydale TownHomes, dated February 1, 2022 (unsigned). [ND 4915-5077-6706] pg. 3394 109. Approved Marin Municipal Water District Updated Pipeline Extension Agreement for Merrydale TownHomes, dated February 1, 2022, approved June 11, 2024 (unsigned). [ND 4925-0707-8018] pg. 3405 4905-1168-9087 v3 110. Pipeline Extension Procedures by Marin Municipal Water District, revised March 6, 2019. [ND 4934-6337-9330] pg. 3416 111. Pages 1 to 3 of PG&E Application for Service for 350 Merrydale Road (filled, unsigned). [ND 4933-1356-4034] pg. 3421 112. PG&E Email Confirmation of Application for Project Number P000120294, dated January 20, 2023. [ND 4922-9015-3858] pg. 3425 113. Marin County Secured Tax Statement (APNs 1709-041-27 and 1079- 041-28) – Property Tax – July 1, 2025 – June 30, 2026. [ND 4937-5003-3794] pg. 3428 114. Resolution No. 14947 regarding Request for Modification of Conditions of Approval, adopted July 19, 2021. [ND 4898-5824-3970] pg. 3431 115. Resolution No. 22-12 of the City Planning Commission regarding approving a time extension for Merrydale Townhomes Environmental and Design Review (ED18-100), Use Permit (UP18-039), and Tentative Subdivision Map (TS18-006) plus attachments, adopted June 28, 2022. [ND 4907-4743-6418] pg. 3455 116. Resolution No. 24-04 of the City Planning Commission regarding approving a time extension for Merrydale Townhomes Environmental and Design Review (ED18-100), Use Permit (UP18-039), and Tentative Subdivision Map (TS18-006) plus attachments, adopted August 27, 2024. [ND 4916-3662-8866] pg. 3482 4905-1168-9087 v3 117. Complete Notice of Applicability of Application Package for 350 Merrydale Road Project Site by Monk & Associates, dated November 2, 2020. [ND 4898-2501-7218] pg. 3513 118. Letter from U.S. Army Corps of Engineers regarding request for a Preliminary Jurisdictional Determination for 350 Merrydale Road, dated October 30, 2020. [ND 4905-1288-3074] pg. 3596 119. Department of Fish and Wildlife Notification of Lake or Streambed Alteration (EPIMS), dated February 8, 2021. [ND 4912-1752-6146] pg. 3600 120. Notice of Applicability for Enrollment of the 350 Merrydale Road Project from San Francisco Bay Regional Water Quality Control Board, dated May 19, 2021. [ND 4918-7183-7570] pg. 3603 121. Transmittal Letter by ENGEO Incorporated regarding Alternate Geotechnical Mitigation Measure – Placement of Surcharge Fill to Pre-Consolidate Compressible Soil, dated September 17, 2024. [ND 4936-5074-6754] pg. 3610 122. Grading Permit and Erosion Sediment Control Plan Modification, approved November 14, 2024. [ND 4903-7925-5170] pg. 3613 123. 350 Merrydale Road Rough Grading Plans by CBG Civil Engineers dated May 1, 2023, reviewed for compliance by Public Works Division of the City of San Rafael, approved November 14, 2024. [ND 4914-0266-5346] pg. 3631 4905-1168-9087 v3 124. Staff Report to Planning Commission regarding 350 Merrydale request for a time extension for entitlements and Exhibits for Planning Commission meeting on August 27, 2024. [ND 4925-9450-3042] pg. 3650 125. Subdivision Improvement Agreement – City of San Rafael (word version, unsigned) [ND 4906-4867-3666] pg. 3877 126. South Property Line Existing Utilities at 350 Merrydale Road by CBG Civil Engineers, dated January 30, 2025. [ND 4908-8375-1298] pg. 3887 127. Stormwater Pollution Prevention Plan for 350 Merrydale Road, dated February 24, 2023. [ND 4922-0934-7970] pg. 3889 128. Draft 350 Merrydale Compensation Loading Options Value Engineering, dated December 12, 2022. [ND 4928-8063-3218] pg. 4339 129. CTLA Preliminary Report Form for 350 Merrydale Road from First American Title Company, dated May 1, 2025. [ND 4914-7154-3682] pg. 4344 130. Vegetation Assessment Report by Ed Gurka (Certified Arborist), dated February 6, 2023. [ND 4930-4892-9922] pg. 4358 131. Tree Inventory for 350 Merrydale Road, dated June 7, 2019, revised November 5, 2019. [ND 4937-3679-5778] pg. 4360 132. Trees in Southwest Corner, part of Tree Removal Proposed Plan. [ND 4899-4521-0498] pg. 4366 4905-1168-9087 v3 133. Email correspondence PG&E Account for Meter 1006717235, dated November 19, 2025. [ND 4909-3212-8128] pg. 4368 134. Email correspondence regarding attempt to remove transformer, dated November 18, 2025. [ND 4906-9724-7104] pg. 4371 135. Updated Phase I Environmental Site Assessment, prepared by ENGEO Incorporated, dated October 9, 2025. [ND 4899-4522-3797] pg. 4374 4905-1168-9087 v3 Core Transaction Documents 4905-1168-9087 v3 4905-1168-9087 v3 1. Purchase and Sale Agreement and Joint Escrow Instructions Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of Novewbey 25 2025 (“Effective Date”), by and between Ridgewood Properties Partnership LLC, a California limited liability company, as to an undivided % interest, and Merrydale-Clayton LLC, a California limited liability company, as to an undivided % interest (collectively, “Seller’), and the City of San Rafael, a municipal corporation of the State of California (“Buyer”), for the purpose of setting forth the purchase and sale agreement of the parties and to provide instructions to First American Title Company in Pleasanton, CA (“Escrow Agent" and “Title Company”), with respect to the transaction contemplated by this Agreement. RECITALS A. Seller is the owner of that certain parcel of real property located in the City of San Rafael (“City”), County of Marin (“County”), State of California, commonly known as 350 Merrydale Road/3833 Redwood Highway as more particularly described on Exhibit A attached hereto (“Real Property”). The Real Property, together with the buildings, structures, improvements, intangible property, and personal property thereon or related thereto, are collectively referred to in this Agreement as the “Property.” B. Buyer has received all due diligence documents that it has requested from Seller, has completed its due diligence review, and has obtained and reviewed the results of all independent inspections, investigations, tests, and studies of the Property that Buyer deems necessary or appropriate concerning the Property. C. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, all on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree, and instruct Escrow Agent, as follows: 1. PURCHASE AND SALE. Subject to and upon all the terms and conditions of this Agreement, Seller agrees to sell, transfer, and convey the Property to Buyer, and Buyer agrees to purchase and acquire said Property from Seller. 2. PURCHASE PRICE. The purchase price of the Property (“Purchase Price”) shall be Six Million Seven Hundred Thousand and 00/100 Dollars ($6,700,000). (a) Within three (3) Business Days after the Effective Date, Buyer shall deposit with Escrow Agent a deposit in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) (“Deposit”). Escrow Agent shall immediately release 11265.00002/30064 10v2 1 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 the Deposit to Seller once made by Buyer. Except in the event of Seller's default as provided in Section 13 below and as otherwise provided in this Agreement, the Deposit shall be nonrefundable. (b) If the sale of the Property as contemplated hereunder is consummated, the Deposit shall be credited against the Purchase Price. If the sale of the Property is not consummated because of the failure of any condition precedent or Seller's default hereunder, then the Deposit shall immediately be returned to Buyer. If the sale is not consummated because of Buyer’s default hereunder, the Deposit shall be retained by Seller as liquidated damages as Seller's sole and exclusive remedy. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE THIS SALE BECAUSE OF A BUYER DEFAULT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD INCUR IN SUCH EVENT. BY PLACING ITS INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. INITIALS: Sellen) [en Buyer _( <{ (c) At Closing, the balance of the Purchase Price shall be paid to Seller in cash. Said cash sum shall be reduced by the amount of the Deposit and adjusted by any credits due to or from Buyer hereunder. (d) The Deposit being delivered by Buyer includes the amount of One Thousand and No/100 Dollars ($1,000.00) as independent consideration for Seller’s performance under this Agreement (“Independent Consideration’), which shall be retained by Seller in all instances. If Closing occurs or if this Agreement is terminated for any reason, then Seller shall retain the Independent Consideration notwithstanding anything to the contrary contained in this Agreement. The Independent Consideration shall be nonrefundable under all circumstances and shall not be applied to the Purchase Price at Closing. The Independent Consideration, plus Buyer’s agreement to pay the costs provided in this Agreement, has been bargained for as consideration for Seller's execution and delivery of this Agreement and for Buyer’s review, inspection and termination rights during the Due Diligence Period, and such consideration is adequate for all purposes under any applicable law or judicial decision. 3. ESCROW AND ESCROW INSTRUCTIONS. Buyer and Seller shall open an escrow (‘Escrow’) with Escrow Agent within three (3) Business Days of full execution of this Agreement. Escrow Agent is hereby appointed and designated to act as Escrow Agent and instructed to deliver, pursuant to the terms of this Agreement, the documents and funds to be deposited into Escrow as herein provided. 11265.00002/3006410v2 2 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 4. TITLE. (a) Title Report. Prior to the Effective Date, (a) Seller has made available to Buyer a preliminary title report for the Real Property issued by Title Company on May 1, 2025 under Order No. 131-628012ala, together with copies of all exception documents referenced therein (“Title Report’), and an ALTA/NSPS Land Title Survey prepared by Carlson, Barbee & Gibson, Inc., under its Job No. 3196-000, dated April 12, 2022 (“Existing Survey”). As of the Effective Date, Buyer has completed its review of the Title Report and the Survey. At Buyer's option and sole cost, Buyer may obtain a recertification, revision or update to the Existing Survey (if any), or a new survey of the Property and improvements by a licensed surveyor or civil engineer, containing such information as may be required to provide the basis for the Title Policy (any such recertified, revised, updated or new survey, the “Updated Survey’). (b) Standard Coverage Title Policy. At Closing, Seller shall convey to Buyer marketable and insurable fee simple title to the Real Property, appurtenances, and improvements, by duly executed and acknowledged Deed (as defined in Section 7.2.1). Evidence of delivery of marketable and insurable fee simple title shall be the issuance by Title Company of an ALTA Standard Coverage Owner's Policy of Title Insurance in the full amount of the Purchase Price, insuring fee simple title to the Real Property in Buyer, subject only to the following: (i) Title Company's standard printed exceptions; (ii) zoning ordinances and regulations and other laws or regulations governing use or enjoyment of the Property; (iii) all other exceptions listed in the Title Report; (iv) liens to secure taxes and assessments not yet delinquent; and (v) matters that would be revealed by a current land survey or, if Buyer elects to obtain an Updated Survey, then matters revealed by such survey. (c) Title Exceptions; Definition of Owner's Title Policy. All such exceptions listed in Sections 4(b)(i) through (v) are defined herein as the “Permitted Exceptions,” and the title policy described in this Section 4 is defined herein as the “Owner’s Title Policy”. Notwithstanding the foregoing, (i) deeds of trust and/or mortgages, mechanic’s liens or other monetary liens or encumbrances on the Property arising by or through the actions of Seller (collectively, “Liens”), (ii) property taxes and assessments in the amounts that are due and payable at Closing, (iii) Exception 12- “rights of parties in possession” (subject to the provisions of this Section 4(c)), and (iv) exceptions or encumbrances to title which are affirmatively created by Seller after the date of this Agreement (collectively, “Excluded Exceptions’) shall not be Permitted Exceptions, whether Buyer gives written notice of such or not, and at Closing Seller shall cause the same to be paid off, satisfied, discharged, cured, or removed from or endorsed over (to the reasonable satisfaction of Buyer) on the Owner’s Title Policy, the same being a condition precedent for the benefit of Buyer. With respect to Exception 12, Seller agrees to complete and sign a commercially reasonable form of Owner's Affidavit prior to Closing such that Title Company will delete Exception 12 or revise it to include a list of only those parties in possession that Buyer approves in writing in its sole and absolute discretion. (d) Optional Extended Coverage Policy. At Buyer’s option, Buyer may request an ALTA Extended Coverage Owner’s Policy of Title Insurance, and any other 11265.00002/3006410v2 3 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 endorsements as Title Company shall agree to issue, in such coverage amount as Buyer shall require (“Extended Title Policy”), but such additional requirements of Buyer shall not be conditions to Closing and shall not be included in the definition of “Owner's Title Policy” as provided in this Section 4. Notwithstanding the foregoing, the Extended Title Policy shall include a general survey exception and such other exceptions as Title Company may require related to the absence of a survey unless Buyer provides an Updated Survey of the Property acceptable to Title Company at Buyer's sole cost and expense, and such requirements shall not delay the Closing. on BUYER’S DUE DILIGENCE. Buyer acknowledges and agrees that all materials made available or to be made available to Buyer by Seller, as listed in Exhibit C (“Due Diligence Items”), have been delivered to Buyer prior to the Effective Date (“Due Diligence Items Deadline’). The Due Diligence Items have been or will be made available as an accommodation to Buyer and, except for the express representations and warranties set forth in this Agreement, as such Seller makes no representations or warranties concerning the accuracy, adequacy, or completeness of the Due Diligence Items. Buyer further acknowledges and agrees that Buyer has undertaken all such inspections of the Property as Buyer deems necessary and appropriate and that Buyer is relying solely upon such investigations and not on any of the Due Diligence Items or any other information provided to Buyer by or on behalf of Seller. As to the Due Diligence Items, Buyer specifically acknowledges that certain of such Due Diligence Items have been prepared by third parties with whom Buyer has no privity, are based on information available from public sources over which Seller has no control and which may be subject to change, may contain errors, mistakes and omissions, and are provided solely as a courtesy by Seller. Buyer acknowledges and agrees that except for the express representations and warranties set forth in this Agreement, if any, no warranty or representation, express or implied, has been made, nor shall any be deemed to have been made, to Buyer with respect thereto, including any right of Buyer to rely on same, either by Seller or by any third parties who prepared the same. If the Closing hereunder shall not occur for any reason whatsoever, Buyer shall promptly return to Seller all materials provided by Seller to Buyer, including any Due Diligence Items, and shall destroy all copies and abstracts thereof in Buyer's possession or control, subject to Buyer's document retention policies. 6. CONDITIONS TO CLOSING. 6.1 Buyer's Closing Conditions. The obligation of Buyer to consummate Closing is subject to the following: (a) all of Seller's representations and warranties contained in or made pursuant to this Agreement shall be true and correct in all material respects as of the Closing Date, subject to Section 8.14 below; (b) there shall be no material breach of Seller's covenants and obligations set forth in this Agreement; (c) Escrow shall pay at Closing from Seller's proceeds at Closing, or Seller shall have paid prior to the Closing, the Connection Fee Payment to the District, as provided in Section 7.7.1 below; (d) Seller shall have delivered the items described in Section 7.2 to Buyer or to Escrow Agent, and (e) as of Closing, the Title Company will have committed to issue the Title Policy to Buyer, subject only to the Permitted Exceptions (Buyers Closing Conditions”), which conditions may be waived by Buyer only in a writing executed by 11265,00002/30064 1 0v2 4 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 Buyer. If Buyers Closing Conditions have not been fulfilled within the applicable time periods, Buyer may (a) waive the unfulfilled Buyer’s Closing Condition and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or (b) terminate this Agreement by written notice to Seller and Escrow Agent, and to the extent that the failure of any applicable Buyer’s Closing Condition is caused by a Seller default, Buyer shall be entitled to pursue its rights and remedies pursuant to the terms of Section 13. 6.2 Seller's Closing Conditions. The obligation of Seller to consummate Closing is subject to all of the representations and warranties of Buyer set forth in this Agreement being true, correct, and complete in all material respects as of the Closing Date, and Buyer shall have made all of the deliveries required on the part of Buyer to be complied with or performed pursuant to the terms of Section 7.3 below on or prior to Closing Seller's Closing Conditions”), which conditions may be waived, or the time for satisfaction thereof extended, by Seller only in a writing executed by Seller. Within the applicable time periods, Seller may: (a) waive the unfulfilled Buyer's Closing Condition and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or (b) terminate this Agreement by written notice to Buyer and Escrow Agent, receive a refund of its Deposit and to the extent that the failure of any applicable Seller's Closing Condition is caused by a Buyer default, Seller shall be entitled to pursue its rights and remedies pursuant to the terms of Section 14. 6.3 Waiver of Conditions. The conditions set forth in Section 6.1 are for the exclusive benefit of Buyer and the conditions set forth in Section 6.2 are for the exclusive benefit of Seller. If any of such conditions have not been satisfied or waived within the period provided this Agreement may be terminated by the party benefiting from such condition, in which event the Deposit shall be returned to Buyer, and neither party shall have any further obligation to or rights against the other except as expressly provided in this Agreement. Y. CLOSING. 7.1 Closing Date. Subject to the provisions of this Agreement, Closing shall take place on December 2, 2025 (“Closing Date”). For purposes of this Agreement, the term “Closing” means the date upon which the Deed transferring title to the Real Property to Buyer are recorded in the Official Records of Marin County, California (“Official Records”). 7.2 Deliveries by Seller. On or before the Closing Date, Seller, at its sole cost and expense, shall deliver or cause to be delivered into Escrow the following items, documents, and instruments, each dated as of the Closing Date, fully executed and, if appropriate acknowledged, and, if applicable, in proper form for recording: 7.2.1 Deed. Title Company's standard form of grant deed conveying the Real Property to Buyer and reasonably acceptable to Buyer (“Deed”): 11265.00002/3006410v2 5 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 7.2.2 Seller Assignment. The Seller Assignment in the form attached hereto as Exhibit B (“Seller Assignment’). Pursuant to the Seller Assignment and this Agreement, at Closing Seller shall assign to Buyer, without representation or warranty, all of Seller's rights, title and interest in and to that intangible property and personal property owned by Seller and used by Seller exclusively in connection with all or any portion of the Real Property, to the extent assignable without any consent or approval and at no cost to Seller, if any. 7.2.3 Connection Fee Payment. Evidence reasonably acceptable to City (which may consist solely of written evidence that sufficient funds have been wired to the District) that the Seller's obligations with respect to the Connection Fee Payment as provided in Section 7.7.1 have been satisfied, or shall be satisfied at the Closing. 7.2.4 Other. Such other items, documents, and instruments as may be reasonably required by Buyer, Title Company, Escrow Agent, or otherwise in order to effectuate the provisions of this Agreement and Closing and/or otherwise to fulfill the covenants and obligations to be performed by Seller at Closing pursuant to this Agreement. 7.3 Deliveries by Buyer. On or before the Closing Date, Buyer, at its sole cost and expense, shall deliver or cause to be delivered to the Escrow Agent the following funds and the following items, documents, and instruments, each dated as of the Closing Date, fully executed and, if appropriate acknowledged, and, if applicable, in proper form for recording: 7.3.1 Purchase Price. Cash or other immediately available funds in an amount equal to the unpaid sum of the Purchase Price (less the Deposit) and all of Buyer's share of the Closing Costs (and otherwise sufficient to close the transaction contemplated herein); 7.3.2 Certificate of Acceptance: Other. A certificate of acceptance of the Deed, and such other items, documents, and instruments as may be reasonably required by Seller, Title Company, Escrow Agent, or otherwise in order to effectuate the provisions of this Agreement and Closing and/or otherwise to fulfill the covenants and obligations to be performed by Buyer at Closing pursuant to this Agreement. 74 Actions by Escrow Agent. When Buyer and Seller have deposited with Escrow Agent the documents and funds required by this Agreement, Escrow Agent shall, in the order and manner herein below indicated, take the following actions: (a) disburse all funds as provided in the Closing Statement (as hereinafter defined), including without limitation the Connection Fee Payment (as and to the extent required by Section 7.7.1), (b) cause the Deed and any other documents customarily recorded and/or that the parties hereto may mutually direct to be recorded in the Official Records and obtain conformed copies thereof for distribution to Buyer and Seller, and (c) deliver to Seller and Buyer: (i) one electronic copy of the fully executed Seller Assignment, and (ii) one conformed copy of the Deed and each document recorded in connection with Closing. 11265.00002/30064 | 0v2 6 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 7.5 Prorations/Apportionment. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as Buyer is exempt from payment of property taxes. Accordingly, Escrow Agent shall pay and charge Seller for that portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. Escrow Agent shall pay and charge Seller for any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property. Seller shall have the sole right, after Close of Escrow, to apply to the Marin County Tax Collector for a refund of any excess property taxes which have been paid by Seller with respect to the Property. This refund would apply to the period after Buyer's acquisition of the Property, pursuant to Revenue and Taxation Code Section 5096.7. If any expenses attributable to the Property and allocable to the period prior to Closing are discovered or billed after Closing, the parties shall make any necessary adjustment after Closing by cash payment to the party entitled thereto so that Seller shall have borne all expenses allocable to the period prior to Closing and Buyer shall bear all expenses allocable to the period from and after Closing. The obligations under this Section 7.5 shall survive Closing and the delivery and recordation of the Deed for the Property for ninety (90) days. 7.6 Closing Costs. Each party shall pay its own costs and expenses arising in connection with Closing, except the escrow fee, title insurance premium, transfer taxes and recording fees (“Closing Costs”) shall be allocated between the parties in accordance with customary practices in the County. 7.7 Payments to the District. 7.7.1 In consideration of this Agreement, Seller has agreed to timely pay the sum of $155,341.80 (the “Connection Fee Payment’) to Las Gallinas Valley Sanitary District (the “District”) to satisfy the District's requirement for payment of such amount for the “Connection Fee” pursuant to and as provided in the District’s November 5, 2025 “Notice Of Nonpayment and Demand for Payment of Outstanding Connection Fees for Will-Serve Letter, Dated September 26, 2024” and as further detailed in District’s Will- Serve Letter for the Property dated September 26, 2024 (included in the Due Diligence Items). To the extent that Seller has not paid the Connection Fee Payment to the District on or prior to the Closing Date and presented reasonable evidence of such payment to Buyer and Escrow Agent prior to the Closing, then Escrow Agent shall at Closing pay the Connection Fee Payment directly to the District from the Seller’s proceeds at the Closing. 7.7.2 In consideration of this Agreement, including without limitation Seller's payment of the Connection Fee Payment for the benefit of Buyers use and development of the Property after the Closing, Buyer shall repay to Seller the full amount of the Connection Fee Payment without interest on or before the date that is twelve (12) months after the Closing Date. Seller acknowledges that the Internal Revenue Service and/or California Franchise Tax Board may consider the provisions of this Section 7.7.2 to result in taxable income to Seller. Buyer makes no representations to Seller regarding the amount of any tax liability that may be imposed by the Internal Revenue Service and/or California Franchise Tax Board. Seller acknowledges that it is not relying on Buyer 11265.00002/3006410v2 7 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 for any tax advice related to the provisions of this Section 7.7.2. Seller waives and releases Buyer from any and all claims, including imputed interest, arising from the tax consequences of the provisions of this Section 7.7.2. Seller acknowledges that it has been given an opportunity to consult, and represents that it has consulted, with tax consultants it deems advisable in connection with the provisions of this Section 7.7.2. 7.7.3 Buyer's obligation to repay to Seller the Connection Fee Payment shall survive the Close of Escrow and shall not be deemed merged into the Grant Deed or any other instrument of conveyance delivered at the Close of Escrow. 7.8 Closing Statement. Prior to the Closing Date, Escrow Agent shall deliver to each of the parties for their review and approval a closing statement (“Closing Statement’) setting forth: (a) the proration amounts allocable to each of the parties; and (b) the Closing Costs allocable to each of the parties; and (c) the Connection Fee Payment, if and to the extent provided in Section 7.7.1. 8. SELLER’S REPRESENTATIONS AND WARRANTIES. Seller represents, and warrants to and agrees with Buyer, as of the Effective Date and as of the Closing Date, as follows: 8.1 Due Organization and Authority. Seller is composed of two limited liability companies, each of which is duly organized, validly existing, and in good standing under the laws of the State of California. Seller has full right, power, and authority to sell the Property to Buyer as provided in this Agreement and to carry out its obligations hereunder. The individual(s) executing this Agreement and the instruments referenced herein on behalf of Seller has/have the legal power, right, and actual authority to bind Seller to the terms hereof and thereof. This Agreement is, and all other instruments, documents and agreements to be executed, and delivered by Seller in connection with this Agreement shall be, duly authorized, executed, and delivered by Seller and the valid, binding, and enforceable obligations of Seller (except as enforcement may be limited by bankruptcy, insolvency, or similar laws). 8.2 No Violation, Conflict or Default. This Agreement and all other instruments, documents and agreements to be executed, and delivered by Seller in connection with this Agreement do not, and as of the Closing Date will not, result in any violation of, or conflict with, or constitute a default under, any provisions of any agreement of Seller or any mortgage, deed of trust, indenture, lease, or security agreement to which Seller or the Property is subject. 8.3 Bankruptcy. There are no attachments, levies, executions, assignments for the benefit of creditors, receiverships, conservatorships, or voluntary or involuntary proceedings in bankruptcy, or any other debtor relief actions contemplated by Seller or filed by Seller, or to Seller's knowledge, pending in any current judicial or administrative proceeding against Seller. 11265.00002/30064 | 0v2 8 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 84 No Default. To Seller's Knowledge, Seller is not in default under the provisions of any deed of trust, mortgage, or other encumbrances, liens, or restrictions that affect the Property. 8.5 Notices. Except as disclosed by Seller in the Due Diligence Items, Seller has received no written notice from any governmental authority with jurisdiction over the Property of any current violation by the Property of any laws or regulations applicable to the Property that has not been remedied by Seller. Seller shall immediately provide Buyer with a copy of any such notices received after the Effective Date. 8.6 Contracts. Except as disclosed by Seller in the Due Diligence Items or the Title Report: (i) there are no contracts or agreements relating to the ownership, use, operation and maintenance of the Property to which Seller is a party that are currently in effect and (ii) other than this Agreement, there are no contracts or agreements to which Seller is a party that grant any third party the right to possess the Property or any option, right of first offer, or right of first refusal to purchase the Property. To Seller's Knowledge, there are no contracts or agreements described in (i) or (il) to which Seller is not a party. 8.7 Litigation. Except as disclosed by Seller in the Due Diligence Items or the Title Report, there is no litigation that has been served against Seller or threatened in writing against Seller that arises out of Seller's ownership, use, operation, or maintenance of the Property. Notwithstanding the foregoing, Seller has been advised of the existence of potential “Legal Challenges” as defined in Section 11.4 below and Seller makes no representation or warranty with respect to the existence of potential Legal Challenges. To Seller's Knowledge there is no litigation pending or threatened against Seller (a) arising from Seller’s promise to sell or grant any interest in the Property to parties other than Buyer, or (b) alleging facts that contradict Seller's representations in this Agreement or any breach of any Seller covenants under this Agreement unrelated to a Legal Challenge. For the avoidance of doubt, “Legal Challenge” as used in this Section and in Section 11.4 does not include Claims arising from Seller's promise to sell the Property to parties other than Buyer, or Seller's breach of other Seller covenants or Seller representations under this Agreement unrelated to a Legal Challenge. 8.8 Condemnation. Seller has not been served with an action of condemnation or eminent domain proceedings and Seller has received no written notice that any such action is threatened against the Property. 8.9 Due Diligence Documents. As of the Effective Date, Seller has provided to Buyer complete and accurate copies of the Due Diligence Items listed in Exhibit C in Seller's possession or control, based on the commercially reasonable good faith review of Seller's records by the person named in Section 8.12 below as the party with “Seller's Knowledge.” 8.10 Environmental Laws. Seller has received no notice of any violation of any law relating to hazardous materials as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 USC 889601-9675); Resource Conservation and Recovery Act of 1976 (RCRA) (42 USC §§6901-—6992k); or 11265.00002/3006410v2 9 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 any other pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (“Environmental Laws”) with respect to the Property or the presence or release of any of the foregoing on or from the Property in violation of any Environmental Laws except as may be disclosed in any environmental reports or assessments included in the Due Diligence Items. 8.11 Survival. The parties agree that: (i) Seller's warranties and representations contained in this Agreement and in any document executed by Seller pursuant to this Agreement shall survive Buyer's purchase of the Property for twelve (12) months following the Closing Date, and any action for breach of any representation and warranty by Seller with respect to the Property shall be barred if not filed within such period of time (“Limitation Period’); (ii) in no event shall Seller be liable to Buyer for any consequential, speculative or punitive damages based upon any breach of representation or warranty unless such breach also constitutes fraud; and (iii) no claim for breach of representation may be advanced against any party except Seller. To the extent applicable, the Limitation Period referred to herein shall apply to known as well as unknown breaches of such warranties or representations, and Buyer's waiver and release set forth below shall apply to liabilities under such representations and warranties. Buyer specifically acknowledges that such limitation of liability represents a material element of the consideration to Seller. 8.12 Seller's Knowledge. For purposes of this Agreement “Seller's Knowledge” or words to similar effect, shall mean the actual knowledge, without duty of investigation, of David Jacobson. Except for the representations set forth above, no person acting on Seller's behalf is authorized to make any representation, warranty, guaranty or promise to Buyer concerning the Property, whether verbally or in writing. Buyer acknowledges that the designated person is not individually liable for matters within Seller's actual knowledge or for any other obligations or liabilities that may arise under this Agreement, but is merely the person whose current, actual knowledge is attributable to Seller. 8.13 Limitation on Liability of Seller. Notwithstanding anything to the contrary in this Agreement or any documents executed in connection herewith, and without limiting the foregoing or any other limitations elsewhere in this Agreement, Seller shall have no liability (and Buyer shall make no claim against Seller) for a breach of any of Seller's representations or warranties above or any document executed by Seller in connection with this Agreement unless (a) the valid claims for all such breaches collectively aggregate to more than Twenty-Five Thousand Dollars ($25,000), and (b) the liability of Seller for any post-Closing Claim by Buyer under this Agreement and other Closing documents does not exceed, in the aggregate, the amount of One Million Dollars ($1,000,000). In no event shall Buyer seek or obtain any recovery or judgment against any of Seller's other assets (if any) or personally against the partners, members, shareholders, trustee, officers, or employees of Seller. Except as described in Section 13 below, Buyer shall not seek or obtain any other damages of any kind, including, without limitation, consequential, speculative, indirect, or punitive damages, and Buyer hereby waives any right to any of these. This Section 8.13 shall survive Closing or any termination of this Agreement. 1 1265.00002/30064 1 0v2 10 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 8.14 Change of Facts. If any change in condition or circumstances renders any of the foregoing warranties or representations of Seller inaccurate to the extent of causing a material impact on the Property between the date hereof and Closing, Seller shall deliver written notice to Buyer of such change immediately after Seller becomes aware of such change of facts and Buyer shall have a period of five (5) Business Days after such notice to accept such warranty or representation as changed or to terminate this Agreement within such five (5) Business Day period, by written notice to Seller. In the event of such termination the Escrow shall be canceled and the Parties shall thereafter be released from all obligations hereunder. Alternatively, Buyer may waive the effect of any such materially changed warranty or representation and close the purchase and sale of the Property. If Buyer does not timely provide written notice of termination within five (5) Business Days as provided above, then Buyer will be deemed to have irrevocably waived its right to provide such notice. 9. BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to Seller, as of the Effective Date and as of the Closing Date, as follows: 9.1 Buyer's Authority; Validity of Agreements. Buyer has full right, power, and authority to purchase and acquire the Property from Seller as provided in this Agreement and to carry out its obligations hereunder. The individual(s) executing this Agreement and the instruments referenced herein on behalf of Buyer has/have the legal power, right, and actual authority to bind Buyer to the terms hereof and thereof. This Agreement is, and all instruments, documents, and agreements to be executed and delivered by Buyer in connection with this Agreement shall be, duly authorized, executed, and delivered by Buyer and shall be valid, binding, and enforceable obligations of Buyer (except as enforcement may be limited by bankruptcy, insolvency, or similar laws) and do not, and as of Closing Date will not, violate any provision of any law, statute, ordinance, rule, regulation, agreement or judicial order to which Buyer is a party or to which Buyer is subject. 9.2 Survival. All of the representations, warranties, and agreements of Buyer set forth in this Agreement shall be true upon the Effective Date, shall be deemed to be repeated at and as of the Closing Date (except as otherwise set forth in writing to Seller) and shall survive the delivery of the Deed and Closing for a period of twelve (12) months. 10. SELLER’S COVENANTS. Between the Seller's execution of this Agreement and Closing: (a) Continuing Operations. Seller shall continue to maintain and operate the Property in the same manner as before the making of this Agreement. (b) New Lease. Seller shall not enter into any new leases, extend or renew any existing leases, modify or terminate any existing leases, or consent to any sublease or assignment of any existing leases, in each case without the prior written consent of Buyer, which Buyer shall not unreasonably withhold, condition, or delay. Buyer shall respond to any request for approval within five (5) Business Days after receipt of Seller's request. 11265.00002/3006410v2 11 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 (c) New Contracts. Seller shall not enter into or materially modify any service contracts or other similar arrangements pertaining to the Property that would be binding on the Buyer or Property after Closing, without in each case obtaining the prior written consent of Buyer, which Buyer may grant or withhold in its sole discretion. Buyer shall respond to any request for approval within five (5) Business Days after receipt of Seller's request. (d) Insurance. Seller shall maintain all casualty, liability, and hazard insurance currently in force with respect to the Property. (e) No Transfer or Encumbrance. Seller shall not sell, mortgage, pledge, hypothecate or otherwise transfer or dispose of or encumber the Property or any interest therein or part thereof, nor shall Seller initiate, consent to, approve or otherwise take any action with respect to zoning or any other governmental rules or regulations applicable to the Property. 11. BUYER’S RESPONSIBILITY FOR ITS OWN INVESTIGATION. AS A MATERIAL INDUCEMENT TO SELLER TO ENTER INTO THIS AGREEMENT AND TO CONVEY THE PROPERTY TO BUYER, BUYER HEREBY ACKNOWLEDGES AND AGREES THAT: 11.1 ASIS. BUYER HEREBY ACKNOWLEDGES AND AGREES: (A) BUYER IS FAMILIAR WITH THIS TYPE OF PROPERTY AND HAS BEEN REPRESENTED BY COUNSEL THAT IS SOPHISTICATED IN REAL ESTATE MATTERS; (B) EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND/OR ANY DOCUMENT OR INSTRUMENT DELIVERED BY SELLER AT CLOSING (“EXPRESS REPRESENTATIONS’), NEITHER SELLER NOR ANY OF ITS AGENTS, REPRESENTATIVES, BROKERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OR EMPLOYEES OR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR WILL MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY; AND (C) THE PROPERTY IS BEING SOLD TO BUYER IN ITS PRESENT “AS IS” CONDITION SUBJECT TO THE EXPRESS REPRESENTATIONS. SUBJECT TO THE EXPRESS REPRESENTATIONS AND THE TERMS HEREOF, BUYER WILL BE AFFORDED THE OPPORTUNITY TO MAKE ANY AND ALL INSPECTIONS OF THE PROPERTY AND SUCH RELATED MATTERS AS BUYER MAY REASONABLY DESIRE AND, ACCORDINGLY, SUBJECT TO THE EXPRESS REPRESENTATIONS, BUYER WILL RELY SOLELY ON ITS OWN DUE DILIGENCE AND INVESTIGATIONS IN PURCHASING THE PROPERTY. 11.2 Buyer's Own Investigations. Buyer acknowledges that as of Closing, Buyer has been given a reasonable opportunity to inspect and investigate the Property, all improvements thereon and all aspects relating thereto, either independently or through agents of Buyer's choosing. Buyer further states that it is relying solely upon its own inspection and review of the Property and not upon any representations made to it by Seller or Seller's agents, except for the Express Representations. Without limiting the foregoing, Buyer further specifically agrees that Buyer’s independent inspection and 11265,.00002/30064 1 0v2 12 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 investigation as to the Property’s current condition shall include, without limitation (and Buyer expressly acknowledges that except for the Express Representations, no representation or warranty is being made or is being deemed made as to) (i) the quality, nature, habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, soils, geology and groundwater, and whether the Real Property lies within a special flood hazard area, an area of potential flooding, a fire hazard area, or a seismic hazard zone, (ii) the dimensions or lot sizes of the Real Property, (iii) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or regulatory agency or authority or of any other person or entity, (iv) the presence or absence of hazardous substances on, in, under, above or about the Real Property or any adjoining or neighboring property, (v) the condition of title to the Property, (vi) any contracts or any other agreements affecting the Real Property or the intentions of any party with respect to the negotiation and/or execution of any contract with respect to the Property. 113 No Implied Warranties. Except with respect to the Express Representations, to the greatest extent permitted by applicable law Seller hereby specifically disclaims: (a) all warranties implied by law arising out of or with respect to the execution of this Agreement, any aspect or element of the Property, or the performance of Seller's obligations hereunder including, without limitation, all implied warranties of merchantability, habitability and/or fitness for a particular purpose; and (b) any warranty, guaranty or representation, oral or written, past, present or future, of, as to, or concerning (i) the nature and condition of the Property, including, without limitation, the water, soil, and geology, the suitability thereof for any or use which Buyer may elect to conduct thereon; (ii) the nature and extent of any title matter; or (iii) the compliance of the Property or other items conveyed hereunder or its operation with any applicable laws, ordinances, rules, requirements, resolutions, policy statements and regulations (including, without limitation, those relating to land use, subdivision, building code, handicap access, and hazardous materials) of any governmental agency with jurisdiction over the Property (‘Governmental Regulations’). The provisions of this Section 11.3 shall be effective upon Closing or upon the earlier termination of this Agreement. 11.4. Indemnification and Release. 11.4.1 Indemnification. Buyer hereby indemnifies and agrees to save, protect, defend (with counsel selected by Seller) and hold harmless Seller and its direct and indirect, current and future, partners, members, officers, directors, shareholders, fiduciaries, employees, licensees, contractors, agents, counsel, brokers, invitees, tenants, independent contractors, any lender and property manager (individually, each an “Seller Party” and collectively, “Seller Parties”) from and against any and all obligations, losses, injuries, damages, claims, causes of action, liens or encumbrances, costs, expenses, demands, liabilities, penalties and investigation costs, including reasonable attorneys’ fees and costs (“Claims”) alleged, sought, filed or claimed by a third party that meet either of the following criteria: 11265.00002/3006410v2 13 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 11.4.1.1 Claims that arise from or relate to Buyer's acts or omissions in connection with (i) the negotiation, consideration of approval, or approval of this Agreement, (ii) the negotiation, consideration of approval, or approval of the Grant Agreement between Buyer and the County of Marin, (iii) the negotiation, consideration of approval, or approval of any other agreement related to the proposed use of the Property to shelter the unhoused, or (iv) the proposed development, use or entitlement of the Property. The foregoing shall include but not limited to Claims that allege a waste or gift of public funds by Buyer or a violation by Buyer of the California Environmental Quality Act, the planning and zoning laws of the State of California or the City, or the Brown Act (or any other similar law imposing requirements that a public agency hold open and public meetings or conduct business of the public agency openly and publicly); 11.4.1.2 Claims that arise from or relate to any occurrence on the Property at any time after Closing (whether or not legal proceedings are instituted or asserted against any of the Seller Parties, to the greatest extent permitted by applicable law, even if the Claim is caused by the negligence of a Seller Party). For the avoidance of doubt, and without limiting the generality of the foregoing, Campus Properties, Michael Hooper, Robert D. Upton, Park Place Partners, Inc., dba Land Advisors, and Steve Reilly are all Seller Parties. 11.4.2 Release. As a material part of the consideration of this Agreement but subject to the Express Representations, as of Closing, to the greatest extent permitted by applicable law, Buyer hereby fully and irrevocably releases Seller and the Seller Parties from any and all Claims that the Buyer may have or thereafter acquire against the Seller Parties arising from or related to any matter described in Sections 11.2 or_11.3 above (each and collectively, the “Released Claims”). This includes Released Claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist in its favor which, if known by Buyer, would materially affect Buyer’s release of the Seller Parties. Released Claims shall also include any Claim brought by a private party or by a governmental authority under any Governmental Regulation and is intended to apply with respect to any Claim arising after Closing. Notwithstanding the foregoing, the releases, waivers, and other provisions in this Section 11.4.2 shall not apply to any Claims arising out of the willful misconduct or fraud of Seller (“Seller Excluded Matters”). In connection with the general release set forth above, Buyer specifically waives the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ( a Buyer's Initials 11265,00002/30064 | 0v2 14 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 11.5 Survival. The provisions of this Section 11 shall survive the Close of Escrow and shall not be deemed merged into any instrument or conveyance delivered at the Close of Escrow. 12. RISK OF LOSS. 12.1 Condemnation. If, prior to any Closing, all or any portion of the Property is taken by condemnation or eminent domain (or is the subject of a pending or contemplated taking which has not been consummated), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the right to terminate this Agreement upon written notice to Seller given within ten (10) days after receipt of such notice from Seller. If Buyer waives the right to terminate this Agreement and elects to proceed with Closing, then (a) Seller, at, and as a condition precedent to Buyer’s obligation to proceed with Closing, must: (i) pay to Buyer (or direct Escrow Agent to credit Buyer against the Purchase Price for) the amount of all awards for the taking (and any consideration for any transfer in lieu of taking) actually received by Seller, less the amount of any reasonable actual out-of-pocket costs incurred by Seller with regard to any taking; and (ii) assign to Buyer by written instrument reasonably satisfactory to Buyer all rights or claims to any future awards for the taking (and any consideration for any transfer in lieu of taking); and (b) the parties shall proceed to Closing pursuant to the terms hereof without further modification of the terms of this Agreement. 12.2 Casualty. Prior to Closing and notwithstanding the pendency of this Agreement, the entire risk of loss or damage by earthquake, hurricane, tornado, flood, landslide, fire, sinkhole, or other casualty shall be borne and assumed by Seller. If, prior to Closing, any portion of the Property is damaged as a result of any earthquake, hurricane, tornado, flood, sinkhole, landslide, fire, or other casualty, Seller shall immediately notify Buyer of such fact. Buyer shall then have the option to terminate this Agreement upon written notice to Seller given within ten (10) days after receipt of any such notice from Seller. If Buyer waives the right to terminate this Agreement and elects to proceed with Closing, then the parties shall proceed to Closing pursuant to the terms hereof without further modification of the terms of this Agreement and Seller shall assign to Buyer all insurance proceeds received by Seller prior to Closing, and the right to all such proceeds after Closing, less any reasonable actual out-of-pocket costs incurred by Seller in connection with such casualty. 13. BUYER'S REMEDIES. In the event that Closing does not occur due to Seller's failure or refusal to convey the Property to Buyer in breach of Seller's obligations under this Agreement, and if such failure continues for five (5) days after Buyer provides Seller and Escrow Agent with written notice thereof, and provided Buyer is not then in default, then Buyer may, as Buyer's sole remedies for such failure, but without limiting Buyer's right to recover attorneys’ fees pursuant to Section 16 below, elect from the following remedies within thirty (30) days after the scheduled Closing Date: (a) waive the effect of such matter and proceed to consummate this transaction; (b) cancel this Agreement and receive a full refund of the Deposit; or (c) proceed with an action against Seller for specific performance. If Buyer does not make an affirmative election timely within such thirty (30) 11265.00002/3006410v2 15 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 day period, Buyer will be deemed to have elected option (a) above and to have irrevocably waived its right to pursue option (b) or (c). 14. SELLER’S REMEDIES. IF BUYER SHALL BREACH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR OTHERWISE FAIL TO PERFORM ANY OF BUYER’S OBLIGATIONS UNDER THIS AGREEMENT, THEN SELLER MAY WAIVE SUCH BREACH AND PROCEED TO CONSUMMATE THIS TRANSACTION IN ACCORDANCE WITH THE TERMS HEREOF, OR SELLER MAY CANCEL THIS AGREEMENT AND RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AS SELLER'S EXCLUSIVE REMEDY IF SELLER ELECTS TO CANCEL THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, (a) IF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT IS PROHIBITED, ENJOINED, OR OTHERWISE DELAYED BEYOND THE CLOSING DATE BY COURT ORDER, AND THE PARTIES DO NOT AGREE TO EXTEND THE CLOSING BEYOND THE CLOSING DATE IN THEIR RESPECTIVE SOLE DISCRETION, THE SELLER SHALL HAVE THE RIGHT, AS ITS SOLE REMEDY, TO TERMINATE THIS AGREEMENT AND IN SUCH EVENT SELLER SHALL RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES, AND (b) THIS SECTION 14 SHALL NOT LIMIT SELLER’S RIGHTS TO RECEIVE REIMBURSEMENT FOR ITS ATTORNEYS’ FEES IN AN ACTION TO ENFORCE THIS PROVISION OR AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NOR WAIVE OR AFFECT SELLER'S RIGHTS AND BUYER'S INDEMNITY OBLIGATIONS, OR SELLER’S RIGHTS UNDER OTHER SECTIONS OF THIS AGREEMENT WHICH SURVIVE TERMINATION OF THIS AGREEMENT (WHICH ARE NOT LIMITED BY THIS SECTION). 15. 1031 EXCHANGE. Upon the request of a party hereto (“Requesting Party”), the other party (“Cooperating Party”) shall cooperate with the Requesting Party in Closing the sale of the Property in accordance with this Agreement so as to qualify such transaction as an exchange of like-kind property; provided, however, the Cooperating Party shall not be required to take title to any exchange property and the Cooperating Party will not be required to agree to or assume any covenant, obligation or liability in connection therewith, Closing hereunder shall not be delayed as a result of, or conditioned upon, such exchange, the Requesting Party shall pay all costs associated with such exchange, and the Requesting Party shall remain primarily liable under this Agreement and indemnify the Cooperating Party from any liability in connection with such exchange. 16. ATTORNEY’S FEES. In the event that either party hereto brings an action or proceeding against the other party to enforce or interpret any of the covenants, conditions, agreements, or provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover all costs and expenses of such action or proceeding, including, without limitation, attorneys’ fees, charges, disbursements, and the fees and costs of expert witnesses. 17. WAIVER OF JURY TRIAL. The parties hereby waive their respective rights to trial by jury in any action or proceeding involving or arising out of this Agreement. 11265.00002/30064 1 0v2 16 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 18. MISCELLANEOUS. (a) Notices. Any notice required or permitted to be given under this Agreement shall be in writing and (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by Federal Express or similar nationally recognized overnight courier service, or (iv) transmitted by electronic mail. Such notice shall be deemed to have been given upon the date of actual receipt or delivery (or refusal to accept delivery), as evidenced by the notifying party's receipt of written or electronic confirmation of such delivery or refusal, if received by the party to be notified between the hours of 8:00 A.M. and 5:00 P.M. Pacific time on any Business Day, with delivery made after such hours to be deemed received the following Business Day. For purposes of notice, the addresses of the parties shall be as follows: If to Buyer: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attention: City Attorney Email: andrea.visveshwara@cityofsanrafael.org With a copy to: Burke, Williams & Sorensen, LP 1999 Harrison Street, Suite 1650 Oakland, CA 94612 Attention: Lisa N. Maxwell Email: Imaxwelli@bwslaw.com If to Seller: Ridgewood Properties Partnership LLC and Merrydale-Clayton LLC 454 Las Gallinas Avenue, Suite 355 San Rafael, CA 94903 Attention: David Jacobson Email: davidjacobson101@gmail.com With copies to: Michael R. Hooper Campus Properties, LLC 157 Madrone Ave, Larkspur, CA 94939 Email: mhooper@campusproperty.com 11265.00002/3006410v2 17 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 Steve Reilly Land Advisors Organization 156 Diablo Road, Suite 340 Danville, CA 94526 E-mail: SReilly@landadvisors.com Lubin Olson & Niewiadomski LLP The Transamerica Pyramid 600 Montgomery Street, 14th Floor San Francisco, California 94111 Attn: Robert Miller E-mail: rmiller@lubinolson.com or such other address as either party may from time to time specify in writing delivered to the other in accordance with this Section 18(a). (b) Brokers and Finders. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any licensed real estate broker or other person who can claim a right to a commission or finder's fee as a procuring cause of the sale contemplated herein, except for Cornish & Carey Commercial, dba Newmark (representing Buyer) whose commissions, if any are due, shall be the responsibility of Buyer pursuant to a separate agreement, and Park Place Partners, Inc., dba Land Advisors (representing Seller) whose commissions, if any are due, shall be the responsibility of Seller pursuant to a separate agreement. If any other broker or finder perfects a claim for a commission or finder's fee based upon any such contract, dealings or communication, the party through whom the broker or finder makes his claim shall be responsible for said commission or fee and all costs and expenses (including reasonable attorneys’ fees) incurred by the other party in defending against the same. The provisions of this Section 18(b) shall survive Closing. (c) Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and permitted assigns. Buyer shall not assign, transfer, or hypothecate its rights or delegate its obligations under this Agreement to any other individual or entity without first obtaining Seller's written consent thereto, not to be unreasonably withheld, provided that it shall not be unreasonable for Seller to withhold Seller’s consent if Buyer would not expressly remain obligated to Seller under this Agreement after such assignment. If Seller consents to an assignment by Buyer or if an assignment is permitted without consent under this Section 18(c), such assignment will not be effective against Seller until Buyer delivers to Seller a fully executed copy of the assignment instrument, which instrument must be reasonably satisfactory to Seller in both form and substance and pursuant to which the assignee (i) assumes and agrees to perform for the benefit of Seller the obligations of Buyer under this Agreement, (ii) acknowledges and agrees to be bound by all of the provisions, agreements, limitations and releases of this Agreement as if Assignee had originally signed this Agreement as Buyer, (iii) agrees to be bound by all investigations and elections made by Buyer under this Agreement as if they had been made by such assignee, and (iv) agrees to be 11265.00002/30064 1 0v2 18 Docusign Envelope 1D: AE7402DF-949D-4387-B794-A99015E085B7 deemed for all purposes to possess the same information and knowledge with respect to the Property as is possessed by Buyer. No such assignment shall relieve the assignor from primary liability for its obligations hereunder. (d) Amendments. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. (e) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (f) Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire agreement between the parties with respect to the purchase and sale of the Property and supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof (other than agreements affording Buyer access to the Property prior to the Effective Date). (g) Business Day. As used herein, the term “Business Day” shall mean a day that is not a Saturday, Sunday, or legal holiday in the state of California. In the event that the date for the performance of any covenant or obligation under this Agreement, or delivery of any notice, shall fall on a Saturday, Sunday, or legal holiday under the laws of the State of California, the date for performance thereof shall be extended to the next Business Day. (h) Time ofthe Essence. Time is of the essence of this Agreement. (i) Construction. This Agreement has been negotiated by the parties who have had the opportunity to consult their respective counsel. This Agreement shall not be construed more strictly against one party hereto than against any other party hereto merely by virtue of the fact that it may have been prepared by counsel for one of the parties. The term “including” or “includes” or any other similar term or phrase of inclusion shall be deemed to be followed in each instance by the words “but not limited to,” so as to designate an example or examples of the described class and not to designate all members of that class (it being the intention of the parties that each hereby waives the benefits of Section 3534 of the California Civil Code). The term “sole discretion” or “sole election” shall mean the right to make a decision or election solely in the interest of the party making such decision or election, as such party may choose to make that judgment, for any reason or for no reason, and without regard to the interests of the other party. Neither party shall have any liability or obligation to the other for the manner in which it exercises its sole discretion, nor for the results thereof. (1) Exhibits. All exhibits are attached hereto and incorporated herein by this reference. (k) Headings. Headings at the beginning of any paragraph or section of this Agreement are solely for the convenience of the parties and are not a part of this Agreement or to be used in the interpretation hereof. 11265,00002/3006410v2 19 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 (I) Waiver. No waiver by Buyer or Seller of a breach of any of the terms, covenants, or conditions of this Agreement by the other party shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. No waiver of any default by Buyer or Seller hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by Buyer or Seller to or of any act by the other party requiring the consent or approval of the first party shall not be deemed to waive or render unnecessary such party's consent or approval to or of any subsequent similar acts by the other party. (m) Severability. If any phrase, clause, sentence, paragraph, section, article, or other portion of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law. (n) Counterparts. This Agreement may be executed in any number of counterparts, including electronic counterparts. each of which shall be deemed an original, and all of which counterparts together shall constitute one agreement. [Signature page(s) follows(s)] 1 1265,00002/30064 1 0v2 20 Docusign Envelope ID: AE7402DF-949D-4387-B794-A9901 5E085B7 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. SELLER: Ridgewood Properties Partnership LLC, a California limited liability company DocuSigned by: lts: ”二和 ignatory And Merrydale-Clayton LLC, a California limited liability company DocuSigned by: Franune M. Clayton. By: — CZ TESCCDASTOS ZS. Its: Authorized Signatory BUYER: City of San Rafael, a municipal corporation of the State of California By: i, —ChristnéAtitovich, City Manager CRISTINE ALOov CH Approved as to form: By: Andrea Visveahwara Andrea Visveshwara, Chief Assistant City Attorney 11265.00002/3006410v2 S-/ Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 ESCROW AGENT: The undersigned Escrow Agent hereby accepts the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, agrees to act as Escrow Agent under this Agreement in strict accordance with its terms, and agrees to comply with the applicable provisions of the Internal Revenue Code with respect to the transactions contemplated hereby. FIRST AMERICAN TITLE INSURANCE COMPANY a Queda) (Y lts Sr. Escrow Officer 11265.00002/3006410v2 S-2 Sr. Escrow Officer Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 LIST OF EXHIBITS EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” SELLER ASSIGNMENT EXHIBIT “C” DUE DILIGENCE ITEMS 11265.00002/30064 10v2 Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 EXHIBIT “A” ESCRIPTION OF THE PROPERTY Real property in the City of San Rafael, County of Marin, State of California, described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 11265.00002/3006410v2 Exhibit A Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 EXHIBIT B SELLER ASSIGNMENT This Seller Assignment (“Assignment”) is made and entered into as ofthis day of , 2025 (“Assignment Date”), by and between Ridgewood Properties Partnership LLC, a California limited liability company, and Merrydale-Clayton LLC, a California limited liability company (“Assignor”), and the City of San Rafael, a municipal corporation of the State of California (“Assignee”), collectively referred to herein as the “Parties,” with reference to the following facts. RECITALS A. Assignor, as seller, and Assignee, as buyer, are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated , 2025 (“Purchase Agreement”), with respect to the purchase and sale of the Property (as defined in the Purchase Agreement). B. Assignee has agreed to purchase the Property from Assignor on the terms and conditions set forth in the Purchase Agreement. In consideration of said purchase by Assignee, Assignor has agreed to assign to Assignee on a non-exclusive basis, in common with Assignor, the intangible property and personal property, as hereinafter defined. C. Any capitalized terms not defined herein shall have the meaning set forth for them in the Purchase Agreement. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows: ln Assignor hereby assigns and transfers to Assignee all right, title and interest of Assignor in and to all of Assignor's right, title, and interest in and to that certain intangible property and personal property owned by Assignor or used by Assignor exclusively in connection with all or any portion of the Real Property, to the extent freely assignable (Intangible Property”). 2. Assignee acknowledges and agrees, by its acceptance hereof, that the assigned items are conveyed “as is, where is” and in their present condition with all faults, and that Assignor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the nature, quality or condition of the Intangible Property. 3. This Assignment shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California applicable to agreements made and to be performed wholly within the State of California. 11265.00002/3006410v2 Exhibit B Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 4. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11265.00002/3006410v2 Exhibit B Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 IN WITNESS WHEREOF, the Parties hereto have executed this Assignment as of the Assignment Date. ASSIGNOR: Ridgewood Properties Partnership LLC, a California limited liability company By: Its: And Merrydale-Clayton LLC, a California limited liability company By: Its: ASSIGNEE: City of San Rafael, a municipal corporation of the State of California —Ghristine-Atiowich, City Manager CRISTINE ALILovVICH 11265.00002/3006410v2 Exhibit B Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 Exhibit C Due Diligence Items Documents can be found by the following link: https://landadvisors.sharefile.com/share/view/sb9ab1 171009444 9cbdfae3dd2693a75f/fo0be5e9- d140-4967-9a24-7725789ad260 Main folders shown in bold underscore; sub-folders in underscore. A. Current Offering Materials MERRYDALE _ OM Final 5.24.24 reduced.pdf B. Approval Documents Affordable Housing (empty) City Council Ordinances 2020 02 03 Ordinance 1979.pdf Resolutions 2021_07_19 CC Resolution 14947 (Request for Modification of Affordable Housing Require.pdf 2020 02 03 Resolution No. 14762 CEQA Mits.pdf 2020 02 03 Resolution No. 14763 Findings and Conditions of Approval.pdf Staff Reports APPROVED-PC-Minutes-2022-06-28.pdf 2019 12 10 Highlighted 350 merrydale -staff report and Exhibits.pdf 2021 07 19 CC-SA-Agenda-Packet-2021-07-19r.pdf 2022 06 28 350-Merrydale-Staff-Report_Final.pdf MMRP (empty) Project Plans Architectural Plans 2020_02 03 Approved Architectural Plans 09-19-19.pdf Landscape Plans 2020 02 03 Approved Landscape Plans 2019.11.22.pdf Tentative Map 2020 02 03 Stamped Approved TM.pdf Public Notices (empty) 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 C. Demo Plans 350 Merrydale Road Demolition Plans_2023-01-30.pdf D. Final Map 1. 350 Merrydale Road Final Map_2023.11.13.pdf E. Environmental Possible UST Locations.pdf 3R's UST Record.pdf 350 Merrydale Phase 1.pdf 2018 06 20 350 Merrydale Road UST search.pdf 2024 09 06 350 Merrydale Road SMP.pdf 7613.FINAL.350MerrydaleRoad.SanRafael.PreDemo.HazMat.Report.pdf Engeo 2018-11-05 Subsurface Exploration_3Rs School Site.pdf Engeo Potential Tank Report 8-10-22 350 Merrydale Road .pdf F. CEQA 2019 11 06 350-Merrydale-Notice-of-Completion.pdf 2019 11 07 350-Merrydale-Initial-Study.pdf 2020 02 20 350 Merrydale NOD.pdf G. Title 2022 04 22 ALTA SIGNED.pdf Preliminary Title Report (empty) H. Improvement Plans Joint Trench 350 Merrydale Rd JT 07-20-23-SHT1-3.pdf 16993HAL-R8.pdf RDG Merrydale Landscape CDs REV_11.15.2023_LightingLayout..pdf Offsite Improvements 3. 350 Merrydal Road_Off-site Improvements Bond Estimate_2023-11-02.pdf Onsite Improvements 4. 350 Merrydal Road_On-site Erosion Control Bond Estimate_2023-11-02.pdf 1. 350 Merrydale Road_3rd Submittal Improvement Plans_2023-11-02.pdf 2. 350 Merrydale Road Hydrology & Hydraulics Report_2023-11-02.pdf Rough Grading 350 Merrydale Road_APPROVED Grading Plans_2023-05-12.pdf I. Property Taxes (empty) 11265.00002/30064 1 0v2 Exhibit C Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 J. Fees 2023 _07_21 350 Merrydale - Fee Analysis (2023-0721).xlsx K. Offsite Outfall Inspection Record .pdf 2021 07 1$ Approved Outfall Reviewed - Plans.pdf 2021 08 20 FINAL permit sign off OUTFALL.pdf Building Permit.pdf BUILDINGPERMITPOSTINGONLINERED. pdf Resource Agencies 2021 05-09 RWQCB 870165 MarinCo NOA_350MerrydaleRdProject.pdf 2020 _10 02 Monk Complete.Notice of Applicability Application Package.350 Merrydale.110220 2.pdf 2020_10_30 ACE SPN-2020-00021_ Preliminary JD letter_signed.pdf 2021_02_08 EPIMS-MAN-14425-R3_OPLAW.pdf L. Landscape Plans RDG_350Merrydale Landscape CDs_11.06.2023.pdf M. Utility Providers Las Gallinas Valley Sanitary District (LGVSD) 2023_10_05 LGVSD 350 Merrydale Rd Will Serve Letter for signature.pdf Marin Municipal Water 2022 02 09 MMWD PEA package 350 Merrydale Rd - SR.pdf 2019 11 19RDG 350MerrydaleRd Landscape.pdf 2021 09 07 RDG_350Merrydale MMWD Landscape CDs.pdf 2021_09 09 MMWD-Landscape Plan Review Packet_Filled 9.9.2021.pdf 2021 09 10 RDG_350Merrydale MMWD Landscape CDs.pdf 2021_10 08 MMWD Cost estimate - 350 Merrydale Rd - SR.pdf 2021 11 09 MMWD Landscape Compliance letter.pdf N. Technical Reports Biologic 2018 03 28 350 Merrydale Biological Constraints Report Final.pdf 2028 _03 28 350 Merrydale Biological Constraints Report Final. pdf (duplicate of above) Geotechnical 2022 08 10 Engeo Potential Tank Report 350 Merrydale Road .pdf 2018 08 18 Engeo Geotech Prelim Site Assessment.pdf 2018_11_05 Engeo Subsurface Exploration_3Rs School Site.pdf Hydrology 2019 04 19 Hydrology Analysis Memorandum.pdf 11265,00002/300641 0v2 Exhibit C Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 Natural Hazards 2021_11_09 NHD 4 LandReport_2956607.pdf Noise 2018_11_01 Noise Report.pdf Traffic 2019 06 18 350 Merrydale TIS.pdf Tree Survey Trees in SW corner.png Tree Inventory 350 Merrydale 6 7 19 rev 11_5_19.xlsx Tree Removal plan 4 19.pdf Tree update 3. 5 21.pdf O. Construction Drawings APPROVED - Plan Set.pdf (2).pdf APPROVED - Structural Calcualtions (Mai (1).pdf P. New Due Diligence Items ADU JADU Raffi Bolyan ADUs email 3_10_20.pdf DEMO 350 Merrydale Road_Demolition Plans _2024-07-31.pdf Historic Permit Plans 1990 Permit Plans Al - A4 350 Merrydale 1.pdf 2010 Permit Plans Sheets Al and A2 350 Merrydale 2.pdf 2010_03_09 350 MD As-Built.pdf 2012 04 02 M.rin Ventures Building Permit Sheets Al .pdf LGVSD ， 2019 08 22 BKF350 Merrydale Road Conceptual Sewer Design Options.pdf 2020 01 13 Existing Plumbibng Fixture Count.pdf 2020 09 11 Hazen Report .pdf 2020_09 25 FINAL LGVSD Prelim Approval.pdf 2023_10_05 LGVSD 350 Merrydale Rd Will Serve Letter_for signature.pdf 2024 09 26 LGVSD signed 350 Merrydale Rd Will Serve Letter - Revised 09-19- 2024 for signature.pdf Merrydale-Plumbing-Fixture-Count.xlsx Preliminary Sewer Calculations _2021-01-29.pdf 10/2/2025 LGVSD Board Meeting Agenda and attachments 11265.00002/30064 1 0v2 Exhibit C Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 11/5/2025 Letter from LGVSD regarding Notice of Nonpayment and Demand for Payment of Outstanding Connection Fees or Will-Serve Letter, dated September 26, 2024 MMWD 2019 01 08 MMWD Water Availability ltr 3833 Redwood Hwy.pdf 2021_05_19 MMWD Pipeline Ext Agmt App 5_19 21.pdf 2021 11 09 MMWD Landscape Compliance letter.pdf 2022 02 01Updated PEA - 350 Merrydale Rd - SR Merrydale Townhomes 2022-08- 24 .pdf 2024 06 00 Approved Updated PEA - 350 Merrydale Rd - SR Merrydale Townhomes 2024-06-11.pdf Pipeline Extension Procedures 03-06-19 HIGHLIGHTED. pdf PG&E 350 Merrydale. Application for Service.pdf FYI; PG&E Confirmation of Application for Project Number_ P000120294 rtf PROPERTY TAXES Merrydale Prop Taxes 2025 -26 10_25.pdf Resolutions 2021 07_19 CC Resolution 14947 Modification of Affordable Housing Requirement.pdf 2022 06 28 PC Resolution No 22-12 Time Extension.pdf 2024 08 27 PC Signed Resolution 24-04 .pdf RESOURCE AGENCIES 2020_10 02 Monk Complete Notice of Applicability Application Package.350 Merrydale.110220 2.pdf 2020_10_ 30 ACE SPN-2020-00021 Preliminary JD letter_signed.pdf 2021_02 08 EPIMS-MAN-14425-R3_OPLAW pdf 2021 05-19 RWQCB 870165 MarinCo NOA 350MerrydaleRdProject.pdf ROUGH GRADING PLANS 2024 09 17 Engeo Surcharge letter.pdf 2024 11 14 Approved G2304-001_Update.pdf 2024 11 14 Grading Reviewed - Revised Plans Approved.pdf Staff Reports 2024 08 27 PC Staff-Report Exhibits 08-27-2024-compressed.pdf SUBDIVISION IMPROVEMENT AGREEMENT 2023 11 00 Subdivision Improvement Agreement San Rafael.doc SURVEY 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: AE7402DF-949D-4387-B794-A99015E085B7 2025 01 30 XB 007 _ SOUTH PROPERTY LINE EXISTING UTILIIIES_2025-01- 30.pdf SWPPP 2023 02 24 3196-000 SWPPP -45 units pdf pdf TECHNICAL REPORTS 350 Merrydale Value Engineering 20221223.pdf Title 2025 05 01 350 Merrydale Preliminary Report - CA.PDF TREES 2023-02-06 Gurka Arborist report 2_6_23.docx Tree Inventory 350 Merrydale 6 7 19 rev 11_5_19.xlsx Trees in SW corner.png INSURANCE Insurance loss run report for the Property for the last 5 years 11265,00002/3006410v2 Exhibit C 4905-1168-9087 v3 2. Grant Deed RECORDING REQUESTED BY: First American Title Company MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: NNT 202 Recorded Official Recor County of Marin SHELLY SCOTT Assessor-Recor County Clerk City of San Rafael 11:58AM 26-Nov- 1400 Fifth Avenue San Rafael, CA 94901 Space Above This Line fo No Recording Fee- Per Government Code 27383 No Fee Per Government Code 6103 Documentary Transfer Tax Exempt- R&T Code 11922 Conveyance to Government Agency A.P.N.: 179-041-27 and 179-041-28 GRANT DEED UNA AC A 5-0030684 | REC FEE ds | JM Page 1 of 8 | | | der | | | 2025 | r Recorder's Use Only .00 File No.: 0131-628012ala (tb) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX N/A R&T Code 11922 Conveyance to Government Agency $; CITY TRANSFER TAX $Documentary Transfer Tax Exempt- R&T Code 11922 Conveyance to Government Agency; SURVEY MONUMENT FEE $ i ] computed on the consideration or full value of property conveyed, OR E ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ unincorporated area; [X] City of San Rafael, and EXEMPT FROM BUILDING HOMES AND JOBS ACTS FEE PER GOVERNMENT CODE 27388. 1(ay{2) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ridgewood Properties Partnership, LLC, a California limited liability company and Merrydale-Clayton LLC, a California limited liability company hereby GRANTS to City of San Rafael, a municipal corporation of the State of California the following described property in the City of San Rafael, County of Marin, State of California: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. {SIGNATURES ON FOLLOWING PAGE} SIGNED IN COUNTERPART Mail Tax Statements To: SAME AS ABOVE A.P.N.: 179-041-27 and 179-041-28 Dated: {/ L : 2 y/2s Ridgewood Properties Partnership, LLC, a California limited liability company By: (O/ 人全 David N. C. tacobson, Authorized Signatory Merrydale-Clayton LLC, a California limited liability company By: Francine M. Clayton, Trustee of the Francine M. Clayton 1996 Trust dated July 25, 1996 and Amended and Restated May 5, 2006, its Manager By: SIGNED IN COUNTERPART Francine M. Clayton, Trustee Grant Deed - continued Page 2 Date: 11/21/2025 File No.: 0131-628012ala (tb) A.P.N.: 179-041-27 and 179-041-28 Dated: _ [] Jas los” Ridgewood Properties Partnership, LLC, a California limited liability company SIGNED IN COUNTERPART By: David N. C. Jacobson, Authorized Signatory Merrydale-Clayton LLC, a California limited liability company By: Francine M, Ciayton, Trustee of the Francine M. Clayton 1996 Trust dated July 25, 1996 and Amended and Restated May 5, 2006, its Manager AN i y p By -一 M ll f f Francine M. Clayton, Trustee Grant Deed - continued Page 2 Date: 11/21/2025 File No.: 0131-62801 2ala (tb) Grant Deed - continued Date: 11/21/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CAL i foonit )SS COUNTY OF Mat ) On ff | 24 | qh A ， before me, sna WD (iy, Notary Public, personaily appeared lava f-C- Facoh pir who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the faws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. This area for official notarial seal. he. WE ll A | ie pp A 2 上 ¿3% FIONA reno E Notary Public - Callfornia ee Marin County EY Commission # 2450239 My Comm. Exaires Jur 30, 2037 Y Notary Signature o Page 4 ILLEGIBLE NOTARY SEAL & HANDWRITTEN ACKNOWLEDGEMENT DECLARATION (CODE 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of Notary: FIONA MCGOWAN KIELY Date Commission Expires: JUN 30, 2027 Commission Number: 2450239 Vendor 1.D. Number: NNAI State of Execution: CALIFORNIA County of Execution: MARIN COUNTY I CERTIFY UNDER PENALTY OF PERJURY THAT THE HANDWRITTEN INFORMATION IN THE NOTARY ACKNOWLEDGMENT ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: State: County: Date: Notary Name: Name of Person(s) Notarized: CALIFORNIA MARIN COUNTY NOVEMBER 24", 2025 FIONA MCGOWAN KIELY DAVID N.C, JACOBSON Place of Execution of this Declaration: Pleasanton, CA Date: NOVEMBER 25%, 2025 Signature: a oo Agent for: First American Títle Company Grant Deed - continued Date: 11/21/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document te which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATEOF California )ss COUNTY OF Sonoma ) on November 24, 2025 before me, Lynn Dalton, Notary Public Notary Public, personally appeared Francine M. Clayton who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS myjhand and official seal. This area for official notarial seal. < 4la TW Notary Signature Sy] NOTARY PUBLIC - CALIFORNIA a 1 SONOMA COUNTY = My Comm. Expires Oct. 5, 2027 Page 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in the real property conveyed by the attached GRANT DEED, dated November dí , 2025, from Ridgewood Properties Partnership LLC, a California limited liability company, as to an undivided Y interest, and Merrydale-Clayton LLC, a California limited liability company, as to an undivided Y interest, as grantors, to the CITY OF SAN RAFAEL, a municipal corporation, as grantee, is hereby accepted by the undersigned agent on behalf of the City of San Rafael pursuant to the authority conferred by Resolution No. 15480 adopted on November 17, 2025, and grantee hereby consents to the recordation of the Grant Deed by its duly authorized officer. By: a UA Cristine Alilovich, City Manager Date: November AG, aoao 491 1-7457-5995 v2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF MARIN ) On 0 Vember 7. $, AUS, before me Ce Katt fees Nitty’ , Notary Public, personally appeared Cristine Alilovich, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i ERA BRENNA KATHLEEN NURMI WITNESS my hand and official seal. PR ANU MATHLEEN NUR 、 DA Marin County E Signature: É£. Nernst (seal) Ta. Commission $ 2461015 My Comm. Exptres Aug 26, 2027 4911-7457-5995 v2 4905-1168-9087 v3 3. Seller Assignment SELLER ASSIGNMENT This Seller Assignment (“Assignment”) is made and entered into as of this lo day of November, 2025 (“Assignment Date”), by and between Ridgewood Properties Parinership LLC, a California limited liability company, and Merrydale-Clayton LLC, a California limited liability company (“Assignor”), and the City of San Rafael, a municipal corporation of the State of California (“Assignee”), collectively referred to herein as the “Parties,” with reference to the following facts. RECITALS A. Assignor, as seller, and Assignee, as buyer, are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated November _, 2025 (“Purchase Agreement”), with respect to the purchase and sale of the Property (as defined in the Purchase Agreement). E. Assignee has agreed to purchase the Property from Assignor on the terms and conditions set forth in the Purchase Agreement. In consideration of said purchase by Assignee, Assignor has agreed to assign to Assignee on a non-exclusive basis, in common with Assignor, the intangible property and personal property, as hereinafter defined. C. Any capitalized terms not defined herein shall have the meaning set forth for them in the Purchase Agreement. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows: 1. Assignor hereby assigns and transfers to Assignee all right, title and interest of Assignor in and to all of Assignor's right, title, and interest in and to that certain intangible property and personal property owned by Assignor or used by Assignor exclusively in connection with all or any portion of the Real Property, to the extent freely assignable (“Intangible Property”). 2. Assignee acknowledges and agrees, by its acceptance hereof, that the assigned items are conveyed “as is, where is” and in their present condition with all faults, and that Assignor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the nature, quality or condition of the Intangible Property. 3. This Assignment shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California applicable to agreements made and to be performed wholly within the State of California. SIGNED IN COUNTERPART 11265.00002/3007338v3 -1- 4, This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shail constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Assignment as of the Assignment Date. ASSIGNOR: Ridgewood Properties Partnership LLC, a California limited liability company By: (O/ (> lis: AR tlioeieed Sept Tov uy J And Merrydale-Clayton LLC, a California limited liability company By: SIGNED IN COUNTERPART Its: ASSIGNEE: City of San Rafael, a municipal corporation of the State of California ay SIGNED IN COUNTERPART ‘Christine Alilovich, City Manager 11265.00002/3007338v3 -2- 4. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, IN WITNESS WHEREOF, the Parties hereto have executed this Assignment as of the Assignment Date. ASSIGNOR: Ridgewood Properties Partnership LLC, a California limited liability company By: SIGNED IN COUNTERPART its: And Merrydale-Clayton LLC, a California limited liability company By-S Mh Ely tod lts: Cis nm eo ASSIGNEE: City of San Rafael, a municipal corporation of the State of California By. SIGNED IN COUNTERPART Christine Alilovich, City Manager 11265.00002/3007338v3 -2- 4. This Assignment may be executed in two (2) or more counterparts, each of which ' shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Assignment as of the Assignment Date. 4918-8116-2875 v3 ASSIGNOR: Ridgewood Properties Partnership LLC, a California limited liability company By: SIGNED IN COUNTERPART lts: | And Merrydale-Clayton LLC, a California limited liability company By: SIGNED IN COUNTERPART lts: ASSIGNEE: City of San Rafael, a municipal corporation of the State of California y (Mare) ‘Cristine Añlovich, City Manager 4905-1168-9087 v3 Related Agreement 4905-1168-9087 v3 4. Regulatory Agreement and Declaration of Restrictive Covenants ET RECORDING REQUESTED BY 2025-0030685 Recorded | REC FEE FIRST AMERICAN ane Official Records | O131-GAFOÍA ala County of | FREE RECORDING REQUESTED PURSUANT Marin | GOVERNMENTCODE SECTION 27383 catan ssessor-Recorder | AND WHEN RECORDED MAIL TO: County Clerk | | JM Marin County 11:58AM 26-Nov-2025 | Page 1 of 15 County of Marin Community Development Agency 3501 Civic Center Drive, Suite 308 San Rafael, California 94903 Attn: Director AND County Executive REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS County of Marin Funding Support 350 Merrydale Road, San Rafael, California This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement is made and entered into as of November 24, 2025, by and between the County of Marin, (the "County"), and the City of San Rafael, (the "City"). RECITALS A. On April 18, 2024, the California Interagency Council on Homelessness awarded the County and City a $5,999,241.68 Encampment Resolution Fund Round 3 (“ERF-3”) grant to address the Mahon Encampment and provide services and support to its sixty-five (65) participants over a three-year period. Specifically, the ERF-3 grant funds outreach services, housing-based case management services, interim shelter, and delivery of permanent housing for Mahon Encampment residents. The ERF-3 grant terminates on June 30, 2027. B. On November 19, 2024, the County and the City entered into a Collaborative Agreement (“Collaborative Agreement”) wherein these State ERF-3 grant funds were accepted and appropriated for use, as well as an additional $500,000 in funding from State Senator Mike McGuire (“McGuire Funds”) and $500,000 in matching County General Funds (“County Match Funds”), totaling an additional $1,000,000 in funding for services for the Mahon Encampment. C. City has identified 350 Merrydale Road in San Rafael, California, as more particularly described in Exhibit A (the "Property"), as a suitable location for permanent affordable housing. While predevelopment analysis and planning is underway for the Project (defined below), the Property offers an opportunity for use as needed interim homeless shelter for homeless individuals until the during the planning process for the Project. The Property is located near transportation and transit corridors which connect to jobs, amenities and other services. D. By separate agreement (the “Grant”), City wishes to be awarded from the County, and the County wishes to extend to City, a grant of up to Eight Million Dollars ($8,000,000.00) 4925-4703-1413 v2 1 .00 to assist with financing the purchase and acquisition of the Property and initial site set up of the Interim Shelter. Said Grant is based upon the County providing funds from its Housing Trust for affordable housing, typically at a level of no more than $100,000 per unit. If the City chooses to exercise its discretion to entitle a modified Project or to not entitle the Project, City is liable to pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable housing by June 30, 2028, up to a total of $8,000,000.00. E. City’s purchase of the Property and the County’s financial support implement the strategies to address encampments as outlined in the Collaboration Agreement, including but not limited to, the strategies for Housing and Support and Prevention by providing for a homeless shelter that will qualify as a Low Barrier Navigation Center (defined below) for up to sixty-five (65) temporary interim shelter structures to serve the residents of the Mahon Encampment and approximately five (5) other individuals currently experiencing homelessness in the City for the remainder of the ERF-3 grant period (through June 30, 2027 or as may be extended per the Grant Agreement) while the City goes through the process of developing permanent affordable housing at the Property. F. The Parties recognize that the process of developing the Project (defined below) will require the City to take additional discretionary actions, such as issuing a Request for Proposals to select an affordable housing developer and negotiating and entering into a lease disposition and development agreement with the selected developer. G. The County and the City have entered into a Grant Agreement pursuant to which the County will provide a Grant (the "Grant") to the City to develop the Property for the Project. Capitalized terms used but not defined in this Agreement shall have the meanings set forth in the Grant Agreement. The County has agreed to make the Grant to the City on the condition that the Property be developed, maintained and operated in accordance with restrictions concerning affordability, operation, and maintenance of the Property, as specified in this Agreement and the Grant Agreement. H. In consideration of receipt of the Grant, the City has further agreed to observe all the terms and conditions set forth below. L In order to ensure that the entire Property will be used and operated in accordance with these conditions and restrictions, the County and the City wish to enter into this Agreement, THEREFORE, the County and the City hereby agree as follows. ARTICLE 1 DEFINITIONS 1.1 Definitions When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1. 4925-4703-1413 v2 2 (a) "Actual Household Size" shall mean the actual number of persons in the applicable household. (b) "Adjusted Income" shall mean the total anticipated annual income of all persons in a household as calculated in accordance with 24 Code of Federal Regulation (“CFR”) $ 813, (c) "Agreement" shall mean this Regulatory Agreement and Declaration of Restrictive Covenants. (d) "City" shall mean the City of San Rafael and its successors and assigns to the Project. (e) "County" shall mean the County of Marin, a political subdivision of the State of California. (f) "Covered Unit" shall mean units restricted pursuant to Section 2.1 below. (g) "Grant" shall mean all funds Granted to the City by the County pursuant to the Grant Agreement. (h) "Grant Agreement" shall mean the Grant Agreement entered into by and between the County and the City, dated of even date herewith. (1) “Interim Shelter” shall mean the up to sixty five (65) structures of temporary homeless shelter for homeless individuals at the Property, which shall consist of pallet cabins, , trailers, or similar product. Interim Shelter includes a Low Barrier Navigation Center. G) “Low Barrier Navigation Center” or “LBNC” shall mean a low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing as authorized by Government Code Sections 65660, 65664, and 65666. (k) “Median Income" shall mean the median gross yearly income, adjusted for Actual Household Size or Assumed Household Size as specified herein, in the County of Marin, California, as published annually by the United States Department of Housing and Urban Development ("HUD") and the State of California. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shal! provide the City with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HUD and the State. (1) "Project" shall mean the eighty (80) units of affordable housing developed long-term, and attendant site improvements thereon. 4925-4703-1413 v2 3 (m) "Property" shall mean the real property described in Exhibit A attached hereto and incorporated herein. (n) "Rent" shall mean the total of monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities, including parking; any separately charged fees or service charges assessed by the City which are required of all Tenants, other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, internet or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the City, and paid by the Tenant. E ¿ (o) "Tenant" shall mean a household occupying a Unit. (p) "Term" shall mean the term of this Agreement, which shall have the meaning as set forth in Article 6.4.. (q) "Unit" shall mean one of the Project’s affordable housing units on the Property. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. Affordability Restriction. Subject to the provisions of Section 2.3 below, eighty (80) Units in the Project shall be rented to and occupied by or, if vacant, available for occupancy by Tenants whose incomes do not exceed eighty percent (80%) of Median Income, though City will make good faith effort to keep affordability levels as low as possible, dependent on funding and other factors developed in the project's proforma. 2.2 Allowable Rent Rent. Subject to the provisions above, the Rent (including utility allowance) charged to Tenants of the Covered Units shall not exceed one-twelfth (1/12) of thirty percent (30%) of eighty percent of the specified income: (80%) of Area Median Income for the Units, as appropriate based on the applicable income level set forth in Section 2.1 of this Agreement, and adjusted for Assumed Household Size or the applicable fair market rent if rented to a household with a Housing Choice Voucher. City is precluded from increasing tenants’ rent in excess of five percent (5%) during a 12-month period. 4925-4703-1413 v2 4 ARTICLE 3 INCOME CERTIFICATION AND REPORTING 3.1 Income Certification. The City will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Covered Units. The City shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking two or more of the following steps as a part of the verification process: (a) obtain a pay stub for the most recent pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency or similar search; (d) obtain an income verification form from the applicant's current employer; (e) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (f) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of Tenant income certifications shall be available to the County upon request. 3.2 Annual Report to County. The City shall submit to the County (a) not later than the sixtieth (60) day after the close of each calendar year, a statistical report, including income and rent data for all units and racial and ethnicity data of all households, setting forth the information called for therein, or such other data as may be reasonably requested by the County, and (b) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the County in order to comply with reporting requirements of the United States Department of Housing and Urban Development or the State of California. 3.3 Additional Information. The City shall provide any additional information reasonably requested by the County. The County shall have the right to examine and make copies of all books, records or other documents of the City which pertain to the Project. 3.4 Records. The City shall maintain complete, accurate and current records pertaining to the Project, and shail permit any duly authorized representative of the County to inspect records, including records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the City and shall be maintained in a reasonable condition for proper audit and subject to examination during business hours by representatives of the County. The City shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. 4925-4703-1413 v2 5 ARTICLE 4 OPERATION OF THE PROJECT 4.1 Residential Use. During the Term of this Agreement, the Property shall be operated only for use as permanent affordable housing. The Parties acknowledge that prior to the Term of this Agreement, commencing no sooner than January 1, 2026 and operating no longer than through June 30, 2029, the City may use the Property as a temporary homeless shelter for homeless individuals, which includes but is not limited to a Low Barrier Navigation Center, as set forth in the Grant Agreement. 4.2 Compliance with Grant Agreement. So long as the Property is used for the Interim Shelter, the City shall comply with all the terms and provisions of the Grant Agreement. 4.3 Taxes and Assessments. City shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any line or charge from attaching to the Property; provided, however, that City shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event City exercises its right to contest any tax, assessment, or charge against it, City, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. 4.4Compliance with State and Federal Laws, Rules, Guidelines, and Regulation. City agrees to comply with all state and federal laws, rules, guidelines, and regulations that are applicable to the Project, including those that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and tenant protections. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities, The City is responsible for all management functions with respect to the Property, including without limitation conducting affirmative marketing, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County shall have no responsibility over management of the Property. 5.2 Management Agent; Periodic Reports. 4925-4703-1413 v2 6 The Property shall at all times be managed by an experienced management agent reasonably acceptable to the County, with demonstrated ability to operate residential facilities like the Property in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent”). The City shall submit for the County's approval the identity of any proposed Management Agent or staff person. The City shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for the County to determine whether the proposed Management Agent meets the standard for a qualified Management Agent set forth above. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, the County shall approve the proposed Management Agent by notifying the City in writing. Unless the proposed Management Agent is disapproved by the County within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Approval of Management Policies, The City shall submit its written management policies with respect to the Project to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement. 5,4 Property Maintenance. The City agrees, for the entire Term of this Agreement, to maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, County, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. ARTICLE 6 MISCELLANEOUS 6.1 Lease Provisions. The form of Tenant lease utilized by City shall be submitted to the County for review and approval and shall comply with all requirements of this Agreement, and shall, among other matters: provide for termination of the lease and consent by the Tenant to immediate eviction for: (1) failure to provide any information required under this Agreement or reasonably requested by the City to establish or recertify the Tenant for occupancy in the Project in accordance with the standards set forth in this Agreement, or (2) any material misrepresentation made by such Tenant with respect to the income computation or certification. 4925-4703-1413 v2 7 6.2 Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, age, ancestry, disability, or income source, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall the City or any person claiming under or through the City, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the construction, operation and management of any Unit. City shall market units in accordance with the HUD-approved affirmative fair housing marketing plan and all Federal, State, or local fair housing and equal opportunity requirements. 6.3 Housing Choice Voucher (Section 8) Holders. The City will accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under the Housing Choice Voucher Program (Section 8) of the United States Housing Act, or its successor. The City shall not apply selection criteria to voucher holders that are more burdensome than criteria applied to all other prospective Tenants, nor shall the City apply or permit the application of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective Tenants. 6.4 Term. The Parties agree that this Agreement shall be recorded in the official records of the County of Marin following execution. Recordation shall constitute notice to all subsequent transferees and encumbrancers of the covenants and restrictions set forth herein. The provisions of this Agreement shali apply to the Property for the entire Term. The Term of this Agreement shall commence on the date that the Interim Shelter ceases to operate, or June 30, 2028, whichever date is earlier, and shall continue in perpetuity unless terminated by the City as set forth herein. The City may terminate this Agreement with or without cause by repaying the amount of the Grant to the County, which is a total of $8,000,000 by September 30, 2028. Upon such termination, the County shall execute and cause to be recorded in the official records of the County a release or other appropriate instrument evidencing the termination of this Agreement and the release of all covenants and restrictions contained herein from title to the Property. Upon recordation of such release, this Agreement shall be deemed null, void, and of no further force or effect, and neither Party shall have any continuing rights or obligations hereunder. During the Term, this Agreement shall bind any successor, heir or assign of the City, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County makes the Grant on the condition, and in consideration of, this provision, and would not do so otherwise. 4925-4703-1413 v2 8 6.5 Compliance with Grant Agreement. City's actions with respect to the Property shall at all times be in full conformity with all requirements of the Grant Agreement to the extent that it is applicable. 6.6 Covenants to Run With the Land. The County and the City hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this Agreement. 6.7 Assignment and Assumption. The City shall not assign or transfer any of its rights or obligations under this Agreement, in whole or in part, without the prior written consent of the County, which consent shall not be unreasonably withheld. Any proposed assignee must demonstrate to the reasonable satisfaction of the County that it has (1) the qualifications and financial capacity necessary to operate the Property and Project in compliance with this Agreement, and (ii) the willingness to assume all obligations of the City hereunder. Upon County approval, the City shall cause the assignee to execute an assumption agreement, in a form approved by County, pursuant to which the assignee agrees to be bound by all the terms, covenants, and conditions of this Agreement. 6.8 Enforcement by the County. If the City fails to perform any obligation under this Agreement, and fails to cure the default within one hundred eighty (180) days after the County has notified the City in writing of the default or, if the default cannot be cured within one hundred eighty (180) days, failed to commence to cure within one hundred eighty (180) days and thereafter diligently pursue such cure and complete such cure within three hundred sixty five (365) days, and shall notice the County of its efforts, and these efforts must be to the satisfaction of the County, the County shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law: (a) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel the City's performance of its obligations under this Agreement, and/or for damages. 4925-4703-1413 v2 9 (b) Specific Performance. The County and City shall have the right to bring an action or proceeding at law or in equity to require the other Party to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Agreement. (c) Repayment of Grant. Upon an event of default by the City, the County shall have the right to require repayment of the Grant in full. (d) Reimbursement for modified Project or no Project. In the event the City entitles fewer than eighty (80) Units as part of the Project at the Property by June 30, 2028, the City shall pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable housing. City’s payment of these funds shall be due to County by September 30, 2028. The parties shall work in good faith to execute an amendment to this Agreement, pursuant to section 6.12, to update the number of Covered Units. (e) Other Remedies. The County and City shall have the right to exercise any and all rights and remedies afforded by this Agreement, law, equity, or otherwise, including obtaining the appointment of a receiver. 6.9 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.10 Recording and Filing. The County and the City shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Marin. 6.11 Governing Law. This Agreement shall be governed by the laws of the State of California. 6.12 Waiver of Requirements. Certain requirements of this Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this Agreement shall, or shall be deemed to, extend to or affect any other provision of this Agreement. 4925-4703-1413 v2 10 6.13. Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Marin. 6.14 Notices, Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: City: City of San Rafael Attn: City Manager 1400 5" Avenue San Rafael, CA 94901 With a copy to: City Attorney’s Office Attn: Chief Assistant City Attorney 1400 5 Avenue, Suite 202 San Rafael, CA 94901 Copies of notices sent to City shall also be sent to the limited partner of the City if the limited partner has requested such notice and provided the County with its address. County: County of Marin Community Development Agency 3501 Civic Center Drive, Suite 308 San Rafael, California 94903 Attn: Director AND County Executive Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.15 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby. 6.16 Multiple Originals: Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [THE SIGNATURE PAGE FOLLOWS] 4925-4703-1413 v2 11 IN WITNESS WHEREOF, the County and the City have executed this Agreement by duly authorized representatives, all on the date first written above. 4925-4703-1413 v2 CITY: City of San Rafael PROJECT SPONSOR, By: [0 A> wy Name: Crittine Ati vicd, Its: City Manager COUNTY: County of Marin, a political subdivision of the State of California py fo “== Name: Wake SrantercA ake. Kate Kristin Stanford lts: Te a Counse | Approved as to Form: sn (LL Name: Dee Soh SQL x Canlrg €xaco Wt, 12 E CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of __ MAIN On Novemaer 2Y, 2025 before me, (9Zmweoy PALENCIA AJorany Puestas Date Here Insert Name and Title of the Officer personally appeared DEHER IHHNSO N, KATE KRISTIN. STANFOKO Name(s) of Signer(s) x who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the sino e fornia laws of the State of California that the foregoing Notary rin County Z paragraph is true and correct. Commission # 2484828 My Comm. Expires Mar 19, 2028 WITNESS my hand and official seal. Signature ‘ Place Notary Seal and/or Stamp Above fónature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:égucsrmony AemecmenT Y DECLARATION OF HESTALIIVE COVENANTS. Document Date:__Mev. 20985 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer — Titte(s): O Corporate Officer — Title(s): O Partner — O Limited O General O Partner — O Limited O General E Individual O Attorney in Fact O Individual 口 Attorney in Fact o Trustee O Guardian or Conservator © Trustee Q Guardian or Conservator g Other: O Other: Signer is Representing: Signer is Representing: ©2019 Nationai Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . County of Marin ) On Noves pera APS before me, Brenna Kathleen Nurmi, Notary Public (insert name and title of the officer) personally appeared Crittine 4 RL Y Lied, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. — WITNESS my hand and official seal. BRENNA KATHLEEN NURMI Notary Public - California Z Marin County =} Commission # 2461015 My Comm. Expires Aug 26, 2027 Signature L2 Nir (Seal) EXHIBIT A Legal Description of Property Real property in the City of San Rafael, County of Marin, State of California, described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF E SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 4925-4703-1413 v2 A-1 4905-1168-9087 v3 5. Capital & Operating Grant Agreement CAPITAL & OPERATING GRANT AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL Regarding 350 Merrydale Road San Rafael, CA This Grant Agreement (the "Agreement") is entered into as of November 24” 2025 , by and between the County of Marin, a political subdivision of the State of California (the "County"), and the City of San Rafael, a charter city in the State of California ("Grantee" or “City”). RECITALS WHEREAS, on January 31, 2024, the County and City submitted a joint application to the California Interagency Council on Homelessness for a grant from the Encampment Resolution Fund Round 3 (“ERF-3”) to address homeless encampments along and near the Mahon Creek Path in downtown San Rafael, also including encampments on Francisco Boulevard West and Andersen Drive (collectively, the “Mahon Encampment”). The Mahon Encampment is the largest encampment in the City and currently the largest municipal encampment in the County. WHEREAS, on April 18, 2024, the California Interagency Council on Homelessness awarded the County and City a $5,999,241.68 ERF-3 grant to address the Mahon Encampment and provide services and support to its sixty-five (65) residents over a three-year period. Specifically, the ERF-3 grant funds outreach services, housing-based case management services, and Interim Shelter (defined below), and delivery of permanent affordable housing for Mahon Encampment residents. The ERF-3 grant terminates on June 30, 2027. WHEREAS, on November 19, 2024, the County and the City entered into a Collaborative Agreement (“Collaborative Agreement”) wherein these State ERF-3 grant funds were accepted and appropriated for use, as well as an additional $500,000 in funding from State Senator Mike McGuire (“McGuire Funds”) and $500,000 in matching County General Funds (“County Match Funds”), totaling an additional $1,000,000 in funding for services for the Mahon Encampment. WHEREAS, City has identified 350 Merrydale Road in San Rafael, California, as more particularly described in Exhibit A (the "Property"), as a suitable location for permanent affordable housing near transportation and transit corridors which connect to jobs, amenities and other services, and also to be used as an interim homeless shelter for homeless individuals primarily from the Mahon Encampment during the City’s planning process for permanent affordable housing on the Property. 4927-4965-7973 v2 1 WHEREAS, the City’s purchase of the Property and the County’s financial support to implement strategies to address encampments as outlined in the Collaborative Agreement, including but not limited to, the strategies for Housing and Support and Prevention by providing for an Interim Shelter that will qualify as a Low Barrier Navigation Center (defined below) to serve the residents of the Mahon Encampment and a limited number of additional individuals currently experiencing homelessness in the City for the remainder of the ERF-3 grant period (through June 30, 2027) while the City goes through the process of developing permanent affordable housing at the Property. WHEREAS, the Parties recognize that the process of developing the Project (defined below) will require the City to take additional discretionary actions, such as issuing a Request for Proposals to select an affordable housing developer and negotiating and entering into a lease disposition and development agreement with the selected developer. WHEREAS, notwithstanding the foregoing, the City, in developing the Project (defined below), will use good faith efforts to keep affordability levels as low as possible (i.e., minimum 80% below AMI) dependent on funding and other factors developed in the Project’s proforma. WHEREAS, City wishes to be awarded from the County, and the County wishes to extend to City, a grant of up to Eight Million Dollars ($8,000,000.00) to assist with financing the purchase and acquisition of the Property and initial site set up of the Interim Shelter, as defined herein (the "Grant”), and as detailed in Exhibit B (“Approved Interim Shelter Acquisition and Site Set-Up Budget”). WHEREAS, the County is providing this Grant to finance acquisition and site set-up costs for the Interim Shelter, as defined below, and the Project, to help achieve financial feasibility for the Interim Shelter and the Project, and to support the Interim Shelter and potential development of the Project ideally situated near jobs, transit, and other amenities. NOW, THEREFORE, the Parties agree that the foregoing recitals are true and correct and agree as follows: ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions The following capitalized terms have the meanings set forth in this Section 1.1 wherever used in this Agreement, unless otherwise provided: (a) "Agreement" shall mean this Grant Agreement. (b) “Approved Annual Operating Budget” shall mean the annual operating budget for the Interim Shelter operations commencing no sooner than January 1, 2026 and operating through June 30, 2027, unless extended per Section 3.9(e) herein, including Interim Shelter program operations such as personnel, contracted service providers, utilities, food, etc., as approved by the County, and attached hereto and incorporated herein as Exhibit C. 4927-4965-7973 v2 2 (c) "Approved Interim Shelter Acquisition and Site Set-Up Budget" shall mean the budget for acquisition of the Property and initial set-up costs for the Interim Shelter, as approved by the County, and attached hereto and incorporated herein as Exhibit B. (d) "Bed" means one of the Interim Shelter (non-congregate) structures to be constructed on the Property, as distinguished from the Project and its units to be ultimately developed on the site. (e) “Cap Shelter Population" shall mean the maximum number of individuals eligible to be served at any given time under the ERF-3 grant agreement and is equal to 65 individuals, consisting of approximately 53 individuals at the Mahon Encampment current sanctioned camping area and approximately 12 individuals at the Andersen Road encampment. Both the City and the County recognize that, due to the transient nature of homelessness, these counts may vary slightly. (f) “Maximum Shelter Population” shall mean the total number of individuals served by the Interim Shelter during its operation and shall equal a total of 70 unique individuals, consisting of the Cap Shelter Population above plus, through program attrition and contingent upon available funding, approximately 5 additional individuals. No more than 65 individuals may be served by the Interim Shelter at any one time. (g) "County" shall mean the County of Marin, a political subdivision of the State of California. (h) “County Match Funds” shall mean the $500,000 in County general funds awarded from the County to the City, on November 19, 2024, in a Collaborative Agreement that “matched” a State award of $500,000 (the “McGuire Funds”). (1) "Default" shall have the meaning set forth in Section 4.1 below. 0) “ERF” shall mean Encampment Resolution Fund grant, or ERF-3. (k) “Good Neighbor Policy” shall mean a set of guidelines and practices aimed at fostering positive relationships between the Interim Shelter and its surrounding community, attached hereto and incorporated herein as Exhibit D. (1) "Grant" shall mean the County grant to Grantee pursuant to this Agreement in the total amount of up to Eight Million Dollars ($8,000,000.00). (m) "Grantee" shall mean the City of San Rafael. (n) “Interim Shelter” shall mean the up to sixty-five (65) beds of temporary shelter for homeless individuals at the Property, which shall consist of either pallet cabins, trailers, or similar temporary structures. Interim Shelter includes a Low Barrier Navigation Center. (o) “Low Barrier Navigation Center” or “LBNC” means a low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing as authorized by Government Code Sections 65660, 65664, and 65666. 4927-4965-7973 v2 3 (p) “Mahon Encampment” means homeless encampments along and near the Mahon Creek Path, including encampments on Francisco Boulevard West (now closed) and Andersen Drive, as more fully described in the ERF-3 Grant application. (q) “Mahon Encampment Resident” means an individual documented as residing in the Mahon Encampment at the time services funded by the ERF-3 grant were initially provided (November 2024), as determined by the City and the County Health and Human Services Department. (r) “McGuire Funds” shall mean the $500,000 in funding from State Senator Mike McGuire that was allocated to the City through the Collaborative Agreement, dated November 19, 2024 and that was “matched” by the County of Marin (e.g., the “County Match Funds”) . (s) “Operating Costs” shall mean the total operating costs on a fiscal year basis for the Interim Shelter, starting no earlier than January 1, 2026 (FY 2025-26) and operating through June 30, 2027 (FY 2026-27), per Exhibit C. (t) "Parties" shall mean the County and Grantee. (u) "Project" shall mean the up to eighty (80) units of affordable housing developed long-term, and attendant site improvements thereon. (v) "Property" shall mean the real property located in the County, more particularly described in the attached Exhibit A. (w) "Regulatory Agreement" is defined in Section 2.3 (x) "Unit" means one of the affordable housing units in the Project, as distinguished from the up to sixty-five (65) beds for the Interim Shelter. Section 1.2. Exhibits The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: EXHIBIT A: Legal Description of the Property EXHIBIT B: Approved Interim Shelter Acquisition and Site Set-Up Budget EXHIBIT C: Approved Annual Operating Budget EXHIBIT D: Good Neighbor Policy 4927-4965-7973 v2 4 ARTICLE2 GRANT Section 2.1 Grant. The County hereby agrees to grant an amount of Eight Million Dollars ($8,000,000.00) to City’s designated account, on the terms and conditions set forth herein, with payment of Seven Million Dollars ($7,000,000.00) via wire transfer within three days of execution of this Agreement by both Parties and the final payment of One Million Dollars ($1,000,000.00) due to the City via wire transfer to City’s designated account within five (5) business days of the City providing evidence to the County of an executed contract procuring the temporary structures for the Interim Shelter. Section 2.2. Use of Grant Funds. The Grantee shall use the Grant Funds to fund the acquisition of the Property and towards the Initial Set Up of the Interim Shelter, as defined herein and in Exhibit B. The Grantee shall not use the Grant funds for any other purpose without the prior written consent of the County. Section 2.3 Acquisition and Initial Set Up. Grant funds shall only be used for Property acquisition and subsequent one-time initial site set up activities, as more fully set forth in Exhibit B, not to exceed a total of $8,000,000.00, including: (a) Acquisition of the site, including brokerage, legal, and appraisal costs. (b) Purchase of pallet cabins, trailers, or other temporary structures to be used as Interim Shelter. (c) Purchase and site set up costs associated with mobile showers, temporary restrooms, or other agreed facilities for operation of the Interim Shelter, and incidental relocation costs. (d) Costs associated with making the Property and Interim Shelter facilities accessible. Section 2.4 | Compliance with Regulatory Agreement. County and Grantee have concurrently herewith executed a Regulatory Agreement (“Regulatory Agreement”), which will be recorded, on or about the date of this Agreement, as a deed restriction in the Official Records of Marin County and will specify terms and conditions of affordability for the Project’s Units assisted through this Agreement. Grantee, as a condition of this Agreement, shall cause the Project, if constructed, to be operated in accordance with the "Regulatory Agreement," including ensuring that the required Units are available to, and occupied by, low-income households as defined in the Regulatory Agreement. Section2.5 Term. The Agreement shall have a term through June 30, 2029. Section 5.4, Section 5.8, and Section 5.10 shall survive termination of this Agreement. 4927-4965-7973 v2 5 Section 2.6 No Secondary Financing. At no time during the Term of this Agreement may the Property be encumbered by the lien of any lender or creditor except as may be specifically approved in advance in writing by the County. ARTICLE 3 GRANT REQUIREMENTS Section 3.1 Financial Accountings and Post-Completion Audits. No later than one hundred eighty (180) days following the opening of the Interim Shelter, Grantee shall cause to be provided to the County a financial accounting of all sources and uses of funds for the Interim Shelter. No later than one hundred eighty (180) days following opening of the Interim Shelter, Grantee shall cause to be submitted to the County an audited financial report showing the sources and uses of all funds utilized for the purchase of the Property and set up of the Interim Shelter. Reports shall be provided by the City to the County every three months (quarterly) that provide: 1) Number of unique clients served; 2) Cumulative expenses and revenues; 3) Number of complaints; 4) Number of public safety calls for service; 5) Number of clients transitioned to housing; 6) Number of vacant beds: and 7) Daily utilization rate. Section 3.2 Information. Grantee shall provide any information reasonably requested by the County in connection with the Interim Shelter or development of the Project, within thirty (30) calendar days following the County's written request. Section 3.3 Records. (a) Grantee shall maintain complete, accurate, and current records pertaining to the Interim Shelter and development of the Project for a period of five (5) years after the creation of such records and shall permit any duly authorized representative of the County to inspect and copy records. Records must be kept accurate and current. (b) The County shall notify Grantee of any records it deems insufficient. Grantee shall have thirty (30) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct the deficiency, then Grantee shall begin to correct the deficiency within thirty (30) days and correct the deficiency as soon as reasonably possible. Section 3.4 Audits. Grantee shall make available for examination at reasonable intervals and during normal business hours to County all books, accounts, reports, files, and other papers or property with respect to all matters covered by this Agreement, and shall permit County to audit, examine, and make excerpts or transcripts from such records. County may make audits of any conditions relating to this Agreement. 4927-4965-7973 v2 6 Section 3.5 Maintenance and Damage. During the Term of this Agreement, Grantee shall cause the Property to be maintained in good repair and in a neat, clean, and orderly condition. Section 3.6 Notice of Litigation. Grantee shall promptly notify the County in writing of any litigation materially affecting the Property or any uses thereon and of any claims or disputes that involve a material risk of such litigation. Section 3.7 Nondiscrimination. The Grantee covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee or any person claiming under or through the Grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. Section 3.8 Shelter Crisis Declaration. Coterminous with adoption of this Agreement, the City has declared a Shelter Crisis pursuant to Government Code section 8698 et seq. and has adopted by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, as set forth in Government Code section 8698.4. Section 3.9 Interim Shelter. (a) The Interim Shelter shall not exceed sixty-five (65) beds at the Property. Grantee shall be solely responsible for establishing the Interim Shelter and ensuring its compliance with local, state, and federal laws. Shelter beds may consist of pallet cabins, trailers, or other similar temporary structures. Grantee shall own and be solely responsible for the Interim Shelter. Grantee shall be responsible for the shelter structures and shall be solely responsible for safely disposing of, or taking possession of, shelter structures when they are no longer needed at the Property. Grantor shall not be responsible for the Interim Shelter, including, but not limited to, the shelter beds and shelter structures. (b) City shall prioritize Mahon Encampment residents for placement in the Interim Shelter structures to ensure closure of the Mahon Encampment in downtown San Rafael, including the Andersen Drive encampment. The Cap Population is 65 individuals being served at any one time, to reside in the 65 total beds at the site, as defined in Section 1.1(e). Through program attrition and contingent upon available funding, no more than 70 unique individuals 4927-4965-7973 v2 7 may be eligible to participate in the program during the Term of this Agreement, to constitute the Maximum Shelter Population as defined in Section 1.1(f). (c) Within three (3) business days of learning that an Interim Shelter bed is vacant or will become vacant, City shall inform the County’s HHS Director or their designee. Within twenty (20) business days of this notification, HHS and City shall meet and confer in good faith regarding whether the Interim Shelter bed should be offered to another individual as described in Section 3.9(b). (d) The Interim Shelter at the Property shall close by June 30, 2027, except under the conditions outlined in (e)(i-iv) below; and no new or additional individuals shall be placed in the Interim Shelter after June 30, 2026, except under conditions outlined in (e)(i-iv) below. Any Interim Shelter beds that become vacant after June 30, 2026 shall be closed to new entries, unless permitted as described in 3.9(b) above. City shall be responsible for disposing of or removing the Interim Shelter structures after closure of the Interim Shelter. (e) Notwithstanding the foregoing, the Interim Shelter may continue to operate for up to two additional one-year periods, until June 30, 2029, under the following conditions: (i) The Interim Shelter may continue to operate until June 30, 2028, if by January 1, 2027, the City raises either public or private funds to continue the operation of the Interim Shelter in a manner similar to and of the same standard as its operation in its initial year. The City shall provide County with a detailed description of its fundraising efforts and results by January 1, 2027. In the event such funds are raised, no new or additional individuals shall be placed in the Interim Shelter one full year in advance of its closure, or June 30, 2027. In no event shall County have any obligation to “backfill” any shortfalls in the City’s private fundraising campaign. (ii) The Interim Shelter may continue to operate until June 30, 2029, if by January 1, 2028, the City raises additional public or private funds to continue the operation of the Interim Shelter in a manner similar to and of the same standard as its operation in its initial year. The City shall provide County with a detailed description of its fundraising efforts and results by January 1, 2028. In the event such funds are raised, no new or additional individuals shall be placed in the Interim Shelter one full year in advance of its closure, or June 30, 2028. In no event shall County have any obligation to “backfill” any shortfalls in the City’s private fundraising campaign. (iii) Timelines associated with City public or private fundraising efforts, entrants to the site, and/or operations/closure of the site, are defined as follows: City Fundraising |No New Entries Deadline “IOperations/Site Deadline (Assuming Lack of Funds) _|Closure January 1, 2027 June 30, 2027 June 30, 2028 January 1, 2028 June 30, 2028 June 30, 2029 (iv) Parties expressly agree that in no event shall the Interim Shelter at the Property operate beyond June 30, 2027 unless extended through no later than June 30, 2029 as 4927-4965-7973 v2 8 described in this Section 3.9(e)(i)-(iv). Not less than ninety (90) days before the Interim Shelter’s scheduled closure, the City shall meet and confer with HHS to discuss plans to safely exit Interim Shelter residents by the closure date. (f) The Interim Shelter shall open no sooner than January 1, 2026. City and County shall equally share (50/50) mutually agreed-upon operating costs for the term of the ERF-3 grant, or until June 30, 2027, as detailed in the Approved Annual Operating Budget, totaling no more than $2,001,250.00 annually on a fiscal year basis, attached as Exhibit C to this agreement (“Approved Annual Operating Budget”). (1) Operating costs shall first be funded with remaining ERF-3 grant funds, estimated by the City to total approximately $1,500,000.00 as of December 31, 2025. As described in the Collaborative Agreement, the City-County 50/50 cost sharing shall apply only after all ERF-3, McGuire, and/or County Match funds are fully expended. If operations costs exceed the costs in the Approved Annual Operating Budget, the costs shall be borne at a rate of 75% for the City and 25% for the County through June 30, 2027. The Parties expressly agree that County shall not be responsible for any operating costs of the Interim Shelter after June 30, 2027. (g) Any operations at the site extending beyond June 30, 2027 shall be funded solely by the City. City intends to apply for additional grant funding and lead a fundraising campaign to fully offset the costs of operation extending until June 30, 2028 or June 30, 2029, as described in Section 3.9(e)(i)-(iv). County shall support the City’s grant seeking and fundraising efforts; however, such support shall be at the sole discretion of County. In no event shall County have any obligation to “backfill” any shortfalls in the City’s private fundraising campaign. (h) The County provides funds from its Housing Trust for affordable housing, typically at a level of no more than $100,000 per unit. The Parties recognize that entitlement of the Project is subject to future discretionary actions as described in the recitals and within the City’s sole discretion. If the City chooses to exercise its discretion to entitle a modified Project or to not entitle the Project, City shall pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable housing by June 30, 2028, up to a total of $8,000,000.00. City’s payment of these funds shall be due to County by September 30, 2028, if the City choses to entitle a modified Project or to not entitle the Project. Section 3.10 Miscellaneous. (a) Upon acquisition, City shall be the owner of the Property and solely responsible for managing the Property in all respects and providing all safety services (including the San Rafael Police Department, San Rafael Fire Department, and Specialized Assistance for Everyone (SAFE) Team) to residents of the Interim Shelter. (b) City shall be fully responsible for all community outreach related to the Project and the Interim Shelter and will coordinate all communications with the County. (c) City shall be fully responsible for all communications with Interim Shelter residents at the Property, which is located within the City’s jurisdiction, as well as with surrounding area community residents. City shall collaborate in partnership with the County on all 4927-4965-7973 v2 9 communications to the general public. Any project signs, media contacts, media release or other public communications shall specifically mention the partnership between the County and City. (d) County Health and Human Services will continue to provide services to Interim Shelter residents and will ensure that Interim Shelter residents receive the same or similar services that they received while residing at the Mahon Encampment, as specified in the ERF-3 grant and the Collaborative Agreement between the City and County. Such services provide a range of support to individuals with the goal of placing individuals on pathways to permanent housing. (e) Any Regional Housing Needs Allocation credits awarded for the affordable housing Project shall be shared equally between the City and County, subject to any applicable state law restrictions, the amendment of which shall be the responsibility of the County in cooperation with the City. Section 3.11 Compliance with State and Federal Laws, Rules, Guidelines, and Regulations. City agrees to comply with all state and federal laws, rules, guidelines, and regulations that are applicable to the Interim Shelter and Project, including those that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and accessibility. City shall be responsible for ensuring the Interim Shelter and the services provided therein meet accessibility requirements under applicable State and Federal law. ARTICLE 4 DEFAULT AND REMEDIES Section 4.1 Events of Default. Each of the following shall constitute a "Default" by Grantee under this Agreement: (a) Breach of Covenants. Failure by Grantee to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of this Grant Agreement, and such failure having continued uncured for thirty (30) days after receipt of written notice thereof from the County to the Grantee, shall constitute Default; provided, however, that if a different period or notice requirement is specified under any other section of this Article 4, the specific provisions shall control. (b) Assignment; Attachment. Grantee shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety (90) days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. (c) Liens on Property. There shall be filed any claim of lien (other than liens in the Approved Development Budget or otherwise approved in writing by the County) against the Property or any part thereof, and the continued maintenance of said claim of lien or notice to 4927-4965-7973 v2 10 withhold for aperiod oftwenty (20) days without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (d) Condemnation. The condemnation, seizure, or appropriation of all or the substantial part of the Property. (e) Representation or Warranty Incorrect. Any Grantee material representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with this Grant Agreement, proves to have been incorrect in any material respect when made. (6) Failure to Reimburse the County for a Modified Project or No Project. If the City’s reimbursement obligations under Section 3.9(h) of this Agreement are triggered, and the City fails to reimburse the County as specified in Section 3.9(h) of this Agreement. Section 4.2 Remedies. The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the County or City or automatically where so specified, relieve the County of any obligation to make or continue the Grant and shall give the County and City the right to proceed with any and all remedies set forth in this Agreement, including but not limited to the following: (a) Specific Performance. The County and City shall have the right to bring an action or proceeding at law or in equity to require the other Party to perform its obligations and covenants under this Grant Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Grant Agreement. (b) Repayment of Grant. Upon an event of Default, the County shall have the right to require repayment of the Grant in full. (c) Other Remedies. The County and City shall have the right to exercise any and all rights and remedies afforded by this Agreement, law, equity or otherwise, including obtaining the appointment of a receiver. Section 4.3 Remedies Cumulative. No right, power, or remedy given to the County or City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the County or City by the terms of any such instrument, or by any statute or otherwise against the other Party and any other person or entity. Neither the failure nor any delay on the part of the County or City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the County or City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. 4927-4965-7973 v2 11 ARTICLES GENERAL PROVISIONS Section 5.1 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Grantee or its agents, employees or contractors, and Grantee shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Grantee has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regard to the purchase of the Property, construction and operation of the Project, Grantee shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that contractors shall be solely responsible for similar matters relating to their employees. Grantee shall be solely responsible for its own acts and those of its agents and employees. Section 5.2 No Claims. Nothing contained in this Agreement shall create or justify any claim against the County by any person that Grantee may have employed or with whom Grantee may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the construction or the operation of the Project. Section 5.3. Amendments. No alteration or variation of the terms of this Agreement shall be valid unless made in writing by the Parties. Section 5.4 Indemnification. The Grantee shall indemnify, defend and hold the County harmless against all claims made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with the purchase of the Property and the development of the Interim Shelter or the Project, except to the extent such claim arises from the negligence, violation of law or willful misconduct of the County, its agents, and its employees. Section 5.5 Non-Liability of County and City Officials, Employees and Agents. (a) No member, official, employee or agent of the County shall be personally liable to Grantee in the event of any default or breach by the County or for any amount which may become due to Grantee or its successor or on any obligation under the terms of this Agreement. (b) No member, official, employee or agent of the Grantee shall be personally liable to the County in the event of any default or breach by the Grantee or for any amount which may 4927-4965-7973 v2 12 become due to the County or its successor or on any obligation under the terms of this Agreement. Section 5.6 No Third-Party Beneficiaries. There shall be no third-party beneficiaries to this Agreement. Section 5.7 Notices, Demands and Communications. Formal notices, demands, and communications between the Parties shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: COUNTY: County of Marin Office of the County Executive 3501 Civic Center Drive San Rafael, CA 94903 Attn: County Executive GRANTEE: City of San Rafael Attn: City Manager 1400 5% Avenue San Rafael, CA 94901 With a copy to: City Attorney’s Office Attn: Chief Assistant City Attorney 1400 5" Avenue, Suite 202 San Rafael, CA 94901 Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Copies of notice, sent to Grantee shall also be sent to any member of Grantee who requests such notice in writing and provides its address. Section 5.8 Applicable Law and Venue. 4927-4965-7973 v2 13 This Agreement shall be governed by California law, and the venue shall be Marin County, California. Section 5.9 Parties Bound. Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Without limiting the foregoing, the County shall have the right to assign its rights under the Grant Agreement to any third party, whether on a collateral assignment basis or otherwise, and in connection therewith the County shall have the right to deliver and otherwise disclose to such third party all information relating to the Grantee, any partners of the Grantee, and/or the Project and the Property, including without limitation financial and credit information. Section 5.10 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorneys' fees and costs of suit from the other Party. Section 5.11 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 5.12 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock- outs; riots; floods; earthquakes; fires; quarantine restrictions; freight embargoes; lack of transportation; or court order; or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any cause will be deemed granted if notice by the Party claiming such extension is sent to the other within thirty (30) days from the commencement of the cause. In no event shall the County be required to agree to cumulative delays in excess of three hundred sixty-five (365) days. Section 5.13 County Approval. Whenever this Agreement calls for County approval, consent, or waiver, and such action is requested of the County in the normal course of the administration and disbursement of the Grant, the written approval, consent, or waiver of the County Executive of the County shall constitute the approval, consent, or waiver of the County, without further authorization required from the County Board of Supervisors. The County hereby authorizes the County Executive of the County to deliver such approvals or consents as are required by this Agreement, or to waive such requirements under this Agreement, on behalf of the County. Any consents or approvals 4927-4965-7973 v2 14 required under this Agreement shall not be unreasonably withheld or made, except where it is specifically provided that a sole discretion standard applies. The County Executive of the County is also hereby authorized to approve, on behalf of the County, requests by Grantee for reasonable extensions of time deadlines set forth in this Agreement. The County shall not unreasonably delay in reviewing and approving or disapproving any proposal by Grantee made in connection with this Agreement. Notwithstanding the foregoing, any material change to this Agreement shall be in the form of an Amendment and approved by the County Board of Supervisors. Section 5.14 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Grantee shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 5.15 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. Section 5.16 Entire Understanding of the Parties The Grant Agreement constitutes the entire understanding and agreement of the Parties with respect to the Grant. Section 5.17 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [THE SIGNATURE PAGE FOLLOWS] 4927-4965-7973 v2 15 WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written. 4927-4965-7973 v2 COUNTY: MARIN COUNTY, a political subdivision of the State of California By: "Ws y= Name: eV Vohwsar/ Its: Canis Exe CORE, Approved as to Form: Name: Kore Sta N Cvrk Its: Veguk Count Counse | GRANTEE: City of San Rafael, a charter city in the State of California > Name: Cr VATA e Ati) D UCA, lts: Cit, Manager / y”? 16 EXHIBIT A Legal Description of the Property Real property in the City of San Rafael, County of Marin, State of California, described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT(2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 4927-4965-7973 v2 17 EXHIBIT B Approved Interim Shelter Acquisition and Site Set-Up Budget (County Contribution Not to Exceed $8.0M) Category Detail Amount / Formula Land Acquisition Costs Purchase Price $6,700,000 Land Acquisition Costs Brokerage $201,000 Land Acquisition Costs Legal $50,000 Land Acquisition Costs Appraisal $2,700 Site Set Up Costs Temporary Structures $1,129,000 Site Set Up Costs Pallet Structures (Used) $60,000 Site Set Up Costs FF&E $158,600 Site Set Up Costs Fencing $80,000 Site Set Up Costs Relocation Process $15,000 Site Set Up Costs Utility Connections (PG&E) $75,000 Site Set Up Costs Site Prep Contingency $44,000 Total Acquisition and Start-Up Costs $8,515,300 4927-4965-7973 v2 11/19/25 EXHIBIT C Approved Annual Operating Budget (FY 2025-26 and FY 2026-27) Category Detail Amount / Formula Office & Supplies Annual $10,000 Utilities Water $24,000 Utilities Gas $50,000 Utilities Electricity $65,000 Transportation Transit Passes $15,000 Food Annual $237,250 FY26 FS Global Contract Annual - Site Management $750,000 FY26 Defense Block Contract Annual - Security $850,000 Total Annual Operating Expenses $2,001,250 Cost per Participant (70 unique indiv.) $28,589 4927-4965-7973 v2 11/19/25 1065\20\3248326.4 il EXHIBIT D Good Neighbor Policy and Code of Conduct Interim Shelter at 350 Merrydale Road Joint Policy of the City of San Rafael and County of Marin 1. Purpose and Intent The City of San Rafael and County of Marin are committed to ensuring that the Interim Shelter at 350 Merrydale Road operates safely, respectfully, and in a way that positively integrates with the surrounding neighborhood. This Good Neighbor Policy, in coordination with the Resident Code of Conduct, establishes shared expectations for residents, staff, and community members. Every resident must review and sign both documents prior to entry. Continued participation in the program is contingent upon adherence to these expectations. 2. Goals 1. Support and encourage high-quality services that are well integrated into, and supported by, the community. 2. Maintain peaceful, safe, clean, and crime-free neighborhoods for both program participants and surrounding residents and businesses. 3. Facilitate direct, honest communication among all community partners, including the City’s Police and Fire Departments, County of Marin Health and Human Services, transit agencies, and other service providers. 4. Ensure clear, accessible points of contact and resolution for addressing community concerns or disputes. 5. Foster mutual respect for all community members and protection of public and private property. 6. Encourage active participation of shelter operators in sustaining the neighborhood’s cleanliness, safety, and vitality. 7. Ensure adherence to property maintenance standards that preserve community character and quality of life. 8. Provide accountability for criminal or disruptive behavior, including cooperation with law enforcement when necessary. 9. Maintain accessible, publicized contact information—available 24/7—for community inquiries or concerns. 10. Convene regular meetings with community partners, including engagement with specific stakeholders such as nearby residents or businesses, to review operations and address emerging issues. 11. Notify neighbors of significant program or facility changes in advance and seek community input where appropriate. 12. Document and review concerns or complaints to ensure timely and effective follow-up and corrective action. 4927-4965-7973 v2 i 11/25/25 1065\20\3248326.4 3. Guiding Values 1. 2. 3. 4, Responsiveness: Maintain open communication with neighbors and adjust operations based on feedback. Collaboration: Partner with residents, community organizations, and public agencies to foster shared understanding. Accountability: Measure and report outcomes such as housing placements and reductions in unsheltered homelessness. Coordination: Align program operations with Marin County’s Coordinated Entry System, outreach teams, and public safety partners. Services offered at the site are exclusively reserved only for those participating in the interim shelter program. 4. Safety and Security Practices Le 2. 3. 4, 3, 6. 7. 8. 9, Onsite staff present. 24 hours a day, seven days a week, 365 days per year. Resident entry and exit monitored through check-in and check-out procedures. No public drop-in access or loitering permitted outside the property, including SMART owned property per its Code of Conduct at: https://sonomamarintrain.org/codeofconduct. Regular site walks and neighborhood walks conducted to maintain cleanliness and identify issues. Lighting and security systems maintained to ensure visibility and safety. Emergency protocols in place, requiring immediate contact with Police, Fire, or SAFE as appropriate. Regular property inspections and maintenance in compliance with City standards. Adherence to health and safety guidelines at all times. Prompt response to concerns raised by residents, neighbors, or community partners. 5. Resident Code of Conduct and Expectations Residents are expected to follow these standards both onsite and in the surrounding neighborhood: 1. Respectful conduct: Treat staff, neighbors, and fellow residents with courtesy and respect at all times. 2. Quiet hours: Observe quiet hours between 10:00 p.m. and 7:00 a.m.; no loud conversations, music, or vehicle noise. 3. Smoking and substance use: Smoke only in designated outdoor areas; alcohol and illegal substances are prohibited. 4. Pets: Keep pets leashed outdoors; clean up pet waste immediately. 5. Cleanliness: Maintain clean living spaces and shared areas; no outdoor storage of belongings. 6. Visitors: Allow only approved visitors during designated hours; no loitering in nearby neighborhoods or surrounding unimproved areas. 7. Prohibited behaviors: Disruptive, threatening, or illegal activity —including vandalism, theft, or harassment—is not permitted. 8. Transportation: Park vehicles and bicycles in designated areas in compliance with all regulations; follow all rules and regulations when using public transportation. 9. Compliance: Follow all program rules, City ordinances, and this policy. 4927-4965-7973 v2 ii 11/25/25 1065\20\3248326.4 Accountability and Enforcement: Repeated or serious violations—after appropriate warnings and case management intervention— will result in graduated consequences, up to and including discharge from the program. 6. Community Engagement and Complaint Resolution i, Zo A designated City contact (email and phone) will be available during business hours to address neighborhood concerns. A 24-hour contact number will be maintained for urgent matters. After hours, calls will be directed to SAFE or law enforcement as appropriate .All complaints will be documented, investigated, and resolved with timely follow-up, consistent with confidentiality requirements. The City will maintain an updated webpage with program information, performance data, and meeting schedules. At least one community meeting per year will be held to review operations, outcomes, and neighborhood input. The City and County will encourage coordination with neighborhood watch programs and community associations to enhance safety and communication. 7. Policy Management and Amendments L Za This policy will be actively managed by the City of San Rafael and County of Marin, with periodic review to assess effectiveness and responsiveness to community needs. Amendments may be made by mutual agreement of the County Executive of Marin County and the City Manager of San Rafael. 4927-4965-7973 v2 ili 11/25/25 1065\20\3248326.4 4905-1168-9087 v3 6. Buyer Representation Agreement Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451 C-99D2-CB0974F54AE5 NEWMARK BUYER REPRESENTATION AGREEMENT On this 29 day of November 2025 (the “Effective Date”), the City of San Rafael, a municipal corporation of the State of California (“Client”), hereby appoints Cornish & Carey Commercial, a California corporation doing business as Newmark (“Newmark”), as Client's exclusive real estate broker and representative with the exclusive right to represent Client in its effort to locate and purchase real property, subject to the terms and conditions contained in this Buyer Representation Agreement (this “Agreement”. 1. TERM. The term of this Agreement (the “Term”), and the exclusive agency created hereby shall commence on the Effective Date and shall expire at 11:59 p.m. on the date that is six (6) months thereafter, unless the Term has been extended for a period not to exceed six (6) months in a writing signed by Client and Newmark (each, a “Party” and, jointly, the “Parties”). 2. PROPERTY REQUIREMENTS. Client shall specify in writing (including in an exchange of emails with Newmark) the attributes of each property Client desires to purchase (each, a “Property), including the specific location of the Property or the general area in which it is located, the desired purchase price, the size and other physical attributes desired by Client, the intended use of the Property, and any other information that Client deems to be material to its purchase of the Property. Client may change such requirements at any time by providing Newmark with written notice thereof, including via email. Client and Newmark acknowledge that as of the Effective Date, Client is seeking commercial and/or residential property of an approximate minimum 0.50 acres in size, located in the City of San Rafael and/or unincorporated areas of San Rafael. 3. NEWMARK'S COMPENSATION NOTICE: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. A. The provisions of the following Paragraphs A and B shall be inapplicable if the owner of the Property (“Owner”) or Owner's real estate broker agrees or has agreed to pay a real estate commission to Newmark that is acceptable to Newmark in its sole and absolute discretion. If Owner or its real estate broker agrees or has agreed to pay Newmark a real estate commission that is not acceptable to Newmark, the amount actually paid shall be credited against the amount to be paid by Client under Paragraph B below; provided that in such circumstance, Newmark will provide written notice to Client of its commission arrangement with Owner and Client will approve same as a condition to Client’s obligation to pay the balance of the Commission (as defined below). B. In consideration of this Agreement and Newmark’s agreement to diligently pursue the procurement of a Property, and subject to Paragraph 3.B below, Client agrees to pay Newmark a real estate commission (the “Commission”) in cash, equal to three percent (3.0%) of the gross purchase price of the Property. The Commission shall be paid to Newmark from and at the close of the escrow opened to facilitate the purchase of the Property or, if no escrow is opened, upon the transfer to Client of title to the Property, as evidenced by recordation of a deed. C. Client shall pay the Commission if, during the Term (1) the Property or any part thereof is purchased by Client and the related escrow closes as evidenced by recordation of a deed; (2) Client enters into a contract for the purchase of the Property, and that purchase is completed through the closure of the related escrow by recordation of a deed within one hundred eighty (180) days after the expiration of the Term. ] (A 4923-8986-0955 v3 Client’s Initials: Page 1 of 9 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 4. NEWMARK’S REPRESENTATIONS, SERVICES, AND AUTHORITY A. Newmark represents that it is licensed as a real estate broker in the State of California under license number 00832933. Newmark shall assign Joe McCallum and Haden Ongaro, whose California real estate license numbers are 02048815 and 00916960, respectively, to act on Newmark’s behalf in the performance of its services under this Agreement (the “Services”). B. Client hereby authorizes Newmark to locate a Property acceptable to Client in its sole and absolute discretion and, with Client's written approval, to negotiate for the purchase of the Property, but not to commit Client to such a purchase or to sign any instrument on behalf of Client. Further, during any such negotiations, Newmark shall consult with Client regarding the terms and conditions of such potential purchase. Cc. Client hereby authorizes Newmark to publicize any transactions that occur under this Agreement. Newmark shall have the right to name the parties to the transaction and the character and location of the Property, but not the financial aspects of the transaction. D. The Parties acknowledge and agree that this Agreement is no more than a mere authority to pursue the purchase of Property, and to draft and solicit proposals and offers for the purchase of the Property, which are to be submitted to Client for its acceptance or rejection. Newmark is an independent entity and not the general agent of Client. Newmark has no authority to enter into any agreement with any person or entity in the name of or on behalf of Client and has no authority by virtue of this Agreement to bind or subject Client to any obligations or liabilities whatsoever. Client has the absolute right (in its sole and absolute discretion) in all events to approve or to disapprove the form, substance, and content of any and all proposals, agreements and contracts. Client reserves the right to adjust the terms and conditions of any purchase offer, including, but not limited to, the right to adjust the purchase price offered for the Property upward or downward from time to time, the right to withdraw from negotiations or decline to enter into any agreement or contract, for any reason or for no reason whatsoever, and the right to modify the closing date, at any time and without liability or obligation to Newmark or any other broker, agent or finder. In response to any inquiry regarding Newmark's authority, Newmark shall expressly inform each prospective Owner or other party of Newmark's inability to bind Client. Newmark shall not represent that it is acting for Client in any capacity other than as Client's real estate broker. 5. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions appear in the attached Exhibit A. CLIENT: NEWMARK: City of San Rafael, a municipal corporation of Cornish & Carey Commercial, the State of California a California corporation DocuSigned by: By Cristina lw By: | Jon Pad Cristine Alilovich on Mackey lts: City Manager Its: Division Manager DateNovember 25, 2025 Date: 10/10/2025 | 3:50 PM PDT (A 4923-8986-0955 v3 Client's Initials: Page 2 of 9 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F November 25, 2025 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451 C-99D2-CB0974F54AE5 EXHIBIT A Additional Terms and Conditions 6. CLIENT’S OBLIGATIONS. Client shall cooperate with Newmark in its efforts to purchase the Property and shall promptly refer to Newmark any inquiries or offers received by Client regarding its potential purchase of the Property. 7. DISCLAIMERS AND ADMONITIONS A. Client acknowledges that Newmark has not made an independent investigation or determination of the physical or environmental condition or adequacy of the Property, including, but not limited to, the size or value of the Property, the existence or nonexistence of any underground tanks, sumps, piping, toxic or hazardous substances on the Property. Client agrees that it will rely solely upon its own investigation and/or the investigation of professionals retained by Client, at Client’s sole expense, and Client shall not rely upon Newmark to determine the physical and environmental condition of the Property. B. The Americans with Disabilities Act is intended to make many business establishments equally accessible to persons with a variety of disabilities; modifications to real property may be required. State and local laws also may mandate changes. Newmark is not qualified to advise Client as to what, if any, changes may be required now, or in the future. Client should consult Client’s attorneys and qualified design professionals of Clients choice for information regarding these matters. Real estate brokers cannot determine which attorneys or design professionals have the appropriate expertise in this area. C. Various construction materials may contain items that have been or may in the future be determined to be hazardous (toxic) or undesirable and may need to be specifically treated/handled or removed. For example, some transformers and other electrical components contain PCBs, and asbestos has been used in components such as fire-proofing, heating and cooling systems, air duct insulation, spray-on and tile acoustical materials, linoleum, floor tiles, roofing, drywall and plaster. Due to prior or current uses of the Property or in the area, that Property may have hazardous or undesirable metals (including lead- based paint), minerals, chemicals, hydrocarbons, or biological hazards (including, but not limited to, mold) or radioactive items (including electrical and magnetic fields) in soils, water, building components, above or below-ground containers or elsewhere in areas that may or may not be accessible or noticeable. Such items may leak or otherwise be repurchased. Real estate licensees have no expertise in the detection or correction of hazardous or undesirable items. Expert inspections are necessary. Current or future laws may require clean up by past, present and/or future owners and/or operators. It is the responsibility of Client to select and retain qualified experts to detect and correct such matters and to consult with legal counsel of Client’s choice to determine what provisions, if any, Client may include in transaction documents regarding the Property Client intends to purchase. D. Neither Newmark nor any person associated with Newmark is qualified or authorized to give legal or tax Client’s Initials: (A advice, or to determine if Client requires such advice. Client should consult with Client's attorney and/or accountant regarding this matter. Client hereby acknowledges being advised by Newmark that any and all documents to be used in connection with any transaction should be reviewed and approved by Client’s attorney prior to being signed by Client. Real estate transactions can have local, state, and federal tax consequences for the seller and/or buyer. 8. INSURANCE. During the Term, Newmark shall arrange for, carry, and maintain at its own expense the following insurance coverages: A. Workers’ Compensation, so as to provide statutory benefits as required by the laws of the State of California, and Employer's Liability insurance with limits of liability of no less than $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit covering all employees of Newmark engaged in the performance of its services under this Agreement. B. Professional Liability insurance with a limit of liability of not less than $1,000,000 each claim and $1,000,000 aggregate. C. Commercial General Liability insurance which shall: (i) be occurrence-based; (ii) provide limits of liability in an amount not less than $1,000,000 each occurrence and $1,000,000 aggregate (including excess and/or umbrella limits), (iii) include at least those coverages generally included in the most current ISO Commercial General Liability insurance policy form (or its equivalent); and (iv) include Client as an additional insured solely with regard to claims arising out of this Agreement. D. Commercial automobile liability for owned, hired and non-owned motor vehicles in an amount of $1,000,000 combined single limit. 9. RELEASE AND INDEMNIFICATION A. Client releases Newmark of and from any and all losses, claims, causes of action, liabilities and damages (“collectively, “Claim”) arising out of or connected with the physical or environmental condition, size or value of the Property, conditions of title, zoning, accuracy or completeness of reports, or permitted uses, except to the extent a Claim arises out the gross negligence or intentional misconduct of Newmark . B. Newmark shall defend, indemnify, and hold Client harmless from and against any and all losses, claims, causes of action, liabilities and damages (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in connection with (a) any misrepresentations made by Newmark in connection with the Property or the potential transaction involving Client, unless the same was based solely on information provided by Client or its authorized agents or approved in writing by Client for dissemination to third parties, (b) any negligence or willful misconduct of Newmark, or its agents, employees or representatives, 4923-8986-0955 v3 Page 3 of 9 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 and/or (c) any breach of Newmark’s obligations under this Agreement. 10. LIABILITY. The liability of the Parties caused by a breach of this Agreement shall be limited to direct damages, and in no event will either Party be liable to the other for any loss of or damage to revenues, profits, goodwill or other special, incidental, exemplary, punitive, indirect, or consequential damages of any kind resulting from the performance or failure to perform pursuant to the terms of this Agreement or from the provision of services hereunder, even if such Party has been advised of the possibility of such damages. In no event shall the total liability of Newmark to Client in connection with all claims made under the terms of this Agreement exceed the greater of (a) the amount of the Commission under this Agreement, or (b) available limits of the applicable insurance policy or policies Newmark is required to maintain under the terms of this Agreement. 11. REAL ESTATE AGENCY DISCLOSURE AND ACKNOWLEDGMENT. Owner acknowledges having received, read, and signed the “Disclosure Regarding Real Estate Agency Relationships” that is attached hereto as Exhibit B. Client acknowledges that as of the date of this Agreement, Newmark is acting the real estate broker for Client exclusively, and Joe McCallum and Haden Ongaro are acting the real estate agents for Client exclusively. Newmark shall not act as the dual agent in any transaction under this Agreement without first obtaining Client’s written consent, which Client may grant, withhold, or condition in its sole and absolute discretion. 12. NOTICES. Notices under this Agreement shall be in writing and shall be deemed to have been fully given and received when delivered by e-mail, facsimile, or by hand, sent by nationally recognized overnight courier, or sent by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the respective Party at the following addresses: If to Client: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attn: Andrea Visveshwara, Chief Assistant City Attorney Newmark 1101 Fifth Avenue, Suite 370 San Rafael, CA 94901 Attn: Joe McCallum and Haden Ongaro If to Newmark: With a copy to: Newmark 18401 Von Karman Avenue, Suite 150 Irvine, CA 92612 Attn: Legal Department 13. COSTS AND ATTORNEYS’ FEES. In the event any claim or controversy arises out of this Agreement, the prevailing Party in any legal proceeding brought to resolve that claim or controversy shail be entitled to its costs, litigation expenses, and reasonable attorneys’ fees from the non-prevailing Party. Client’s Initials: 14. INTEREST. In the event of any failure to pay to Newmark any amount due hereunder as and when the same becomes due and owing, the unpaid amount shall accrue interest from the date the same becomes due and owing at the rate of five (5%) per annum. 15. NON-DISCRIMINATION. Newmark shall perform its services without regard to race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. A request to observe discriminatory practices in the sale, exchange, or option of property will not be granted. 16. AMENDMENTS AND - MODIFICATIONS. No amendments to or modifications of this Agreement shall be valid or binding unless made in writing and signed by both Client and an officer of Newmark. Client hereby acknowledges that salespersons affiliated with Newmark are not authorized to make or approve any additions to, deletions from, or alterations of the printed provisions of this Agreement, nor are they authorized to terminate this Agreement. 17. SUCCESSORS AND ASSIGNS. The respective heirs, transferees, successors and assigns of the Parties are duly bound by the provisions hereof. 18. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles, and shall be resolved in a court proceeding within the State of California. 19. COMPLIANCE WITH LAWS. Each Party shall comply with all laws and regulations of the State of California and of the United States of America in the course of performing under this Agreement. 20. SEVERABILITY. If any court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 21. TITLES AND CAPTIONS. Titles or captions contained in this Agreement are inserted as a matter of convenience and in no way define, limit, extend, or describe the scope of this Agreement or any provision hereof. 22. NO THIRD-PARTY BENEFICIARIES. Nothing in this Agreement is intended to, nor shall it be deemed or construed to create any rights or remedies in any third party. The Parties acknowledge and agree that there are no third- party beneficiaries to this Agreement. 23. INDEPENDENT CONTRACTORS. The Parties are independent contractors, and no general agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither Party shall have the power to obligate or bind the other Party. 24. WAIVERS. A waiver of any right under any provision of this Agreement by either Party shall be valid only if such 4923-8986-0955 v3 Page 4 of 9 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 waiver is in writing and signed by the Party to be charged. No waiver of any right under any provision of this Agreement on any occasion shall be a waiver of any other right or under any other provision or on any other occasion. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. 25. INTERPRETATION. No provision in this Agreement is to be interpreted for or against either Party because that Party or that Party’s legal representative drafted such provision. 26. COUNTERPARTS. This Agreement may be executed electronically and in one or more counterparts, each of CA Client's Initials: which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. 27. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written communications with respect hereto, all of which are merged in this Agreement. Neither Party is relying on any warranties, representations, assurances, or inducements not expressly set forth in this Agreement. 28. ACKNOWLEDGEMENT. Client acknowledges having read and understood this Agreement, including the terms and conditions contained in this Exhibit A. 4923-8986-0955 v3 Page 5 of 9 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 EXHIBIT B DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (As required by the Civil Code) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER’S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER’S AGENT A Buyer's agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. This includes a Buyer's agent under a buyer-broker representation agreement with the Buyer. In these situations, the agent is not the Sellers agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered. SELLER AND BUYER RESPONSIBILITIES Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth below. Read it carefully. City of San Rafael, Cornish & Carey Commercial, a municipal corporation of the State of California a California corporation [x] Buyer [] Seller Brokerage Firm (date) By: Cristina Milonide November 25, 2025 (Signature) (date) (Signature) (date) Salesperson or Broker Associate CALIFORNIA CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (Section 2079.16 appears in the form above) 2079.13. (a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Sellers agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F November 25, 2025 Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (1) “Single-family residential property” or “single-family residential real property” means any of the following: (1) Real property improved with one to four dwelling units, including a leasehold exceeding one year’s duration. (2) A unit in a residential stock cooperative, condominium, or planned unit development. (3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code. (m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real Property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (0) "Buyer's agent” means an agent who represents a buyer in a real property transaction. (p) “buyer-broker representation agreement” means a written contract between a buyer of real property and a buyer’s agent by which the buyer's agent has been authorized by the buyer to provide services set forth in subdivision (a) of Section 10131 of the Business and Professions Code for or on behalf of the buyer for which a real estate license is required pursuant to the terms of the contract. 2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows: (1) The seller's agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement. (2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of a buyer-broker representation agreement and execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer. (b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.17 (a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form: DO NOT SIGN THIS SECTION — EXAMPLE ONLY is the broker of (check one): O the seller; or (Name of Seller's Brokerage firm, and license number) O both the buyer and seller (dual agent). is the agent of (check one): U the Seller's Agent (salesperson and broker associate) Name of Seller's Agent and license number 口 the Buyer's and Seller Agent (dual agent). is the broker of (check one): C the buyer; or (Name of Buyer's Brokerage firm, and license number) 口 both the buyer and seller (dual agent). is the agent of (check one): O the Buyer's Agent (salesperson and broker associate) Name of Buyer's Agent and license number O both the Buyer's and Seller Agent (dual agent). (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 6AAB70EE-DF62-4159-AE41-94A1AE77B30F Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 2079.18. The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.19. Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21. (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22. Nothing in this article precludes a sellers agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23. (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable. 2079.24. Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. 2079.25. The provisions of subdivision (d) of Section 1102.1 shall apply to this article. 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Planning Commission Resolution No. 25- 07 RESOLUTION NO. 25-07 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION REPORTING ON THE CONFORMITY OF THE ACQUISITION OF 350 MERRYDALE ROAD AND 3833 REDWOOD HIGHWAY (A PARCEL NUMBERS 179- 041-27 AND 179-041-28) WITH THE ADOPTED GENERAL PLAN 4905-1168-9087 v3 8. Planning Commission Staff Report including attachments 1 Community and Economic Development Department Meeting Date: November 4, 2025 Agenda Item: G (1) Case Number: Project Planner: Kristina Estudillo, Principal Planner Greg Minor, Assistant Director REPORT TO PLANNING COMMISSION SUBJECT: 350 Merrydale Road and 3833 Redwood Highway – Reporting on the Conformity with the City’s General Plan for the City’s property acquisition of 350 Merrydale Road and 3833 Redwood Highway APN(s): 179-041-27 and 179-041-28 for Interim Shelter, including a Low Barrier Navigation Center, and Affordable Housing Development. Zoning District: Planned Development District (PD) Applicant: City of San Rafael; CEQA Determination: Not Applicable to a Conformity Report EXECUTIVE SUMMARY As part of a collaboration between the County of Marin and the City of San Rafael (City) to address homelessness and the lack of affordable housing, the City is planning to acquire a 2.5-acre property at 350 Merrydale Road and 3833 Redwood Highway (the Property) to serve as an interim shelter, including a Low Barrier Navigation Center, (“Interim Shelter”) for up to 65 unhoused individuals on a temporary basis followed by a permanent affordable housing development of at least 80 units. The Property was last used as an adult school serving approximately 100 individuals but the Property has been vacant for the last five years. In 2020 the property owners received land use approvals for 45 for sale townhomes but the property owner did not proceed with construction activities and earlier this year the property owner placed the Property for sale. California Government Code Section 65402 requires that the acquisition of real property by a public entity be submitted to and reported upon by the applicable Planning Agency as to conformity with the jurisdiction’s adopted General Plan. The City is considering acquisition of the Property. The Planning Commission serves as the City’s Planning Agency. Accordingly, staff recommend that the Planning Commission adopt the proposed resolution reporting that the City’s acquisition of 350 Merrydale Road and 3833 Redwood Highway conforms with the City’s adopted General Plan. 2 RECOMMENDATION Staff recommend that the Planning Commission adopt the proposed resolution reporting that the City’s acquisition of 350 Merrydale Road and 3833 Redwood Highway conforms with the City’s adopted General Plan. 3 PROPERTY FACTS Address/Location: 350 Merrydale Road and 3833 Redwood Highway Parcel Number(s): 179-041-27 and 179-041-28 Property Size: 2.5 acres Neighborhood: Terra Linda Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: Community Commercial Mixed Use (GC) Planned Development District (PD) Educational North: Office Mixed Use (OMU) Planned Development District (PD) Commercial South: High Density Residential (HR) and Community Commercial Mixed Use (GC) High Density Residential (HR) and General Commercial (GC) Residential and Commercial East: US 101 Highway US 101 Highway US 101 Highway West: Low Density Residential (LDR) Single-Family Residential (R7.5) Residential Site Description/Setting: The property at 350 Merrydale Road is approximately 2.5 acres of land located just west of the US Highway 101 transportation corridor in northern San Rafael, approximately two miles north of downtown. The property has two physical addresses: 350 Merrydale Road and 3833 Redwood Highway, San Rafael. The property is recorded by the Marin County Assessor as Assessor’s Parcel Numbers (APN) 179-041-27 and 179-041-28. The property is zoned 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. In terms of surrounding land uses, commercial businesses adjoin the property 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. The property is highlighted below in red in Figure 1. 4 Figure 1 – Vicinity Map PROJECT DESCRIPTION The proposed acquisition of the Property would be for use as an Interim Shelter and subsequent development of a permanent affordable housing development as outlined below: • Interim Shelter Operations o The Interim Shelter will operate until June 30, 2027. o Operation of the Interim Shelter may be extended for two one-year extensions, until June 30, 2029, if there is funding available. Closure of the Interim Shelter will be no later than June 30, 2029. o Maximum of 65 individuals will be served at any one time. Through program attrition and contingent upon available funding, no more than 70 unique individuals may be eligible to participate in the program with priority placement given in this order; (1) current Sanctioned Camping Area participants, (2) Andersen Road Encampment; (3) other encampments in the City of San Rafael. o No new entries within one year of anticipated closure unless adequate funding is secured. • Affordable Housing Development o City plans to entitle property for at least 80 units of affordable housing by June 30, 2028. 5 ANALYSIS Implementing an Interim Shelter for homeless residents and facilitating an affordable housing development at the Property will advance many of the City’s General Plan policies and housing goals as demonstrated in detail in Attachment 1: General Plan 2040 Conformity Analysis. For instance, by situating housing near transit and civic resources, such as the Marin Civic Center SMART station and the Marin County Civic Center, the project conforms with the General Plan’s Land Use, Neighborhoods, Conservation and Climate Change, Mobility, and Housing Elements, including Policy LU-1.3: Land Use and Climate Change, Policy NH-4.10: Merrydale Area, Policy C-2.3: Improving Air Quality Through Land Use and Transportation Choices, Policy M-6.1: Encourage Walking and Cycling, and Policy H-3.5: Housing and Greenhouse Gas Emissions. Similarly, an interim shelter for unhoused residents and a subsequent affordable housing development responds to the diverse housing needs of San Rafael residents, which furthers multiple General Plan policies, including Policy LU-2.12: Innovative Housing Types, Policy LU-3.3: Housing Mix, Policy NH-4.1: North San Rafael, Policy H- 4.1: Equitable Distribution of Affordable Housing, Policy H-4.4: Affordability of Projects on Public Land, and Policy EDI-3.2: Affordable Housing Development. Moreover, the Property is designated as Community Commercial Mixed Use on the General Plan 2040 Land Use Map, which allows for residential and commercial uses, including a mix of housing, office, retail, service, and public land uses. Furthermore, the Property is listed in General Plan Appendix A: Development Pipeline – Entitled Projects of the San Rafael Housing Element and identified for future residential development. Consequently, the project’s development of housing onsite conforms with the General Plan Land Use Map and Housing Element. Additionally, the site has a Planned Development (PD) zoning classification that permits all land uses set forth in the High Density Residential (HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). Both multifamily residential and interim shelters, such as an emergency shelter or a low barrier navigation center for unhoused community members are allowable uses in the HR zoning district. Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. Accordingly, the acquisition for the purposes of Interim Shelter and permanent affordable housing development conform with the existing PD zoning classification. Finally, development of the Property will be subject to applicable City development standards at the time of application submission. 6 ENVIRONMENTAL REVIEW A conformity report required by Government Code Section 65402 is not a project within the definition of project as defined by the Public Resources Code Section 21065. (See CEQA Guideline 15378(b)(2),(4),(5)). This conformity report neither approves nor disapproves any project, but rather simply renders an analysis and conclusion regarding whether the purpose of the acquisition conforms with the City’s General Plan. RECOMMENDATION Staff recommend that the Planning Commission adopt the proposed resolution reporting that the City’s acquisition of 350 Merrydale Road and 3833 Redwood Highway conforms with the City’s adopted General Plan. ATTACHMENTS 1: General Plan 2040 Conformity Analysis 2: Resolution Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale LAND USE ELEMENT Policy LU-1.2: Development Timing For health, safety, and general welfare reasons, new development should only occur when adequate infrastructure is available, consistent with the following findings: • The project is consistent with adopted Vehicle Miles Traveled (VMT) standards, as well as the requirements for Level of Service (LOS) specified in the Mobility Element. • Planned circulation improvements necessary to meet City standards for the project have funding commitments and completed environmental review. • Water, sanitary sewer, storm sewer, and other infrastructure improvements needed to serve the proposed development have been evaluated and confirmed to be in place or to be available to serve the development by the time it is constructed. • The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire. Conforms. The City proposes to acquire the property at 350 Merrydale (“Property”) and no development is proposed at this time. Future development at the site was anticipated by the General Plan and it was determined by the General Plan EIR that the existing circulation network would be adequate to serve the Property. The Property would be served by public utilities for water, sanitary sewer, stormwater and other infrastructure. Any development would not be exposed to risks related to sea level rise or wildfire, and flooding would be addressed through the building permit process. While project specific details are not available at this time, the 2040 General Plan evaluated future residential development at the site at a maximum net density of 21.8-43.6 units/net acre and anticipated the future development of the site with a 45-unit townhome project and therefore the proposed acquisition conforms with this policy. Policy LU-1.3: Land Use and Climate Change. Focus future housing and commercial development in areas where alternatives to driving are most viable and shorter trip lengths are possible, especially around transit stations, near services, and on sites with frequent bus service. This can reduce the greenhouse gas emissions associated with motor vehicle trips and support the City’s climate action goals. Conforms. The Property is located in a central area near transit stations with frequent bus service and is located close to the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station. SMART provides service from Larkspur to the Sonoma County Airport. This Property allows for future housing in an area with alternatives to driving and therefore conforms with this policy. Policy LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area. The following provisions Conforms. The land use designation for the site is Community Commercial Mixed Use, which allows for 21.8 to 43.6 units per net acre and a maximum commercial FAR of 0.3. While project specific details are not available at this time, the 2040 General Plan evaluated future residential development at the site at a maximum net density of 21.8-43.6 units/net acre and anticipated the future development of the site with a 45-unit townhome project. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), site is anticipated to accommodate 50-100 units. Future development would be required to comply with the density standard contained in the General Plan and State Density Bonus law and therefore the proposed acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale apply: • The density “range” includes a maximum and minimum. A given General Plan designation may have multiple corresponding zoning districts, including at least one district in which the maximum density may be achieved. Other zoning districts may have maximum densities that are less than the maximum indicated by the General Plan • Calculation of allowable units shall be rounded to the nearest whole number. Where the number is less than 0.5, it shall be rounded down. Where the number is 0.5 or greater, it may be rounded up. • The number of units permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access • (including wildfire evacuation constraints), the adequacy of infrastructure, City design policies, and prevailing densities in adjacent areas. o The maximum net density shown on the General Plan excludes density bonuses that may be provided for affordable housing or other community benefits, in accordance with State law and local policies. • As required by State law, an accessory dwelling unit (ADU) or junior ADU shall not be counted as a dwelling unit for the purposes of calculating net density • Areas in the “Downtown Mixed Use” General Plan category shall be exempt from the requirements of this policy and are instead subject to standards defined by the Downtown Precise Plan. Program LU-1.8B: Minimum Densities. The net density of new development shall be no less than the lower end of the density range specified by the General Plan for that property. Policy LU-1.10: Intensity of Non-Residential Development. Use the Floor Area Ratio limits on Figure 3-2 to determine the square footage of building space allowed on properties with non-residential General Plan designations. The following provisions apply: • As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale • The maximum FAR stated by the General Plan is not guaranteed. The square footage permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access • (including wildfire evacuation constraints), the adequacy of infrastructure, and City design policies. • The maximum FARs shown in Figure 3-2 exclude any residential development on the property. In the event that residential uses or mixed use projects are proposed on these sites, the maximum area is the sum of the FAR allowance plus the residential density allowance for the property. This Clause does not apply to Downtown San Rafael, which is regulated by the Downtown Precise Plan. Policy LU-1.15: Planned Development Zoning. Encourage the use of Planned Development (PD) zoning for development on parcels greater than five acres when the application of traditional zoning standards would make it more difficult to achieve General Plan goals. The PD zoning designation allows flexible design standards that are more responsive to site conditions as well as the transfer of allowable General Plan and zoning density between contiguous sites under common ownership. Conforms. The Property is zoned PD District and therefore conforms with this policy. Policy LU-1.17: Building Heights. Use General Plan Figures 3-3 and 3- 4 as the basis for determining “baseline” maximum building heights in San Rafael. Maximum heights should continue to be codified through zoning and any applicable Specific Plans or Precise Plans. In addition, the following specific provisions related to building heights shall apply: • Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. Hotels outside of the Downtown Precise Plan boundary have a 54-foot height limit. Within Downtown, the height provisions of the Downtown Precise Plan apply (see Figure 3-4). • As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific community benefits are provided, where a Variance or zoning exception is granted, or Conforms. Future development would be evaluated through the planning process and would be required to comply with applicable General Plan standards pertaining to height and State Density Bonus law, if applicable. Therefore, the proposed acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale where a Transfer of Development Rights (TDR) is being implemented. • Heights may be increased by up to six (6) feet above the baseline building heights as necessary to mitigate the exposure of properties to sea level rise and other flooding hazards (e.g., raising the first floor of habitable floor space above anticipated tidal flood elevations). Policy LU-2.12: Innovative Housing Types. Encourage non-traditional and innovative forms of housing that respond to local housing needs, changing demographics, high housing costs, remote work trends, and sustainability goals. Conforms. Future development of this Property responds to the needs of San Rafael’s unsheltered population through temporary housing and access to services. Policy LU-3.2: New Development in Residential Neighborhoods. Preserve, enhance, and maintain the residential character of neighborhoods to keep them safe, desirable places to live. New development, redevelopment of existing buildings, and land use changes within and adjacent to residential areas should: • Enhance neighborhood image and design quality • Incorporate sensitive transitions in height and setbacks from adjacent properties • Preserve historic, unique, and architecturally significant structures • Respect and enhance natural features and terrain • Reduce exposure to hazards, including limited emergency vehicle access • Include amenities such as sidewalks, pathways, trees, and other landscape improvements • Maintain or enhance infrastructure service levels • Meet expected parking demand • Minimize reduction of views, privacy, and solar access for neighboring properties Conforms. The Property is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3), which anticipates future residential development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with applicable development standards, including height, setbacks, parking, affordable housing, and environmental protection measures such as setbacks to creeks and landscaping requirements. Therefore, the acquisition conforms with this policy. Policy LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners. Conforms. Acquisition of the Property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy LU-3-4: Property Maintenance. Require owners to maintain their properties in good condition and appearance and to eliminate unsafe and unhealthy conditions. Conforms. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. The City is proposing to acquire the property and would ensure the property is maintained in good condition and appearance. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy LU-3.4B: Conditions of Approval. Use the development review process to establish conditions of approval, including maintenance of landscaping and other improvements. Use building inspection and code enforcement processes to ensure that these conditions and other mitigation or monitoring responsibilities are carried out. Conforms. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with requirements for stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses. Therefore, the acquisition conforms with this policy. NEIGHBORHOODS ELEMENT Policy NH-4.1: North San Rafael. Maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity and easy access to well-managed open space and parks, convenient shopping and services, and excellent schools. The City is committed to protecting and restoring North San Rafael’s natural environment, investing in multi-modal transportation improvements that make it easier to get around, creating new gathering places and activity centers, sustaining business vitality, and creating new housing options that respond to diverse community needs. Plans for North San Rafael need to recognize that this is a distinct and unique part of San Rafael. Standards for density, design, traffic, and parking shall be tailored to reflect local context. North San Rafael residents will be invited to have a voice at the citywide level and be directly involved in shaping decisions about the future of their community. Conforms. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with this policy. Therefore, the acquisition conforms with this policy. Policy NH-4.9: Neighborhood Character. Strengthen Rafael Meadows and Redwood Village as attractive low to moderate density neighborhoods. Improve connectivity between these neighborhoods and nearby amenities, such as the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center, particularly for local pedestrians and cyclists. Conforms. The Property is planned to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development, which would provide housing in close proximity to the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center, particularly for local pedestrians and cyclists. Policy NH-4.10: Merrydale Area. Encourage attractive, productive land uses along Merrydale Road and Redwood Highway, including housing, commercial, and office uses near the Civic Center SMART station. Any development in this area should have a cohesive and positive impact on North San Rafael, maintain local quality of life, and be compatible with adjacent lower density residential uses. Conforms. The Property is planned to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development, which would provide housing in close proximity to the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with this policy. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale COMMUNITY DESIGN AND PRESERVATION ELEMENT Policy CDP-1.2: Natural Features. Recognize and protect the key natural features that shape San Rafael’s identity, including the Bay, local hills and ridgelines, creeks and wetlands, tree cover, and views of Mt. Tamalpais and other natural landmarks. Height limits and other building standards should respect San Rafael’s natural topography and reinforce its sense of place, including the character and boundaries of individual neighborhoods. Conforms. The Property would be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. The Property is located in an urbanized area, surrounded by existing development of varying scale and intensity While distant hillsides are visible from locations surrounding the Property, there are no unique visual features or scenic resources available at the Property. No development is proposed at this time; however, the future residential development would be evaluated through the planning process to ensure site design elements are designed in accordance with what is appropriate and required for the property and surrounding area. Therefore, the proposed acquisition conforms with these policies. Policy CDP-1.5: Views. Respect and enhance to the greatest extent possible, views to the Bay and its islands; wetlands, marinas, and canal waterfront; hillsides and ridgelines; Mt. Tamalpais; Marin Civic Center; and St. Raphael’s bell tower; as seen from streets, parks, and public pathways. Program CDP-1.5A: Evaluating View Impacts. Consider the impact of proposed development on views, especially views of Mt Tamalpais and nearby ridgelines. Where feasible, new development should frame views of ridges and mountains and minimize reduction of views, privacy, and solar access. Policy CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. Policy CDP-4.10: Landscape Design. Encourage—and where appropriate require—privately owned and maintained landscaping that conserves water, contributes to neighborhood quality, complements building forms and materials, improves stormwater management and drainage, and enhances the streetscape. Natural elements such as plants should be an integral part of site development and should enhance the built environment while supporting water conservation goals. Policy CDP-4.11: Lighting. Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design. Policy CDP-5.13: Protection of Archaeological Resources. Protect significant archaeological resources by: • Consulting the City’s archaeological resource data base prior to issuing demolition or construction permits in known sensitive areas. • Providing information and direction to property owners to make them aware of these resources and the procedures to be followed if they are discovered on-site. • Identifying, when possible, archaeological resources and potential impacts on such resources. • Implementing measures to preserve and protect archaeological resources, including fines and penalties for violations. Conforms. The City plans to use the Property as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. Should it be required when a development is proposed, the City of San Rafael would consult with representatives of the Federated Indians of Graton Rancheria (FIGR) and therefore, the acquisition is consistent with this policy. Policy CDP-5.14: Tribal Cultural Resources. Coordinate with representatives of the Native American community to protect historic Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Native American resources and raise awareness of San Rafael’s Native American heritage. CONSERVATION AND CLIMATE CHANGE ELEMENT Policy C-1.15: Landscaping with Appropriate Naturalized Plant Species. Encourage landscaping with native and compatible non-native plant species that are appropriate for the dry summer climate of the Bay Area, with an emphasis on species determined to be drought-resistant. Diversity of plant species is a priority for habitat resilience. Conforms. The City plans for the Property to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. Therefore, the acquisition conforms with this policy. Policy C-1.19: Light Pollution. Reduce light pollution and other adverse effects associated with night lighting from streets and urban uses. Policy C-2.2: Land Use Compatibility and Building Standards. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards. Policy C-2.3: Improving Air Quality Through Land Use and Transportation Choices. Recognize the air quality benefits of reducing dependency on gasoline- powered vehicles. Implement land use and transportation policies, supportable by objective data, to reduce the number and length of car trips, improve alternatives to driving, reduce vehicle idling, and support the shift to electric and cleaner-fuel vehicles. Program C-2.3A: Air Pollution Reduction Measures. Implement air pollution reduction measures as recommended by BAAQMD’s Clean Air Plan and supporting documents to address local sources of air pollution in community planning. This should include Transportation Control Measures (TCM) and Transportation Demand Management (TDM) programs to reduce emissions associated with diesel and gasoline- powered vehicles. Policy C-2.4: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter from roads, parking lots, construction sites, agricultural lands, wildfires, and other sources. Policy C-3.2: Reduce Pollution from Urban Runoff. Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff. Policy C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks. Policy C-3.8: Water Conservation. Encourage water conservation and increased use of recycled water in businesses, homes, and institutions. Local development and building standards shall require the efficient use Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale of water. Policy C-3.9: Water- Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience goals. Policy C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction. Policy C-4.2B: Green Building Standards. Implement State green building and energy efficiency standards for remodeling projects and new construction. Consider additional measures to incentivize green building practices, low carbon concrete, and sustainable design. Policy C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that reduce energy demand and incorporate resource- and energy-efficient infrastructure. Policy C-5.2: Consider Climate Change Impacts. Ensure that decisions regarding future development, capital projects, and resource management are consistent with San Rafael’s CCAP and other climate goals, including greenhouse gas reduction and adaptation. PARKS, RECREATION, AND OPEN SPACE ELEMENT Policy PROS-1.13: Recreational Facilities in Development Projects. Encourage, and where appropriate require, the construction of on-site recreational facilities in multi-family, mixed use, and office projects to supplement the facilities available in City parks. Conforms. Acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development may consider including on- site recreational facilities. Therefore, the acquisition conforms with this policy. SAFETY AND RESILIENCY ELEMENT Policy S-2.1: Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. Conforms. No development is proposed at this time. Future development would be required to be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the applicable requirements of the California Building Code, San Rafael General Plan Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Program S-2.1B: Geotechnical Review. Continue to require soil and geologic hazard studies and peer review for proposed development as set forth in the City’s Geotechnical Review Matrix. These studies should determine the extent of geotechnical hazards, optimum design for structures and the suitability and feasibility of proposed development for its location, the need for special structural requirements, and measures to mitigate any identified hazards. Periodically review and update the Geotechnical Review Matrix to ensure that it supports and implements the Local Hazard Mitigation Plan by identifying potentially hazardous areas. Consider removing the procedures from the General Plan and instead adopting them as part of the Zoning Ordinance or through a separate resolution. 2040, and San Rafael Municipal Code. A Design-Level Geotechnical Report will be required prior to the issuance of grading or building permits. Therefore, the acquisition conforms with this policy. Policy S-2.5: Erosion Control . Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures should incorporate best management practices (BMPs) and should be coordinated with requirements for on-site water retention, water quality improvements, and runoff control. Conforms. No development is proposed at this time. Future development would be required to prepare a Stormwater Pollution and Prevention Plan (SWPPP) to ensure address erosion impacts during the construction period. Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the project will also be required. Therefore, the acquisition conforms with these policies. Program S-2.5A: Erosion and Sediment Control Plans. Require Erosion and Sediment Control Plans (ESCPs) for projects meeting the criteria defined by the Marin County Stormwater Pollution Prevention Program, including those requiring grading permits and those with the potential for significant erosion and sediment discharges. Projects that disturb more than one acre of soil must prepare a Stormwater Pollution Prevention Plan, pursuant to State law. Program S-2.5B: Grading During the Wet Season. Avoid grading during the wet season due to soil instability and sedimentation risks, Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale unless the City Engineer determines such risks will not be present. Require that development projects implement erosion and/or sediment control measures and runoff discharge measures based on their potential to impact storm drains, drainageways, and creeks. Policy S-3.8: Storm Drainage Improvements. Require new development to mitigate potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. Other measures, such as the use of porous pavement, bioswales, and “green infrastructure” should be encouraged. Program S-3.8A: Storm Drainage Improvements. Consistent with Countywide and regional stormwater management programs, require new development with the potential to impact storm drainage facilities to complete hydrologic studies that evaluate storm drainage capacity, identify improvements needed to handle a 100-year storm, and determine the funding needed to complete those improvements. MOBILITY ELEMENT Policy M-2.5: Traffic Level of Service. Maintain traffic level of service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts (See General Plan Conforms. Development of the site for residential development was evaluated in the General Plan EIR and a full analysis of anticipated impacts to transportation was provided in Chapter 4.16 (Transportation) of the EIR. No impacts were identified related to LOS with General Plan build out and therefore the acquisition is consistent with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale for full policy text). Policy M-2.6: Traffic Mitigation Fees. Collect impact fees for new development based on the expected number of trips a project will generate. Fees should be used to implement transportation improvements as directed by City Council resolution. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to provide fees as necessary. Therefore, the acquisition conforms with this policy. Policy M-3.1: VMT Reduction. Achieve State-mandated reductions in Vehicle Miles Traveled by requiring development and transportation projects to meet specific VMT metrics and implement VMT reduction measures. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be assessed to confirm the level of review required related to VMT. Therefore, the acquisition conforms with this policy. Policy M-3.2: Using VMT in Environmental Review. Require an analysis of projected Vehicle Miles Traveled (VMT) as part of the environmental review process for projects with the potential to significantly increase VMT. As appropriate, this shall include transportation projects and land use/policy plans as well as proposed development projects. Policy M-3.3: Transportation Demand Management Encourage, and where appropriate require, transportation demand measures that reduce VMT and peak period travel demand. These measures include, but are not limited to, transit passes and flextime, flexible work schedules, pedestrian and bicycle improvements, ridesharing, and changes to project design to reduce trip lengths and encourage cleaner modes of travel. Policy M-3.6: Low- Carbon Transportation. Encourage electric and other low-carbon emission vehicles, as well as the infrastructure needed to support these vehicles. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan as related to traffic mitigation, parking experience, and alternative modes of travel. Therefore, the acquisition conforms with this policy. Policy M-7.8: Parking for Alternative Modes of Transportation. Designate parking spaces to incentivize and encourage carpooling, electric vehicles, and other more sustainable modes of travel. Program M-7.8A: Charging Stations. Install additional chargers in public parking lots and garages for electric vehicles and e-bikes. Consider expanding electric charging requirements for private parking lots and structures. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale pedestrian movement, and vehicle traffic circulation. City plans and programs related to SMART should be periodically evaluated based on changes in funding, operating costs, ridership, and other factors impacting service levels. Program M-4.3C: Arrival Experience. Create a welcoming experience for passengers arriving at the Downtown San Rafael and Civic Center stations, including wayfinding signage, easy transfers, and clearly marked, well-lit pathways to nearby destinations. Policy M-5.1: Traffic Calming. Protect residential areas from the effects of speeding traffic or traffic from outside the neighborhood through appropriate traffic calming solutions such as speed humps, bulb-outs, speed limits, stop signs, and chicanes. Traffic calming measures shall not conflict with emergency response capabilities. Policy M-6.1: Encourage Walking and Cycling. Wherever feasible, encourage walking and cycling as the travel mode of choice for short trips, such as trips to school, parks, transit stops, and neighborhood services. Safe, walkable neighborhoods with pleasant, attractive streets, bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity. Policy M-6.3: Connectivity. Develop pedestrian and bicycle networks that connect residents and visitors to major activity and shopping centers, existing and planned transit, schools, and other neighborhoods. Work to close gaps between existing facilities. Funding and prioritization for projects should consider relative costs and benefits, including such factors as safety, number of potential users, and impacts on parking. Policy M-6.7: Universal Design. Design and construct bicycle and pedestrian facilities to serve people of all ages and abilities, including children, seniors, families, and people with limited mobility. COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT Policy CSI-3.2: Mitigating Development Impacts. Engage the Police and Fire Departments in the review of proposed development and building applications to ensure that public health and safety, fire prevention, and emergency access and response times meet current industry standards. Conforms. Future development of the Property for residential uses was evaluated in the General Plan EIR, which determined that the site could be adequately served by existing police and fire service in the City. Future development would be evaluated through the planning and building permit processes to ensure adequate fire access is provided at the Property. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy CSI-4.2: Adequacy of City Infrastructure and Services. As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure. All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers Conforms. Future development of the Property for residential use was evaluated in the General Plan EIR. As detailed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Property would be served by the Las Gallinas Valley Sanitary District, MMWD, and Marin Sanitary. No development is proposed at this time and compatibility with this policy would be verified through the entitlement process. Therefore, the acquisition conforms with this policy. Policy CSI-4.8: Potable Water Supply and Delivery. Work with Marin Municipal Water District (MMWD) to meet projected water demand, encourage water conservation, and ensure the reliability and safety of the water supply and distribution system. Policy CSI-4.9: Wastewater Facilities. Ensure that wastewater collection, treatment and disposal infrastructure is regularly maintained and meets projected needs. Improvements should be programmed to meet state and federal standards, respond to sea level rise and seismic hazards, repair and replace aging or leaking pipes, and protect environmental quality. Policy CSI-4.17: Reducing Landfilled Waste Disposal. Reduce landfilled waste disposal and related greenhouse gas emissions by reducing material consumption; requiring curbside collection and composting of organic materials; increasing recycling, reuse, and resource recovery; and encouraging the use of recyclable goods and materials. HOUSING ELEMENT Policy: H-1.1: Collaboration and Coordination: Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness.  Conforms. The temporary use of the Property as an Interim shelter with services for unhoused individuals that will be made available through a collaboration between the City of San Rafael and County of Marin. Therefore, the acquisition conforms with this policy.  Policy H-1.3: Emergency Shelters: Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. Conforms. The temporary use of the Property as an interim shelter to accommodate unsheltered San Rafael residents. Therefore, the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy H-3.5: Housing and Greenhouse Gas Emissions. Design and locate new housing in a way that supports the city’s greenhouse gas reduction goals. This includes building new housing near transit and in locations where it is easier to walk to shopping, restaurants, services, work, school, and other destinations. It also includes reducing the use of non-renewable fossil fuels through electrification, decreased natural gas use, energy efficiency, and tree planting. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and compatibility with this policy would be verified through the planning process. Future construction would be required to comply with the applicable requirements of the CalGreen Code through the building permit process. Therefore, the acquisition conforms with this policy. Policy H-3.6: Sustainable Design. Encourage the use of building materials, construction methods, and designs that reduce environmental impacts and the consumption of non- renewable resources. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale Policy H-4.1: Equitable Distribution of Affordable Housing: Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. Conforms. The acquisition for permanent affordable housing will result in an affordable housing development in North San Rafael, near Civic Center and SMART station resources.  Therefore, the acquisition conforms with this policy. Policy H-4.3: Affordable Housing Requirements. Require the inclusion of affordable housing units in market-rate housing projects. Ensure that affordable housing requirements are economically viable, do not negatively affect overall housing production, and provide sufficient flexibility for the private sector. When new affordable units are created, pursue deed restriction and affordability terms of at least 55 years so that fewer tenants are at risk of being displaced in any given year. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent one hundred percent affordable housing development, which will more than satisfy the City’s inclusionary housing requirement. Therefore, the acquisition conforms with this policy. Policy H-4.4: Affordability of Projects on Public Land: Prioritize the development of affordable housing rather than market rate units on surplus public land.  Conforms. The acquisition by the City is for the development of a permanent all affordable housing development.  Policy H-4.15: Housing and Infrastructure. Coordinate with water, sanitary sewer, and dry utility service providers to ensure that infrastructure is available to support anticipated housing development. The cost of infrastructure maintenance and improvement should be equitably shared among property owners rather than assigned entirely to new development. Conforms. Future development would be evaluated when through the planning process, including an evaluation of water, sanitary sewer, and utilities. Future development at the site was anticipated by the General Plan and would be served by public utilities for water, sanitary sewer, stormwater and other infrastructure. Therefore, the proposed acquisition conforms with this policy. ECONOMIC VITALITY ELEMENT Policy EV-1.1: Quality of Life. Recognize the importance of a healthy economy to the quality of life, especially the ability to provide excellent schools, public safety services, public works, recreation, housing programs, and other government services. Conforms. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Providing housing will support the overall quality of life and therefore the acquisition conforms with this policy. Attachment 1 General Plan 2040 Conformity Analysis 350 Merrydale DIVERSITY, EQUITY, AND INCLUSION ELEMENT Policy EDI-3.2: Affordable Housing Development. Encourage the development of affordable rental housing to meet the needs of all San Rafael households. Conforms. The acquisition of the Property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. The acquisition would support the provision of affordable housing and therefore, the proposed acquisition conforms with this policy. HOUSING ELEMENT PROGRAMS Program 42: Zoning Text and Map Revisions. Allow Low Barrier Navigation Centers (LBNCs) in mixed use zones. This action is mandated by State law (AB 101). LBNCs are low-barrier, temporary service- enriched shelters that help homeless individuals and families quickly obtain permanent shelter. State law now requires local jurisdictions to allow LBNCs as a permitted use in certain zoning districts, provided they meet specific criteria. These criteria include such features as allowing pets, providing privacy, giving residents the ability to store possessions, use of a coordinated entry system, and providing access to permanent housing. They must be allowed by right in mixed use and nonresidential zoning districts where multi-family housing is permitted. Conforms. Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. The Property has a Planned Development zoning designation as set forth in Ordinance No. 1979, which allows for land uses in the High Density Residential (HR1) District land use classification. The uses allowed in a High Residential District are set forth in SRMC Chapter 14.04 and included mixed use. Use of the Property as an interim shelter conforms with both state law and the program, and the acquisition conforms. - 1 - ATTACHMENT 2 RESOLUTION NO. XX-XX RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION REPORTING ON THE CONFORMITY OF THE ACQUISITION OF 350 MERRYDALE ROAD AND 3833 REDWOOD HIGHWAY (ASSESSOR’S PARCEL NUMBERS 179-041-27 AND 179-041-28) (“PROPERTY”) WITH THE CITY OF SAN RAFAEL’S ADOPTED GENERAL PLAN WHEREAS, California Government Code Section 65402(a) requires that if a General Plan has been adopted, prior to a public entity’s acquisition of real property for a public purpose, the applicable planning agency must report on the conformity of the acquisition with the adopted General Plan; and WHEREAS, in 2021 the City of San Rafael (City) adopted its current General Plan 2040 via City Council Resolution No. 14959; and WHEREAS, San Rafael’s City Council has determined that the City’s Planning Commission under San Rafael Municipal Code (“SRMC”) 2.16.110 shall advise on land use matters requiring City Council action; and WHEREAS, pursuant to California Government Code 65100 et seq. and SRMC 2.16.110, the City’s Planning Commission thus qualifies as the planning agency for the City to advise the City Council on the conformance of the acquisition of property with the City’s’ General Plan; and WHEREAS, the City Council will consider acquiring the property located at 350 Merrydale Road and 3833 Redwood Highway, APN 179-041-27 and 179-041-28, (“the Property”) to serve as an interim shelter, which may include a Low Barrier Navigation Center for unhoused San Rafael residents over the next two to four years followed by a permanent affordable housing development; and WHEREAS, the Property is designated as Community Commercial Mixed Use on the General Plan 2040 Land Use Map, which allows for residential and commercial uses, including a mix of housing, office, retail, service, and public land uses; and WHEREAS, the Property is also listed in General Plan Appendix A: Development Pipeline – Entitled Projects of the San Rafael Housing Element and identified for future residential development; and WHEREAS, Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses; and - 2 - WHEREAS, consistent with the City’s 2023-2031 Housing Element adopted May 15, 2023, Low Barrier Navigation Centers are allowed by right in mixed use and nonresidential zoning districts; and WHEREAS, the Property has a Planned Development zoning designation as set forth in Ordinance No. 1979, which allows for land uses set forth in the High Density Residential (HR1) District land use classification; and WHEREAS, the uses allowed in a High Residential District are set forth in SRMC Chapter 14.04 and include mixed use; and WHEREAS, the acquisition of the Property is consistent with the Property’s General Plan designation and with applicable goals, policies and programs of the General Plan, specifically with policies of the Land Use, Neighborhoods, Community Design and Preservation, Conservation and Climate Change, Mobility, and Diversity, Equity, and Inclusion Elements as detailed in the General Plan Consistency Table, Attachment One, and Housing Element 2023- 2031; and; WHEREAS on November 4, 2025, the Planning Commission held a duly noticed special meeting to consider whether the acquisition of the Property conformed to the City’s General Plan, and accepted all oral and written public comment and the written report of the Community Economic Development Department staff, and NOW THEREFORE BE IT RESOLVED, the Planning Commission finds that the foregoing recitals are true and correct and incorporated by reference and reports that the acquisition of the Property, at 350 Merrydale Road and 3833 Redwood Highway (APN 179-041-27 and 179-041- 28), conforms to the City of San Rafael’s adopted General Plan. SECTION 2. SEVERABILITY If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. Moved by and seconded by . The vote is as follows: AYES: - 3 - NOES: ABSENT: SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Kristina Estudillo Chair 4905-1168-9087 v3 9. Resolution No. 15480 4926-0427-1479 v5 1 RESOLUTION NO. 15480 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $6.7 MILLION, PLUS ASSOCIATED COSTS; TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE OF THE REAL PROPERTY LOCATED AT 350 MERRYDALE ROAD; AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CORNISH AND CAREY COMMERCIAL (D/B/A NEWMARK) IN AN AMOUNT NOT TO EXCEED $201,000 FOR REAL ESTATE BROKERAGE SERVICES RENDERED TO THE CITY FOR THE CITY’S PURCHASE OF 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28); CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION 21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c) [EMERGENCY]; 15332 [INFILL]; 15061(b)(3) [COMMON SENSE]; 15378(b)(4) [FISCAL ACTIVITY] . WHEREAS, the City of San Rafael (“City”) faces a lack of housing supply and affordable housing, as documented in the City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County; and WHEREAS, the City has adopted housing specific goals, policies, and programs to address the lack of housing supply and affordable housing; and WHEREAS, on May 15, 2023 the City Council of the City adopted Resolution No. 15215, adopting the City’s 2023-2031 Housing Element; and WHEREAS, the Housing Element’s Housing Action Plan included Goal H-1: Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing Choice: Meet housing needs through a range of housing choices and affordability levels throughout the city; and WHEREAS, the Housing Action Plan identified policies to advance its goals, including: • Policy H-1.1: Collaboration and Coordination o Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness. • Policy H-1.2: Transitional and Supportive Housing o Support permanent supportive housing for those who are unhoused or at risk of losing their housing. • Policy H-1.3: Emergency Shelters o Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. • Policy H-4.1: Equitable Distribution of Affordable Housing o Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. • Policy H-4.4: Affordability of Projects on Public Land 4926-0427-1479 v5 2 o Prioritize the development of affordable housing rather than market rate units on surplus public land. • Policy H-4.14: Commercial to Residential Conversion o Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing; and WHEREAS, on June 2, 2025 the San Rafael City Council adopted Resolution No. 15420 to adopt the City’s Three-Year Strategic Plan for Fiscal Years 2025-2028; and WHEREAS, the Strategic Plan included 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; and WHEREAS, the Strategic Plan Priority Area D includes Goal D.1.1: In collaboration with the County of Marin, explore the implementation of a housing-focused interim shelter program, supported by robust case management services to assist in transitioning unhoused community members into permanent supportive housing, or other permanent housing solutions; and WHEREAS, the Strategic Plan Priority Area D also includes Goal D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness; and WHEREAS, the Strategic Plan further includes Goal D.2: Advance the development of new housing across all affordability levels to meet the stat’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; and WHEREAS, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s 2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly those with low or very low incomes; and WHEREAS, in 2025 the County of Marin coordinated Rooted in Marin, an analysis of housing in Marin County and strategies for anti-displacement; and WHEREAS, the Rooted in Marin report found that the lack of housing supply and affordable housing in Marin County have led to sustained population loss since 2018, particularly loss of low-income households making less than 50 percent of the area median income (AMI), as well as increased greenhouse gas emissions from workers commuting to Marin County, and lost economic opportunities due to people not being able to afford living in Marin County; and WHEREAS, the City has utilized the real estate brokerage services of Cornish & Carey Commercial (d/b/a Newmark) to locate a property with a willing seller, which City could purchase to use as an interim shelter and/or permanent affordable housing within the City limits in fulfillment of City goals; and 4926-0427-1479 v5 3 WHEREAS, Newmark is a real estate brokerage firm, providing a full range of commercial real estate services to its clients, and is located in San Rafael, with specific knowledge of the San Rafael real estate market; and WHEREAS, the purchase of real estate requires specialized knowledge best provided by licensed real estate professionals; and WHEREAS, in the spring of 2025, Newmark informed the City about the opportunity to purchase 2.5 acres of property located at 350 Merrydale Road/3833 Redwood Highway and identified as Marin County Assessor’s Parcel Number (APN): 179-041-27 and 179-041-28 (hereinafter referred to as “Property”) shortly after the Property was listed for sale; and WHEREAS, Ridgewood Properties Partnership, LLC, a California Limited Liability Company and Merrydale-Clayton LLC, a California Limited Liability Company (collectively, “Owners”) presently own the Property, WHEREAS, City retained a certified appraiser to prepare an appraisal of the Property for the City; WHEREAS, staff has negotiated a Purchase and Sale Agreement and Joint Escrow Instructions (“Purchase and Sale Agreement”) with the Owners; WHEREAS, the purchase price for the Property is consistent with its appraised fair market value; and WHEREAS, the City intends to use the Property for an interim shelter, which includes a low barrier navigation center, to provide shelter to 65 individuals at a given time, with good faith efforts to prioritize placement of unhoused individuals located at the City’s current Sanctioned Camping Area, followed by the Andersen Road Encampment, and then other encampments in the City at the interim shelter on the Property; and WHEREAS, the City also intends to use the Property for 80 units of permanent affordable housing, and the City will make a good faith effort to keep affordability levels as low as possible dependent on funding and other factors developed in the project’s proforma; and WHEREAS, on November 4, 2025, the City’s Planning Commission adopted Planning Commission Resolution No. 25-07, rendering a report that the City’s acquisition of the Property conformed with the City’s General Plan; and WHEREAS, to advance the goals of reducing homelessness and providing more affordable housing opportunities, the City and County of Marin (“County”) have agreed to partner on the acquisition of the Property, which will serve initially as an interim shelter for unhoused individuals and subsequently a permanent affordable housing development project, with the County providing an $8 million grant (“Grant”) to finance City’s purchase of the Property and 4926-0427-1479 v5 4 WHEREAS, to use the Property as an interim shelter and permanent affordable housing, allowing the use of the City and County’s State Encampment Resolution Fund- Round 3 Grant to operate an interim shelter; and WHEREAS, at its November 18, 2025, meeting, the County’s Board of Supervisors will consider authorizing the making of the Grant based on the terms and conditions as set forth in the Grant Agreement and the Affordable Housing Agreement attached to the accompanying staff report; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. Findings: a. Based upon the accompanying staff report, its attachments, the staff presentation and written and verbal comment submitted before and during the public hearing, the City Council finds the foregoing recitals true and correct. b. California Environmental Quality Act (“CEQA”). Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or conveyance by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8698.4(a)(4).) Further, the underlying projects, a temporary homeless shelter or low barrier navigation center, are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b) (see also Gov. Code sections 65660(b), 65662). The proposed future affordable housing project is also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill). Approval of the brokerage agreement does not constitute a project pursuant to CEQA Guideline 15378(b)(4), and even if it did constitute a project, approval of the brokerage agreement is exempt from CEQA pursuant 15061(b)(3) under common sense that it can be seen that the brokerage agreement will not result in an impact to the environment. Finally, adoption of this Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. The procurement of professional services by Newmark is exempt from competitive bidding pursuant to San Rafael Municipal Code Section 2.55.100.D and Newmark has demonstrated the competence and the necessary real estate license to render real estate brokerage services. 2. The purchase price for the Property is consistent with the appraiser’s determination of the fair market value of the Property; 3. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager is authorized to negotiate and execute the Purchase and Sale Agreement for the Property, subject to such further minor conforming, technical or clarifying changes or revisions as may be agreed to and approved by the City Manager and City Attorney, which do not materially increase the obligations of the City thereunder, and to execute said Purchase and Sale Agreement for the Property after the Court hears the application for an ex parte order filed on November 12, 2025, by the petitioners/plaintiffs in Ken Dickinson,et al. v City of San Rafael, et al., Marin Superior Court Case No. CV 008170, provided the Court 4926-0427-1479 v5 5 rules on the application for the ex parte order on or before November 24, 2025; if the Court does not rule on the application for the ex parte order by 5:00 p.m. on November 24, 2025, and the County has authorized the execution of the County Grant Agreement, upon the recommendation of the City Attorney, the City Manager is authorized to sign the Purchase and Sale Agreement; and 4. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager is authorized to execute ancillary documents that are necessary to compete the purchase, including a certificate of acceptance of a Grant Deed of the Property, each in a form approved by the City Attorney or designee; and 5. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager is authorized to execute the professional services agreement with Cornish and Carey Commercial (doing business as Newmark) for real estate brokerage services rendered to the City for the City’s purchase of the Property in an amount not to exceed $201,000, and to execute said professional services agreement after the Court hears the application for an ex parte order filed on November 12, 2025, by the petitioners/plaintiffs in Ken Dickinson,et al. v City of San Rafael, et al., Marin Superior Court Case No. CV 008170, provided the Court rules on the application for the ex parte order on or before November 24, 2025; if the Court does not rule on the application for the ex parte application by 5:00 p.m. on November 24, 2025, and the County has authorized the execution of the County Grant Agreement, upon the recommendation of the City Attorney, the City manager is authorized sign the professional services agreement; and 6. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager or designee is authorized to take any action necessary or incidental to carrying out the intention of this Resolution, including, but not limited to, repayment of the $155,341.80 amount Sellers paid to Las Gallinas Valley Sanitary District within one (1) year after the close of escrow, payment of transaction costs which are customary for a buyer to pay and performing City’s obligations under the Purchase and Sale Agreement. 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 17th day of November 2025, by the following vote, to wit: AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill Lindsay Lara, City Clerk 4905-1168-9087 v3 10. Resolution No. 15479 RESOLUTION NO. 15479 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT BETWEEN THE CITY AND COUNTY OF MARIN IN THE AMOUNT OF $8 MILLION AND AFFORDABLE HOUSING AGREEMENT IN A FORM TO BE APPROVED BY THE CITY ATTORNEY TO FACILITATE THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28) FOR USE AS AN INTERIM SHELTER AND PERMANENT AFFORDABLE HOUSING AND TO ACCEPT THE FULL AMOUNT OF THE GRANT AND APPROPRIATE $7.0 MILLION TO COVER COSTS RELATED TO ACQUISITION; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION 21080(b)(1)[MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c) [EMERGENCY]; 15332 [INFILL] WHEREAS, the City of San Rafael faces a lack of housing supply and affordable housing, as documented in the City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County; and WHEREAS, the City has adopted housing specific goals, policies, and programs to address the lack of housing supply and affordable housing; and WHEREAS, on May 15, 2023 the San Rafael City Council adopted Resolution No. 15215, adopting the City’s 2023-2031 Housing Element; and WHEREAS, the Housing Element’s Housing Action Plan included Goal H-1: Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing Choice: Meet housing needs through a range of housing choices and affordability levels throughout the city; and WHEREAS, the Housing Action Plan identified policies to advance its goals, including: e Policy H-1.1: Collaboration and Coordination o Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness. e Policy H-1.2: Transitional and Supportive Housing o Support permanent supportive housing for those who are unhoused or at risk of losing their housing. e Policy H-1.3: Emergency Shelters o Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. e Policy H-4.1: Equitable Distribution of Affordable Housing o Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. e Policy H-4.4: Affordability of Projects on Public Land o Prioritize the development of affordable housing rather than market rate units on surplus public land. e Policy H-4.14: Commercial to Residential Conversion 4915-0440-7928 v1 1 o Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing; and WHEREAS, on June 2, 2025 the San Rafael City Council adopted Resolution No. 15420 to adopt the City’s Three-Year Strategic Plan for Fiscal Years 2025-2028; and WHEREAS, the Strategic Plan included 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; and WHEREAS, the Strategic Plan Priority Area D includes Goal D.1.1: In collaboration with the County of Marin, explore the implementation of a housing-focused interim shelter program, supported by robust case management services to assist in transitioning unhoused community members into permanent supportive housing, or other permanent housing solutions; and WHEREAS, the Strategic Plan Priority Area D also includes Goal D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness; and WHEREAS, the Strategic Plan further includes Goal D.2: Advance the development of new housing across all affordability levels to meet the stat’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; and WHEREAS, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s 2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly those with low or very low incomes; and WHEREAS, in 2025 the County of Marin coordinated Rooted in Marin, an analysis of housing in Marin County and strategies for anti-displacement; and WHEREAS, the Rooted in Marin report found that the lack of housing supply and affordable housing in Marin County have led to sustained population loss since 2018, particularly of low-income households making less than 50 percent of the area median income (AMI), as well as increased greenhouse gas emissions from workers commuting to Marin County, and lost economic opportunities due to people not being able to afford living in Marin County; and WHEREAS, in the spring of 2025, Newmark informed the City about an opportunity to to purchase the 2.5 acres property located at 350 Merrydale Road/3833 Redwood Highway, Assessors Parcel Number (APN): 179-041-27 and 179-041-28 (hereinafter referred to as “Property”), which had been placed on the open market for sale by its owners; and WHEREAS, on November 17, 2025, the City Council adopted a resolution declaring a Shelter Crisis pursuant to the Shelter Crisis Act (Gov. Code section 8698 et seq.) 4915-0440-7928 v1 2 WHEREAS, the City now desires to acquire and use the Property for an interim shelter, which includes a low barrier navigation center, to provide shelter to up to 65 individuals at a given time, with good faith efforts to prioritize placement of unhoused individuals located at the City’s current Sanctioned Camping Area, followed by the Andersen Road Encampment, and then other encampments in the City at the interim shelter on the Property; and WHEREAS, the City later intends to use the Property for up to 80 units of permanent affordable housing, and the City will make a good faith effort to keep affordability levels as low as possible dependent on funding and other factors developed in the project’s proforma; and WHEREAS, to advance the goals of reducing homelessness and providing more affordable housing opportunities, the City and County of Marin (“County”) have agreed to partner on the acquisition of 350 Merrydale, which will serve initially as an interim shelter for unhoused individuals and subsequently a permanent affordable housing development project, with the County providing an $8 million grant (“Grant”) for the acquisition of the Property to use it as an interim shelter and permanent affordable housing, allowing the use of the City and County’s State Encampment Resolution Fund- Round 3 Grant to operate an interim shelter; and WHEREAS, at its November 18, 2025, meeting, the Board of Supervisors will consider authorizing the making of the Grant based on the terms and conditions as set forth in the Grant Agreement and the Affordable Housing Agreement attached to the accompanying staff report; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. Findings: a. Based upon the accompanying staff report, its attachments, the staff presentation and written and verbal comment submitted before and during the public hearing, the City Council finds the foregoing recitals true and correct. b. California Environmental Quality Act (“CEQA”). Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or an encumbrance of land owned by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further, execution of the Grant Agreement and Affordable Housing Agreement is exempt from CEQA review pursuant to CEQA Guideline 15061(b)(3), because it can be seen with certainty that there is no possibility that their execution may have a significant effect on the environment. The underlying projects, a temporary homeless shelter or low barrier navigation center are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.) The proposed interim shelter and future affordable housing project are also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the attached CEQA memo (Attachment 7). Finally, adoption of this Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. 4915-0440-7928 v1 3 2. The City Manager is authorized to negotiate and execute the grant agreement in the amount of $8 million with the County of Marin and the Affordable Housing Agreement with the County of Marin in a form to be approved by the City Attorney or designee to facilitate the acquisition of the Property for use as an interim shelter and permanent affordable housing; and 3. The City Manager is authorized to accept the full amount of the Grant and to appropriate $7 million, to cover costs related to acquisition of the Property; and 4. The City Manager or designee is authorized to take any action necessary or incidental to carrying out the intention of this Resolution. ], 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 17' day of November 2025, by the following vote, to wit: AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill K Ka Lindsay Lara, City Clerk 4915-0440-7928 v1 4 4905-1168-9087 v3 11. Staff Report from City Council meeting on 11/17 ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 6.a Meeting Date: November 17, 2025 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: John Stefanski, Assistant City Manager Greg Minor, Assistant Director Community & Economic Development Daniel Cooperman, Community Services Division Director City Manager Approval: ______________ TOPIC: DECLARATION OF SHELTER CRISIS AND APPROVAL OF RELATED ACTIONS AND ACQUISITION OF THE PROPERTY LOCATED AT 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28) FOR USE AS AN INTERIM SHELTER AND AFFORDABLE HOUSING SUBJECT: CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSIDERATION OF: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A SHELTER CRISIS PURSUANT TO GOVERNMENT CODE SECTION 8698, ET SEQ; CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: NOT A PROJECT PER CEQA GUIDELINES 15378(b)(2),(4),(5); ALTERNATIVELY EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY] 2. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ.; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b), 65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY] 3. AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ.; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b), 65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY] SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 4. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT BETWEEN THE CITY AND COUNTY OF MARIN IN THE AMOUNT OF $8 MILLION AND AFFORDABLE HOUSING AGREEMENT IN A FORM TO BE APPROVED BY THE CITY ATTORNEY TO FACILITATE THE ACQUISITION OF REAL PROPERTY LOCATED AT 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28) FOR USE AS AN INTERIM SHELTER AND PERMANENT AFFORDABLE HOUSING AND TO ACCEPT THE FULL AMOUNT OF THE GRANT AND APPROPRIATE $7.0 MILLION TO COVER COSTS RELATED TO ACQUISITION; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION 21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c) [EMERGENCY]; 15332 [INFILL] 5. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $6.7 MILLION, PLUS ASSOCIATED COSTS; TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE OF THE REAL PROPERTY LOCATED AT 350 MERRYDALE ROAD AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CORNISH AND CAREY COMMERCIAL (D/B/A NEWMARK) IN AN AMOUNT NOT TO EXCEED $201,000 FOR REAL ESTATE BROKERAGE SERVICES RENDERED TO THE CITY FOR THE CITY’S PURCHASE OF 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28); CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION 21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c) [EMERGENCY]; 15332 [INFILL]; 15061(b)(3) [COMMON SENSE]; 15378(b)(4) [FISCAL ACTIVITY] RECOMMENDATION: Staff recommends that the City Council take the following actions:  Adopt the above-referenced resolution declaring a shelter crisis in San Rafael pursuant to California Government Code Section 8698, et seq.  Waive further reading, refer by title only, and adopt the above-referenced urgency ordinance adopting reasonable local standards and procedures for homeless shelters pursuant to Government Code Section 8698, et. seq.  Introduce, waive further reading and refer by title only to the above referenced ordinance adopting reasonable local standards and procedures for homeless shelters pursuant to Government Code Section 8698, et. seq.  Adopt the above-referenced resolution authorizing the City Manager to negotiate and execute a Grant Agreement between the City and the County of Marin in the amount of $8 million and an Affordable Housing Agreement in a form to be approved by the City Attorney to facilitate the acquisition of real property located at 350 Merrydale Road (APNs 179-41-27 & 179-041-28) for use as an interim shelter and permanent affordable housing and to accept the full amount of the grant and appropriate $7 million to cover costs related to the acquisition. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3  Adopt a resolution authorizing the City Manager to negotiate and execute a purchase and sale agreement in the amount of $6.7 million, plus associated costs, a certificate of acceptance and other documents necessary to complete the purchase of the real property located at 350 Merrydale Road and to execute a professional services agreement with Cornish and Care Commercial (d/b/a Newmark) in an amount not to exceed $201,000 for real estate brokerage services rendered to the City for the City’s purchase of 350 Merrydale Road APNs 179-41-27 & 179-041-28). EXECUTIVE SUMMARY: The City has an opportunity to acquire a 2.5-acre property at 350 Merrydale Road /3833 Redwood Highway (Property) to serve as an interim shelter for up to 65 unhoused individuals on a temporary basis, followed by a permanent affordable housing development of up to 80 units. Implementing an interim shelter program and developing affordable housing will address San Rafael’s shortage of affordable housing and substantial number of unsheltered residents and, in doing so, advance the City’s housing and homelessness goals. This opportunity is a product of a collaboration with the County of Marin, and the property was selected following a multi-year search for a viable location. Accordingly, staff recommends that the City Council declare a shelter crisis in alignment with the new state law and authorize the acquisition of the Property to serve as an interim shelter on a temporary basis, followed by a permanent affordable housing development. BACKGROUND: San Rafael’s Housing Landscape San Rafael and Marin County lack both housing supply and affordable housing. The City’s 2023-2031 Housing Element1, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County, document these unfortunate realities, as well as the negative consequences of insufficient housing opportunities. For instance, the Rooted in Marin report noted that Marin County has the third highest median rental rate in California and the cost of purchasing an average home is more expensive in Marin County than every metropolitan area other than the San Jose Metro Area (Rooted in Marin p.20). As a result, roughly three in five Marin renter households are cost-burdened, meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21). The high cost of housing in Marin County is largely due to a lack of housing supply, which is the result of a dearth of housing construction in recent decades, as demonstrated in Figure One below. 1 This staff report contains hyperlinks to other documents. The hyperlinked documents are incorporated by reference and may be referenced by clicking on the hyperlink, or alternatively, contacting the City Clerk’s Office for a copy of the referenced document. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Figure One: Marin County Housing Stock by Tenure and Age (Source: Rooted in Marin p.24) The lack of new housing stock has led to rising Marin County median housing prices, which increased by over $1 million in the eight-year period between 2013 and 2021, from $966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9). Over that same period, median household income in Marin County only increased by 45 percent (Id.). The consequences of a lack of housing supply and affordable housing in Marin County include a sustained population loss since 2018, particularly of low-income households making less than 50 percent of the area median income (AMI). Figure Two displays this outmigration trend of lower-income households with a net migration rate of -33.5 per 1,000 households compared to higher-income households net migration rate of 4.7 per 1,000 households. Figure Two: Net Migration Rate for Marin County (2010 to 2023) (Source: Rooted in Marin p.14, U.S. Census Bureau, 2023 American Community Survey) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Marin County’s lack of affordable housing pushes much of the county’s workforce to live outside of Marin County; for example, 64 percent of Marin County workers and 67 percent of San Rafael’s regular full- time employees live outside of Marin County (Rooted in Marin, p.26). Marin County’s reliance on an external workforce makes it harder for Marin employers to retain employees, increases greenhouse gas emissions, and reduces economic growth from the missed property taxes and consumer spending that would take place if more people could afford to reside in Marin County (Rooted in Marin, p.27 and The Worrisome Future of Marin Housing, p.2 and p.10). With respect to San Rafael, the City’s 2023-2031 Housing Element, a state-mandated planning document to guide long-term growth and development, identified similar housing challenges to Marin County as a whole. For example, the Housing Element found that San Rafael renters are considerably cost-burdened (spending more than 30 percent of one’s income on housing). As shown in Figure Three, 55 percent of San Rafael renters were cost-burdened, and 21 percent of San Rafael’s renter households were severely cost-burdened (spending more than 50 percent of their income on housing). Figure Three: Percent of Income Spent on Housing by San Rafael Owners and Renters (Source: 2023-2031 Housing Element p.3-26) The high cost of housing in San Rafael impacts different demographic groups to different degrees due to income variations across demographic groups. For instance, only one-third of non-Hispanic White households in San Rafael were paying more than 30 percent of their incomes on housing compared to 38 percent for Asian households, 56 percent for Black households, and 60 percent for Latino households (2023-2031 Housing Element p.3-28). Furthermore, nearly 40 percent of the city’s Latino households pay more than half their household incomes on housing costs (Id.). Similarly, overcrowding is also far more prevalent among Latino households than among White households. Data from the 2015-2019 ACS indicates that 50.9 percent of all Latino households in San Rafael experience overcrowded conditions, compared to 1.3 percent among White, non-Hispanic households (2023-2031 Housing Element p.3-30). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 Figure Four: San Rafael Cost Burdened Households by Race and Ethnicity (Source: 2023-2031 Housing Element, p.3-29) Ultimately, the City’s Housing Element concluded that while San Rafael is the most racially, ethnically, and economically diverse city in Marin County, its income distribution has become less balanced over time, with growing numbers of residents in poverty and growing numbers of high-income households.2 These housing constraints and broader economic pressures continue to exacerbate a housing and homelessness crisis within the City as well as the County and State. Homeless Point-in-Time Count Homelessness remains a significant challenge across the United States, and San Rafael is no exception. According to the U.S. Department of Housing and Urban Development’s 2024 Annual Homelessness Assessment Report (AHAR) to Congress, an estimated 771,480 individuals experienced homelessness during the January 2024 Point-in-Time count, an 18% increase from 2023, representing the largest one- year rise ever recorded. Among these, approximately 152,585 individuals were identified as chronically homeless, reflecting a continuing upward trend seen in recent years. California alone accounts for 187,084 homeless individuals, with close to 70,000 being chronically homeless, reflecting a 74% rise since 2017. Alarmingly, 66% of California's homeless population was unsheltered, comprising nearly half of all unsheltered homeless individuals nationwide. Like other jurisdictions in California, homelessness continues to present a significant challenge for our region and community. The 2024 Marin County Point-in-Time Count identified 1,090 individuals experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals experiencing homelessness, including 264 unsheltered. This represents more than one third of Marin County’s unsheltered population. This same point in time count found that 39 percent of the County’s homeless population stated economic issues as the precipitating cause that led to their homelessness, up from 31 percent in the 2022 count. Of note, 62% of the County’s homeless population resided within Marin County prior to becoming homeless. 2 For example, in 2018, roughly 14 percent of the city’s residents lived below the federal poverty line, up from 10 percent in 2000. Conversely, the percentage of families with household incomes over $200,000 increased from 15.7 percent in 2010 to 27.7 percent in 2018. The data suggests not only a declining “middle class” but a growing number of residents facing social and economic challenges (See Housing Element p.1-2). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 State Guidance Regarding Encampments In May 2025, Governor Newsom released a model ordinance directing local jurisdictions to take immediate action to abate encampments. While this model ordinance included components included in the City’s existing camping ordinance, it also created significant pressure for the City as well as other jurisdictions to respond swiftly to unsheltered homelessness. While enforcement expectations are rising, the City also recognizes its responsibility to act with compassion. Providing humane, service-oriented alternatives-such as interim shelter, is essential to balancing State directives with the City’s values and housing first principles. By creating safe, structured shelter options, the City can both comply with the State’s call for resolving encampments and ensure that individuals are not displaced without access to shelter and case management. The City’s Adopted Homelessness and Housing Goals To address the lack of housing supply and affordable housing in San Rafael, the City has adopted homelessness and housing specific goals, policies, and programs. For example, in June 2025 the San Rafael City Council adopted a Three-Year Strategic Plan for Fiscal Years 2025-2028 that includes 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. Furthermore, Strategic Plan Priority Area D includes the following goals and objectives: • Goal D.1: Collaborate with the County of Marin and other community partners to implement comprehensive strategies that prevent and reduce homelessness. o Objective D.1.1: In collaboration with the County of Marin, explore the implementation of a housing-focused interim shelter program, supported by robust case management services to assist in transitioning unhoused community members into permanent supportive housing, or other permanent housing solutions; and o Objective D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness; and • 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. Prior to adopting the City’s current Strategic Plan, in 2023, San Rafael adopted its 2023-2031 Housing Element with the overarching purpose of providing housing opportunities across all income levels. The Housing Element’s Housing Action Plan included Goal H-1: Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing Choice: Meet housing needs through a range of housing choices and affordability levels throughout the city (Housing Element p. 6-2). The Housing Action Plan then identified policies and programs to advance these goals, including: • Policy H-1.1: Collaboration and Coordination o Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness. • Policy H-1.2: Transitional and Supportive Housing o Support permanent supportive housing for those who are unhoused or at risk of losing their housing. • Policy H-1.3: Emergency Shelters o Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 • Policy H-4.1: Equitable Distribution of Affordable Housing o Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. • Policy H-4.4: Affordability of Projects on Public Land o Prioritize the development of affordable housing rather than market rate units on surplus public land. • Policy H-4.14: Commercial to Residential Conversion o Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing. Finally, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s 2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly those with low or very low incomes. The City’s Camping Ordinance In July 2023, the City Council voted to amend the City’s longstanding camping ordinance (San Rafael Municipal Code Chapter 19.50) to regulate camping in a manner that complied with the then-governing Martin v. Boise decision. Shortly after the City adopted its new ordinance amendments, a group of plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on Americans with Disabilities Act (ADA) claims and other legal theories, in particular that the City’s camping ordinance constituted a “state created danger”. In response, the court entered a temporary restraining order and, later, a preliminary injunction that effectively blocked the City’s ability to enforce its own local camping regulations. During the period of the preliminary injunction, the City’s ability to regulate the Mahon Creek Path Area encampment became significantly constrained. However, the City still took action utilizing other regulatory avenues to mitigate the broader public health and safety impacts of the encampment on the surrounding community. For example, in October and November 2023, the City enforced its fire code to abate the fire risks associated with the proliferation of wooden pallets and illegal wooden structures in the Mahon Creek Path Area encampment. From December 2023 to February 2024, the City attempted in good faith, to implement the Camping Ordinance under the restrictions and direction issued by the Federal District Court. Through this multi- month effort, the City attempted to work with the California Homeless Union and members of the Mahon Creek Path Area encampment to designate campsites and establish voluntary compliance with the direction of the Court. This work was ultimately abandoned as we could not achieve the level of cooperation needed in order for that approach to be effective. The City then focused its attention towards amending the camping ordinance to address the concerns of the court, and to create a regulatory framework that we could use to mitigate impacts of unsanctioned encampments. In May 2024, the City Council voted to further amend Chapter 19.50, by adopting Ordinance 2035, to address the concerns expressed by the Federal District Court in its injunction order. In August 2024, the Court granted the City’s motion to dismiss the injunction. Since that time, the City has made additional amendments to the Camping Ordinance to address concerns around fire severity zones, as well as to clarify language around unpermitted structures and add additional safety setback requirements. City staff continue to regularly enforce the Camping Ordinance The history and litigation involving the Camping Ordinance informs the City’s approach to partnering with the County of Marin on homelessness, specifically the provision of shelter space. The preliminary injunction specifically referenced the lack of established, safe, temporary/interim shelter for those experiencing homelessness; indicating the need for doing so in an environment where 72% of the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 County’s homeless population is unsheltered. Post litigation, the City manages its legal risk of prohibiting areas to camping by coupling those efforts with providing interim shelter or sanctioned areas for individuals to camp and sleep. For example, the opening of the Sanctioned Camping Area coincided with expansions of the camping prohibitions along the Mahon Creek Path and elsewhere in the City. Further amendments to the Camping Ordinance were also made possible through the existence of the Sanctioned Camping Area. However, with the current capacity of 50 beds, future expansions of prohibitions on camping additional areas of the City will require increased interim shelter capacity, as proposed at the Merrydale site. City Efforts to Address and Resolve Homelessness For more than a decade, the City of San Rafael has been taking steps to address and resolve homelessness in our community. These include: • In 2021, the City launched the Services Support Area (SSA) to provide a safe area for up to 49 individuals to reside temporarily and to easily connect to services providers for needed housing- based case management. These efforts led to 31 out of 47 individuals receiving a permanent supportive housing voucher, and successfully securing housing. • The City and County of Marin jointly applied for and received approximately $6M in Encampment Resolution Funding – Round 3 Grant Funding for a two-phase interim shelter program which led to the establishment of the Sanctioned Camping Area along the Mahon Creek Path (Phase 1). The Sanctioned Camping Area, which opened in October 2024 has continued to house approximately 50 individuals and connect them to housing-based case management and other support services. All individuals at the Sanctioned Camping Area are receiving housing based case management services. • The City and County entered into a Collaborative Agreement that established a framework and formal partnership that enhances interagency cooperation to better address the needs of those experiencing homelessness. • Through the County’s 50 percent matching program for City-run homeless service programs, the City has contributed funding for a full-time equivalent dedicated Housing-Based Case Manager position. • The City’s Affordable Housing Trust Fund has invested more than $3M for supportive housing developments, such as the Casa Canal (3301 Kerner) and Jonathan's Place projects. The City has also utilized $250,000 in state encampment resolution fund grants to expand case management services in partnership with the County of Marin.   • The City’s SAFE (Specialized Assistance for Everyone) team, a mobile mental health crisis response unit operated by Petaluma People Services Center, addresses various crises and provides critical support, operating twelve hours a day, seven days a week. The City initially allocated $775,000 for a three-year pilot program to fund this critical mental health support service.   • Other efforts include high utilizer case management programs, mobile showers services provided by Redwood Gospel Missions, and a fully dedicated Community Mental Health Liaison who works for the San Rafael Police Department. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10 • The City has only three full-time employees dedicated to homelessness services, all of which are funded by the City’s General Fund. The City does not receive any direct, ongoing funding from the State or Federal government to support this work.     • In 2023, the City worked with Davidson Middle School to provide additional security services for children walking to and from the school near the Mahon Creek Path Area encampment. In addition, the City took steps to successfully close Lindaro Street to camping, to provide children with a clear path to walk to school. The lack of adequate shelter options in the County has been a priority for the City over the last decade. While the City does not directly provide social services to support the homeless population, as the urban and economic center for the County and the jurisdiction with the most County and non-profit Health and Human Service providers, the impacts of homelessness on the City have been disparate and significant when compared to other cities and towns in Marin. Given this, the City has continually partnered with the County of Marin to identify creative solutions to this lack of shelter space. First through the Services Support Area and then with the current Sanctioned Camping Area, the City and County have been able to successfully pilot what an interim shelter program could look like in San Rafael, gaining important experience and learnings on how such programs can successfully operate, how they can directly support and benefit the individuals experiencing homeless and resolve broader community concerns regarding impacts of unregulated homelessness on commercial corridors, small businesses, perceptions of safety and cleanliness, shared public spaces, and neighborhoods. On January 30, 2023, the City Council held a special study session to specifically discuss criteria for evaluating potential sites for a sanctioned tiny home village. The session was a part of the City’s broader strategy to address homelessness through interim housing solutions. At that time, the City Council reviewed and discussed a draft set of evaluation criteria to guide the selection of a site for a tiny home village These criteria included: • Site Suitability: o Minimum lot size and flat topography o Access to utilities (water, sewer, electricity) o Environmental constraints (e.g., flood zones, hazardous materials) • Accessibility: o Proximity to public transportation o Walking distance to services (e.g., grocery stores, healthcare, employment centers) • Neighborhood Context: o Compatibility with surrounding land uses o Opportunities for community integration • Ownership and Control: o Publicly owned land preferred o Willingness of private owners to lease or sell o Zoning and General Plan consistency • Operational Feasibility: o Ability to secure a service provider o Site security and management logistics o Cost of site preparation and ongoing operations • Community Engagement: o Opportunities for public input o Mitigation of neighborhood concerns SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11 The Council at that time directed staff to use these criteria to evaluate potential sites and return with recommendations. San Rafael is a fully built out city, meaning that most likely a potential project would have to be on an infill property (vacant, existing property). Given this context, the ability of the City to satisfy all of these criteria, while aspirational, would be and has been a challenging endeavor. More recently, the City Council has discussed the need to establish more interim shelter facilities within the City and the County as a whole. More recently, the concept of an interim shelter was discussed by the City Council at the August 19, 2024 City Council Meeting, November 4, 2024 City Council Meeting, with the Homelessness Solutions Working Group, as well as through the City Council’s adopted Three- Year Strategic Plan. San Rafael’s multifaceted and collaborative efforts underscore a commitment to addressing homelessness through both immediate and long-term solutions. Yet, despite these efforts there remains an acute shelter crisis in San Rafael which requires both the City and County of Marin to explore options and create solutions to best support the most vulnerable in obtaining safe and dignified shelter options. Legislative Discretion for Shelter Crises In December 2018, the City of San Rafael formally declared a shelter crisis under California Government Code § 8698.2 (via Resolution No. 14612), as a necessary step to access one-time state funding under the Homeless Emergency Aid Program (HEAP). In making this declaration, the City recognized that the number of people experiencing homelessness at that time—233 individuals in San Rafael as identified in the 2017 Point-in-Time Count—exceeded available shelter and housing capacity, posing serious public health and safety risks to unsheltered residents. The declaration did not impose new regulatory burdens but enabled the City to apply for and receive critical capital and program funding to expand shelter, outreach, diversion, and permanent housing efforts. Since this time there have been numerous updates to state law regarding these declarations and therefore require an updated declaration. In September 2024, Governor Newsom signed Senate Bill (SB) 1395. This legislation builds upon California's existing Shelter Crisis Act framework, which authorizes local governing bodies to declare shelter crises upon making specified findings, including but not limited to findings that a significant number of persons within the jurisdiction are without the ability to obtain shelter, and that the situation has resulted in a threat to health and safety of those persons. Once a shelter crisis is declared, the Shelter Crisis Act suspends certain state and local laws and regulations that would hinder rapid deployment of homeless shelters, allowing jurisdictions to adopt reasonable local standards for shelter design, development, and operations. SB 1395 extended these emergency provisions from their 2026 sunset date to 2036 and expanded California Environmental Quality Act (CEQA) exemptions to include service contracts for shelters established under the Act. Additionally, the legislation strengthens the state's Low Barrier Navigation Center provisions, originally established to create by-right zoning for service-enriched shelters in mixed-use and certain non- residential zones. The bill removed the 2027 sunset date for these navigation center provisions, making them permanent, while clarifying that such facilities may be non-congregate and relocatable. The legislation also broadens CEQA exemptions for local agency activities related to navigation centers and expands Housing First requirements to encompass all state-funded emergency shelter and interim housing programs. These amendments collectively extend and enhance the regulatory flexibility first established under the Shelter Crisis Act, providing local jurisdictions with continued tools to address homelessness while SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 12 maintaining the state's commitment to Housing First principles as the foundation for all homelessness interventions. Recently, the County of Marin declared a shelter crisis to create some flexibility to address homelessness through the creation of shelters and other support structures. 350 Merrydale Road and Efforts to Identify an Interim Shelter Site Over the last two years, the City has been searching for a viable site to house an interim shelter within the City limits without success. The City’s search was guided by site criteria based on prior City Council direction, best practices and the types of properties that other California jurisdictions have utilized for interim shelters. Site criteria included price range, size, ample flat and accessible space for an interim shelter program, potential for development into affordable housing, proximity to transit, and ability to utilize without major community disruptions. This led to City staff exploring over 20 properties in addition to City-owned parcels. Unfortunately, none of the property owners of the 20 private properties identified were willing to lease or sell the property to the City at an acceptable and financially viable price. Figure Five: Proposed Site Locations 301 Smith Ranch Road 700 Irwin Street 70 Skyview Terrace 70 Union Street 245 Nova Albion Way BMW Dealership Parcel 702 D Street Parking Lot at Four Points by Sheraton 826 B Street Northgate Mall Parking Lot 523 4th Street 3rd Street Garage Windward Way Parcel Villa Inn/Sloat Nursery 100 Yacht Club Drive Albert Park Tennis Courts Third and Tamalpais Menzies Parking Lot 101/Andersen Drive City Hall Parking Lot 350 Merrydale Road Property is 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 property is recorded by the Marin County Assessor as Assessor’s Parcel Numbers (APN) 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. In terms of surrounding land uses, commercial businesses adjoin the property 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. In 2018 the City received an application to develop 45 townhomes for sale at the property. The townhome project received land use approvals in 2020, and extensions were granted in 2022 and 2024 but as of SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13 the date of this report, the property owner has not proceeded with construction activities and earlier this year placed the property up for sale. ANALYSIS: Considering the passage of SB 1395 and the City’s housing and homelessness goals, staff recommends that the City Council declare a new shelter crisis and adopt legislation to authorize the acquisition of 350 Merrydale Road to serve as an interim shelter on a temporary basis followed by a permanent affordable housing development. Declaring a New Shelter Crisis in San Rafael Why Declare a Shelter Crisis? Declaring a shelter crisis provides relief from existing regulations and processes that make it difficult or impossible to act quickly in addressing immediate shelter needs. The discretion offered by SB 1395 and other related state legislation allows the City to create innovative shelter solutions in ways that meet the urgency of the situation, and which otherwise may be infeasible or prohibited. Furthermore, by declaring a shelter crisis, the City is emphasizing that it recognizes the urgency of the growing number of individuals in our community who are experiencing homelessness and the impact of this on our shared public spaces and community. Upon declaring a shelter crisis, the City would be then empowered to take steps to mitigate the crisis. Government Code Section 8698 permits cities to adopt an ordinance establishing reasonable local standards and procedures for the design, site development and operation of low barrier navigation centers and homeless shelters and the structures therein, provided they meet the requirements of the 2019 California Residential Code Appendix X and California Building Code Appendix O or any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. These codes define what sorts of structures or facilities qualify as emergency shelter and establish minimum standards for health, safety, and sanitation. Once the City has codified such standards, via ordinance, they may be applied to permit emergency shelter or low barrier navigation centers in the city during the time that the shelter crisis declaration is in effect. The Shelter Crisis declaration requires the City to submit an annual report to the State Legislature on shelter capacity, resident outcomes, and actions taken to reduce homelessness. This reporting obligation will also serve as a tool for the City to track progress, evaluate the effectiveness of new shelter initiatives, and maintain transparency with the community. By documenting outcomes such as the number of shelter beds created, the number of individuals served, and the pathways to permanent housing, San Rafael can demonstrate accountability while using the data to guide future investments and program improvements. The reporting metrics required by the state are not cumbersome and will be a part of data set that the City is incorporating as it continues to monitor its progress in reducing homelessness within the City. Findings to Declare a Shelter Crisis in San Rafael For the City to declare a shelter crisis, it must first find that a significant number of persons within the City of San Rafael are without the ability to obtain shelter. As highlighted in this report, the 2024 Marin County Point-in-Time Count identified that San Rafael had 326 individuals experiencing homelessness, including 264 or 81% of the population unsheltered. Furthermore, this represents more than one-third of Marin County’s total unsheltered population. The number of available year-round shelter beds in Marin County remains far below the need. Per Marin County Health and Human Services (HHS), the County’s homelessness response system currently supports approximately 235 shelter beds across multiple sites (individual, family, youth, Domestic SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 14 Violence survivors, temporary emergency response) and 108 transitional housing beds. Meanwhile, the 2024 count found a total of 1,090 persons experiencing homelessness in Marin County, of whom approximately 788 (about 72%) were unsheltered. Accordingly, there are a significant number of persons within the City of San Rafael who are without the ability to obtain shelter. Further highlighting the need for emergency shelter beds, over the last three years, the Ritter Center, one of the largest non-profits in Marin County serving the unhoused community, found that only one out of four individuals they referred to shelter were accepted. In addition, a declaration of a shelter crisis must be supported by a finding that homelessness conditions pose a threat to the health and safety of individuals experiencing homelessness. Since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024, the City has actively tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public safety outcomes. (See City Council Agenda Item 6. Staff Report for April 7, 2025 meeting.) Between April and September 2024, the City recorded an average of 32 CFS per month associated with encampments. During the first 12 months following ordinance adoption (October 2024–September 2025), the number of CFS averaged 35 per month. This modest change reflects more consistent and coordinated enforcement rather than an increase in incidents as this figure includes Campsite Warning Reports which are initiated by staff, not the community. During the same period, Campsite Warning Reports—the method by which the City enforces the camping ordinance-- decreased by nearly 39%, suggesting improved compliance and understanding of new camping regulations. These citywide trends are mirrored in historically impacted areas, where calls have declined significantly. Along the Mahon Creek Path, calls for service decreased by over 80% between fiscal year 2023–24 and fiscal year 2024–25 (256 to 49), and) and calls along Andersen Drive and Lindaro Street fell by more than 50% (65 to 32). These reductions demonstrate the effectiveness of targeted outreach, proactive site management, and the City’s engagement with service providers. However, the remaining calls—primarily medical aid, welfare checks, and other safety-related responses—underscore that individuals who remain unsheltered continue to experience ongoing risks to their health and safety. For example, in the first quarter of fiscal year (July-September 2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to assist an individual experiencing homelessness. The Emergency Housing Voucher (EHV) Program, first administered by the U.S. Department of Housing and Urban Development (HUD) in 2021 to assist individuals and families experiencing or at risk of homelessness, is slated to lose funding in late 2026. If this funding is not renewed, the impacts will be acutely felt in Marin County, which already faces one of the largest affordable housing gaps in California. Without sustained EHV support, vulnerable households—including those exiting homelessness, fleeing domestic violence, or living with disabilities—would lose a vital stream of assistance that helps them remain stably housed. This would place added strain on local programs managed by the Marin Housing Authority, leaving the county’s 115 EHV recipient households at risk of eviction and deepening housing insecurity among historically marginalized residents. At the same time, uncertainty surrounding the federal government and the ongoing shutdown threatens to cut off access to the Supplemental Nutrition Assistance Program (SNAP) for hundreds of Marin County residents—further destabilizing low-income families who rely on federal safety-net programs for basic needs such as food and shelter. Taken together, the data shows that while enforcement and outreach strategies have reduced large unsanctioned encampments and improved compliance with the Camping Ordinance, a substantial number of people continue to live outdoors without safe or stable shelter. Their continued and frequent interaction with first responders for emergency health and safety needs illustrates persistent exposure to harm. Accordingly, these conditions meet the threshold under California Government Code §8698 for SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15 declaring a shelter crisis, as homelessness in San Rafael continues to pose a direct and ongoing threat to the health and safety of those experiencing it. Staff is recommending the City Council adopt a resolution (Attachment 1) declaring a shelter crisis in San Rafael because the situation of people living without shelter or in severely substandard conditions is such that immediate improvement in their conditions in warranted to support their health and safety while the City and private entities are pursing permanent housing. Concurrent with the action of declaring a shelter crisis, staff is recommending the City Council adopt an urgency ordinance (Attachment 2) adopting local standards and procedures for the design and site development of shelters for people experiencing homelessness and the structures and facilities therein at the City Manager’s discretion for projects of the City of San Rafael on city owned or leased property to provide emergency housing and declaring the urgency thereof, to take effect immediately. In addition, with this action, staff is also recommending the City Council introduce and waive the first reading for an Ordinance (Attachment 3) adopting local standards and procedures for the design and site development of shelters for people experiencing homelessness and the structures and facilities therein at the City Manager’s discretion for projects of the City of San Rafael on city owned or leased property to provide emergency housing and declaring the urgency thereof. This two-ordinance approach is to provide the City Manager with this delegated authority immediately until the second ordinance takes effect on December 31, 2025, 30 days from its second reading on December 1, 2025. Innovative Partnership for Affordable Housing and Interim Shelter In furtherance of the City’s homelessness and housing goals and policies, since July 2024 City staff has been meeting with representatives from the County of Marin’s County Executive Office and Health and Human Services Department to explore new and innovative approaches to developing much needed affordable housing and interim shelter in the County. Over the course of this time, the City and County have developed a Cooperative Agreement, as well held County Supervisor & City Council Joint Housing and Homelessness Meetings on October 14, 2024 and April 18, 2025 to discuss how both agencies can work together to address our communities most pressing issues around homelessness and housing. As a result of these efforts, the City and County are ready to memorialize their new partnership with the County Agreement and County Affordable Housing Agreement (Attachment 4). The County of Marin has offered to provide funding to purchase the real property located at 350 Merrydale Road for use as an interim shelter and future permanent affordable housing in San Rafael. While the City works to entitle the property for affordable housing, the City and County wish to put the property to use to help address homelessness, specifically within the City of San Rafael, by establishing a limited-term interim shelter project. With this approach, the City and County can leverage the City and County’s State Encampment Resolution Fund- Round 3 Grant, in a manner that improves the interim shelter for unhoused residents by providing a location away from the road, improved access to facilities, and improved shelter, such as tiny cabins, which mitigates risks that unhoused individuals face. Specifically, upon approval by the Marin County Board of Supervisors, the County of Marin will provide a grant (Attachment 4) to the City of $8,000,000 to support the purchase of the property and initial set-up of the interim shelter under the following conditions: • Ownership and Management o City will purchase and own the property, manage setup of the interim shelter site, and provide public safety services (Police/Fire/SAFE Team). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 16 • Interim Shelter Operations o City and County will split the operating costs until June 30, 2027. o Up to two extensions beyond June 30, 2027, based on available funding per a City-led fundraising campaign, in collaboration with the County o Site closure no later than June 30, 2029. o Maximum of 65 individuals will be served at any one time. Through program attrition and contingent upon available funding, no more than 70 unique individuals may be eligible to participate in the program with priority placement given in this order; (1) current Sanctioned Camping Area participants, (2) Andersen Drive Encampment; (3) other encampments in the City of San Rafael. o No new entries within one year of anticipated closure unless the City and/or County raises either public or private funds to continue the operation of the interim shelter in a manner similar to and of the same standard as its operation in its initial year. • Affordable Housing Development o City to entitle property for 80 units of affordable housing by June 30, 2028. o City will make good faith effort to keep affordability levels as low as possible. o County will contribute $100,000 per entitled unit, up to 80 units; If less than 80 units are entitled, the City will refund the County $100,000 per unit. o If the property is not entitled with 80 units of affordable housing by June 30, 2028, or the City otherwise defaults on either the Grant Agreement or Affordable Housing Agreement, the City must reimburse the County the full grant of $8 million. The Affordable Housing Agreement has no end date. The interim shelter project qualifies as a Low Barrier Navigation Center because it provides individualized private sleeping units, allowing residents dignity and privacy while they work toward long-term permanent housing. The program welcomes the “3P’s (pets, possessions, and partners) that often prevent people from accessing shelter services and will comply with Chapter 6.5 (commencing with section 8255) of Division 8 of the Welfare and Institutions Code. The site will be operated in partnership with experienced service providers who will be present on-site daily to offer housing-based case management, behavioral health support, and other wraparound services as will be outlined in each resident’s individualized service plan. Additionally, the project will be fully integrated with Marin County’s Coordinated Entry System and Homeless Management Information System (HMIS), enabling staff on-site to conduct assessments, making referrals, and connect participants to various permanent housing pathways to expedite positive housing outcomes. These combined elements of the project ensure that the shelter is accessible, person- centered, and focused on assisting individuals in transition to permanent housing as quickly as possible. The owners of 350 Merrydale Road, Ridgewood Properties Partnership, LLC and Merrydale-Clayton, LLC (collectively, “Owners”), have agreed to sell the City the Property for $6,700,000. The parties have negotiated a Purchase and Sale Agreement that requires City and Owners to open an escrow and City to deposit $350,000 into that escrow within three business days after the Purchase and Sale Agreement is fully executed. Escrow will immediately release the deposit to the Owners, and the deposit will be nonrefundable unless the Owners breach the Purchase and Sale Agreement or one or more of the Owners’ representations in the Purchase and Sale Agreement is untrue on the Closing Date. The proposed purchase price is consistent with the City’s appraisal. In addition, the property owner will pay fifty percent of the connection fee required by the Las Gallinas Valley Sanitary District (LGVSD), approximately $156,000, out of escrow to preserve the sewer capacity associated with the entitled 45- unit townhome development. If the City decides that it cannot benefit from the connection fee, it will seek a refund of the amount paid from LGVSD to the extent provided by the LGVSD’s policies. If the City SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 17 decides that the future affordable housing development will benefit from the connection fee, the City will have to pay the outstanding connection fee to LGVSD. Regardless, the City will reimburse the Seller for the amount of the connect fee payment made from escrow by the seller within one-year of the closing date. The authorization for the City Manager to make this repayment is requested in the Resolution associated with the purchase and sale agreement (Attachment 5). The purpose of this is to preserve this portion of the existing entitlement for any future affordable housing development on the site. Finally, should there be any legal challenges to the City’s purchase of the Property, the City will be required to indemnify the Sellers, as well if there are any legal proceedings following the close of escrow for to an occurrence on the Property after the City takes ownership of the Property. Accordingly, staff recommends that the City Council adopt the Resolution (Attachment 4) authorizing the City Manager to negotiate and execute the grant agreement and affordable housing agreement with the County of Marin to support this partnership for affordable housing and interim shelter. Furthermore, staff recommends that the City Council adopt the Resolution (Attachment 5) authorizing the City Manager to negotiate and enter into a purchase and sale agreement and ancillary documents for the property located at 350 Merrydale Road and enter into a professional services agreement with Cornish and Carey Commercial (doing business as Newmark) in an amount not to exceed $201,000 to serve as the City of San Rafael’s real estate broker. Alignment with Adopted City Goals and Policies While the 350 Merrydale Road project is not a panacea for all of San Rafael and Marin County’s housing challenges, implementing an interim shelter for homeless residents and facilitating an affordable housing development at 350 Merrydale Road will advance many of the City Council’s adopted housing goals, as demonstrated below in Figure Five. Figure Six: 350 Merrydale Road Alignment with City Goals Plan Goal/Policy 350 Merrydale Road Project Strategic Plan Objective D.1.1: In collaboration with the County of Marin, explore the implementation of a housing- focused interim shelter program, supported by robust case management services to assist in transitioning unhoused community members into permanent supportive housing, or other permanent housing solutions. Project built on collaboration with County and first phase centered around implementation of interim shelter. Strategic Plan Objective D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness. Partnering with the County unlocks $8 million in funding for the interim shelter. Strategic Plan Goal D.2: Advance the development of new housing across all affordability levels to meet the stat’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. Affordable housing development will provide housing at the most needed affordability levels. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 18 Housing Element Goal H-1: Homelessness: End and prevent homelessness in San Rafael Interim shelter will transition homeless into permanent housing and affordable development will reduce cost burden for future tenants. Housing Element Goal H-4: Housing Choice: Meet housing needs through a range of housing choices and affordability levels throughout the city Affordable housing development will provide housing at the most needed affordability levels. Housing Element Policy: H-1.1: Collaboration and Coordination: Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness. Interim shelter will serve homeless individuals through City-County collaboration. Housing Element Policy H-1.2: Transitional and Supportive Housing: Support permanent supportive housing for those who are unhoused or at risk of losing their housing. Interim shelter will provide supportive services for homeless individuals. Housing Element Policy H-1.3: Emergency Shelters: Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. The first phase of the project consists of an interim shelter. Housing Element Policy H-4.1: Equitable Distribution of Affordable Housing: Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. The second phase of the project will result in an affordable housing development in North San Rafael, near Civic Center and SMART station resources. Housing Element Policy H-4.4: Affordability of Projects on Public Land: Prioritize the development of affordable housing rather than market rate units on surplus public land. The permanent housing will be an all-affordable development. Housing Element Policy H-4.14: Commercial to Residential Conversion: Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing. Adapts unused buildings onsite for interim shelter services and eventually permanent affordable housing development. Equity, Diversity, and Inclusion Element Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly those with low or very low incomes. Affordable housing development will provide permanent housing for low and very low-income residents. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 19 On November 4, 2025, at a special meeting, pursuant to Government Code Section 65402, the City’s Planning Commission considered whether the proposed purchase of the Property would conform with the City’s General Plan. The Planning Commission adopted Planning Commission Resolution No. 25- 07 reporting that the proposed purchase of the Property for use as an interim shelter and affordable housing conformed to the City’s General Plan (Attachment 6.). In addition to advancing the City’s housing goals, the acquisition of 350 Merrydale Road addresses the practical challenge of locating a site that meets various criteria for a successful project. This property is the most feasible and cost-effective location. The property consists of over 2.5 acres, including a large surface parking lot and existing utilities; this provides for quick site preparation, and sufficient space for both an interim shelter and onsite supportive services in the short term and a permanent affordable housing development in the long term. 350 Merrydale Road is also attractive due to its proximity to the Marin Civic Center SMART station, the Civic Center itself, and the US 101 freeway, grocery stores, and community services; these resources can benefit both interim shelter residents and affordable housing tenants. Ultimately, viable locations such as 350 Merrydale Road are rare, as demonstrated by the extensive search over the last two years to secure a suitable site. ENVIRONMENTAL REVIEW: Although this staff report discusses a series of actions related to addressing the housing shortage in San Rafael, each action (either introduction or adoption of an ordinance or adoption of a resolution) serves different purposes and can be implemented independently. Accordingly, the environmental review for each action is discussed below. Attachment 1. Declaration of Shelter Crisis Resolution. The California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) defines a project “as an activity that may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code Sec. 21065.) CEQA Guideline 15378 (b)(2), (4), (5) excludes from the definition of a project general policy, fiscal, and administrative activities. The declaration of a shelter crisis is a finding that existing conditions satisfy certain criteria in state law. The proposed resolution does not require any City action. Accordingly, the proposed resolution is not subject to CEQA because it does not constitute a project. To the extent that it did constitute a project, it would be exempt from further CEQA review pursuant to CEQA Guideline 15061(b)(3) because there is no possibility that the declaration of a shelter crisis may have a significant effect on the environment since it merely is finding that existing conditions meet certain criteria. Adoption of this resolution is also exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. Specific actions necessary to prevent or mitigate an emergency are exempt from CEQA. (Cal. Pub. Res. Code Sec. 21080(b)(4); CEQA Guideline 15269(c).) An emergency means “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services.” (Cal. Pub. Res. Code Sec. 21060.3; CEQA Guideline 15369.) As demonstrated throughout this staff report, the lack of affordable housing throughout San Rafael and the County has reached a tipping point due to the uncertainty of federal housing programs and other safety net programs under the current federal administration. As of the writing of this staff report, the nation is experiencing the impacts of an unprecedented shutdown of the federal government. Attachments 2 and 3. The Urgency Ordinance and Ordinance. The Ordinances are not considered projects under CEQA because they involve general policy, fiscal, and administrative activities. (See Cal. Pub. Res. Code Sec. 21065; Gov. Code Sec. 65660(b), 65662; CEQA Guideline 15378(b)(2), (4), (5).) Both Ordinances are implementing the provisions of Government Code 8698.1 and 8698.4, which shall apply upon a declaration of a shelter crisis. To the extent the ordinances did constitute a project, they SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 20 would be exempt from further CEQA review pursuant to CEQA Guideline 15061(b)(3) because there is no possibility that the ordinances may have a significant effect on the environment since they merely are finding that existing conditions meet certain criteria. Finally, adoption of these Ordinances is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. Attachment 4. Resolution Authorizing County Agreements. Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or an encumbrance of land owned by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further, the agreements are exempt from CEQA review pursuant to CEQA Guideline 15061(b)(3), because the agreements will not have a significant effect on the environment. The underlying projects, a temporary homeless shelter or low barrier navigation center are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.) The proposed future affordable housing project is also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the attached CEQA memo (Attachment 7). Finally, adoption of this Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. Attachment 5. Resolution to Acquire 350 Merrydale Road and to Approve Real Estate Brokerage Agreement. Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or conveyance by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further, the underlying projects, a temporary homeless shelter or low barrier navigation center are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.) The proposed future affordable housing project is also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the attached CEQA memo. Approval of the brokerage agreement does not constitute a project pursuant to CEQA Guideline 15378(b)(4), and even if it did constitute a project, approval of the brokerage agreement is exempt from CEQA pursuant 15061(b)(3) under common sense that it can be seen that the brokerage agreement will not result in an impact to the environment. Finally, adoption of this Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. COMMUNITY OUTREACH & NEXT STEPS: The City is leading community outreach and engagement efforts related to the proposed interim shelter, in coordination with the County. The City is committed to an ongoing and transparent public process that ensures community feedback is acknowledged, responded to, and integrated into the project’s design and operations. The pending purchase and proposed land uses for the site, were publicly announced on October 15, 2025, after real-estate negotiations were finalized. Real-estate discussions were held in closed session, consistent with State law to protect the public’s financial interest. Early disclosure can cause sellers to increase prices or withdraw properties. Once the purchase price was secured between the City and County was reached – both agencies immediately moved to inform the community. The project team conducted a comprehensive outreach effort to ensure the surrounding community is informed, heard, and engaged. Staff outreached a total of 121 households and 23 businesses in the immediate neighborhood, speaking to residents and business owners while distributing informational flyers to those who were not home. A virtual community meeting was held on October 28th to provide an SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 21 overview of the interim shelter program, share details about site operations, and answer questions from residents. In addition, an in-person, publicly noticed, community open house was held on November 6th, offering an opportunity for residents to provide their feedback directly to the Mayor and City Councilmembers, and for residents to engage with staff, service providers, and project partners to answer specific questions and discuss concerns. To ensure that residents and businesses who live and work in close proximity to the site are aware of these opportunities, city staff conducted door-to-door outreach in the surrounding neighborhood, distributing informational flyers and speaking directly with households and business owners. This combination of virtual, in-person, and on-the-ground engagement was designed to create multiple entry points for meaningful community participation. Important community feedback was received as a result of these efforts and which will continue to inform site operations, safety concerns and neighborhood impacts (as discussed earlier in this report). The City continues to keep the project webpage up to date, including Frequently Asked Questions, and responses to feedback received from the community: Interim Shelter Site at 350 Merrydale Road - San Rafael. If the City Council approves of staff’s recommendations, the work to establish the interim shelter would begin. Staff would develop a preliminary interim shelter site plan, and a detailed public engagement plan. The input received by the community thus far would inform both documents. The City and County would also hold multiple community meetings to follow up on the input received thus far, for example: • The Good Neighbor Policy (quiet hours, loitering around the site and in nearby public spaces, etc.) • Preliminary interim shelter site plan (i.e., entrance/exit location, location of units on property), • Site Security and Neighborhood Safety (i.e., increased security patrols in and around the site and along the SMART Pathway, regular maintenance of surrounding public spaces, etc.). • Program Design (i.e., prohibiting registered sex offenders from participating, opportunities for community to engage with participants, etc.) • Public Engagement Plan. The City and County developed a draft Good Neighbor Policy, which sets clear expectations for safety, communication, and ongoing feedback if the site opens, as well as clear communication channels. The first version of this Good Neighbor Policy was shared with the community and staff incorporated their feedback to revise the document into a second version. The current (second) version of this policy is attached to the Grant Agreement with the County. The City and County will hold additional community meetings in the coming months to receive more input on the Good Neighbor Policy before it is finalized. The City and County will report out on how public feedback received from these meetings has been and incorporated into the final site design, program operations, and Good Neighbor Policy. In addition, staff would recommend that the City Council approve the procurement of cabins and related materials at a public meeting, complete the necessary site improvements and utility connections, and the City’s Building Official issuance of building permits for the interim shelter. If approved, staff anticipate the interim shelter would open in approximately six months. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 22 Staff would also return to the City Council in Q3 of Fiscal Year 2025-26 with an evaluation of the City’s regulations for camping on public property (Camping Ordinance), which would include a staff recommendation to prohibit camping within 2,000 feet of 350 Merrydale (capturing all of the Rafael Meadows neighborhood), as well as recommendations to improve the ordinance, and to facilitate the closure of the Andersen Drive encampment. With respect to the permanent affordable housing development, if approved, staff would take steps to identify an affordable housing developer, negotiate a disposition and development agreement, and entitle the affordable housing project, The first step would consist of City staff releasing a Request for Proposals (RFP) to solicit proposals from affordable housing developers. After reviewing the RFP responses, City staff would return to City Council with a recommendation on which affordable housing developer the City Council should authorize entering into an Exclusive Negotiating Agreement (ENA) with. If the City enters an ENA with an affordable housing developer, the City and the developer would negotiate the terms of a disposition and development agreement, after which the developer would submit an application with the City’s Planning Division and move through the land use approval process before June 2028. If the land use entitlements were obtained, the developer would submit architectural plans that the City’s Building Division and Fire Department will review for safety. Following plan check approval from the Building Division and Fire Department and building permit issuance, the developer would then commence construction of the affordable housing development. FISCAL IMPACT: The acquisition of 350 Merrydale Road would be fully funded by the County of Marin through a grant agreement. Annual interim shelter operating costs are estimated to be approximately $2M annually and would be split evenly between the City and the County of Marin through June 30, 2027. Funding for this is made possible through a braided funding approach that combines resources from the City and County’s State Encampment Resolution Fund- Round 3 Grant, the County’s Affordable Housing Trust Fund, and local contributions from both the City and County. Continued operations beyond June 30, 2027 would be supported through fundraising efforts and philanthropic donations. The County’s Grant provides $100,000 per unit of affordable housing entitled for the property, up to a maximum amount of $8,000,000. If less than 80 units of affordable housing are ultimately entitled, then the City would refund the County $100,000 per unit. This refund would be provided from the General Fund. If the City does not entitle the property by June 30, 2028, the City would refund the entirety of the $8M grant. The total cost of the transaction is $6,953,500 which includes the property purchase ($6,700,000), brokerage fees ($201,000), legal ($50,000), and property appraisal ($2,700). OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the staff recommendation. 2. Direct staff to return with more information. 3. Do not approve the staff recommendation. RECOMMENDED ACTION: Staff recommends that the City Council take the following actions:  Adopt the above referenced resolution declaring a shelter crisis in San Rafael pursuant to California Government Code Section 8698, et seq. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 23  Waive further reading, refer by title only, and adopt the above-referenced urgency ordinance adopting reasonable local standards and procedures for homeless shelters pursuant to Government Code Section 8698, et. seq.  Introduce, waive further reading and refer by title only to the above referenced ordinance adopting reasonable local standards and procedures for homeless shelters pursuant to Government Code Section 8698, et. Seq.  Adopt the above-referenced resolution authorizing the City Manager to negotiate and execute a Grant Agreement between the City and the County of Marin in the amount of $8 million and an Affordable Housing Agreement in a form to be approved by the City Attorney to facilitate the acquisition of real property located at 350 Merrydale (APNs 179-41-27 & 179-041-28) for use as an interim shelter and permanent affordable housing and to accept the full amount of the grant and appropriate $7 million to cover costs related to the acquisition.  Adopt a resolution authorizing the City Manager to negotiate and execute a purchase and sale agreement in the amount of $6.7 million, plus associated costs, a certificate of acceptance and other documents necessary to complete the purchase of the real property located at 350 Merrydale Road and to execute a professional services agreement with Cornish and Care Commercial (d/b/a Newmark) in an amount not to exceed $201,000 for real estate brokerage services rendered to the City for the City’s purchase of 350 Merrydale Road (APNs 179-41-27 & 179-041-28). ATTACHMENTS 1. Resolution for Shelter Crisis 2. Urgency Ordinance 3. Ordinance 4. Resolution regarding County Grant and Affordable Housing Agreements 5. Resolution regarding purchase of property located at 350 Merrydale Road and brokerage agreement 6. Planning Commission Resolution No. 25-07 7. CEQA Memo 8. County Grant Agreement 9. County Affordable Housing Agreement 10. Purchase and Sale Agreement 11. Real Estate Brokerage Agreement 12. Public Comments Received 4926-4741-9768 v1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A SHELTER CRISIS PURSUANT TO GOVERNMENT CODE SECTION 8698, ET SEQ; CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: NOT A PROJECT PER CEQA GUIDELINES 15378(b)(2),(4),(5); ALTERNATIVELY EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY] WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County, document these unfortunate realities, as well as the negative consequences of insufficient housing opportunities; and WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third highest median rental rate in California and the cost of purchasing an average home is more expensive in Marin County than every metropolitan area other than the San Jose Metro Area (Rooted in Marin p.20); and WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened, meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21); and WHEREAS, the lack of new housing stock has led to rising Marin County median housing prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from $966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9); and WHEREAS, over that same period median household income in Marin County only increased by 45 percent; and WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply, which is the result of a dearth of housing construction in recent decades; and WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states that San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a percentage of total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7 percent in 2020. This is lower than the vacancy rate in Marin County, which was 7.2 percent in 2010 and 6.6 percent in 2020.; and WHEREAS, the Housing Element found that San Rafael renters are considerably cost-burdened (spending more than 30 percent of one’s income on housing), with 55 percent of San Rafael renters being cost-burdened and 21 percent of San Rafael’s renter households being severely cost-burdened (spending more than 50 percent of their income on housing); and 4926-4741-9768 v1 WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals experiencing homelessness, including 264 unsheltered; and WHEREAS, per Marin County Health and Human Services, the County’s homelessness response system currently supports approximately 235 shelter beds across multiple sites, including individual, family, youth, domestic violence survivor, and temporary emergency response shelters, along with 108 transitional housing beds. These available beds fall far short of meeting the need identified in the 2024 Count; and WHEREAS, further highlighting the need for emergency shelter beds, over the last three years, the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused community, found that only one out of four individuals they referred to shelter were accepted. WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024, which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public safety outcomes; and WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80% between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and Lindaro Street fell by more than 50% (65 to 32); and WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site management, and the City’s engagement with service providers; and WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related responses—underscore that individuals who remain unsheltered continue to experience ongoing risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September 2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to assist an individual experiencing homelessness; and WHEREAS, activities carried out at unauthorized encampments may cause additional sanitation, health and safety impacts to the surrounding community and natural environment; and WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of affordable permanent housing in the city of San Rafael demonstrate that there is a significant and immediate need for interim housing in the City, including emergency shelters and low barrier navigation centers, to protect the life, health, and safety of people experiencing homelessness; and WHEREAS, strict compliance with the provisions of state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, safety, and environmental impact assessment may prevent, hinder, or delay emergency housing measures that could be expedited through a Declaration of Shelter Crisis; and 4926-4741-9768 v1 WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of residents are without shelter and the situation presents a threat to their health and safety; and WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and safety by enabling the City to promptly implement homeless shelters that meet reasonable health and safety standards; and WHEREAS, the City Council further finds that such immediate actions are necessary to mitigate an imminent emergency due to the ongoing affordable housing shortage, for the purposes of the California Environmental Quality Act (“CEQA”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that: 1. Based on the staff report, staff presentation and public comment received, the City Council hereby finds: a. That the foregoing recitals are hereby true and correct; and incorporated by reference; and b. That a significant number of persons within the City are without the ability to obtain shelter: and c. That this situation constitutes a threat to the health and safety of those persons. d. That the adoption of this resolution does not constitute a project as defined in Public Resources Code Section 21065 because this resolution is simply a declaration that existing conditions meet certain state law criteria. (See also CEQA Guideline 15378 (b)(2), (4), (5).) Further, to the extent that it did constitute a project, it would be exempt from further CEQA review pursuant to CEQA Guideline 15061(b)(3) because there is no possibility that the declaration of a shelter crisis may have a significant effect on the environment since it merely is finding that existing conditions meet certain criteria. Finally, adoption of this resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. 2. The City Council hereby declares that a shelter crisis as that term is used in Government Code Section 8698(d) exists within the City of San Rafael. 3. This resolution shall take effect immediately upon adoption and shall remain in effect until terminated by the City Council. 4. Any one of the reasons stated herein as support for the declaration of a shelter crisis forms a sufficient basis on which to base that determination independent of any other justification for the determination. 4926-4741-9768 v1 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 17th day of November 2025, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________ Lindsay Lara, City Clerk 4915-9294-8600 v1 1 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b), 65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY] WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County, document these unfortunate realities, as well as the negative consequences of insufficient housing opportunities; and WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third highest median rental rate in California and the cost of purchasing an average home is more expensive in Marin County than every metropolitan area other than the San Jose Metro Area (Rooted in Marin p.20); and WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened, meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21); and WHEREAS, the lack of new housing stock has led to rising Marin County median housing prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from $966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9); and WHEREAS, over that same period median household income in Marin County only increased by 45 percent; and WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply, which is the result of a dearth of housing construction in recent decades; and WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states that San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a percentage of total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7 percent in 2020. This is lower than the vacancy rate in Marin County, which was 7.2 percent in 2010 and 6.6 percent in 2020.; and WHEREAS, the Housing Element found that San Rafael renters are considerably cost-burdened (spending more than 30 percent of one’s income on housing)with 55 percent of San Rafael renters being cost-burdened and 21 percent of San Rafael’s renter households being severely cost- burdened (spending more than 50 percent of their income on housing).; and 4915-9294-8600 v1 2 WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals experiencing homelessness, including 264 unsheltered; and WHEREAS, per Marin County Health and Human Services, the County’s homelessness response system currently supports approximately 235 shelter beds across multiple sites, including individual, family, youth, domestic violence survivor, and temporary emergency response shelters, along with 108 transitional housing beds. These available beds fall far short of meeting the need identified in the 2024 Count; and WHEREAS, further highlighting the need for emergency shelter beds, over the last three years, the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused community, found that only one out of four individuals they referred to shelter were accepted. WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024, which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public safety outcomes; and WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80% between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and Lindaro Street fell by more than 50% (65 to 32); and WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site management, and the City’s engagement with service providers; and WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related responses—underscore that individuals who remain unsheltered continue to experience ongoing risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September 2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to assist an individual experiencing homelessness; and WHEREAS, activities carried out at unauthorized encampments may cause additional sanitation, health and safety impacts to the surrounding community and natural environment; and WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of affordable permanent housing in the city of San Rafael demonstrate that there is a significant and immediate need for interim housing in the city, including emergency shelter and low barrier navigation center, to protect the life, health, and safety of people experiencing homelessness; and WHEREAS, strict compliance with the provisions of state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, safety, and environmental impact assessment may prevent, hinder, or delay emergency housing measures that could be expedited through a Declaration of Shelter Crisis; and 4915-9294-8600 v1 3 WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of residents are without shelter and the situation presents a threat to their health and safety; and WHEREAS, the Shelter Crisis Act authorizes jurisdictions to adopt reasonable local standards to expedite shelter development, including both emergency shelters and low barrier navigation centers, while ensuring protection of health, safety, and sanitation; and WHEREAS, on November 17, 2025, the San Rafael City Council adopted Resolution No. [XXXX] declaring a shelter crisis, finding that the number of individuals in San Rafael without shelter constitutes a threat to their health and safety, and directing staff to return with an ordinance establishing reasonable local standards and procedures consistent with Government Code Section 8698; and WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and safety by enabling the City to promptly implement homeless shelters that meet reasonable health and safety standards; and WHEREAS, the delay required for a standard two-reading ordinance process would hinder the City’s ability to respond to the urgent needs of unsheltered residents, particularly during the winter months when exposure risks increase; and WHEREAS, this ordinance is therefore adopted as an urgency measure, necessary for the immediate preservation of the public peace, health, and safety of the residents of San Rafael; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. URGENCY AND FINDINGS 1. Based upon the duly noticed public hearing at the City Council meeting on November 17, 2025, to consider to consider adoption of this Ordinance, the City Council accepted all oral and written public comment and the written staff report, the City Council finds that the above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. 2. The facts contained in the above recitals and the Shelter Crisis that has been declared in the City of San Rafael pursuant to Resolution No. xxx. adopted on November 17, 2025, conclusively demonstrate the urgent need to adopt this ordinance for the immediate preservation of the public peace, health and safety. 3. Strict compliance with local building approval procedures and/or state or local housing, health, habitability, planning and zoning, or safety standards, procedures, and laws in existence at the time of adoption of this ordinance will prevent, hinder, or delay the City’s efforts to mitigate the effects of its declared Shelter Crisis through: 4915-9294-8600 v1 4 (a) expense and time necessary to obtain the required permits and design suitable structures; (b) restricted development patterns under existing zoning code requirements; (c) delay and staff resources necessary to satisfy the City’s Site Plan and Architectural Review process; and (d) limits on the locations where the City can place homeless shelters. DIVISION 2. ADOPTION OF LOCAL STANDARDS AND PROCEDURES DURING SHELTER CRISIS. Purpose and Scope. The purpose of this Division is to establish reasonable local standards and procedures for the design, site development, and operation of homeless shelters, as defined in this Division, located on City-owned or leased property within the City of San Rafael during the period in which a shelter crisis is declared under California Government Code Sections 8698 through 8698.4 and Resolution No. [XXXX], adopted by the City Council on November 17, 2025. These standards provide flexibility for the City to act quickly to protect the health and safety of unsheltered individuals while maintaining essential requirements for public health, sanitation, and safety. Definitions. “Homeless shelter” means overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless. A homeless shelter may include supportive and self-sufficiency development services. Establishment of Homeless Shelters on City-Owned or Leased Property 1. Notwithstanding any provisions of this Division to the contrary, during any period for which the City Council has declared a shelter crisis within the meaning of Government Code Sections 8698 et seq., a homeless shelter (as defined in this section) may be constructed, established and operated on property owned or leased by the City of San Rafael as a use by right. 2. Pursuant to Government Code Section 8698.4, the City Manager or her designee is authorized to suspend any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws as applied to a City homeless shelter as defined in this Division, except all such projects must comply with the 2019 California Residential Code Appendix X, and California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The City Manager, or her designee is authorized to take any other actions consistent with and/or necessary for the implementation of this ordinance. 3. Homeless shelters constructed or allowed under this section shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), the Mobilehome 4915-9294-8600 v1 5 Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. DIVISION 3. FILING WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. Consistent with Government Code Section 8698.4(a)(2)(A)(i), the City Clerk shall file a copy of this Ordinance with the California Department of Housing and Community Development (HCD) within ten business days after its adoption. DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council finds that the adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section 21065 and Section 15378(b)(2), (4), and (5) of the CEQA Guidelines. This Ordinance establishes administrative procedures and standards for the implementation of an existing state program authorized under Government Code Sections 8698 through 8698.4, which does not directly authorize or approve any specific development or physical change in the environment. Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance, or its implementation, will have a significant effect on the environment. Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. DIVISION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase of it, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid. DIVISION 6. EFFECTIVE DATE; PUBLICATION. This Ordinance is declared to be an urgency measure adopted pursuant to California Government Code Section 36937(b) and is necessary for the immediate preservation of the public peace, health, and safety. 4915-9294-8600 v1 6 The facts constituting the urgency are set forth in the findings above, which demonstrate that a significant number of persons in the City of San Rafael are without the ability to obtain shelter, creating a continuing threat to their health and safety. Immediate action is required to authorize the City to implement temporary emergency shelters and low-barrier navigation centers to mitigate these threats. Accordingly, this Ordinance shall take effect and be in full force immediately upon its adoption by at least a four-fifths (4/5) vote of the City Council. A summary of this Ordinance shall be published, and a certified copy of the full text shall be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which it is adopted. The summary of this Ordinance shall also be published within fifteen (15) days after its adoption, together with the names of the Councilmembers voting for and against it, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California. Within fifteen (15) days after adoption, the City Clerk shall post a certified copy of the full text of this Ordinance in the office of the City Clerk along with the names of those Councilmembers voting for and against it. ______________________ KATE COLIN, Mayor ATTEST: ______________________ LINDSAY LARA, City Clerk The foregoing Ordinance No. ____ was adopted at a Regular Meeting of the City Council of the City of San Rafael, held on the ___ day of ___ 20__ by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________ LINDSAY LARA, City Clerk 4929-8163-7239 v2 1 ORDINANCE NO. AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING REASONABLE LOCAL STANDARDS AND PROCEDURES FOR HOMELESS SHELTERS PURSUANT TO GOVERNMENT CODE SECTIONS 8698, ET SEQ; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 65660(b), 65662; CEQA GUIDELINE 15378(b)(2), (4), (5); ALTERNATIVELY EXEMPT PURSUANT TO CEQA GUIDELINES 15061(b)(3) [COMMON SENSE]; 15269(c) [EMERGENCY] WHEREAS, the City of San Rafael (City) and Marin County lack both housing supply and affordable housing. The City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County, document these unfortunate realities, as well as the negative consequences of insufficient housing opportunities; and WHEREAS, for instance, the Rooted in Marin report noted that Marin County has the third highest median rental rate in California and the cost of purchasing an average home is more expensive in Marin County than every metropolitan area other than the San Jose Metro Area (Rooted in Marin p.20); and WHEREAS, as a result, roughly three in five Marin renter households are cost-burdened, meaning they dedicate more than 30 percent of their income on housing (Rooted in Marin p.21); and WHEREAS, the lack of new housing stock has led to rising Marin County median housing prices, which increased by over $1 million in the eight-year period between 2013 to 2021, from $966,000 to $1.91 million, a 98 percent increase (The Worrisome Future of Marin Housing, p.9); and WHEREAS, over that same period median household income in Marin County only increased by 45 percent; and WHEREAS, the high cost of housing in Marin County is largely due to a lack of housing supply, which is the result of a dearth of housing construction in recent decades; and WHEREAS, the adopted San Rafael 2023-2031 Housing Element (Housing Element) states that San Rafael had 1,247 vacant units in 2010 and 1,163 vacant units in 2020.10 As a percentage of total housing stock, the vacancy rate declined from 5.2 percent in 2010 to 4.7 percent in 2020. This is lower than the vacancy rate in Marin County, which was 7.2 percent in 2010 and 6.6 percent in 2020.; and WHEREAS, the Housing Element found that San Rafael renters are considerably cost- burdened (spending more than 30 percent of one’s income on housing) with 55 percent of San Rafael renters being cost-burdened and 21 percent of San Rafael’s renter households being severely cost-burdened (spending more than 50 percent of their income on housing); and 4929-8163-7239 v2 2 WHEREAS, the 2024 Marin County Point-in-Time Count identified 1,090 individuals experiencing homelessness countywide, with 788 unsheltered. San Rafael had 326 individuals experiencing homelessness, including 264 unsheltered; and WHEREAS, per Marin County Health and Human Services, the County’s homelessness response system currently supports approximately 235 shelter beds across multiple sites, including individual, family, youth, domestic violence survivor, and temporary emergency response shelters, as well as 108 transitional housing beds. These available beds fall far short of meeting the need identified in the 2024 Count; and WHEREAS, further highlighting the need for emergency shelter beds, over the last three years, the Ritter Center, which is one of the largest non-profits in Marin County serving the unhoused community, found that only one out of four individuals they referred to shelter were accepted. WHEREAS, since the implementation of Ordinance 2040 (Camping Ordinance) in October 2024, which coincided with the opening of the City’s Sanctioned Camping Area, the City has actively tracked homelessness-related Calls for Service (CFS) to assess enforcement impacts and public safety outcomes; and WHEREAS, the data shows that along the Mahon Creek Path, CFS decreased by over 80% between FY 2023–24 and FY 2024–25 (256 to 49), and) and calls along Andersen Drive and Lindaro Street fell by more than 50% (65 to 32); and WHEREAS, these reductions demonstrate the effectiveness of targeted outreach, proactive site management, and the City’s engagement with service providers; and WHEREAS, the remaining CFS—primarily medical aid, welfare checks, and other safety-related responses—underscore that individuals who remain unsheltered continue to experience ongoing risks to their health and safety. For example, in the first quarter of FY 25-26 (July-September 2025) the SAFE Team responded to 794 calls for service, with 69% of those calls responding to assist an individual experiencing homelessness; and WHEREAS, activities carried out at unauthorized encampments may cause additional sanitation, health and safety impacts to the surrounding community and natural environment; and WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of affordable permanent housing in the city of San Rafael demonstrate that there is a significant and immediate need for interim housing in the city, including emergency shelter and low barrier navigation center, to protect the life, health, and safety of people experiencing homelessness; and WHEREAS, strict compliance with the provisions of state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, safety, and environmental impact assessment may prevent, hinder, or delay emergency housing measures that could be expedited through a Declaration of Shelter Crisis; and 4929-8163-7239 v2 3 WHEREAS, pursuant to California Government Code Sections 8698 through 8698.4 (“Shelter Crisis Act”), local jurisdictions may declare a shelter crisis when a significant number of residents are without shelter and the situation presents a threat to their health and safety; and WHEREAS, the Shelter Crisis Act authorizes jurisdictions to adopt reasonable local standards to expedite shelter development, including both emergency shelters and low barrier navigation centers, while ensuring protection of health, safety, and sanitation; and WHEREAS, on November 17, 2025, the San Rafael City Council adopted Resolution No. [XXXX] declaring a shelter crisis, finding that the number of individuals in San Rafael without shelter constitutes a threat to their health and safety, and directing staff to return with an ordinance establishing reasonable local standards and procedures consistent with Government Code Section 8698; and WHEREAS, the City Council finds that immediate action is necessary to protect life, health, and safety by enabling the City to promptly implement homeless shelters that meet reasonable health and safety standards; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. FINDINGS 1. Based upon the duly noticed public hearing at the City Council meeting on November 17, 2025, to consider to consider adoption of this Ordinance, the City Council accepted all oral and written public comment and the written staff report, the City Council finds that the above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. 2. The facts contained in the above recitals, the Shelter Crisis that has been declared in the City of San Rafael pursuant to Resolution No. xxx. adopted on November 17, 2025, and Ordinance No. xx conclusively demonstrate the urgent need to adopt this ordinance for the immediate preservation of the public peace, health and safety. 3. Strict compliance with local building approval procedures and/or state or local housing, health, habitability, planning and zoning, or safety standards, procedures, and laws in existence at the time of adoption of this ordinance will prevent, hinder, or delay the City’s efforts to mitigate the effects of its declared Shelter Crisis through: a. expense and time necessary to obtain the required permits and design suitable structures; b. restricted development patterns under existing zoning code requirements; 4929-8163-7239 v2 4 c. delay and staff resources necessary to satisfy the City’s Site Plan and Architectural Review process; and d. limits on the locations where the City can place homeless shelters. DIVISION 2. ADOPTION OF LOCAL STANDARDS AND PROCEDURES DURING SHELTER CRISIS. A. Purpose and Scope. The purpose of this Division is to establish reasonable local standards and procedures for the design, site development, and operation of homeless shelters, as defined in this Division located on City-owned or leased property within the City of San Rafael during the period in which a shelter crisis is declared under California Government Code Sections 8698 through 8698.4 and Resolution No. [XXXX], adopted by the City Council on November 17, 2025. These standards provide flexibility for the City to act quickly to protect the health and safety of unsheltered individuals while maintaining essential requirements for public health, sanitation, and safety. B. Definitions. “Homeless shelter” means overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless. A homeless shelter may include supportive and self-sufficiency development services.. C. Establishment of Homeless shelters on City-Owned or Leased Property 1. Notwithstanding any provisions of this Division to the contrary, during any period for which the City Council has declared a shelter crisis within the meaning of Government Code Sections 8698 et seq., a homeless shelter (as defined in this section) may be constructed, established and operated on property owned or leased by the City of San Rafael as a use by right. 2. Pursuant to Government Code Section 8698.4, the City Manager or her designee is authorized to suspend any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws as applied to a City homeless shelter as defined in this Division, except all such projects must comply with the 2019 California Residential Code Appendix X, and California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The City Manager, or her designee is authorized to take any other actions consistent with and/or necessary for the implementation of this ordinance. 3. Homeless shelters constructed or allowed under this section shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), 4929-8163-7239 v2 5 except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. DIVISION 3. FILING WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. Consistent with Government Code Section 8698.4(a)(2)(A)(i), the City Clerk shall file a copy of this Ordinance with the California Department of Housing and Community Development (HCD) within ten business days after its adoption. DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council finds that the adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA), as defined in Public Resources Code Section 21065 and Section 15378(b)(2), (4), and (5) of the CEQA Guidelines. This Ordinance establishes administrative procedures and standards for the implementation of an existing state program authorized under Government Code Sections 8698 through 8698.4, which does not directly authorize or approve any specific development or physical change in the environment. Further, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance, or its implementation, will have a significant effect on the environment. Finally, adoption of this Ordinance is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. DIVISION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase of it, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid. DIVISION 6. EFFECTIVE DATE; PUBLICATION. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin 4929-8163-7239 v2 6 Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance. ______________________ KATE COLIN, Mayor ATTEST: ______________________ LINDSAY LARA, City Clerk The foregoing Ordinance No. ____ was adopted at a Regular Meeting of the City Council of the City of San Rafael, held on the ___ day of ___ 20__ by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________ LINDSAY LARA, City Clerk 4915-0440-7928 v1 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT BETWEEN THE CITY AND COUNTY OF MARIN IN THE AMOUNT OF $8 MILLION AND AFFORDABLE HOUSING AGREEMENT IN A FORM TO BE APPROVED BY THE CITY ATTORNEY TO FACILITATE THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28) FOR USE AS AN INTERIM SHELTER AND PERMANENT AFFORDABLE HOUSING AND TO ACCEPT THE FULL AMOUNT OF THE GRANT AND APPROPRIATE $7.0 MILLION TO COVER COSTS RELATED TO ACQUISITION; CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION 21080(b)(1)[MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c) [EMERGENCY]; 15332 [INFILL] WHEREAS, the City of San Rafael faces a lack of housing supply and affordable housing, as documented in the City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County; and WHEREAS, the City has adopted housing specific goals, policies, and programs to address the lack of housing supply and affordable housing; and WHEREAS, on May 15, 2023 the San Rafael City Council adopted Resolution No. 15215, adopting the City’s 2023-2031 Housing Element; and WHEREAS, the Housing Element’s Housing Action Plan included Goal H-1: Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing Choice: Meet housing needs through a range of housing choices and affordability levels throughout the city; and WHEREAS, the Housing Action Plan identified policies to advance its goals, including: • Policy H-1.1: Collaboration and Coordination o Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness. • Policy H-1.2: Transitional and Supportive Housing o Support permanent supportive housing for those who are unhoused or at risk of losing their housing. • Policy H-1.3: Emergency Shelters o Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. • Policy H-4.1: Equitable Distribution of Affordable Housing o Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. • Policy H-4.4: Affordability of Projects on Public Land o Prioritize the development of affordable housing rather than market rate units on surplus public land. • Policy H-4.14: Commercial to Residential Conversion 4915-0440-7928 v1 2 o Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing; and WHEREAS, on June 2, 2025 the San Rafael City Council adopted Resolution No. 15420 to adopt the City’s Three-Year Strategic Plan for Fiscal Years 2025-2028; and WHEREAS, the Strategic Plan included 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; and WHEREAS, the Strategic Plan Priority Area D includes Goal D.1.1: In collaboration with the County of Marin, explore the implementation of a housing-focused interim shelter program, supported by robust case management services to assist in transitioning unhoused community members into permanent supportive housing, or other permanent housing solutions; and WHEREAS, the Strategic Plan Priority Area D also includes Goal D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness; and WHEREAS, the Strategic Plan further includes Goal D.2: Advance the development of new housing across all affordability levels to meet the stat’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; and WHEREAS, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s 2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly those with low or very low incomes; and WHEREAS, in 2025 the County of Marin coordinated Rooted in Marin, an analysis of housing in Marin County and strategies for anti-displacement; and WHEREAS, the Rooted in Marin report found that the lack of housing supply and affordable housing in Marin County have led to sustained population loss since 2018, particularly of low-income households making less than 50 percent of the area median income (AMI), as well as increased greenhouse gas emissions from workers commuting to Marin County, and lost economic opportunities due to people not being able to afford living in Marin County; and WHEREAS, in the spring of 2025, Newmark informed the City about an opportunity to to purchase the 2.5 acres property located at 350 Merrydale Road/3833 Redwood Highway, Assessor’s Parcel Number (APN): 179-041-27 and 179-041-28 (hereinafter referred to as “Property”), which had been placed on the open market for sale by its owners; and WHEREAS, on November 17, 2025, the City Council adopted a resolution declaring a Shelter Crisis pursuant to the Shelter Crisis Act (Gov. Code section 8698 et seq.) 4915-0440-7928 v1 3 WHEREAS, the City now desires to acquire and use the Property for an interim shelter, which includes a low barrier navigation center, to provide shelter to up to 65 individuals at a given time, with good faith efforts to prioritize placement of unhoused individuals located at the City’s current Sanctioned Camping Area, followed by the Andersen Road Encampment, and then other encampments in the City at the interim shelter on the Property; and WHEREAS, the City later intends to use the Property for up to 80 units of permanent affordable housing, and the City will make a good faith effort to keep affordability levels as low as possible dependent on funding and other factors developed in the project’s proforma; and WHEREAS, to advance the goals of reducing homelessness and providing more affordable housing opportunities, the City and County of Marin (“County”) have agreed to partner on the acquisition of 350 Merrydale, which will serve initially as an interim shelter for unhoused individuals and subsequently a permanent affordable housing development project, with the County providing an $8 million grant (“Grant”) for the acquisition of the Property to use it as an interim shelter and permanent affordable housing, allowing the use of the City and County’s State Encampment Resolution Fund- Round 3 Grant to operate an interim shelter; and WHEREAS, at its November 18, 2025, meeting, the Board of Supervisors will consider authorizing the making of the Grant based on the terms and conditions as set forth in the Grant Agreement and the Affordable Housing Agreement attached to the accompanying staff report; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. Findings: a. Based upon the accompanying staff report, its attachments, the staff presentation and written and verbal comment submitted before and during the public hearing, the City Council finds the foregoing recitals true and correct. b. California Environmental Quality Act (“CEQA”). Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or an encumbrance of land owned by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8694(a)(4).) Further, execution of the Grant Agreement and Affordable Housing Agreement is exempt from CEQA review pursuant to CEQA Guideline 15061(b)(3), because it can be seen with certainty that there is no possibility that their execution may have a significant effect on the environment. The underlying projects, a temporary homeless shelter or low barrier navigation center are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b). (See also Gov. Code Sec. 65660(b), 65662.) The proposed interim shelter and future affordable housing project are also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill), as detailed in the attached CEQA memo (Attachment 7). Finally, adoption of this Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. 4915-0440-7928 v1 4 2. The City Manager is authorized to negotiate and execute the grant agreement in the amount of $8 million with the County of Marin and the Affordable Housing Agreement with the County of Marin in a form to be approved by the City Attorney or designee to facilitate the acquisition of the Property for use as an interim shelter and permanent affordable housing; and 3. The City Manager is authorized to accept the full amount of the Grant and to appropriate $7 million, to cover costs related to acquisition of the Property; and 4. The City Manager or designee is authorized to take any action necessary or incidental to carrying out the intention of this Resolution. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday, the 17th day of November 2025, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________ Lindsay Lara, City Clerk 4926-0427-1479 v5 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $6.7 MILLION, PLUS ASSOCIATED COSTS; TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE OF THE REAL PROPERTY LOCATED AT 350 MERRYDALE ROAD; AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CORNISH AND CAREY COMMERCIAL (D/B/A NEWMARK) IN AN AMOUNT NOT TO EXCEED $201,000 FOR REAL ESTATE BROKERAGE SERVICES RENDERED TO THE CITY FOR THE CITY’S PURCHASE OF 350 MERRYDALE ROAD (APNS 179-041-27 & 179-041-28); CEQA DETERMINATION: NOT A PROJECT PER GOVERNMENT CODE SECTIONS 8698.4(a)(4); 65660(b), 65662; PUBLIC RESOURCES CODE SECTION 21080(b)(1) [MINISTERIAL PROJECT]; CEQA GUIDELINE 15268(b) [MINISTERIAL PROJECT]; EXEMPT PURSUANT TO CEQA PUBLIC RESOURCES CODE SECTION 15183 [CONSISTENT WITH GENERAL PLAN POLICIES]; CEQA GUIDELINES 15269(c) [EMERGENCY]; 15332 [INFILL]; 15061(b)(3) [COMMON SENSE]; 15378(b)(4) [FISCAL ACTIVITY] . WHEREAS, the City of San Rafael (“City”) faces a lack of housing supply and affordable housing, as documented in the City’s 2023-2031 Housing Element, the Marin County Civil Grand Jury’s 2024-2025 report titled “The Worrisome Future of Marin Housing,” and Rooted in Marin, a 2025 analysis of anti-displacement strategies for Marin County; and WHEREAS, the City has adopted housing specific goals, policies, and programs to address the lack of housing supply and affordable housing; and WHEREAS, on May 15, 2023 the City Council of the City adopted Resolution No. 15215, adopting the City’s 2023-2031 Housing Element; and WHEREAS, the Housing Element’s Housing Action Plan included Goal H-1: Homelessness: End and prevent homelessness in San Rafael as well as Goal H-4: Housing Choice: Meet housing needs through a range of housing choices and affordability levels throughout the city; and WHEREAS, the Housing Action Plan identified policies to advance its goals, including: • Policy H-1.1: Collaboration and Coordination o Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness. • Policy H-1.2: Transitional and Supportive Housing o Support permanent supportive housing for those who are unhoused or at risk of losing their housing. • Policy H-1.3: Emergency Shelters o Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. • Policy H-4.1: Equitable Distribution of Affordable Housing o Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. • Policy H-4.4: Affordability of Projects on Public Land 4926-0427-1479 v5 2 o Prioritize the development of affordable housing rather than market rate units on surplus public land. • Policy H-4.14: Commercial to Residential Conversion o Encourage the adaptive reuse of older commercial buildings, including office and retail buildings, for housing; and WHEREAS, on June 2, 2025 the San Rafael City Council adopted Resolution No. 15420 to adopt the City’s Three-Year Strategic Plan for Fiscal Years 2025-2028; and WHEREAS, the Strategic Plan included 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; and WHEREAS, the Strategic Plan Priority Area D includes Goal D.1.1: In collaboration with the County of Marin, explore the implementation of a housing-focused interim shelter program, supported by robust case management services to assist in transitioning unhoused community members into permanent supportive housing, or other permanent housing solutions; and WHEREAS, the Strategic Plan Priority Area D also includes Goal D.1.4: Strategically increase and secure additional funding sources by leveraging key partnerships that will support additional programs that reduce homelessness; and WHEREAS, the Strategic Plan further includes Goal D.2: Advance the development of new housing across all affordability levels to meet the stat’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; and WHEREAS, as part of the City’s Equity, Diversity and Inclusion Element, San Rafael’s 2040 General Plan includes Goal EDI-3: Housing Stability: Improve housing stability for all San Rafael residents, particularly those with low or very low incomes; and WHEREAS, in 2025 the County of Marin coordinated Rooted in Marin, an analysis of housing in Marin County and strategies for anti-displacement; and WHEREAS, the Rooted in Marin report found that the lack of housing supply and affordable housing in Marin County have led to sustained population loss since 2018, particularly loss of low-income households making less than 50 percent of the area median income (AMI), as well as increased greenhouse gas emissions from workers commuting to Marin County, and lost economic opportunities due to people not being able to afford living in Marin County; and WHEREAS, the City has utilized the real estate brokerage services of Cornish & Carey Commercial (d/b/a Newmark) to locate a property with a willing seller, which City could purchase to use as an interim shelter and/or permanent affordable housing within the City limits in fulfillment of City goals; and 4926-0427-1479 v5 3 WHEREAS, Newmark is a real estate brokerage firm, providing a full range of commercial real estate services to its clients, and is located in San Rafael, with specific knowledge of the San Rafael real estate market; and WHEREAS, the purchase of real estate requires specialized knowledge best provided by licensed real estate professionals; and WHEREAS, in the spring of 2025, Newmark informed the City about the opportunity to purchase 2.5 acres of property located at 350 Merrydale Road/3833 Redwood Highway and identified as Marin County Assessor’s Parcel Number (APN): 179-041-27 and 179-041-28 (hereinafter referred to as “Property”) shortly after the Property was listed for sale; and WHEREAS, Ridgewood Properties Partnership, LLC, a California Limited Liability Company and Merrydale-Clayton LLC, a California Limited Liability Company (collectively, “Owners”) presently own the Property, WHEREAS, City retained a certified appraiser to prepare an appraisal of the Property for the City; WHEREAS, staff has negotiated a Purchase and Sale Agreement and Joint Escrow Instructions (“Purchase and Sale Agreement”) with the Owners; WHEREAS, the purchase price for the Property is consistent with its appraised fair market value; and WHEREAS, the City intends to use the Property for an interim shelter, which includes a low barrier navigation center, to provide shelter to 65 individuals at a given time, with good faith efforts to prioritize placement of unhoused individuals located at the City’s current Sanctioned Camping Area, followed by the Andersen Road Encampment, and then other encampments in the City at the interim shelter on the Property; and WHEREAS, the City also intends to use the Property for 80 units of permanent affordable housing, and the City will make a good faith effort to keep affordability levels as low as possible dependent on funding and other factors developed in the project’s proforma; and WHEREAS, on November 4, 2025, the City’s Planning Commission adopted Planning Commission Resolution No. 25-07, rendering a report that the City’s acquisition of the Property conformed with the City’s General Plan; and WHEREAS, to advance the goals of reducing homelessness and providing more affordable housing opportunities, the City and County of Marin (“County”) have agreed to partner on the acquisition of the Property, which will serve initially as an interim shelter for unhoused individuals and subsequently a permanent affordable housing development project, with the County providing an $8 million grant (“Grant”) to finance City’s purchase of the Property and 4926-0427-1479 v5 4 WHEREAS, to use the Property as an interim shelter and permanent affordable housing, allowing the use of the City and County’s State Encampment Resolution Fund- Round 3 Grant to operate an interim shelter; and WHEREAS, at its November 18, 2025, meeting, the County’s Board of Supervisors will consider authorizing the making of the Grant based on the terms and conditions as set forth in the Grant Agreement and the Affordable Housing Agreement attached to the accompanying staff report; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. Findings: a. Based upon the accompanying staff report, its attachments, the staff presentation and written and verbal comment submitted before and during the public hearing, the City Council finds the foregoing recitals true and correct. b. California Environmental Quality Act (“CEQA”). Upon declaration of a shelter crisis, CEQA does not apply to financial assistance or conveyance by a local government for a homeless shelter. (Cal. Gov. Code Sec. 8698.4(a)(4).) Further, the underlying projects, a temporary homeless shelter or low barrier navigation center, are both uses by right and therefore ministerial projects not subject to CEQA, pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268(b) (see also Gov. Code sections 65660(b), 65662). The proposed future affordable housing project is also exempt from CEQA pursuant to Public Resources Code sections 15183 (Community Plan Exemption) and 15332 (Class 32 Infill). Approval of the brokerage agreement does not constitute a project pursuant to CEQA Guideline 15378(b)(4), and even if it did constitute a project, approval of the brokerage agreement is exempt from CEQA pursuant 15061(b)(3) under common sense that it can be seen that the brokerage agreement will not result in an impact to the environment. Finally, adoption of this Resolution is exempt pursuant to CEQA Guideline 15269(c) as necessary to mitigate an emergency situation caused by the affordable housing shortage. The procurement of professional services by Newmark is exempt from competitive bidding pursuant to San Rafael Municipal Code Section 2.55.100.D and Newmark has demonstrated the competence and the necessary real estate license to render real estate brokerage services. 2. The purchase price for the Property is consistent with the appraiser’s determination of the fair market value of the Property; 3. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager is authorized to negotiate and execute the Purchase and Sale Agreement for the Property, subject to such further minor conforming, technical or clarifying changes or revisions as may be agreed to and approved by the City Manager and City Attorney, which do not materially increase the obligations of the City thereunder, and to execute said Purchase and Sale Agreement for the Property after the Court hears the application for an ex parte order filed on November 12, 2025, by the petitioners/plaintiffs in Ken Dickinson,et al. v City of San Rafael, et al., Marin Superior Court Case No. CV 008170, provided the Court 4926-0427-1479 v5 5 rules on the application for the ex parte order on or before November 24, 2025; if the Court does not rule on the application for the ex parte order by 5:00 p.m. on November 24, 2025, and the County has authorized the execution of the County Grant Agreement, upon the recommendation of the City Attorney, the City Manager is authorized to sign the Purchase and Sale Agreement; and 4. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager is authorized to execute ancillary documents that are necessary to compete the purchase, including a certificate of acceptance of a Grant Deed of the Property, each in a form approved by the City Attorney or designee; and 5. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager is authorized to execute the professional services agreement with Cornish and Carey Commercial (doing business as Newmark) for real estate brokerage services rendered to the City for the City’s purchase of the Property in an amount not to exceed $201,000, and to execute said professional services agreement after the Court hears the application for an ex parte order filed on November 12, 2025, by the petitioners/plaintiffs in Ken Dickinson,et al. v City of San Rafael, et al., Marin Superior Court Case No. CV 008170, provided the Court rules on the application for the ex parte order on or before November 24, 2025; if the Court does not rule on the application for the ex parte application by 5:00 p.m. on November 24, 2025, and the County has authorized the execution of the County Grant Agreement, upon the recommendation of the City Attorney, the City manager is authorized sign the professional services agreement; and 6. Contingent upon the County authorizing execution of the County Grant Agreement at its November 18, 2025 meeting, the City Manager or designee is authorized to take any action necessary or incidental to carrying out the intention of this Resolution, including, but not limited to, repayment of the $155,341.80 amount Sellers paid to Las Gallinas Valley Sanitary District within one (1) year after the close of escrow, payment of transaction costs which are customary for a buyer to pay and performing City’s obligations under the Purchase and Sale Agreement. 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 17th day of November 2025, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ____________________ Lindsay Lara, City Clerk RESOLUTION NO. 25-07 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION REPORTING ON THE CONFORMITY OF THE ACQUISITION OF 350 MERRYDALE ROAD AND 3833 REDWOOD HIGHWAY (ASSESSOR’S PARCEL NUMBERS 179- 041-27 AND 179-041-28) (“PROPERTY”) WITH THE CITY OF SAN RAFAEL’S ADOPTED GENERAL PLAN WHEREAS, California Government Code Section 65402(a) requires that if a General Plan has been adopted, prior to a public entity’s acquisition of real property for a public purpose, the applicable planning agency must report on the conformity of the acquisition with the adopted General Plan; and WHEREAS, in 2021 the City of San Rafael (City) adopted its current General Plan 2040 via City Council Resolution No. 14959; and WHEREAS, San Rafael’s City Council has determined that the City’s Planning Commission under San Rafael Municipal Code (“SRMC”) 2.16.110 shall advise on land use matters requiring City Council action; and WHEREAS, pursuant to California Government Code 65100 et seg. and SRMC 2.16.110, the City's Planning Commission thus qualifies as the planning agency for the City to advise the City Council on the conformance of the acquisition of property with the Citys General Plan; and WHEREAS, the City Council will consider acquiring the property located at 350 Merrydale Road and 3833 Redwood Highway, APN 179-041-27 and 179-041-28, (“the Property”) to serve as an interim shelter, which may include a Low Barrier Navigation Center for unhoused San Rafael residents over the next two to four years followed by a permanent affordable housing development; and WHEREAS, the Property is designated as Community Commercial Mixed Use on the General Plan 2040 Land Use Map, which allows for residential and commercial uses, including a mix of housing, office, retail, service, and public land uses; and WHEREAS, the Property is also listed in General Plan Appendix A: Development Pipeline — Entitled Projects of the San Rafael Housing Element and identified for future residential development; and WHEREAS, Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential -1 - zones permitting multifamily uses; and WHEREAS, consistent with the City’s 2023-2031 Housing Element adopted May 15, 2023, Low Barrier Navigation Centers are allowed by right in mixed use and nonresidential zoning districts; andmixed use and nonresidential zoning districts; and WHEREAS, the Property has a Planned Development zoning designation as set forth in Ordinance No. 1979, which allows for land uses set forth in the High Density Residential (HR1) District land use classification; and WHEREAS, the uses allowed in a High Residential District are set forth in SRMC Chapter 14.04 and include mixed use; and WHEREAS, the acquisition of the Property is consistent with the Property’s General Plan designation and with applicable goals, policies and programs of the General Plan, specifically with policies of the Land Use, Neighborhoods, Community Design and Preservation, Conservation and Climate Change, Mobility, and Diversity, Equity, and Inclusion Elements as detailed in the General Plan Consistency Table, Attachment One, and Housing Element 2023-2031; and; WHEREAS on November 4, 2025, the Planning Commission held a duly noticed special meeting to consider whether the acquisition of the Property conformed to the City’s General Plan, and accepted all oral and written public comment and the written report of the Community Economic Development Department staff, and NOW THEREFORE BE IT RESOLVED, the Planning Commission finds that the foregoing recitals are true and correct and incorporated by reference and reports that the acquisition of the Property, at 350 Merrydale Road and 3833 Redwood Highway (APN 179-041-27 and 179-041-28), conforms to the City of San Rafael’s adopted General Plan. SECTION 2. SEVERABILITY If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. Moved by Commissioner Saude and seconded by Commissioner Haveman. The vote is as follows: AYES: COMMISSIONERS: Alvarez, Haveman, Salvemini, Saude, Summers, and -2 - Vice Chair Rodby NOES: ABSENT: COMMISSIONERS: Mercado SAN RAFAEL PLANNING COMMISSION Kristina Estuaditlo ATTEST Kristina Estudillo (Nov 5, 2025 11:46:44 PST) BY: Upulbyfadpas, 2025 14:27:22 PST) Kristina Estudillo, Secretary Jill Rodby, Vice Chair Final 350 MERRYDALE AVE. RESO Final Audit Report 2025-11-05 Created: 2025-11-05 By: Ariel Gutierrez (ariel.gutierrez@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAARYKYz1qrdLp8gC2et3qEGFPEnuHRcsA "Final 350 MERRYDALE AVE. RESO" History €% Document created by Ariel Gutierrez (ariel.gutierrez@cityofsanrafael.org) 2025-11-05 - 7:36:52 PM GMT- IP address: 199.88.113.8 E3, Document emailed to Kristina Estudillo (kristina.estudillo@cityofsanrafael.org) for signature 2025-11-05 - 7:41:13 PM GMT 3 Email viewed by Kristina Estudillo (kristina.estudillo@cityofsanrafael.org) 2025-11-05 - 7:46:18 PM GMT- IP address: 104.47.65.254 Se Document e-signed by Kristina Estudillo (kristina.estudillo@cityofsanrafael.org) Signature Date: 2025-11-05 - 7:46:44 PM GMT - Time Source: server- IP address: 24.6.23.24 ES, Document emailed to jillrodby@gmail.com for signature 2025-11-05 - 7:46:47 PM GMT * Email viewed by jillrodby@gmail.com 2025-11-05 - 10:25:40 PM GMT- IP address: 146.75.154.1 Se Signer jillrodby@gmail.com entered name at signing as Jill Rodby 2025-11-05 - 10:27:20 PM GMT- IP address: 76.102.200.250 Ge Document e-signed by Jill Rodby (jillrodby@gmail.com) Signature Date: 2025-11-05 - 10:27:22 PM GMT - Time Source: server- IP address: 76.102.200.250 O Agreement completed. 2025-11-05 - 10:27:22 PM GMT Powered by Adobe Acrobat Sign SAN RAFAEL 4912-4970-3031 v1 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION REVIEW 350 MERRYDALE INTERIM SHELTER AND AFFORDABLE HOUSING DEVELOPMENT PROJECT APN(s): 179-041-27 and 179-041-28 November 3, 2025 City of San Rafael Community and Economic Development Department 1400 Fifth Avenue, Top Floor San Rafael, CA 94901 4912-4970-3031 v1 Table of Contents I. SUMMARY .................................................................................................................................... 3 II. PROJECT SITE ............................................................................................................................. 3 III. PROJECT DESCRIPTION ......................................................................................................... 5 IV. CEQA PROCESS .......................................................................................................................... 8 V. DOCUMENTS INCORPORATED BY REFERENCE........................................................... 9 VI. CEQA GUIDELINES SECTION 15183 EXEMPTION .................................................... 10 VII. CEQA GUIDELINES SECTION 15332 EXEMPTION .................................................... 14 VIII. CONCLUSION ........................................................................................................................... 32 IX. REFERENCES ........................................................................................................................... 33 4912-4970-3031 v1 I. SUMMARY The proposed project (“Project”) is an infill development located at 350 Merrydale Road and 3833 Redwood Highway in the City of San Rafael. As part of a collaboration between the County of Marin and the City of San Rafael (City) to address homelessness and the lack of affordable housing, the project proposes the acquisition of a 2.5-acre property to serve as an Interim Shelter for up to 65 unhoused individuals on a temporary basis followed by a permanent affordable housing development of up to 80 units. The project site was last used as an adult school serving approximately 100 individuals, but the project site has been vacant for at least five years. In 2020, the property owners received land use approvals for 45 for sale townhomes but the property owners did not proceed with construction activities and earlier this year placed the property for sale. The City prepared this CEQA Exemption Memorandum to serve as the technical documentation of an environmental analysis prepared for the Project. As demonstrated in the memorandum, the Project qualifies for a Categorial Exemption under CEQA Section 15183 as the Project is consistent with the development density established by existing zoning and general plan policies associated with the certified City of San Rafael 2040 General Plan. The Project also qualifies for a Categorical Exemption under CEQA Section 15332 (Infill Development) as the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, is located within city limits on a project site of no more than 5 acres substantially surrounded by urban uses; the project site has no value, as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.” II. PROJECT SITE The project site is located at 350 Merrydale Road and comprises 2.5 acres of land located just west of the US Highway 101 transportation corridor in northern San Rafael, approximately two miles north of downtown. The property has two physical addresses: 350 Merrydale Road and 3833 Redwood Highway, San Rafael. The property is recorded by the Marin County Assessor as Assessor’s Parcel Numbers (APN) 179-041-27 and 179-041-28. The property is zoned 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 existing buildings are separated by small courtyards and surrounded by an asphalt-surfaced parking lot. In terms of surrounding land uses, commercial businesses adjoin the property to the north and south; a residential apartment building also adjoins to the south, along Merrydale Road. A residential subdivision is located west across Merrydale and the US Highway 101 corridor is adjacent to the east side of the project site. The project 4912-4970-3031 v1 site is approximately half a mile from the Sonoma-Marin Area Rail Transit (SMART) Marin Civic Center Station. Table 1. Project Characteristics Address/Location: 350 Merrydale Road and 3833 Redwood Highway Parcel Number(s): 179-041-27 and 179-041-28 Property Size: 2.5 acres Neighborhood: Terra Linda Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: Community Commercial Mixed Use (GC) Planned Development District (PD) Educational North: Office Mixed Use (OMU) Planned Development District (PD) Commercial South: High Density Residential (HR) and Community Commercial Mixed Use (GC) High Density Residential (HR) and General Commercial (GC) Residential/Commercial East: US 101 Highway US 101 Highway US 101 Highway West: Low Density Residential (LDR) Single-Family Residential (R7.5) Residential 4912-4970-3031 v1 Figure 1 – Vicinity Map III. PROJECT DESCRIPTION In partnership with the County of Marin, the Project proposes acquiring the site for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development as outlined below: • Interim Shelter Operations o City and County will split the operating costs until June 30, 2027. o Up to two extensions beyond June 30, 2027, based on available funding per a City-led fundraising campaign, in collaboration with the County. o Site closure no later than June 30, 2029.  o Maximum of 65 individuals will be served at any one time. Through program attrition and contingent upon available funding, no more than 70 unique individuals may be eligible to participate in the program with priority placement given in this order; (1) current Sanctioned Camping Area participants, (2) Andersen Road Encampment; (3) other encampments in the City of San Rafael. o No new entries within one year of anticipated closure unless adequate funding is secured. 4912-4970-3031 v1 • Affordable Housing Development o City to entitle property for up to 80 units of affordable housing by June 30, 2028. o City will make good faith effort to keep affordability levels as low as possible. o County will contribute $100,000 per entitled unit, up to 80 units; If less than 80 units are entitled, the City will refund the County $100,000 per unit. o If the property is not entitled by June 30, 2028, or the City otherwise defaults on the Agreement, the City must reimburse the County. General Plan Designation: The project site is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3). This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Residential development is subject to a maximum net density of 43.6 units per acre. The FAR limit of 0.3 applies to non-residential square footage only, and excludes square footage associated with housing in mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figure 3-2 (Floor Area Ratio map). Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. Zoning District: The site has a Planned Development (PD) zoning classification and the PD was adopted on February 18, 2020 (PD 1979). The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site located at 350 Merrydale Road/3883 Redwood Highway. The PD permitted: 1) a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2 and; 2) All other land uses shall follow the land use regulations set forth in the High Density Residential (HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8) The purpose of the high-density residential district is to provide opportunities for high-density multifamily residential development. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit. Allowable land uses are outlined in SRMC Section 14.04.020 - Land use regulations (R, DR, MR, HR, PD). 4912-4970-3031 v1 Pursuant to SRMC Section 14.04.020, “Multifamily residential” is an allowed use in the HR zoning district and no use permit is required. “Emergency shelters for the homeless” is an allowable use in the HR zoning district with a Use Permit. Applicable definitions contained in SRMC Section 14.03.030 (Definitions) can be found below: "Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot. "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. The proposed project entails the acquisition of the project site for future use as an emergency shelter, which is an allowable use with a Use Permit and for future development for affordable housing, which is allowed by right, the project is consistent with the HR zoning district and as allowed under PD 1979. Future Development At this time, project specific details of the future affordable housing project are not available; however, CEQA requires the analysis of a reasonable worst-case scenario. As a result, the following assumptions are being made about the future development. The maximum future development potential was estimated based on the size of the project site, General Plan maximum density, and development standards for the HR-1 zoning district, and additional units allowed under State Density Bonus Law. 4912-4970-3031 v1 Based on the net acreage and the maximum net density (21.8-43.6 units/net acre), the site is anticipated to accommodate approximately 76 units. As the project is anticipated to be a 100 percent affordable housing project, under State Density Bonus Law a density bonus of 80 percent is allowed, therefore, a maximum of 137 units would be allowed. Applicable development standards would be those for the HR-1 zoning district, and therefore it is assumed the future development would maintain a maximum base height of 36 feet. Gross Area: 2.3 acres Easements: • MCFCD 25-foot wide flood control easement - 0.21 acres • MCFCD 15-foot wide maintenance easement - 0.11acres • City of San Rafael Roadway/Utility easement - (0.25 acres) • Overlap of easements 0.03 acres Net Area: 1.74 acres Max General Plan Density: 43.6 units/net acre Max Density: 76 units Density Bonus: 80% or 61 allowable density bonus units Maximum Total Units: 137 units Future permits would include: • Environmental and Design Review Permit • Grading Permit • Building Permits IV. CEQA PROCESS CEQA establishes a three-tier environmental review process. The first step is jurisdictional and requires a public agency to determine whether a proposed activity is a “project” as defined in Section 21065 of the CEQA Guidelines. As provided therein, under CEQA a “project” means an activity that may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: a. An activity directly undertaken by any public agency. b. An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. c. An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. 4912-4970-3031 v1 If an activity is defined as a “project”, the agency must decide whether the project is exempt from CEQA review under either a statutory or categorical exemption, Articles 18 and 19, respectively. If a project is categorically exempt, it is not subject to CEQA and is processed without an initial study or further CEQA review. (Holden v. City of San Diego [2019] 43 Cal.App.5th 404, 409.) CEQA provides several “categorical exemptions” that are applicable to categories of projects that the Legislature has determined do not pose a risk of significant impacts on the environment. Here, the Project qualifies for a Categorial Exemption under CEQA Section 15183 as the Project is consistent with the development density established by existing zoning and general plan policies associated with the certified City of San Rafael 2040 General Plan and the infill development exemption pursuant to Title 14 of the California Code of Regulations Section 15332 (“CEQA Guidelines 15332”). V. DOCUMENTS INCORPORATED BY REFERENCE The City of San Rafael General Plan Final EIR (State Clearinghouse No 2019039167) has been cited and incorporated by reference into this analysis, in accordance with Section 15150 of the State CEQA Guidelines, as a means of reducing the redundancy and length of this environmental document. The City of San Rafael General Plan Final EIR is available for public online. This document is hereby incorporated by reference into this Initial Study/State CEQA. The following documents have been incorporated into this analysis. 1. City of San Rafael General Plan and EIR, 2021 General Plan Documents - San Rafael Environmental Review - San Rafael 2. City of San Rafael Housing Element 2023-2031 Housing Element Update - San Rafael 3. City of San Rafael Zoning Code, Title 14 Mini TOC: Title 14 - ZONING* | Code of Ordinances | San Rafael, CA | Municode Library 4. City of San Rafael Subdivision Regulations, Title 15 Mini TOC: Title 15 - SUBDIVISIONS | Code of Ordinances | San Rafael, CA | Municode Library 4912-4970-3031 v1 VI. CEQA GUIDELINES SECTION 15183 EXEMPTION A. Applicability California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 provides a streamlined environmental review process and a statutory exemption for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified. As described in detail below, the Project is consistent with the existing zoning designation for the site and with the City of San Rafael Plan. The City of San Rafael General Plan EIR was certified by the City Council on July 19, 2021, (SCH No. 2019039167). Based on the Project’s consistency with existing zoning and the General Plan, and provided that the General Plan EIR was certified, the project qualifies for streamlined environmental review pursuant to Section 15183 of the CEQA Guidelines. B. General Plan Consistency General Plan Land Use Designation The project site is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3). This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Residential development is subject to a maximum net density of 43.6 units per acre. The FAR limit of 0.3 applies to non-residential square footage only, and excludes square footage associated with housing in mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figure 3-2 (Floor Area Ratio map). Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. The proposed use of the site would be consistent with the General Plan Land Use designation as the project proposes an interim shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), the site is anticipated to accommodate approximately 76 base units and up to 137 units with State Density Bonus Law. General Plan Policies 4912-4970-3031 v1 An analysis of the Project’s conformity with the applicable General Plan policies is provided in detail in matrix format in the General Plan Conformity Analysis (Attachment 1). C. Zoning Consistency The site has a Planned Development (PD) zoning classification and the PD was adopted on February 18, 2020 (PD 1979). The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site located at 350 Merrydale Road/3883 Redwood Highway. The PD permitted: 1) a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2; and 2) all other land uses shall follow the land use regulations set forth in the High Density Residential HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8) The purpose of the high-density residential district provides opportunities for high-density multifamily residential development. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit. Allowable land uses are outlined in SRMC Section 14.04.020 - Land use regulations (R, DR, MR, HR, PD). Pursuant to SRMC Section 14.04.020, Multifamily residential is an allowed use in the HR zoning district and no use permit is required. Emergency shelters for the homeless is an allowable use in the HR zoning district with a Use Permit. Under state law, during a declared shelter crisis by a city, certain homeless shelters can be exempted from provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for homeless shelters, provided that the city or county has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with. (Gov. Code section 8698.4(a)(2)(A)(ii).) These “shelter crisis” homeless shelters are defined as “a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services. A “homeless shelter” shall include a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals.” (Gov. Code 4912-4970-3031 v1 section 8698.4(c)(1).) The City is currently considering a shelter crisis declaration and adoption of an ordinance for reasonable local standards and procedures for the design, site development, and operation of homeless shelters while ensuring compliance with minimum health and safety measures on City-owned or leased property, which would include the project site. Low barrier navigation centers are another type of homeless shelter that, under state law, are a “use by right” not subject to CEQA in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided certain conditions are met. (Gov. Code section 65660(b).) A “low barrier navigation center” or “LBNC” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. An LBNC may be non-congregate and relocatable. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets. (3) The storage of possessions. (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. LBNCs must: (1) Offer services to connect people to permanent housing through a services plan that identifies services staffing. (2) Be linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. (3) Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. 4912-4970-3031 v1 (4) Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. It is likely that the interim shelter component of the Project would constitute an LBNC and would therefore be a use by right. The Project entails the acquisition of the project site for future use as a homeless shelter pursuant to the Shelter Crisis Act, or for a low barrier navigation center (which would be a use by right) and for future development for affordable housing, which is allowed by right. The Project is consistent with PD 1979 and applicable provisions of the HR zoning district as preempted by state law. Development Standards As outlined in PD 1979, applicable development standards for the site are for the HR1 zoning district, which are contained in SRMC Section 14.04.040 - Property development standards, which include a 36-foot height limit. Through consistency with applicable state law pertaining to Shelter Crisis Act homeless shelters (Gov. Code section 8698.4) and LBNCs, (Gov. Code section 65662), and compliance with the HR1 zoning district development standards (for the affordable housing component), The City’s proposed acquisition of 350 Merrydale for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development of up to 76 base units (137 units with a Density Bonus utilizing applicable waivers) conforms with the City of San Rafael 2040 General Plan land use designation, General Plan policies, and is allowed by the applicable Planned Development PD 1979. D. CEQA Guidelines Section 15183 Analysis In approving a project meeting the conditions of CEQA Guidelines Section 15183, analysis of environmental impacts is limited to those impacts that (1) are peculiar to the project or site on which the project is located; (2) were not analyzed as significant effects in the prior EIR with which the project is consistent; (3) are potentially significant off-site and cumulative impacts that were not discussed in the prior EIR, and; (4) are previously identified significant effects that are determined to have a more severe impact than discussed in the prior EIR. The Project will not result in significant environmental effects peculiar to the Project or site where it is located. The site was previously used as a school and the General Plan and associated EIR anticipated the site would be developed for residential development. The project site is located within a developed urban context connected by roads and utilities and surrounded by established urban uses, including single-family, multifamily, and commercial development. 4912-4970-3031 v1 Environmental effects associated with General Plan buildout, including development of the site at the proposed density and intensity of the project were previously examined at a programmatic level in a certified EIR for the adopted General Plan. The Project would not contribute new significant effects that were not previously analyzed or could not be addressed through standard requirements for development. Through incorporation of the recommended conditions of approval, impacts associated with development of the Project will be the same as previously identified in the General Plan EIR. Accordingly, the Project will not result in impacts that are peculiar to the Project or site on which the project is located; does not involve impacts that were not analyzed as significant effects in the prior EIR; will not result in impacts that are potentially significant off-site and cumulative impacts that were not discussed in the prior EIR, and will not result in impacts that new or more severe impacts as compared to those discussed in the prior EIR. Therefore, the Project qualifies for streamlined review pursuant to Section 15183 of the CEQA Guidelines. VII. CEQA GUIDELINES SECTION 15332 EXEMPTION CEQA Guidelines Section 15332 states that infill development is exempt from CEQA review if it meets the following criteria: a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b. The proposed development occurs within city limits on a project site of no more than 5 acres substantially surrounded by urban uses. c. The project site has no value, as habitat for endangered, rare or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services. As discussed below, the Project meets each of these criteria and is therefore categorically exempt from CEQA. Furthermore, there are no applicable exceptions to the exemption. A. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation. General Plan: The Project site is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3). This category corresponds to general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where 4912-4970-3031 v1 specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. Residential development is subject to a maximum net density of 43.6 units per acre. The floor-area-ratio (FAR) limit of 0.3 applies to non-residential square footage only, and excludes square footage associated with housing in mixed use projects. Lower FAR limits may apply on some parcels, as indicated on Figure 3-2 (Floor Area Ratio map). Areas with this designation include the Northgate Town Center, Merrydale Road area, and portions of Francisco Boulevard East and West. The proposed use of the site would be consistent with the General Plan Land Use designation as the project proposes an interim shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), the General Plan evaluated the site at anticipated net density would be 50-100 units based on the allowable density in the General Plan. An analysis of the Project’s conformity with the applicable General Plan policies is provided in detail in matrix format in the General Plan Conformity Analysis (Attachment 1). Zoning Code: The site has a Planned Development (PD) zoning classification and the PD was adopted on February 18, 2020 (PD 1979). The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site located at 350 Merrydale Road/3883 Redwood Highway. The PD permitted: 1) a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2; and 2) All other land uses shall follow the land use regulations set forth in the High Density Residential HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8) - The purpose of the high-density residential district is to provide opportunities for high-density multifamily residential development. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit. Allowable land uses are outlined in SRMC Section 14.04.020 - Land use regulations (R, DR, MR, HR, PD). Pursuant to SRMC Section 14.04.020, Multifamily residential is an allowed use in the HR zoning district and no use permit is required. Emergency shelters for the homeless is an allowable use in the HR zoning district with a Use Permit. Applicable definitions contained in SRMC Section 14.03.030 (Definitions) can be found below: 4912-4970-3031 v1 "Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot. "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. The proposed project entails the acquisition of the project site for the future use as a Shelter Crisis Act homeless shelter or LBNC (a use by right), and for future development for affordable housing, which is allowed by right, the project is consistent with the HR zoning district through the application of state laws related to shelters and density bonus, and is allowed under PD 1979. The Project is consistent with the General Plan land use designation and application policies and programs. The Project is also consistent with the PD zoning designation and governing standards. Therefore, the Project meets criteria a. B. The proposed development occurs within city limits on a project site of no more than 5 acres substantially surrounded by urban uses. The project site is located on a 2.5-acre Project Site within the limits of the City of San Rafael and is surrounded by commercial businesses to the north and south; a residential apartment building to the south, along Merrydale Road; a residential subdivision to the west across Merrydale; and the US Highway 101 corridor neighbors the site to the east. As the Project Site is located within the city limits on a 4912-4970-3031 v1 site less than five (5) acres and is surrounded on all sides by urban uses, the project site meets criteria b. C. The project site has no value, as habitat for endangered, rare or threatened species. As shown in Figure 6-1 of the San Rafael 2040 General Plan, the project site and surrounding area has a vegetative cover of “Urban/other” which is consistent with the developed nature of the site, including the existing hardscape and vacant commercial building, which limits the presence of critical habitat for endangered, rare or threatened species. The existing vacant building and trees on the site have the potential to provide habitat for roosting bats and nesting birds; however, as shown in Figure 2, the site’s features and surrounding areas do not represent value as habitat considering that they lack the ecological complexity, natural features, and documented, recurring use by rare, threatened, or endangered species necessary to be considered critical, sensitive, or valuable habitat. Figure 2. Aerial of Project Site General Plan Program C-1.12A requires that sites with suitable anthropogenic habitat be surveyed for the presence of special status species following accepted protocol prior to development-related habitat removal. Additionally, General Plan 4912-4970-3031 v1 Program C-1.13E requires pre-construction surveys if construction will occur during the bird nesting season. As such, consistent with these General Plan Programs and state requirements, any future development would be conditioned to conduct pre-construction surveys if demolition and/or tree removal will occur during the roosting and nesting seasons. Given the highly disturbed nature of the site and surrounding area, there is an overall lack of value as habitat for endangered, rare, or threatened species. Therefore, the Project complies with criteria c. D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. This memorandum relies on the impact criteria contained in Appendix G of the 2025 CEQA Guidelines to evaluate whether the project would result in significant effects relating to traffic, noise, air quality, or water quality. Traffic The project site is located approximately 100 feet southwest of US 101 Highway near the Civic Center SMART station. Vehicular access to the Project Site is via Merrydale Road, which is a two-lane north-south roadway with on-street parking and a posted speed limit of 25 miles per hour (mph). Merrydale Road is discontinuous, terminating at the Sonoma-Marin Area Rail Transit (SMART) railroad tracks and beginning again north of the railroad tracks. Redwood Highway runs north-south parallel to Merrydale Road and US-101. The roadway has two lanes with on-street parking. The prima facie speed limit is 25 mph. The site accesses Highway 101 via the Merrydale Road/US 101 South Ramps and Merrydale Road/North San Pedro Road intersections. • Merrydale Road/US 101 South Ramps is an all-way stop-controlled tee intersection with a yield-controlled channelized northbound right-turn. The intersection has a crosswalk on the east ramp leg. • Merrydale Road/North San Pedro Road is a signalized intersection with split phasing on the eastbound and westbound Merrydale Road approaches, protected left-turn phasing on eastbound North San Pedro Road, and a right-turn overlap on westbound North San Pedro Road. Crosswalks are provided on the north and west legs, and sidewalks are provided except the southeast corner. Anticipated trip generation was estimated using standard rates published by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, 2021. Rates for Multifamily Housing (Mid-Rise) Close to Transit (LU 221) in a dense, urban setting was applied to the housing units. These estimates conservatively do not include offsets for any existing or prior uses of the site. As shown in Table 2 4912-4970-3031 v1 below, the project would be expected to generate an average of 201 net new trips per day, with 25 am peak hour trips and 25 pm peak hour trips. Table 2. Trip Generation Summary Land Use Units (du) Daily AM Peak Hour PM Peak Hour Rate (per ksf) Trips Rate (per ksf) Trips Rate (per ksf) Trips Proposed Multifamily Housing (ITE 221) 100 2.01 201 0.25 25 0.25 25 Net New Trips 201 25 25 Vehicle Miles Traveled Pursuant to Senate Bill 743, transportation and traffic impacts should be measured using vehicle miles traveled (VMT) instead of the previously used Level of Service (California Office of Planning and Research [OPR] 2013). Reducing VMT is an effective climate strategy and is intended to decrease greenhouse gas emissions associated with the transportation sector while increasing benefits to human health. The 2022 City of San Rafael Transportation Analysis Guidelines (“guidelines”) include a list of VMT screening thresholds and indicate that projects meeting at least one of the thresholds would be presumed to not require CEQA VMT analysis. Figure 2 in the guidelines provides a map based on outputs from the Transportation Authority of Marin Demand Model that identifies low-VMT areas for residential development in the City of San Rafael. The project location is shown on the map as being in a low-VMT area, indicating that the VMT per capita is at least 15 percent below the average of the nine-county Bay Area. Therefore, the impact is presumed to be less than significant and does not require a quantitative VMT analysis. In addition, the project site is located within approximately 0.6-mile walking distance of the Civic Center SMART station. Projects in proximity to major transit stops are presumed to have a less-than-significant impact under the VMT standards applied by the State of California and most local lead agencies. Due to the proximity of these transit opportunities as well as a range of services in San Rafael, many project-generated trips would be made using non-vehicle modes of transportation, which supports the finding from the model data that the site is in a low-VMT area. The project’s VMT impact would be presumed to be less than significant. Pedestrian, Bicycle and Transit Facilities 4912-4970-3031 v1 Pedestrian Facilities: Pedestrian facilities include sidewalks, crosswalks, pedestrian signal phases, curb ramps, curb extensions, and various streetscape amenities such as lighting, benches, etc. In general, a network of sidewalks, crosswalks, pedestrian signals, and curb ramps provide access for pedestrians in the vicinity of the proposed project site; however, sidewalk gaps, obstacles, and barriers can be found along all of the roadways connecting to the project site. Existing gaps and obstacles along the connecting roadways impact convenient and continuous access for pedestrians and present safety concerns in those locations where appropriate pedestrian infrastructure would address potential conflict points. • Merrydale Road - Nearly continuous sidewalk coverage is provided on the east side of Merrydale Road except along one parcel where sidewalk has not been constructed by the property owner or the City. Pedestrians walking on the east side of Merrydale Road are able to walk adjacent to parked vehicles, out of the travel lane. No sidewalk is provided on the west side of Merrydale Road. Curb ramps and crosswalks at side street approaches are intermittent. At both study intersections along Merrydale Road channelized right turns conflict with pedestrian movements. Lighting is provided by overhead streetlights. • Redwood Highway - Nearly continuous sidewalk coverage is provided on the west side of Redwood Highway except along one parcel where sidewalk has not been constructed by the property owner or the City. Pedestrians do not need to enter the travel lane to walk on the west side of the street. There is no sidewalk coverage provided on the east side of Redwood Highway. Curb ramps at side street approaches are provided; however, there are no marked crosswalks. Overhead street lighting provides intermittent coverage. Bicycle Facilities: In the project area, there is a Class I bike path along the western side of the SMART tracks from Lincoln Avenue to Civic Center Drive. Bicyclists ride in the roadway and/or on sidewalks along all other streets within the project study area. Transit Facilities: Marin Transit provides fixed route bus service in Marin County, including the City of San Rafael. Marin Transit Route 35 provides regional service between San Rafael and Novato, and stops at Merrydale Road and North San Pedro Road. Route 35 operates seven days per week. Route 49 also stops at Merrydale Road and North San Pedro Road, although only the southbound stop is near the project site. Southbound Route 49 service connects San Rafael and Novato and is provided seven days per week. Route 145 is a school route that stops at Merrydale Road and North San Pedro Road and connects various neighborhoods in San Rafael to Terra Linda High School on the north side of the City. Service is provided on school days. Route 233 provides service between downtown San Rafael and the communities along North San Pedro Road, with a stop at Merrydale Road and North San Pedro Road in the southbound direction only. Southbound service is provided seven days per week. Route 245 provides service between downtown San Rafael and the 4912-4970-3031 v1 northern neighborhoods of San Rafael, with a stop along US 101 South between the Merrydale off-ramp and on-ramp, in the southbound direction only. Service is provided seven days per week. Route 257 provides regional service between San Rafael and unincorporated communities south of Novato, with stops at Los Ranchitos Road and Golden Hinde Boulevard. Route 257 operates Monday to Friday. Golden Gate Transit provides service between San Francisco and various communities in Marin and Sonoma Counties. Routes 44, 54, and 70 share a stop along US 101 South between the Merrydale off-ramp and on-ramp, in the southbound direction only. Route 44 service is provided Monday to Friday. Route 54 service is provided Monday to Friday. Route 70 service is provided seven days per week. At present, rail transit is located within one-half mile of the project site at the at-grade crossing on Civic Center Drive and the SMART Tracks. SMART provides service between San Rafael and Airport Road north of Santa Rosa, including stops in Novato, Petaluma, Cotati, Rohnert Park, and Santa Rosa. Extensions are planned to Windsor, Healdsburg, and Cloverdale in the north, and Larkspur in the south, where passengers can transfer to ferries to San Francisco. Service is provided seven days per week. As discussed above, SMART service and numerous bus routes are available within a short walking distance of the project site and provide service to a wide variety of destinations, and existing transit routes are adequate to accommodate project-generated transit trips. Impacts related to pedestrian, bicycle and transit facilities would be less than significant. Site Circulation and Access The project would not result in changes to the physical or operational conditions of the roadway that would introduce hazards, and the project impact with regard to these factors would be less than significant. Site access would be unchanged and impacts related to emergency access and response times would also be less than significant. Conclusion Impacts related to VMT and site circulation and access would be less than significant. The project would meet the requirements for Traffic under criterion d. Noise Noise Fundamentals Sound is a vibratory disturbance created by a moving or vibrating source, which is capable of being detected by the hearing organs. Noise is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more specific group of sounds. Noise levels are commonly measured in decibels (dB) using the A-weighted sound pressure level (dBA). The A-weighting scale is an adjustment 4912-4970-3031 v1 to the actual sound pressure levels so that they are consistent with the human hearing response, which is most sensitive to frequencies around 4,000 Hertz and less sensitive to frequencies around and below 100 Hertz (Kinsler, et. al. 1999). Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used to measure earthquake magnitudes. A doubling of the energy of a noise source, such as doubling of traffic volume, would increase the noise level by 3 dB; dividing the energy in half would result in a 3 dB decrease (Crocker, 2007). Human perception of noise has no simple correlation with sound energy: the perception of sound is not linear in terms of dBA or in terms of sound energy. Two sources do not “sound twice as loud” as one source. It is widely accepted that the average healthy ear can barely perceive changes of three (3) dBA, increase or decrease (i.e., twice the sound energy); that a change of five (5) dBA is readily perceptible (eight [8] times the sound energy); and that an increase (or decrease) of 10 dBA sounds twice (half) as loud as what is readily perceptible (Crocker, 2007). Sound changes occur in both level and frequency spectrum as it travels from the source to the receptor. The most obvious change is the decrease in level as the distance from the source increases. The manner by which noise reduces with distance depends on factors such as the type of sources (e.g., point or line, the path the sound will travel, site conditions, and obstructions). Noise levels from a point source typically attenuate, or drop off, at a rate of six (6) dBA per doubling of distance (e.g., construction, industrial machinery, ventilation units). Noise from a line source (e.g., roadway, pipeline, railroad) typically attenuates at about three (3) dBA per doubling of distance (California Department of Transportation [Caltrans], 2013). Noise levels may also be reduced by intervening structures; the amount of attenuation provided by this “shielding” depends on the size of the object and the frequencies of the noise levels. The impact of noise is not a function of loudness alone. The time of day when noise occurs, and the duration of the noise are also important factors of project noise impact. Most noise that lasts for more than a few seconds is variable in its intensity. Consequently, a variety of noise descriptors have been developed by academics and industry professionals. One of the most frequently used noise metrics is the equivalent noise level (Leq); it considers both duration and sound power level. Leq is defined as the single steady A-weighted level equivalent to the same amount of energy as that contained in the actual fluctuating levels over time. Noise that occurs at night tends to be more disturbing than that occurring during the day. Community noise is often measured using Day-Night Average Level (Ldn or DNL), which is a 24-hour average noise level with a +10 dBA penalty for noise occurring during nighttime (10:00 p.m. to 7:00 a.m.) hours (Caltrans, 2013). Noise Standards 4912-4970-3031 v1 City of San Rafael General Plan: The San Rafael General Plan Noise Element noise compatibility guidelines illustrate the State guidelines established by the State Department of Health Services for acceptable noise levels for each county and city. These standards and criteria are incorporated into the land use planning process to reduce future noise and land use incompatibilities. This table is the primary tool that allows the city to ensure integrated planning for compatibility between land uses and outdoor noise. As shown in Table 3, for residential land uses, noise levels of up to 60 dBA are considered “Normally Acceptable” and noise levels of 60 to 70 dBA are considered “Conditionally Acceptable”. Table 3 Noise Compatibility Guidelines for San Rafael Land Use Categories Exterior Noise Levels - Community Noise Equivalent Level (CNEL) Normally Acceptable1 Conditionally Acceptable2 Normally Unacceptable3 Clearly Unacceptable4 Residential (Low-Density, Single-Family, Duplex, Mobile Homes) 50-60 60-70 70-75 75-85 Residential (Multiple-Family) 50-65 65-70 70-75 70-85 Transient Lodging, Motels, Hotels 50-65 65-70 70-80 80-85 Schools, Libraries, Churches, Hospitals, Nursing Homes 50-65 65-70 70-80 80-85 Auditoriums, Concert Halls, Amphitheaters N/A 50-70 N/A 70-85 Sports Arenas, Outdoor Spectator Sports N/A 50-75 N/A 75-85 Playgrounds, Neighborhood Parks 50-70 70-75 75-85 N/A Golf Courses, Riding Stables, Water Recreation, Cemeteries 50-70 70-80 80-85 N/A Office Buildings, Business Commercial and Professional 50-70 70-75 75-85 N/A Industrial, Manufacturing, Utilities, Agriculture 50-70 70-80 80-85 N/A 1 Normally Acceptable: Specified land use is satisfactory based upon the assumption that any buildings involved meet conventional Title 24 construction standards. No special noise insulation requirements. 2 Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise analysis is made and noise reduction measures are identified and included in the project design 3 Normally Unacceptable: New construction or development is discouraged. If new construction is proposed, a detailed analysis is required, noise reduction measures must be identified, and noise insulation features included in the design. 4 Clearly Unacceptable: New construction or development should not be undertaken Source: San Rafael 2021 The following goals and policies from the Noise Element are relevant to the proposed project. Policy N-1.2: Maintaining Acceptable Noise Levels. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities. (a): New development shall not increase noise levels by more than 3 dB Ldn in a residential area, or by more than 5 dB Ldn in a non-residential area. 4912-4970-3031 v1 Policy N-1.9: Maintaining Peace and Quiet. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities. Program N-1.9B: Construction Noise. Establish a list of construction best management practices (BMPs) for future projects and incorporate the list into San Rafael Municipal Code Chapter 8.13 (Noise) The City Building Division shall verify that appropriate BMPs are included on demolition, grading, and construction plans prior to the issuance of associated permits Policy N-1.11: Vibration. Minimize noise conflicts resulting from everyday activities such as construction, sirens, yard equipment, business operations, night-time sporting events, and domestic activities. Program N-1.11A: Vibration-Related Conditions of Approval. Adopt Standard conditions of approval in San Rafael Municipal Code Chapter 8.13 (Noise) that apply Federal Transit Administration (FTA) criteria for acceptable levels of groundborne vibration for various building types. These conditions should: (a) reduce the potential for vibration-related construction impacts for development projects near sensitive uses such as housing, schools, and historically significant buildings (b) reduce the potential for operational impacts on existing or potential future sensitive uses such as uses with vibration-sensitive equipment (e.g., microscopes in hospitals and research facilities) or residences. Vibration impacts shall be considered as part of project level environmental evaluation and approval for individual future projects. If vibration levels exceed FTA limits, conditions of approval shall identify construction and operational alternatives that mitigate impacts. City of San Rafael Municipal Code: To implement the City’s noise policies, the City adopted Chapter 8.13 Noise (Noise Ordinance) in the San Rafael Municipal Code (SRMC). SRMC Section 8.13.040 states that the general noise limits contained in Table 4 shall apply subject to the exceptions and exemptions set forth in the chapter. Where two or more noise limits may apply, the more restrictive noise limit shall govern. For purposes of determining sound levels from any source of sound, a sound level measurement shall be made at any point on any receiving private or public property. In multifamily structures, the microphone shall be placed no closer than 3.5 feet from a wall through which the source of sound at issue is transmitting and shall also be placed five feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall. Sound level measurements shall be made with a sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for intermittent sound. Slow or fast response may be used for constant noise sources. For intermittent sound, the one second rms maximum level (Lmax) shall be used. For constant sound, the average level (Leq) shall be used. Table 4 San Rafael General Noise Limits 4912-4970-3031 v1 Noise Level (dBA) Daytime1 Nighttime1 Land Use Intermittent Constant Intermittent Constant Residential 60 50 50 40 Mixed-Use 65 55 55 45 Multifamily Residential 40 35 35 30 Commercial 65 55 65 55 Industrial 70 60 70 60 1 Daytime = 7am-9pm (Sun-Thu); 7am-10pm (Fri-Sat); Nighttime = 9pm-7am (Sun-Thu); 10pm-7am (Fri-Sat) Source: City of San Rafael Ordinance, Chapter 8.13 Section 8.13.050(A), Standard exceptions to general noise limits – Construction, states that on any construction project on property within the city, construction, alteration, demolition, maintenance of construction equipment, deliveries of materials or equipment, or repair activities otherwise allowed under applicable law shall be allowed between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturdays, provided that the noise level at any point outside of the property plane of the project shall not exceed 90 dBA. All such activities shall be precluded on Sundays and holidays. Sensitive Receptors Some land uses are generally regarded as being more sensitive to noise than others due to the types of population groups or activities involved. Sensitive population groups include children and the elderly. Sensitive land uses generally include residential areas, hospitals, schools, childcare facilities, senior facilities, libraries, churches, and parks. The nearest sensitive receptors are residences across Merrydale (75 feet to the west) and a senior care facility on Redwood Highway (800 feet to the south), and residential development along Merrydale (1,000 feet to the south). Existing Noise Environment The project site is in the City of San Rafael, Marin County, in a characteristically urban area subject to noise from nearby Highway 101, local traffic on public streets, buses, trains, light rail, construction, and small power equipment (e.g., lawn mowers, edger, etc.). The project site is located to the west of Redwood Highway (US-101) on Merrydale Road in the City of San Rafael. The primary noise source at the site is vehicular traffic along US- IO I and local traffic along Merrydale Road. US-101 is elevated by about 10 feet above the ground level of the site. Residential and commercial structures surround the project site. A noise monitoring survey was performed in the vicinity of the project site beginning Monday, May 21, 2018 and concluding on Thursday, May 24, 2018. The primary noise sources at the site were traffic on Redwood Highway and Highway 101. 4912-4970-3031 v1 Construction of the project would generate temporary noise that would be audible at nearby residences. Noise associated with construction is a function of the type of construction equipment, the location and sensitivity of nearby land uses, and the timing and duration of the construction activities. Construction of the project would generate temporary noise that would be audible at nearby residences to the south and east of the project site. Noise associated with construction is a function of the type of construction equipment, the location and sensitivity of nearby land uses, and the timing and duration of the construction activities. Based on construction details provided by the applicant, it is estimated that the construction period for all phases would be approximately 30 months. While all phases of construction would generate noise, the demolition, grading and building construction phases would represent the loudest periods of noise-generating activity. The greatest anticipated sources of construction noise would be generated by large earthmoving equipment such as large bulldozers and industrial concrete saws. Construction noise was estimated using the Federal Highway Administration (FHWA) Roadway Construction Noise Model (RCNM) (FHWA 2006). It is anticipated that the maximum noise level associated with construction equipment would be 90 dBA at a distance of 50 feet from the source. Pile driving is not anticipated in any phase of construction. Construction would be limited to hours allowed by the City’s Municipal Code Section 8.13.050(A). The project would introduce sources of operational noise to the site, including HVAC. The City applies conditions of approval (COA) to implement Program N-1.9B: Construction Noise of the 2040 General Plan EIR. The following condition of approval would be applied to the project.  COA-Construction Noise. During construction, the project shall: 1. Properly muffle and maintain all construction equipment powered by internal combustion engines. 2. Prohibit unnecessary idling of combustion engines. 3. Locate all stationary noise-generating construction equipment such as air compressors as far as practical from existing nearby residences and other noise-sensitive land uses. Such equipment shall also be acoustically shielded. 4. Select quiet construction equipment, particularly air compressors, whenever possible. Fit motorized equipment with proper mufflers in good working order. 5. Residences adjacent to project sites shall be notified in advance by writing of the proposed construction schedule before construction activities commence. 6. The project applicant shall designate a “noise disturbance coordinator” responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of any noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator shall be posted at the construction site. 7. Erect temporary noise barriers to limit construction noise to no more than 90 dBA Lmax at residences. Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square 4912-4970-3031 v1 foot with no gaps from the ground to the top of the barrier at a minimum height of 12 feet along the southern and eastern project boundaries. If a sound blanket is used, barriers shall be constructed with solid material with a density of at least one pound per square foot with no gaps from the ground to the top of the barrier and be lined on the construction side with acoustical blanket, curtain or equivalent absorptive material rated sound transmission class (STC) 32 or higher. Additionally, construction activity would occur within the allowable construction day and time limits defined in the City of San Rafael Code of Ordinances: between 7:00 a.m. and 8:00 p.m. Monday through Friday and between 9:00 a.m. and 6:00 p.m. on Saturday. Implementation of the COA above would be required and would decrease construction noise by at least 15 dBA (Harris 1991; Bies, Hansen, Howard 2018) to 89 dBA Lmax. This would be below the construction noise threshold of 90 dBA Lmax and impacts would be less than significant. Airport Noise Aircraft noise can occasionally be an issue in San Rafael due to aircraft passing overhead and planes taking off and landing at San Rafael Airport, a small private airport in the Smith Ranch area. The City is also home to a private heliport, located in southeast San Rafael near Point San Quentin. Aircraft noise is regulated by Federal Aviation Administration standards and by the California Code of Regulations. The State Code limits noise-sensitive land uses such as housing in areas where aircraft exterior noise levels exceed 65 dBA CNEL. As the maps in General Plan Appendix I indicate, noise levels are below this level at San Rafael Airport and are expected to remain below this level in the future. The San Rafael Airport is located approximately 1.0 mile to the east and is not located within the 65 dBA CNEL noise contour of this airport (City of San Rafael 2021). There is no other public or private use airport within two miles of the project site. Therefore, there would be no impact. Air Quality Construction activities associated with development of the project would temporarily generate emissions associated with diesel-powered construction equipment and fugitive dust. Construction emissions modeled include emissions generated by construction equipment used on the site and emissions generated by vehicle trips associated with construction, such as worker, hauling, and vendor trips. Operation of the project would generate criteria air pollutant emissions associated with area sources (e.g., architectural coatings, consumer products, and landscaping equipment) and mobile sources (i.e., vehicle trips to and from the project site). The Bay Area Air Quality Management District (BAAQMD) 2022 CEQA Guidelines provide preliminary screening for a lead agency to consider in making a conservative determination of a project’s potential impacts on air quality based on proposed land-use (i.e. residential, commercial, industrial, etc.). Projects that are below the screening criteria are reasonably expected to result in less than significant impacts to air quality since pollutant emissions would be minimal and as such, preparation 4912-4970-3031 v1 of a quantitative analysis is not needed. The screening level criteria for residential development (apartment or condo/townhouse) is 416 dwelling units for construction and 638 dwelling units for operation. The maximum anticipated development of the site would be 137 units. When projects exceed the BAAQMD screening criteria, a detailed assessment of the project’s criteria air pollutant and precursor impacts would be warranted to determine if the project would result in significant impacts related to air quality. The Project proposes the development of a maximum of 137 dwelling units, which is below the screening size for construction (416 dwelling units) and operation (637 dwelling units) (BAAQMD, 2022). Given that the proposed project size is well below the screening criteria, the Project does not trigger the need for a detailed assessment of the Project’s criteria air pollutant and precursor emissions and therefore the proposed project will not result in significant effects related to air quality during project construction or operation. The Project will be required to comply with conditions of approval requiring implementation of best management practices (BMPs) established by BAAQMD. Water Quality The project site is currently developed with existing structures and surface parking, and there are no wetlands on or adjacent to the project site. The site is comprised almost entirely of impervious surfaces under existing conditions, and this condition would not substantially change with the proposed project. The City of San Rafael’s Urban Runoff Pollution Prevention ordinance (SRMC Chapter 9.30) includes provisions to comply with federal requirements for the control of urban pollutants in storm water runoff during construction and operation. The ordinances require construction projects to implement BMPs during construction to prevent discharge of construction contaminants including erosion and sediment controls and pollution prevention practices, and to implement an Erosion and Sediment Control Plan if subject to a grading or building permit. Therefore, this impact would be less than significant. E. The site can be adequately served by all required utilities and public services. The project site is located within the City of San Rafael and would continue to be adequately served by City and regional services. The Property is currently being served and water service would continue to be provided by the Marin Municipal Water District (MMWD), though the purchase of additional water allotment will be required. The proposed project is consistent with the expected growth in the Downtown Precise Plan and the EIR prepared for the 2040 General Plan concluded that MMWD will have sufficient water supply to meet the demand for buildout of the General Plan pursuant to the MMWD Water Resources Plan 2040 (March 2017) and would neither exceed planned levels of supply nor require building new water treatment facilities or expanding existing facilities beyond what is currently planned. 4912-4970-3031 v1 Therefore, the proposed project would not have a significant effect on electricity or water utility services. Wastewater service would be provided by the Las Gallinas Valley Sanitation District. The EIR for the General Plan concluded that the expected increase in population as a result of the plans would not exceed the permitted capacity of the wastewater treatment plant or have other significant impacts to wastewater. The proposed project is consistent with the development anticipated by the General Plan and, therefore, the proposed project would not have a significant effect on wastewater. As the proposed project is within the planned development of the area and can be served by all utilities and would exceed the capacity of or require the construction or expansion of new utility services, it can be concluded that the project can be adequately served by all required utilities and public services. Exceptions to the Exemption If a project qualifies for use of a categorical exemption, then the lead agency must determine whether the categorical exemption is unavailable because the project is subject to an exception to the categorical exemptions (CEQA Guidelines § 15300.2.). A project will not qualify as exempt if it is subject to one of the six exceptions provided below: (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located. (b) Cumulative Impact. All exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources within a highway officially designated as a state scenic highway. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. As described below, none of the exceptions to the exemption apply. a. Location. Section 15300.2(a) does not apply to a Class 32 infill exemption. 4912-4970-3031 v1 b. Cumulative Impact. Cumulative impacts relates to successive projects of the same type in the same place. No development is proposed at this time; however, the City maintains a list of active development project on the Major Project webpage: Major Planning Projects - San Rafael Cumulative project for 350 Merrydale include the Northgate Mall Redevelopment, 555 Northgate, and the project at 4040 Civic Center Drive. The project would not affect sensitive biological resources and therefore would not result in a cumulative impact related to biological resources. As noted in the report, VMT and air quality analyses already take into account cumulative impacts and these impacts were found to be less than significant. The proposed project would not contribute pollutants such that water quality would be impacted and would be served by available utilities and public services. The project would not result in a cumulatively considerable contribution to potential cumulative impacts. The project would involve temporary noise and vibration during construction; however, these effects are localized and would cease upon cessation of construction activities. Construction noise impacts would not perceptibly overlap for the proposed project and the projects listed above, given their distance from the site; the other projects are over 0.25-miles from the project site. Noise attenuates over distance and as a result of intervening buildings and topography, and construction noise from other projects would not be substantially perceptible at the project site. Overall, the project would not result in a significant contribution to potential cumulative impacts. Therefore, this exception does not apply to the proposed project. c. Significant Effect and Unusual Circumstances. CEQA Guidelines Section 15300.2 states that “a categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” The project site is a level, paved and developed site in an urbanized area surrounded by other development. Neither the site, its surroundings, or the proposed project itself (a residential project on a level site in an urban area) are unusual in terms of existing conditions, land uses or proposed features. The potential presence of cultural resources is not uncommon or unusual in urban neighborhoods in the Bay Area, and as discussed further below, impacts related to cultural resources would be less than significant with implementation of existing City regulations. The project site does not possess characteristics which would qualify as unusual circumstances under CEQA Guidelines Section 15300.2. There are no known unusual circumstances at the project site or related to project operations that would result in a reasonable possibility of significant effects on the environment. Therefore, this exception to a Categorical Exemption does not apply to the proposed project. d. Scenic Highways. Section 15300.2(d) does not apply because the project site is not in proximity or visible to any designated scenic highway or highway eligible for 4912-4970-3031 v1 designation based on the State of California’s Scenic Highway program (Caltrans, 2025). e. Hazardous Waste Sites. The site is not a hazardous waste site and is not included on a list compiled pursuant to Section 65962.5 of the Government Code (DTSC 2025, SWRCB 2025). This exception is not applicable to the proposed project. f. Historical resources. CEQA Guidelines Section 15300.2(f) states that a categorical exemption “shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.” Archeological Resource Service prepared a Cultural Resources Evaluation for the project site in March of 2018. The assessment included: a California Historical Resources Information System (CHRIS) records search; a check of historical reference to determine potential for archeological deposits; a surface reconnaissance of all accessible parts of the site for visible signs of potentially significant historic or prehistoric deposits; and contact with all appropriate Native American organizations or individuals designated by the Native American Heritage Commission to determine the presence or absence of listed Sacred Lands within the project area. Archeological Resource Service concluded that no indicators of Native American habitation or use is expected as this location. No archeological monitoring was required, but several recommendations made with the intention of minimizing potential negative impacts to cultural resources in the event that they are discovered in the project area. The City has adopted a number policies and regulations to protect cultural and historical resources, including: • San Rafael General Plan 2040 Policy CDP-5.13 • Resolution No. 10980. • San Rafael Code of Ordinances Chapter 2.19 - Archeological Resources Protection Accordingly, the City, as a standard regulatory practice, includes conditions of approval for projects on sites with the potential to contain cultural resources, as required by these City policies and regulations. The following conditions of approval (COA) to implement these existing regulations would apply to the proposed project:  COA-Cultural Resources-1 Retention of a Qualified Archaeologist. Prior to the start of project-related ground disturbance activities that may include, but are not limited to, demolition, pavement removal, potholing, grubbing, tree removal, trenching, excavation or grading, the applicant shall retain an archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards (Qualified Archaeologist) in prehistoric archaeology to oversee all Conditions of Approval associated with cultural resources.  COA-Cultural Resources-3 Unanticipated Discoveries of Archaeological Resources. Should archaeological resources unrelated to those associated with the resource addressed in COA –2, as determined by the Qualified Archaeologist, 4912-4970-3031 v1 be encountered during ground disturbing activities, work shall be immediately halted within 50 feet of the discovery until the Qualified Archaeologist has inspected the find. Discoveries may consist of pre-contact and/or historic-period resources. Construction shall not resume within the discovery area until the Qualified Archaeologist has conferred on the significance of the resources with the City, and Native American representatives for resources of an indigenous nature. If it is determined that the unanticipated discovered archaeological resource constitutes a historical resource or a unique archaeological resource under CEQA, avoidance and preservation in place is the preferred manner of mitigation. Preservation in place of the unanticipated discovery may be accomplished by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site into a permanent conservation easement. In the event that preservation in place of the unanticipated discovery is demonstrated to be infeasible and data recovery through excavation is the only feasible mitigation available, an Archaeological Resources Treatment Plan shall be prepared and implemented by the Qualified Archaeologist in consultation with the City that provides for the adequate recovery of the scientifically consequential information contained in the archaeological resource. The Qualified Archaeologist and City shall consult with appropriate Native American representatives in determining treatment for pre-contact or indigenous resources to ensure cultural values ascribed to the resource, beyond those that are scientifically important, are considered. With application of existing City regulations and standard conditions of approval, the proposed project would not result in an adverse change to the significance of a cultural resource, and this exception is not applicable to the proposed project. VIII. CONCLUSION Based on this analysis, the Project qualifies for a Categorial Exemption under CEQA Section 15183 as the Project is consistent with the development density established by existing zoning and general plan policies associated with the certified City of San Rafael 2040 General Plan. The Project also meets the criteria for a Class 32 Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines and is exempt from CEQA pursuant to CEQA Guidelines Article 19. 4912-4970-3031 v1 IX. REFERENCES Bay Area Air Quality Management District (2022). Bay Area Air Quality Management District 2022 CEQA Guidelines. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines-chapter-4-screening_final-pdf.pdf?rev=ac551d35a52d479dad475e7d4c57afa6&sc_lang=en. Accessed November 3, 2025. California Department of Transportation (Caltrans), 2025. California State Scenic Highways. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. Accessed 3 November 2025. City of San Rafael (2021). San Rafael General Plan 2040. City of San Rafael. https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/09/FullDocument-Adopted080221.pdf City of San Rafael (2021). San Rafael General Plan 2040 & Downtown Precise Plan Final EIR. City of San Rafael. Available at: https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/06/FinalEIR_Combined_WithAppendix_05-21-2021-v2.pdf City of San Rafael (2022). City of San Rafael Transportation Analysis Guidelines. City of San Rafael. Available at: https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/sanrafaelca/2024/08/SanRafael_TA_Guidelines_Feb-2022.pdf Crocker, Malcolm J. (Editor) (2007). Handbook of Noise and Vibration Control Book, ISBN: 978-0-471-39599-7, Wiley-VCH, October. California Department of Toxic Substances Control (2025). EnviroStor. https://www.envirostor.dtsc.ca.gov/public/. Accessed November 3, 2025. Federal Transit Administration (FTA) (2018). Transit Noise and Vibration Impact Assessment Manual. U.S. Department of Transportation Federal Transit Administration. Available at: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no-0123_0.pdf Harris, Cyril, 1991, Handbook of Acoustical Measurements and Noise Control Third Edition. Illingworth &Rodkin, Inc, 2018. 3833 Redwood Boulevard Environmental and Vibration Assessment. 4912-4970-3031 v1 Institute of Transportation Engineers (ITE) (2021). Trip Generation Manual, 11th Edition. Institute of Transportation Engineers (ITE). Available at: https://www.ite.org/pub/?id=FB8FA48B-9560-D85F-56A4-5A6F8CD1A9CF Kinsler, Lawrence E. and R. Frey, Austin and B. Coppens, Alan and V. Sanders, James. Fundamentals of Acoustics, 4th Edition. ISBN 0-471-84789-5. Wiley-VCH, December 1999. Kirchmann, Jason, PE, PLS, QSD/SP. “Subject: 3R’s School Site (350 Merrydale Road – San Rafael, CA) – Hydrology Analysis.” Received by Josh Minshall, Department of Public Works, City of San Rafael 25 Oct. 2018. Niebanck, M.B., PG (2025). Phase I Environmental Site Assessment, 350 Merrydale Road, San Rafael, California. Amicus – Strategic Environmental Consulting. Roop, W., M.A., RPA, (2018). A Cultural Resources Evaluation of 350 Merrydale, 3833 Redwood Highway, San Rafael, Marin County, California. Archeological Resource Group. State Water Resources Control Board, 2025. Geotracker. https://geotracker.waterboards.ca.gov. Accessed November 3, 2025. ATTACHMENTS A. General Plan Consistency Determination B. City of San Rafael City Council Ordinance No. 1979 Attachment A General Plan 2040 Consistency Analysis 350 Merrydale LAND USE ELEMENT Policy LU-1.2: Development Timing For health, safety, and general welfare reasons, new development should only occur when adequate infrastructure is available, consistent with the following findings: • The project is consistent with adopted Vehicle Miles Traveled (VMT) standards, as well as the requirements for Level of Service (LOS) specified in the Mobility Element. • Planned circulation improvements necessary to meet City standards for the project have funding commitments and completed environmental review. • Water, sanitary sewer, storm sewer, and other infrastructure improvements needed to serve the proposed development have been evaluated and confirmed to be in place or to be available to serve the development by the time it is constructed. • The project has incorporated design and construction measures to adequately mitigate exposure to hazards, including flooding, sea level rise, and wildfire. Consistent. The City proposes to acquire the property at 350 Merrydale (“Property”) and no development is proposed at this time. Future development at the site was anticipated by the General Plan and it was determined by the General Plan EIR that the existing circulation network would be adequate to serve the Property. The Property would be served by public utilities for water, sanitary sewer, stormwater and other infrastructure. Any development would not be exposed to risks related to sea level rise or wildfire, and flooding would be addressed through the building permit process. While project specific details are not available at this time, the 2040 General Plan evaluated future residential development at the site at a maximum net density of 21.8-43.6 units/net acre and anticipated the future development of the site with a 45-unit townhome project and therefore the proposed acquisition is consistent with this policy. Policy LU-1.3: Land Use and Climate Change. Focus future housing and commercial development in areas where alternatives to driving are most viable and shorter trip lengths are possible, especially around transit stations, near services, and on sites with frequent bus service. This can reduce the greenhouse gas emissions associated with motor vehicle trips and support the City’s climate action goals. Consistent. The Property is located in a central area near transit stations with frequent bus service and is located close to the Marin Civic Center Sonoma-Marin Area Rail Transit (SMART) station. SMART provides service from Larkspur to the Sonoma County Airport. This Property allows for future housing in an area with alternatives to driving and therefore is consistent with this policy. Policy LU-1.8: Density of Residential Development. Use the density ranges in the Land Use Element to determine the number of housing units allowed on properties within the Planning Area. The following provisions Consistent. The land use designation for the site is Community Commercial Mixed Use, which allows for 21.8 to 43.6 units per net acre and a maximum commercial FAR of 0.3. While project specific details are not available at this time, the 2040 General Plan evaluated future residential development at the site at a maximum net density of 21.8-43.6 units/net acre and anticipated the future development of the site with a 45-unit townhome project. Based on the size of the site (2.29 acres) and the maximum net density (21.8-43.6 units/net acre), site is anticipated to accommodate 50-100 units. Future development would be required to comply with the density standard contained in the General Plan and State Density Bonus law and therefore the proposed acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale apply: • The density “range” includes a maximum and minimum. A given General Plan designation may have multiple corresponding zoning districts, including at least one district in which the maximum density may be achieved. Other zoning districts may have maximum densities that are less than the maximum indicated by the General Plan • Calculation of allowable units shall be rounded to the nearest whole number. Where the number is less than 0.5, it shall be rounded down. Where the number is 0.5 or greater, it may be rounded up. • The number of units permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access • (including wildfire evacuation constraints), the adequacy of infrastructure, City design policies, and prevailing densities in adjacent areas. o The maximum net density shown on the General Plan excludes density bonuses that may be provided for affordable housing or other community benefits, in accordance with State law and local policies. • As required by State law, an accessory dwelling unit (ADU) or junior ADU shall not be counted as a dwelling unit for the purposes of calculating net density • Areas in the “Downtown Mixed Use” General Plan category shall be exempt from the requirements of this policy and are instead subject to standards defined by the Downtown Precise Plan. Program LU-1.8B: Minimum Densities. The net density of new development shall be no less than the lower end of the density range specified by the General Plan for that property. Policy LU-1.10: Intensity of Non-Residential Development. Use the Floor Area Ratio limits on Figure 3-2 to determine the square footage of building space allowed on properties with non-residential General Plan designations. The following provisions apply: • As with density, FAR is calculated on a “net” basis, and is based on the area of each parcel excluding streets and easements. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale • The maximum FAR stated by the General Plan is not guaranteed. The square footage permitted on a given parcel may be affected by site resources and constraints, potentially hazardous conditions, climate- related factors (sea level rise, fire hazards, etc.), traffic and access • (including wildfire evacuation constraints), the adequacy of infrastructure, and City design policies. • The maximum FARs shown in Figure 3-2 exclude any residential development on the property. In the event that residential uses or mixed use projects are proposed on these sites, the maximum area is the sum of the FAR allowance plus the residential density allowance for the property. This Clause does not apply to Downtown San Rafael, which is regulated by the Downtown Precise Plan. Policy LU-1.15: Planned Development Zoning. Encourage the use of Planned Development (PD) zoning for development on parcels greater than five acres when the application of traditional zoning standards would make it more difficult to achieve General Plan goals. The PD zoning designation allows flexible design standards that are more responsive to site conditions as well as the transfer of allowable General Plan and zoning density between contiguous sites under common ownership. Consistent. The Property is zoned PD District and therefore is consistent with this policy. Policy LU-1.17: Building Heights. Use General Plan Figures 3-3 and 3- 4 as the basis for determining “baseline” maximum building heights in San Rafael. Maximum heights should continue to be codified through zoning and any applicable Specific Plans or Precise Plans. In addition, the following specific provisions related to building heights shall apply: • Height of buildings existing or approved as of January 1, 1987 shall be considered as conforming to zoning standards. Hotels outside of the Downtown Precise Plan boundary have a 54-foot height limit. Within Downtown, the height provisions of the Downtown Precise Plan apply (see Figure 3-4). • As provided for by Policy LU-1.18, “baseline” building heights are subject to height bonuses where specific community benefits are provided, where a Variance or zoning exception is granted, or Consistent. Future development would be evaluated through the planning process and would be required to comply with applicable General Plan standards pertaining to height and State Density Bonus law, if applicable. Therefore, the proposed acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale where a Transfer of Development Rights (TDR) is being implemented. • Heights may be increased by up to six (6) feet above the baseline building heights as necessary to mitigate the exposure of properties to sea level rise and other flooding hazards (e.g., raising the first floor of habitable floor space above anticipated tidal flood elevations). Policy LU-2.12: Innovative Housing Types. Encourage non-traditional and innovative forms of housing that respond to local housing needs, changing demographics, high housing costs, remote work trends, and sustainability goals. Consistent. Future development of this Property responds to the needs of San Rafael’s unsheltered population through temporary housing and access to services. Policy LU-3.2: New Development in Residential Neighborhoods. Preserve, enhance, and maintain the residential character of neighborhoods to keep them safe, desirable places to live. New development, redevelopment of existing buildings, and land use changes within and adjacent to residential areas should: • Enhance neighborhood image and design quality • Incorporate sensitive transitions in height and setbacks from adjacent properties • Preserve historic, unique, and architecturally significant structures • Respect and enhance natural features and terrain • Reduce exposure to hazards, including limited emergency vehicle access • Include amenities such as sidewalks, pathways, trees, and other landscape improvements • Maintain or enhance infrastructure service levels • Meet expected parking demand • Minimize reduction of views, privacy, and solar access for neighboring properties Consistent. The Property is designated Community Commercial Mixed Use (21.8-43.6 units/net acre; maximum FAR 0.3), which anticipates future residential development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with applicable development standards, including height, setbacks, parking, affordable housing, and environmental protection measures such as setbacks to creeks and landscaping requirements. Therefore, the acquisition is consistent with this policy. Policy LU-3.3: Housing Mix. Encourage a diverse mix of housing choices in terms of affordability, unit type, and size, including opportunities for both renters and owners. Consistent. Acquisition of the Property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Policy LU-3-4: Property Maintenance. Require owners to maintain their properties in good condition and appearance and to eliminate unsafe and unhealthy conditions. Consistent. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. The City is proposing to acquire the property and would ensure the property is maintained in good condition and appearance. Therefore, the acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Policy LU-3.4B: Conditions of Approval. Use the development review process to establish conditions of approval, including maintenance of landscaping and other improvements. Use building inspection and code enforcement processes to ensure that these conditions and other mitigation or monitoring responsibilities are carried out. Consistent. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with requirements for stormwater facilities operations and maintenance, and waste and recycling maintenance for commercial and residential uses. Therefore, the acquisition is consistent with this policy. NEIGHBORHOODS ELEMENT Policy NH-4.1: North San Rafael. Maintain North San Rafael’s character as an attractive, suburban community with a strong sense of community identity and easy access to well-managed open space and parks, convenient shopping and services, and excellent schools. The City is committed to protecting and restoring North San Rafael’s natural environment, investing in multi-modal transportation improvements that make it easier to get around, creating new gathering places and activity centers, sustaining business vitality, and creating new housing options that respond to diverse community needs. Plans for North San Rafael need to recognize that this is a distinct and unique part of San Rafael. Standards for density, design, traffic, and parking shall be tailored to reflect local context. North San Rafael residents will be invited to have a voice at the citywide level and be directly involved in shaping decisions about the future of their community. Consistent. The City of San Rafael proposes to acquire the property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with this policy. Therefore, the acquisition is consistent with this policy. Policy NH-4.9: Neighborhood Character. Strengthen Rafael Meadows and Redwood Village as attractive low to moderate density neighborhoods. Improve connectivity between these neighborhoods and nearby amenities, such as the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center, particularly for local pedestrians and cyclists. Consistent. The Property is planned to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development, which would provide housing in close proximity to the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center, particularly for local pedestrians and cyclists. Policy NH-4.10: Merrydale Area. Encourage attractive, productive land uses along Merrydale Road and Redwood Highway, including housing, commercial, and office uses near the Civic Center SMART station. Any development in this area should have a cohesive and positive impact on North San Rafael, maintain local quality of life, and be compatible with adjacent lower density residential uses. Consistent. The Property is planned to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development, which would provide housing in close proximity to the Civic Center SMART station, the Marin Civic Center, and the North San Rafael Town Center. No development is proposed at this time, however, the future residential development would be evaluated through the planning process to ensure the future development complies with this policy. Therefore, the acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale COMMUNITY DESIGN AND PRESERVATION ELEMENT Policy CDP-1.2: Natural Features. Recognize and protect the key natural features that shape San Rafael’s identity, including the Bay, local hills and ridgelines, creeks and wetlands, tree cover, and views of Mt. Tamalpais and other natural landmarks. Height limits and other building standards should respect San Rafael’s natural topography and reinforce its sense of place, including the character and boundaries of individual neighborhoods. Consistent The Property would be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. The Property is located in an urbanized area, surrounded by existing development of varying scale and intensity While distant hillsides are visible from locations surrounding the Property, there are no unique visual features or scenic resources available at the Property. No development is proposed at this time; however, the future residential development would be evaluated through the planning process to ensure site design elements are designed in accordance with what is appropriate and required for the property and surrounding area. Therefore, the proposed acquisition is consistent with these policies. Policy CDP-1.5: Views. Respect and enhance to the greatest extent possible, views to the Bay and its islands; wetlands, marinas, and canal waterfront; hillsides and ridgelines; Mt. Tamalpais; Marin Civic Center; and St. Raphael’s bell tower; as seen from streets, parks, and public pathways. Program CDP-1.5A: Evaluating View Impacts. Consider the impact of proposed development on views, especially views of Mt Tamalpais and nearby ridgelines. Where feasible, new development should frame views of ridges and mountains and minimize reduction of views, privacy, and solar access. Policy CDP-4.9: Parking and Driveways. Encourage parking and circulation design that supports pedestrian movement and ensures the safety of all travelers, including locating parking to the side or rear of buildings, limiting driveway cuts and widths, and minimizing large Attachment A General Plan 2040 Consistency Analysis 350 Merrydale expanses of pavement. Parking should be screened from the street by landscaping and should provide easy access to building entrances. Policy CDP-4.10: Landscape Design. Encourage—and where appropriate require—privately owned and maintained landscaping that conserves water, contributes to neighborhood quality, complements building forms and materials, improves stormwater management and drainage, and enhances the streetscape. Natural elements such as plants should be an integral part of site development and should enhance the built environment while supporting water conservation goals. Policy CDP-4.11: Lighting. Encourage lighting for safety and security while preventing excessive light spillover and glare. Lighting should complement building and landscape design. Policy CDP-5.13: Protection of Archaeological Resources. Protect significant archaeological resources by: • Consulting the City’s archaeological resource data base prior to issuing demolition or construction permits in known sensitive areas. • Providing information and direction to property owners to make them aware of these resources and the procedures to be followed if they are discovered on-site. • Identifying, when possible, archaeological resources and potential impacts on such resources. • Implementing measures to preserve and protect archaeological resources, including fines and penalties for violations. Consistent The City plans to use the Property as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. Should it be required when a development is proposed, the City of San Rafael would consult with representatives of the Federated Indians of Graton Rancheria (FIGR) and therefore, the acquisition is consistent with this policy. Policy CDP-5.14: Tribal Cultural Resources. Coordinate with representatives of the Native American community to protect historic Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Native American resources and raise awareness of San Rafael’s Native American heritage. CONSERVATION AND CLIMATE CHANGE ELEMENT Policy C-1.15: Landscaping with Appropriate Naturalized Plant Species. Encourage landscaping with native and compatible non-native plant species that are appropriate for the dry summer climate of the Bay Area, with an emphasis on species determined to be drought-resistant. Diversity of plant species is a priority for habitat resilience. Consistent. The City plans for the Property to be used as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan. Therefore, the acquisition is consistent with this policy. Policy C-1.19: Light Pollution. Reduce light pollution and other adverse effects associated with night lighting from streets and urban uses. Policy C-2.2: Land Use Compatibility and Building Standards. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Consider air quality conditions and the potential for adverse health impacts when making land use and development decisions. Buffering, landscaping, setback standards, filters, insulation and sealing, home HVAC measures, and similar measures should be used to minimize future health hazards. Policy C-2.3: Improving Air Quality Through Land Use and Transportation Choices. Recognize the air quality benefits of reducing dependency on gasoline- powered vehicles. Implement land use and transportation policies, supportable by objective data, to reduce the number and length of car trips, improve alternatives to driving, reduce vehicle idling, and support the shift to electric and cleaner-fuel vehicles. Program C-2.3A: Air Pollution Reduction Measures. Implement air pollution reduction measures as recommended by BAAQMD’s Clean Air Plan and supporting documents to address local sources of air pollution in community planning. This should include Transportation Control Measures (TCM) and Transportation Demand Management (TDM) programs to reduce emissions associated with diesel and gasoline- powered vehicles. Policy C-2.4: Particulate Matter Pollution Reduction. Promote the reduction of particulate matter from roads, parking lots, construction sites, agricultural lands, wildfires, and other sources. Policy C-3.2: Reduce Pollution from Urban Runoff. Require Best Management Practices (BMPs) to reduce pollutants discharged to storm drains and waterways. Typical BMPs include reducing impervious surface coverage, requiring site plans that minimize grading and disturbance of creeks and natural drainage patterns, and using vegetation and bioswales to absorb and filter runoff. Policy C-3.3: Low Impact Development. Encourage construction and design methods that retain stormwater on-site and reduce runoff to storm drains and creeks. Policy C-3.8: Water Conservation. Encourage water conservation and increased use of recycled water in businesses, homes, and institutions. Local development and building standards shall require the efficient use Attachment A General Plan 2040 Consistency Analysis 350 Merrydale of water. Policy C-3.9: Water- Efficient Landscaping. Encourage—and where appropriate require—the use of vegetation and water-efficient landscaping that is naturalized to the San Francisco Bay region and compatible with water conservation, fire prevention and climate resilience goals. Policy C-4.2: Energy Conservation. Support construction methods, building materials, and home improvements that improve energy efficiency in existing and new construction. Policy C-4.2B: Green Building Standards. Implement State green building and energy efficiency standards for remodeling projects and new construction. Consider additional measures to incentivize green building practices, low carbon concrete, and sustainable design. Policy C-4.5: Resource Efficiency in Site Development. Encourage site planning and development practices that reduce energy demand and incorporate resource- and energy-efficient infrastructure. Policy C-5.2: Consider Climate Change Impacts. Ensure that decisions regarding future development, capital projects, and resource management are consistent with San Rafael’s CCAP and other climate goals, including greenhouse gas reduction and adaptation. PARKS, RECREATION, AND OPEN SPACE ELEMENT Policy PROS-1.13: Recreational Facilities in Development Projects. Encourage, and where appropriate require, the construction of on-site recreational facilities in multi-family, mixed use, and office projects to supplement the facilities available in City parks. Consistent. Acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development may consider including on- site recreational facilities. Therefore, the acquisition is consistent with this policy. SAFETY AND RESILIENCY ELEMENT Policy S-2.1: Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. Consistent. No development is proposed at this time. Future development would be required to be designed and constructed in accordance with the recommendations of the Geotechnical Investigation and the applicable requirements of the California Building Code, San Rafael General Plan Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Program S-2.1B: Geotechnical Review. Continue to require soil and geologic hazard studies and peer review for proposed development as set forth in the City’s Geotechnical Review Matrix. These studies should determine the extent of geotechnical hazards, optimum design for structures and the suitability and feasibility of proposed development for its location, the need for special structural requirements, and measures to mitigate any identified hazards. Periodically review and update the Geotechnical Review Matrix to ensure that it supports and implements the Local Hazard Mitigation Plan by identifying potentially hazardous areas. Consider removing the procedures from the General Plan and instead adopting them as part of the Zoning Ordinance or through a separate resolution. 2040, and San Rafael Municipal Code. A Design-Level Geotechnical Report will be required prior to the issuance of grading or building permits. Therefore, the acquisition is consistent with this policy. Policy S-2.5: Erosion Control . Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures should incorporate best management practices (BMPs) and should be coordinated with requirements for on-site water retention, water quality improvements, and runoff control. Consistent. No development is proposed at this time. Future development would be required to prepare a Stormwater Pollution and Prevention Plan (SWPPP) to ensure address erosion impacts during the construction period. Similarly, preparation of a Stormwater Control Plan that describes how runoff will be routed to Low Impact Development (LID) stormwater treatment facilities during operation of the project will also be required. Therefore, the acquisition is consistent with these policies. Program S-2.5A: Erosion and Sediment Control Plans. Require Erosion and Sediment Control Plans (ESCPs) for projects meeting the criteria defined by the Marin County Stormwater Pollution Prevention Program, including those requiring grading permits and those with the potential for significant erosion and sediment discharges. Projects that disturb more than one acre of soil must prepare a Stormwater Pollution Prevention Plan, pursuant to State law. Program S-2.5B: Grading During the Wet Season. Avoid grading during the wet season due to soil instability and sedimentation risks, Attachment A General Plan 2040 Consistency Analysis 350 Merrydale unless the City Engineer determines such risks will not be present. Require that development projects implement erosion and/or sediment control measures and runoff discharge measures based on their potential to impact storm drains, drainageways, and creeks. Policy S-3.8: Storm Drainage Improvements. Require new development to mitigate potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. Other measures, such as the use of porous pavement, bioswales, and “green infrastructure” should be encouraged. Program S-3.8A: Storm Drainage Improvements. Consistent with Countywide and regional stormwater management programs, require new development with the potential to impact storm drainage facilities to complete hydrologic studies that evaluate storm drainage capacity, identify improvements needed to handle a 100-year storm, and determine the funding needed to complete those improvements. MOBILITY ELEMENT Policy M-2.5: Traffic Level of Service. Maintain traffic level of service (LOS) standards that ensure an efficient roadway network and provide a consistent basis for evaluating the transportation effects of proposed development projects on local roadways. These standards shall generally be based on the performance of signalized intersections during the AM and PM peak hours. Arterial LOS standards may be used in lieu of (or in addition to) intersection LOS standards in cases where intersection spacing and road design characteristics make arterial LOS a more reliable and effective tool for predicting future impacts (See General Plan Consistent. Development of the site for residential development was evaluated in the General Plan EIR and a full analysis of anticipated impacts to transportation was provided in Chapter 4.16 (Transportation) of the EIR. No impacts were identified related to LOS with General Plan build out and therefore the acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale for full policy text). Policy M-2.6: Traffic Mitigation Fees. Collect impact fees for new development based on the expected number of trips a project will generate. Fees should be used to implement transportation improvements as directed by City Council resolution. Consistent. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to provide fees as necessary. Therefore, the acquisition is consistent with this policy. Policy M-3.1: VMT Reduction. Achieve State-mandated reductions in Vehicle Miles Traveled by requiring development and transportation projects to meet specific VMT metrics and implement VMT reduction measures. Consistent. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be assessed to confirm the level of review required related to VMT. Therefore, the acquisition is consistent with this policy. Policy M-3.2: Using VMT in Environmental Review. Require an analysis of projected Vehicle Miles Traveled (VMT) as part of the environmental review process for projects with the potential to significantly increase VMT. As appropriate, this shall include transportation projects and land use/policy plans as well as proposed development projects. Policy M-3.3: Transportation Demand Management Encourage, and where appropriate require, transportation demand measures that reduce VMT and peak period travel demand. These measures include, but are not limited to, transit passes and flextime, flexible work schedules, pedestrian and bicycle improvements, ridesharing, and changes to project design to reduce trip lengths and encourage cleaner modes of travel. Policy M-3.6: Low- Carbon Transportation. Encourage electric and other low-carbon emission vehicles, as well as the infrastructure needed to support these vehicles. Consistent. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and future development would be required to comply with the applicable standards contained in the General Plan as related to traffic mitigation, parking experience, and alternative modes of travel. Therefore, the acquisition is consistent with this policy. Policy M-7.8: Parking for Alternative Modes of Transportation. Designate parking spaces to incentivize and encourage carpooling, electric vehicles, and other more sustainable modes of travel. Program M-7.8A: Charging Stations. Install additional chargers in public parking lots and garages for electric vehicles and e-bikes. Consider expanding electric charging requirements for private parking lots and structures. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale pedestrian movement, and vehicle traffic circulation. City plans and programs related to SMART should be periodically evaluated based on changes in funding, operating costs, ridership, and other factors impacting service levels. Program M-4.3C: Arrival Experience. Create a welcoming experience for passengers arriving at the Downtown San Rafael and Civic Center stations, including wayfinding signage, easy transfers, and clearly marked, well-lit pathways to nearby destinations. Policy M-5.1: Traffic Calming. Protect residential areas from the effects of speeding traffic or traffic from outside the neighborhood through appropriate traffic calming solutions such as speed humps, bulb-outs, speed limits, stop signs, and chicanes. Traffic calming measures shall not conflict with emergency response capabilities. Policy M-6.1: Encourage Walking and Cycling. Wherever feasible, encourage walking and cycling as the travel mode of choice for short trips, such as trips to school, parks, transit stops, and neighborhood services. Safe, walkable neighborhoods with pleasant, attractive streets, bike lanes, public stairways, paths, and sidewalks should be part of San Rafael’s identity. Policy M-6.3: Connectivity. Develop pedestrian and bicycle networks that connect residents and visitors to major activity and shopping centers, existing and planned transit, schools, and other neighborhoods. Work to close gaps between existing facilities. Funding and prioritization for projects should consider relative costs and benefits, including such factors as safety, number of potential users, and impacts on parking. Policy M-6.7: Universal Design. Design and construct bicycle and pedestrian facilities to serve people of all ages and abilities, including children, seniors, families, and people with limited mobility. COMMUNITY SERVICES AND INFRASTRUCTURE ELEMENT Policy CSI-3.2: Mitigating Development Impacts. Engage the Police and Fire Departments in the review of proposed development and building applications to ensure that public health and safety, fire prevention, and emergency access and response times meet current industry standards. Consistent. Future development of the Property for residential uses was evaluated in the General Plan EIR, which determined that the site could be adequately served by existing police and fire service in the City. Future development would be evaluated through the planning and building permit processes to ensure adequate fire access is provided at the Property. Therefore, the acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Policy CSI-4.2: Adequacy of City Infrastructure and Services. As part of the development review process, require applicants to demonstrate that their projects can be adequately served by the City’s infrastructure. All new infrastructure shall be planned and designed to meet the engineering and safety standards of the City as well as various local service and utility providers Consistent. Future development of the Property for residential use was evaluated in the General Plan EIR. As detailed in Section 4.14, Utilities and Service Systems of the Draft EIR, the Property would be served by the Las Gallinas Valley Sanitary District, MMWD, and Marin Sanitary. No development is proposed at this time and compatibility with this policy would be verified through the entitlement process. Therefore, the acquisition is consistent with this policy. Policy CSI-4.8: Potable Water Supply and Delivery. Work with Marin Municipal Water District (MMWD) to meet projected water demand, encourage water conservation, and ensure the reliability and safety of the water supply and distribution system. Policy CSI-4.9: Wastewater Facilities. Ensure that wastewater collection, treatment and disposal infrastructure is regularly maintained and meets projected needs. Improvements should be programmed to meet state and federal standards, respond to sea level rise and seismic hazards, repair and replace aging or leaking pipes, and protect environmental quality. Policy CSI-4.17: Reducing Landfilled Waste Disposal. Reduce landfilled waste disposal and related greenhouse gas emissions by reducing material consumption; requiring curbside collection and composting of organic materials; increasing recycling, reuse, and resource recovery; and encouraging the use of recyclable goods and materials. HOUSING ELEMENT Policy: H-1.1: Collaboration and Coordination: Work with the County of Marin, local supportive service providers, and housing and social justice organizations to assist persons experiencing homelessness.  Consistent. The temporary use of the Property as an Interim shelter with services for unhoused individuals that will be made available through a collaboration between the City of San Rafael and County of Marin. Therefore, the acquisition is consistent with this policy.  Policy H-1.3: Emergency Shelters: Allow for emergency shelters in appropriate zoning districts in order to accommodate San Rafael’s unsheltered population. Consistent. The temporary use of the Property as an interim shelter to accommodate unsheltered San Rafael residents. Therefore, the acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Policy H-3.5: Housing and Greenhouse Gas Emissions. Design and locate new housing in a way that supports the city’s greenhouse gas reduction goals. This includes building new housing near transit and in locations where it is easier to walk to shopping, restaurants, services, work, school, and other destinations. It also includes reducing the use of non-renewable fossil fuels through electrification, decreased natural gas use, energy efficiency, and tree planting. Consistent. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. No development is proposed at this time and compatibility with this policy would be verified through the planning process. Future construction would be required to comply with the applicable requirements of the CalGreen Code through the building permit process. Therefore, the acquisition is consistent with this policy. Policy H-3.6: Sustainable Design. Encourage the use of building materials, construction methods, and designs that reduce environmental impacts and the consumption of non- renewable resources. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale Policy H-4.1: Equitable Distribution of Affordable Housing: Encourage the creation of affordable housing opportunities in all parts of the city, including areas where such housing does not exist today. Consistent. The acquisition for permanent affordable housing will result in an affordable housing development in North San Rafael, near Civic Center and SMART station resources.  Therefore, the acquisition is consistent with this policy. Policy H-4.3: Affordable Housing Requirements. Require the inclusion of affordable housing units in market-rate housing projects. Ensure that affordable housing requirements are economically viable, do not negatively affect overall housing production, and provide sufficient flexibility for the private sector. When new affordable units are created, pursue deed restriction and affordability terms of at least 55 years so that fewer tenants are at risk of being displaced in any given year. Consistent. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent one hundred percent affordable housing development, which will more than satisfy the City’s inclusionary housing requirement. Therefore, the acquisition is consistent with this policy. Policy H-4.4: Affordability of Projects on Public Land: Prioritize the development of affordable housing rather than market rate units on surplus public land.  Consistent. The acquisition by the City is for the development of a permanent all affordable housing development.  Policy H-4.15: Housing and Infrastructure. Coordinate with water, sanitary sewer, and dry utility service providers to ensure that infrastructure is available to support anticipated housing development. The cost of infrastructure maintenance and improvement should be equitably shared among property owners rather than assigned entirely to new development. Consistent. Future development would be evaluated when through the planning process, including an evaluation of water, sanitary sewer, and utilities. Future development at the site was anticipated by the General Plan and would be served by public utilities for water, sanitary sewer, stormwater and other infrastructure. Therefore, the proposed acquisition is consistent with this policy. ECONOMIC VITALITY ELEMENT Policy EV-1.1: Quality of Life. Recognize the importance of a healthy economy to the quality of life, especially the ability to provide excellent schools, public safety services, public works, recreation, housing programs, and other government services. Consistent. The acquisition of the Property is for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. Providing housing will support the overall quality of life and therefore the acquisition is consistent with this policy. Attachment A General Plan 2040 Consistency Analysis 350 Merrydale DIVERSITY, EQUITY, AND INCLUSION ELEMENT Policy EDI-3.2: Affordable Housing Development. Encourage the development of affordable rental housing to meet the needs of all San Rafael households. Consistent. The acquisition of the Property for use as an Interim Shelter for unhoused residents on a temporary basis and subsequent development of a permanent affordable housing development. The acquisition would support the provision of affordable housing and therefore, the proposed acquisition is consistent with this policy. HOUSING ELEMENT PROGRAMS Program 42: Zoning Text and Map Revisions. Allow Low Barrier Navigation Centers (LBNCs) in mixed use zones. This action is mandated by State law (AB 101). LBNCs are low-barrier, temporary service- enriched shelters that help homeless individuals and families quickly obtain permanent shelter. State law now requires local jurisdictions to allow LBNCs as a permitted use in certain zoning districts, provided they meet specific criteria. These criteria include such features as allowing pets, providing privacy, giving residents the ability to store possessions, use of a coordinated entry system, and providing access to permanent housing. They must be allowed by right in mixed use and nonresidential zoning districts where multi-family housing is permitted. Consistent. Government Code Section 65662 provides that a Low Barrier Navigation Center is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. The Property has a Planned Development zoning designation as set forth in Ordinance No. 1979, which allows for land uses in the High Density Residential (HR1) District land use classification. The uses allowed in a High Residential District are set forth in SRMC Chapter 14.04 and included mixed use. Use of the Property as an interim shelter conforms with state law and is consistent with this program, and the acquisition is consistent with the General Plan. CLERK'S CERTIFICATE I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the Council of said City , do hereby certify that the foregoing ORDINANCE NO. 1979 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT (PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594, AND CREATION OF A NEW PD DISTRICT, TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE- STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 "FOR SALE" MULTI- FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN'S: 179- 041-27 AND 179-041-28) is a true and correct copy of an Ordinance of said City , and was introduced at a REGULAR meeting of the City Council of the City of San Rafael , held on the 3rd day of February 2020 ; a SUMMARY of Ordinance No . 1979 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael , and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City , held on the 18th day of February 2020, by the following vote , to wit: AYES : NOES: ABSENT: COUNCILMEMBERS: Bushey, McCullough & Mayor Pro Tern Colin COUNCILMEMBERS: None COUNCILMEMBERS: Gamblin & Mayor Phillips WITNESS my hand and the official Seal of the City of San Rafael this 24th day of February 2020 LINDSAY LARA City Clerk ORDINANCE NO. 1979 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT (PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594, AND CREATION OF A NEW PD DISTRICT, TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 "FOR SALE" MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN'S: 179-041-27 AND 179-041-28) WHEREAS, on September 17, 1990, the San Rafael City Council adopted Ordinance No. 1594, which established a Planned Development (PD) allowing the land use regulations for use of the property as a day care for training up to 120 developmentally disabled adults, consistent with conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August 14, 1990; and WHEREAS, the current Planned Development (PD1594) District zoning for this site does not allow residential development and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of Title 14 of the San Rafael Municipal Code (Zoning Ordinance); and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted an application for PD Rezoning (ZC19-002) requesting to establish the required development standards for the proposed redevelopment of the site to allow the construction of 45 residential "for sale" condominium units, including parking, landscaping and creekside enhancements; and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, also submitted accompanying applications for Environmental and Design Review Permit (ED18-100), Tentative Subdivision Map (TS18-006), Subdivision Exception (EX19-012), Use Permit (UP18-039) and Environmental Review/Initial Study (IS 18-001) and these accompanying applications are being processed concurrent with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, the application for the PD rezoning proposes to rescind the current PD 1594 and establish a new PD District for the property that would allow for multi-family residential use; and WHEREAS, the proposed PD District land use and development regulations for the property are presented in Exhibit B attached hereto and incorporated by reference. The PD proposes to: a. Rescind the current PD 1594; b. Create a new PD Zoning District for the 350 Merrydale Rd/3833 Redwood Highway property; c . Establish permitted land uses in the new PD, that would mirror the current allowances in the High Density Residential (HR1) Zoning District; d. Establish development standards, including parking requirements, consistent with the HR1 Zoning District; and Attachment 2-1 WHEREAS, consistent with the requirement of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared finding that the proposed new 45-unit townhome development would not result in significant environmental effects, in that revisions to the project have been made and mitigation measures are required to mitigate any potential adverse impacts to less-than-significant levels. Mitigation Measures were identified to reduce the level of significance to less than significant in the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, on July 17, 2018, the Design Review Board ("ORB" or "Board") reviewed the project as a conceptual review item. The Board was largely supportive of the proposed building design but recommended changes, including greater sensitivity to the neighbors resulting from the roof decks, increasing the front setback along Merrydale Rd. to comply with the required 15-foot front setback, improving recreational activities for children on the site, addition of a Community Room, and provide information for the required trash enclosure; and WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more informal presentation and discussion with surrounding neighbors; and WHEREAS, the applicant revised the project in response to the Board's comments, as well as to public comments during the ORB and neighborhood meetings , including 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft.; 4) providing crane pads for creek maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed Accessory Dwelling Units (ADU's); 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); and 10) adding bio-retention information to the landscape plan. The side yard setback along the south property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking was eliminated in order to re-design and eliminate the proposed building encroachment into the required 25' creek setback; and WHEREAS, on August 6, 2019, the ORB conducted a duly noticed public meeting and reviewed the formal application and plans submitted for the project. The Board found that the changes had adequately addressed their prior comments during conceptual review and in conclusion, the Board voted to recommend approval of the project design, with some minor changes. The motion was made by Member Saude and second by Member Rege . Motion to recommend approval of the project design passed 3-0-2 with Members Paul, Rege and Saude voting "aye" and Members Kent and Summers absent. The recommended modifications included: • Community /Recreation Room and adjacent Paseo promenade needs to provide a more integrated indoor/outdoor common amenity for the residents. • Visual impacts of AC units need to be mitigated better along public areas (Paseo and creek trail) and Merrydale frontage . The applicant is encouraged to explore greater landscape screening and/or relocating and grouping the AC units to the interior ends of the buildings. • The project needs to incorporate greater sustainability into the design, including, but not limited to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar systems. Attachment 2-2 WHEREAS, the applicant has incorporated all recommended changes in the revised plans; WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of the scheduled December 3, 2019 Planning Commission hearing, through the following means: 1) publishing a legal ad in the Marin Independent Journal on November 9, 2019; 2) subject site was posted with a public notice regarding the Mitigated Negative Declaration and the project applications; and 3) notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public hearing on the proposed project accepting and reviewing public comment. On a 6-0-1 vote (Commissioner Samudzi absent) the Planning Commission adopted Resolutions Nos. 19-11 and 19-12 to recommend to the City Council: a) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project, and b) adoption of the PD District Rezoning, and c) conditional approval of the Environmental and Design Review Permit (ED18-100), Master Use Permit (UP19-039), Tentative Subdivision Map (TS18-006) and Subdivision Exception (EX19-012); and WHEREAS, on February 3, 2020, by adoption of a separate resolution, the City Council adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on February 3, 2020, the City Council held a duty noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael; and WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the City Council makes the following findings in support of an ordinance to rescind the existing Planned Development (PD) District (PD 1594 ), as shown on the map contained in Exhibit "A" and further described in Exhibit "C," and to establish a new PD District as outlined in Exhibit "B" (350 Merrydale Residential Townhomes): 1. The Development Plan is consistent in principle with the San Rafael General Plan 2020 and other applicable City plans or policies in that the 350 Merrydale Rd. Residential Townhomes -Planned Development District document includes appropriate development standards, and is subject to an Environmental and Design Review Permit and a Master Use Permit, implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance (Title 14 of the San Rafael Municipal Code), Subdivision Ordinance (Title 15 of San Rafael Municipal Code), and the applicable General Plan land use policies, including : a. The proposed project as designed and conditioned would be would be consistent with Land Use Element Policies LU-2 (Development Timing), ), LU-8 (Density of Residential Development), LU-10 (Planned Development Zoning), LU-12 (Building Heights), LU-23 (Land Use Compatibility), LU-23 (Land Use Map and Categories) given that the project: 1) would be approved at a time when there is adequate infrastructure to serve the proposed development; 2) 3) would not exceed the maximum density allowed in the GC Land Use category (34-72 units); 4) would not Attachment 2-3 exceed the maximum building height of 36 feet allowed for this area of San Rafael; and 5) has been designed to minimize potential visual impacts on the surrounding residnetial properties by limiting bulk , mass and height; b. The proposed project as designed and conditioned would be consistent with Housing Element Policies H-2 (Designs that Fit Into Neighborhoods), H-3 (Public Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit), and H-19 (lnclusionary Housing), in that: 1) residential development is allowed on the site per the General Commercial General Plan Land Use deisgnation; 2) the project design has been subject to review by the public and has been recommended for approval by the Design Review Board; 3) the project would add 45 units of housing within walking diatnce of mass transit, incluing the Civic Cemter SMART Train station , ½ mile from the project siteof the SMART Train; and 4) the project would include nine (9) below-market-rate (BMR) units, five (5) affordable at the low-income level and four ( 4) at moderate-icome level. c. The project is partially consistent with the applicable Neighborhoods Element Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing Mix), NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design Considerations for Development in the Vicinity of the Civic Center), NH-128 (Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale Rd.) in that: 1) the proposed new 45-unit development has been designed to be a transitional use between existing commercial development and residential development on Merrydale Rd. The building design minimizes impacts to surrounding residential properties by providing code compliant front and side setbacks and preserving some existing trees at the perimeter of the project site and proposing 55 new trees on site ; 2) 94 parking spaces are provided on the site in compliance with the required parking requirement for 45 units, and 4 new on- street parking spaces would be created along the east side of Merrydale Rd.; and 3) Redwood Highway would be extending and provide secondary access through the project site, allowing pedestrian access to the propsoed new "creek promenade" on the north side of the site as well as vehicular access to Merrydale Rd . d. The project as proposed and as conditioned would be consistent with Community Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods), CD-5 (Views), , CD-11 (Multifamily Design Guidelines), CD-14 (Recreational Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), CD-19 (Lighting) in that the project design: 1) preserves, to the greatest extent possible, views the Civic Center from the adjacent one-story residential neighborhood. The building heignt is 33.5' (less than the 36' height limit allowed); 2) is generally in keeping with the mass and scale of adjacent commercial and residential development on the east side of Merrydale Rd. and would introduce a higher quality architectural design than currently present on the site; 3) provides landscaping to screen and enhance the project and site; 4) provides new "creek promenade" with landscaping and recreational amenities along Las Gallinas Creek to the north of the development; 5) creates adequate lighting without spillover onto adjacent properties or natural areas; and 6) has been reviewed by the Design Review Board and found to be consistent the applicable design policies of the General Plan and the City's Residential Design Guidelines . e. The project as proposed and as conditioned would be consistent with Circulation Policies C-5 (Traffic level of Service Standards), C-7 (Circulation Improvements Funding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for Attachment 2-4 Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential Area Parking) in that the project: 1) would not exceed the acceptable level of service standards (LOS), LOS E, for both intersections or arterials; 2) would be required to pay its fair share towards traffic impacts to fund circulation impacts in order to maintain acceptable LOS standards for the General Plan; 3) would maintain adequate access for emergency services as determined by the City 's Public Safety Departments; and 4) would create a new Class Ill Bike Lane along Meerydale Rd. and install a new sidewalk along the east side of Merrydale , thereby facilitating better pedestrian access along Merrydale Rd . as well as pedestrain access to the new creek promenade area, f. The project as proposed and as conditioned would be consistent with Infrastructure Element Policies 1-2 (Adequacy of City Infrastructure and Services), and 1-10 ( Sewer Facilities) in that: 1) the appropriate utility agencies have reviewed the project and determined that the property is currently being served . However, 1) Marin Municipal Water District (MMWD) has determined that the property's current annual water entitlement may be insufficient for the new uses and the purchase of additional water entitlement may be required, as well as compliance with all indoor and outdoor requirements of District Code Title 13 for water conservation; and 2) the Las Gallinas Valley Sanitation District (LGVSD) would continue to provide service to the project site , although the 45 proposed residential townhome units would result in an increase in intensity of development over existing uses. The LGVSD has reviewed the project, provided comments and will require that the development project submit an Application for Allocation of Capacity and pay additional capacity fees prior to submittal of a building permit. The project design incorporates sanitary sewer infrastructure that connects all residences to the current LGVSD sanitary system, including two possible infrastructure improvements : a) a gravity system and flow diversion with an updated LGVSD pump station, or b) a lift-station (with control cabinet) located in the southeastern corner of the project site for pumping sanitary sewer to the main LGVSD pump station (which would also be updated). Either design solution would satisfy LGVSD requirements for sanitary sewer service . g. The project as proposed and as conditioned would would be consistent with the Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources), SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Trees), SU-10 (Zero Waste) in that given that: 1) the revised project plans include a provision that all town home units and stacked flats (to the extent practicable) will be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage units will be provided with 220-volt power points suitable for EV charging; 3) the project will comply with the most recently adopted CBC (California Building Code) CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the Marin Municipal Water District's most recently adopted water conservation and gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees will be preserved on site; and 6) The project is proposing a covered and screened trash enclosure, the design and location of which has been reviewed and approved by Marin Sanitary Service (MSS). h . The project as proposed and as conditioned would would be consistent with the Culture and Arts Element Policy CA-15 (Protection of Archaeological Resources) in that: 1) The existing buildings were constructed in 1967 or 1968 as a school facility but does not meet criteria as defined in CEQA Guidelines Section 15064.5 . The existing structures and site have been modified over the years and do not appear to have any historical significance; and 2) the site for original construction A ttachm ent 2-5 of existing buildings would have disrupted any archaeological deposits if they were present. Indications of the disturbance would likely still be apparent when examining remnant soils . Based on the results of the cultural resources investigation conducted for the proposed project , no prehistoric or historic-period archaeological resources were identified within the project area . However, mitigation measures have been included in the IS/MND MMRP (CUL T-1 and CUL T-2) to protect any resources found during construction activities. i. The project as proposed and as conditioned would be consistent with Park and Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project will provide a 500 sq . ft. "community room" for the residents which will include a kitchen area and bathroom. The community room will also have sliding glass doors that open onto an approximately 500 sq . ft. patio area , with planters seating , and a BBQ area. j. The project as proposed and as conditioned would be consistent with Safety Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 ( Geotechnical Review), S-6 ( Seismic Safety of New Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality Control Board (RWQCB) Requirements), and S-32 (Safety Review of Development Projects) in that: 1) the project has been reviewed using the hazard maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review concluded that the development on this site, with conditions, is feasible and appropriate from a geotechnical engineering standpoint; 3) the project would not include any hazardous materials or uses in it operations; 4) the development would be built to conform to current building and seismic safety codes; 5) the structure would be built in accordance with the Federal Emergency Management Agency (FEMA) regulations for this type of structure and use in a 500-year flood zone; 6) an erosion control plan would be required during contsruction of the project; 7) the drainage plan would direct all new run-off from the site into vegetative bio-retention areas before being released into the storm drain system; and 8) the project has been reviewed by the Police and Fire Department and found to be in conformance with their fire and crime prevention standards and would not pose a risk to public safety safety or impact their levels of service. k. The project as proposed and as conditioned would be consistent with Noise Element Policies N-1 (Noise Impacts on New Development), N-2 (Exterior Noise Levels for Residential Use), N-3 (Planning and Design of New Development), N-4 (Noise from New Nonresidential Development), and N-5 (Traffic Noise from New Developmentin that the project: 1) Based on information in the Acoustical Report by Illingworth and Rodkin , the IS/MND analysis indicated that Building 2 through Building 7 would also exceed the 45 dBA Ldn threshold with windows partially open . With standard construction and forced-air ventilation , allowing occupants the option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades or buildings 3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be partially shielded by the buildings to the east and would be exposed to 67 dBA Ldn . The west facade of Buildings I and 9 would be exposed to traffic noise from Merrydale Rd. up to 58 dBA Ldn . These levels are in the "Clearly Unacceptable" range in Exhibit 31 of the General Plan 2020. Therefore, the Acoutical Report recommended additional mitigation measures required prior to issuance of the building permit to required force-air ventilation and the appropriate STC window ratings to maintain interior noise levels at acceptable levels (see Environmental and Design Review Permit COA #25; 2) conditions and A ttachm ent 2-6 mitigations have been incorporated to reduce any temporary impacts due to construction (Initial Study Mitigation Meausure NOISE-1 ); and 3) the Acoutical Report determined that the primary noise sources at the site would continue to be vehicular traffic on US-101 and Merrydale Rd. US-101 is elevated by about 10 feet above the site. Based on traffic volumes provided in the Traffic Impact Assessment Report prepared for the proposed project, traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future conditions (2040) due to increases in traffic volumes on Merrydale Rd .. An increase in 1 dBA would be barely detectable to typical human hearing and is not considered a significant increase. I. The project as proposed and as conditioned would be consistent with Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7 (Public Access to Creeks), CON-8 (Enhancement of Creeks and Drainageways), CON-9 (Native and/or Sensitive Habitats), CON-14 (Special Status Species), and CON-16 (Landscape with Native Plant Species) in that the proposed project: 1) would maintain setbacks from the creek and provide creek enhancements with added landscaping and pedestrian access point; 2) would not impact a wildlife corridor since the site is currently developed and biological assessments have found no such corridors; 3) would not impact any senstive or threatened/endangered species or habitats; 4) has been conditioned to ensure that disturbance to any potential nesting birds be avoided during construction; and 5) would provide new trees and shrubs throughout the site, as well as bio-retention areas to facilitate proper site drainage. m. The project as proposed and as conditioned would be consistent with Air and Water Quality Element Policies: AW-1 (State and Federal Standards), AW-2 (Land Use Compatibility), AW-4 (Particulate Matter Pollution Reduction), AW-7 (Local, State and Federal Standards), and AW-8 (Reduce Pollution from Urban Runoff) since the project: 1) would comply with local, state and federal air quality standards; 2) mitigation measures have been incorporated to address temporary air quality impacts during construction; 3) drainage systems have been designed to utilize vegetated swales before discharging drainage into storm drain systems or the creek; and 4) methods consistent with the Storm Water Pollution Prevention Standards of the Regional Water Quality Board have been incorporated into the design and conditions have been included to require compliance with these standards. 2. The applicant proposes to add 45 units of new residential development (market rate and below market rate (BMR) units) which will help serve to accommodate the projected need for 1,007 additional housing units in the City by the year 2023. The 3-story development will serve as a transition between the existing 2-story residential properties, commercial development, and the single-family lots in the interior Rafael Meadows neighborhood. The existing creek has been protected by providing a 25-foot setback and will be enhanced with new vegetation along the south bank and designed with a shared maintenance and pedestrian promenade. Further, the development plan has been reviewed and recommended for approval by the Design Review Board. 3. The applicant has demonstrated that the proposed development can be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development and are available to serve the proposed redeveloped site. Attachment 2-7 4. The applicant has accepted the City's direction to use the HR1 property development standards for the new PD zoning, as this zoning district most closely approximates the adjacent property development standards. The proposed new development has been designed to be in compliance with the applicable HR1 property development standards, and the proposed project is not requesting any deviations (Variances) from the HR1 setbacks. However, the City standard per San Rafael Municipal Code Section 15.06.050(c) is that local streets provide a minimum right-of-way of 60 feet and a minimum pavement width of 40 feet. Due to site constraints (creek and utility easements) the applicant is requesting an exception to allow a private street with an easement of 30 feet and a minimum pavement width of 20 feet and providing at least one sidewalk. This requires approval of an Exception request, pursuant to San Rafael Municipal Code Section 15 .01 .120(c). The City Engineer has reviewed the project and is in support of the Exception request. 5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan are adequately designed for circulation needs and public safety in that: a) the Development Plan proposes sidewalks throughout the development for pedestrian access, including access to the proposed new creek promenade area; b) the project triggers the creation of a new Class Ill Bike Lane along Merrydale Rd.; c) the emergency vehicle ingress and egress from the development would be provided through the existing roadway, as well as from an extension of Redwood Highway (allowing traffic to pass through the development and access Merrydale Rd.) and has been found to be adequate by the City of San Rafael Fire and Police Departments; d) the access and site layout has been reviewed by the appropriate City Departments and it has been determined that an Exception to street width standards is appropriate and acceptable; and e) code compliant parking (94 spaces) will be provided on site, with an additional 4 new on-street spaces added to the east side of Merrydale Rd. 6. The public health, safety and welfare are served by the adoption of the proposed PD District, in that the project as proposed and conditioned: a) would implement housing and environmental goals and policies adopted for this site in the San Rafael General Plan 2020; b) would conform to City standards for safety; c) would be consistent with the recommended mitigation measures presented in the Initial Study/Mitigated Negative Declaration prepared for this project; and d) would address project impacts to privacy, traffic, and parking through the inclusion of conditions of approval on the Master Use Permit and Environmental and Design Review Permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01 .020 of the San Rafael Municipal Code is amended by reclassifying the following real property from PD-1594 (Planned Development District 1594) to PD (Planned Development -Ordinance No. 1979) District. Said property so reclassified is located at 350 Merrydale Rd/3833 Redwood Highway, San Rafael, as shown on County Assessor's Parcel No's : 179-041-27 and 179-041-28), as shown on the map attached as Exhibit "A" and described in Exhibit "C", which are incorporated by reference . DIVISION 2. Any development of this property shall be subject to the conditions outlined Exhibit "B", the Merryda/e Townhomes -Planned Development District, which is attached hereto and made a part hereof. Attachment 2-8 DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence , clause, or phrase be declared invalid . DIVISION 4. A summary of this ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage , and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin , State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance along with the names of those Councilmembers voting for or against the ordinance. . PHILLIPS, Mayor ATTEST: &f.~~ LINDSAY LARA, City Clerk The foregoing Ordinance No . 1979 was introduced at a Regular Meeting of the City Council of the City of San Rafael , held on the 3rd day of February 2020 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 18th day of February 2020 . f;'('S,(,tvv--, LINDSAY LARA, City Clerk A ttachm ent 2-9 Exhibit A: Rezoning Map Exhibit B: Planned Development District Standards Exhibit C: Legal Property Description Attachment 2-10 Exhibit A: Exhibit B: Exhibit C: Rezoning Map Planned Development District Standards Legal Property Description Attachm ent 2-10 Exhibit A REZONING MAP APN 179-041-27 APN 179-041-28 PD Rezoning to Rescind PD 1594 to create a new PD for these two properties known as 3833 Redwood Highway/350 Merrydale Rd Attachment 2-11 Exhibit B MERRYDALE TOWNHOMES -PLANNED DEVELOPMENT DISTRICT 1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2 .28-acre site known as the Merrydale Townhomes located at 350 Merrydale Road/3883 Redwood Highway. 2. LAND USE REGULATIONS a) This PD permits a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a "Creek Promenade" area for use as a recreational amenity, as per approved plan Sheet SP-2. b) All other land uses shall follow the land use regulations set forth in the High Density Residential (HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). c) Private Usable Open Space: Balconies provided for the units shall remain open and not be enclosed or otherwise screened with mesh or other materials . d) Common Usable Open Space on site to include: • Community Room: A flexible space to be used by residents with a clear interior dimension of 14' 6" x 20' 6" space , a kitchen area (with sink, stove and refrigerator) and bathroom and storage area. A ping pong table and stacking tables shall be provided for the space . The Community Room would have access to an exterior 500 sf patio area with planters, seating and a BBQ as shown in approved Plan Sheet L4. This community room shall remain available as a recreational space to all residents and shall not be converted into a living unit or a leasing office or storage space. • Creek Promenade: A creek promenade area shall be established along the north side of the project site, adjacent to the Las Gallinas Creek. The creek promenade shall be design with landscaping, removable fencing/benches/light bollards as per approved Plan Sheet L 1 through L3. Passive play area activities shall be installed for children as per approved Plan Sheet L3. The promenade shall be used as a recreational amenity and is also designed to provide access to equipment for creek maintenance activities. e) Site Lighting fixtures (number and type) shall be installed as per approved Plan Sheet L 11. 3. DEVELOPMENT STANDARDS The Planned Development shall be developed in conformance with the development plans, associated drawings and reports submitted with the Planned Development as listed in the Exhibit section and the development standards set forth below. a) Maximum Lot Coverage The maximum lot coverage for the site shall be 60% as shown on the development plan. b) Floor Area Ratio: N/A c) Residential Density: Maximum of 45 residential units. Accessory dwelling units (ADU's) or Junior Dwelling Unit (JDU's) are allowed on the site and do not count against the maximum residential density. Future ADU's on site shall be subject to the same regulations stipulated in the Zoning Ordinance or as modified by State law . Atta chm ent 2-12 Exhibit B MERRYDALE TOWNHOMES -PLANNED DEVELOPMENT DISTRICT d) Minimum Yards: • Front: 15' • Side: 5' • Rear: 5' e) Maximum Building Height • Building height limits for this site is 36 ' per Exhibit 7 in San Rafael General Plan 2020 . • Exclusions to the maximum height limits shall be as prescribed by Section 14 .16 .120 of the Zoning Ordinance, as amended. f) Parking • Residential parking shall be provided as proposed : 94 on-site parking spaces (87 garage spaces, including 20 tandem spaces) and 7 uncovered on-site, on-street spaces (including 1 ADA space). The ADA space and on-street spaces on site shall be located as shown on approved Plan Sheet SP-2 . • Parking for ADU or JADU's shall follow the prescribed parking requirement in the Zoning Ordinance. 4. EXHIBITS a) Architectural Plans prepared by WHA Architects -Sheets SP1 through SP-7, and Architectural Plan Sheets A-1 through A-13. b) Civil Engineering Plans prepared by Oberkamper & Associates consisting of Sheet C-1 through C-5. c) Landscape Plan prepared by Ripley Design Landscape Architects, consisting of Sheets L 1 through L 12 . d) Photometric Study prepared by Associated Lighting Representatives consisting of Sheet 1. 5. AMENDMENTS a) Amendments to uses that exceed the standards prescribed by this PD or propose uses that are not consistent with the land use regulations of the PD shall require an amendment to the PD District. b) Amendments to the design, color or materials of the structures or minor site modifications to site improvements or addition of minor accessory structures, shall be administered through an Environmental and Design Review Permit. Attachm ent 2-13 Exhibit C Legal Property Description The land referred to is situated in the County of Marin, City of San Rafael, State of California, and is described as follows: Parcel B, as shown upon that certain Parcel Map entitled "Parcel Map Division of the Lands of Jacobson & Clayton Lots 1 to 13 and 22 to 31 Map of Subdivision "A" Gold Links Tract (2 Maps 7) City of San Rafael, California October 1982", filed for record November 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 179-041-28 Attachment 2-14 Attachment 2 4927-4965-7973 v2 1 CAPITAL & OPERATING GRANT AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL Regarding 350 Merrydale Road San Rafael, CA This Grant Agreement (the "Agreement") is entered into as of November __, 2025, by and between the County of Marin, a political subdivision of the State of California (the "County"), and the City of San Rafael, a charter city in the State of California ("Grantee" or “City”). RECITALS WHEREAS, on January 31, 2024, the County and City submitted a joint application to the California Interagency Council on Homelessness for a grant from the Encampment Resolution Fund Round 3 (“ERF-3”) to address homeless encampments along and near the Mahon Creek Path in downtown San Rafael, also including encampments on Francisco Boulevard West and Andersen Drive (collectively, the “Mahon Encampment”). The Mahon Encampment is the largest encampment in the City and currently the largest municipal encampment in the County. WHEREAS, on April 18, 2024, the California Interagency Council on Homelessness awarded the County and City a $5,999,241.68 ERF-3 grant to address the Mahon Encampment and provide services and support to its sixty-five (65) residents over a three-year period. Specifically, the ERF-3 grant funds outreach services, housing-based case management services, an Interim Shelter (defined below), and delivery of permanent affordable housing for Mahon Encampment residents. The ERF-3 grant terminates on June 30, 2027. WHEREAS, on November 19, 2024, the County and the City entered into a Collaborative Agreement (“Collaboration Agreement”) wherein these State ERF-3 grant funds were accepted and appropriated for use, as well as an additional $500,000 in funding from State Senator Mike McGuire (“McGuire Funds”) and $500,000 in matching County General Funds (“County Match Funds”), totaling an additional $1,000,000 in funding for services for the Mahon Encampment. WHEREAS, City has identified 350 Merrydale Road in San Rafael, California, as more particularly described in Exhibit A (the "Property"), as an ideal location for permanent affordable housing near transportation, transit, jobs, amenities and other services, and also to be used as an interim homeless shelter for homeless individuals primarily from the Mahon Encampment during the City’s planning process for permanent affordable housing on the Property. Attachment 2 4927-4965-7973 v2 2 WHEREAS, the City’s purchase of the Property and the County’s financial support to implement strategies to address encampments as outlined in the Collaboration Agreement, including but not limited to, the strategies for Housing & Support and Prevention by providing for an Interim Shelter that will qualify as a Low Barrier Navigation Center (defined below) to serve the residents of the Mahon Encampment and a limited number of additional individuals currently experiencing homelessness in the City for the remainder of the ERF-3 grant period (through June 30, 2027) while the City goes through the process of developing permanent affordable housing at the Property. WHEREAS, the parties recognize that the process of developing the Project (defined below) will require the City to take additional discretionary actions, such as issuing a Request for Proposals to select an affordable housing developer and negotiating and entering into a lease disposition and development agreement with the selected developer.; and WHEREAS, notwithstanding the foregoing, the City, in developing the Project (defined below), will use good faith efforts to keep affordability levels as low as possible (i.e., minimum 80% below AMI) dependent on funding and other factors developed in the Project’s proforma. WHEREAS, City wishes to be awarded from the County, and the County wishes to extend to City, a grant of up to Eight Million Dollars ($8,000,000.00) to assist with financing the purchase and acquisition of the Property and initial site set up of the Interim Shelter, as defined herein (the "Grant”), and as detailed in Exhibit B (“Approved Interim Shelter Acquisition and Site Set-Up Budget”). WHEREAS, the County is providing this Grant to finance acquisition and site set-up costs for the Interim Shelter, as defined below, and the Project, to help achieve financial feasibility for the Interim Shelter and the Project, and to support the Interim Shelter and potential development of the Project ideally situated near jobs, transit, and other amenities. NOW, THEREFORE, the Parties agree that the foregoing recitals are true and correct and agree as follows: ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions The following capitalized terms have the meanings set forth in this Section 1.1 wherever used in this Agreement, unless otherwise provided: (a) "Agreement" shall mean this Grant Agreement. (b) “Approved Annual Operating Budget” shall mean the annual operating budget for the Interim Shelter operations commencing no sooner than January 1, 2026 and operating through June 30, 2027, unless extended per Section 3.9(e) herein, including Interim Shelter program operations such as personnel, contracted service providers, utilities, food, etc., as approved by the County, and attached hereto and incorporated herein as Exhibit C. Attachment 2 4927-4965-7973 v2 3 (c) "Approved Interim Shelter Acquisition and Site Set-Up Budget" shall mean the budget for acquisition of the Property and initial set-up costs for the Interim Shelter, as approved by the County, and attached hereto and incorporated herein as Exhibit B. (d) "Bed" means one of the Interim Shelter (non-congregate) structures to be constructed on the Property, as distinguished from the Project and its units to be ultimately developed on the site. (e) “Cap Shelter Population" shall mean the maximum number of individuals eligible to be served at any given time under the ERF-3 grant agreement and is equal to 65 individuals, consisting of approximately 53 individuals at the Mahon Encampment current sanctioned camping Area and approximately 12 individuals at the Andersen Road encampment. Both the City and the County recognize that, due to the transient nature of homelessness, these counts may vary slightly. (f) “Maximum Shelter Population” shall mean the total number of individuals served by the Interim Shelter during its operation and shall equal a total of 70 unique individuals, consisting of the Cap Shelter Population above plus, through program attrition and contingent upon available funding, approximately 5 additional individuals. No more than 65 individuals may be served by the Interim Shelter at any one time. (g) "County" shall mean the County of Marin, a political subdivision of the State of California. (h) “County Match Funds” shall mean the $500,000 in County general funds awarded from the County to the City, on November 19, 2024, in a Collaborative Agreement that “matched” a State award of $500,000 (the “McGuire Funds”). (i) "Default" shall have the meaning set forth in Section 4.1 below. (j) “ERF” shall mean Encampment Resolution Fund grant, or ERF-3. (k) “Good Neighbor Policy” shall mean a set of guidelines and practices aimed at fostering positive relationships between the Interim Shelter and its surrounding community, attached hereto and incorporated herein as Exhibit D. (l) "Grant" shall mean the County grant to Grantee pursuant to this Agreement in the total amount of up to Eight Million Dollars ($8,000,000.00). (m) "Grantee" shall mean the City of San Rafael. (n) “Interim Shelter” shall mean the up to sixty-five (65) beds of temporary shelter for homeless individuals at the Property, which shall consist of either pallet cabins, trailers, or similar temporary structures. Interim Shelter includes a Low Barrier Navigation Center. (o) “Low Barrier Navigation Center” or “LBNC” means a low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing as authorized by Government Code Sections 65660, 65664, and 65666. Attachment 2 4927-4965-7973 v2 4 (p) “Mahon Encampment” means homeless encampments along and near the Mahon Creek Path, including encampments on Francisco Boulevard West (now closed) and Andersen Drive, as more fully described in the ERF-3 Grant application. (q) “Mahon Encampment Resident” means an individual documented as residing in the Mahon Encampment at the time services funded by the ERF-3 grant were initially provided (November 2024), as determined by the City and the County Health and Human Services Department. (r) “McGuire Funds” shall mean the $500,000 in funding from State Senator Mike McGuire that was allocated to the City through the Collaborative Agreement, dated November 19, 2024 and that was “matched” by the County of Marin (e.g., the “County Match Funds”) . (s) “Operating Costs” shall mean the total operating costs on a fiscal year basis for the Interim Shelter, starting no earlier than January 1, 2026 (FY 2025-26) and operating through June 30, 2027 (FY 2026-27), per Exhibit C. (t) "Parties" shall mean the County and Grantee. (u) "Project" shall mean the up to eighty (80) units of affordable housing developed long-term, and attendant site improvements thereon. (v) "Property" shall mean the real property located in the County, more particularly described in the attached Exhibit A. (w) "Regulatory Agreement" is defined in Section 2.3 (x) "Unit" means one of the affordable housing units in the Project, as distinguished from the up to sixty-five (65) beds for the Interim Shelter. (y) Exhibits The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: EXHIBIT A: Legal Description of the Property EXHIBIT B: Approved Interim Shelter Acquisition and Site Set-Up Budget EXHIBIT C: Approved Annual Operating Budget EXHIBIT D: Good Neighbor Policy ARTICLE 2 GRANT Section 2.1 Grant. Attachment 2 4927-4965-7973 v2 5 The County hereby agrees to grant an amount of Eight Million Dollars ($8,000,000.00) to City’s designated account, on the terms and conditions set forth herein, with payment of Seven Million Dollars ($7,000,000.00) via wire transfer within three days of execution of this agreement by both parties and the final payment of One Million Dollars ($1,000,000.00) due to the City via wire transfer to City’s designated account within five (5) business days of the City providing evidence to the County of an executed contract procuring the temporary structures for the Interim Shelter. Section 2.2 Use of Grant Funds. The Grantee shall use the Grant Funds to fund the acquisition of the Property and towards the Initial Set Up of the Interim Shelter, as defined herein and in Exhibit B. The Grantee shall not use the Grant funds for any other purpose without the prior written consent of the County. Section 2.3 Acquisition and Initial Set Up. Grant funds shall only be used for property acquisition and subsequent one-time initial site set up activities, as more fully set forth in Exhibit B, not to exceed a total of $8,000,000.00: (a) Acquisition of the site, including brokerage, legal, and appraisal costs. (b) Purchase of pallet cabins, trailers, or other temporary structures to be used as Interim Shelter. (c) Purchase and site set up costs associated with mobile showers, temporary restrooms, or other agreed facilities for operation of the Interim Shelter, and incidental relocation costs. (d) Costs associated with making the Property and Interim Shelter facilities accessible. Section 2.4 Compliance with Regulatory Agreement. County and Grantee have concurrently herewith executed a Regulatory Agreement (“Regulatory Agreement”), which will be recorded, on or about the date of this Agreement, as a deed restriction in the Official Records of Marin County and will specify terms and conditions of affordability for the Project’s units assisted through this Agreement. Grantee, as a condition of this Agreement, shall cause the Project, if constructed, to be operated in accordance with the "Regulatory Agreement," including ensuring that the required Units are available to, and occupied by, low-income households as defined in the Regulatory Agreement. Section 2.5 Term. The Grant shall have a term through June 30, 2029. Section 5.4, Section 5.8, and Section 5.10 shall survive termination of this Agreement. Attachment 2 4927-4965-7973 v2 6 Section 2.6 No Secondary Financing. At no time during the Term of this Agreement may the Property be encumbered by the lien of any lender or creditor except as may be specifically approved in advance in writing by the County. ARTICLE 3 GRANT REQUIREMENTS Section 3.1 Financial Accountings and Post-Completion Audits. No later than one hundred eighty (180) days following the opening of the Interim Shelter, Grantee shall cause to be provided to the County a financial accounting of all sources and uses of funds for the Interim Shelter. No later than one hundred eighty (180) days following opening of the Interim Shelter, Grantee shall cause to be submitted to the County an audited financial report showing the sources and uses of all funds utilized for the purchase of the Property and set up of the Interim Shelter. Reports shall be provided by the City to the County every three months (quarterly) that provide 1) Number of unique clients served, 2) Cumulative expenses and revenues, 3) Number of complaints, 4) Number of public safety calls for service, 5) Number of clients transitioned to housing, 6) Number of vacant beds, and 7) Daily utilization rate. Section 3.2 Information. Grantee shall provide any information reasonably requested by the County in connection with the Interim Shelter or development of the Project, within thirty (30) calendar days following the County's written request. Section 3.3 Records. (a) Grantee shall maintain complete, accurate, and current records pertaining to the Interim Shelter and development of the Project for a period of five (5) years after the creation of such records and shall permit any duly authorized representative of the County to inspect and copy records. Records must be kept accurate and current. (b) The County shall notify Grantee of any records it deems insufficient. Grantee shall have thirty (30) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct the deficiency, then Grantee shall begin to correct the deficiency within thirty (30) days and correct the deficiency as soon as reasonably possible. Section 3.4 Audits. Grantee shall make available for examination at reasonable intervals and during normal business hours to County all books, accounts, reports, files, and other papers or property with respect to all matters covered by this Agreement, and shall permit County to audit, examine, and make excerpts or transcripts from such records. County may make audits of any conditions relating to this Agreement. Attachment 2 4927-4965-7973 v2 7 Section 3.5 Maintenance and Damage. During the Term of this Agreement, Grantee shall cause the Property to be maintained in good repair and in a neat, clean, and orderly condition. Section 3.6 Notice of Litigation. Grantee shall promptly notify the County in writing of any litigation materially affecting the Property or any uses thereon and of any claims or disputes that involve a material risk of such litigation. Section 3.7 Nondiscrimination. The Grantee covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee or any person claiming under or through the Grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. Section 3.8 Shelter Crisis Declaration. Coterminous with adoption of this Agreement, the City has declared a Shelter Crisis pursuant to Government Code section 8698 et seq. and has adopted by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, as set forth in Government Code section 8698.4. Section 3.9 Interim Shelter. (a) The Interim Shelter shall not exceed sixty-five (65) beds at the Property. Grantee shall be solely responsible for establishing the Interim Shelter and ensuring its compliance with local, state, and federal laws. Shelter beds may consist of pallet cabins, trailers, or other similar temporary structures. Grantee shall own and be solely responsible for the Interim Shelter. Grantee shall be responsible for the shelter structures and shall be solely responsible for safely disposing of, or taking possession of, shelter structures when they are no longer needed at the Property. Grantor shall not be responsible for the Interim Shelter, including, but not limited to, the shelter beds and shelter structures. (b) City shall prioritize Mahon Encampment residents for placement in the Interim Shelter structures to ensure closure of the Mahon Encampment in downtown San Rafael, including the Andersen Drive encampment. The Cap Population is 65 individuals being served at any one time, to reside in the 65 total beds at the site, as defined in Section 1.1(e). Through program attrition and contingent upon available funding, no more than 70 unique individuals Attachment 2 4927-4965-7973 v2 8 may be eligible to participate in the program during the Term of this Agreement, to constitute the Maximum Shelter Population as defined in Section 1.1(f). (c) Within three (3) business days of learning that an Interim Shelter bed is vacant or will become vacant, City shall inform the County’s HHS Director or their designee. Within twenty (20) business days of this notification, HHS and City shall meet and confer in good faith regarding whether the Interim Shelter bed should be offered to another individual as described in Section 3.9(b). (d) The Interim Shelter at the Property shall close by June 30, 2027, except under the conditions outlined in (e)(i-iv) below; and no new or additional individuals shall be placed in the Interim Shelter after June 30, 2026, except under conditions outlined in (e)(i-iv) below. Any Interim Shelter beds that become vacant after June 30, 2026 shall be closed to new entries, unless permitted as described in 3.9(b) above. City shall be responsible for disposing of or removing the Interim Shelter structures after closure of the Interim Shelter. (e) Notwithstanding the foregoing, the Interim Shelter may continue to operate for up to two additional one-year periods, until June 30, 2029, under the following conditions: (i) The Interim Shelter may continue to operate until June 30, 2028, if by January 1, 2027, the City raises either public or private funds to continue the operation of the Interim Shelter in a manner similar to and of the same standard as its operation in its initial year. The City shall provide County with a detailed description of its fundraising efforts and results by January 1, 2027. In the event such funds are not raised, no new or additional individuals shall be placed in the Interim Shelter one full year in advance of its closure, or June 30, 2027. In no event shall County have any obligation to “backfill” any shortfalls in the City’s private fundraising campaign. (ii) The Interim Shelter may continue to operate until June 30, 2029, if by January 1, 2028, the City raises additional public or private funds to continue the operation of the Interim Shelter in a manner similar to and of the same standard as its operation in its initial year. The City shall provide County with a detailed description of its fundraising efforts and results by January 1, 2028. In the event such funds are not raised, no new or additional individuals shall be placed in the Interim Shelter one full year in advance of its closure, or June 30, 2028. In no event shall County have any obligation to “backfill” any shortfalls in the City’s private fundraising campaign. (iii) Timelines associated with City public or private fundraising efforts, entrants to the site, and/or operations/closure of the site, are defined as follows: City Fundraising Deadline No New Entries Deadline (Assuming Lack of Funds) Operations/Site Closure January 1, 2027 June 30, 2027 June 30, 2028 January 1, 2028 June 30, 2028 June 30, 2029 (iv) Parties expressly agree that in no event shall the Interim Shelter at the Property operate beyond June 30, 2027 unless extended through no later than June 30, 2029 as Attachment 2 4927-4965-7973 v2 9 described in this Section 3.9(e)(i)-(iv). Not less than ninety (90) days before the Interim Shelter’s scheduled closure, the City shall meet and confer with HHS to discuss plans to safely exit Interim Shelter residents by the closure date. (f) The Interim Shelter shall open no sooner than January 1, 2026. City and County shall equally share (50/50) mutually agreed-upon operating costs for the term of the ERF-3 grant, or until June 30, 2027, as detailed in the Approved Annual Operating Budget, totaling no more than $2,001,250.00 annually on a fiscal year basis, attached as Exhibit C to this agreement (“Approved Annual Operating Budget”). (i) Operating costs shall first be funded with remaining ERF-3 grant funds, estimated by the City to total approximately $1,500,000.00 as of December 31, 2025. As described in the Collaboration Agreement, the City-County 50/50 cost sharing shall apply only after all ERF-3, McGuire, and/or County Match funds are fully expended. If operations costs exceed the costs in the Approved Annual Operating Budget, the costs shall be borne at a rate of 75% for the City and 25% for the County through June 30, 2027. The Parties expressly agree that County shall not be responsible for any operating costs of the Interim Shelter after June 30, 2027. (g) Any operations at the site extending beyond June 30, 2027 shall be funded solely by the City. City intends to apply for additional grant funding and lead a fundraising campaign to fully offset the costs of operation extending until June 30, 2028 or June 30, 2029, as described in Section 3.9(e)(i)-(iv). County shall support the City’s grant seeking and fundraising efforts; however, such support shall be at the sole discretion of County. In no event shall County have any obligation to “backfill” any shortfalls in the City’s private fundraising campaign. (h) The County provides funds from its Housing Trust for affordable housing, typically at a level of no more than $100,000 per unit. The Parties recognize that entitlement of the Project is subject to future discretionary actions as described in the recitals and within the City’s sole discretion. If the City chooses to exercise its discretion to entitle a modified Project or to not entitle the Project, City shall pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable housing by June 30, 2028, up to a total of $8,000,000.00. City’s payment of these funds shall be due to County by September 30, 2028, if the City choses to entitle a modified Project or to not entitle the Project. Section 3.10 Miscellaneous. (a) Upon acquisition, City shall be the owner of the Property and solely responsible for managing the Property in all respects and providing all safety services (including the San Rafael Police Department, San Rafael Fire Department, and Specialized Assistance for Everyone (SAFE) Team) to residents of the Interim Shelter. (b) City shall be fully responsible for all community outreach related to the Project and the Interim Shelter and will coordinate all communications with the County. (c) City shall be fully responsible for all communications with Interim Shelter residents at the Property, which is located within the City’s jurisdiction, as well as with surrounding area community residents. City shall collaborate in partnership with the County on all Attachment 2 4927-4965-7973 v2 10 communications to the general public. Any project signs, media contacts, media release or other public communications shall specifically mention the partnership between the County and City. (d) County Health and Human Services will continue to provide services to Interim Shelter residents and will ensure that Interim Shelter residents receive the same or similar services that they received while residing at the Mahon Encampment, as specified in the ERF-3 grant and the Collaborative Agreement between the City and County. Such services provide a range of support to individuals with the goal of placing individuals on pathways to permanent housing. (e) Any Regional Housing Needs Allocation credits awarded for the affordable housing Project shall be shared equally between the City and County, subject to any applicable state law restrictions, the amendment of which shall be the responsibility of the County in cooperation with the City. Section 3.11 Compliance with State and Federal Laws, Rules, Guidelines, and Regulations. City agrees to comply with all state and federal laws, rules, guidelines, and regulations that are applicable to the Interim Shelter and Project, including those that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and accessibility. City shall be responsible for ensuring the Interim Shelter and the services provided therein meet accessibility requirements under applicable State and Federal law. ARTICLE 4 DEFAULT AND REMEDIES Section 4.1 Events of Default. Each of the following shall constitute a "Default" by Grantee under this Agreement: (a) Breach of Covenants. Failure by Grantee to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of this Grant Agreement, and such failure having continued uncured for thirty (30) days after receipt of written notice thereof from the County to the Grantee, shall constitute Default; provided, however, that if a different period or notice requirement is specified under any other section of this Article 4, the specific provisions shall control. (b) Assignment; Attachment. Grantee shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety (90) days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. (c) Liens on Property. There shall not be filed any claim of lien (other than liens in the Approved Development Budget or otherwise approved in writing by the County) against the Property or any part thereof, and the continued maintenance of said claim of lien or notice to Attachment 2 4927-4965-7973 v2 11 withhold for a period of twenty (20) days without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (d) Condemnation. The condemnation, seizure, or appropriation of all or the substantial part of the Property. (e) Representation or Warranty Incorrect. Any Grantee material representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with this Grant Agreement, proves to have been incorrect in any material respect when made. (f) Failure to Reimburse the County for a Modified Project or No Project. If the City’s reimbursement obligations under Section 3.9(h) of this Agreement are triggered, and the City fails to reimburse the County as specified in Section 3.9(h) of this Agreement. Section 4.2 Remedies. The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the County or City or automatically where so specified, relieve the County of any obligation to make or continue the Grant and shall give the County and City the right to proceed with any and all remedies set forth in this Agreement, including but not limited to the following: (a) Specific Performance. The County and City shall have the right to bring an action or proceeding at law or in equity to require the other Party to perform its obligations and covenants under this Grant Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Grant Agreement. (b) Repayment of Grant. Upon an event of Default, the County shall have the right to require repayment of the Grant in full. (c) Other Remedies. The County and City shall have the right to exercise any and all rights and remedies afforded by this Agreement, law, equity or otherwise, including obtaining the appointment of a receiver. Section 4.3 Remedies Cumulative. No right, power, or remedy given to the County or City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the County or City by the terms of any such instrument, or by any statute or otherwise against the other Party and any other person or entity. Neither the failure nor any delay on the part of the County or City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the County or City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. Attachment 2 4927-4965-7973 v2 12 ARTICLE 5 GENERAL PROVISIONS Section 5.1 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Grantee or its agents, employees or contractors, and Grantee shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Grantee has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regard to the purchase of the Property, construction and operation of the Project, Grantee shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that contractors shall be solely responsible for similar matters relating to their employees. Grantee shall be solely responsible for its own acts and those of its agents and employees. Section 5.2 No Claims. Nothing contained in this Agreement shall create or justify any claim against the County by any person that Grantee may have employed or with whom Grantee may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the construction or the operation of the Project. Section 5.3 Amendments. No alteration or variation of the terms of this Agreement shall be valid unless made in writing by the Parties. Section 5.4 Indemnification. The Grantee shall indemnify, defend and hold the County harmless against all claims made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with the purchase of the Property and the development of the Interim Shelter or the Project, except to the extent such claim arises from the negligence, violation of law or willful misconduct of the County, its agents, and its employees. Section 5.5 Non-Liability of County and City Officials, Employees and Agents. (a) No member, official, employee or agent of the County shall be personally liable to Grantee in the event of any default or breach by the County or for any amount which may become due to Grantee or its successor or on any obligation under the terms of this Agreement. (b) No member, official, employee or agent of the Grantee shall be personally liable to the County in the event of any default or breach by the Grantee or for any amount which may Attachment 2 4927-4965-7973 v2 13 become due to the County or its successor or on any obligation under the terms of this Agreement. Section 5.6 No Third-Party Beneficiaries. There shall be no third-party beneficiaries to this Agreement. Section 5.7 Notices, Demands and Communications. Formal notices, demands, and communications between the Parties shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: COUNTY: County of Marin Office of the County Executive 3501 Civic Center Drive San Rafael, CA 94903 Attn: County Executive GRANTEE: City of San Rafael Attn: City Manager 1400 5th Avenue San Rafael, CA 94901 With a copy to: City Attorney’s Office Attn: Chief Assistant City Attorney 1400 5th Avenue, Suite 202 San Rafael, CA 94901 Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Copies of notice, sent to Grantee shall also be sent to any member of Grantee who requests such notice in writing and provides its address. Section 5.8 Applicable Law and Venue. Attachment 2 4927-4965-7973 v2 14 This Agreement shall be governed by California law, and the venue shall be Marin County, California. Section 5.9 Parties Bound. Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Without limiting the foregoing, the County shall have the right to assign its rights under the Grant Agreement to any third party, whether on a collateral assignment basis or otherwise, and in connection therewith the County shall have the right to deliver and otherwise disclose to such third party all information relating to the Grantee, any partners of the Grantee, and/or the Project and the Property, including without limitation financial and credit information. Section 5.10 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorneys' fees and costs of suit from the other Party. Section 5.11 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 5.12 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock- outs; riots; floods; earthquakes; fires; quarantine restrictions; freight embargoes; lack of transportation; or court order; or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any cause will be deemed granted if notice by the Party claiming such extension is sent to the other within thirty (30) days from the commencement of the cause. In no event shall the County be required to agree to cumulative delays in excess of three hundred sixty-five (365) days. Section 5.13 County Approval. Whenever this Agreement calls for County approval, consent, or waiver, and such action is requested of the County in the normal course of the administration and disbursement of the Grant, the written approval, consent, or waiver of the County Executive of the County shall constitute the approval, consent, or waiver of the County, without further authorization required from the County Board of Supervisors. The County hereby authorizes the County Executive of the County to deliver such approvals or consents as are required by this Agreement, or to waive such requirements under this Agreement, on behalf of the County. Any consents or approvals Attachment 2 4927-4965-7973 v2 15 required under this Agreement shall not be unreasonably withheld or made, except where it is specifically provided that a sole discretion standard applies. The County Executive of the County is also hereby authorized to approve, on behalf of the County, requests by Grantee for reasonable extensions of time deadlines set forth in this Agreement. The County shall not unreasonably delay in reviewing and approving or disapproving any proposal by Grantee made in connection with this Agreement. Notwithstanding the foregoing, any material change to this Agreement shall be in the form of an Amendment and approved by the County Board of Supervisors. Section 5.14 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Grantee shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 5.15 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. Section 5.16 Entire Understanding of the Parties The Grant Agreement constitutes the entire understanding and agreement of the Parties with respect to the Grant. Section 5.17 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [THE SIGNATURE PAGE FOLLOWS] Attachment 2 4927-4965-7973 v2 16 WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written. COUNTY: MARIN COUNTY, a political subdivision of the State of California By: Name: __________________________________ Its: Approved as to Form: By: Name: __________________________________ Its: GRANTEE: City of San Rafael, a political subdivision of the State of California By: Name: __________________________________ Its: Attachment 2 4927-4965-7973 v2 17 EXHIBIT A Legal Description of the Property Real property in the City of San Rafael, County of Marin, State of California, described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT(2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 4927-4965-7973 v2 1065\20\3248326.4 EXHIBIT B Approved Interim Shelter Acquisition and Site Set-Up Budget (County Contribution Not to Exceed $8.0M) Category Detail Amount / Formula Land Acquisition Costs Purchase Price $6,700,000 Land Acquisition Costs Brokerage $201,000 Land Acquisition Costs Legal $50,000 Land Acquisition Costs Appraisal $2,700 Site Set Up Costs Temporary Structures $1,129,000 Site Set Up Costs Pallet Structures (Used) $60,000 Site Set Up Costs FF&E $158,600 Site Set Up Costs Fencing $80,000 Site Set Up Costs Relocation Process $15,000 Site Set Up Costs Utility Connections (PG&E) $75,000 Site Set Up Costs Site Prep Contingency $44,000 Total Acquisition and Start-Up Costs $8,515,300 4927-4965-7973 v2 1065\20\3248326.4 EXHIBIT C Approved Annual Operating Budget (FY 2025-26 and FY 2026-27) Category Detail Amount / Formula Office & Supplies Annual $10,000 Utilities Water $24,000 Utilities Gas $50,000 Utilities Electricity $65,000 Transportation Transit Passes $15,000 Food Annual $237,250 FY26 FS Global Contract Annual - Site Management $750,000 FY26 Defense Block Contract Annual - Security $850,000 Total Annual Operating Expenses $2,001,250 Cost per Participant (70 unique indiv.) $28,589 4927-4965-7973 v2 11/13/25 EXHIBIT D DRAFT Good Neighbor Policy and Code of Conduct Interim Shelter at 350 Merrydale Road Joint Policy of the City of San Rafael and County of Marin 1. Purpose and Intent The City of San Rafael and County of Marin are committed to ensuring that the Interim Shelter at 350 Merrydale Road operates safely, respectfully, and in a way that positively integrates with the surrounding neighborhood. This Good Neighbor Policy, in coordination with the Resident Code of Conduct, establishes shared expectations for residents, staff, and community members. Every resident must review and sign both documents prior to entry. Continued participation in the program is contingent upon adherence to these expectations. 2. Goals 1. Support and encourage high-quality services that are well integrated into, and supported by, the community. 2. Maintain peaceful, safe, clean, and crime-free neighborhoods for both program participants and surrounding residents and businesses. 3. Facilitate direct, honest communication among all community partners, including the City’s Police and Fire Departments, County of Marin Health and Human Services, transit agencies, and other service providers. 4. Ensure clear, accessible points of contact and resolution for addressing community concerns or disputes. 5. Foster mutual respect for all community members and protection of public and private property. 6. Encourage active participation of shelter operators in sustaining the neighborhood’s cleanliness, safety, and vitality. 7. Ensure adherence to property maintenance standards that preserve community character and quality of life. 8. Provide accountability for criminal or disruptive behavior, including cooperation with law enforcement when necessary. 9. Maintain accessible, publicized contact information—available 24/7—for community inquiries or concerns. 10. Convene regular meetings with community partners, including engagement with specific stakeholders such as nearby residents or businesses, to review operations and address emerging issues. 11. Notify neighbors of significant program or facility changes in advance and seek community input where appropriate. 12. Document and review concerns or complaints to ensure timely and effective follow-up and corrective action. 4927-4965-7973 v2 ii 11/13/25 1065\20\3248326.4 3. Guiding Values 1. Responsiveness: Maintain open communication with neighbors and adjust operations based on feedback. 2. Collaboration: Partner with residents, community organizations, and public agencies to foster shared understanding. 3. Accountability: Measure and report outcomes such as housing placements and reductions in unsheltered homelessness. 4. Coordination: Align program operations with Marin County’s Coordinated Entry System, outreach teams, and public safety partners. Services offered at the site are exclusively reserved only for those participating in the interim shelter program. 4. Safety and Security Practices 1. Onsite staff present. 24 hours a day, seven days a week, 365 days per year. 2. Resident entry and exit monitored through check-in and check-out procedures. 3. No public drop-in access or loitering permitted outside the property, including SMART owned property per its Code of Conduct at: https://sonomamarintrain.org/codeofconduct. 4. Regular site walks and neighborhood walks conducted to maintain cleanliness and identify issues. 5. Lighting and security systems maintained to ensure visibility and safety. 6. Emergency protocols in place, requiring immediate contact with Police, Fire, or SAFE as appropriate. 7. Regular property inspections and maintenance in compliance with City standards. 8. Adherence to health and safety guidelines at all times. 9. Prompt response to concerns raised by residents, neighbors, or community partners. 5. Resident Code of Conduct and Expectations Residents are expected to follow these standards both onsite and in the surrounding neighborhood: 1. Respectful conduct: Treat staff, neighbors, and fellow residents with courtesy and respect at all times. 2. Quiet hours: Observe quiet hours between 10:00 p.m. and 7:00 a.m.; no loud conversations, music, or vehicle noise. 3. Smoking and substance use: Smoke only in designated outdoor areas; alcohol and illegal substances are prohibited. 4. Pets: Keep pets leashed outdoors; clean up pet waste immediately. 5. Cleanliness: Maintain clean living spaces and shared areas; no outdoor storage of belongings. 6. Visitors: Allow only approved visitors during designated hours; no loitering in nearby neighborhoods or surrounding unimproved areas. 7. Prohibited behaviors: Disruptive, threatening, or illegal activity—including vandalism, theft, or harassment—is not permitted. 8. Transportation: Park vehicles and bicycles in designated areas in compliance with all regulations; follow all rules and regulations when using public transportation. 9. Compliance: Follow all program rules, City ordinances, and this policy. 4927-4965-7973 v2 iii 11/13/25 1065\20\3248326.4 Accountability and Enforcement: Repeated or serious violations—after appropriate warnings and case management intervention— will result in graduated consequences, up to and including discharge from the program. 6. Community Engagement and Complaint Resolution 1. A designated City contact (email and phone) will be available during business hours to address neighborhood concerns. 2. A 24-hour contact number will be maintained for urgent matters. After hours, calls will be directed to SAFE or law enforcement as appropriate .All complaints will be documented, investigated, and resolved with timely follow-up, consistent with confidentiality requirements. 3. The City will maintain an updated webpage with program information, performance data, and meeting schedules. 4. At least one community meeting per year will be held to review operations, outcomes, and neighborhood input. 5. The City and County will encourage coordination with neighborhood watch programs and community associations to enhance safety and communication. 7. Policy Management and Amendments 1. This policy will be actively managed by the City of San Rafael and County of Marin, with periodic review to assess effectiveness and responsiveness to community needs. 2. Amendments may be made by mutual agreement of the County Executive of Marin County and the City Manager of San Rafael. Attachment 3 4925-4703-1413 v2 1 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENTCODE SECTION 27383 AND WHEN RECORDED MAIL TO: Marin County County of Marin Community Development Agency 3501 Civic Center Drive, Suite 308 San Rafael, California 94903 Attn: Director AND County Executive __________________________________________________________________________ REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS County of Marin Funding Support 350 Merrydale Road, San Rafael, California This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made and entered into as of November __ , 2025, by and between the County of Marin, (the "County"), and the City of San Rafael, (the "City"). RECITALS A. On April 18, 2024, the California Interagency Council on Homelessness awarded the County and City a $5,999,241.68 ERF-3 grant to address the Mahon Encampment and provide services and support to its sixty-five (65) participants over a three-year period. Specifically, the ERF-3 grant funds outreach services, housing-based case management services, interim shelter, and delivery of permanent housing for Mahon Encampment residents. The ERF- 3 grant terminates on June 30, 2027. B. On November 19, 2024, the County and the City entered into a Collaborative Agreement (“Collaboration Agreement”) wherein these State ERF-3 grant funds were accepted and appropriated for use, as well as an additional $500,000 in funding from State Senator Mike McGuire (“McGuire Funds”) and $500,000 in matching County General Funds (“County Match Funds”), totaling an additional $1,000,000 in funding for services for the Mahon Encampment. C. City has identified 350 Merrydale Road in San Rafael, California, as more particularly described in Exhibit A (the "Property"), as a suitable location for permanent affordable housing. While predevelopment analysis and planning is underway for the Project (defined below), the Property offers an opportunity for use as needed interim homeless shelter for homeless individuals until the during the planning process for the Project. The Property is located near transportation and transit corridors which connect to jobs, amenities and other services. D. By separate agreement (the “Grant”), City wishes to be awarded from the County, and the County wishes to extend to City, a grant of up to Eight Million Dollars ($8,000,000.00) Attachment 3 4925-4703-1413 v2 2 to assist with financing the purchase and acquisition of the Property and initial site set up of the Interim Shelter. Said grant is based upon the County providing funds from its Housing Trust for affordable housing, typically at a level of no more than $100,000 per unit. If the City chooses to exercise its discretion to entitle a modified Project or to not entitle the Project, City is liable to pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable housing by June 30, 2028, up to a total of $8,000,000.00. E. City’s purchase of the Property and the County’s financial support implement the strategies to address encampments as outlined in the Collaboration Agreement, including but not limited to, the strategies for Housing & Support and Prevention by providing for a homeless shelter that will qualify as a Low Barrier Navigation Center (defined below) for up to sixty-five (65) temporary interim shelter structures to serve the residents of the Mahon Encampment and approximately five (5) other individuals currently experiencing homelessness in the City for the remainder of the ERF-3 grant period (through June 30, 2027 or as may be extended per the Grant Agreement) while the City goes through the process of developing permanent affordable housing at the Property. F. The Parties recognize that the process of developing the Project (defined below) will require the City to take additional discretionary actions, such as issuing a Request for Proposals to select an affordable housing developer and negotiating and entering into a lease disposition and development agreement with the selected developer. G. The County and the City have entered into a Grant Agreement pursuant to which the County will provide a Grant (the "Grant") to the City to develop the Property for the Project. Capitalized terms used but not defined in this Agreement shall have the meanings set forth in the Grant Agreement. The County has agreed to make the Grant to the City on the condition that the Property be developed, maintained and operated in accordance with restrictions concerning affordability, operation, and maintenance of the Property, as specified in this Agreement and the Grant Agreement. H. In consideration of receipt of the Grant, the City has further agreed to observe all the terms and conditions set forth below. I. In order to ensure that the entire Property will be used and operated in accordance with these conditions and restrictions, the County and the City wish to enter into this Agreement. THEREFORE, the County and the City hereby agree as follows. ARTICLE 1 DEFINITIONS 1.1 Definitions When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1. Attachment 3 4925-4703-1413 v2 3 (a) "Actual Household Size" shall mean the actual number of persons in the applicable household. (b) "Adjusted Income" shall mean the total anticipated annual income of all persons in a household as calculated in accordance with 24 CFR 813. (c) "Agreement" shall mean this Regulatory Agreement and Declaration of Restrictive Covenants. (d) "City" shall mean the City of San Rafael and its successors and assigns to the Project. (e) "County" shall mean the County of Marin, a political subdivision of the State of California. (f) "Covered Unit" shall mean units restricted pursuant to Section 2.1 below. (g) "Grant" shall mean all funds Granted to the City by the County pursuant to the Grant Agreement. (h) "Grant Agreement" shall mean the Grant Agreement entered into by and between the County and the City, dated of even date herewith. (i) “Interim Shelter” shall mean the up to sixty five (65) structures of temporary homeless shelter for homeless individuals at the Property, which shall consist of pallet cabins, , trailers, or similar product. Interim Shelter includes a Low Barrier Navigation Center. (j) "Low Barrier Navigation Center” or “LBNC” shall mean a low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing as authorized by Government Code Sections 65660, 65664, and 65666. (k) “Median Income" shall mean the median gross yearly income, adjusted for Actual Household Size or Assumed Household Size as specified herein, in the County of Marin, California, as published annually by the United States Department of Housing and Urban Development ("HUD") and the State of California. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County shall provide the City with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HUD and the State. (l) "Project" shall mean the eighty (80) units of affordable housing developed long-term, and attendant site improvements thereon. Attachment 3 4925-4703-1413 v2 4 (m) "Property" shall mean the real property described in Exhibit A attached hereto and incorporated herein. (n) "Rent" shall mean the total of monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities, including parking; any separately charged fees or service charges assessed by the City which are required of all Tenants, other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, internet or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the City, and paid by the Tenant. (o) "Tenant" shall mean a household occupying a Unit. (p) "Term" shall mean the term of this Agreement, which shall have the meaning as set forth in Article 6.4.. (q) "Unit" shall mean one of the Project’s affordable housing units on the Property. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Affordability Restriction. Subject to the provisions of Section 2.3 below, eighty (80) Units in the Project shall be rented to and occupied by or, if vacant, available for occupancy by Tenants whose incomes do not exceed eighty percent (80%) of Median Income, though City will make good faith effort to keep affordability levels as low as possible, dependent on funding and other factors developed in the project's proforma. 2.2 Allowable Rent (a) Rent. Subject to the provisions above and in Section 2.3 and 2.4 below, the Rent (including utility allowance) charged to Tenants of the Covered Units shall not exceed one-twelfth (1/12) of thirty percent (30%) of eighty percent of the specified income: (80%) of Area Median Income for the Units, as appropriate based on the applicable income level set forth in Section 2.1(a) of this Agreement, and adjusted for Assumed Household Size or the applicable fair market rent if rented to a household with a Housing Choice Voucher. City is precluded from increasing tenants rent in excess of five percent (5%) during a 12-month period. Attachment 3 4925-4703-1413 v2 5 ARTICLE 3City INCOME CERTIFICATION AND REPORTING 3.1 Income Certification. The City will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Covered Units. The City shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking two or more of the following steps as a part of the verification process: (a) obtain a pay stub for the most recent pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency or similar search; (d) obtain an income verification form from the applicant's current employer; (e) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (f) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of Tenant income certifications shall be available to the County upon request. 3.2 Annual Report to County. The City shall submit to the County (a) not later than the sixtieth (60th) day after the close of each calendar year, a statistical report, including income and rent data for all units and racial and ethnicity data of all households, setting forth the information called for therein, or such other data as may be reasonably requested by the County, and (b) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the County in order to comply with reporting requirements of the United States Department of Housing and Urban Development or the State of California. 3.3 Additional Information. The City shall provide any additional information reasonably requested by the County. The County shall have the right to examine and make copies of all books, records or other documents of the City which pertain to the Project. 3.4 Records. The City shall maintain complete, accurate and current records pertaining to the Project, and shall permit any duly authorized representative of the County to inspect records, including records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the City and shall be maintained in a reasonable condition for proper audit and subject to examination during business hours by representatives of the County. The City shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. Attachment 3 4925-4703-1413 v2 6 ARTICLE 4 OPERATION OF THE PROJECT 4.1 Residential Use. During the Term of this Agreement, the Property shall be operated only for use as permanent affordable housing. The Parties acknowledge that prior to the Term of this Agreement, commencing no sooner than January 1, 2026 and operating no longer than through June 30, 2029, the City may use the Property as a temporary homeless shelter for homeless individuals, which includes but is not limited to a Low Barrier Navigation Center, as set forth in the Grant Agreement. 4.2 Compliance with Grant Agreement. So long as the Property is used for the Interim Shelter, the City shall comply with all the terms and provisions of the Grant Agreement. 4.3 Taxes and Assessments. City shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any line or charge from attaching to the Property; provided, however, that City shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event City exercises its right to contest any tax, assessment, or charge against it, City, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. 4.4 Compliance with State and Federal Laws, Rules, Guidelines, and Regulation. City agrees to comply with all state and federal laws, rules, guidelines, and regulations that are applicable to the Project, including those that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and tenant protections. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. The City is responsible for all management functions with respect to the Property, including without limitation conducting affirmative marketing, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County shall have no responsibility over management of the Property. 5.2 Management Agent; Periodic Reports. Attachment 3 4925-4703-1413 v2 7 The Property shall at all times be managed by an experienced management agent reasonably acceptable to the County, with demonstrated ability to operate residential facilities like the Property in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The City shall submit for the County's approval the identity of any proposed Management Agent or staff person. The City shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for the County to determine whether the proposed Management Agent meets the standard for a qualified Management Agent set forth above. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, the County shall approve the proposed Management Agent by notifying the City in writing. Unless the proposed Management Agent is disapproved by the County within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Approval of Management Policies. The City shall submit its written management policies with respect to the Project to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement. 5.4 Property Maintenance. The City agrees, for the entire Term of this Agreement, to maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, County, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. ARTICLE 6 MISCELLANEOUS 6.1 Lease Provisions. The form of Tenant lease utilized by City shall be submitted to the County for review and approval and shall comply with all requirements of this Agreement, and shall, among other matters: provide for termination of the lease and consent by the Tenant to immediate eviction for: (1) failure to provide any information required under this Agreement or reasonably requested by the City to establish or recertify the Tenant for occupancy in the Project in accordance with the standards set forth in this Agreement, or (2) any material misrepresentation made by such Tenant with respect to the income computation or certification. 6.2 Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, Attachment 3 4925-4703-1413 v2 8 age, ancestry, disability, or income source, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall the City or any person claiming under or through the City, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the construction, operation and management of any Unit. City shall market units in accordance with the HUD-approved affirmative fair housing marketing plan and all Federal, State, or local fair housing and equal opportunity requirements. 6.3 Housing Choice Voucher (Section 8) Holders. The City will accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under the Housing Choice Voucher Program (Section 8) of the United States Housing Act, or its successor. The City shall not apply selection criteria to voucher holders that are more burdensome than criteria applied to all other prospective Tenants, nor shall the City apply or permit the application of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective Tenants. 6.4 Term. The Parties agree that this Agreement shall be recorded in the official records of the County of Marin following execution. Recordation shall constitute notice to all subsequent transferees and encumbrancers of the covenants and restrictions set forth herein. The provisions of this Agreement shall apply to the Property for the entire Term. The Term of this Agreement shall commence on the date that the Interim Shelter ceases to operate, or June 30, 2028, whichever date is earlier, and shall continue in perpetuity unless terminated by the City as set forth herein. The City may terminate this Agreement with or without cause by repaying the amount of the Grant to the County, which is a total of $8,000,000 by September 30, 2028. Upon such termination, the County shall execute and cause to be recorded in the official records of the County a release or other appropriate instrument evidencing the termination of this Agreement and the release of all covenants and restrictions contained herein from title to the Property. Upon recordation of such release, this Agreement shall be deemed null, void, and of no further force or effect, and neither Party shall have any continuing rights or obligations hereunder. During the Term, this Agreement shall bind any successor, heir or assign of the City, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County makes the Grant on the condition, and in consideration of, this provision, and would not do so otherwise. 6.5 Compliance with Grant Agreement. City's actions with respect to the Property shall at all times be in full conformity with all requirements of the Grant Agreement to the extent that it is applicable. Attachment 3 4925-4703-1413 v2 9 6.6 Covenants to Run With the Land. The County and the City hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this Agreement. 6.7 Assignment and Assumption. The City shall not assign or transfer any of its rights or obligations under this Agreement, in whole or in part, without the prior written consent of the County, which consent shall not be unreasonably withheld. Any proposed assignee must demonstrate to the reasonable satisfaction of the County that it has (i) the qualifications and financial capacity necessary to operate the Property and Project in compliance with this Agreement, and (ii) the willingness to assume all obligations of the City hereunder. Upon County approval, the City shall cause the assignee to execute an assumption agreement, in a form approved by County, pursuant to which the assignee agrees to be bound by all the terms, covenants, and conditions of this Agreement. 6.8 Enforcement by the County. If the City fails to perform any obligation under this Agreement, and fails to cure the default within one hundred eighty (180) days after the County has notified the City in writing of the default or, if the default cannot be cured within one hundred eighty (180) days, failed to commence to cure within one hundred eighty (180) days and thereafter diligently pursue such cure and complete such cure within three hundred sixty five (365) days, and shall notice the County of its efforts, and these efforts must be to the satisfaction of the County, the County shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law: (a) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel the City's performance of its obligations under this Agreement, and/or for damages. (b) Specific Performance. The County and City shall have the right to bring an action or proceeding at law or in equity to require the other Party to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Agreement. Attachment 3 4925-4703-1413 v2 10 (c) Repayment of Grant. Upon an event of default by the City, the County shall have the right to require repayment of the Grant in full. (d) Reimbursement for modified Project or no Project. In the event the City entitles fewer than eighty (80) Units as part of the Project at the Property by June 30, 2028, the City shall pay County $100,000 for every unit less than eighty (80) that it fails to entitle as affordable housing. City’s payment of these funds shall be due to County by September 30, 2028. The parties shall work in good faith to execute an amendment to this Agreement, pursuant to section 6.12, to update the number of Covered Units. (e) Other Remedies. The County and City shall have the right to exercise any and all rights and remedies afforded by this Agreement, law, equity, or otherwise, including obtaining the appointment of a receiver. 6.9 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.10 Recording and Filing. The County and the City shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Marin. 6.11 Governing Law. This Agreement shall be governed by the laws of the State of California. 6.12 Waiver of Requirements. Certain requirements of this Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this Agreement shall, or shall be deemed to, extend to or affect any other provision of this Agreement. 6.13 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Marin. 6.14 Notices. Attachment 3 4925-4703-1413 v2 11 Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: City: City of San Rafael Attn: City Manager 1400 5th Avenue San Rafael, CA 94901 With a copy to: City Attorney’s Office Attn: Chief Assistant City Attorney 1400 5th Avenue, Suite 202 San Rafael, CA 94901 Copies of notices sent to City shall also be sent to the limited partner of the City if the limited partner has requested such notice and provided the County with its address. County: County of Marin Community Development Agency 3501 Civic Center Drive, Suite 308 San Rafael, California 94903 Attn: Director AND County Executive Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.15 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby. 6.16 Multiple Originals; Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Attachment 3 4925-4703-1413 v2 12 [THE SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the County and the City have executed this Agreement by duly authorized representatives, all on the date first written above. CITY: City of San Rafael PROJECT SPONSOR, By: ______________________________ Name: Its: City Manager COUNTY: County of Marin, a political subdivision of the State of California By: _____________________________________ Name: ___________________________________ Its: ______________________________________ Approved as to Form: Attachment 3 4925-4703-1413 v2 13 By: Name: __________________________________ Its: 4925-4703-1413 v2 A-1 EXHIBIT A Legal Description of Property Real property in the City of San Rafael, County of Marin, State of California, described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of , 2025 (‘Effective Date”), by and between Ridgewood Properties Partnership LLC, a California limited liability company, as to an undivided % interest, and Merrydale-Clayton LLC, a California limited liability company, as to an undivided % interest (collectively, “Seller’), and the City of San Rafael, a municipal corporation of the State of California (“Buyer”), for the purpose of setting forth the purchase and sale agreement of the parties and to provide instructions to First American Title Company in Pleasanton, CA (“Escrow Agent’ and “Title Company’), with respect to the transaction contemplated by this Agreement. RECITALS A. Seller is the owner of that certain parcel of real property located in the City of San Rafael (“City”), County of Marin (“County”), State of California, commonly known as 350 Merrydale Road/3833 Redwood Highway as more particularly described on Exhibit A attached hereto (“Real Property’). The Real Property, together with the buildings, structures, improvements, intangible property, and personal property thereon or related thereto, are collectively referred to in this Agreement as the “Property.” B. Buyer has received all due diligence documents that it has requested from Seller, has completed its due diligence review, and has obtained and reviewed the results of all independent inspections, investigations, tests, and studies of the Property that Buyer deems necessary or appropriate concerning the Property. C. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, all on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree, and instruct Escrow Agent, as follows: 1. PURCHASE AND SALE. Subject to and upon all the terms and conditions of this Agreement, Seller agrees to sell, transfer, and convey the Property to Buyer, and Buyer agrees to purchase and acquire said Property from Seller. 2. PURCHASE PRICE. The purchase price of the Property (“Purchase Price’) shall be Six Million Seven Hundred Thousand and 00/100 Dollars ($6,700,000). (a) Within three (3) Business Days after the Effective Date, Buyer shall deposit with Escrow Agent a deposit in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) (“Deposit”). Escrow Agent shall immediately release 11265.00002/3006410v2 1 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE the Deposit to Seller once made by Buyer. Except in the event of Sellers default as provided in Section 13 below and as otherwise provided in this Agreement, the Deposit shall be nonrefundable. (b) Ifthe sale of the Property as contemplated hereunder is consummated, the Deposit shall be credited against the Purchase Price. If the sale of the Property is not consummated because of the failure of any condition precedent or Seller's default hereunder, then the Deposit shall immediately be returned to Buyer. If the sale is not consummated because of Buyer's default hereunder, the Deposit shall be retained by Seller as liquidated damages as Seller's sole and exclusive remedy. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE THIS SALE BECAUSE OF A BUYER DEFAULT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD INCUR IN SUCH EVENT. BY PLACING ITS INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. INITIALS: Seller 2) [nu Buyer (c) At Closing, the balance of the Purchase Price shall be paid to Seller in cash. Said cash sum shall be reduced by the amount of the Deposit and adjusted by any credits due to or from Buyer hereunder. (d) The Deposit being delivered by Buyer includes the amount of One Thousand and No/100 Dollars ($1,000.00) as independent consideration for Seller's performance under this Agreement (“Independent Consideration’), which shall be retained by Seller in all instances. If Closing occurs or if this Agreement is terminated for any reason, then Seller shall retain the Independent Consideration notwithstanding anything to the contrary contained in this Agreement. The Independent Consideration shall be nonrefundable under all circumstances and shall not be applied to the Purchase Price at Closing. The Independent Consideration, plus Buyer’s agreement to pay the costs provided in this Agreement, has been bargained for as consideration for Seller’s execution and delivery of this Agreement and for Buyer’s review, inspection and termination rights during the Due Diligence Period, and such consideration is adequate for all purposes under any applicable law or judicial decision. 3. ESCROW AND ESCROW INSTRUCTIONS. Buyer and Seller shall open an escrow (“Escrow’) with Escrow Agent within three (3) Business Days of full execution of this Agreement. Escrow Agent is hereby appointed and designated to act as Escrow Agent and instructed to deliver, pursuant to the terms of this Agreement, the documents and funds to be deposited into Escrow as herein provided. 11265.00002/3006410v2 2 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 4. TITLE. (a) Title Report. Prior to the Effective Date, (a) Seller has made available to Buyer a preliminary title report for the Real Property issued by Title Company on May 1, 2025 under Order No. 131-628012ala, together with copies of all exception documents referenced therein (“Title Report”), and an ALTA/NSPS Land Title Survey prepared by Carlson, Barbee & Gibson, Inc., under its Job No. 3196-000, dated April 12, 2022 (“Existing Survey”). As of the Effective Date, Buyer has completed its review of the Title Report and the Survey. At Buyer's option and sole cost, Buyer may obtain a recertification, revision or update to the Existing Survey (if any), or a new survey of the Property and improvements by a licensed surveyor or civil engineer, containing such information as may be required to provide the basis for the Title Policy (any such recertified, revised, updated or new survey, the "Updated Survey”). (b) Standard Coverage Title Policy. At Closing, Seller shall convey to Buyer marketable and insurable fee simple title to the Real Property, appurtenances, and improvements, by duly executed and acknowledged Deed (as defined in Section 7.2.1). Evidence of delivery of marketable and insurable fee simple title shall be the issuance by Title Company of an ALTA Standard Coverage Owner's Policy of Title Insurance in the full amount of the Purchase Price, insuring fee simple title to the Real Property in Buyer, subject only to the following: (i) Title Company's standard printed exceptions; (ii) Zoning ordinances and regulations and other laws or regulations governing use or enjoyment of the Property; (iii) all other exceptions listed in the Title Report; (iv) liens to secure taxes and assessments not yet delinquent; and (v) matters that would be revealed by a current land survey or, if Buyer elects to obtain an Updated Survey, then matters revealed by such survey. (c) Title Exceptions: Definition of Owner's Title Policy. All such exceptions listed in Sections 4(b)(i) through (v) are defined herein as the “Permitted Exceptions,” and the title policy described in this Section 4 is defined herein as the “Owner’s Title Policy”. Notwithstanding the foregoing, (i) deeds of trust and/or mortgages, mechanic's liens or other monetary liens or encumbrances on the Property arising by or through the actions of Seller (collectively, “Liens”), (ii) property taxes and assessments in the amounts that are due and payable at Closing, (iii) Exception 12- “rights of parties in possession” (subject to the provisions of this Section 4(c)), and (iv) exceptions or encumbrances to title which are affirmatively created by Seller after the date of this Agreement (collectively, “Excluded Exceptions’) shall not be Permitted Exceptions, whether Buyer gives written notice of such or not, and at Closing Seller shall cause the same to be paid off, satisfied, discharged, cured, or removed from or endorsed over (to the reasonable satisfaction of Buyer) on the Owner's Title Policy, the same being a condition precedent for the benefit of Buyer. With respect to Exception 12, Seller agrees to complete and sign a commercially reasonable form of Owner's Affidavit prior to Closing such that Title Company will delete Exception 12 or revise it to include a list of only those parties in possession that Buyer approves in writing in its sole and absolute discretion. (d) Optional Extended Coverage Policy. At Buyer’s option, Buyer may request an ALTA Extended Coverage Owner’s Policy of Title Insurance, and any other 11265,00002/3006410v2 3 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE endorsements as Title Company shall agree to issue, in such coverage amount as Buyer shall require (“Extended Title Policy”), but such additional requirements of Buyer shall not be conditions to Closing and shall not be included in the definition of “Owner’s Title Policy” as provided in this Section 4. Notwithstanding the foregoing, the Extended Title Policy shall include a general survey exception and such other exceptions as Title Company may require related to the absence of a survey unless Buyer provides an Updated Survey of the Property acceptable to Title Company at Buyer’s sole cost and expense, and such requirements shall not delay the Closing. 5. BUYER'S DUE DILIGENCE. Buyer acknowledges and agrees that all materials made available or to be made available to Buyer by Seller, as listed in Exhibit C (“Due Diligence Items’), have been delivered to Buyer prior to the Effective Date (“Due Diligence Items Deadline”). The Due Diligence Items have been or will be made available as an accommodation to Buyer and, except for the express representations and warranties set forth in this Agreement, as such Seller makes no representations or warranties concerning the accuracy, adequacy, or completeness of the Due Diligence Items. Buyer further acknowledges and agrees that Buyer has undertaken all such inspections of the Property as Buyer deems necessary and appropriate and that Buyer is relying solely upon such investigations and not on any of the Due Diligence Items or any other information provided to Buyer by or on behalf of Seller. As to the Due Diligence Items, Buyer specifically acknowledges that certain of such Due Diligence Items have been prepared by third parties with whom Buyer has no privity, are based on information available from public sources over which Seller has no control and which may be subject to change, may contain errors, mistakes and omissions, and are provided solely as a courtesy by Seller. Buyer acknowledges and agrees that except for the express representations and warranties set forth in this Agreement, if any, no warranty or representation, express or implied, has been made, nor shall any be deemed to have been made, to Buyer with respect thereto, including any right of Buyer to rely on same, either by Seller or by any third parties who prepared the same. If the Closing hereunder shall not occur for any reason whatsoever, Buyer shall promptly return to Seller all materials provided by Seller to Buyer, including any Due Diligence Items, and shall destroy all copies and abstracts thereof in Buyer’s possession or control, subject to Buyer’s document retention policies. 6. CONDITIONS TO CLOSING. 6.1 Buyers Closing Conditions. The obligation of Buyer to consummate Closing is subject to the following: (a) all of Seller's representations and warranties contained in or made pursuant to this Agreement shall be true and correct in all material respects as of the Closing Date, subject to Section 8.14 below; (b) there shall be no material breach of Seller's covenants and obligations set forth in this Agreement: (c) Escrow shall pay at Closing from Seller's proceeds at Closing, or Seller shall have paid prior to the Closing, the Connection Fee Payment to the District, as provided in Section 7.7.1 below; (d) Seller shall have delivered the items described in Section 7.2 to Buyer or to Escrow Agent, and (e) as of Closing, the Title Company will have committed to issue the Title Policy to Buyer, subject only to the Permitted Exceptions (“Buyer's Closing Conditions”), which conditions may be waived by Buyer only in a writing executed by 11265,00002/3006410v2 4 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE Buyer. If Buyers Closing Conditions have not been fulfilled within the applicable time periods, Buyer may (a) waive the unfulfilled Buyer's Closing Condition and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or (b) terminate this Agreement by written notice to Seller and Escrow Agent, and to the extent that the failure of any applicable Buyer’s Closing Condition is caused by a Seller default, Buyer shall be entitled to pursue its rights and remedies pursuant to the terms of Section 13. 6.2 Seller's Closing Conditions. The obligation of Seller to consummate Closing is subject to all of the representations and warranties of Buyer set forth in this Agreement being true, correct, and complete in all material respects as of the Closing Date, and Buyer shall have made all of the deliveries required on the part of Buyer to be complied with or performed pursuant to the terms of Section 7.3 below on or prior to Closing (“Seller's Closing Conditions”), which conditions may be waived, or the time for satisfaction thereof extended, by Seller only in a writing executed by Seller. Within the applicable time periods, Seller may: (a) waive the unfulfilled Buyer's Closing Condition and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or (b) terminate this Agreement by written notice to Buyer and Escrow Agent, receive a refund of its Deposit and to the extent that the failure of any applicable Seller's Closing Condition is caused by a Buyer default, Seller shall be entitled to pursue its rights and remedies pursuant to the terms of Section 14. 6.3. Waiver of Conditions. The conditions set forth in Section 6.1 are for the exclusive benefit of Buyer and the conditions set forth in Section 6.2 are for the exclusive benefit of Seller. If any of such conditions have not been satisfied or waived within the period provided this Agreement may be terminated by the party benefiting from such condition, in which event the Deposit shall be returned to Buyer, and neither party shall have any further obligation to or rights against the other except as expressly provided in this Agreement. 7. CLOSING. 7.1 Closing Date. Subject to the provisions of this Agreement, Closing shall take place on December 2, 2025 (“Closing Date”). For purposes of this Agreement, the term “Closing” means the date upon which the Deed transferring title to the Real Property to Buyer are recorded in the Official Records of Marin County, California (“Official Records’). 7.2 Deliveries by Seller. On or before the Closing Date, Seller, at its sole cost and expense, shall deliver or cause to be delivered into Escrow the following items, documents, and instruments, each dated as of the Closing Date, fully executed and, if appropriate acknowledged, and, if applicable, in proper form for recording: 7.2.1 Deed. Title Company’s standard form of grant deed conveying the Real Property to Buyer and reasonably acceptable to Buyer (“Deed”); 11265.00002/3006410v2 5 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 7.2.2 Seller Assignment. The Seller Assignment in the form attached hereto as Exhibit B (“Seller Assignment”). Pursuant to the Seller Assignment and this Agreement, at Closing Seller shall assign to Buyer, without representation or warranty, all of Seller's rights, title and interest in and to that intangible property and personal property owned by Seller and used by Seller exclusively in connection with all or any portion of the Real Property, to the extent assignable without any consent or approval and at no cost to Seller, if any. 7.2.3 Connection Fee Payment. Evidence reasonably acceptable to City (which may consist solely of written evidence that sufficient funds have been wired to the District) that the Seller's obligations with respect to the Connection Fee Payment as provided in Section 7.7.1 have been satisfied, or shall be satisfied at the Closing. 7.2.4 Other. Such other items, documents, and instruments as may be reasonably required by Buyer, Title Company, Escrow Agent, or otherwise in order to effectuate the provisions of this Agreement and Closing and/or otherwise to fulfill the covenants and obligations to be performed by Seller at Closing pursuant to this Agreement. 7.3 Deliveries by Buyer. On or before the Closing Date, Buyer, at its sole cost and expense, shall deliver or cause to be delivered to the Escrow Agent the following funds and the following items, documents, and instruments, each dated as of the Closing Date, fully executed and, if appropriate acknowledged, and, if applicable, in proper form for recording: 7.3.1 Purchase Price. Cash or other immediately available funds in an amount equal to the unpaid sum of the Purchase Price (less the Deposit) and all of Buyer's share of the Closing Costs (and otherwise sufficient to close the transaction contemplated herein); 7.3.2 Certificate of Acceptance; Other. A certificate of acceptance of the Deed, and such other items, documents, and instruments as may be reasonably required by Seller, Title Company, Escrow Agent, or otherwise in order to effectuate the provisions of this Agreement and Closing and/or otherwise to fulfill the covenants and obligations to be performed by Buyer at Closing pursuant to this Agreement. 7.4 Actions by Escrow Agent. When Buyer and Seller have deposited with Escrow Agent the documents and funds required by this Agreement, Escrow Agent shall, in the order and manner herein below indicated, take the following actions: (a) disburse all funds as provided in the Closing Statement (as hereinafter defined), including without limitation the Connection Fee Payment (as and to the extent required by Section 7.7.1), (b) cause the Deed and any other documents customarily recorded and/or that the parties hereto may mutually direct to be recorded in the Official Records and obtain conformed copies thereof for distribution to Buyer and Seller, and (c) deliver to Seller and Buyer: (i) one electronic copy of the fully executed Seller Assignment, and (ii) one conformed copy of the Deed and each document recorded in connection with Closing. 11263.00002/3006410v2 6 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 7.5 Prorations/Apportionment. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as Buyer is exempt from payment of property taxes. Accordingly, Escrow Agent shall pay and charge Seller for that portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. Escrow Agent shall pay and charge Seller for any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property. Seller shall have the sole right, after Close of Escrow, to apply to the Marin County Tax Collector for a refund of any excess property taxes which have been paid by Seller with respect to the Property. This refund would apply to the period after Buyer's acquisition of the Property, pursuant to Revenue and Taxation Code Section 5096.7. If any expenses attributable to the Property and allocable to the period prior to Closing are discovered or billed after Closing, the parties shall make any necessary adjustment after Closing by cash payment to the party entitled thereto so that Seller shall have borne all expenses allocable to the period prior to Closing and Buyer shall bear all expenses allocable to the period from and after Closing. The obligations under this Section 7.5 shall survive Closing and the delivery and recordation of the Deed for the Property for ninety (90) days. 7.6 Closing Costs. Each party shall pay its own costs and expenses arising in connection with Closing, except the escrow fee, title insurance premium, transfer taxes and recording fees (“Closing Costs”) shall be allocated between the parties in accordance with customary practices in the County. 7.7 Payments to the District. 7.7.1 In consideration of this Agreement, Seller has agreed to timely pay the sum of $155,341.80 (the “Connection Fee Payment’) to Las Gallinas Valley Sanitary District (the “District”) to satisfy the District's requirement for payment of such amount for the “Connection Fee” pursuant to and as provided in the District's November 5, 2025 “Notice Of Nonpayment and Demand for Payment of Outstanding Connection Fees for Will-Serve Letter, Dated September 26, 2024” and as further detailed in District's Will- Serve Letter for the Property dated September 26, 2024 (included in the Due Diligence Items). To the extent that Seller has not paid the Connection Fee Payment to the District on or prior to the Closing Date and presented reasonable evidence of such payment to Buyer and Escrow Agent prior to the Closing, then Escrow Agent shall at Closing pay the Connection Fee Payment directly to the District from the Seller's proceeds at the Closing. 7.7.2 In consideration of this Agreement, including without limitation Seller's payment of the Connection Fee Payment for the benefit of Buyer's use and development of the Property after the Closing, Buyer shall repay to Seller the full amount of the Connection Fee Payment without interest on or before the date that is twelve (12) months after the Closing Date. Seller acknowledges that the Internal Revenue Service and/or California Franchise Tax Board may consider the provisions of this Section 7.7.2 to result in taxable income to Seller. Buyer makes no representations to Seller regarding the amount of any tax liability that may be imposed by the Internal Revenue Service and/or California Franchise Tax Board. Seller acknowledges that it is not relying on Buyer 11265.00002/3006410v2 7 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE for any tax advice related to the provisions of this Section 7.7.2， Seller waives and releases Buyer from any and all claims, including imputed interest, arising from the tax consequences of the provisions of this Section 7.7.2. Seller acknowledges that it has been given an opportunity to consult, and represents that it has consulted, with tax consultants it deems advisable in connection with the provisions of this Section 7.7.2. 7.7.3 Buyer's obligation to repay to Seller the Connection Fee Payment shall survive the Close of Escrow and shall not be deemed merged into the Grant Deed or any other instrument of conveyance delivered at the Close of Escrow. 7.8 Closing Statement. Prior to the Closing Date, Escrow Agent shall deliver to each of the parties for their review and approval a closing statement (“Closing Statement’) setting forth: (a) the proration amounts allocable to each of the parties; and (b) the Closing Costs allocable to each of the parties; and (c) the Connection Fee Payment, if and to the extent provided in Section 7.7.1. 8. SELLER’S REPRESENTATIONS AND WARRANTIES. Seller represents, and warrants to and agrees with Buyer, as of the Effective Date and as of the Closing Date, as follows: 8.1 Due Organization and Authority. Seller is composed of two limited liability companies, each of which is duly organized, validly existing, and in good standing under the laws of the State of California. Seller has full right, power, and authority to sell the Property to Buyer as provided in this Agreement and to carry out its obligations hereunder. The individual(s) executing this Agreement and the instruments referenced herein on behalf of Seller has/have the legal power, right, and actual authority to bind Seller to the terms hereof and thereof. This Agreement is, and all other instruments, documents and agreements to be executed, and delivered by Seller in connection with this Agreement shall be, duly authorized, executed, and delivered by Seller and the valid, binding, and enforceable obligations of Seller (except as enforcement may be limited by bankruptcy, insolvency, or similar laws). 8.2 No Violation, Conflict or Default. This Agreement and all other instruments, documents and agreements to be executed, and delivered by Seller in connection with this Agreement do not, and as of the Closing Date will not, result in any violation of, or conflict with, or constitute a default under, any provisions of any agreement of Seller or any mortgage, deed of trust, indenture, lease, or security agreement to which Seller or the Property is subject. 8.3 Bankruptcy. There are no attachments, levies, executions, assignments for the benefit of creditors, receiverships, conservatorships, or voluntary or involuntary proceedings in bankruptcy, or any other debtor relief actions contemplated by Seller or filed by Seller, or to Seller's knowledge, pending in any current judicial or administrative proceeding against Seller. 11265.00002/3006410v2 8 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97870176BE 84 No Default. To Sellers Knowledge, Seller is not in default under the provisions of any deed of trust, mortgage, or other encumbrances, liens, or restrictions that affect the Property. 8.5 Notices. Except as disclosed by Seller in the Due Diligence Items, Seller has received no written notice from any governmental authority with jurisdiction over the Property of any current violation by the Property of any laws or regulations applicable to the Property that has not been remedied by Seller. Seller shall immediately provide Buyer with a copy of any such notices received after the Effective Date. 8.6 Contracts. Except as disclosed by Seller in the Due Diligence Items or the Title Report: (i) there are no contracts or agreements relating to the ownership, use, operation and maintenance of the Property to which Seller is a party that are currently in effect and (ii) other than this Agreement, there are no contracts or agreements to which Seller is a party that grant any third party the right to possess the Property or any option, right of first offer, or right of first refusal to purchase the Property. To Seller's Knowledge, there are no contracts or agreements described in (i) or (ii) to which Seller is not a party. 8.7 Litigation. Except as disclosed by Seller in the Due Diligence Items or the Title Report, there is no litigation that has been served against Seller or threatened in writing against Seller that arises out of Seller's ownership, use, operation, or maintenance of the Property. Notwithstanding the foregoing, Seller has been advised of the existence of potential “Legal Challenges” as defined in Section 11.4 below and Seller makes no representation or warranty with respect to the existence of potential Legal Challenges. To Seller's Knowledge there is no litigation pending or threatened against Seller (a) arising from Seller's promise to sell or grant any interest in the Property to parties other than Buyer, or (b) alleging facts that contradict Seller’s representations in this Agreement or any breach of any Seller covenants under this Agreement unrelated to a Legal Challenge. For the avoidance of doubt, “Legal Challenge” as used in this Section and in Section 11.4 does not include Claims arising from Seller's promise to sell the Property to parties other than Buyer, or Seller's breach of other Seller covenants or Seller representations under this Agreement unrelated to a Legal Challenge. 8.8 Condemnation. Seller has not been served with an action of condemnation or eminent domain proceedings and Seller has received no written notice that any such action is threatened against the Property. 8.9 Due Diligence Documents. As of the Effective Date, Seller has provided to Buyer complete and accurate copies of the Due Diligence Items listed in Exhibit C in Seller's possession or control, based on the commercially reasonable good faith review of Seller's records by the person named in Section 8.12 below as the party with “Seller's Knowledge.” 8.10 Environmental Laws. Seller has received no notice of any violation of any law relating to hazardous materials as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 USC $89601-9675); Resource Conservation and Recovery Act of 1976 (RCRA) (42 USC §§6901-6992k); or 11265.00002/3006410v2 9 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE any other pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (“Environmental Laws”) with respect to the Property or the presence or release of any of the foregoing on or from the Property in violation of any Environmental Laws except as may be disclosed in any environmental reports or assessments included in the Due Diligence Items. 8.11 Survival. The parties agree that: (i) Seller's warranties and representations contained in this Agreement and in any document executed by Seller pursuant to this Agreement shall survive Buyer’s purchase of the Property for twelve (12) months following the Closing Date, and any action for breach of any representation and warranty by Seller with respect to the Property shall be barred if not filed within such period of time (‘Limitation Period”); (ii) in no event shall Seller be liable to Buyer for any consequential, speculative or punitive damages based upon any breach of representation or warranty unless such breach also constitutes fraud; and (iii) no claim for breach of representation may be advanced against any party except Seller. To the extent applicable, the Limitation Period referred to herein shall apply to known as well as unknown breaches of such warranties or representations, and Buyer’s waiver and release set forth below shall apply to liabilities under such representations and warranties. Buyer specifically acknowledges that such limitation of liability represents a material element of the consideration to Seller. 8.12 Seller's Knowledge. For purposes of this Agreement “Seller's Knowledge” or words to similar effect, shall mean the actual knowledge, without duty of investigation, of David Jacobson. Except for the representations set forth above, no person acting on Seller's behalf is authorized to make any representation, warranty, guaranty or promise to Buyer concerning the Property, whether verbally or in writing. Buyer acknowledges that the designated person is not individually liable for matters within Sellers actual knowledge or for any other obligations or liabilities that may arise under this Agreement, but is merely the person whose current, actual knowledge is attributable to Seller. 8.13 Limitation on Liability of Seller. Notwithstanding anything to the contrary in this Agreement or any documents executed in connection herewith, and without limiting the foregoing or any other limitations elsewhere in this Agreement, Seller shall have no liability (and Buyer shall make no claim against Seller) for a breach of any of Seller's representations or warranties above or any document executed by Seller in connection with this Agreement unless (a) the valid claims for all such breaches collectively aggregate to more than Twenty-Five Thousand Dollars ($25,000), and (b) the liability of Seller for any post-Closing Claim by Buyer under this Agreement and other Closing documents does not exceed, in the aggregate, the amount of One Million Dollars ($1,000,000). In no event shall Buyer seek or obtain any recovery or judgment against any of Sellers other assets (if any) or personally against the partners, members, shareholders, trustee, officers, or employees of Seller. Except as described in Section 13 below, Buyer shall not seek or obtain any other damages of any kind, including, without limitation, consequential, speculative, indirect, or punitive damages, and Buyer hereby waives any right to any of these. This Section 8.13 shall survive Closing or any termination of this Agreement. 11265.00002/3006410v2 10 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 8.14 Change of Facts. If any change in condition or circumstances renders any of the foregoing warranties or representations of Seller inaccurate to the extent of causing a material impact on the Property between the date hereof and Closing, Seller shall deliver written notice to Buyer of such change immediately after Seller becomes aware of such change of facts and Buyer shall have a period of five (5) Business Days after such notice to accept such warranty or representation as changed or to terminate this Agreement within such five (5) Business Day period, by written notice to Seller. In the event of such termination the Escrow shall be canceled and the Parties shall thereafter be released from all obligations hereunder. Alternatively, Buyer may waive the effect of any such materially changed warranty or representation and close the purchase and sale of the Property. If Buyer does not timely provide written notice of termination within five (5) Business Days as provided above, then Buyer will be deemed to have irrevocably waived its right to provide such notice. 9. BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to Seller, as of the Effective Date and as of the Closing Date, as follows: 9.1 Buyer's Authority; Validity of Agreements. Buyer has full right, power, and authority to purchase and acquire the Property from Seller as provided in this Agreement and to carry out its obligations hereunder. The individual(s) executing this Agreement and the instruments referenced herein on behalf of Buyer has/have the legal power, right, and actual authority to bind Buyer to the terms hereof and thereof. This Agreement is, and all instruments, documents, and agreements to be executed and delivered by Buyer in connection with this Agreement shall be, duly authorized, executed, and delivered by Buyer and shall be valid, binding, and enforceable obligations of Buyer (except as enforcement may be limited by bankruptcy, insolvency, or similar laws) and do not, and as of Closing Date will not, violate any provision of any law, statute, ordinance, rule, regulation, agreement or judicial order to which Buyer is a party or to which Buyer is subject. 9.2 Survival. All of the representations, warranties, and agreements of Buyer set forth in this Agreement shall be true upon the Effective Date, shall be deemed to be repeated at and as of the Closing Date (except as otherwise set forth in writing to Seller) and shall survive the delivery of the Deed and Closing for a period of twelve (12) months. 10. SELLER’S COVENANTS. Between the Seller's execution of this Agreement and Closing: (a) Continuing Operations. Seller shall continue to maintain and operate the Property in the same manner as before the making of this Agreement. (b) New Lease. Seller shall not enter into any new leases, extend or renew any existing leases, modify or terminate any existing leases, or consent to any sublease or assignment of any existing leases, in each case without the prior written consent of Buyer, which Buyer shall not unreasonably withhold, condition, or delay. Buyer shall respond to any request for approval within five (5) Business Days after receipt of Seller’s request. 11265.00002/3006410v2 11 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE (c) New Contracts. Seller shall not enter into or materially modify any service contracts or other similar arrangements pertaining to the Property that would be binding on the Buyer or Property after Closing, without in each case obtaining the prior written consent of Buyer, which Buyer may grant or withhold in its sole discretion. Buyer shall respond to any request for approval within five (5) Business Days after receipt of Seller's request. (d) Insurance. Seller shall maintain all casualty, liability, and hazard insurance currently in force with respect to the Property. (e) No Transfer or Encumbrance. Seller shall not sell, mortgage, pledge, hypothecate or otherwise transfer or dispose of or encumber the Property or any interest therein or part thereof, nor shall Seller initiate, consent to, approve or otherwise take any action with respect to zoning or any other governmental rules or regulations applicable to the Property. 11. BUYER’S RESPONSIBILITY FOR ITS OWN INVESTIGATION. AS A MATERIAL INDUCEMENT TO SELLER TO ENTER INTO THIS AGREEMENT AND TO CONVEY THE PROPERTY TO BUYER, BUYER HEREBY ACKNOWLEDGES AND AGREES THAT: 11.1 ASIS. BUYER HEREBY ACKNOWLEDGES AND AGREES: (A) BUYER IS FAMILIAR WITH THIS TYPE OF PROPERTY AND HAS BEEN REPRESENTED BY COUNSEL THAT IS SOPHISTICATED IN REAL ESTATE MATTERS; (B) EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND/OR ANY DOCUMENT OR INSTRUMENT DELIVERED BY SELLER AT CLOSING (“EXPRESS REPRESENTATIONS’), NEITHER SELLER NOR ANY OF ITS AGENTS, REPRESENTATIVES, BROKERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OR EMPLOYEES OR ANY OTHER PARTY ACTING ON BEHALF OF SELLER HAS MADE OR WILL MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY; AND (C) THE PROPERTY IS BEING SOLD TO BUYER IN ITS PRESENT “AS IS” CONDITION SUBJECT TO THE EXPRESS REPRESENTATIONS. SUBJECT TO THE EXPRESS REPRESENTATIONS AND THE TERMS HEREOF, BUYER WILL BE AFFORDED THE OPPORTUNITY TO MAKE ANY AND ALL INSPECTIONS OF THE PROPERTY AND SUCH RELATED MATTERS AS BUYER MAY REASONABLY DESIRE AND, ACCORDINGLY, SUBJECT TO THE EXPRESS REPRESENTATIONS, BUYER WILL RELY SOLELY ON ITS OWN DUE DILIGENCE AND INVESTIGATIONS IN PURCHASING THE PROPERTY. 11.2 Buyer's Own Investigations. Buyer acknowledges that as of Closing, Buyer has been given a reasonable opportunity to inspect and investigate the Property, all improvements thereon and all aspects relating thereto, either independently or through agents of Buyer's choosing. Buyer further states that it is relying solely upon its own inspection and review of the Property and not upon any representations made to it by Seller or Seller's agents, except for the Express Representations. Without limiting the foregoing, Buyer further specifically agrees that Buyer's independent inspection and 11265.00002/300641 0v2 12 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE investigation as to the Property’s current condition shall include, without limitation (and Buyer expressly acknowledges that except for the Express Representations, no representation or warranty is being made or is being deemed made as to) (i) the quality, nature, habitability, merchantability, use, operation, value, marketability, adequacy or physical condition of the Property or any aspect or portion thereof, including, without limitation, soils, geology and groundwater, and whether the Real Property lies within a special flood hazard area, an area of potential flooding, a fire hazard area, or a seismic hazard zone, (ii) the dimensions or lot sizes of the Real Property, (iii) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or regulatory agency or authority or of any other person or entity, (iv) the presence or absence of hazardous substances on, in, under, above or about the Real Property or any adjoining or neighboring property, (v) the condition of title to the Property, (vi) any contracts or any other agreements affecting the Real Property or the intentions of any party with respect to the negotiation and/or execution of any contract with respect to the Property. 113 No Implied Warranties. Except with respect to the Express Representations, to the greatest extent permitted by applicable law Seller hereby specifically disclaims: (a) all warranties implied by law arising out of or with respect to the execution of this Agreement, any aspect or element of the Property, or the performance of Seller's obligations hereunder including, without limitation, all implied warranties of merchantability, habitability and/or fitness for a particular purpose; and (b) any warranty, guaranty or representation, oral or written, past, present or future, of, as to, or concerning (i) the nature and condition of the Property, including, without limitation, the water, soil, and geology, the suitability thereof for any or use which Buyer may elect to conduct thereon; (ii) the nature and extent of any title matter; or (iii) the compliance of the Property or other items conveyed hereunder or its operation with any applicable laws, ordinances, rules, requirements, resolutions, policy statements and regulations (including, without limitation, those relating to land use, subdivision, building code, handicap access, and hazardous materials) of any governmental agency with jurisdiction over the Property (‘Governmental Regulations”). The provisions of this Section 11.3 shall be effective upon Closing or upon the earlier termination of this Agreement. 11.4 Indemnification and Release. 11.4.1 Indemnification. Buyer hereby indemnifies and agrees to save, protect, defend (with counsel selected by Seller) and hold harmless Seller and its direct and indirect, current and future, partners, members, officers, directors, shareholders, fiduciaries, employees, licensees, contractors, agents, counsel, brokers, invitees, tenants, independent contractors, any lender and property manager (individually, each an “Seller Party” and collectively, “Seller Parties”) from and against any and all obligations, losses, injuries, damages, claims, causes of action, liens or encumbrances, costs, expenses, demands, liabilities, penalties and investigation costs, including reasonable attorneys' fees and costs (“Claims”) alleged, sought, filed or claimed by a third party that meet either of the following criteria: 11265 .00002/3006410v2 13 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 11.4.1.1 Claims that arise from or relate to Buyer’s acts or omissions in connection with (i) the negotiation, consideration of approval, or approval of this Agreement, (ii) the negotiation, consideration of approval, or approval of the Grant Agreement between Buyer and the County of Marin, (iii) the negotiation, consideration of approval, or approval of any other agreement related to the proposed use of the Property to shelter the unhoused, or (iv) the proposed development, use or entitlement of the Property. The foregoing shall include but not limited to Claims that allege a waste or gift of public funds by Buyer or a violation by Buyer of the California Environmental Quality Act, the planning and zoning laws of the State of California or the City, or the Brown Act (or any other similar law imposing requirements that a public agency hold open and public meetings or conduct business of the public agency openly and publicly); 11.4.1.2 Claims that arise from or relate to any occurrence on the Property at any time after Closing (whether or not legal proceedings are instituted or asserted against any of the Seller Parties, to the greatest extent permitted by applicable law, even if the Claim is caused by the negligence of a Seller Party). For the avoidance of doubt, and without limiting the generality of the foregoing, Campus Properties, Michael Hooper, Robert D. Upton, Park Place Partners, Inc., dba Land Advisors, and Steve Reilly are all Seller Parties. 11.4.2 Release. As a material part of the consideration of this Agreement but subject to the Express Representations, as of Closing, to the greatest extent permitted by applicable law, Buyer hereby fully and irrevocably releases Seller and the Seller Parties from any and all Claims that the Buyer may have or thereafter acquire against the Seller Parties arising from or related to any matter described in Sections 11.2 or 11.3 above (each and collectively, the “Released Claims”). This includes Released Claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist in its favor which, if known by Buyer, would materially affect Buyer's release of the Seller Parties. Released Claims shall also include any Claim brought by a private party or by a governmental authority under any Governmental Regulation and is intended to apply with respect to any Claim arising after Closing. Notwithstanding the foregoing, the releases, waivers, and other provisions in this Section 11.4.2 shall not apply to any Claims arising out of the willful misconduct or fraud of Seller (“Seller Excluded Matters”). In connection with the general release set forth above, Buyer specifically waives the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Buyer's Initials 11265.00002/3006410y2 14 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 11.5 Survival. The provisions of this Section 11 shall survive the Close of Escrow and shall not be deemed merged into any instrument or conveyance delivered at the Close of Escrow. 12. RISK OF LOSS. 12.1 Condemnation. If, prior to any Closing, all or any portion of the Property is taken by condemnation or eminent domain (or is the subject of a pending or contemplated taking which has not been consummated), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the right to terminate this Agreement upon written notice to Seller given within ten (10) days after receipt of such notice from Seller. If Buyer waives the right to terminate this Agreement and elects to proceed with Closing, then (a) Seller, at, and as a condition precedent to Buyer’s obligation to proceed with Closing, must: (i) pay to Buyer (or direct Escrow Agent to credit Buyer against the Purchase Price for) the amount of all awards for the taking (and any consideration for any transfer in lieu of taking) actually received by Seller, less the amount of any reasonable actual out-of-pocket costs incurred by Seller with regard to any taking; and (ii) assign to Buyer by written instrument reasonably satisfactory to Buyer all rights or claims to any future awards for the taking (and any consideration for any transfer in lieu of taking); and (b) the parties shall proceed to Closing pursuant to the terms hereof without further modification of the terms of this Agreement. 12.2 Casualty. Prior to Closing and notwithstanding the pendency of this Agreement, the entire risk of loss or damage by earthquake, hurricane, tornado, flood, landslide, fire, sinkhole, or other casualty shall be borne and assumed by Seller. If, prior to Closing, any portion of the Property is damaged as a result of any earthquake, hurricane, tornado, flood, sinkhole, landslide, fire, or other casualty, Seller shall immediately notify Buyer of such fact. Buyer shall then have the option to terminate this Agreement upon written notice to Seller given within ten (10) days after receipt of any such notice from Seller. If Buyer waives the right to terminate this Agreement and elects to proceed with Closing, then the parties shall proceed to Closing pursuant to the terms hereof without further modification of the terms of this Agreement and Seller shall assign to Buyer all insurance proceeds received by Seller prior to Closing, and the right to all such proceeds after Closing, less any reasonable actual out-of-pocket costs incurred by Seller in connection with such casualty. 13. | BUYER’S REMEDIES. In the event that Closing does not occur due to Seller's failure or refusal to convey the Property to Buyer in breach of Seller’s obligations under this Agreement, and if such failure continues for five (5) days after Buyer provides Seller and Escrow Agent with written notice thereof, and provided Buyer is not then in default, then Buyer may, as Buyer’s sole remedies for such failure, but without limiting Buyer's right to recover attorneys’ fees pursuant to Section 16 below, elect from the following remedies within thirty (30) days after the scheduled Closing Date: (a) waive the effect of such matter and proceed to consummate this transaction; (b) cancel this Agreement and receive a full refund of the Deposit; or (c) proceed with an action against Seller for specific performance. If Buyer does not make an affirmative election timely within such thirty (30) 11265.00002/3006410v2 15 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE day period, Buyer will be deemed to have elected option (a) above and to have irrevocably waived its right to pursue option (b) or (c). 14. SELLER’S REMEDIES. IF BUYER SHALL BREACH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR OTHERWISE FAIL TO PERFORM ANY OF BUYER'S OBLIGATIONS UNDER THIS AGREEMENT, THEN SELLER MAY WAIVE SUCH BREACH AND PROCEED TO CONSUMMATE THIS TRANSACTION IN ACCORDANCE WITH THE TERMS HEREOF, OR SELLER MAY CANCEL THIS AGREEMENT AND RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AS SELLER’S EXCLUSIVE REMEDY IF SELLER ELECTS TO CANCEL THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, (a) IF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT IS PROHIBITED, ENJOINED, OR OTHERWISE DELAYED BEYOND THE CLOSING DATE BY COURT ORDER, AND THE PARTIES DO NOT AGREE TO EXTEND THE CLOSING BEYOND THE CLOSING DATE IN THEIR RESPECTIVE SOLE DISCRETION, THE SELLER SHALL HAVE THE RIGHT, AS ITS SOLE REMEDY, TO TERMINATE THIS AGREEMENT AND IN SUCH EVENT SELLER SHALL RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES, AND (b) THIS SECTION 14 SHALL NOT LIMIT SELLER’S RIGHTS TO RECEIVE REIMBURSEMENT FOR ITS ATTORNEYS ' FEES IN AN ACTION TO ENFORCE THIS PROVISION OR AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NOR WAIVE OR AFFECT SELLER’S RIGHTS AND BUYER’S INDEMNITY OBLIGATIONS, OR SELLER’S RIGHTS UNDER OTHER SECTIONS OF THIS AGREEMENT WHICH SURVIVE TERMINATION OF THIS AGREEMENT (WHICH ARE NOT LIMITED BY THIS SECTION). 15. 1031 EXCHANGE. Upon the request of a party hereto (“Requesting Party”), the other party (“Cooperating Party”) shall cooperate with the Requesting Party in Closing the sale of the Property in accordance with this Agreement so as to qualify such transaction as an exchange of like-kind property; provided, however, the Cooperating Party shall not be required to take title to any exchange property and the Cooperating Party will not be required to agree to or assume any covenant, obligation or liability in connection therewith, Closing hereunder shall not be delayed as a result of, or conditioned upon, such exchange, the Requesting Party shall pay all costs associated with such exchange, and the Requesting Party shall remain primarily liable under this Agreement and indemnify the Cooperating Party from any liability in connection with such exchange. 16. ATTORNEY’S FEES. In the event that either party hereto brings an action or proceeding against the other party to enforce or interpret any of the covenants, conditions, agreements, or provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover all costs and expenses of such action or proceeding, including, without limitation, attorneys’ fees, charges, disbursements, and the fees and costs of expert witnesses. 17. WAIVER OF JURY TRIAL. The parties hereby waive their respective rights to trial by jury in any action or proceeding involving or arising out of this Agreement. 11265,00002/3006410v2 16 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 18. MISCELLANEOUS. (a) Notices. Any notice required or permitted to be given under this Agreement shall be in writing and (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by Federal Express or similar nationally recognized overnight courier service, or (iv) transmitted by electronic mail. Such notice shall be deemed to have been given upon the date of actual receipt or delivery (or refusal to accept delivery), as evidenced by the notifying party's receipt of written or electronic confirmation of such delivery or refusal, if received by the party to be notified between the hours of 8:00 A.M. and 5:00 P.M. Pacific time on any Business Day, with delivery made after such hours to be deemed received the following Business Day. For purposes of notice, the addresses of the parties shall be as follows: If to Buyer: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attention: City Attorney Email: andrea.visveshwara@cityofsanrafael.org With a copy to: Burke, Williams & Sorensen, LP 1999 Harrison Street, Suite 1650 Oakland, CA 94612 Attention: Lisa N. Maxwell Email: Imaxwell@bwslaw.com If to Seller: Ridgewood Properties Partnership LLC and Merrydale-Clayton LLC 454 Las Gallinas Avenue, Suite 355 San Rafael, CA 94903 Attention: David Jacobson Email: davidjacobson101@gmail.com With copies to: Michael R. Hooper Campus Properties, LLC 157 Madrone Ave, Larkspur, CA 94939 Email: mhooper@campusproperty.com 11265.00002/3006410v2 17 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE Steve Reilly Land Advisors Organization 156 Diablo Road, Suite 340 Danville, CA 94526 E-mail: SReilly@landadvisors.com Lubin Olson & Niewiadomski LLP The Transamerica Pyramid 600 Montgomery Street, 14th Floor San Francisco, California 94111 Attn: Robert Miller E-mail: rmiller@lubinolson.com or such other address as either party may from time to time specify in writing delivered to the other in accordance with this Section 18(a). (b) Brokers and Finders. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any licensed real estate broker or other person who can claim a right to a commission or finder's fee as a procuring cause of the sale contemplated herein, except for Cornish & Carey Commercial, dba Newmark (representing Buyer) whose commissions, if any are due, shall be the responsibility of Buyer pursuant to a separate agreement, and Park Place Partners, Inc., dba Land Advisors (representing Seller) whose commissions, if any are due, shall be the responsibility of Seller pursuant to a separate agreement. If any other broker or finder perfects a claim for a commission or finder's fee based upon any such contract, dealings or communication, the party through whom the broker or finder makes his claim shall be responsible for said commission or fee and all costs and expenses (including reasonable attorneys’ fees) incurred by the other party in defending against the same. The provisions of this Section 18(b) shall survive Closing. (c) Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and permitted assigns. Buyer shall not assign, transfer, or hypothecate its rights or delegate its obligations under this Agreement to any other individual or entity without first obtaining Seller's written consent thereto, not to be unreasonably withheld, provided that it shall not be unreasonable for Seller to withhold Seller’s consent if Buyer would not expressly remain obligated to Seller under this Agreement after such assignment. If Seller consents to an assignment by Buyer or if an assignment is permitted without consent under this Section 18(c), such assignment will not be effective against Seller until Buyer delivers to Seller a fully executed copy of the assignment instrument, which instrument must be reasonably satisfactory to Seller in both form and substance and pursuant to which the assignee (i) assumes and agrees to perform for the benefit of Seller the obligations of Buyer under this Agreement, (ii) acknowledges and agrees to be bound by all of the provisions, agreements, limitations and releases of this Agreement as if Assignee had originally signed this Agreement as Buyer, (iii) agrees to be bound by all investigations and elections made by Buyer under this Agreement as if they had been made by such assignee, and (iv) agrees to be 11265.00002/3006410v2 18 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE deemed for all purposes to possess the same information and knowledge with respect to the Property as is possessed by Buyer. No such assignment shall relieve the assignor from primary liability for its obligations hereunder. (dj Amendments. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. (e) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (f) Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire agreement between the parties with respect to the purchase and sale of the Property and supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof (other than agreements affording Buyer access to the Property prior to the Effective Date). (g) Business Day. As used herein, the term “Business Day” shall mean a day that is not a Saturday, Sunday, or legal holiday in the state of California. In the event that the date for the performance of any covenant or obligation under this Agreement, or delivery of any notice, shall fall on a Saturday, Sunday, or legal holiday under the laws of the State of California, the date for performance thereof shall be extended to the next Business Day. (h) Time of the Essence. Time is of the essence of this Agreement. (i) Construction. This Agreement has been negotiated by the parties who have had the opportunity to consult their respective counsel. This Agreement shall not be construed more strictly against one party hereto than against any other party hereto merely by virtue of the fact that it may have been prepared by counsel for one of the parties. The term “including” or “includes” or any other similar term or phrase of inclusion shall be deemed to be followed in each instance by the words “but not limited to,” so as to designate an example or examples of the described class and not to designate all members of that class (it being the intention of the parties that each hereby waives the benefits of Section 3534 of the California Civil Code). The term “sole discretion” or “sole election” shall mean the right to make a decision or election solely in the interest of the party making such decision or election, as such party may choose to make that judgment, for any reason or for no reason, and without regard to the interests of the other party. Neither party shall have any liability or obligation to the other for the manner in which it exercises its sole discretion, nor for the results thereof. (j) Exhibits. All exhibits are attached hereto and incorporated herein by this reference. (k) Headings. Headings at the beginning of any paragraph or section of this Agreement are solely for the convenience of the parties and are not a part of this Agreement or to be used in the interpretation hereof. 11265.00002/3006410v2 19 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE (I) Waiver. No waiver by Buyer or Seller of a breach of any of the terms, covenants, or conditions of this Agreement by the other party shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. No waiver of any default by Buyer or Seller hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by Buyer or Seller to or of any act by the other party requiring the consent or approval of the first party shall not be deemed to waive or render unnecessary such party's consent or approval to or of any subsequent similar acts by the other party. (m) Severability. If any phrase, clause, sentence, paragraph, section, article, or other portion of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law. (n) Counterparts. This Agreement may be executed in any number of counterparts, including electronic counterparts. each of which shall be deemed an original, and all of which counterparts together shall constitute one agreement. [Signature page(s) follows(s)] 11265.00002/3006410v2 20 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: Ridgewood Properties Partnership LLC, a California limited liability company DocuSigned by: Its: “Authorized Signatory | And Merrydale-Clayton LLC, a California limited liability company DocuSigned by: By: Francine M., (Layton . i VX Its: Authorized Signatory BUYER: City of San Rafael, a municipal corporation of the State of California By: Christine Alilovich, City Manager Approved as to form: By: Andrea Visveshwara, Chief Assistant City Attorney 11265.00002/3006410v2 S-1 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE ESCROW AGENT: The undersigned Escrow Agent hereby accepts the foregoing Purchase and Sale Agreement and Joint Escrow Instructions, agrees to act as Escrow Agent under this Agreement in strict accordance with its terms, and agrees to comply with the applicable provisions of the Internal Revenue Code with respect to the transactions contemplated hereby. FIRST AMERICAN TITLE INSURANCE COMPANY By Its 11265.00002/3006410v2 S-2 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE LIST OF EXHIBITS EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” SELLER ASSIGNMENT EXHIBIT “C” DUE DILIGENCE ITEMS 11265.00002/3006410v2 Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE EXHIBIT “A” DESCRIPTION OF THE PROPERTY Real property in the City of San Rafael, County of Marin, State of California, described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 11265.00002/3006410v2 Exhibit A Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE EXHIBIT B SELLER ASSIGNMENT This Seller Assignment (“Assignment”) is made and entered into as of this__—s day of , 2025 (“Assignment Date”), by and between Ridgewood Properties Partnership LLC, a California limited liability company, and Merrydale-Clayton LLC, a California limited liability company (“Assignor”), and the City of San Rafael, a municipal corporation of the State of California (“Assignee”), collectively referred to herein as the “Parties,” with reference to the following facts. RECITALS A. Assignor, as seller, and Assignee, as buyer, are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated , 2025 (“Purchase Agreement”), with respect to the purchase and sale of the Property (as defined in the Purchase Agreement). B. Assignee has agreed to purchase the Property from Assignor on the terms and conditions set forth in the Purchase Agreement. In consideration of said purchase by Assignee, Assignor has agreed to assign to Assignee on a non-exclusive basis, in common with Assignor, the intangible property and personal property, as hereinafter defined. Cc. Any capitalized terms not defined herein shall have the meaning set forth for them in the Purchase Agreement. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows: 1. Assignor hereby assigns and transfers to Assignee all right, title and interest of Assignor in and to all of Assignor's right, title, and interest in and to that certain intangible property and personal property owned by Assignor or used by Assignor exclusively in connection with all or any portion of the Real Property, to the extent freely assignable (“Intangible Property”). 2. Assignee acknowledges and agrees, by its acceptance hereof, that the assigned items are conveyed “as is, where is” and in their present condition with all faults, and that Assignor has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the nature, quality or condition of the Intangible Property. 3. This Assignment shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California applicable to agreements made and to be performed wholly within the State of California. 11265.00002/3006410v2 Exhibit B Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 4. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11265.00002/3006410v2 Exhibit B Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE IN WITNESS WHEREOF, the Parties hereto have executed this Assignment as of the Assignment Date. ASSIGNOR: Ridgewood Properties Partnership LLC, a California limited liability company By: Its: And Merrydale-Clayton LLC, a California limited liability company By: Its: ASSIGNEE: City of San Rafael, a municipal corporation of the State of California By: Christine Alilovich, City Manager 11265.00002/30064 10v2 Exhibit B Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE Exhibit C Due Diligence Items Documents can be found by the following link: https://landadvisors.sharefile.com/share/view/sb9ab 1 171009444 9cbdfae3dd2693a75f/fo0be5e9- d140-4967-9a24-7725789ad260 Main folders shown in bold underscore; sub-folders in underscore. A. Current Offering Materials MERRYDALE _ OM Final 5.24.24 reduced.pdf B. Approval Documents Affordable Housing (empty) City Council Ordinances 2020_02_03 Ordinance 1979.pdf Resolutions 2021_07_19 CC Resolution 14947 (Request for Modification of Affordable Housing Require.pdf 2020_02_03 Resolution No. 14762 CEQA Mits.pdf 2020_02_03 Resolution No. 14763 Findings and Conditions of Approval.pdf Staff Reports APPROVED-PC-Minutes-2022-06-28.pdf 2019 12_10 Highlighted 350 merrydale -staff report and Exhibits.pdf 2021_07_19 CC-SA-Agenda-Packet-2021-07-19r.pdf 2022 06 28 350-Merrydale-Staff-Report_Final.pdf MMRP (empty) Project Plans Architectural Plans 2020_02_03 Approved Architectural Plans 09-19-19.pdf Landscape Plans 2020_02 03 Approved Landscape Plans_2019.11.22.pdf Tentative Map 2020_02 03 Stamped Approved TM.pdf Public Notices (empty) 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE C. Demo Plans 350 Merrydale Road_Demolition Plans_2023-01-30.pdf D. Final Map 1. 350 Merrydale Road_Final Map 2023.11.13.pdf E. Environmental Possible UST Locations.pdf 3R's UST Record.pdf 350 Merrydale Phase 1 .pdf 2018 06 20 350 Merrydale Road UST search.pdf 2024 09 06 350 Merrydale Road SMP.pdf 7613.FINAL.350MerrydaleRoad.SanRafael.PreDemo.HazMat.Report.pdf Engeo 2018-11-05_Subsurface Exploration_3Rs School Site.pdf Engeo Potential Tank Report 8-10-22_350 Merrydale Road .pdf F. CEQA 2019 _11_06 350-Merrydale-Notice-of-Completion.pdf 2019 11 07 350-Merrydale-Initial-Study.pdf 2020_02 20 350 Merrydale NOD.pdf G. Title 2022 04 22 ALTA SIGNED.pdf Preliminary Title Report (empty) H. Improvement Plans Joint Trench 350 Merrydale Rd JT 07-20-23-SHT1-3.pdf 16993HAL-R8.pdf RDG Merrydale Landscape CDs REV_11.15.2023 LightingLayout..pdf Offsite Improvements 3. 350 Merrydal Road_Off-site Improvements Bond Estimate_2023-11-02.pdf Onsite Improvements 4. 350 Merrydal Road_On-site Erosion Control Bond Estimate_2023-11-02.pdf 1. 350 Merrydale Road 3rd Submittal Improvement Plans_2023-11-02.pdf 2. 350 Merrydale Road Hydrology & Hydraulics Report_2023-11-02.pdf Rough Grading 350 Merrydale Road APPROVED Grading Plans_2023-05-12.pdf I. Property Taxes (empty) 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE J. Fees 2023_07_21 350 Merrydale - Fee Analysis (2023-0721).xlsx K. Offsite Outfall Inspection Record .pdf 2021_07_15 Approved Outfall Reviewed - Plans.pdf 2021_08_20 FINAL permit sign off OUTFALL.pdf Building Permit.pdf BUILDINGPERMITPOSTINGONLINERED.pdf Resource Agencies 2021_05-09 RWQCB 870165_MarinCo_NOA_350MerrydaleRdProject.pdf 2020_10_02 Monk Complete.Notice of Applicability Application Package.350 Merrydale.110220 2.pdf 2020_10_30 ACE SPN-2020-00021_ Preliminary JD letter_signed.pdf 2021_02_08 EPIMS-MAN-14425-R3_ OPLAW.pdf L. Landscape Plans RDG_350Merrydale_Landscape CDs_11.06.2023.pdf M. Utility Providers Las Gallinas Valley Sanitary District (LGVSD) 2023_10_05 LGVSD 350 Merrydale Rd Will Serve Letter for signature.pdf Marin Municipal Water 2022_02_09 MMWD PEA package 350 Merrydale Rd - SR.pdf 2019 11_19RDG _350MerrydaleRd_Landscape.pdf 2021_09 07 RDG_350Merrydale_ MMWD Landscape CDs.pdf 2021_09_ 09 MMWD-Landscape Plan Review Packet_Filled 9.9.2021.pdf 2021 09 10 RDG_350Merrydale MMWD Landscape CDs.pdf 2021_10_08 MMWD Cost estimate - 350 Merrydale Rd - SR.pdf 2021_11_09 MMWD Landscape Compliance letter.pdf N. Technical Reports Biologic 2018_03_28 350 Merrydale Biological Constraints Report Final.pdf 2028_03_28 350 Merrydale Biological Constraints Report Final. paf (duplicate of above) Geotechnical 2022_08_10 Engeo Potential Tank Report 350 Merrydale Road .pdf 2018_08_18 Engeo Geotech Prelim Site Assessment.pdf 2018_11_05 Engeo Subsurface Exploration_3Rs School Site.pdf Hydrology 2019 04 19 Hydrology Analysis Memorandum.pdf 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE Natural Hazards 2021_11_09 NHD 4_LandReport_2956607.pdf Noise 2018 11 01 Noise Report.pdf Traffic 2019_06_18 350 Merrydale TIS.pdf Tree Survey Trees in SW corner.png Tree Inventory 350 Merrydale 6 7 19 rev 11 .3 19.xlsx Tree Removal plan 4_19.pdf Tree update 3 5 21.pdf O. Construction Drawings APPROVED - Plan Set.pdf (2).pdf APPROVED - Structural Calcualtions (Mai (1).pdf P. New Due Diligence Items ADU JADU Raffi Bolyan ADUs email 3_10_20.pdf DEMO 350 Merrydale Road_Demolition Plans_2024-07-3 1 .pdf Historic Permit Plans 1990 Permit Plans Al - A4 350 Merrydale 1.pdf 2010 Permit Plans Sheets Al and A2 350 Merrydale 2.pdf 2010_03_09 350 MD As-Built.pdf 2012 04 02 M.rin Ventures Building Permit Sheets Al.pdf LGVSD 2019 08 22 BKF350 Merrydale Road Conceptual Sewer Design Options.pdf 2020_01_13 Existing Plumbibng Fixture Count.pdf 2020_09_11 Hazen Report .pdf 2020 09 25 FINAL LGVSD Prelim Approval.pdf 2023 10 05 LGVSD 350 Merrydale Rd Will Serve Letter for signature.pdf 2024 09 26 LGVSD signed 350 Merrydale Rd Will Serve Letter - Revised 09-19- 2024 for signature.pdf Merrydale-Plumbing-Fixture-Count.xlsx Preliminary Sewer Calculations _2021-01-29.pdf 10/2/2025 LGVSD Board Meeting Agenda and attachments 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 11/5/2025 Letter from LGVSD regarding Notice of Nonpayment and Demand for Payment of Outstanding Connection Fees or Will-Serve Letter, dated September 26, 2024 MMWD 2019 01_08 MMWD Water Availability ltr 3833 Redwood Hwy.pdf 2021_05_19 MMWD Pipeline Ext Agmt App 5_19 21.pdf 2021_11_09 MMWD Landscape Compliance letter.pdf 2022_02_01Updated PEA - 350 Merrydale Rd - SR Merrydale Townhomes 2022-08- 24.pdf 2024 06 00 Approved Updated PEA - 350 Merrydale Rd - SR Merrydale Townhomes 2024-06-11 .pdf Pipeline_Extension_Procedures_03-06-19 HIGHLIGHTED.pdf PG&E 350 Merrydale. Application for Service.pdf FYI; PG&E Confirmation of Application for Project Number_ P000120294.rtf PROPERTY TAXES Merrydale Prop Taxes 2025 -26 10_25.pdf Resolutions 2021_07_19 CC Resolution 14947 Modification of Affordable Housing Requirement.pdf 2022_06_28 PC Resolution No 22-12 Time Extension.pdf 2024 08 27 PC Signed Resolution 24-04.pdf RESOURCE AGENCIES 2020_10_02 Monk Complete Notice of Applicability Application Package.350 Merrydale.110220 2.pdf 2020_10_30 ACE SPN-2020-00021_Preliminary JD letter_signed.pdf 2021_02_08 EPIMS-MAN-14425-R3_OPLAW.pdf 2021_05-19 RWQCB 870165_MarinCo_NOA_350MerrydaleRdProject.pdf ROUGH GRADING PLANS 2024 09 17 Engeo Surcharge letter.pdf 2024_11_14 Approved G2304-001_Update.pdf 2024 _11_14 Grading Reviewed - Revised Plans Approved.pdf Staff Reports 2024 08 27 PC Staff-Report_Exhibits_08-27-2024-compressed.pdf SUBDIVISION IMPROVEMENT AGREEMENT 2023_11_00 Subdivision Improvement Agreement San Rafael.doc SURVEY 1 1265.00002/3006410v2 Exhibit C Docusign Envelope ID: 46473675-DE48-4DB2-8E9E-FD97B70176BE 2025 01 30 XB 007 SOUTH PROPERTY LINE EXISTING UTILITIES_2025-01- 30.pdf SWPPP 2023 02 24 3196-000 SWPPP -45 units pdf pdf TECHNICAL REPORTS 350 Merrydale Value Engineering _20221223.pdf Title 2025 05 01 350 Merrydale Preliminary Report - CA.PDF TREES 2023-02-06 Gurka Arborist report 2 6 23.docx Tree Inventory 350 Merrydale 6 7 19 rev 11 5 19.xlsx Trees in SW corner.png INSURANCE Insurance loss run report for the Property for the last 5 years 11265.00002/3006410v2 Exhibit C Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 NEWMARK BUYER REPRESENTATION AGREEMENT On this day of November 2025 (the “Effective Date”), the City of San Rafael, a municipal corporation of the State of California (“Client”), hereby appoints Cornish & Carey Commercial, a California corporation doing business as Newmark (“Newmark”), as Client's exclusive real estate broker and representative with the exclusive right to represent Client in its effort to locate and purchase real property, subject to the terms and conditions contained in this Buyer Representation Agreement (this “Agreement’). 1. TERM. The term of this Agreement (the “Term”), and the exclusive agency created hereby shall commence on the Effective Date and shall expire at 11:59 p.m. on the date that is six (6) months thereafter, unless the Term has been extended for a period not to exceed six (6) months in a writing signed by Client and Newmark (each, a “Party” and, jointly, the “Parties”). 2. PROPERTY REQUIREMENTS. Client shall specify in writing (including in an exchange of emails with Newmark) the attributes of each property Client desires to purchase (each, a “Property), including the specific location of the Property or the general area in which it is located, the desired purchase price, the size and other physical attributes desired by Client, the intended use of the Property, and any other information that Client deems to be material to its purchase of the Property. Client may change such requirements at any time by providing Newmark with written notice thereof, including via email. Client and Newmark acknowledge that as of the Effective Date, Client is seeking commercial and/or residential property of an approximate minimum 0.50 acres in size, located in the City of San Rafael and/or unincorporated areas of San Rafael. 3. NEWMARK’S COMPENSATION NOTICE: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. A. The provisions of the following Paragraphs A and B shall be inapplicable if the owner of the Property (“Owner”) or Owner's real estate broker agrees or has agreed to pay a real estate commission to Newmark that is acceptable to Newmark in its sole and absolute discretion. If Owner or its real estate broker agrees or has agreed to pay Newmark a real estate commission that is not acceptable to Newmark, the amount actually paid shall be credited against the amount to be paid by Client under Paragraph B below; provided that in such circumstance, Newmark will provide written notice to Client of its commission arrangement with Owner and Client will approve same as a condition to Client’s obligation to pay the balance of the Commission (as defined below). B. In consideration of this Agreement and Newmark’s agreement to diligently pursue the procurement of a Property, and subject to Paragraph 3.B below, Client agrees to pay Newmark a real estate commission (the “Commission”) in cash, equal to three percent (3.0%) of the gross purchase price of the Property. The Commission shall be paid to Newmark from and at the close of the escrow opened to facilitate the purchase of the Property or, if no escrow is opened, upon the transfer to Client of title to the Property, as evidenced by recordation of a deed. C. Client shall pay the Commission if, during the Term (1) the Property or any part thereof is purchased by Client and the related escrow closes as evidenced by recordation of a deed; (2) Client enters into a contract for the purchase of the Property, and that purchase is completed through the closure of the related escrow by recordation of a deed within one hundred eighty (180) days after the expiration of the Term. ] 4923-8986-0955 v3 Client's Initials: Page 1 of 9 Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 4. NEWMARK’S REPRESENTATIONS, SERVICES, AND AUTHORITY A. Newmark represents that it is licensed as a real estate broker in the State of California under license number 00832933. Newmark shall assign Joe McCallum and Haden Ongaro, whose California real estate license numbers are 02048815 and 00916960, respectively, to act on Newmark’s behalf in the performance of its services under this Agreement (the “Services”). B. Client hereby authorizes Newmark to locate a Property acceptable to Client in its sole and absolute discretion and, with Client's written approval, to negotiate for the purchase of the Property, but not to commit Client to such a purchase or to sign any instrument on behalf of Client. Further, during any such negotiations, Newmark shall consult with Client regarding the terms and conditions of such potential purchase. Cc. Client hereby authorizes Newmark to publicize any transactions that occur under this Agreement. Newmark shall have the right to name the parties to the transaction and the character and location of the Property, but not the financial aspects of the transaction. D. The Parties acknowledge and agree that this Agreement is no more than a mere authority to pursue the purchase of Property, and to draft and solicit proposals and offers for the purchase of the Property, which are to be submitted to Client for its acceptance or rejection. Newmark is an independent entity and not the general agent of Client. Newmark has no authority to enter into any agreement with any person or entity in the name of or on behalf of Client and has no authority by virtue of this Agreement to bind or subject Client to any obligations or liabilities whatsoever. Client has the absolute right (in its sole and absolute discretion) in all events to approve or to disapprove the form, substance, and content of any and all proposals, agreements and contracts. Client reserves the right to adjust the terms and conditions of any purchase offer, including, but not limited to, the right to adjust the purchase price offered for the Property upward or downward from time to time, the right to withdraw from negotiations or decline to enter into any agreement or contract, for any reason or for no reason whatsoever, and the right to modify the closing date, at any time and without liability or obligation to Newmark or any other broker, agent or finder. In response to any inquiry regarding Newmark's authority, Newmark shall expressly inform each prospective Owner or other party of Newmark's inability to bind Client. Newmark shall not represent that it is acting for Client in any capacity other than as Client's real estate broker. 5. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions appear in the attached Exhibit A. CLIENT: NEWMARK: City of San Rafael, a municipal corporation of Cornish & Carey Commercial, the State of California a California corporation DocuSigned by: By: By: dow Teak Cristine Alilovich on Mackey Its: City Manager Its: Division Manager Date: Date: 19/10/2025 | 3:50 PM PDT ] e 4923-8986-0955 v3 Client's Initials: Page 2 of 9 Docusign Envelope ID: 4C78BEAD-E1B7-451 C-99D2-CB0974F54AE5 EXHIBIT A Additional Terms and Conditions 6. CLIENT’S OBLIGATIONS. Client shall cooperate with Newmark in its efforts to purchase the Property and shall promptly refer to Newmark any inquiries or offers received by Client regarding its potential purchase of the Property. 7. DISCLAIMERS AND ADMONITIONS A. Client acknowledges that Newmark has not made an independent investigation or determination of the physical or environmental condition or adequacy of the Property, including, but not limited to, the size or value of the Property, the existence or nonexistence of any underground tanks, sumps, piping, toxic or hazardous substances on the Property. Client agrees that it will rely solely upon its own investigation and/or the investigation of professionals retained by Client, at Client’s sole expense, and Client shall not rely upon Newmark to determine the physical and environmental condition of the Property. B. The Americans with Disabilities Act is intended to make many business establishments equally accessible to persons with a variety of disabilities; modifications to real property may be required. State and local laws also may mandate changes. Newmark is not qualified to advise Client as to what, if any, changes may be required now, or in the future. Client should consult Client’s attorneys and qualified design professionals of Clients choice for information regarding these matters. Real estate brokers cannot determine which attorneys or design professionals have the appropriate expertise in this area. C. Various construction materials may contain items that have been or may in the future be determined to be hazardous (toxic) or undesirable and may need to be specifically treated/handled or removed. For example, some transformers and other electrical components contain PCBs, and asbestos has been used in components such as fire-proofing, heating and cooling systems, air duct insulation, spray-on and tile acoustical materials, linoleum, floor tiles, roofing, drywall and plaster. Due to prior or current uses of the Property or in the area, that Property may have hazardous or undesirable metals (including lead- based paint), minerals, chemicals, hydrocarbons, or biological hazards (including, but not limited to, mold) or radioactive items (including electrical and magnetic fields) in soils, water, building components, above or below-ground containers or elsewhere in areas that may or may not be accessible or noticeable. Such items may leak or otherwise be repurchased. Real estate licensees have no expertise in the detection or correction of hazardous or undesirable items. Expert inspections are necessary. Current or future laws may require clean up by past, present and/or future owners and/or operators. It is the responsibility of Client to select and retain qualified experts to detect and correct such matters and to consult with legal counsel of Client’s choice to determine what provisions, if any, Client may include in transaction documents regarding the Property Client intends to purchase. D. Neither Newmark nor any person associated with Newmark is qualified or authorized to give legal or tax Client’s Initials: advice, or to determine if Client requires such advice. Client should consult with Client's attorney and/or accountant regarding this matter. Client hereby acknowledges being advised by Newmark that any and all documents to be used in connection with any transaction should be reviewed and approved by Client’s attorney prior to being signed by Client. Real estate transactions can have local, state, and federal tax consequences for the seller and/or buyer. 8. INSURANCE. During the Term, Newmark shall arrange for, carry, and maintain at its own expense the following insurance coverages: A. Workers’ Compensation, so as to provide statutory benefits as required by the laws of the State of California, and Employer's Liability insurance with limits of liability of no less than $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit covering all employees of Newmark engaged in the performance of its services under this Agreement. B. Professional Liability insurance with a limit of liability of not less than $1,000,000 each claim and $1,000,000 aggregate. C. Commercial General Liability insurance which shall: (i) be occurrence-based; (ii) provide limits of liability in an amount not less than $1,000,000 each occurrence and $1,000,000 aggregate (including excess and/or umbrella limits), (iii) include at least those coverages generally included in the most current ISO Commercial General Liability insurance policy form (or its equivalent); and (iv) include Client as an additional insured solely with regard to claims arising out of this Agreement. D. Commercial automobile liability for owned, hired and non-owned motor vehicles in an amount of $1,000,000 combined single limit. 9. RELEASE AND INDEMNIFICATION A. Client releases Newmark of and from any and all losses, claims, causes of action, liabilities and damages (“collectively, “Claim”) arising out of or connected with the physical or environmental condition, size or value of the Property, conditions of title, zoning, accuracy or completeness of reports, or permitted uses, except to the extent a Claim arises out the gross negligence or intentional misconduct of Newmark . B. Newmark shall defend, indemnify, and hold Client harmless from and against any and all losses, claims, causes of action, liabilities and damages (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in connection with (a) any misrepresentations made by Newmark in connection with the Property or the potential transaction involving Client, unless the same was based solely on information provided by Client or its authorized agents or approved in writing by Client for dissemination to third parties, (b) any negligence or willful misconduct of Newmark, or its agents, employees or representatives, 4923-8986-0955 v3 Page 3 of 9 Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 and/or (c) any breach of Newmark’s obligations under this Agreement. 10. LIABILITY. The liability of the Parties caused by a breach of this Agreement shall be limited to direct damages, and in no event will either Party be liable to the other for any loss of or damage to revenues, profits, goodwill or other special, incidental, exemplary, punitive, indirect, or consequential damages of any kind resulting from the performance or failure to perform pursuant to the terms of this Agreement or from the provision of services hereunder, even if such Party has been advised of the possibility of such damages. In no event shall the total liability of Newmark to Client in connection with all claims made under the terms of this Agreement exceed the greater of (a) the amount of the Commission under this Agreement, or (b) available limits of the applicable insurance policy or policies Newmark is required to maintain under the terms of this Agreement. 11. REAL ESTATE AGENCY DISCLOSURE AND ACKNOWLEDGMENT. Owner acknowledges having received, read, and signed the “Disclosure Regarding Real Estate Agency Relationships” that is attached hereto as Exhibit B. Client acknowledges that as of the date of this Agreement, Newmark is acting the real estate broker for Client exclusively, and Joe McCallum and Haden Ongaro are acting the real estate agents for Client exclusively. Newmark shall not act as the dual agent in any transaction under this Agreement without first obtaining Client’s written consent, which Client may grant, withhold, or condition in its sole and absolute discretion. 12. NOTICES. Notices under this Agreement shall be in writing and shall be deemed to have been fully given and received when delivered by e-mail, facsimile, or by hand, sent by nationally recognized overnight courier, or sent by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the respective Party at the following addresses: If to Client: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attn: Andrea Visveshwara, Chief Assistant City Attorney Newmark 1101 Fifth Avenue, Suite 370 San Rafael, CA 94901 Attn: Joe McCallum and Haden Ongaro If to Newmark: With a copy to: Newmark 18401 Von Karman Avenue, Suite 150 Irvine, CA 92612 Attn: Legal Department 13. COSTS AND ATTORNEYS’ FEES. In the event any claim or controversy arises out of this Agreement, the prevailing Party in any legal proceeding brought to resolve that claim or controversy shail be entitled to its costs, litigation expenses, and reasonable attorneys’ fees from the non-prevailing Party. Client’s Initials: 14. INTEREST. In the event of any failure to pay to Newmark any amount due hereunder as and when the same becomes due and owing, the unpaid amount shall accrue interest from the date the same becomes due and owing at the rate of five (5%) per annum. 15. NON-DISCRIMINATION. Newmark shall perform its services without regard to race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. A request to observe discriminatory practices in the sale, exchange, or option of property will not be granted. 16. AMENDMENTS AND - MODIFICATIONS. No amendments to or modifications of this Agreement shall be valid or binding unless made in writing and signed by both Client and an officer of Newmark. Client hereby acknowledges that salespersons affiliated with Newmark are not authorized to make or approve any additions to, deletions from, or alterations of the printed provisions of this Agreement, nor are they authorized to terminate this Agreement. 17. SUCCESSORS AND ASSIGNS. The respective heirs, transferees, successors and assigns of the Parties are duly bound by the provisions hereof. 18. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles, and shall be resolved in a court proceeding within the State of California. 19. COMPLIANCE WITH LAWS. Each Party shall comply with all laws and regulations of the State of California and of the United States of America in the course of performing under this Agreement. 20. SEVERABILITY. If any court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 21. TITLES AND CAPTIONS. Titles or captions contained in this Agreement are inserted as a matter of convenience and in no way define, limit, extend, or describe the scope of this Agreement or any provision hereof. 22. NO THIRD-PARTY BENEFICIARIES. Nothing in this Agreement is intended to, nor shall it be deemed or construed to create any rights or remedies in any third party. The Parties acknowledge and agree that there are no third- party beneficiaries to this Agreement. 23. INDEPENDENT CONTRACTORS. The Parties are independent contractors, and no general agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither Party shall have the power to obligate or bind the other Party. 24. WAIVERS. A waiver of any right under any provision of this Agreement by either Party shall be valid only if such 4923-8986-0955 v3 Page 4 of 9 Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 waiver is in writing and signed by the Party to be charged. No waiver of any right under any provision of this Agreement on any occasion shall be a waiver of any other right or under any other provision or on any other occasion. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. 25. INTERPRETATION. No provision in this Agreement is to be interpreted for or against either Party because that Party or that Party’s legal representative drafted such provision. 26. COUNTERPARTS. This Agreement may be executed electronically and in one or more counterparts, each of Client's Initials: which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. 27. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written communications with respect hereto, all of which are merged in this Agreement. Neither Party is relying on any warranties, representations, assurances, or inducements not expressly set forth in this Agreement. 28. ACKNOWLEDGEMENT. Client acknowledges having read and understood this Agreement, including the terms and conditions contained in this Exhibit A. 4923-8986-0955 v3 Page 5 of 9 Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 EXHIBIT B DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (As required by the Civil Code) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER’S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER’S AGENT A Buyer's agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. This includes a Buyer's agent under a buyer-broker representation agreement with the Buyer. In these situations, the agent is not the Sellers agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered. SELLER AND BUYER RESPONSIBILITIES Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth below. Read it carefully. City of San Rafael, Cornish & Carey Commercial, a municipal corporation of the State of California a California corporation [x] Buyer [] Seller Brokerage Firm (date) By: (Signature) (date) (Signature) (date) Salesperson or Broker Associate CALIFORNIA CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (Section 2079.16 appears in the form above) 2079.13. (a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Sellers agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (1) “Single-family residential property” or “single-family residential real property” means any of the following: (1) Real property improved with one to four dwelling units, including a leasehold exceeding one year’s duration. (2) A unit in a residential stock cooperative, condominium, or planned unit development. (3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code. (m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real Property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (0) "Buyer's agent” means an agent who represents a buyer in a real property transaction. (p) “buyer-broker representation agreement” means a written contract between a buyer of real property and a buyer’s agent by which the buyer's agent has been authorized by the buyer to provide services set forth in subdivision (a) of Section 10131 of the Business and Professions Code for or on behalf of the buyer for which a real estate license is required pursuant to the terms of the contract. 2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows: (1) The seller's agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement. (2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of a buyer-broker representation agreement and execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer. (b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.17 (a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form: DO NOT SIGN THIS SECTION — EXAMPLE ONLY is the broker of (check one): O the seller; or (Name of Seller's Brokerage firm, and license number) O both the buyer and seller (dual agent). is the agent of (check one): U the Seller's Agent (salesperson and broker associate) Name of Seller's Agent and license number 口 the Buyer's and Seller Agent (dual agent). is the broker of (check one): C the buyer; or (Name of Buyer's Brokerage firm, and license number) 口 both the buyer and seller (dual agent). is the agent of (check one): O the Buyer's Agent (salesperson and broker associate) Name of Buyer's Agent and license number O both the Buyer's and Seller Agent (dual agent). (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. Docusign Envelope ID: 4C78BEAD-E1B7-451C-99D2-CB0974F54AE5 2079.18. The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.19. Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21. (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22. Nothing in this article precludes a sellers agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23. (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable. 2079.24. Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. 2079.25. The provisions of subdivision (d) of Section 1102.1 shall apply to this article. = = ae ¡ = = a E Lo =| = = ae ¡ = = a E Lo =| Outlook Re: 350 merrydale project From molly blauvelt > Date Tue 11/4/2025 10:00 AM To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hello and nice to meet you, Nguyen. Thanks for your kind reply. I do not plan to be at 11/6 meeting, but definitely at the 11/17 City hall meeting, where I definitely plan to speak up on behalf of our unhoused neighbors and this terrific tiny homes plan! My friend, Micheal Hooper, also asked me to come to the city hall meeting. I have worked with him before on another project and know him personally a little bit; he's a good guy. But he told me some disturbing info about the local Las Gallinas sanitary district and how they intend to blockage the project and that all their deferred maintenance at the site and in that neighborhood will now prove extra disastrous and expensive !?! Does the public know abut this? Will this info be shared at the City Hall meeting? The neighbors should know! Molly Blauvelt On Nov 3, 2025, at 5:43 PM, Nguyen Pham < Nguyen.Pham@cityofsanrafael.org > wrote: Good evening, Molly! My name is Nguyen, and I work at the City's Community Services Division. Nice to e-meet you! I truly appreciate your compassion and understanding of how important it is to create a safe and dignified place for our unhoused neighbors to transition toward permanent housing. Here is the link to the project page: httRs://www.citv.ofsanraf ael.org/interim-shelter-site-at-350-merrv.dale-road/. It includes background information, the FAQ, past webinars, and details about the upcoming November 6 Open House public engagement 11 /10/25 , 10:16 AM Supportive of Interim Shelter Project -Ng uyen Pham -Outlook event (this Thursday). We also encourage you to attend the City Council meeting on November 17, when the project will be considered. You can find the Council meeting schedule and future agendas here:b.ttPs://www,cjtyofsanrafaeLorg/cjty-coyncil-meetjng~. If you would like to publicly share your support, you can provide written or verbal comments 12rior to or during the Council meeting. Instructions for submitting public comments are available at:b,ttps://www,cjtv.ofsanrafaeLorgfgY.i.d.e:public-meetjng~. Your voice makes a real difference in helping our community move forward with compassion and practical solutions. Thank you again for standing with us in support of this effort. Nguyen Pham, MPA (he/him) City of San Rafael From: Molly Blauvelt Sent : Monday, November 3, 2025 8:47 AM To : End Homelessness <endhomelessness@cityofsanrafael.org> Subject: 350 merrydale project I am so hopeful about this project! I have driven by the site and read as much as possible about the project. I understand well, as a resident of Bret Harte who lives next to the campers on Anderson and Mahon creek, the need for this next step and i completely support this tiny homes project. The City's partnership with the County on this essential project is also great to hear about. Best of luck!! Molly Mollv Blauvelt https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4Mj UyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 2/2 Outlook Project at 350 Merrydale From S. L. > Date Mon 11/3/2025 5:04 PM To End Homelessness <endhomelessness@cityofsanrafael.org> I support this project. Please do whatever you can to increase housing. I don't care if it's massive apartments or smaller projects like this. Do it all. We need it. Scotty 11/10/25 , 1:25 PM Supportive of Interim Sh elt er Project -Nguyen Pham -Outlook Outlook <In full support>350 Merrydale Interim Shelter From Ryan Date Thu 10/30/202 5 4:48 PM To End Ho mel ess ness <endh o m elessness@c ityofsanrafae l.o rg > Hello, I wanted to write in my message of heartfelt and full support of the interim shelter at 350 Merryda le in San Rafael. Please build it and build it fast! Also , consider engaging MarinHealth o r Kaise r to help sponsor. And thank goodness! This site has been vacant for years , what a waste ! All this time, we cou ld have put this site to good use but it's been nothing, for no one . And the trash on the st reet is an eye sore, not to mention the speeding on this street is a hazard . Unhoused people sleep in the creek by the railroad track. Honestly, I don't know what my neighbors are thinking how is a shelter going to be any worse than the current state? It won 't. If Ca lifornia residents want and expect the unhoused crisis to be amelio rated if we really want to address the problem then we need to put up or shut up. We need to have some compassion and do what's right. I si ncerely hope you're getting vo ices of support rather than the unfortunate NIMBYism I'm hea ring about from my neighborhood. Yours in compass ion , https ://oullook .office365 .com/mail/AAMkAGRIN WZmMm RiLWM2NjltNDVmYi04YTl zLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzE YXAQ DKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA ... 1/1 Outlook Re: Thumbs UP! From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Thu 10/30/2025 1 :56 PM To Elaine Reichert ; Mary Sackett <Msackett@marincounty.org> Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Elaine -Thanks for taking the time to share your support of this project. It would be great if you could consider attending the San Rafael City Council meeting on 11/17 6pm when this will be voted on by the council (the agenda item will be closer to 6:30). This is a bold idea so having supporters in the room is important. Warmly, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael ��f' � SAN RAFAEL �� THE CITY WITH A MISSION established1874 From: Elaine Reichert Sent: Wednesday, October 29, 2025 6:31 PM To: Mayor Kate <kate.colin@cityofsanrafae l.org>; Mary Sackett <Msackett@marincounty.org> Subject: Thumbs UP! Mary and Kate, I want to express my unconditional support for your purchase of the Merrydale site and the tiny homes community. It was good strategy to do this quietly! Sadly, the usual NIMBY uproar has begun. Hopefully the project will move swiftly to implementation. So many people will get their lives stabilized thanks to this supportive housing and the services that will be onsite. Good job! 11/10/25, 1:25 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook Elaine Reichert https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA... 2/2 Outlook FW: 350 Merrydale Interim Shelter Project I New submission from Contact the City Clerk's Office From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org> Date Wed 10/29/2025 7:33 AM To End Homelessness <endhomelessness@cityofsanrafael.org> Cc Distrib-City Clerk <City.Clerk@cityofsanrafael.org> For you-- B From: Sent: Tuesday, October 28, 2025 7:34 PM To: Distrib-City Clerk <city.clerk@cityofsanrafael.org> Subject: 350 Merrydale Interim Shelter Project I New submission from Contact the City Clerk's Office Name Cherie Graham Email 350 Merrydale Interim Shelter Project Message I am a resident of San Rafael fully support the approval of the 350 Merrydale Interim Shelter Project. Thank you. 11/10/25, 4 :09 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook O utloo k Merrydale From Michael Date Fri 10/17/2025 3:50 PM To End Homelessness <endhomelessness@cityofsanrafael.org> Hi -I want to voice my support for the Merrydale project and thank you for your continued efforts to address homelessness in San Rafael. It's nice to see the county and city cooperate like this and for residents to have pathways to improving their living situation at the property seems quite smart. I understand that neighbors will not be happy with this new project nearby but it does seem to be a reasonable location close to transportation and services while not creating further homeless density downtown. Thanks again . Michael Siminoff https ://oullook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 1/1 11/10/25, 4 :10 PM Outlook Fw: Voice Mail (58 seconds) From Mayor Kate <Kate.Co li n @cityofsanrafae l.org> Date Mon 10/20/2025 9:53 AM Supportive of Interim Shelter Project -Nguyen Pham -Outlook To End Ho melessness <endho m elessness@c ityof sanrafae l.org> ® 1 attach ment (171 KB) audio.mp3; Hi -Also want to forward the supportive voice mails. Kate Colin (she/her/hers) Mayor, City of San Rafael ~~4" ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~(JJ established 18 74 From: WIRELESS CAL LER Sent: Satu rday, Octobe r 18, 2025 9 :52 AM To: Mayo r Kate <Kate.Co lin @cityofsan rafae l.o rg> Subject: Vo ice Mail (58 second s) oh hello my name is warren somebody put a flyer in my mai l box which is illegal it's a federal crime i th ink 'cause it didn't have a stamp on it or anything they said you may o r may not have received a flyer i'm going to plan homeless she lte r tiny home project at 350 marydale th is planning has been done in sec ret and they've sp ru ng it on us at the last m i nute it's l i ke yeah OK boomer i would say that you guys should go ahead with that project and don't listen to the vocal minority i would rather have homeless people in homes rather than pe rsecuted by the state so thanks very much for car ing about the peop le and common human ity and uplifting our brothers and siste rs in mankind and keep on doing with it i'II vote for you again it's no big deal you're strong person and you r convictions are good thanks very much for listening to me https ://outlook .office365 .com/mail/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTl zLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA ... 1/2 11/10/25 , 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook You received a voice mail fro ~ Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe. Set Ug Voice Mail https ://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 2/2 11/10/25, 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook Outlook Re: How can our church support the initiative to build "tiny homes?" From Bryna Holland Date Fri 10/24/2025 4:19 PM To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Cc Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org> Outstanding. I'll share this information with people who are in support of this initiative. Thanks! On Fri, Oct 24, 2025 at 3:11 PM Nguyen Pham < Ng.YY.en.Pham@cityofsanrafael.org.> wrote: Hello Bryna! Thank you for chatting with me and Daniel (c/c-ed). I am following up with some information that we talked about. 1. Oct 28th at 6PM Virtual Webinar RSVP via this link https://www.cityofsanrafael.org/community-meeting-350-merrydale-road-interim-shelter-PrQject-scheduled-for-october-28- 2025/ 2. Nov 6th at 5PM in-person open house @ location TBD. I will forward the flyer once it's ready. 3. Nov 17 City Council Meeting https://www.citY,ofsanrafael.org/citY,-council-meeting§L (While the agenda is not posted yet, the link will provide you with information on how to participate in public comments) 4. Talking Points: Staff have put together an FAQ page https://www.citv.ofsanrafael.org/350-merrv.dale-freguentlv.-asked-guestions/ you can also watch the Press Conference for additional talking points httP-s://www.youtube.com/watch?v=lnyN5ClhN04 Items #2 and #3 will be repeated during the Oct 28th webinar. Thank you and please stay in touch! nguyen From: Bryna Hollan Sent: Wednesday, October 22, 2025 6 :50 PM https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/3 11/10/25 , 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook To: Lauren Schwartz <Lauren .Schwartz@citv.ofsanrafael.org> Cc: Nguyen Pham <~gy_v.en.Pham@citv.ofsanrafael.org > Subject: Re : How can our church support the initiative to build "tiny homes?" Thanks Lauren. Hi Nguyen. Happy to chat when you have a few minutes. Thanks, Bryna On Wed , Oct 22, 2025 at 4:43 PM Lauren Schwartz < Lauren .Schwartz@citY.ofsanrafael.org,> wrote: Hi Bryna , I am connecting you with Nguyen, he is CC'd on this email. He is one of the project managers for this project. Thank you, Lauren Schwartz I City of San Rafael Executive Assistant City Managers Office Office 415.485.3056 Lauren.Schwartz@citv.ofsanrafael .org SAN RAFAEL - THE CITY WITH A MISSION From: Bryna Holland Sent : Wednesday, October 22, 2025 4 :09 PM To: Lauren Schwartz <Lauren .Schwartz@citv.ofsanrafael.org> Subject: How can our church support the initiative to build "tiny homes?" Hi Lauren, https://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA ... 2/3 11/10/25, 4 :10 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook When Trever Burgan and I met recently with Mayor Colin, she mentioned we could support her in efforts to build tiny homes. I read the Marin IJ article today, and noted the controversy around the proposal . When you have a moment, please let me know in what ways Trever and I can support this important initiative. Best wishes, Bryna Holland https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGQBgQ3AA... 3/3 11/10/25, 4 :11 PM Supportive of Interim She lter Project -Nguyen Pham -Outlook Outloo k Tiny homes community From Barbara Date Fri 10/24/2025 7:38 PM To End Home lessness < EndHomelessness@cityofsanrafael.org> I'm in fav o r of this idea. Barb https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1 11/10/25, 4 :11 PM Supportive of Interim She lter Project -Nguyen Pham -Outlook Outloo k Eric left voicemail in support of interim shelter project From Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Date Fri 10/24/2025 8:12 PM To End Homelessness <endhomelessness@cityofsanrafael.org> https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1 11/10/25, 4 :12 PM Outlook Website FAQs From Zosia Zawacki ~> Date Tue 10/28/2025 7:47 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook To End Homelessness <endhomelessness@cityofsanrafael.org> Hi, Thank you for the presentation and Q&A tonight about the site on Merrydale. I wanted to bring attention to the website FAQs because I heard it mentioned tonight and also by the Mayor at the homelessness subcommittee meeting that the website has a lot of information and FAQs and has recently been updated. I sent questions in last year that were addressed on the website (thank you) and there was a long list at the time. Now, there are only 5 questions/answers on the community FAQ page and I wonder if there is a missing link or the list was inadvertently truncated. htt12s://www.cityofsanrafael.org/community~uestions about homelessness/ I continue to be impressed by the city's efforts and professionalism. Thanks, Zosia https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1 11/10/25, 4 :12 PM Outlook Re: Thumbs UP! From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Thu 10/30/2025 1 :56 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook To Elaine Reichert >; Mary Sackett <Msackett@marincounty.org> Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Elaine -Thanks for taking the time to share your support of this project. It would be great if you could consider attending the San Rafael City Council meeting on 11/17 6pm when this will be voted on by the council (the agenda item will be closer to 6:30). This is a bold idea so having supporters in the room is important. Warmly, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael ~~f' ~ SAN RAFAEL ~~ THE CITY WITH A MISSION ~({JJ established 18 74 From: Elaine Re ichert Sent: Wednesday, October 29, 2025 6:31 PM To: Mayor Kate <kate.colin@cityofsanrafael.org>; Mary Sackett <Msackett@marincounty.org> Subject: Thumbs UP! Mary and Kate, I want to express my unconditional support for your purchase of the Merrydale site and the tiny homes community. It was good strategy to do this quietly! Sadly, the usual NIMBY uproar has begun . Hopefully the project will move swiftly to implementati on . So many people will get their lives stabilized thanks to this supportive housing and the services that will be onsite. Good job! https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA ... 1/2 Elaine Reic h ert -outlook.office365.com/mail/AAMkAGRI NWZmMmRiLWM2NjltNDVmYi04YllzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 2/2 11/10/25, 4 :13 PM Supportive of Interim Shelter Project -Nguyen Pham -Outlook Outlook <In full support>350 Merrydale Interim Shelter From Ryan Date Thu 10/30/2025 4:48 PM To End Homelessness <endhomelessness@cityofsanrafael.org> Hello, I wanted to write in my message of heartfelt and full support of the interim shelter at 350 Merrydale in San Rafael. Please build it and build it fast! Also, consider engaging MarinHealth or Kaiser to help sponsor. And thank goodness! This site has been vacant for years, what a waste! All this time, we could have put this site to good use but it's been nothing, for no one. And the trash on the street is an eye sore, not to mention the speeding on this street is a hazard. Unhoused people sleep in the creek by the railroad track. Honestly, I don't know what my neighbors are thinking how is a shelter going to be any worse than the current state? It won't. If California residents want and expect the unhoused crisis to be ameliorated if we really want to address the problem then we need to put up or shut up. We need to have some compassion and do what's right. I sincerely hope you're getting voices of support rather than the unfortunate NIMBYism I'm hearing about from my neighborhood. Yours in compassion, https ://outlook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGQBgQ3AA... 1/1 11/10/25, 4 :37 PM Outlook FW: New submission from Contact City Council From Info <info@cityofsanrafael.org> Date Mon 11/10/2025 4:34 PM To End Homelessness <endhomelessness@cityofsanrafael.org> From: Sent: Monday, November 10, 2025 9:14 AM lnbox -Nguyen Pham -OuUook To: Info <info@cityofsanrafael.org>; Open Data <opendata@cityofsanrafael.org> Subject: New submission from Contact City Council Name Laura Stivers Email Subject Terra Linda Housing for Homeless Message San Rafael City Council. I know you have been getting a lot of push back on this project but I want to register my support for it. I work at and teach on the topic of housing and homelessness . This is an important housing proposal to address homelessness and the lack of affordable housing in Marin. Thank you for the work you do. Laura Stivers Address (optional) https ://outlook .office365 .com/mail /none/i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABmaCjegAA 1/2 11/10/25 , 4 :37 PM United States MaP-..11 lnbox -Nguyen Pham -Outlook https ://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABmaCjegAA 2/2 11/12/25, 2:19 PM Outlook Re: Merrydale Homeless Shelter From Rachel Kertz < Rachel.Kertz@cityofsanrafael.org > Date Wed 11/12/2025 11 :55 AM To Suzie Dads > Re : Merrydale Homeless Shelter -Nguyen Pham -Outlook Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Suzie, Thank you for your message. Appreciate your feedback. Best, Rachel Rachel Kertz Councilmember City of San Rafael Connect with me! 415-299-7008 cell ~Image Follow us: Facebook I Twitter I lnstagram From: Suzie Dads Sent: Wednesday, November 12, 2025 11:15:21 AM To: Rachel Kertz <rachel.kertz@cityofsanrafael.org> Subject: Merrydale Homeless Shelter Good morning, I am writing in FULL support of the proposed shelter on Merrydale. The building has been empty for EONS and it's high time a new dedicated space for unhoused people is developed. It's close to transport, to shops and it needs to be used. I live less than a mile away and would absolutely welcome such a venue. about:blank 1/2 11/12/25, 2:19 PM Re: Merrydale Homeless Shelter - Nguyen Pham - Outlook Suzie Dods about:blank 2/2 11/12/25, 2:19 PM Re : Merrydale Homeless Shelter -Nguyen Pham -Outlook Suzie Dods abou t blank 2/2 Feedback From Community Engagement Session with Sanctioned Encampment Residents 11.12.2025 Feedback From Community Engagement Session with Sanctioned Encampment Residents 11.12.2025 A> RAF, @ Project Feedback Name: “Mal J bu | Date: Phone number: Email: Comment: ; } f sel _ | thal thal nx wip Ad, be a gear No otk Y Neal bow et fold be allow far Unhifigd fallin Rie ww Li wa +9 bo allowed 40 90 toe So ir TAR slo At roo. 办 Preferred contact method [_ ] Preferred contact method Name: Date: Preferred contact method Email: D Preferred contact method Q í Project Feedback Name: fi ERWYIZ SA NT Date: ($ Phone num TS [_] Preferred contact method Email: [|] Preferred contact method emit ye had. 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()~ fJJGK A Vrfll!::tur: :>1-rt, ES / Project Feedback Name: N AV A | yy V/A Date: I --25 umber: [_ ]Preferred contact method Phone n Email: Comment: . ed thin gets approved drug ZQAlco hol 1251) lary ) Wi Ou oe 4 penole liv) | potter Oe sort — ity. 2 Fin that Tt Sees 1 the only Enhouced niet ae | rz Lk Wer ae ae pes Hat UNT 一一一 tO ae ra LE L22 M6 US HRMAAN WVPY Gre DIAL 10) Hee i mes A 30 pala, 2 A La ek CQ 十 1 a y ON OUT 一 - AMhpused issue” 省 || o ¡5 “Tne San coidel Waxcloin/< A Inthe Ni Witla Ae PELO nicl S&P? LD | Yt W473 ro ‘Dull mi L. eCISIiOnN, Wid PONT [] Preferred contact method A 1,2 Name: N'a rl uq O 1f-lz;wa Phone n Email: Date: D Preferred contact method D Preferred oontoct method 11/10/25 , 11 :06 AM 350 Menydale driveway faces my back fence -Nguyen Pham -Outlook Outlook 350 Merrydale driveway faces my back fence From Jennifer Wallace Date Mon 11/10/2025 11 :03 AM To marybeth.bushey@cityofsanrafael.org <marybeth.bushey@cityofsanrafael.org>; mary.sackett@marincounty.gov <mary.sackett@marincounty.gov>; Mayor Kate <kate.colin@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org> Hello, My name is Jennifer Wallace and I am writing to ask you to vote no on the 350 Merrydale site for the homeless encampment. As context, my home backs up to Merrydale, my back fence faces the Merrydale building and is directly infront of the Merrydale driveway. I will be impacted directly by this project. My ask of you to vote no on this stems from -the big disconnect we're seeing between the Utopian view being presented in your plans for this 'managed encampment' vs . the reality of what exists today through 'managed sites ' like the one on Mahone and the Anderson site -the huge gap in the City and County's ability to manage this program successfully, again as is evidenced by the state of current encampments and gap in policing and managing the gray zone behind the storage unit on Merrydale -lack of trust you have engendered from our community based on how you have undertaken getting this program through and gaps in your planning 1) My neighbors and I have spoken with multiple San Rafael PD officers who said that at night, at both sites, you can shine a flashlight around and see hundreds of glowing eyes, from rats, staring back at you . This indicates poor site management. They also have commented about the reality of the drug trafficking and lack of community standards enforcement in the encampment. I spoke with the contractor whom you have engaged to manage this site and he said "because the buildings on the site will be hard -sided we *should * be able to manage that better, but you know, you can 't really ever be on top of rats once they get out of control so we 'll do our best but...you know ... ". 2) People who work in the Bio -Marin building have shared directly that, from their office windows, they look out to see people having sex and doing drugs DAILY in the bushes around the encampment. The restrictions of living in the encampment push community members to go outside of the supervised boundaries to do this stuff elsewhere. This means , in the context of my neighborhood, these activities will spill out near us, including directly behind my home. I don't feel safe knowing that could be so close to me. My 92 -year old neighbor Miss Geri with a direct view over her back fence to the Merrydale property also doesn't feel safe with that behind her fence. The parents who live next to me on the other side, Kai and Rachel, with baby Maeve, are feeling the same. Kim , whose fence backs up to the walkway by the storage unit about:blank 1/3 11/10/25, 11:06AM 350 Merrydale driveway faces my back fence -Nguyen Pham -Outlook already has some homeless folks hanging out behind her fence, including one lady masturbating and doing drugs last week. We have five childcare facilities in the immediate vicinity plus a bus stop, and countless families in the neighborhood. You're seriously recommending bringing the potential for this behavior closer to us? 3) The 'gray zone' I believe it is called, of the area around the storage facility and Merrydale site-Caltrans owns that, but doesn't maintain it. The San Rafael PD doesn't police it (or at least enough) because we have homeless living back there, there is tons of litter and dumping. I don't feel safe walking on that path to the farmer's market. If you bring in more homeless, and they want to skirt the community living standards policies, they'll do so outside of the fenced area and do it around this 'gray zone' and along the Merrydale creek-which is next to my fence. 4) I had to ask MULTIPLE times at the trade show both meeting at the JCC if there is a no drugs, no alcohol, no guns policy included in the community standards. All I got back was some blank stares, a few sheepish smiles and shrugged shoulders. That response, to not know or not have that included, this far into the development of this project, indicates to me that these regulations are, at best, an afterthought. These should have been bedrock, foundational standards included in the community standards policy for the benefit of everyone-the tenants AND our community. This seriously erodes your credibility as project managers who can implement this program in a way that will have minimal impacts to our community. We are clear-eyed about the tremendous challenges those in the homeless population face, the increased incidents of crime that is bringing into our neighborhood and very clear eyed about your collective lack of ability to implement and manage this in a way that can make it successful for our community, based on how you have rolled this out so far and the huge gaps we're seeing in your planning, anticipation of issues post-opening and ideas for how to manage it all ongoing. I could continue with more on this list. The common thematic running through these items is that there is a huge disconnect between what you are trying to sell as the vision and what reality will be based on current evidence of needs, issues, and ability to manage this successfully. What it all comes down to is that you have a population who, while not all of them are druggies and alcoholics and such, that population does have a statistically higher percentage of folks dealing with issues that makes our community much less safe. It's exceedingly reasonable to not want to have to add those issues to the stack of what you have already piled on our neighborhood-the SMART train noise, no soundwall along the freeway (they stopped construction south of us years ago because they didn't think to extend the sound study this far north-a few hundred feet from where they ended it...) so the freeway noise reaches more than 90 DB in the mornings and evenings. Now you want to add another challenge to our neighborhood that could materially change what we have all worked so hard to build-a place that is safe, stable, connected, enjoyable. Despite all of the assurances that all will be fine, with the massive gaps we're seeing in data, in how honest and transparent and engaging you have all been through this process, with the gap between utopia and the reality of life at the current encampments, with the answers you all still don't have-the stakes are too high for our safety, stability and comfort to trust this and I urge you to vote no. Respectfully, Jennifer Wallace, Homeowner about:blank 2/3 11/10/25, 11:06 AM 350 Merrydale driveway faces my back fence - Nguyen Pham - Outlook about:blank 3/3 11/10/25, 11:06AM 350 Merrydale driveway faces my back fence -Nguyen Pham -Outlook about:blank 3/3 11/10/25, 4 :21 PM lnbox -Nguyen Pham -Outlook Outlook Re: 350 Merrydale From Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Date Sat 11/8/2025 12:10 AM To Theresa Brady Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hello Theresa: My name is Nguyen from the City's Community Services Division. Nice to e-meet you! The sites are listed on the below FAQ page. You can quickly navigate to the list by scrolling down to the "Why this site " section. httP-s:l/www.cityofsanrafael.org/350-merrydale-freguently-asked-guestions/ Thank you and have a restful weekend! Nguyen Get Outlook for iOS From: Theresa Brady Sent: Friday, November 7, 2025 11:42 PM To: End Homelessness <endhomelessness@cityofsanrafael.org> Subject: 350 Merrydale Hello, At the October 28 virtual meeting about 350 Merrydale, your staff promised to share the 20 other properties considered for the shelter project on the city website. Please point me to this information. Thank you, Theresa Brady https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABmVCQ3AM 1/1 11/10/25, 4 :21 PM lnbox -Nguyen Pham -Outlook Outlook Re: Questions about 350 Merrydale and SMART Pathway From Rachel Zwillinger Date Thu 11/6/2025 8:28 PM To End Homelessness <endhomelessness@cityofsanrafael.org> Cc Rachel Kertz <rachel.kertz@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org> Hi all. Thanks for the good discussion tonight about the 350 Merrydale Project. I had an opportunity to ask my questions about the SMART Pathway, and received answers to most of them. The answers leave me concerned that the SMART Pathway--and particularly the isolated segment between Los Ranchitos and the Civic Center Station--will become an attractive area for residents in the new facility to congregate or hang out in a manner that will make it feel less safe for neighbors. I am hoping there is openness to modifying the Good Neighbor Policy to proactively address this issue. Can we please add a provision to the Good Neighbor Policy that clearly prohibits loitering or hanging out on or next to the SMART pathway? Thanks for considering this request. I would really appreciate a response regarding whether the City is willing to add such a provision to the policy. Thank you for your efforts to make this project work for both the residents and the surrounding neighborhood. Rachel On Wed, Oct 29, 2025 at 9:41 AM Rachel Zwillinger wrote: I attended last night's webinar on the 350 Merrydale Project and really appreciate the informative presentation and candid answers to questions. The focus on answering community questions and responding to feedback is refreshing. I was unable to stay until the end of the meeting, and apologize if these questions were answered, but I would really like to have additional clarity about expectations for the SMART Pathway. I jogged past the site this morning, and there is currently a trail that leads directly from 350 Merrydale to the Civic Center Station and SMART Pathway. https :/loutlook .office365 .com/mail /none/i d/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABl%2BVTBQAA 1/2 11/10/25, 4 :21 PM lnbox -Nguyen Pham -Outlook I would be grateful for answers to the following questions: (1) What are the rules in City Code or elsewhere regarding camping along the SMART Pathway? (2) What are the rules regarding loitering along the SMART Pathway in City Code, the Good Neighbor Policy, or elsewhere? (3) Who is responsible for patrolling the Pathway--particularly the section between Los Ranchitos and Civic Center Station that is not visible from the road? It's not clear to me if this will be a SMART, City code enforcement, or police function . (4) Is there a plan for patrol frequency? My understanding is that patrols are currently very limited because SMART only has a few code enforcement staff for the entire system . Many thanks for helping me and other community members understand what to expect as this project develops. Rachel https://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABl%2BVTBQAA 2/2 11/10/25, 4 :38 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: 350 Merrydale From Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Date Mon 10/13/2025 8:51 PM To Ashley Frost Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hello Ashley, Thank you for reaching out and sharing your concerns. I want to clarify a few points about today's outreach and the broader community engagement process. Our team began distributing informational flyers today, October 13, as part of the City's initial outreach effort for the proposed interim shelter project at 350 Merrydale Road. Due to the rain, outreach concluded around 1:00 p.m. today, and only a portion of the neighborhood was reached. Additional outreach will continue in the coming days to ensure all nearby residents and businesses receive information about the project. Community input is very important to the City and County. In the coming weeks and months, the City will host public meetings to share updates, listen to feedback, and answer questions from residents and stakeholders. We will announce the dates, times, and locations of these meetings soon and will ensure that the San Rafael Meadows residents are informed. In the meantime, you're welcome to share your comments or questions directly by replying to this email or writing to endhomelessness@cityofsanrafael.org Thank you again for taking the time to share your thoughts. Nguyen P. (he/him) City Manager's Office From: Ashley Frost Sent: Monday, October 13, 2025 8 :37 PM https :/loullook .office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABiMZiQwAA 1/2 11/10/25, 4:38 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook To: End Homelessness <endhomelessness@cityofsanrafael.org> Subject: 350 Merrydale Encampment Hello, My neighbor recently received a flyer announcing the building of "homes" at the address in the subject line. First, I'm curious why only certain people in the neighborhood even received this info? Secondly, and more importantly when was the community consulted about bringing these homeless people into our spaces. I'd like to know where and who to submit our absolute rejection, as a community, to this. You are placing these people in a community of children and hardworking families. Every person in the Rafael Meadows area will protest this glorified encampment. Please take note. We will not be quiet letting this happen to our neighborhood. Ashley Frost https://outlook.office365.com/mail/id/AAkALgAAAAMHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABiMZiQwAA 2/2 11/10/25, 4:41 PM Outlook Follow up on Tuesday's commitments From Maryellen Mullin Fong Date Thu 10/30/2025 9:31 PM 350 MerT)'dale General and Webinar Questions -Nguyen Pham -Outlook > To Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Sackett, Mary <Mary.Sackett@marincounty.gov>; Mayor Kate < kate.colin@cityofsanrafael.org >; End Homelessness <endhomelessness@c ityofsanrafael.org > Cc >; Dear Mayor Colin, Ms. Bushey, Mr. Cooperman, and Ms. Sackett, During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed sites would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale. In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers t~yet it was repeatedly mentioned throughout the Zoom call . This is public information, and withholding it only deepens community concerns about transparency. We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data, yet it was again deferred by the Lieutenant during the meeting. Frankly, our community is growing weary of elected officials holding closed door discussions and limiting public access to essential information. These decisions affect all of us, and we expect open communication, not secrecy. Until transparency and accountability are restored, you no longer have my vote or trust. Respectfully, Maryellen Mullin Fong - https ://oullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABk3JMoAAA 1/2 11/10/25, 4 :41 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook https ://oullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABk3JMoAAA 2/2 11/10/25, 4 :41 PM Outlook Re: Follow up on Tuesday's commitments From Maryellen Mullin Fong Date Mon 11/3/2025 12:50 PM To Mayor Kate <kate.colin@cityofsanrafael.org> 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Cc Betty Shea ; Maribeth BusheY, <maribeth.bushev(ci)citvofsanrafael.ora>: Marv Sackett <Marv.Sackett(ci)marincountv.gov>; End Home ess s <en o e s ne s . cI vofsanrafael.ora> >; Erica E. Larsen Dear Mayor Colin, Than k you for your response. However, the information I requested still does NOT appear in the City's FAQs -specifically regarding safety, sex offenders, or crime statistics. These are central issues for our community, and continuing to defer to the FAQ without addressing these questions directly is unacceptable. Additionally, your reference to my professional background is inappropriate. If you are suggesting that my expertise as a licensed clinical psychotherapist could be of service to the City, you may formally contract and compensate me for that work. I have over twenty years of professional experience, and it is deeply disrespectful -and frankly insulting -to imply that I should volunteer that expertise while my own family's safety is being jeopardized by your administration 's decisions. I again ask that you provide direct, transparent answers to the specific safety and crime related concerns raised by myself and others in the community. Res pectfu I ly, Maryellen Mullin Fong, LMFT https :/loullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 1/8 11/10/25, 4 :41 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Maryellen Mullin Fong On Mon, Nov 3, 2025 at 11:03AM Mayor Kate <Kate.Colin@cityofsanrafael.org > wrote: Hi Maryellen and all cc'd on this email -Thank you for your continued engagement. I understand your concerns and agree that safety and transparency are essential as we move forward. The questions you and others have raised are being addressed through the City's FAQ so that everyone has access to the same, accurate information. This approach ensures consistency and improves transparency by sharing updates publicly rather than responding to individual emails. I see from your signature line that you're a family therapist, and your perspective will be valuable in the upcoming discussions around the Good Neighbor Policy and Code of Conduct, which are focused on ensuring safety, accountability, and mutual respect. So thank you again for your advocacy and commitment to our community. Kate Colin (she/her/hers) Mayor, City of San Rafael https :/loullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 2/8 11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook SAN RAFAEL THE CITY WITH A MISSION established 1874 From: Maryellen Mullin Fong Sent: Saturday, November 1, 2025 9:33 AM To: Mayor Kat • • ...,,........,.......,........,...., > Cc : Betty Shea Maribeth Bushey <marjbeth,bushey.@.ci.tyofsan • judith allen Subject: Re: Follow up on Tuesday's comm itments Dear Mayor Kate, My questions are not being addressed anywhere in your emails, or on your FAQs: 1) When will the Code of Conduct be on the FAQ? https://outlook.office365.com/mail/id/AAl<ALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 3/8 11/10/25, 4 :41 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook 2) When will the 20 sites be listed, as promised on the zoom meeting by Daniel Cooperman on the FAQ? 3) When will crime stats of the current encampment be released? We are all reading the police reports that do get released, and most crime takes place near the current encampment on Andersen. We want to know how many registered and unregistered sex offenders you plan to move into our neighborhood, near our daycares and around our children. The fact that you are not answering, makes us assume, you are hiding these facts. You are not working with us, and until you answer our questions, I do NOT believe you take my safety, the safety our our most vulnerable , our children, and our elderly in this community, seriously. Respectfully, Maryellen Mullin Fong https :/loullook.office365 .com/mail /i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 418 11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook On Fri, Oct 31, 2025 at 2:36 PM Mayor Kate <Kate.Colin@citY.ofsanrafael.org > wrote: Hi Maryellen and Betty -Thank you both for continuing to stay engaged and for sharing your thoughts . I know how closely you've been following this process, and I appreciate the time and care you 've taken to raise questions and share feedback. Staff are continuing to update the FAQ page as new information becomes available, and your input helps ensure that the community's concerns are reflected in those updates. Warm regards, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael https ://outlook.office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 5/8 11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook SAN RAFAEL THE CITY WITH A MISSION established 1874 From : Betty Shea Sent: Thursday, October 30, 2025 11:39 PM To: Maryellen Mullin Fong< Cc: Maribeth Bushey <marjbeth,bushey.@..citvofsanrafael.org,>; Mary Sackett <M.arv.,Sackett@marjncounty~g~>; Mayor Kate Well said!! I hope they get it! Betty https://outlook.office365.com/mail/id/AAl<ALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA ; judith allen 6/8 11/10/25, 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook On Oct 30, 2025, at 9:31 PM, Maryellen Mullin Fong <mullinmft@gmail.com > wrote: Dear Mayor Colin, Ms . Bushey, Mr. Cooperman, and Ms. Sackett, During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed sites would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale. In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers to-yet it was repeatedly mentioned throughout the Zoom call. This is public information, and withholding it only deepens community concerns about transparency. We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data, yet it was again deferred by the Lieutenant during the meeting. Frankly, our community is growing weary of elected officials holding closed-door discussions and limiting public access to essential information. These decisions affect all of us, and we expect open communication, not secrecy. Until transparency and accountability are restored, you no longer have my vote or trust. Respectfully, https://outlook .office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 7/8 11/10/25 , 4 :41 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Maryellen Mullin Fong https://outlook.office365 .com/mail/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABIWQaMgAA 8/8 11/10/25, 4 :42 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outloo k Merrydale From Ni nette A rana Date Tu e 10/14/2025 10:03 A M To End Ho melessness <endho m elessness@c ityof sanrafae l.org> I hope this emai l finds you we l l. I am a resident of San Rafael Meadows and got a flyer that there is intended hous i ng on Merryda le road . Wh i le fully understanding the importance of providing safe and stable housing for those in need , I would li ke to express some concerns and seek clarification . Specifically, i wou ld app reciate more information about: -The type of housing being planned ( temporary shelter, transitional housing or permanent supportive housing) -Security measures -How community members will be informed and involved ongoing discussions and updates (approval process) -Steps being taken to address potential impacts local safety, traffic and property values Ou r community values compassion and responsib le plann i ng . I wou ld app reciate the opportun ity to attend and publ ic meetings or rece ive add it iona l info rmation for these plans . Si ncerely, N i nette Arana https ://oullook .office365 .com/ma il/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTl zLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 4 :42 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Urgent -350 Merrydale Rd, Tiny Housing Project From Giovanna Dudley Date Tue 10/14/2025 1:28 PM To End Homelessness <endhomelessness@cityofsanrafael.org> Cc city.manager@citysanrafael.org <city.manager@citysanrafael.org>; Micah Hinkle <micah.Hinkle@cityofsanrafael.org>; Distrib-City Clerk <city.clerk@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org> Dear Mr. Cooperman , I am a homeowner and resident of the Rafael Meadows neighborhood, writing regarding the proposed tiny home site at 350 Merrydale Road. While I understand and respect the city's efforts to provide housing and services for unhoused residents, my wife and I have serious concerns about this proposal and how it will impact our community. Not one resident of Rafael Meadows is happy about this proposed program and many residents take it as a slap in the face. This is a clean , safe neighborhood of retirees and families with young children, it is not a place to insert a homeless encampment that needs 24/7 security. The fact that it needs 24/7 security is an immediate red flag. This facility needs security from the occupants you are moving in, not from the existing residents in the neighborhood. However, once they leave that facility they are stepping straight into our neighborhood , which doesn 't have 24/7 security. I work a job where my hours are 6PM-4AM and safety is a priority during that time for my wife and two small children (ages 1 and 3). Injecting a homeless housing site into our neighborhood does not give me any confidence the city is looking out for the safety of my family or my neighborhood. If anything I take it as a sign of disrespect and disregard for our community. My wife and I bought a house in this neighborhood for over $1 million dollars, to have a sense of community, safety, and peace. We would have never bought in this neighborhood , nor would any of our neighbors if we knew what is now being proposed. There are multiple glaring issues with this proposal which I will continue to address in this email : 1. Lack of Community Engagement • Many residents first learned of this proposal through flyers or word of mouth . As tax-paying citizens who have invested in this community, we believe it is essential that neighbors have an opportunity to participate in discussions about projects that directly affect our safety, property values, and quality of life. 2. Neighborhood Context and Suitability https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25 , 4:42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham-Outlook • Rafael Meadows is a qu iet, family-oriented neighborhood with retirees, young families, childcare and eldercare facilities nearby. Residents value the safety, stability, and character of this area. Placing a large transitional housing facility here would significantly alter the nature of our neighborhood and introduce challenges that do not currently exist. 3. Location Concerns • If the goal is to help unhoused individuals rega in stability, location is critical. This site is isolated from key services that support long-term success, such as public transportation , employment opportun ities, addiction rehabilitation, and most importantly behavioral and mental health resources. Sites closer to downtown San Rafael, where these services already exist, would likely provide better outcomes for participants. 4. Public Safety and Property Impact • The flyer references 24/7 security and management, which raises concerns about potential safety issues that may arise. Our community currently experiences low crime and high safety, and residents are concerned that th is facility could change that dynamic. Additionally, this project may have unintended effects on local property values, discouraging long-term homeowners and families from staying in the area. My family would never have bought a 1.2 million dollar home blocks from a tiny home site. 5. Shared Goals, Different Approach • We recognize and support the city's comm itment to addressing homelessness and promoting compassionate solutions. However, we strongly believe this proposal requires broader community input and consideration of alternative locations that take into consideration the needs of both unhoused residents and existing neighborhoods. Furthermore , from my personal and professional experience working in these types of housing sites, I know residents often have substance abuse and mental health problems , which affect their ability to hold a permanent residence , a permanen t job, to follow the law, and to be productive members of society. These residents are often moved to these housing sites from off the street. As you stated in the flyer these people are coming straight from encampments which were previously located in parks, creeks, and sidewalks. I do not see how moving the homeless problem from various locations throughout the city of San Rafael to our small isolated neighborhood makes any sense for anyone involved (residents, or homeless population) .. I also know residents of these types of housing s ites often steal from each other, assault each other, and go outside into the immediate commun ity to commit crimes and loiter. I strongly believe there w ill be no exception for this housing site and the residents w ill be outside loitering at the liquor stores, on the main streets, as well as littering the walkway around the Smart Train tracks and surrounding neighborhoods. Not only that, but th ere is literally nowhere for these residents to go except through our neighborhood. There is only one way in and one way out of this locatio n. This is not a location suitable for this type of housing , and I th i nk it is pretty clear to see. This housing is against everything this small neighborhood stands for and you are sending a strong message that the city is prioritizing the homeless issue over the tax paying residents and the safety of the neighborhood . I also went on the Megan 's Law website and observed there are O registered sex offenders in our neighborhood , nor anywhere close. In my experience I know that homeless sex offenders can and often reside in encampments and homeless shelters. What are the requ isites to obtain residency in this https://outlook.office365.corn/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/3 11/10/25, 4:42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook program? Are there any? You see how these issues are a huge concern to multiple families in the neighborhood with small children and how they should and never were addressed. Request We respectfully ask that the city: • Pause this proposal until residents of Rafael Meadows have been fully consulted. • Host a public meeting to allow community members to ask questions and share feedback. • Consider alternative sites that are closer to necessary services and more appropriate for this type of project. Thank you for your time and immediate attention to this matter. Our community takes pride in maintaining a safe, clean, and welcoming neighborhood, and we hope to collaborate with the city to find a solution that benefits all residents of San Rafael, not makes them regretful, worried, and upset. Sincerely, Daniel and Giovanna Dudley https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/3 11/10/25, 4 :55 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Notice -public comment? From Date Tue 10/14/2025 2:45 PM To End Homelessness <endhomelessness@cityofsanrafael.org > Hi Danie l, We received this notice. I'm very concerned th is project has not been opened for public comment. Will there be a forum to discuss? Does the city own this land or planning to own? Will the development at Mahon Creek Path remain? Or will this site replace it? Also, sounds like these plan to be tents of some sort? One initial observation-the location is next to a path where young students walk/bike to school under the freeway to avoid crossing the train tracks. I need t o understand the safety measures the city has thought through with the plan in mind. All in all I'm disappointed this notice feels like the public is being told what's happening versus open for discussion/commentary. Please let me know if/when the public will be able to weigh in . Thank you Carter - https://oullook.office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25 , 4 :55 PM 350 Merrydale General and Webinar Questions -N guyen Pham -Outlook WE MISSED YOU! We stopped by to share some news about a new project in our neighborhood. What this means for our neighborhood: • Fewer unmanaged encampments in parks, creeks, The City of San Rafael and Marin County are creating a managed tiny home site at 350 Merrydale Road. This site is designed to help people already living unsheltered in San Rafael find safety, stability, and a pathway to permanent housing. It will be a temporary program with a fixed number of units l65), focused only on San Rafael and sidewalks • A safer, more stable residents who are currently https ://outlook.office365 .com/ma ·I1AAM • '1..17. unsheltered. By 2029, the propert 1 kAGRINWZmM RL.: • m I WM2NJltNDVmYi04YTlzLTY4MjUyMjE4MzE1M Au ••~-~...-...~~~ A • g AAAAAABoASa2NQaCRowHBXZuzEYXA QDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3 11/10/25 , 4 :55 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook enva o and security • Cleaner streets and public spaces • Support for long-term . affordable housing that wall be built on this site in the future erns? nrafael.org WI .:: .--up---• permanent affordable housing. https ://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/3 11/10/25, 4 :55 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Merrydale Project From Jessica Harris > Date Wed 10/15/2025 2:01 PM To End Homelessness <endhomelessness@cityofsanrafael.org> My neighbors and I are disappointed about the lack of transparency regarding the proposed project on Merrydale road. The flyer lacked any concrete information to put current residents at ease. Will there be 24/7 security? Will the residents be allowed to have substances? Will the surrounding areas be patrolled to keep new encampments from popping up behind our fences? Will there have onsite facilities? If the project is temporary-why not use those funds to begin a permanent location that's more sustainable and suitably located? As of now-the neighborhood isn't on board or confident. We look forward to having some clarity. Thank you! Jess H. https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 4 :58 PM O utloo k FW: 350 Merr ydale Interi m Shelter Project From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org> Date Mon 10/20/2025 3:36 PM To Rob Epstein <Rob.Epstein@cityofsanrafael.org> 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Cc Cristine Alilovich <Cristine.Alilovich@cityofsanrafael.org>; John Stefanski <John.Stefanski@cityofsanrafael.org>; Angela Robinson Pinon <Angela.RobinsonPinon@cityofsanrafael.org >; Andrea Visveshwara <Andrea.Visveshwara@cityofsanrafael.org >; Lindsay Lara < Lindsay.Lara@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org > Good Afte rn oon Ma yor & Counc ilme mb ers , Please see co rres pon dence be low relati ng to 350 Merrydale. Tha nk you , Brenna From: Kim Wik Sent: Monday, October 20, 2025 3 :15 PM To : Distrib-City Clerk <city.clerk@cityofsanrafael.org> Subject: 350 Merrydale Interim Shelter Project Good evening , Counci l. My name is Kim Wik , and I live a I am here to ask for a brief pause and a face-to-face roundtable with the directly impacted neighborhoods before any votes. I am here to state how this proposed project 350 Merrydale Interim Shelter Project will impact me and my fellow neighbors. My home is situated directly behind 350 Merrydale . I recently did a remodel on my home on the intent to stay long-term. The deck that I bu ilt stares directly eye to eye with 350 Merrydale . The city of San Rafael one day decided to cu t down some trees directly behind my fence which has opened up the view into my home. In the last 8 years I have had to call the authorities numerous times for people playing loud mus ic , dumping trash , consuming alcoho l or doing drugs , along wi th ranting and screaming. My privacy and safety are already greatl y affected and w ith this new project I am concerned of what might happen in the future for myself and my neighbors. https :/loullook.office365 .com/mail /i d/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABkrckDAAA 1/2 11/10/25, 4:58 PM 350 Me rryd ale General and Webinar Questions -Nguyen Pham -Outlo ok If the proposed site is approved would it be possible that the entrance be on the frontage road. This would mitigate some of my concerns. I am interested in learning more about the proposed site details and how it will be managed. I appreciate your time on hearing my concerns for myself and neighbors of the Rafael Meadows. Kim Wik Kim E Wik "Joy is the simplest form of gratitude." -Karl Barth https://outlook.office365.corn/maiVid/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABkrckDAAA 2/2 11/10/25, 5:02 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Request for in -person roundtable with impacted neighborhoods before November votes From Christina Schiffner Santschi Date Mon 10/20/2025 1:11 PM To Mayor Kate <kate.colin@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; End Homelessness < End homelessness@cityofsanrafael.org >; mary.sackett@mari ncou nty.gov < mary.sackett@mari ncou nty.gov> Dear elected officials, My name is Christina Schiffner Santschi, and I live on impacted by the tiny homes project proposed on Merrydale. in the San Rafael Meadows. My neighborhood will be directly I am writing to request a brief pause and a face-to-face roundtable with the directly impacted neighborhoods before any votes. Much of this work appears to have happened in closed sessions. The spirit of the Brown Act is public trust. Please bring any actions out of closed session into open session and publish a clear timeline including whether a purchase agreement or escrow exists. Regarding operations, before occupancy, we need a public plan for sanitation, daytime services, security, overflow , and ADA/transit access. This includes information on capacity, eligibility, and whether these units are temporary or permanent. Our neighborhood is already impacted by unhoused individuals walking through to the train path; there is increased litter, harassment of neighbors walking the neighborhood , and human waste and drug paraphernalia on Merrydale. This proposal will bring increased traffic to our area, and we have heard no details about safety, security, and cleanliness of the impacted neighborhoods. I am also requesting equitable communication. Please provide bilingual (Spanish/English) notices and direct outreach to the Merrydale apartments and condos, and include adjacent neighborhoods. We ask you to evaluate alternatives already suggested and, if this site proceeds , commit to mitigations (lighting, cleanup cadence, a community hotline, and scheduled check-ins). https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:02 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook I work for a nonprofit that assists unhoused individuals, and I am in support of humane solutions to homelessness. However, we need a transparent process that includes the people living in neighborhoods most affected by the proposed housing project. Thank you. Sincerely, Christina Schiffner Santschi https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:02 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outloo k Tiny Homes From Date Mon 10/20/2025 1:17 PM To Mayor Kate <kate.co lin@cityofsanrafae l.org>; Maribeth Bus hey <maribeth.bu shey@cityofsanrafael.org>; End Homeless ness < End ho melessness@cityof sanrafael.org > Hi folks : I attended Rafael Meadows , (HOA) meeting yesterday at Gaspari's Pizza . I attended with a predisposition to support the Tiny Homes project. Homelessness is a difficult problem to deal with/eradicate. Any proj ect that provides shelter for the homeless is worth scrutiny in my opinion. I think San Rafael and the County are m issing an opportunity in not actively recruiting the support of the local commun ity. Doing so could prove both an asset to "Tiny Homes" and serve as a template for future projects. BUT, local government has chosen to spring this project on the local community and seems to want to rush through the approva l process. While the Oct. 16th art icle in the IJ (Adrian Rodriguez) was upbeat, it seemed short on details that neighbors m ight wish to know about. Most of us had not even heard about this project until this article was published. I respectfully suggest that loca l government meet with a committee from the Meadows (be ing created) for a discussion of their concerns and questions , as well as a deta il ed description of the project and what can be expected in terms of impacts. This might mean a sl ight delay in the government's approval schedule , but resu lt in the community coming out to in strong support . If that were to happen (this was not a NIMBY meeting), it would serve as a template for future projects as we ll as garner some positive PR. https ://oullook .office365 .com/ma il/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:02 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Bernie Samet https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:03 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: Say No to the Merrydale Project From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Mon 10/20/2025 1 :27 PM To David Buccheri Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Mr. Buccheri -Thank you for reaching out and sharing your input regarding the proposed interim housing project on Merrydale Road. I've included the appropriate City staff on this response so your comments can be added to the public record and you have a good staff contact for any additional questions. You can find detailed information about the project on the City's FAQ page, which includes answers to questions about who would qualify to live in the village and how the program will operate: htt12s://www.cityofsanrafael.org/merrydale-interim-housing:Qroject/ Regards, Kate Colin Kate Colin (she/her/hers) Mayor, City of San Rafael s 4ffh SAN RAFAEL 4,50 THE CITY WITH A MISSION .Li 1' ~ established 1874 ~= From: David Buccheri Sent: Monday, October 20, 2025 12 :09 PM To: Mayor Kate <Kate.Colin@cityofsanrafael.org> Subject: Say No to the Merrydale Project https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:03 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Mayor Kate, I am opposed to the Tiny Homes Merrydale Project being planned. It's the wrong place to move these folks to and how many of these homeless people are going to be displaced during such a project? A better solution is needed. David Buccheri https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:03 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outloo k Request for In -Person Community Meeting on Oct. 28th From Maryell en Mull in Fong Date Mon 10/20/2025 2:14 PM To Mayor Kate <kate.co lin@cityofsanrafae l.org>; End Ho m elessness <E ndhom elessness@cityof sanrafael.org>; Mari beth Bushey < m aribeth.bushey@cityofsanrafae l.org >; M ica h Hi n kl e < M icah.Hinkle@cityofsanrafae l.org > Dear Elected City Representatives: We appreciated that Mary Sackett attended our San Rafael Meadow s community gathering at Gaspa r e's yeste r day afternoon. As a community member of San Rafael Meadows neighborhood , homeowner, taxpayer and voter, will result in an IN PERSON Community Meeting on October 28th from 6-7:30pm. As a homeow ner, a mother, and having had years of my professional career in social services , supporting at-ri sk families , I know the only w ay to build consensus and find community solutions are to LISTEN and provide LISTENING opportunities to ALL INVOLVED. Many of the residents on Merrydale, and a few in San Rafael Meadow s, our neighbors , are Spanish speaking , so interpr etation services for the meeting w ould be appropriate, and also , go i ng forward , translation services in Spanish , for any printed /wr i tten informati on on the City's behalf. Thank you for considering our concerns . Kindly, Maryellen https ://oullook .office365 .com/ma il/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:03 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Maryellen Mullin Fong https ://oullook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:04 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook FW: Tomorrow City Hall Meeting: 350 Merrydale From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org> Date Mon 10/20/2025 4:09 PM To Rob Epstein <Rob.Epstein@cityofsanrafael.org> Cc Cristine Alilovich <Cristine.Alilovich@cityofsanrafael.org>; John Stefanski <John.Stefanski@cityofsanrafael.org>; Angela Robinson Pinon <Angela.RobinsonPinon@cityofsanrafael.org >; Andrea Visveshwara <Andrea.Visveshwara@cityofsanrafael.org >; Lindsay Lara < Lindsay.Lara@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org > Good Afternoon Mayor & Councilmembers, Please see correspondence below relating to 350 Merrydale. Thank you , Brenna -----Oriqinal Messaqe ----- From : Sent: Sunday, October 19, 2025 10:30 PM To: Distrib -City Clerk <c ity.clerk@cityofsanrafael.org > Subject: Tomorrow City Hall Meeting: 350 Merrydale Hello our community would like the address the council regarding the 350 Merrydale proposal. There has been zero community involvement and this has not followed a normal process. We need to understand how we got here today and lack of transparency & secrecy throughout. This needs to be discussed in person, not over zoom . Thank you , Carter https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:04 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Carter Phelps https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:04 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outloo k FW: This meeting is not about the Community From Betty Shea Date Tu e 10/28/2025 7:53 PM To End Ho melessness <en dh o m elessness@c ityof sanrafae l.org> Cc kate.collin@c ityofsanrafae l.org <kate.collin@cityofsanrafael.org> Hi Danie l, Apologies for the number of emails -this seems to be the only channel the City has provided for commun ication (so much for bui lding trust and open commun ication ). You have to understand the level of frustration we 're a ll feeling about the City's decision , which seems to have been made based on "best value " and "f lat land ." It 's extremely disappoi nting -and frank ly, disrespectful -that Mayor Kate Collin didn 't take the time to attend the webina r. He r absence sent a clear message about where we rank i n terms of pr iorities . What's even more t roubling is tha t there appear to be far more security and safety measures in place for the encampment than for our own neighborhood. Despite those risks , the City of San Rafael has still chosen to bring this threat directly into our community. We have NEVER needed regular police patrol through our neighborhood in the 30 years that I have lived here with my fam i ly My question was not addressed tonight: 1. How would you personally feel if a homeless encampment were relocated just 0.2 miles from your home? Do you believe that wou ld be a fa ir or appropriate decision for your neighborhood? Please make sure that Mayor Kate scrolls down and considers my question above . Thank you! Betty Shea From: Betty She a Sent: Tue sday, Octobe r 28, 20 25 7 :20 PM To: End Homeless ne ss <endhome les sne ss@ci tyof sa nrafa e l.org> Subject: FW : Th is m eeting is not a bout the Com m u n ity Importance: High Daniel , https ://oullook .office365 .com/ma il/AAMkAGR INWZmMm RiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11 /10/25 , 5:04 PM 350 Merrydale Ge neral and Webinar Quest ions -Nguyen Pham-Outlook Come on Daniel, the city is giving the pets more consideration than our children in the neighborhood!! So this is not a sober living situation and it's very possible that we may have a drunk, high or mentally ill person walking freely through our neighborhood. You don't have any demands on these people, but you expect us to just accept this change in our SAFE living situation!! THIS IS CRAZY and NEEDS TO BE REAVALUATED! Betty Shea From: Betty Shea Sent: Tuesday, October 28, 2025 7:10 PM To : End Homelessness <endhomelessness@_myofsanrafaeLorg> Subject: FW: This meeting is not about the Community Importance: High Daniel, Sorry, this just confirms that we will have homeless walking around our family-oriented neighborhood where children play and elderly walk, how can you do this to our community? We will be walking over homeless to support our neighborhood market! SO UNFAIR!! Betty Shea From: Betty Shea Sent: Tuesday, October 28, 2025 6:35 PM To: End Homelessness <endhomelessness@citv.ofsanrafael.org> Subject: FW: This meeting is not about the Community Importance: High Daniel, We have never before needed this level of security in our neighborhood, yet the City's current plan is putting our community in a potentially unsafe situation . What will happen to the unhoused residents who decide to not stay in the designated homeless camp zone? It seems inevitable that they will end up in our surrounding streets . What security measures will be provided to protect our neighborhood? This meeting has been extremely frustrating. While we fully support efforts to help homeless individuals rebuild their lives, it is not fair to place this burden disproportionately on our small community. We respectfully request a list of the other 20 sites that were considered before our neighborhood was selected. https://outlook.office365.corn/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4Mj UyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3 11/10/25 , 5:04 PM 350 Merrydale Genera l and Webinar Questions -Nguyen Pham -Outlook We ask that you please reconsider this decis ion. We deeply value every human life and support compassion-driven solutions to homelessness, but we also deserve to mainta in the safety and quality of life we have worked hard to bui ld. Our residents al ready contribute significantly through taxes toward addressing homelessness-please don't place additional strain on our community. Betty Betty Shea From: Betty Shea Sent: Tuesday, October 28, 2025 6:18 PM To: End Homelessness <endhomelessness@citv.ofsanrafael.org> Subject: This meeting is not about the Community Danie l , Can you please just answer our questions instead of painting this ridiculous picture!! We are super offended by this entire meeting!! Betty https ://outlook .office365 .corn/mail/MMkAGRJNWZmMmRiLWM2NjltNDVmYi04YTlzllY4MjUyMj E4MzE1MgAuAMAMBoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9MGSIL8HM... 3/3 11/10/25, 5:06 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Questions about 350 Merrydale and SMART Pathway From Rachel Zwillinger Date Wed 10/29/2025 9:41 AM To End Homelessness <endhomelessness@cityofsanrafael.org> Cc Rachel Kertz < rachel.kertz@cityofsanrafael.org > I attended last night's webinar on the 350 Merrydale Project and really appreciate the informative presentation and candid answers to questions. The focus on answering community questions and responding to feedback is refreshing. I was unable to stay until the end of the meeting, and apologize if these questions were answered, but I would really like to have additional clarity about expectations for the SMART Pathway. I jogged past the site this morning, and there is currently a trail that leads directly from 350 Merrydale to the Civic Center Station and SMART Pathway. I would be grateful for answers to the following questions: (1) What are the rules in City Code or elsewhere regarding camping along the SMART Pathway? (2) What are the rules regarding loitering along the SMART Pathway in City Code, the Good Neighbor Policy, or elsewhere? (3) Who is responsible for patrolling the Pathway--particularly the section between Los Ranchitos and Civic Center Station that is not visible from the road? It's not clear to me if this will be a SMART, City code enforcement, or police function. (4) Is there a plan for patrol frequency? My understanding is that patrols are currently very limited because SMART only has a few code enforcement staff for the entire system. Many thanks for helping me and other community members understand what to expect as this project develops. Rachel https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:06 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: Deep Concern Over Merrydale Tiny Home Project and Lack of Transparency From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Wed 10/29/2025 11 :13 AM To >; Nguyen Pham <nguyen.pham@cityofsanrafael.org> Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Mr. Markman -Thank you for following up and for sharing your concerns. I understand how strongly you and other neighbors feel about this project, and I want to assure you that community input does matter which is why we're holding both the virtual and in-person opportunities to connect. In addition, community emails are part of the public record and shared with the Council and city staff so this email thread is part of that important input. The webinar last night was the first opportunity for everyone to hear directly from City and County staff about how the site will be managed, secured, and supported. The next opportunity will be the in-person Open House on Wednesday, November 6, from 5:00-7:00 p.m. at the Osher Marin JCC (200 N. San Pedro Road). Residents will be able to meet directly with staff and service providers, ask questions, and share feedback in person. You can find more information and sign up for updates on the City's project page here: www.cityofsanrafael.org/350merryda1e. I just checked and the link to the webinar isn't posted yet but it will be. If you've signed up for updates on the project, you'll know when it's been posted. I also want to acknowledge your comment about receiving a "pre-canned response." We know this topic is deeply personal and emotional for many neighbors, and while we strive to respond consistently so everyone has access to the same information, our goal is never to sound impersonal. We truly value hearing directly from residents and want to keep the dialogue open as this project moves forward. We also recognize that Terra Linda residents are feeling the impact of many new projects, and we're committed to listening and addressing those concerns as this one moves forward. The City of San Rafael will ultimately own the site and is responsible for overseeing the project and the City will continue to work closely with the County of Marin, which will serve as the lead agency for providing all case management and wraparound services. I hope you'll be able to attend the November 6th event as it's designed specifically for the kind of discussion and two-way conversation you're asking for. https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/4 11/10/25 , 5 :06 PM Best, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael C Jffh SAN RAFAEL -f//!!f§lfl THE CITY WITH A MISSION ~C.,1,1 established 1874 From: Sent: Monday, October 27, 202510:42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook To: Mayor Kate <kate .colin@cityofsanrafael.org>; Nguyen Pham <nguyen .pham@cityofsanrafael.org> Subject: Re: Deep Concern Over Merrydale Tiny Home Project and Lack of Transparency Hello Mayor Colin and Nguyen So this is moving forward regardless of community members thoughts? We have no say on it being built. Am I correct? And you have no thoughts regarding my points in my email? Just a pre canned response. Regards, Matt On Oct 27, 2025, at 10:08 PM, Nguyen Pham < Nguyen.Pham@cityofsanrafael.org> wrote: Hello Matthew: My name is Nguyen , and I joined the City's Community Services Division this summer. Nice toe-meet you . I wanted to provide some information that you may be interested in regarding the 350 Merrydale Road Interim Shelter Project. The City and County will host a virtual Community Meeting on October 28 (Tomorrow) at 6:00 p.m. via Zoom. Please join us to learn about how the site will be safely managed, staffed, and secured; how this effort builds on the success of the downtown https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/4 11/10/25, 5:06 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Sanctioned Camping Area; and how both agencies will maintain neighborhood safety, security, and cleanliness. You can register for the webinar HERE We will also host an in-person Open House on November 6 for residents to meet with staff and service providers and learn more about the 350 Merrydale Rd. Interim Shelter Project. The location (of the Nov 6 event) will be shared soon via our City newsletters, social media channels, and at the October 28 webinar. Sign up to receive email updates about the City's homelessness initiatives, including the 350 Merrydale Road interim shelter project. You will receive an email notification whenever the City posts an update to the website. Subscribe here . Our latest newsletter edition can be found here . Thank you again for reaching out and sharing your perspective. We truly value community input and look forward to continued dialogue as this project moves forward. Nguyen Pham (he/him), MPA Analyst I City of San Rafael Community Services Division From: Sent: Monday, October 27, 2025 9:52 PM To: Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org>; End Homelessness <Endhomelessness@cityofsanrafael.org> Subject: Deep Concern Over Merrydale Tiny Home Project and Lack of Transparency Dear Mayor Colin and San Rafael City Council, I am a Terra Linda resident, a father of two young children, and someone who voted for this council trusting you would represent all of San Rafael fairly and transparently. I'm writing to express serious concern over the proposed tiny home project at 350 Merrydale Road and the broader concentration of housing development in our neighborhood. While homelessness is a devastating crisis and deserves compassionate solutions, moving downtown's challenges into the Terra Linda area without meaningful public input is not thoughtful planning. It feels https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/4 11/10/25, 5:06 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook like an effort to shift downtown's challenges into our residential neighborhood The lack of transparency until now has eroded my trust in our local government. North San Rafael is already facing a heavy concentration of new housing being built: the Northgate Town Square redevelopment will add 1,422 units, including 142 affordable units, and the proposed 555 Northgate Drive project would add 200 apartments, 80% for low-income households. The Terra Linda area has already done its share for affordable housing -it's time for other parts of Marin to take responsibility rather than concentrating every new initiative here. We hope this can be resolved collaboratively. If this were Sausalito, the community might have already retained legal counsel. We raise our concerns in good faith and hope that step won't be necessary. I respectfully urge you to pause the Merrydale plan and engage in a transparent, community-driven dialogue before proceeding. Respectfully, Matthew Markman Terra Linda Resident https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 4/4 11/10/25, 5:06 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: 350 Merrydale Interim Shelter Project From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Wed 10/29/2025 11 :18 AM To Tom Van Pelt Cc End Homelessness < endhomelessness@cityofsanrafael.org > HI Mr. Van Pelt -Thank you for your email and my apologies for the delayed response. I wanted to make sure you had the most up-to-date information about opportunities to learn more and engage with the project. The virtual webinar was held on October 28 so that as many people as possible could attend and have access to the same information. A recording of that meeting will be posted soon on the City's project page here and you can also sign up to receive updates: www.citY,ofsanrafael.or@:(3SOmerrydale . We also heard clearly from neighbors who wanted an in-person opportunity for discussion, so the City is hosting an Open House on Wednesday, November 6, from 5:00-7:00 p.m. at the Osher Marin JCC (200 N. San Pedro Road). Residents will be able to meet directly with staff and service providers to ask questions and share feedback. All community emails on this topic are part of the public record and are shared with the City Council and staff, so I appreciate you taking the time to provide your input. I understand that this topic has raised frustration and concern among many neighbors, and I want to assure you that transparency and communication are very important to us. Thank you again for reaching out. Best, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:06 PM ii~ 4f~ SAN RAFAEL -if/J!!f§lfl THE CITY WITH A MISSION .Lii,U/ established 1874 ~- From: Tom Van Pelt Sent: Thursday, October 23, 2025 2:59 PM Subject: 350 Merrydale Interim Shelter Project Dear Mayor Colin, Councilmembers, and City Staff, 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook As a resident/property owner of neighborhood of San Rafael I respectfully but firmly request the October 28th meeting regarding the 350 Merrydale Interim Shelter Project to be held in person. A Zoom presentation without in-person community involvement is not acceptable . Our community has been failed by our elected officials. We are a community of hardworking, taxpaying citizens who voted many of you into your positions because we believed you to be the best voice for our interests . Your civic duty is not being upheld with closed door dealings and secretive planning. To reiterate, the October 28th Zoom regarding the "Merrydale Interim Shelter Project" must be offered in person and via web, with a translator for our Spanish speaking residents to include all citizens and truly bring this discussion to the table for the first time. Respectfully, Tom Van Pelt https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:07 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook FW: Proposed tiny home dump on our neighborhood From City Manager's Office <City.Manager@cityofsanrafael.org > Date Wed 10/29/2025 11 :31 AM To End Homelessness <endhomelessness@cityofsanrafael.org> Lauren Schwartz I City of San Rafael Executive Assistant City Managers Office Office 415.485.3056 Lauren.Schwartz@cityofsanrafael .org -----Original Messaqe ----- From: Jeanne Mann Sent: Wednesday, October 29, 2025 11 :21 AM To: City Manager's Office <city.manager@cityofsanrafael.org > Subject: Proposed tiny home dump on our neighborhood I'm writing in disgust at the flagrant abuse of the good faith of people who live in this well established residential neighborhood. First, we are dumped on with multi -story, high density housing at the Northgate Mall site, a project that will upend the peace and quiet of our neighborhood for years during the construction, and add to congestion, traffic and parking issues ongoing. That project morphed into a behemoth of relative high rises in a neighborhood of mostly single family homes or two-storey residential homes, thus changing the character of the entire area and adding to our population exponentially. Now, adding insult to injury, you propose dumping tiny homes for homeless people in our area , too. Of course, this is just a prelude, you say, to permanent housing to be built -whenever. Enough! We have suffered along with the homeless problem for years . We still see filthy campsites around our neighborhood. We still see https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:07 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook wandering people under the influence of drugs or alcohol while our young people are going to and from school. There are other areas in San Rafael where the homeless population can be better served and housed. For example, on Anderson by Sprouts. Downtown San Rafael has services available and stores for food and other necessary items. The only neighborhood that keeps getting dumped on for all the ugly, invasive and huge changes in the character and desirability of the neighborhood is ours. I think we have shouldered our fair share of the housing burden several times over already. I hope you get massive pushback from the community about this additional effort to turn our neighborhood into the low income/homeless dumping ground of San Rafael. I hear from my neighbors already that they are angry and disgusted by this abuse of our good nature. I doubt you will listen to us; listening doesn't seem to be a strong suit when it comes to such issues. You are making San Rafael a place to be from, not a place to go to, and after 35 years of living here and seeing the changes, I know what I'm talking about. In disgust, Jeanne Mann https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:08 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: Proposed Homeless shelter project 350 Merrydale Road From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Wed 10/29/2025 12:39 PM To >; End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey Cc Carl Tregner >; Jennifer Wright Hi Lisa -Thank you for taking the time to write and share your thoughtful letter. I can tell from your message that you care deeply about our community and also about doing what's right for people experiencing homelessness. I truly appreciate that balance of compassion and concern as it's exactly the kind of dialogue that helps shape our collective approach. I also want to assure you that I am committed to ensuring this project will have no negative effect on the surrounding neighborhood. The interim shelter at 350 Merrydale Road is designed to be a safe, well-managed, and fully supported site that will help reduce unsheltered homelessness while maintaining the stability and character of nearby residential areas. If you haven't already, I encourage you to read through the info on the city's webpage that includes FAQs. You can also sign up to receive updates: httRs://www.citv.ofsanrafael.org/interim- shelter-site-at-350-merr:v.dale-road/ Last night the city held a virtual community meeting which will be posted soon if you wanted to watch it. In addition, the City will be hosting an in-person Open House on Wednesday, November 6, from 5:00-7:00 p.m. at the Osher Marin JCC (200 N. San Pedro Road). This event will allow residents to meet directly with City and County staff, service providers, and safety partners to ask questions and learn more about how the site will operate. All community emails on this topic are part of the public record and shared with the City Council and staff, so thank you again for adding your voice to the conversation. Warmly, Kate P.s. I removed Supervisor Sackett's email from the thread as she is at the County and not the city. In case you want to include her on future emails, she can be reached at mary.sackett@marincounty.gov https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25 , 5:08 PM Kate Colin (she/her/hers) Mayor, City of San Rafael s 4{~ SAN RAFAEL -ff/!§,0 THE CITY WITH A MISSION .i_t,1 established 1874 From: lisa tregner > Sent: Tuesday, October 28, 2025 2:45 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook To: Mayor Kate <kate.colin@cityofsanrafael.org>; mary.sackett@cityofsanrafael.org <mary.sackett@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org> Cc: Carl Tregner >; Jennifer Wright Subject: Proposed Homeless shelter project 350 Merrydale Road October 28,2025 San Rafael City Council 1400 Fifth Avenue San Rafael, CA 94901 Dear Mayor and Members of the City Council, My name is Lisa, and I have been a resident of San Rafael for over forty years and have seen our city grow and change in many ways, which has not always been positive or helpful to Marin County residents. I'm writing to express my concern about the proposal to place a homeless shelter in or near our neighborhood. Please know that my concern does not come from a lack of compassion. I fully support efforts to provide housing and resources for those in need. However, I believe this particular location is not suitable for such a facility. Our neighborhood is a quiet, family-oriented community with many seniors and young families. Children often ride their bikes or walk to school here. and parents feel comfortable letting them do so because of the safety and calm we've enjoyed for years. Introducing a high-traffic facility like a shelter could change that feeling of safety and make parents more hesitant to let their children move freely around the neighborhood. In addition,..Many of us walk daily, and we value the peaceful environment we've built tog~ https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGSIL8HAA ... 2/3 11/10/25, 5:08 PM 350 Merrydale General and Webinar Questions -Nguyen Pham-Outlook There are also concerns about declining property values and the potential loss of the stability that long-time residents depend on. At our age, peace of mind and security mean everything . I believe San Rafael should continue to support the homeless community -but in a location better suited to provide access to transportation, medical care , and social services. A small residential neighborhood is simply not designed for that purpose. I respectfully urge the City Council to reconsider this proposed location and to work with the community to find a site that serves everyone's best interests. Thank you for your time, understanding, and commitment to keeping San Rafael a safe and welcoming city for all. Sincerely, Lisa Tregner Long-time San Rafael Resident https://outlook.office365.corn/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09AAGSIL8HAA... 3/3 11/10/25, 5:25 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: Homelessness From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Wed 10/29/2025 1 :39 PM To saar harel Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Saar -Thanks for reaching out and for taking the time to share your thoughts. I understand your frustration and share your desire to see real, measurable progress in addressing homelessness. It's a complex issue, and we all want approaches that create real change for both those in need and the broader community. The 350 Merrydale project is exactly that kind of innovative step forward. It's not a traditional shelter but a supported interim housing village as it's developed in partnership with the County of Marin and endorsed by the State's Housing and Community Development Department as a best-practice model for transitioning people from encampments into stable housing. Each cabin provides privacy, safety, and dignity, paired with on-site services and case management to help residents rebuild their lives. And while it can feel like we're not making progress, Marin County has made tremendous strides. More than 1,000 chronically homeless residents -the hardest to house -have been successfully housed, and 95% have remained housed. Those are remarkable results. The County is also on track to end veteran homelessness this year, a milestone few regions in California have reached. You can see the latest data and outcomes here: htt12s://hhs.marincounty.:gov/divisions/homelessness-and-coordinated-care/see-current-data The Merrydale project builds on that success by creating a safe, supported place for people currently living in encampments to stabilize while permanent housing continues to come online. This model has worked in other California communities, and I'm confident it will here too. Thank you again for engaging. I truly believe we all want the same thing-a compassionate, effective, and community-centered approach that helps people move forward and keeps San Rafael safe and welcoming for everyone. Warmly, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25 , 5 :25 PM m Jffh SAN RAFAEL -,f/!!§ft THE CITY WITH A MISSION ..LOU established 1874 From: saar harel Sent: Wednesday, October 29, 2025 12:17 PM To: Mayor Kate <kate .colin@cityofsanrafael.org> Subject: Homelessness Hello Mayor, I hope your week is going well there . 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook My neighbors have told me that we are opening up a homeless shelter in Terra Linda. 65 tiny homes at the cost of 8 million just for the land . We also have the sanctioned homeless camping area with tents in the industrial zone . Which after a year has only managed to house 8 people . My wife sat on the call and asked why citizens were blindsided and she was told it was because we would have issues . Then she asked why not find a location where costs are not so high and was told she should have empathy and compassion. I am really struggling to follow the logic in Marin. We have a jail, San Quentin which houses 3100 non Marin prisoners on the best real estate in the bay. We have a tent city in an industrial zone . We will now have tiny home settlement on 8 million USD land. Now, don't get me wrong . If this was delivering results. I'd take it. But I looked up. The PIT report says in 2017 we had 1,117 people experiencing homelessness https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/3 11/10/25, 5:25 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook The PIT report says in 2024 we have 1,090 persons experiencing homelessness in Marin County All this spending. After we added the Coordinated Entry system in 2017 and all we can show is 27 people less after 7 years. Might be time for something new. There is an article in the NYtimes for a new solution in Utah. I know it is supported by the person who we don't name but it has logic and is not the same thing that has not seemed to work over the past 7 years. Well, thank you for reading this and enjoy the week. https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/3 11/10/25, 5:25 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: 350 Merrydale Interim Shelter Project From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Wed 10/29/2025 1 :45 PM To Tom Van Pelt Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Mr. Van Pelt -Thanks for following up and for taking the time to attend the virtual meeting -I appreciate how engaged you and your neighbors have been. I wasn't able to join live, but I've since watched the full webinar and am continuing to stay closely involved in this process. I share your interest in getting clear, detailed answers to the many questions raised, and I've asked staff and the County to ensure those responses are posted publicly so everyone has access to the same information. I've included the 'endhomelessness' email on this response so your concerns are part of the public record and you can also email them directly with additional questions. The upcoming November 6 in-person meeting at the JCC will be another important opportunity for residents to share input and hear updates directly from County and City staff. I encourage you to keep the questions coming and the more specific and constructive they are, the better we can make sure they're addressed on behalf of the community. Thanks again for staying engaged. Kate Colin (she/her/hers) Mayor, City of San Rafael ~~4" ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~(JJ established 18 74 From: Tom Van Pelt Sent: Wednesday, October 29, 2025 11:30 AM https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/4 11/10/25 , 5 :25 PM To: Mayor Kate <Kate.Colin@cityofsanrafael.org> Subject: Re: 350 Merrydale Interim Shelter Project Mayor Colin, 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Thank you for getting back to me. I was able to attend last night's virtual meeting with 200 of my neighbors. I am sure that I won't be the first to tell you that the meeting did not alleviate our collective concerns -which are many and varied . It seems you were unable to join yesterday's meeting. I would strongly encourage you to engage with us personally on this Project, including at the November 6th meeting next week at the JCC. I remain very concerned that the City is trying to fast track this Project without meaningful engagement with the San Rafael residents who will be most impacted. Sincerely, Tom Van Pelt On Wed, Oct 29, 2025 at 11 :18AM Mayor Kate <Kate.Colin@citY.ofsanrafael.org,> wrote: HI Mr. Van Pelt -Thank you for your email and my apologies for the delayed response . I wanted to make sure you had the most up-to-date information about opportunities to learn more and engage with the project . The virtual webinar was held on October 28 so that as many people as possible could attend and have access to the same information. A recording of that meeting will be posted soon on the City's project page here and you can also sign up to receive updates : www.citv.ofsanrafael.org/350merrv.dale . We also heard clearly from neighbors who wanted an in-person opportunity for discussion, so the City is hosting an Open House on Wednesday, November 6, from 5:00-7 :00 p.m . at the Osher Marin JCC {200 N. San Pedro Road). Residents will be able to meet directly with staff and service providers to ask questions and share feedback. All community emails on this topic are part of the public record and are shared with the City Council and staff, so I appreciate you taking the time to provide your input. I understand that this topic has raised frustration and concern among many neighbors, and I want to assure you that transparency and communication are very important to us. Thank you again for reaching out. https ://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/4 11/10/25, 5:25 PM Best, Kate Kate Col i n (she/her/hers) Mayor, City of San Rafael •~'" 4f~ SAN RAFAEL l 'fl!!f§'lil TH E CITY WITH A MISS ION a,(J) established 1874 ~~',II From: Tom Van Pelt Sent: Thursday, Oct obe r 23, 2025 2:59 PM Subject: 350 Merrydale In t erim Shel t er Pro j ect Dear Mayor Colin , Councilmembers , and City Staff, 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook As a resident/property ow ner of neighborhood of San Rafae l I respectfully but firmly request the October 28th meeting regarding the 350 Merrydale Interim She lter Project to be held in person . A Zoom presentation w ithout in-person commun ity involvement is not acceptab le. Our community has been failed by our elected offic ials. We are a commun ity of ha rdwork ing , taxpay ing citizens w ho voted many of you into your posit ions because w e believed you to be the best vo ice for our interests . Your c ivic duty is not be ing upheld w ith closed doo r dea lings and secretive plann ing . To re iterate , the Octobe r 28th Zoom regarding the "Merrydale Interim Shelter Proj ect " must be offered in person and via web , with a translato r for our Spanish speaking residents to include all citizens and truly br ing this d iscuss ion to the table for the fi rst time . Respectfully, Tom Van Pelt I https ://oullook .office365 .com/ma il/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTl zLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/4 11/10/25, 5:25 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Tom Van Pelt https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 4/4 11/10/25, 5:26 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook 350 Merrydale From Helen Young Date Wed 10/29/2025 10:48 PM To End Homelessness <endhomelessness@cityofsanrafael.org> Hello, What were the alternative 20 site locations considered? It was mentioned on the Zoom call that the list would be posted today but it's not there. Thanks, Helen Young San Rafael resident https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:26 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Concerns Post 10/28 Webinar From Astrid Date Thu 10/30/2025 2:44 PM To End Homelessness <endhomelessness@cityofsanrafael.org> Good after Daniel , Thank you for sharing additional information at Tuesday's webinar. I was disappointed that the questions felt pre -selected and looked like answers were being read from a script. Many important questions re: available data for sexual assault, domestic violence, and general assault were not being answered . I work from home, am home alone a lot, and have two children under 14 -I am concerned . And I know you would be too if you were part of this community. What I found most disturbing -the response to the questions around participants that are either kicked out of the program or decide to leave. A very hands off response stating that they are adults and will move -essentially stating it's a free world. Yes, yes it is. But in our neighborhood, with aging facilities, assisted senior housing, child care centers -this is not the location for these adults to be roaming around. I ask that this project be delayed and a new location be found -one away from family -centered neighborhoods. I look forward to a receipt of this email. Astrid Zometa Resident of the Meadows in San Rafael https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:27 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook 350 MERRYDALE zoom meeting From Dan Dudley Date Thu 10/30/2025 2:59 PM To Mayor Kate <kate.colin@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; mary.sackett@marincounty.gov < mary.sackett@marincounty.gov>; End Homelessness <endhomelessness@cityofsanrafael.org>; Micah Hinkle < micah .hinkle@cityofsanrafael.org > Hello, Mayor especially, I know you are probably sick of hearing from people regarding this issue. Unfortunately this issue is making people in the surrounding Merrydale neighborhood sick as well. This issue is already affecting peoples sleep, family lives, and productivity at work. People are legitimately worried and concerned about the project, and questions are not being answered by the local government which creates an uneasy feeling for the community. I have not followed your career trajectory or your current staffs prior projects, but I feel as though this project is being handled very poorly. For one, members of your staff at both meetings I have witnessed regarding this issue address the fact that the surrounding community and their input and feelings are important and will be considered. The community has overwhelmingly been telling your staff to pause, because numerous questions and concerns are being risen about the project and location of the project. Some residents were generally curious about the project and wanted to know more information, some residents were against the project for various reasons, and some residents were optimistic about the project. However, with the way this has been handled the no 's are still a no, the maybes are now a no, and the optimistic have become an I really don't know. Residents in the surrounding area are gradually finding out about this project and resentment towards the city counsel is growing, not fading . The zoom meeting which occurred a couple of nights ago was even more eye opening and appalling. All of the neighbors I have spoken with regarding 350 Merrydale feel worse about the project every time the city releases more information. The questions people want answers to are skirted around and commonly steered in another direction. For example there was a very direct question about crime in the area of the existing encampments compared to crime currently in the Merrydale area ... The question was addressed by a lieutenant of police with the answer of crime is down in the Mahon area from what it used to be ... what is that? That wasn't the question. How much crime was there? Because there is obviously still crime there and in the surrounding areas . There are numerous examples like this I could address. I'm not really sure what the city is missing on this issue in regards to public opinion, but it sinks lower and lower by the day. Did you know https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:27 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook that people in the surrounding area are still uninformed about the project? I honestly don't think you care about public perception or the feelings of the community at this point. Being appointed to mayor you were chosen by the people to serve and help the people. I hope you aren't completely detached from reality and can see that the same people who elected you and put their trust in you are repeatedly asking you to reconsider this project location. I know the money is allocated for this project and it needs to be used. No one is trying to stop this project, but the location is not optimal for a variety of reasons. -proximity to a neighborhood residents of the proposed site will have to traverse -proximity to numerous daycare facilities -proximity to numerous elderly care facilities -distance to public transportation and downtown resources -crime being brought to a neighborhood, that has very low crime -mental instability and criminal history of residents brought to an area with young children and the elderly If you don't take away anything else away from this email, I just want to say the issue from the majority of people I have spoken with in the surrounding area is not with homeless people themselves, residents understand they need care and an extra boost to get on their feet. But to many the safety and security issues that will be brought to the neighborhood are an unnecessary risk for the families, children, and elderly in the current area. I know your administration realizes this is an issue because of the frequency of medical and police calls to the current Mahon and Anderson site. I could go on for days about this issue, but in the interest of everyone's time, I will go about my day. Thank you A concerned San Rafael citizen Sent from my iPhone https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:27 PM Outlook Follow up on Tuesday's commitments From Maryellen Mullin Fong Date Thu 10/30/2025 9:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook To Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Sackett, Mary <Mary.Sackett@marincounty.gov>; Mayor Kate < kate .colin@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org > Cc Dear Mayor Colin, Ms. Bushey, Mr. Cooperman, and Ms. Sackett, During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed sites would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale. In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers to-yet it was repeatedly mentioned throughout the Zoom call. This is public information, and withholding it only deepens community concerns about transparency. We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data, yet it was again deferred by the Lieutenant during the meeting. Frankly, our community is growing weary of elected officials holding closed door discussions and limiting public access to essential information. These decisions affect all of us, and we expect open communication, not secrecy. Until transparency and accountability are restored, you no longer have my vote or trust. Res pectfu I ly, Maryellen Mullin Fong - https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:27 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook https ://oullook .office365 .com/mail /AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:28 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Tiny Homes -350 Merrydale Rd. From Rick Swanson Date Fri 10/31/2025 12:58 PM To Maribeth Bushey < Maribeth.bushey@cityofsanrafael.org >; Mary.Sackett@marincounty.gov < Mary.Sackett@marincounty.gov>; Mayor Kate < kate .colin@cityofsanrafael.org >; End Homelessness <endhomelessness@cityofsanrafael.org >; B0S@MarinCounty.gov < B0S@MarinCounty.gov> Dear Mayor Colin; Ms. Sackett; Ms. Bushey, Mr. Cooperman and Marin County Board of Supervisors: I am writing to your regarding the Tiny Home proposal at 350 Merrydale. As a long time resident of San Rafael Meadows. My grandparents were original owners and we have had 4 generations living in this neighborhood. San Rafael is supposed to be "The City with a Mission" and I feel that the City has failed the residents of this neighborhood and surrounding areas. We were blindsided with the proposal. Brochures were given to a few homes but most of the residents found out via NextDoor after the fact. This entire process has been done in secretly with absolutely no input from surrounding neighbors. It appears that you do not represent the people who voted you into office, you obviously have some other political motivation which is disgusting. We should have been informed at the beginning of the process so that we could have taken an active part from the start. The zoom meeting on 10/28 was supposed to be informative, only easy questions were answered with many of the more important questions being ignored. This was a controlled zoom call with many of the speakers unprepared, passing on important questions and just unprofessional. We were told that the list of 20 sites that were looked at for the project would be published on your website. As of this morning I can not locate it. This is a community with many young children playing in the neighborhood, seniors walking the neighborhood and statistics regarding crime from current encampments went unanswered. If the proposal of 65 Tiny Homes was recommended in YOUR neighborhood how would you feel? I urge you to postpone the vote or find another area. Sincerely, Rick and Teri Swanson https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:28 PM Outlook Re: 350 Merrydale Road CHALLENGE From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Fri 10/31/2025 2:35 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook To Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli Hill <eli .hill@cityofsanrafael.org>; Maribeth Bushey <man et . us ey@c1tyo sanra ae .org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org> Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Janice -Thank you for taking the time to write and for sharing your perspective after so many years in Rafael Meadows. I can tell how much you care about your neighborhood and understand that many residents are feeling uneasy and even frightened about what this project might mean for the area. The Council and staff are familiar with the site and the surrounding community but appreciate you highlighting the aspects that you want to be sure are recognized. Your input is important and I've included the appropriate staff email on this response, so your comments are part of the public dialogue. Warm regards, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael ~~~ ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~(JJ established 1874 From: Sent: Friday, October 31, 2025 11 :17 AM To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli Hill <eli.hill@cityofsanrafael.org>; Maribeth https ://oullook .office365 .com/mai l/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25, 5:28 PM 35 0 Me rrydale Ge neral an d Webin ar Questio ns -Nguyen Pha m -Outloo k Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org> Subject: 350 Merrydale Road CHALLENGE Dear Mayor and Councilmembers, I have lived in Rafael Meadows for over 41 years now. I worked to now retired and my husband and I were hoping to continue living in our won Office for 30 of those years. I am m our retirement. 350 Merrydale Road, San Rafael, is the selected site to house 65 people in Tiny Homes. It is on your agenda for a vote of approval on November 17. Besides the strong request from the our community to delay this vote, I personally have a challenge for each of you . I know some of you were there on October 15th celebrating your vision of housing for the homeless. But ... MY CHALLENGE TO EACH OF YOU: Drop by 350 Merrydale Road , park your vehicle and take a short walk in any direction. Come by yourself, as a group, incognito, or with a friend. We're just on the other side of the freeway. By the way, how was the parking? Northbound: You will have to go on a one-to three-foot wide dirt path with tall weeds to go under the freeway to get to Civic Center Drive or get to the train. This "pathway" has been slated to become a Safe Schools route to the east side of US 101 for children to get to school. So now what happens with the children? Eastbound and slightly south: Cyclone fences. Southbound on Merrydale or veer over to Redwood Highway: Apartments, businesses , The Vincent (senior-assisted living), restaurants, a gas station and finally a bus stop. Westbound: Rafael Meadows. A neighborhood of 200 homes that was built like a racetrack with only two vehicle entrances. We do not have sidewalks but there is little traffic because it is a contained neighborhood. It is a very safe place to walk and allow children to play in the street. Rafael Meadows still retains much of its 1950's charm. Each of our homes has a porch to enjoy. We have many neighborhood activities throughout the year: Easter Egg hunt, Ice Cream Social , Summer BBQ , and Holiday Party with Santa and a hors~riven carriage to the delight of both children and adults. And, of course , Halloween is very popular. We welcome children from outside our neighborhood because it is a flat area and very safe to trick or treat. As we were told the other night at the San Rafael City Council webinar, this Tiny Homes project is simply for housing. It is not going to be a "safe living environment" where the use of drugs and alcohol are cause for removal. Alcoholics and addicts need some type of restraint or they will continue using. And if they are not allowed to use .Q!1 the property, we are so frightful that their habits and behavior will spill over into our neighborhood. Feel free to respond to me once you've completed my challenge. I think you need to see upfront why Rafael Meadows is so frightened. https://outlook.offi ce 365.com/mail/AAMkAGRINWZmMmRiLWM2Nj ltNDVm Yi04YllzLTY4Mj UyMj E4MzE1MgAuAAAAAABoASa2N Qa CRowHB XZuz EYXAQDKvfbGW oUAQ 6Sq JpC 5neO9AAGSIL8H AA ... 2/3 11/10/25, 5:28 PM Sincerely, Janice Hughes 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/3 11/10/25, 5:29 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: 350 Merrydale Drive Project From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Fri 10/31/2025 2:46 PM To Emily van Nierop Keats Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Emily -Thank you for taking the time to write and share your concerns. I completely understand how being blindsided by this project doesn't feel good, and I appreciate the thoughtful way you've expressed your questions. The goal of the 350 Merrydale proposal is to provide temporary interim cabins with onsite support services in a structured and accountable setting. This approach gives people a safe place to stabilize while also ensuring clear behavioral expectations and 24/7 staffing. Regarding housing distribution, San Rafael has a state-approved Housing Element -a plan required by state law -that identifies sites throughout the city for all types of housing: market-rate, workforce, affordable, and supportive. Terra Linda is one part of that citywide strategy, but not the only focus. I've also heard concerns about transit and student safety. The City doesn't control school bus service, but the schools continual coordinate closely with Marin Transit, which already serves residents across San Rafael. And like all the bus routes managed by Marin Transit, they are committed to ensuring routes and stops near Merrydale remain safe and well managed. We'll continue updating the online FAQ with answers to questions like yours, and there's an in-person open house on November 6 from 5 - 7pm at the JCC where you can speak directly with staff and service providers. I've added the appropriate staff email to this thread so that your questions and concerns can be part of the public record and included in the FAQs. Thank you again for staying engaged and sharing your perspective. Warmly, Kate Kate Colin (she/her/hers) https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25, 5:29 PM Mayor, City of San Rafael m Jffh SAN RAFAEL -flJ!!§A THE CITY WITH A MISSION ..I..OIJ established 1874 From: Emily van Nierop Keats Sent: Wednesday, October 29, 2025 6 :25 PM To: Mayor Kate <kate.colin@cityofsanrafael.org> Subject: 350 Merrydale Drive Project Hi Kate, 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook I am a resident of Terra Linda and I wanted to reach out and express my concerns about the 350 Merrydale Drive Project. I appreciate your efforts to tackle this difficult issue, but I feel blindsided by how this project was suddenly presented to the community, with no opportunity for our input or any room for compromises. The character and access to public transportation of downtown San Rafael is clearly distinguishable from Terra Linda. Moving 65 unhoused individuals from the Mahon Creek encampment may change the nature of our small neighborhood, but that doesn't mean I completely oppose the project. My neighbors and I would be more willing to embrace this project if the process were more collaborative, offered concrete answers to our concerns and offered more transparency. For example, I'm curious why more low income housing is being slated for our small neighborhood when we are already planning to add many low income units into the neighborhood with the Northgate Mall revitalization . Is the proportion of this kind of housing in TL proportionate to the amount being built in other towns within our county? If not why? I'm also curious if the town will offer school buses again for middle school students? From what I understand the public bus system is now being utilized by middle schoolers since there are no district provided school busses . Given last nights conversatin it's apparent that the residents of these tiny homes will relly on the public transit system. Can a more rigorous vetting process be provided for applicants given access to this location and can a more concrete plan for supporting them to be successful with any mental illness or substance abuse needs be put in place other than just a voluntary check in system? It seems irresponsible for a community to have a city-created sitution (no school busses) and no plan for how to keep minors safe given the inevitable interaction the residents and our minors will have. How can we address this issue without taking away needed funds that our schools need? These are the types of compromises and discussions the neighborhood expected to have, and deserves . https://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3 11/10/25 , 5:29 PM 350 Merrydale Genera l and Webinar Questions -Nguyen Pham -Outlook I strongly urge you to host a public comment period for this project so those of us in the community with questions can feel a part of this process. Thank you for your time. Emily Emily Keats https ://outlook .office365 .corn/mail/MMkAGRJNWZmMmRiLWM2NjltNDVmYi04YTlzllY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9MGSIL8HM... 3/3 11/10/25, 5:30 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: New Interim Shelter Site at 350 Merrydale From Daniel Cooperman < Daniel.Cooperman@cityofsanrafael.org > Date Fri 10/31/2025 3:04 PM To Fl Flooring & Design Cc Nguyen Pham <nguyen.pham@cityofsanrafael.org> Hi Mr. and Mrs. Ozbek, Thank you for taking the time to email your concerns. And we certainly understand your concerns and frustration. Your comments are added to the public record and will be shared with the city council. I do want to invite you to the in-person community meeting we are holding next week on November 6th from 5-7pm. Below, I am including details for the meeting. This is an opportunity for constituents to be able engage and have any questions and concerns. SESION INFORMATIVA COMUNTTARIA REFUGIO PROVISIONAL DE 350 MERRYDALE RD 0 .,,,._ .. '" ·--NS.•-IW. ~ .. r.,.. ....... ,ar;a"t • v• ._...,,....,, ,Pnw,1•1•• Ct.n·o•lrj..-r ~ C•nrlCc•"lJ:ATJU'l .a l"01t"1~\-"M!,Wlllh<~• 111,•~<"l Daniel Cooperman I City of San Rafael Community Services Division Director https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25 , 5:30 PM 1400 sth Avenue, Room 203 San Rafael , CA 94901 415.256.5565 Daniel.CooP-erman@citY.ofsanrafael.org_ SAN RAFAEL THE CITY WITH A MISSION From: Fl Flooring & Design Sent: Wednesday, October 22, 2025 9 :29 AM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook To: Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org> Cc: Nguyen Pham <nguyen.pham@cityofsanrafael.org> Subject: New Interim Shelter Site at 350 Merrydale Good afternoon Mr. Cooperman, Wishing this email finds you well. This is Monica and Hikmet Ozbek, owners of Fl FLOORING & DESIGN located at 3767 Redwood Hwy. -San Rafael, CA 94903. Mr. Nguyen Pham visited us days ago to let us know about the City plans to purchase an abandoned property located at 350 Merrydale Road, just down road from our business with the purpose to build a transitional housing for homeless people. Although the purpose of this plan might be good, we , as well as other business owners and residents in the area, are not happy with this unilateral decision from the city. Even more, we are concerned about the security of our businesses. In the last couple of weeks, the amount of homeless people wandering around have increased, with some of them coming inside our showroom more than once scaring our clients away. These plans should have been consulted with all the parties affected by them: residents and business owners. This is not a light subject where the city gets to decide and just inform us about it when it is obvious than the consequences are not going to be good for us. The flyers "explaining" this decision, express that this "will bring more business " to us, but we don't think that is very accurate when the people we see around are not typical clients for mostly all the business in this area (flooring store, painting, window, and pool services, etc.). https://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3 11/10/25 , 5:30 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook We respectfully ask the city to reconsider this decision and relocate this project to a better place where residents and businesses can 't be affected. Look i ng forward to your rep ly. Cord ially, Monica Ozbek Fl Flooring & Design, Owner ~Dflooring _ 'I & (J)est{Jn 3767 Redwood Hwy San Rafael, CA 94903 htti:2://www.fiflooring.com Check us out on YelR. Follow us on lnstagram / Facebook I Linkedln https ://oullook .office365 .com/mail/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTl zLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 3/3 11/10/25, 5:30 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outlook Re: 350 Merrydale Project From Daniel Coo pe rman < Daniel.Cooperman@c ityofsanrafael .org> Date Fri 10/31/2025 3:33 PM To End Home lessness <endho melessness@cityo f sanrafael.org>; Maribeth Bushey <man et . us ey@c1tyo sanra ae .org>; Nguye n P am <Nguyen.Pham@cityof sanrafae l.o rg>; Mayor Kate <kate.co lin@cityofsan rafael.org>; Mary.Sackett@marincounty.gov <Mary.Sackett@marincounty.gov> Hi Mr. Phelps, Please see responses in red to your questions: Can you clarify the services to be provided as part of the homeless shelter at 350 Merrydale -my question is around access to these services . Will these services only provided to those living on-site? Yes, the services offered will only be to residents on-site. If yes to above, then you plan to deny others seeking the same services if they don't live on-site? In San Raphael and Marin County, there simply isn't enough services for those in need. This is not unique to our jurisdiction. The proposed interim shelter was designed to increase capacity for those unsheltered within the City. There have been significant cuts at both the state and federal level which makes it even more challenging to provide services to everyone who qualifies. Staff continues to identify any potential funding opportunities to further augment service delivery to those who do not qualify for this proposed project. If not, and services will be provided to all-how will this be managed by service providers and agencies? There is an list of potential residents that was developed when the County of Marin and City of San Raphael applied and was awarded money from California Housing & Community Development's Encampment Resolution Fund. These are i mP-ortant P-Oints that need clar ification. When can we expect mean i ngful d ialogue w ith city officials around the over 300 questions submitted prior to the recent Zoom presentation and the many more submitted throughout the call? Also the 11/6 meeti ng is just a drop in now? Again, feels like there's no appetite fo r dia logue and collaboration with your constituents. Th is needs to happen before any vote o r decision on the proposal. Please pause the vote. The in-person meeting next week is being designed to allow for more dialogue between constituents, elected officials, City & County staff, and service providers. We look forward to seeing you there next week for a fruitful conversation. https ://outlook .office365 .com/mail/AAMkAGR INWZmMm RiLWM2NjltNDVmYi04YTlzLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/4 11/10/25, 5:30 PM Thank you, Daniel Cooperman I City of San Rafael Community Services Division Director 1400 sth Avenue, Room 203 San Rafael, CA 94901 415.256.5565 Daniel.Cooperman@cityofsanrafael .org ~ SAN RAFAEL ~ THE CITY WITH A MISSION From: Sent: Thursday, October 30, 2025 6 :58 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook To: End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth .bushey@cityofsanrafael.org>; Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>; Nguyen Pham <Nguyen.Pham@cityofsanrafael.org>; Mayor Kate <kate.colin@cityofsanrafael.org>; Mary.Sackett@marincounty.gov <Mary.Sackett@marincounty.gov> Subject: Re: 350 Merrydale Project Hi again, Can you clarify the services to be provided as part of the homeless shelter at 350 Merrydale -my question is around access to these services. Will these services only provided to those living on-site? If yes to above, then you plan to deny others seeking the same services if they don't live on-site? https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/4 11 /10/25 , 5:30 PM 350 Merrydale Ge neral and Webinar Quest ions -Nguyen Pham -Outlook If not, and services will be provided to all-how will this be managed by service providers and agencies? These are imP-ortant P-Oints that need clarification. When can we expect meaningful dialogue with city officials around the over 300 questions submitted prior to the recent Zoom presentation and the many more submitted throughout the call? Also the 11/6 meeting is just a drop in now? Again, feels like there's no appetite for dialogue and collaboration with your constituents. This needs to happen before any vote or decision on the proposal . Please pause the vote. Thank you, Carter Carter Phelos On Oct 19, 2025, at 7:03 PM, Team, wrote: I've emailed and called over this matter. Mary thank you for listening today. I think the following points summarize some of what I'd like shared more widely: 1 The community demands transparency regarding the project's process, as it has not followed normal procedures, and residents feel intentionally shut out from discussions and decisions 2 Residents request an immediate pause or suspension of any votes on the project to allow for meaningful community engagement and input before decisions are finalized. This would be a good faith effort to reestablish trust with our community 3 The neighborhood requires an in-person roundtable meeting with city officials for a meaningful dialogue, as current communication methods like limited public comments or Zoom calls are insufficient 4 There are significant concerns about the project's impact on neighborhood safety, sanitation, and potential overflow effects, which need to be addressed with clear plans and mitigation strategies 5 The community lacks crucial information regarding the project's specifics, including property ownership status, unit design, and the provision of essential services, and demands clarity on these details https://outlook.office365.co m/m ail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4Mj UyMj E4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 3/4 11/10/25, 5:30 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook A Zoom call on 10/28 is not sufficient. There has been zero communication, bilingual outreach or involvement of our community up to this point. We need corrective action now. Thank you, Carter https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 4/4 11/10/25, 5:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Formal CEQA Study Request -Merrydale Property From Mark Allen Date Sat 11/1/2025 8:16 AM To End Homelessness <endhomelessness@cityofsanrafael.org> Cc Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>; Scott Emblidge Given that the City of San Rafael is proposing the purchase of the Merrydale property and is very likely to claim a "common-sense" CEQA exemption to avoid a CEQA study, as it has done for every homeless-related ordinance to date (i.e., "It can be seen with certainty that there is no possibility of significant environmental impact"), I formally request that a CEQA study be conducted before the purchase is approved. There is limited or no pollution at the Merrydale site at the moment, along with a stream along one of its borders, and I believe there is a fair argument under CEQA that the relocation of the homeless population from existing encampments like Andersen Drive and Mahon Creek could produce significant environmental effects, including stormwater pollution and displacement impacts. Therefore, it cannot be seen with certainty that there is no possibility of significant environmental impact. Thank you, Mark Allen https ://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Public Commitment Outstanding: 350 Merrydale List of 20 Sites not yet posted on FAQ From Date Sat 11/1/2025 4 :48 PM To John Stefanski <john.stefanski@cityofsanrafael.org> Cc End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mayor Kate < kate.colin@cityofsanrafael.org >; Nguyen Pham < nguyen.pham@cityofsanrafael.org >; Daniel Cooperman <daniel.cooperman@cityofsanrafael.org > Dear John, I am writing to follow up on a publ ic commitment you made during the October 28th virtua l event regarding the 350 Merrydale Property. When asked to identify the 20 other possible sites the City had considered for this project , you stated : "We have a list of these sites that we'll be able to post on our website as part of our FAQ rather than reading through the list right now, and we'll have that up for everyone later this week." It is now the end of the week, and that list still has not been posted. To summarize: • You confirmed during the event that a list of alternative sites exists . • You stated that the list would be posted on the City 's website as part of the FAQ. • You specified that it would be available "later this week." At this po i nt, the fai l ure to follow through on that comm itm ent raises legitimate concerns about transparency and accountability. Many of the nearly 200 participants in the event expressed frustration with the City's lack of openness , and th is situation on ly reinforces that perception . I understand you have been asked multiple times by ema i l for th is list this week. The public has a right to the information you promised to share. If there is a reason the list has not been posted , please expla i n it directly. Otherwise , I urge you to immediately fulfill your stated commitment and make the list of sites publicly available . I would appreciate a prompt and candid response . Sincerely, https ://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:31 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Ken Dickinson https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:31 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook 350 Merrydale plan From mark Date Mon 11/3/2025 9:39 AM To End Homelessness <endhomelessness@cityofsanrafael.org> Daniel , I am a Marin County resident and my son goes to school at Marin Academy in San Rafael. I am interested in the Merrydale Road project plan. I am concerned citizen on the issue of homelessness and mental health services in our country. I have been in commercial real estate during my entire 40-year career and w ould like to discuss th is plan and some poss ible alternative plans that I think would allow your limited funds to go further. Please call me. Thanks , Mark Cunningham https://www. citY.ofsan rafael. org/i nterim-shelter -site-at-350-merryda I e-road/ https ://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:32 PM Outlook Re: Merrydale proposal From Mayo r Kate <Kate.Co lin@cityofsanrafae l.org> Date Mo n 11/3/2025 10:4 2 A M To lil y pri ll inger > 350 Menydale Gene ral and We binar Questions -Nguyen Pham -Outlook Cc End Homel essness < endhome lessness@cityo f sanrafael.org > Hi Li ly -Thank you for taking the time to share your thoughtful message. I hear your concerns and understand how unsettling it can feel when a significant proposal like 350 Merrydale is introduced nearby. The goal of this project is to create a structured, service-supported interim housing program that helps individuals move out of encampments and into stability. I want to assure you that the project is being designed with accountability, management, and neighborhood safety at the forefront and underscore that these are shared priorities for everyone i nvolved . We're working closely with the County of Marin, which leads homeless services countywide, to ensure that both data and operational details are communicated clearly. Additional i nformation and responses to the questions raised by neighbors -such as data, public safety coordination, and site management -will continue to be added to the FAQ page as it is verified . You can also sign up to receive updates. Here 's the l i nk: httP.s://www.cityofsanrafael.org/interim-shelter-site-at-350-merrydale-road/ We also have an i n-person community open house on Wednesday, November 6, from 5-7 p .m. at the Osher Mari n JCC, where staff from the City and County will be available to answer questions and share more about the plann i ng process. I have added the appropriate city staff ema i l to this response to ensure that your i nput is heard and part of the broader public record . Thank you aga i n for reach i ng out and for express i ng your support for help i ng people i n need as it 's clear that you care deep ly about San Rafael and the well-being of your ne ighborhood. Warmly, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael https ://outlook .office365 .com/mail/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25, 5:32 PM m Jffh SAN RAFAEL -,f/!!§ft THE CITY WITH A MISSION ..LOU established 1874 From: lily prillinger > Sent: Saturday, November 1, 2025 3:01 PM To: Mayor Kate <kate .colin@cityofsanrafael.org> Subject: Merrydale proposal Dear Mayor Kate Colin, 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook As a resident of San Rafael, I am concerned about the proposed transitional housing at 350 Merrydale. The Merrydale area is not adequately planned out to meet the needs of such a complex and high risk population. While the intent behind this aspirational program may be ideologically good, the practical underpinnings are not well founded . I am deeply troubled that such a socially challenging project has been pushed upon this quiet Merrydale neighborhood with such a profound lack of discussion, inclusive leadership, transparency, or critical design. Why have officials been so deliberately obscure about the data and planning regarding this unwieldy project, which has been enshrouded in dubious details and facts? A lack of transparency is not acceptable in contemporary and inspired political practice. Merrydale residents have been repeatedly asking for crime statistics and data pertaining to the police contacts associated with the encampment on Anderson Drive in downtown San Rafael. This information needs to be shared . I understand that certain historical information, such as substance use, may be HIPAA protected, but it is important to acknowledge that substance use will be impacting this neighborhood, which is filled with young families and children. While there has been much discussed about public safety, I feel that San Rafael is knowingly placing this current Merrydale community at risk given that this neighborhood is not set up to absorb this complex population, let alone create transitional opportunities for these people who are currently unhoused . There isn't even a real grocery store nearby for people to obtain healthy food and there are not wellness or care facilities within the immediate radius. Research into the successful implementation of tiny homes underscores that such communities must be well integrated into thoroughly planned communities where a multitude of services already exist. Merrydale is more of a "bedroom Community" and residents travel via car outside the neighborhood for food and health services, as only a few fast food and fancier restaurants exist in the immediate vicinity. It does not seem that this idea is about safety; it seems more concerned with optics. Once these populations are 'housed ' (regardless of zoning or code issues or environmental impact), the unhoused population will cease to be technically 'homeless', which translates into a superficial political success, albeit a betrayal of the Merrydale communitiy's larger needs. These residents are really concerned and anxious about what the City is proposing to foist upon them. Please listen to the residents of Merrydale. https://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3 11/10/25, 5:32 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook I am extremely supportive of helping people in need, and I want to truly help people with compassion, and services, and opportunities- however, this small, quiet, family-friendly neighborhood with its multiple senior centers, daycare centers, playgrounds, schools, faith based organizations, and large areas of environmentally-sensitive open space is simply not the appropriate setting for such a high-density and ideologically-complex project. I should further state that the open space near Lincoln Hill and Boyd Park has been subject to numerous fires over the years, resulting on multiple occasions from the activity associated with the unhoused, such as smoking cigarettes, narcotics use, and the irresponsible use of incendiary material. Many residents on Lincoln Hill have already lost the ability to obtain conventional fire insurance as a result of the fire history on this hill. This environmentally sensitive area cannot sustain any more fires, intentionally or unintentionally started by acts which have been historically and factually linked to unhoused activity. Merrydale is adjacent to many areas of sensitive open space. When an unhoused person goes into transitional housing, it doesn't immediately solve problematic behaviors that may put various communities at risk. San Rafael needs to re-evaluate and listen to all its people. I applaud the city for wanting to create new opportunities for those who are struggling, however this current proposal is deeply flawed and will put this neighborhood under significant stress, which will be evidenced in higher calls for service, and emergency services. Please reconsider your adherence to this proposal until the practical planning has been clarified with well-conceived, real strategies. Sincerely, Lily Prillinger https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/3 11/10/25, 5:33 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outlook 350 Merrydale project-PAUSE From Karen M ason Date Mo n 11/3/2025 12:3 7 PM To End Homelessness <en dho m elessness@cityof sanrafae l.org> Dear Dan iel , I am writing to express my deep d isappo intment and concern over the way the 350 Merrydale project has been hand led. Many of us on ly recently learned about th is development-long after critica l dec isions appear to have already been made-and it has left our neighborhood feel i ng b li nds ided and d isregarded . This process has severely damaged our t rust i n local government. Transparency is not simply a procedu ral step; it is a reflect ion of respect for the people you represent. In this case , that respect has been absent. The secrecy surround ing the 350 Merryda le project has created a deep sense of disillus ionment and frustration among res idents who now feel excluded from dec isions that d i rect ly affect the ir lives and property. We strongly u rge you to pause this project immediately and take a hard look at how this process unfo lded . Trust cannot be rebui lt without honesty, accountab i lity, and genuine transpa rency-none of which have been demonstrated so fa r. I have long been p roud to ca ll San Rafael home, wh ich makes this loss of faith even more painful. Please pause this project immediately to resto re transparency, rebui ld t rust, and show that the voices of your constituents st il l matter. Si ncerely, Ka ren Mason https ://outlook .office365 .com/mail/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/1 11/10/25, 5:33 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outlook Re: Deep Concern Over Lack of Transparency on the 350 Merrydale Project From Mayor Kate <Kate.Co lin@cityofsanrafael.org> Date Mon 11/3/2025 3:39 PM To Kare n M aso n Cc End Homel essness < endhome lessness@cityo f sanrafael.org > Hi Karen -I hear the des i re for the City to pause, and I understand that learning about the proj ect later in the process has been frustrating. I'm confident that the questions raised by residents will be answered as part of the ongoing outreach . This includes through the FAQs, which are being regularly updated so everyone has access to the same information. htt12s://www.citv.ofsanrafael.org/interim-shelter-site-at-350- merrv.da1e-road/ I a lso want to make sure you know about the upcom i ng drop-i n community event t h is Thursday, November 6, from 5-7 p .m . at the Osher Marin JCC (200 N. San Pedro Road). It's an opportunity to speak directly with City and County staff, review site materials, and share feedback in person . I've cop ied the appropriate staff on th is response so they're aware of your message and your i nput is part of the public record . Thank you for reaching out and sharing your perspective. Warmly, Kate Kate Col i n (she/her/hers) Mayor, City of San Rafael ~~~ ~ SAN RAFAEL l~~ THE CITY WITH A MISSION ~({J) established 18 74 https ://outlook .office365 .com/mail/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:33 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook From: Karen Mason Sent: Monday, November 3, 2025 12:25 PM To: Mayor Kate <kate.colin@cityofsanrafael.org> Subject: Deep Concern Over Lack of Transparency on the 350 Merrydale Project Dear Mayor, I am writing to express my deep disappointment and concern over the way the 350 Merrydale project has been handled. Many of us only recently learned about this development-long after critical decisions appear to have already been made-and it has left our neighborhood feeling blindsided and disregarded. This process has severely damaged our trust in local government. Transparency is not simply a procedural step; it is a reflection of respect for the people you represent. In this case, that respect has been absent. The secrecy surrounding the 350 Merrydale project has created a deep sense of disillusionment and frustration among residents who now feel excluded from decisions that directly affect their lives and property. We strongly urge you to pause this project immediately and take a hard look at how this process unfolded. Trust cannot be rebuilt without honesty, accountabi lity, and genuine transparency-none of which have been demonstrated so far. I have long been proud to call San Rafael home, which makes this loss of faith even more painful. Please pause this project immediately to restore transparency, rebuild trust, and show that the voices of your constituents still matter. Sincerely, Karen Mason https ://outlook .office365 .corn/mail/MMkAGRJNWZmMmRiLWM2NjltNDVmYi04YTlzllY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9MGSIL8HM... 2/2 11/10/25, 5:34 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Homeless for me but not for thee From Ram Z Date Tue 11/4/2025 11 :39 AM To Daniel Cooperman <Daniel.Cooperman@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org>; Mayor Kate < kate.colin@cityofsanrafael.org >; D Connolly < DConnolly@marincounty.org >; MSackett@marincountv.ora < MSackett(<:i)marincountv.ora >: Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>-->; Rob Epstein < rob.epstein@cityofsanrafael.org >; Derek Johnson < Derek.Johnson@marincounty.g~~ I live on the other side of the freeway from Rafael Meadows, but drive by the disturbing Mahon Creek and Anderson encampments most days on my commute to the ferry. I have called in two early -morning fires to the Fire Dept -a huge bonfire made of pallets, and a large palm tree on fire. My brother works in the area and commutes by bike, and has been accosted by those people and has plenty of stories to tell, including the morning he went by dozens of cars with slashed tires. Obviously, no one wants to have the people who are left at Mahon/ Anderson roaming about their community accosting and assaulting people including with weapons, stealing, damaging property and trashing places, starting fires, attracting drug dealers, taking over public spaces and parks with playgrounds, picnic tables, and bathrooms, and etc. We already know what it's like here, because this degradation happened to our community when the National Guard Armory by the Civic Center Lagoon Park was used as a winter homeless shelter from 1987 to 1991. And the effects lingered in pockets long after the shelter closed, due to this area becoming known on the homeless grapevine. For example, a particularly troublesome and crime -ridden encampment ran for years at the overgrown and unmaintained PG&E property by the SMART train station. (Note on the SMART tra in -do you think I would ever consider commuting by train if I have to wait on a dark morning at an isolated station near a homeless shelter/ housing complex full of Mahon/ Anderson residents?) The fairest thing to do would be to disperse these people. First, all non -Marinites who came just for the services should be returned to their hometowns. There won't be anyone left. But if there are some liars left, please place them around the county, ideally in a tiny home next to the residence of each member of the homeless -industrial complex who is responsible for where we are now -the mayor, city and county officials, the board members of the non-profits, and the other homeless advocates championing your project. Oh, and how about 5 tiny homes in San Rafael next to the house of the City Attorney who suggested homeless camping at the Civic Center Lagoon Park a few years ago. https ://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:34 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook As was the case with the Armory, it's especially irritating to have San Rafael, who knows how bad the problem is, so eager to off-load it over the hill, and in secret, and to have people from Dominican, Marinwood, Mill Valley, Larkspur, Tiburon, etc., and even Hillsborough trying to pile on. Really, no paid spokesman from Hillsborough should be weighing in at all. Another example -the current county administrator has spent his adult life in Southern Calif, and doesn't recognize the significance of the Civic Center area like the recently retired administrator. It's extremely laughable that you emphasize how you will be passing new ordinances to further prohibit camping in central San Rafael, but will be letting camping run rampant here ("there are only a few places to camp by Merrydale anyways" -you are completely wrong!). Also, you are making a big deal about keeping security threats OUT of the homeless shelter, which will put them IN our neighborhoods instead! It's beyond ridiculous that you are pretending to solve the problem by moving it, and even worse, you're making it permanent so that we will never have an escape from the Mahon/ Anderson people, unless we move or die. You need to solve your own problem right where it is now. You must distribute the burden fairly -open your own hearts and neighborhoods to these people! You will reap the effects immediately and for many years to come. Thanks, Rami / https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:34 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outlook Request for Transparent and Accessible Meeting Format for 350 Merrydale Project at JCC From Fran k Mason Date Tu e 11/4/20251 2:27 PM To Mayor Kate <kate.co lin@cityofsa nrafae l.org>; En d Ho melessness <e ndh o m eless ness@cityofsan rafael.org> Dear Kate , When we spoke by phone, you asked how best to communicate with our ne ighborhood. I rem inded you that our commun ity includes both elderly res idents and young fam i lies. That means commun icat ion must be prov ided in written, electronic, and in-person formats - electron ic communicat ion alone is not adequate or equ itab le. Given th is, we expect that chairs will be provided for elderly res idents who w ish to attend but cannot stand for long per iods. Accessibi l ity must be ensured for all members of our community. Addit ionally, ou r experience with the recent web i nar made clea r that the fo r mat was disjointed, confusing, and ineffective for meaningfu l publ ic part ici pation. We are formally requesting a change in format for the JCC meet ing regarding the 350 Merrydale Project. Res idents must be ab le to ask questions publicly and receive full, real-time answers, not be sent from tab le to table or d i rected to individua l staff. That format prevents the commun ity from hea ring co m plete, cons istent i nformation and unde rm ines transparency. We are specifically requesting that: 1. A microphone be provided for publ ic quest ions . 2. All relevant staff and experts be seated together in front of the aud ience . 3. Quest ions and answers occur openly so everyone can hear the same infor mation at the same time. This app roach ensures accountability and t ransparency -both of wh ich are fundamental to good governance and commun ity t rust. Please confirm before Thursday 's meeting that these accom m odations and fo r mat changes w il l be i n place . Si ncerely, https ://outlook .office365 .com/mail/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:34 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Frank Mason https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 Standard 5&10 Ace Laurel Ace Marin Ace 3545 California Street 4024 MacArthur Blvd. 180 Merrydale Road San Francisco, CA 94118 Oakland, CA 94619 San Rafael, CA 94904 415/751-5767 510/530-1966 415/479-9393 Oakley Ace Pittsburg Ace Antioch Ace 3100 Main Street #266 125 E Leland Road 501 Sunset Drive Oakley, CA 94561 Pittsburg, CA 94565 Antioch, CA 94509 925.625.2449 925.432.6089 925.757.2500 Jeff Leopold -owner of both Marin Ace Hardware and the property November 4, 2025 Councilmember Maribeth Bushey-maribethbushey@cityofsanrafael.org County of Marin Supervisor Mary Sackett-mary.sackett@marincounty.gov Mayor Kate Colin -kate.colin@cityofsanrafael.org Director Daniel Cooperman -Endhomelessness@cityofsanrafael.org Subject: Strong Opposition to Proposed Interim Shelter Project at 350 MERRYDALE ROAD for Unhoused Residents Dear San Rafael I County of Marin Officials, I am writing to express my strong opposition to the proposed Interim Shelter Project for Un housed Residents at the location of 350 Merrydale Road. As a concerned business and commercial property owner in the immediate neighborhood, I am deeply invested in the well-being and future of our community and believe this location is unsuitable for the proposed facility for several specific, material considerations. While I understand the need to address the unhoused population in San Rafael and Marin County within our city, the current proposal raises significant concerns regarding the potential impact on the existing quality of life, safety, and property values in this primarily residential I small business area. My objections are based on the following specific points: • Zoning and Land Use Compatibility: In 2020, this property was approved for a 45-unit condominium project that later fell through (Camus Property Group). This area is currently mixed-use with narrow streets, minimal street parking and is located near a cul-de-sac. A Standard 5&10 Ace Laurel Ace Marin Ace 3545 California Street 4024 MacArthur Blvd. 180 Merrydale Road San Francisco, CA 94118 Oakland, CA 94619 San Rafael, CA 94904 415/751-5767 510/530-1966 415/479-9393 Oakley Ace Pittsburg Ace Antioch Ace 3100 Main Street #266 125 E Leland Road 501 Sunset Drive Oakley, CA 94561 Pittsburg, CA 94565 Antioch, CA 94509 925.625.2449 925.432.6089 925.757.2500 shelter facility with 65 temporary units and potential for a minimum of 80 permanent units in the future is not consistent with the established character and use of the neighborhood. The city should explore alternative, more suitable locations in non-residential areas, such as the business district or areas with robust public transit and wraparound services already in place. The 10/15/25 Marin IJ article claims, " The City Council will amend its camping ordinance with new prohibitions and will declare a shelter emergency, which is a regulatory tool to allow more flexibility on the Land use for the tiny home operation." • Public Safety Concerns: Our neighborhood currently enjoys a low crime rate. Based on documented experiences in other areas with concentrated shelter facilities, I am concerned that the presence of a shelter could Lead to an increase in public safety issues, such as Loitering, petty theft, and drug use, as well as an increased police presence, which would negatively impact our peaceful neighborhood. • Property Values and Financial Investment: Many residents have made significant financial investments in their homes with the understanding of the area 's residential nature. There is a Legitimate concern that the development will negatively impact property values and the desirability of the neighborhood for current and future homeowners. • Lack of Adequate Services/Management: Concerns exist regarding the operational plan for the shelter. This project is based on the success of the Mahon Creek Project, which in almost 12-months, has only transitioned eight residents to permanent housing situations. • Community Input Process: The process for this proposal did not include sufficient community engagement or input prior to the decision point. which is concerning. Residents deserve a voice in developments that directly impact their daily lives. According to the 10115125 Marin IJ article "City officials began closed session negotiations in March 2025 and are now finalizing the purchase agreement. The property is expected be just over $7 million after closing costs. A purchase agreement is expected to be presented to the City Council at its Nov. 17 meeting, Stefanski said." The notice of the 10/28/25 Virtual Community Meeting was not posted until 10115125, and then on 10128125 the notice of the 11/6/25 In-person Meeting was posted. TOO LITTLE, TOO LATE NOTIFICATION for residents and business owners. This is not what is expected of a "Good Neighbor Policy" that the City of San Rafael claims to provide. Standard 5&10 Ace Laurel Ace Marin Ace 3545 California Street 4024 MacArthur Blvd. 180 Merrydale Road San Francisco, CA 94118 Oakland, CA 94619 San Rafael, CA 94904 415/751-5767 510/530-1966 415/479-9393 Oakley Ace Pittsburg Ace Antioch Ace 3100 Main Street #266 125 E Leland Road 501 Sunset Drive Oakley, CA 94561 Pittsburg, CA 94565 Antioch, CA 94509 925.625.2449 925.432.6089 925.757.2500 I urge the city to reconsider the approval of this project at the proposed location and explore alternative solutions that better align with the needs of all residents, both housed and unhoused, without compromising the existing quality of life in our community. Thank you for your time and for considering my concerns. I request that this letter be entered into the public record as formal opposition to the proposal. Sincerely, Jeff Leopold • Marin County Resident since 2000 • San Rafael Commercial Property Owner since 2011 -Sizzling Property Group, LLC • San Rafael Small Business Owner since 2011 -Marin Ace Hardware • Bay Area Ace Hardware Dealer since 1988 11/10/25, 5:35 PM 350 Menydale Gene ral and We binar Questions -Nguyen Pham -Outlook Outlook Lack of Transparency Regarding Planning Meeting for 350 Merrydale Project From Fran k Mason Date Tu e 11/4/20251 2:48 PM To Mayor Kate <kate.co lin@cityofsa nrafae l.org>; En d Ho melessness <e ndh o m eless ness@cityofsan rafael.org> Dear Kate and City Staff, I just learned from a neighbor, not from the City, that there is a Planning Meeting scheduled for tonight regarding the 350 Me rrydale Project. Th is is deep ly concerning . When was this meet ing dec ided? Who autho rized it, and what was the decid i ng factor for scheduling it? If th is is an offic ial City meet i ng , it should have been posted publicly in advance and clea rl y listed on the City 's website, social media, and the 350 Merryda le project page. You 've repeatedly told the pub li c to 'Just look at the FAQs," yet critical information li ke th is continues to be m issing . Th is is not acceptable or t ransparent government. I also unde rstand from another neighbor that the scope of the November 17th meeting has changed , and that what will be voted on at that meeting may now be different than prev iously stated. Is that true? If so, when will that info rmation be updated on the City's official 350 Merryda le project page? Right now, it appears that info rmation is be i ng released se lect ive ly and late -wh ich gives the i mpress ion that the process is be ing "slow- walked" toward app roval w ithout genu i ne public awareness or input. This ongo i ng lack of transpa rency underm i nes public trust and participation . Please respond immediately to clarify: 1. When and how ton ight's meeting was scheduled and noticed. 2. Whethe r the scope and pu rpose of the November 17th meeting have changed . 3. When the City w ill post complete and updated informat ion to the public project page. The community deserves t imely, accessible, and honest communication -not after-the -fact d iscoveries from ne ighbors. https ://outlook .office365 .com/mail/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTlzLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQ DKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 1/2 11/10/25, 5:35 PM Sincerely, Frank Mason 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:39 PM Outlook Re: 350 Merrydale Rd Project From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Tue 11/4/2025 5:45 PM To Susan Woodhouse < Mary.Sackett@mann -co Cc Susan Woodhouse < 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook ; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mary.Sackett@marin county.gov >; End Homelessness <endhomelessness@cityofsanrafael.org> Hi Susan -Thank you for taking the time to write and share your concerns. I completely understand how frustrating it can feel to learn about a new project after it's already moving forward, and I don't want you or anyone in the neighborhood to feel unheard or undervalued. The goal of the 350 Merrydale project is to create a structured, accountable, and service-supported temporary interim housing site not an encampment. Each participant will sign a Code of Conduct, and there will be 24/7 onsite management and security, fencing, and lighting. Case management and wraparound services are a central part of the program's success, helping residents move toward permanent housing. To ensure transparency and that everyone has access to the same information, we've gathered answers to many of the questions raised by residents in one place: httgs://www.citv.ofsanrafael.org/interim-shelter-site-at-350-merrv.dale-road/ I also want to confirm that the City Council will be considering an additional anti-camping ordinance to help ensure there is no spillover or unsanctioned camping in nearby neighborhoods. Your feedback is important, and I've copied our Homelessness and Housing team here so your email becomes part of the public record and they can make sure your questions continue to be addressed as the process moves forward. Thanks again for your email. Kate Colin (she/her/hers) Mayor, City of San Rafael https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25, 5:39 PM m 4ffh SAN RAFAEL ~=Ill· THE CITY WITH A MISSION .Lt.i,U established 1874 --"'= From: Susan Woodhouse Sent: Monday, November 3, 2025 5 :1 7 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook > To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Mary.Sackett@marin-county.gov <Mary.Sackett@marin-county.gov>; Smoultonpeters@marincounty.org <Smoultonpeters@marincounty.org> Cc: Susan Woodhouse Subject: 350 Merrydale Rd Project Dear Mayor Colin, Vice Mayor Bushey, Supervisor Sackett, Supervisor Moulton Peters: November 3, 202S A Fmstrated resident of San Rafael Meadows I am writing in regard to the 350 Merrydale Rd Project I read the artide in the D today "Fmstration builds over homeless cabin site" I am a resident of the Rafael Meadows Neighborhood and feel like my well being is not being considered with the move from the City Coll.llcil to bring a homeless encampment to San Rafael Meadows, a safe and family oriented neighborl1ood I believe you would be frustrated as well if others, your city council, were suddenly deciding that a homeless facility is being brought into your neighborhood and you had 110 say in the decision , I believe it was quoted at the zoom meeting on 10/28/25 that case managers would be provided for the individuals that wanted to use them for seivices to advance themselves to find housing, and other co=unity services, and alcohol and dmg rehab It is not a mandatory requirement for these individuals to utilize this senrice. What is the projected goal for these individuals then for living in these tiny cabins? It was also reported that individuals would not be vetted for criminal history or sex offe11ders I believe that the Mayor and Vice Mayor Bushey, are just removing a problem to create a chaotic problem in a family orie11ted neighborhood with many small c.llildren and vulnerable seniors There has been no transparency on other locations that were evaluated for this site I read in today 's D 11/3/2 5, that "When it comes to security there will be round the dock security with perimeter lights and fencing There will be regular police patrols in the area " The SR Meadows has not had regular police patrols as we have been a safe area ,vith minimal c11me Now you ai·e going to b1111g dtaos and potential crime to our dose knit co=unity I find this to be very unacceptable! I would like to know why areas ·with fl.at land in the industrial areas , away from small children and vuluerable elders , were not chosen Homeless attract homeless, this is how they build their co=unity In the paper it was said that the city would consider restrictions 011 parking to preve11t camping in vehicles in the Rafael Meadows area, it was also stated that individuals who do not follow the "Code of Conduct'' will be removed from the program, and the city will ensure that those individuals do not reestablish e.ncainpments near the site Where will those people go then? I just don 't understand why you are planning to create a possible homeless e11campment in this area Businesses are not happy, this will drive away customers Neighbors are not happy Do you not care for the health of tax paying citizens and businesses? I believe the Mayor made a promise to get elected to remove that particulai· homeless encampment by April of 2026 I voted for this mayor and now I regret my vote as a tax paying citizen; I run not being valued I am asking for the City of San Rafael and the Marin Coll.Illy Board of Supervisors to reexaniine this site and look at other favorable sites with " flat land and electricity and closer to public traiisportation so they can receive seivices at the Ritter House" We are asking for transparency to the San Rafael Meadows community and slow down this appare11t urgency to fulfil a promise lll3de by a lll3yor to be elected An Unvalued citizen waiting for your response to this email with real aiiswers Susan Woodhouse https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/2 11/10/25, 5:39 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook Re: Tiny Homes From Mayor Kate <Kate.Colin@cityofsanrafael.org> Date Tue 11/4/2025 5:54 PM To Nanci Grialou Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Garrett and Nanci -Thank you for reaching out and for sharing your thoughts about the 350 Merrydale proposal. I really appreciate your engagement and understand the concerns you've raised. To clarify, the proposed interim housing site is intended to serve people currently experiencing homelessness in San Rafael, not from other jurisdictions. The goal is to provide a temporary, well-managed, and service-supported location for individuals who are already part of our community and who want to move toward stability. I recognize that this announcement may have felt sudden and that the pace of the process can feel fast. Our team is working to answer questions as quickly and transparently as possible, and all updates are being shared through the project's ..E8Q...P-age . I've copied city staff on this message so they can include your email as part of the public record and ensure your concerns are heard. Thank you again for taking the time to write. Your feedback is important as we work to balance compassion, accountability, and safety for everyone in San Rafael. Warmly, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael https ://oullook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/3 11/10/25, 5:39 PM m Jffh SAN RAFAEL -,f/!!§ft THE CITY WITH A MISSION ..LOU established 1874 From: Nanci Grialou Sent: Monday, November 3, 2025 6:46 PM To: Mayor Kate <kate .colin@cityofsanrafael.org> Subject: Tiny Homes Dear Mayor Colin- 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook We hope this message finds you well. We are writing to express our concerns regarding the proposed homeless shelter/Tiny Homes located near our residential neighborhood, which aims to relocate individuals from a local encampment AND from another city. While we acknowledge the importance of addressing homelessness, we believe that the site's proximity to our homes will have significant implications for our community. First and foremost, the decision to move residents from another city raises questions about fairness and responsibility. Our neighborhoods should not bear the burden of providing services for individuals from different jurisdictions, especially when local resources are already stretched thin . It is essential for our city to prioritize the welfare of its own residents while working collaboratively with neighboring communities to develop comprehensive solutions to homelessness. Additionally, the establishment of a shelter in a residential area may lead to increased concerns about safety, property values, and the overall quality of life for residents . Families are understandably apprehensive about the proximity of a shelter, which may result in disruptions to the community. we urge the city to consider alternative locations that would not impact existing residential areas adversely or projects that focus on comprehensive support and rehabilitation for the homeless. We implore you to reconsider the planned site for the homeless shelter and engage with residents in a meaningful dialogue about our community's challenges and opportunities. Together, we can develop fair and effective solutions that address homelessness while also respecting the needs and concerns of our community. Thank you for your attention to this important matter. We look forward to your response. Sincerely, Garrett and Nanci Grialou https://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/3 11/10/25, 5:39 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/3 11/10/25, 5:40 PM 350 Menydale Gene ral and Webinar Questions -Nguyen Pham -Outlook Outlook Re: 350 Merrydale rd. From M ayor Kate <Kate.Co lin@cityofsanrafael.org> Date Tu e 11/4/2025 6:07 PM To Al ex Stric ker Cc Lisa Stricker ; End Home lessness <endhome lessness@cityo f sanrafael.org> Hi Alex -Thanks for reaching out and for your long commitment to San Rafael as both a bus i ness owner and resident. You'll be thrilled to know that M&H Bread and Butter will be moving into the former Crepevine site and the former Arizamendi has also been re-tenanted . I remember our conversation about the downtown challenges, and this project is designed to directly address those concerns. I completely understand that this proposal feels unsettling and it occurs to me that si m i lar concerns came up when the County proposed permanent supportive housing at South El iseo and i n Corte Madera's Project Homekey. Because of those projects (as we ll as others across the state), we know this model works. In each case, safety was a concern at the start, and thankfully, those fears did not materialize . A thought j ust occurred to me -Would it be helpful to connect with some of the neighbors from those projects to hear about the i r experiences firsthand? Those sites are of course different, as they are permanent supportive housing, wh i le this proj ect will be a temporary use. Lmk your thoughts on that. I've cop i ed ou r city team so they can ma ke sure your input is heard and you r comments are part of the pub li c record . You can also reach out to them directly with any additiona l input and questions. Appreciate you taking the time to share your thoughts and for co ntinuing to stay engaged. Warmly, Kate Kate Col i n (she/her/hers) Mayor, City of San Rafael https ://outlook .office365 .com/mail/AAMkAGR INWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25 , 5:40 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook From: Alex Stricker Sent: Monday, November 3, 2025 9:08 PM To : Mayor Kate <Kate .Colin@cityofsanrafael.org> Cc : Lisa Stricker > Subject: 350 Merrydale rd . Dear Mayor I am writing to you today as a long time business owner in downtown San Rafael. For 20 years, I have operated businesses in this community, and as we discussed during our meeting at my restaurant last year, the challenges posed by the unhoused population have significantly impacted my ability to run my businesses. My primary concern, however, is the proposed plan to relocate the homeless encampment to a site 300 yards from my home. This plan has my wife and our three children, ages 2, 8, and 12 SCARED. My elderly mother, who lives alone just 250 yards away, is SCARED. Our entire ne ighborhood is terrified by thi s proposal. I am deeply disappointed by the lack of transparency su rrounding this project. It is incomprehensible that a press conference celebrating this initiative was held with handshakes and high fives before any community outreach or consultat ion took place. This approach has left my neighbors feeling angry and uninformed. The residents of this community deserve to be heard and involved in decisions t hat directly impact their safety and well being. We feel that this project is being presented as a triumph when it is, in fact, a deeply concerning and poorly communicated plan. As a resident, a parent, and a business owner, I urge you to consider the profound impact this decision will have on our community. As a mother If you lived 300 yards from this project, how would you feel? Regrettably Alex Stricker https://outlook.office365.com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YllzLTY4Mj UyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 2/2 11/10/25, 5:42 PM 350 Menydale Gene ral and We binar Questions -Nguyen Pham -Outlook Outlook Re: Tiny Homes From Nanc i Gr ia lou > Date Wed 11 /5/2025 10:52 A M To M ayor Kate <Kate.Co li n@cityofsanrafae l.org> Cc End Homel essness < endhome lessness@cityo f sanrafael.org > Thank you Mayor Co lin - We are fu ll supporters of a Tiny Homes project, but NOT smack dab in the m iddle of a ne ighborhood fi l led w ith children/teens/elderly-and not just this one ne ighborhood, but the others that are close by. We have a high school close by as well as home ch i ld care providers whose backyards that the chi ldren play in back right up to the pathway lead ing to the train. I walk the neighborhood daily and there 's a number of young fema les/teens walking by themselves . I can 't imagine the safety issues this poses for them. I am a mother of three grown daughters. We would never put young women o r child ren at that risk of mix i ng the homeless with young fam i lies and teens. No one can dispute that the ne ighborhoods will be filled with meande ring Tiny Home res idents. It's a fact. You do not need to respond as I know you 're very busy -we look forward to the meeti ng tomorrow even i ng. We hope you can represent us as we elected you into th is position to protect all of us and not just a certain population. Yes , we have compass ion, Trust me, but no one wants this in the i r backya rd due to safety concerns . We 've add ressed th is with you and the othe r officials. Should something happen, wh ich it will i n a matter of time, full respons i b i lity lies with all of you . We know there are other areas in San Rafael to locate a housing project like th is that wouldn 't threaten the community. And yes , the homeless do deserve compass ion, advocacy, and respect . I have persona lly worked w ith the homeless. BUT common sense is you don 't mix innocent fam i lies with homeless men and women who struggle w ith mental and/or drug/alcohol add iction in such close prox i mity to each other. Thank you https ://outlook .office365 .com/mail/AAMkAGR INWZmMm RiLWM2 NjltNDVmYi04YTlzLTY4MjUyMj E4MzE1MgAuAAAAAABoASa2NQaC RowHBXZuzEYXAQ DKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA ... 1/5 11/10/25, 5 :42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Sent via iPhone by AT&T On Nov 5, 2025, at 8:59AM, Mayor Kate <Kate .Colin@cityofsanrafael.org> wrote: Thank you for responding back and for sharing your perspective. I understand how unsettling this process can feel, and I want to assure you that no formal vote has been taken on this proposal. City staff continue to review input from residents and update the FAQs as questions come in so everyone has access to the same information. Safety -both inside and outside the facility -will remain a top priority. Your questions about security, curfews, and behavior expectations have been shared with our team and I agree must be addressed. I appreciate your taking the time to write and to stay engaged as this work continues. Kate Colin (she/her/hers) Mayor, City of San Rafael <Outlook-gaovfshn.png> From: Nanci Grialou > Sent: Tuesday, November 4, 2025 7:00 PM To: Mayor Kate <Kate .Colin@cityofsanrafael.org> Cc: End Homelessness <endhomelessness@cityofsanrafael.org> Subject: Re: Tiny Homes Thank you Mayor Colin Each response we are receiving from your "team" sounds like you want to hear from us but it's clear you are all moving forward with this despite our thoughts/concerns. It's so very disappointing. We would like to ask what amount of security will be provided OUTSIDE of the facility? Safety inside is not a concern of ours. It's our safety and neighbors safety on the outside of the gates. I worked in a homeless shelter while obtaining my Masters in Social Work and am very well versed in homelessness . Every day there are Many hours of Idle time for these residents where they will be meandering through our neighborhoods. There are young families and children/youth literally living next door to the shelter as well as spread out through several https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 2/5 11/10/25 , 5:42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook neighborhoods. We doubt any of you want to have something happen to the innocent but you are risking their safety. We can't imagine being guilty of making the wrong decision to house this facility in this neighborhood and someone being harassed or god forbid harmed. It will be just a matter of time. You can't mix these 2 cultures . It doesn't work. How do you plan to control that? How do you plan to control drug and alcohol use outside of the facility? Needles? Bottles/garbage? Is there going to be a curfew? It is extremely poor planning to just plant a homeless shelter in the middle of a neighborhood -we would like to know how many councilman/supervisors etc . have homes in the vicinity of the shelter? Clearly this wouldn't be happening in their neighborhood, right? Please do the right thing and find a location that doesn't jeopardize the safety of anyone. It does exist. The FAQ page does not answer any of these questions. Sincerely, Garrett and Nanci Grialou Sent via iPhone by AT&T On Nov 4, 2025 , at 5:54 PM, Mayor Kate <Kate.Colin@cityofsanrafael.org> wrote: Hi Garrett and Nanci -Thank you for reaching out and for sharing your thoughts about the 350 Merrydale proposal. I really appreciate your engagement and understand the concerns you've raised. To clarify, the proposed interim housing site is intended to serve people currently experiencing homelessness in San Rafael , not from other jurisdictions. The goal is to provide a temporary, well-managed, and service-supported location for individuals who are already part of our community and who want to move toward stability. I recognize that this announcement may have felt sudden and that the pace of the process can feel fast . Our team is working to answer questions as quickly and transparently as possible, and all updates are being shared through the project's ffiQ_gagg_. I've copied city staff on this message so they can include your email as part of the public record and ensure your concerns are heard. https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 3/5 11/10/25 , 5 :42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook Thank you again for taking the time to write. Your feedback is important as we work to balance compassion, accountability, and safety for everyone in San Rafael. Warmly, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael <Outlook-gxvlblfb.png> From: Nanci Grialou Sent: Monday, November 3, 2025 6:46 PM To: Mayor Kate <kate.colin@cityofsanrafael.org> Subject: Tiny Homes Dear Mayor Colin- We hope this message finds you well . We are writing to express our concerns regarding the proposed homeless shelterrriny Homes located near our residential neighborhood, which aims to relocate individuals from a local encampment AND from another city. While we acknowledge the importance of addressing homelessness, we believe that the site's proximity to our homes will have significant implications for our community. First and foremost, the decision to move residents from another city raises questions about fairness and responsibility. Our neighborhoods should not bear the burden of providing services for individuals from different jurisdictions, especially when local resources are already stretched thin . It is essential for our city to prioritize the welfare of its own residents while working collaboratively with neighboring communities to develop comprehensive solutions to homelessness. Additionally, the establishment of a shelter in a residential area may lead to increased concerns about safety, property values , and the overall quality of life for residents. Families are understandably apprehensive about the proximity of a shelter, which may result in disruptions to the community. we urge the city to consider alternative locations that would not impact existing residential areas adversely or projects that focus on comprehensive support and rehabilitation for the homeless. We implore you to reconsider the planned site for the homeless shelter and engage https ://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 4/5 11/10/25 , 5:42 PM 350 Merrydale General and Webinar Questions -Nguyen Pham -Outlook with residents in a meaningful dialogue about our community's challenges and opportunities. Together, we can develop fair and effective solutions that address homelessness while also respecting the needs and concerns of our community. Thank you for your attention to this important matter. We look forward to your response. Sincerely, Garrett and Nanci Grialou https://outlook.office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 5/5 11/10/25, 5:43 PM 350 Menydale General and Webinar Questions -Nguyen Pham -Outlook Outlook 350 Merrydale From Jeff Ryan Date Sun 11/9/2025 2:03 PM To End Homelessness < Endhomelessness@cityofsanrafael.org> Hello Director Cooperman: my name is Jeff Ryan and I live on , the streetjust one up from Merrydale. Our neighborhood will be impacted by the city's seemingly "done deal" plans for a homeless encampment. Some of my concerns (shared by many neighbors, as you are no doubt already aware) are around issues that could have been ameliorated early on, had we been allowed access to the city's plans and process We were excluded, kept in the dark while select city officials as well as SRPF/SRFD and other constituents were fully enlightened. We were not allowed the kind of collaboratory input that might've resulted in a less contentious and worrisome outcome. I can pretty well guarantee that if this was your neighborhood, you'd feel very much as we do. To be clear, homelessness is a problem in desperate need of a solution absolutely. And, I despise the NIMBY mindset, so that is not where I'm coming from here. Rather, my disappointment is that we were not given the respect of even reasonable notice on the city's implementation of its plan . The Smart Train is close by, but we're the ones who feel railroaded here. There are a wide variety of issues our neighborhood feels have not been adequately addressed (and yes, I've read the FAQs and they do not satisfy). My own, as of this writing, are ones of safety and quality of life for those of us who already live here. We have many young children in this neighborhood, some in close proximity to the encampment; while my heart goes out to the "Tom Joad" variety of unhoused individuals, it is the mentally ill and those with substance addictions that concern me here. I understand the proposed safety/security measures planned for the encampment itself (it remains to be seen if those will be sufficient), but we all know that the surrounding area will be filled with those drawn to the services on offer, while not actually staying in the encampment due to an aversion to sign in/out protocols and the other rules. It is these individuals that pose the biggest threat to our sense of security in our own neighborhood. Many unhoused folks live in their cars once it becomes known that lunch and health services are available at 350, these cars will be parked all along our streets, where our children play. You are setting up a situation where, at best, we are all being called upon to be hyper vigilant in our surroundings, where once we so glad to be living in a safe neighborhood with no through traffic, we'll now be forced to be quite circumspect. Sorry kiddos, you can't go out to ride your bike or shoot hoops in front of the house because Mommy/Daddy can't sit out there with you just now .... https ://outlook .office365 .com/mail/AAMkAGRINWZmMmRiLWM2NjltNDVmYi04YTlzLTY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5neO9AAGSIL8HAA... 1/2 11/10/25 , 5:43 PM 350 Merrydale Genera l and Webinar Questions -Nguyen Pham -Outlook What I ask -and I think most neighbors would agree -is that you take a beat, give us the chance to have actual input that can be turned into actionable policy for our neighborhood. Rather than foist this upon us, let us be part of a solution that addresses our, quite justified, concerns . Thank you . p.s. when I used the word ·~ustified" in the final paragraph, it is because we 've had conversations with members of SRPD who've confirmed that the issues I described are indeed the case at the Anderson encampment, and at most others as well . https ://outlook .office365 .corn/mail/MMkAGRJNWZmMmRiLWM2NjltNDVmYi04YTlzllY4MjUyMjE4MzE1MgAuAAAAAABoASa2NQaCRowHBXZuzEYXAQDKvfbGWoUAQ6SqJpC5ne09MGSIL8HM... 2/2 11/11 /25 , 2:14 PM lnbox -Nguyen Pham -Outlook Outlook 350 Merrydale From Jeff Ryan Date Tue 11/11/2025 1 :45 PM To End Homelessness < Endhomelessness@cityofsanrafael.org> Hello Director Cooperman: I wrote to you recently to express some concerns I have about the homeless encampment planned for a site in our neighborhood. In addition to the issues I raised previously, I'd like to ask what the thinking was in planning for a site so removed from the services this population will need. Where will they go for breakfast and dinner (since we 've been told you'll provide lunch only, and there are no cook i ng facilities in the "cabins")? I wonder if anyone has thought through the ramifications of these people wandering up to the Northgate Mall area, or down Merrydale to the fast food establishments. There is an elder care facility right on that route, and it is also a school bus route; will our aged and youthful neighbors feel safe to be outside? Where will they go for financial issues (check cashing, etc.)? Health issues, both physical and mental, rarely occur conveniently during the working hours of the on site (9 5) staff you've said will be provided what happens when individuals have "episodes" outside of these hours? Are our neighbors, esp. those in closest proximity, supposed to call SRPD every time this happens? That hardly seems a good use of our police officers, What mental/physical health options will these people have, considering your plan to locate them here, far from access to the help they may need? As I mentioned in my previous message, the provided FAQs do not adequately address these (and other) concerns, and both the Zoom presentation and the JCC meeting felt more like sales pitches than an honest attempt to involve our community. I did receive some information from Mayor Colin and from Supervisor Sackett, and was told my concerns would be made part of the public record . I would appreciate the same respectful response from you. Thank vou, Jeff Rvan https ://outlook .office365 .com/mail/none/i d/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABm17ESgM 1/1 11/11/25, 2:15 PM ln box -Nguyen Pham -Outlook Outlook Re: Invitation to Visit 350 Merrydale and Meet with Neighborhood Representatives Before the November 17 Vote From Rachel Kertz < Rachel.Kertz@cityofsanrafael.org > Date Tue 11/11/2025 9:34 AM To Ken Casey > Cc End Homelessness < endhomelessness@cityofsanrafael.org > Hi Ken, Thank you for your message, invitation, and for the continued engagement from the Rafael Meadows and surrounding neighborhoods. I understand how important this project is to nearby res idents and truly appreciate the time and effort being invested to share your perspectives. I've visited the Merrydale site , and the surround in g area , many times. I am very famil iar with the area and the neighborhoods. For that reason -and to maintain fairness and transparency for all part ies-I will not be meeting individually or in small groups ahead of the Council vote. It's important that all Counci lmembers receive the same information and consider community input through the public process. As you know we will be meeting in person on Monday, Nov. 17th and emails can be sent to endhomelessness@cityofsanrafael .org . I look forward to hearing your ideas and suggestions at the Council meeting and through the forma l channe ls that ensure every voice is heard equally and on the record. I am reading all letters sent to me and they will a lso be included in the pub li c record. Thank you again for your understanding and for your continued commitment to our commun ity. Best, Rachel Rachel Kertz (she/her/hers) To learn more: htt12s://vivalon.org/what-about-aggf_ https ://outlook .office365 .com/mail/none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABm17ESAM 1/2 11 /11/25, 2:15 PM From: Ken Casey > Sent: Monday, November 10, 2025 5:56 PM To : Rachel Kertz <rachel.kertz@cityofsanrafael.org> In box -Nguyen Pham -O utlook Subject: Invitation to Visit 350 Merrydale and Meet with Neighborhood Representatives Before the November 17 Vote Dear Rachel Kertz, I hope this note finds you well. I'm writing on behalf of our San Rafael Meadows, Redwood Village and Merrydale communities to respectfully invite you to meet in person at the 350 Merrydale property ahead of the City Council's scheduled vote on November 17. On Saturday we had a neighborhood walkabout on and around the property and many of us feel it's essential that Council members have the opportunity to see the site and vicinity firsthand and hear directly from those who live in the surrounding area . We would like to share some new and specific concerns about the City's plan for the homeless shelter/housing project and especially the impact it will have on nearby neighborhoods and the broader community following recent conversations with the SRPD. To make this convenient for you, we are arranging small-group meetings with individual Council members on separate days this week. The visit would take no more than 3Q-45 minutes, and we would be happy to accommodate your schedule . We believe that a brief, on-site conversation will provide valuable context and help ensure that the Council's upcoming decision reflects both the project's intent and the realities faced by those who will be most directly affected. Please let me know a day and time next week that works best for you -we will gladly adjust to your availability. Thank you very much for your time, consideration, and service to our community. We sincerely hope you'll join us for this important discussion before the vote. Warm regards, Ken Casey On behalf of the San Rafael Meadows, Merrydale and Redwood Village residents . Sent from Outlook https://outlook.office365,com/mail/none/id/AAkALgAAAAAAHYQDEapm Ec2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABm1 7ESAAA 2/2 11/12/25 , 8:21 AM lnbox -Nguyen Pham -Outlook Outlook FW: FW: Concerns and Recommendations Regarding Proposed Homeless Transitional Housing Plans From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org> Date Wed 11/12/2025 8:13 AM To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Cc Distrib-City Clerk <City.Clerk@cityofsanrafael.org> Hi N, Please add this one to your correspondence that you are redacting at this time. Thanks, B From: Betty Shea Sent: Tuesday, November 11, 2025 7 :3 0 PM To: Distrib-City Clerk <city.clerk@cityofsanrafael.org> Subject: FW : FW : Concerns and Recommendations Regarding Proposed Homeless Transitional Housing Plans Importance: High City Clerk Lyndsay Lara , This letter was sent to Mayor Kate Colin and want it placed on the public records and attached to the published City Council ; Agenda for next week's meeting on Nov. 17 . Thank you , Betty Shea Dear Mayor Colin, I am writing to express serious concerns regarding the County's proposed homeless transitional fac i lity and to urge a more thoughtful and effective approach that meets real homeless needs while respecting and protecting San Rafael neighborhoods. https ://outlook .office365 .com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2 FEWg0AvYZfAjdaN0mMbVApQjCGlwAAYDBDaQAA 1/3 11/12/25 , 8 :21 AM lnbox -Nguyen Pham -Outlook While the community recognizes the urgent need to address homelessness, the current approach is not aligned with long-term success or neighborhood appropriateness. I respectfully ask that the City and County reconsider the location and structure of this proposal based on the following points: 1. Appropriate Location and Successful Outcomes: Homeless transitional facilities should be sited in locations that minimize negative impacts on existing neighborhoods and maximize the likelihood of successful outcomes for participants. Integrating such facilities into residential neighborhoods without adequate planning or transparency creates unnecessary strain for both residents and program participants. 2. Fiscal Responsibility and Efficient Use of Funds: The County's proposed budget of $8 million for land purchase and startup costs is excessive and could be more effectively redirected. These funds would have a far greater impact if allocated to a rent voucher program, allowing immediate re-housing for the majority of those in need. Remaining funds could then be used to support essential wraparound services that lead to lasting stability. 3. Focus on Permanent Housing Solutions: Homeless funding should prioritize hard housing solutions (permanent, stable homes) not temporary "tiny home" villages or public relations initiatives. These short-term measures often fail to provide the sustainable outcomes our community needs. 4. Lack of Transparency and Community Engagement: Elected officials should have proactively communicated with district residents as this plan was developing, ensuring a transparent process and broad-based input from all stakeholders. Unfortunately, this did not occur, leaving residents feeling blindsided and unheard. 5. Neighborhood Engagement and Willingness to Collaborate: Local residents are ready and willing to collaborate on realistic solutions that work for both the neighborhood and San Rafael's broader affordable housing goals, particularly if the property is not County-owned and better integrated into the City's long-term housing strategies. 6. Concerns About Sudden Relocation and Impacts: Relocating unhoused individuals from one area of San Rafael to another without transparency or neighborhood notice is unacceptable. Transitioning people methodically into permanent housing is the responsible path forward. Many, perhaps ½ to ¾ could be successfully re-housed through immediate housing vouchers if funding were reallocated accordingly. 7. Neighborhood Impacts: As we have seen from previous encampments, there are real and measurable impacts to nearby neighborhoods. Moving an encampment into close proximity to residential areas will likely recreate these same challenges, which should be avoided through better planning. Our elected representatives, including You, Councilmember Maribeth Bushey (District 3), Supervisor Mary Sackett, and Councilmember Rachel Kertz (District 4), owe residents transparency and accountability in this process. We ask for a pause in current planning efforts and a renewed , collaborative discussion to identify an approach that meets both community and humanitarian needs. https://outlook.office365 .com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AvYZfAjdaN0mMbVApQjCGlwAAYDBDaQAA 2/3 11/12/25 , 8 :21 AM lnbox -Nguyen Pham -Outlook Thank you for your attention to these concerns . I look forward to your leadership in ensuring that San Rafael pursues real, effective, and equitable solutions to homelessness that serve all members of our community. Respectfully, Betty Shea Direct: https://outlook.office365 .com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AvYZfAjdaN0mMbVApQjCGlwAAYDBDaQAA 3/3 11/12/25, 2:06 PM lnbox -Nguyen Pham -Outlook Outlook Re: 350 Merrydale alternative sites From John Stefanski <John .Stefanski@cityofsanrafael.org> Date Wed 11/12/2025 1:47 PM To Eoin Sheeran Cc End Homelessness < endhomelessness@cityofsanrafael.org > Moving the Councilmembers to BCC. Good afternoon Eoin, Thank you for reaching out. Our team is still working on the matrix for the various sites we looked at and will have that up on the website later this week. Regarding the MacPhail's property: As I mentioned to you last week, this property is owned by the School District, not the City. Furthermore, the property itself is located outside of San Rafael's City Limits-the property is in unincorporated Santa Venitia. The City's search for properties only included those which are in our jurisdiction. We did this because by having a project within our own boundaries, the City then has complete control over public safety response as well as authority over regulatory approvals for the future affordable housing project. The County was also only willing to partner with the City for a property within the City itself. Those points aside, while the MacPhail property may be cheaper on a per acre basis, it would have required extensive site prep work and would lack the usable space for providing on-site services; all of which would have likely made a project there more expensive and thereby more fiscally irresponsible. Merrydale was ultimately identified as most feasible and cost-effective option because of its quick site preparation, existing utilities, and ability to provide supportive services on-site. It is also well-located for the ultimate affordable housing project as it's close to transit, grocery stores, and community services. The MacPhail property doesn't compare as favorably. Lastly, I will add that the purchase price for the Merrydale Property is $6.7M. The City had the property appraised which validated this price. I appreciate you sharing your perspective on this. Please don't hesitate to reach back out if you have any other questions. Thanks, John John Stefanski I City of San Rafael Assistant City Manager 1400 5th Avenue, Room 203 https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuQM 1/2 11/12/25 , 2:06 PM San Rafael, CA 94901 415.485.3475 John,stefanski@cjtvofsanrafaei,org Pronouns: He/Him (What are P.ersona l P.ronouns?) ~ !!~~T~!!!o~ From: Eoin Sheeran > Sent : Monday, November 10, 2025 11:23 AM To : John Stefanski <John .stefanski@cityofsanrafael.org> l nbox -Nguyen Pham -Outlook Cc : Mayor Kate <kate.colin@cityofsanrafael.org>; End Homelessness <endhomelessness@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rache l Kertz <rachel.kertz@cityofsanrafael .org> Subject: 350 Merryda le alternative sites John, I spoke with you on Thursday at the JCC. I asked you if you or the city cou ld provide the criteri a for eva l uating each of the 20 sites that were l ooked at whi le searching for a suitabl e location for this project. You tol d me that information was on l ine, but I can't fi nd it. I can only find the l ist of sites. Do you have the resu lts for each l ocation showing why they were ru led out? I woul d imagine each site was thoroughly ana l yzed and wou ld have a fil e wi th all of that information i n it? I al so asked you about another al ternative site that was not on your l ist: McPhail El ementary School property at 1565 Vendola Drive. Was this site looked at? It is a 9.75 acre site that is for sa le for $6 million. The 350 Merrydal e property is on ly 2.3 acres and you plan to purchase it for $7.3 million. How do those numbers make sense? It is fiscally i r responsibl e to spend that much money on a site, when you currently own a site that is four times bigger and has comparabl e amenities. I wou l d appreciate an answer my questions, and not just a referral to the FAQ webpage as you did on Thursday. Thanks, Eo i n Sheeran https://outlook.office365.com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuQAA 2/2 11/12/25, 2 :06 PM lnbox -Nguyen Pham -Outlook Outlook Re: 350 Merrydale From John Stefanski <John .Stefanski@cityofsanrafael.org> Date Wed 11/12/2025 1:58 PM To Cc End Homelessness < endhomelessness@cityofsanrafael.org > Good afternoon Bernie, Thanks for reaching out and I appreciate your suggestion. I have my team working on that and we're aiming to have it up on the website by the end of the week. Our team will follow up with you once it's there. Best, John John Stefanski I City of San Rafael Assistant City Manager 1400 5th Avenue, Room 203 San Rafael, CA 94901 415.485.3475 John.Stefanski@citv.ofsanrafael.org Pronouns : He/Him (What are Rersonal Rronouns?) ~ ~~~:T~!!;o~ From: Sent: Monday, November 10, 2025 11:28 AM To: John Stefanski <John.stefanski@cityofsanrafael.org> Subject: 350 Merrydale Hi John: Another gripe letter from a Rafael Meadows resident https ://outlook .office365 .com/mail /none/i d/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuwAA 1/2 11 /12/25, 2:06 PM l nbox -Nguyen P ham -Outlook I attended the Oct 28th meeting as well as the recent JCC meeting and plan to be at the Nov. 17th meeting as well. While I sympathize with the need to provide long term solutions for our homeless residents, I decry the secretive nature and lack of adequate notice for local residents to participate in the process. But, I'm guessing you've heard this ad nauseam . I've been looking at the 21 "alternative" sites listed by the City, it would be helpful if the criteria for rejecting each site were listed. Empty lots close to social services are rejected , but no reason given (eg , utility availability, building costs). I'd point out, that with a slow down of this project the Meadows would likely mobilize a bunch of us to look for alternative sites. Might prove helpful or lead to resignation about the lack of appropriate alternatives_ Bernie Samet https://outlook.office365.com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrHuwAA 2/2 11/12/25, 2:06 PM Outlook Fw: 350 Merrydale In-Person Meeting Request From Lindsay Lara <Lindsay.Lara@cityofsanrafael.org> Date Wed 11/12/2025 2:05 PM To End Homelessness <endhomelessness@cityofsanrafael.org> From: Eli Hill <Eli.Hill@cityofsanrafael.org> Sent: Wednesday, November 12, 2025 1:48 PM To: Cc: Distrib-City Clerk <City.Clerk@cityofsanrafael.org> Subject: Re: 350 Merrydale In-Person Meeting Request Dear Mr. Dickinson, lnbox -Nguyen Pham -Outlook Thank you for reaching out and for your continued engagement regarding the 350 Merrydale Project. I appreciate the time and thought your neighborhood committee has dedicated to understanding the proposal and sharing your perspectives. While I'm unable to meet in person this week due to scheduling constraints, I welcome your input and value the concerns raised by the Rafael Meadows, Merrydale, and Redwood Village communities. To ensure your message is part of the public record, I've included the City Clerk on this email. Please feel free to share any additional thoughts, questions, or materials by email. Much appreciated, Eli Eli Hill Councilmember District 2, City of San Rafael Pronouns: he, him, his https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrAM 1/2 11/12/25, 2 :06 PM ii~~ dfh SAN RAFAEL l 'f/J!lRn THE CITY WITH A MISSION UV established 1874 From: Sent: Tuesday, November 11, 2025 5:59 PM To: Eli Hill <eli.hill@cityofsanrafael.org> Subject: 350 Merrydale In-Person Meeting Request Dear Council member Hill : lnbox -Nguyen Pham -Outlook I called earlier today regarding the 350 Merrydale Project. Since the October 28 Virtual Event and the November 6 JCC Listening Session, our neighborhood has learned more about the proposal. We would like to invite you to engage with us in person to better understand our concerns. Have you had a chance to visit the 350 Merrydale site ahead of the Public Hearing on Monday, November 17? During our walkthrough this past Saturday, we focused on nearby "grey areas" where homeless encampments have been reported- particularly the Caltrans-owned land between Highway 101 and the property. We also spoke with the San Rafael Police Department, who provided helpful insight into what the community might expect if the City Council approves the purchase. A small group from our neighborhood committee would greatly appreciate meeting with you at the site this week to share our perspectives in person. Could you please let us know a date and time that would work for you? Sincerely, Ken Dickinson Rafael Meadows, Merrydale and Redwood Village Neighborhoods. https://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrAAA 2/2 11/12/25, 2:07 PM lnbox -Nguyen Pham -Outlook Outlook Fw: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote From Lindsay Lara <Lindsay.Lara@cityofsanrafael.org> Date Wed 11/12/2025 2:05 PM To End Homelessness <endhomelessness@cityofsanrafael.org> From: Eli Hill <Eli.Hill@cityofsanrafael.org> To: Cc: Distrib-City Clerk <City.Clerk@cityofsanrafael.org> Subject: Re: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote Dear Carter, Thank you for reaching out and for your continued engagement regarding the 350 Merrydale Project. I appreciate the time and thought your neighborhood committee has dedicated to understanding the proposal and sharing your perspectives. While I'm unable to meet in person due to scheduling constraints, I welcome your input and value the concerns raised by the Rafael Meadows, Merrydale, and Redwood Village communities. To ensure your message is part of the public record, I've included the City Clerk on this email. Please feel free to share any additional thoughts, questions, or materials by email. Much appreciated, Eli Eli Hill Council member District 2, City of San Rafael Pronouns: he, him, his https ://outlook .office365 .com/mail /none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrwM 1/3 11/12/25, 2 :07 PM ii~~ dfh SAN RAFAEL l 'f/J!lRn THE CITY WITH A MISSION UV established 1874 From: Sent: Monday, November 10, 2025 1:08 PM To: Eli Hill <eli.hill@cityofsanrafael.org> lnbox -Nguyen Pham -Outlook Subject: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote Dear Councilmember Hill, I hope this note finds you well. Following up on my voicemail. I'm writing on behalf of our San Rafael Meadows, Redwood Village and Merrydale communities to respectfully invite you to meet in person at the 350 Merrydale property ahead of the City Council's scheduled vote on November 17th. On Saturday we had a neighborhood walkabout on and around the property and many of us feel it's essential that Council members have the opportunity to see the site and vicinity firsthand and hear directly from those who live in the surrounding area . We would like to share some new and specific concerns about the City's plan for the homeless shelter/housing project and especially the impact it will have on nearby neighborhoods and the broader community following recent conversations with the SRPD. To make this convenient for you, we are arranging small group meetings with individual Council members on separate days next week. The visit would take no more than 30-45 minutes, and we would be happy to accommodate your schedule . We believe that a brief, on site conversation will provide valuable context and help ensure that the Council's upcoming decision reflects both the project's intent and the realities faced by those who will be most directly affected. Please let me know a day and time next week that works best for you -we will gladly adjust to your availability. Thank you very much for your time, consideration, and service to our community. We sincerely hope you'll join us for this important discussion before the vote. Warm regards, https://outlook.office365 .com/mail/none/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrwAA 2/3 11/12/25, 2:07 PM lnbox -Nguyen Pham -Outlook Carter Phelps On behalf of the San Rafael Meadows, Merrydale and Redwood Village residents Carter Phelos https://outlook.office365.com/mail/none/id/MkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0Ayr32xlqFAEOkqiaQuZ3jvQABnBrJrwM 3/3 11/12/25 , 2:22 PM Outlook FW: Follow up on Tuesday's commitments From Brenna Nurmi <Brenna.Nurm i@cityofsanrafae l.org > Date Wed 11/12/2025 2:16 PM To Nguyen Pham <Nguyen .Pham@cityofsanrafae l.org > Cc Distrib-City Clerk <City .Clerk@cityofsanrafael.org > Please add t his to you r co r respo nd ence , N. From: Maryellen Mullin Fong > Sent: Wednesday, November 12, 2025 1:43 PM To : Distrib -City Clerk <city.clerk@cityofsanrafael.org> Subject: Fwd : Follow up on Tuesday's commitments FW : Follow up on Tuesday's comm itments -Nguyen Pham -Outlook I w oul d like all my correspon dence wi t h the Mayor below submitted for publ ic records . Respectfu I ly, M arye ll en about:blank 1/10 11/12/25, 2:22 PM Maryellen Mullin FonQ ----------Forwarded message --------- From: Mayor Kate <~yofsanrafael org,> Date: Mon, Nov 3, 2025 at 2 :35 PM Subject: Re : Follow up on Tuesday's commitments To: Maryellen Mullin Fonq > FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook CC: Betty Shea aribeth Bushey <maribeth .busheY..@citY.ofsanrafael.orq >, Marv Sackett <Marv~S~ackeJt e essness <endhomelessness@cltvJ>fsanraf e .o _ >, judith Hi Ms . Mullin Fong -Thank you for following up. I'm sorry my earlier message came across in a way that felt disrespectful as of course that wasn't my intention. My reference to your professional background was meant only to acknowledge the valuable perspective you bring as a member of the community. I understand that safety and transparency are central concerns , and I appreciate you continuing to share your perspective . Your feedback helps inform how we communicate with residents as this process moves forward . Kate Colin (she/her/hers) Mayor, City of San Rafael about:blank 2/10 11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook RAFAEL THE CITY WITH A MISSION established 1874 Subject: Re : Follow up on Tuesday's commitments Dear Mayor Colin, Thank you for your response . However, the information I requested still does NOT appear in the City's FAQs -specifically regarding safety, sex offenders, or crime statistics . These are central issues for our community, and continuing to defer to the FAQ without addressing these questions directly is unacceptable. about:blank 3/10 11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook Additionally, your reference to my professional background is inappropriate. If you are suggesting that my expertise as a licensed clinical psychotherapist could be of service to the City, you may formally contract and compensate me for that work. I have over twenty years of professional experience, and it is deeply disrespectful -and frankly insulting -to imply that I should volunteer that expertise while my own family's safety is being jeopardized by your administration's decisions . I again ask that you provide direct, transparent answers to the specific safety and crime-related concerns raised by myself and others in the community. Respectfully, Maryellen Mullin Fong, LMFT Maryellen Mullin FonQ On Mon, Nov 3, 2025 at 11 :03 AM Mayor Kate <Kate.Colin@Q.tyofsanrafael.org > wrote: Hi Maryellen and all cc'd on this email -Thank you for your continued engagement. I understand your concerns and agree that safety and transparency are essential as we move forward. The questions you and others have raised are being addressed through the City's FAQ so about:blank 4/10 11/12/25, 2:22 PM FW: Follow up on Tuesday's comm itments -Nguyen Pham -Outlook that everyone has access to the same , accurate information. Th is approach ensures cons istency and improves transparency by sharing updates publicly rather than responding to individual emails. I see from your signature l ine that you 're a family therapist, and your perspective will be valuable in the upcoming discussions around the Good Neighbor Policy and Code of Conduct , which are focused on ensuring safety, accountability, and mutual respect. So thank you again for your advocacy and commitment to our community. Kate Colin (she/her/hers) Mayor, City of San Rafael SAN RAFAEL THE CITY WITH A MISSION established 1874 From: Maryellen Mullin Fong Sent: Saturday, November 1, 2025 9 :33 AM To: Mayor Kate • • ==== > Cc: Betty Shea Maribeth • • • • ,gW£,>; End Homelessness <endhomelessness@_myofsanrafael.om >; about:blank 5/10 11/12/25 , 2:22 PM FW: Follow up on Tuesday's commitments -Nguyen Pham -Outlook >; j udith alien Subject: Re : Follow up on Tuesday's commitments Dear Mayor Kate, My questions are not being addressed anywhere in your ema ils , or on your FAQs: 1) When w ill the Code of Conduct be on the FAQ? 2) When will the 20 sites be listed , as promised on the zoom meeting by Daniel Cooperman on the FAQ? 3) When will crime stats of the current encampment be released? We are all reading the police reports that do get released , and most crime takes place near the current encampment on Andersen. We want to know how many registered and unregistered sex offenders you plan to move into our neighborhood , near our daycares and around our children. The fact that you are not answering , makes us assume, you are hiding these facts. You are not working with us, and until you answer our questions, I do NOT believe you take my safety, the safety our our most vulnerable , our children , and our elderly in th is community, seriously. Respectfully, Maryellen Mullin Fong about:blank 6/10 11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook On Fri, Oct 31, 2025 at 2:36 PM Mayor Kate <Kate .Colin@citY.ofsanrafael.org.> wrote : about:blank Hi Maryellen and Betty -Thank you both for continuing to stay engaged and for sharing your thoughts. I know how closely you've been following this process, and I appreciate the time and care you 've taken to raise questions and share feedback. Staff are continuing to update the FAQ page as new information becomes available, and your input helps ensure that the community's concerns are reflected in those updates. Warm regards, Kate Kate Colin (she/her/hers) Mayor, City of San Rafael 7110 11/12/25, 2:22 PM FW: Follow up on Tuesday's commitments -Nguyen Pham -Outlook about:blank From: Betty Shea Sent: Thursday, To: Maryellen Mullin F -:a;j@,, ' SAN RAFAEL THE CITY WITH A MISSION established 1874 Cc : Maribeth Bushey <maribeth,bushev..@.mvofsa n rafa • • • • • f sanrafaeLonz >; End Subject: Re: Follow up on Tuesday's commitments Well said!! I hope they get it! Betty On Oct 30, 2025, at 9:31 PM , Maryellen Mullin Fong< rote: 8/10 11/12/25, 2:22 PM about:blank FW. Follow up on Tuesday's commitments -Nguyen Pham - Outlook Dear Mayor Colin, Ms. Bushey, Mr. Cooperman, and Ms. Sackett, During Tuesday's recorded and highly controlled Zoom meeting, each of you assured the community that the list of the 20 proposed sites would be disclosed and made public by today, Thursday. As of now, these sites are still not listed in the FAQs for 350 Merrydale. In addition, we requested that the Code of Conduct be shared and defined, as it remains unclear what this refers to-yet it was repeatedly mentioned throughout the Zoom call. This is public information, and withholding it only deepens community concerns about transparency. We also continue to request the crime statistics from the current encampments. Many neighbors and mothers have asked for this data, yet it was again deferred by the Lieutenant during the meeting. Frankly, our community is growing weary of elected officials holding closed-door discussions and limiting public access to essential information. These decisions affect all of us, and we expect open communication, not secrecy. Until transparency and accountability are restored, you no longer have my vote or trust. Respectfully, Maryellen Mullin Fong - 9/10 11/12/25, 2:22 PM FW: Follow up on Tuesday's commitments - Nguyen Pham - Outlook Maryellen Mullin Fong about:blank 10/10 11/12/25, 2:22 PM FW : Follow up on Tuesday's commitments -Nguyen Pham -Outlook Maryellen Mullin Fon~ about:blank 10/10 Comments from November 6, 2025, Open House Event/ Special City Council Meeting Comments from November 6, 2025, Open House Event/ Special City Council Meeting 11 /12/25, 3:13 PM lnbox -Nguyen Pham -Outlook Outlook FW: 350 Merrydale -Tiny Homes Project I New submission from Contact the City Clerk's Office From Brenna Nurmi <Brenna.Nurmi@cityofsanrafael.org> Date Wed 11/12/2025 3:10 PM To Nguyen Pham <Nguyen.Pham@cityofsanrafael.org> Cc Distrib-City Clerk <City.Clerk@cityofsanrafael.org> Here is another, N. 8 From: Sent: Wednesday, November 12, 2025 2:35 PM To: Distrib-City Clerk <city.clerk@cityofsanrafael.org> Subject: 350 Merrydale -Tiny Homes Project I New submission from Contact the City Clerk's Office Name Bernard Samet Email Subject 350 Merrydale -Tiny Homes Project Message Lara please add this to the public comments for the Nov. 17th meeting. As of Nov 12th, there are no reasons posted on SR's website as to why the 21 alternative sites were rejected by theCity. Without knowing the reasons, we are being kept in the dark and cannot make our own assessments. Is it possible these sites were selected AFTER the project was given the green light? 5 of the 21 sites are already being renovated/under construction. FYI, sites 6 and 19 are actually the same site (Yacht Way and Terrapin) https://outlook.office365.com/mail/i nbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AvYZfAjdaN0mMbVApQjCGlwAAYDBTGQAA 1/1 From: Betty Shea Sent: Wednesday, November 12, 2025 8:26 PM To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli Hill <eli.hill@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>; Distrib- City Clerk <city.clerk@cityofsanrafael.org> Cc: opinion@marinij.com; Richard Halstead, Marin IJ <rhalstead@marinij.com>; Cameron Macdonald <cmacdonald@marinij.com>; Steven Rosenfeld, Marin IJ <srosenfeld@marinij.com> Subject: 350 Merrydale – For Immediate Posting and Inclusion on the City Council Agenda Dear City Council, It is appalling that you have advanced as far as you have with the bait and switch on 350 Merrydale without a robust public process. You have all defied the trust of your constituents; if you move forward, it will be in direct contravention of the will of the people. To date, there is no Environmental Impact analysis or report for this site, as required by the State-certified Housing Element or specific to any consideration for a homeless compound. This is simply egregious, and we demand that you immediately rescind any backroom deals you have consented to or entertained. We do not want our tax dollars – city and county tax dollars – wasted on this pipedream. Use funds to actually address a successful and thoughtful solution. The homeless are not your political pawns. But neither are we! Sincerely, Betty Shea San Rafael 30 plus years resident From: Sent: Thursday, November 13, 2025 10:41 AM To: Eli Hill <Eli.Hill@cityofsanrafael.org> Cc: Distrib- City Clerk <City.Clerk@cityofsanrafael.org> Subject: Re: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote Hi Councilmember Hill, Thanks for your reply. I want to be candid: do you truly feel a vote on this project can move forward without directly engaging the local businesses and community at the 350 Merrydale site? At a minimum, that outreach should occur before any decision is made. Or has this decision already been effectively made for you and the other councilmembers? This item should be removed from the agenda and postponed until public commentary and community engagement can be properly gathered. Our neighborhoods deserve adequate time and full transparency around this process. So far, the planning has taken place behind closed doors, without collaboration, and we’ve been left in the dark on key details. That is simply not acceptable. There has also been conflicting information throughout. The City and County appear to be significantly overpaying for this property, which raises questions about the need for any closed-door discussions related to negotiation. And if this ever moves to a developer-led phase, estimates suggest it could cost $80+ million to build out. How is that a responsible use of taxpayer dollars in exchange for an $8 million grant with heavy conditions attached? This is a collective decision for the entire Council, and there is no reason for it to be pushed through with such urgency. What is driving this aggressive timeline? Many of the alternative sites presented aren’t truly viable or appear duplicative, which only adds to the concern. This issue isn’t going away—for you or for any councilmember. The community deserves respect, time, genuine engagement, collaboration, and full transparency around both the process and the decisions being made. Please take the time to rebuild trust before any vote moves forward. Myself and others are available to meet anytime before the Monday vote, I’m sure you can find 30 minutes. It’s a short 10 minute drive for you. Let’s make it happen at a bare minimum. Regards, Carter Carter Phelps On Nov 12, 2025, at 4:50 PM, Eli Hill <Eli.Hill@cityofsanrafael.org> wrote: Dear Carter, Thank you for reaching out and for your continued engagement regarding the 350 Merrydale Project. I appreciate the time and thought your neighborhood committee has dedicated to understanding the proposal and sharing your perspectives. While I’m unable to meet in person due to scheduling constraints, I welcome your input and value the concerns raised by the Rafael Meadows, Merrydale, and Redwood Village communities. To ensure your message is part of the public record, I’ve included the City Clerk on this email. Please feel free to share any additional thoughts, questions, or materials by email. Much appreciated, Eli Eli Hill Councilmember District 2, City of San Rafael Pronouns: he, him, his <Outlook-x5cgbmki.png> From: Sent: Monday, November 10, 2025 1:08 PM To: Eli Hill <eli.hill@cityofsanrafael.org> Subject: 350 Merrydale Visit: Meet with Neighborhood Representatives Before the November 17th Vote Dear Councilmember Hill, I hope this note finds you well. Following up on my voicemail. I’m writing on behalf of our San Rafael Meadows, Redwood Village and Merrydale communities to respectfully invite you to meet in person at the 350 Merrydale property ahead of the City Council’s scheduled vote on November 17th. On Saturday we had a neighborhood walkabout on and around the property and many of us feel it’s essential that Council members have the opportunity to see the site and vicinity firsthand and hear directly from those who live in the surrounding area. We would like to share some new and specific concerns about the City’s plan for the homeless shelter/housing project and especially the impact it will have on nearby neighborhoods and the broader community following recent conversations with the SRPD. To make this convenient for you, we are arranging small-group meetings with individual Council members on separate days next week. The visit would take no more than 30–45 minutes, and we would be happy to accommodate your schedule. We believe that a brief, on-site conversation will provide valuable context and help ensure that the Council’s upcoming decision reflects both the project’s intent and the realities faced by those who will be most directly affected. Please let me know a day and time next week that works best for you — we will gladly adjust to your availability. Thank you very much for your time, consideration, and service to our community. We sincerely hope you’ll join us for this important discussion before the vote. Warm regards, Carter Phelps On behalf of the San Rafael Meadows, Merrydale and Redwood Village residents Carter Phelps From: Ed Shea Sent: Wednesday, November 12, 2025 8:16 PM To: Mayor Kate <kate.colin@cityofsanrafael.org>; Maika Llorens Gulati <maika@cityofsanrafael.org>; Eli Hill <eli.hill@cityofsanrafael.org>; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>; Distrib- City Clerk <city.clerk@cityofsanrafael.org> Cc: rhalstead@marinij.com; Cameron Macdonald <cmacdonald@marinij.com>; srosenfeld@marinij.com Subject: 350 Merrydale – For Immediate Posting and Inclusion on the City Council Agenda kate.colin@cityofsanrafael.org maika@cityofsanrafael.org eli.hill@cityofsanrafael.org maribeth.bushey@cityofsanrafael.org rachel.kertz@cityofsanrafael.org city.clerk@cityofsanrafael.org RE: 350 Merrydale – For Immediate Posting and Inclusion on the City Council Agenda Dear City Council, I am writing to you on behalf of the adjacent communities to your proposed homeless site, as referenced above. First and foremost, I demand that this item be continued from any City Council action, since you have failed as the City Council elected to represent us, the taxpayers. This is a clear dereliction of your duties; you have ZERO support for this project and you have been unfaithful to your office and your oath by operating in secret and without input. Specifically, this site is a published housing opportunity site that has been confirmed and certified by the State. I demand you reveal when this site was reconsidered for a homeless shelter and when. You have demonstrated that you have ZERO regard for solving homelessness. 350 Merrydale is likely the worst possible site to consider to address the real needs of the homeless population and it is not a viable or resilient solution in large part to your very own published constraints of the site. This is remarkably incompetent and callous. Do you really want to create another Ritter Center and 4th Street debacle? Have you failed to learn from your previous disasters? You have eroded the public’s trust. Remove this item from any further consideration and cease from any further attempts to bamboozle your constituents. Sincerely, Edward J. Shea Jr. San Rafael, CA 94903 30+ year resident of San Rafael Meadows cc: Marin IJ Editorial Board Richard Halstead, Marin IJ (rhalstead@marinij.com) Cameron Macdonald, Marin IJ (cmacdonald@marinij.com) Steven Rosenfeld, Marin IJ (srosenfeld@marinij.com) From: Sent: Thursday, November 13, 2025 12:20 PM To: Lindsay Lara <lindsay.lara@cityofsanrafael.org> Subject: 350 Merrydale - November 17 Agenda Item Public Comments PLEASE POST IN THE PUBLIC RECORD Dear Lindsay: Could you please include the following Marin IJ Letters to The Editor published over the last month regarding the 350 Merrydale Project. I believe it will be helpful for the City Council Members and the Mayor to read them before they make their decision and take their vote on the property at the November 17 Public Hearing. Sincerely Ken Dickinson The Brown Act Source: California Gov. Code Section 54950 This chapter shall be known as the Ralph M. Brown Act. “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” Marin IJ Readers’ Forum for Oct. 29, 2025 By Letters to the editor PUBLISHED: October 28, 2025 at 12:58 PM PDT San Rafael community caught off guard by tiny homes plan Along with many other residents of the San Rafael Meadows and Merrydale neighborhoods, I was stunned to learn, through a press conference on Oct. 15, that our city had selected 350 Merrydale Road for a 65-unit “tiny home” shelter village. Until that day, I knew of no one from the surrounding communities who had been informed, consulted or even notified that this property was under consideration. I want to be clear, I am not opposing solutions for homelessness or affordable housing. I’ve lived in the San Rafael Meadows neighborhood for 27 years and I’ve always tried to stay involved in local politics. I served on the flood zone advisory board and advocated for the “Quiet Zone” along the Sonoma-Marin Area Rail Transit line. I know that our community values compassion, inclusion and smart planning. What I’m opposed to is the lack of transparency and the absence of public dialogue in how this project is being handled. According to the IJ article (“San Rafael, Marin County to provide small dwellings for homeless,” Oct. 17), the City Council will not consider the purchase agreement until Nov. 17, yet city and county officials (along with what appears to be the full force and presence of state officials) publicly announced the project on Oct. 15. I think they acted as if it were a done deal, a “fait accompli.” The article also notes a “tentative agreement” was reached in closed session on Oct. 2, but no public report was ever made. Residents are now being invited to “provide feedback” only after the public rollout and long after key decisions appear to have been made behind closed doors. That’s not inclusion, it’s damage control. As a part of the community, I am asking city officials to pause, disclose the timeline and approvals behind this project, and begin a genuine conversation with the people who live here. San Rafael deserves public processes that are open, honest and worthy of our trust. — Ken Dickinson, San Rafael Marin IJ Readers’ Forum for Oct. 31, 2025 By Letters to the editor PUBLISHED: October 30, 2025 at 12:58 PM PDT San Rafael plan is a risky disruption for neighborhood As long-time residents of San Rafael Meadows, we are writing to express our strong opposition to the proposed tiny-home project for the homeless, just 0.2 miles, or a six- minute walk, from our front door (“San Rafael, Marin County to provide small dwellings for homeless,” Oct. 16). My husband and I moved here over 30 years ago and raised our two sons in this safe, quiet, family-oriented neighborhood. We were shocked to learn city officials are considering placing a homeless housing site so close to an established residential area and longtime local businesses. Equally troubling is the lack of transparency in the decision-making process. There was no proactive outreach or communication with nearby residents before this plan advanced. It feels as though the voices of those most affected have been ignored. We also have serious concerns about public safety, sanitation and maintenance. Without clear plans for on-site management, security and ongoing upkeep, the risk of increased crime, litter and unsanitary conditions is real. These are not hypothetical concerns — they could quickly diminish the quality of life we’ve worked hard to build and preserve. We understand the need to address homelessness with compassion and effective solutions. But placing this project within steps of a stable neighborhood is not the right approach. Other sites are better suited for this type of housing, locations that wouldn’t place such a disproportionate burden on families and long-standing residents. We urge Mayor Kate Colin and other city representatives to reconsider this location, engage openly with the community and explore alternatives that meet the needs of the unhoused while protecting the character and safety of neighborhoods like San Rafael Meadows. —Betty Shea and Ed Shea, San Rafael Marin IJ Readers’ Forum for Nov. 1, 2025 By Letters to the editor PUBLISHED: October 31, 2025 at 12:58 PM PDT San Rafael officials picked wrong place for tiny homes I was disappointed to read about apparent closed meetings and secret negotiations in regard to the decision by San Rafael officials to build tiny homes for the unhoused at 350 Merrydale Road (“San Rafael, Marin County to provide small dwellings for homeless,” Oct. 16). It feels like Mayor Kate Colin and the San Rafael City Council are trying to sneak this through. That would be shameful. Terra Linda is the wrong place to build what I consider to be just another encampment with many of the same issues. — Craig A. Nelson, San Rafael Marin IJ Readers’ Forum for Nov. 2, 2025 By Letters to the editor PUBLISHED: November 1, 2025 at 12:56 PM PDT Neighbors need time to discuss plan with city I am writing in response to the article published Oct. 16 with the headline “San Rafael, Marin County to provide small dwellings for homeless.” The plan appears to call for lockable cabins to provide shelter for those interested residents currently residing in the sanctioned Mahon Creek encampment. The tiny homes are planned for 350 Merrydale Road. On the surface, any program for the homeless that provides housing, even temporarily, is a step above the usual and should be applauded. However, this project is not without issues and detractors. The local neighborhood where this project is slated is represented by the Rafael Meadows homeowner’s association, of which I am a member. Most of us were blindsided by the news of this project. By Oct. 20, our HOA had mobilized, holding a well-attended meeting at the local pizzeria. By the next evening at the scheduled San Rafael City Council meeting, about 12 of my neighbors got up to comment on the issue. They were all vehemently against the project. Problems cited included the site being close to where children play and close to daycare centers. There are concerns about sanitation, as well as worries about issues related to drug usage and mental illness. I think this blindsiding was deliberate. It seems to be an attempt to ram the project through before local residents have a chance to organize and explain their opposition. I feel the time frame for this project needs to be delayed so that both sides can more fully explore and explain their positions to each other. Who knows? Maybe we can come up with a plan both sides can agree on. — Bernie Samet, San Rafael Marin IJ Readers’ Forum for Nov. 5, 2025 By Letters to the editor PUBLISHED: November 4, 2025 at 12:58 PM PST San Rafael should open a hotel to homeless right now I am writing in response to the article published Oct. 16 with the headline “San Rafael, Marin County to provide small dwellings for homeless.” I think city officials should look into the feasibility of contracting with a local hotel in the Northgate area to house homeless people. City officials should then proceed to find a nonprofit builder for the permanent buildings on the 350 Merrydale Road property. The money earmarked for the purchase of the 64 temporary tiny homes and the estimated $2 million annual maintenance thereof could be better used for sheltering people in rooms that have private bathrooms, coffee makers and mini fridges for food storage. Additionally, something located within walking or biking distance of the Northgate mall could provide services and a variety of work possibilities. — Roxanna Atkins, San Rafael Marin IJ Readers’ Forum for Nov. 9, 2025 By Letters to the editor PUBLISHED: November 8, 2025 at 12:56 PM PST San Rafael’s process feels authoritarian, dismissive I’m deeply frustrated with how San Rafael officials — especially the mayor and council members — have handled the new proposed “tiny homes” project in my Terra Linda neighborhood (“San Rafael, Marin County to provide small dwellings for homeless,” Oct. 16). Residents here were completely blindsided. It appears that this decision was made behind closed doors before the people most affected were ever informed or invited to be part of the process. I think the way it was announced through a media event felt more like an executive order than local government. I consider it authoritarian and dismissive of residents’ voices. All I’m asking for is transparency, honesty and genuine community involvement. Marin residents have already made it clear they oppose this kind of top-down leadership — just look at the “No Kings” rally and the calls for accountable government. In this case, it feels like San Rafael officials need a reminder. — Frank Mason, San Rafael Marin IJ Readers’ Forum for Nov. 11, 2025 By Letters to the editor PUBLISHED: November 10, 2025 at 12:57 PM PST Transparency should be essential part of strategy The recent article about Marin County’s homelessness funding crisis (“Marin officials reassess homelessness strategy in face of obstacles,” Nov. 2) reminds us that success in reducing homelessness is fragile without clear, inclusive planning and transparent decision-making. Here in my San Rafael neighborhood, the ambitious plan at 350 Merrydale Road seems to tick many of the boxes — interim cabins, support services and long-term housing — yet the rollout has left many neighbors with the sense of being an afterthought. When major decisions about land acquisition and site operations ($7.3 million, plus about $2 million annually) are made and announced with only a month or less of visible public input, it raises the question: Is this being done for the community or to the community? Homelessness is too serious to be treated as a political hot potato — but when decisions are made under time pressure, with closed negotiations and limited early community involvement, that’s exactly how it looks. If San Rafael and Marin County officials truly want to build public trust, they should pause, share all the financial and operational details, invite wide input and measure results publicly — not just after the fact. Transparency isn’t optional: it’s essential for effective, sustainable and widely supported solutions. — Janet Shirley, San Rafael PLEASE POST IN THE PUBLIC RECORD From: Wayne Rayburn Sent: Thursday, November 13, 2025 11:47 AM To: Mayor Kate <kate.colin@cityofsanrafael.org>; miaka@cityofsanrafael.org; eli.hill@cityofsanrafael.com; Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>; Distrib- City Clerk <city.clerk@cityofsanrafael.org> Subject: 350 Merrydale Road RE: 350 Merrydale Road - For Immediate Posting and Inclusion on the City Council Agenda Please Post in Public Comments Dear City Council Members, San Rafael Meadows, Merrydale residents and business owners were blindsided by a City and County plan to build an interim homeless shelter at 350 Merrydale Road. There was no community input, no safety plan and no clear assessment of the impact on our neighborhood. I fully support compassionate, effective solutions to homelessness, but this proposal was crafted without transparency or community involvement. The community deserves a voice, openness with a safer and smarter solution which helps those in need without harming local families and businesses. This project has moved forward with minimal outreach to the people who live and work here every day. Decisions with lasting impact on our neighborhoods must involve open dialogue not unilateral action. The proposed site raises serious concerns about safety, security and local business stability. Information from other areas, similar projects without proper planning have led to increased disturbances and crime. Resulting in hurting small businesses and community trust. I urge city officials to reconsider the location at this time. I encourage them to engage in genuine public discussions around exploring alternative sites and partnerships that address homelessness responsibility effectively. Thank You for your consideration on this matter. Regards, Wayne M. Rayburn Please post in public comments 4905-1168-9087 v3 Title and Escrow Documents 4905-1168-9087 v3 12. Policy of Title Insurance from First American Title Company Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and A LTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 1 of 16 Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.: Issuing Agent: First American Title Company Issuing Office: 3130 Crow Canyon Place, Ste 170, San Ramon, CA 94583 Issuing Office’s ALTA® Registry ID: 1005714 Issuing Office File Number: 0131-628012ala Property Address: APNs 179-041-27 and 179-041-28, San Rafael, CA SCHEDULE A Name and Address of Title Insurance Company: First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707 Policy Number: 0131-628012ala Amount of Insurance: $6,700,000.00 Premium: $4,020.00 Date of Policy: November 26, 2025 at 11:58 A.M. 1. The Insured is: City of San Rafael, a municipal corporation of the State of California 2. The estate or interest in the Land insured by this policy is: Fee 3. The Title is vested in: City of San Rafael, a municipal corporation of the State of California 4. The Land is described as follows: See Exhibit A attached hereto and made a part hereof Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and A LTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 2 of 16 SCHEDULE B Policy Number: 0131-628012ala EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 1. (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, wh ether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumsta nce affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and A LTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 3 of 16 8. General and special taxes and assessments for the fiscal year 2025-2026. First Installment: $11,744.63, PAID Penalty: $0.00 Second Installment: $11,744.63, OPEN Penalty: $0.00 Tax Rate Area: 008-039 A. P. No.: 179-041-27 Affects: Portion of the Land 9. General and special taxes and assessments for the fiscal year 2025-2026. First Installment: $148.96, PAID Penalty: $0.00 Second Installment: $148.96, OPEN Penalty: $0.00 Tax Rate Area: 008-044 A. P. No.: 179-041-28 Affects: Portion of the Land 10. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 11. An easement for CONSTRUCTION & MAINTENANCE OF A SANITARY SEWER, 10' IN WIDTH and incidental purposes, recorded NOVEMBER 14, 1955 as BOOK 986, PAGE 84 of Official Records. In Favor of: LAS GALLINAS VALLEY SANITARY DISTRICT, A PUBLIC CORPORATION Affects: CENTRAL PORTION 12. Abutter's rights of ingress and egress to or from HIGHWAY, UPON WHICH PREMISES ABUTS have been relinquished in the document recorded JANUARY 03, 1961 as BOOK 1425, PAGE 567 of Official Records. Abutter's rights of ingress and egress to or from HIGHWAY, UPON WHICH PREMISES ABUTS have been relinquished in the document recorded JULY 07, 1961 as BOOK 1477, PAGE 315 of Official Records. 13. Relinquishment of abutter's rights of ingress and egress to or from FREEWAY upon which the Land abuts, and waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, both contained in the document recorded JANUARY 03, 1961 as BOOK 1425, PAGE 570 of Official Records. Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and A LTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 4 of 16 14. An easement for INSTALLATION AND MAINTENANCE OF WATER LINE 3' IN WIDTH and incidental purposes, recorded JANUARY 31, 1974 as BOOK 2761, PAGE 98 of Official Records. In Favor of: ALBERT C. STORER AND ARLENE C. STORER Affects: SOUTHEASTERLY PORTION Terms and provisions contained in the above document. 15. An easement for FLOOD CONTROL PURPOSES AND ACCESS and incidental purposes, recorded DECEMBER 12, 1974 as BOOK 2852, PAGE 577 of Official Records. In Favor of: THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA Affects: NORTHERLY PORTION The effect of a document entitled "Quitclaim Deed", recorded November 17, 1977 as Book 3293, Page 304 of Official Records. 16. An easement shown or dedicated on the Map as referred to in the legal description For: ROADWAY AND UTILITY and incidental purposes. 17. Abutter's rights of ingress and egress to or from U.S. HIGHWAY 101, have been dedicated or relinquished on the filed Map. 18. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway. 19. Water rights, claims or title to water, whether or not shown by the Public Records. 20. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 21. The terms and provisions contained in the document entitled "Regulatory Agreement and Declaration of Restrictive Covenants" recorded November 26, 2025 as Instrument No. 2025-0030685 of Official Records. Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and A LTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 5 of 16 EXHIBIT A The Land referred to herein below is situated in the County of Marin, State of California, and is described as follows: Parcel B, as shown upon that certain Parcel Map entitled "PARCEL MAP DIVISION OF LANDS OF JACOBSON AND CLAYTON LOTS 1 TO 13 AND 22 TO 31 MAP OF SUBDIVISION "A" GOLF LINKS TRACT (2 MAPS 7), City of San Rafael, California October 1982", filed for record February 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 and 179-041-28 (APN provided for informational purposes only.) Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 6 of 16 ALTA OWNER’S POLICY OF TITLE INSURANCE issued by FIRST AMERICAN TITLE INSURANCE COMPANY This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Condition 17. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the “Company”), insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. The Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance against loss from: a. a defect in the Title caused by: i. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; ii. the failure of a person or Entity to have authorized a transfer or conveyance; iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized (including by remote online notarization), or delivered; iv. a failure to perform those acts necessary to create a document by electronic means authorized by law; v. a document executed under a falsified, expired, or otherwise invalid power of attorney; vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure to have performed those acts by electronic means authorized by law; vii. a defective judicial or administrative proceeding; or viii. the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable electronic transactions law. b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. c. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only if the encumbrance, Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 7 of 16 violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been disclosed by an accurate and complete land title survey of the Land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to: a. the occupancy, use, or enjoyment of the Land; b. the character, dimensions, or location of an improvement on the Land; c. the subdivision of the Land; or d. environmental remediation or protection on the Land. 6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice. 7. An exercise of the power of eminent domain, but only to the extent: a. of the exercise described in an Enforcement Notice; or b. the taking occurred and is binding on a purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice. 9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy: a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a: i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors’ rights law; or ii. voidable transfer under the Uniform Voidable Transactions Act; or b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors’ rights law by reason of the failure: i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records. Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 8 of 16 DEFENSE OF COVERED CLAIMS The Company will also pay the costs, attorneys’ fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 9 of 16 EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchas er had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 10 of 16 CONDITIONS 1. DEFINITION OF TERMS In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires: a. “Affiliate”: An Entity: i. that is wholly owned by the Insured; ii. that wholly owns the Insured; or iii. if that Entity and the Insured are both wholly owned by the same person or entity. b. “Amount of Insurance”: The Amount of Insurance stated in Schedule A, as may be increased by Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy. c. “Date of Policy”: The Date of Policy stated in Schedule A. d. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. e. “Enforcement Notice”: A document recorded in the Public Records that describes any part of the Land and: i. is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation; ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power; or iii. asserts a right to enforce a PACA PSA Trust. f. “Entity”: A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real property in the State where the Land is located. g. “Insured”: i. (a). The Insured named in Item 1 of Schedule A; (b). the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or reorganization; (d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity; or (e). the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is: (1). an Affiliate; (2). a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured; (3). a spouse who receives the Title because of a dissolution of marriage; (4). a transferee by a transfer effective on the death of an Insured as authorized by law; or (5). another Insured named in Item 1 of Schedule A. ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. h. “Insured Claimant”: An Insured claiming loss or damage arising under this policy. i. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. j. “Land”: The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 11 of 16 not modify or limit the extent that a right of access to and from the Land is insured by this policy. k. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. l. “PACA-PSA Trust”: A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal law. m. “Public Records”: The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. n. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. o. “Title”: The estate or interest in the Land identified in Item 2 of Schedule A. p. “Unmarketable Title”: The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF COVERAGE This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured: a. retains an estate or interest in the Land; b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured’s Title. Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortga ge given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured must notify the Company promptly in writing if the Insured has Knowledge of: a. any litigation or other matter for which the Company may be liable under this policy; or b. any rejection of the Title as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company’s liability to the Insured Claimant under this policy is reduced to the extent of the prejudice. 4. PROOF OF LOSS The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those covered causes of action. The Company is not liable for and will not pay the fees of any other counsel. The Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 12 of 16 Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured against by this policy. b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that, in its opinion, may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it is liable to the Insured. The Company’s exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must do so diligently. c. When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. When requested by the Company, the Insured, at the Company’s expense, must give the Company all reasonable aid in: i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter, as insured. If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company’s liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation. b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant must grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all the records in the custody or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by law, terminates any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company has the following additional options: a. To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option provided for in Condition 7.a., the Company’s Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 13 of 16 liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation. b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either option provided for in Condition 7.b., the Company’s liability and obligations to the Insured under this policy for the claimed loss or damage terminate, including any obligation to defend, prosecute, or continue any litigation. 8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title. a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of: i. the Amount of Insurance; or ii. the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the matter insured against by this policy. b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy. c. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as insured: i. the Amount of Insurance will be increased by 15%; and ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the fair market value of the Title in Condition 8.a.ii. e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will also pay the costs, attorneys’ fees, and expenses incurred in accordance with Conditions 5 and 7. 9. LIMITATION OF LIABILITY a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a reasonable manner: i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; ii. cures the lack of a right of access to and from the Land; or iii. cures the claim of Unmarketable Title, all as insured. The Company may do so by any method, including litigation and the completion of Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 14 of 16 any appeals. b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the Company’s consent, until a State or federal court having jurisdiction makes a final, non-appealable determination adverse to the Title. c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. d. The Company is not liable for the content of the Transaction Identification Data, if any. 10. REDUCTION OR TERMINATION OF INSURANCE All payments under this policy, except payments made for costs, attorneys’ fees, and expenses, reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and the amount so paid will be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the loss or damage within 30 days. 13. COMPANY’S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but limited to the amount of any loss, costs, attorneys’ fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. c. The Company’s subrogation right includes the Insured’s rights to indemnity, guaranty, warranty, insurance policy, or bond, despite any provision in those instruments that addresses recovery or subrogation rights. 14. POLICY ENTIRE CONTRACT a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic means authorized by law. b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: i. modify any prior endorsement, ii. extend the Date of Policy, iii. insure against loss or damage exceeding the Amount of Insurance, or iv. increase the Amount of Insurance. 15. SEVERABILITY Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 15 of 16 In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will remain in full force and effect. 16. CHOICE OF LAW AND CHOICE OF FORUM a. Choice of Law The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law affecting interests in real property and the State law applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is located. The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of claims against the Title and the interpretation and enforcement of the terms of this policy, without regard to conflicts of law principles to determine the applicable law. b. Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court having jurisdiction. 17. NOTICES Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone: 888 -632- 1642 (claims.nic@firstam.com). 18. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS POLICY, ANY BREACH OF A POLICY PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS POLICY, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. 19. ARBITRATION a. All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be resolved by arbitration. If the Amount of Insurance is $2,000,000 or less, any claim or dispute may be submitted to binding arbitration at the election of either the Company or the Insured. If the Amount of Insurance is greater than $2,000,000, any claim or dispute may be submitted to binding arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“ALTA Rules”). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). The AAA Rules are available online at www.adr.org. b. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ANY ARBITRATION GOVERNED BY CONDITION 19. The arbitrator does not have authority to conduct any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstance. c. If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 19, then only that request for particular relief may be brought in court. All other requests for relief remain subject to this Condition 19. d. The Company will pay all AAA filing, administration, and arbitrator fees of the consumer when the Owner's Policy of Title Insurance California (WRE) - 2021 v. 01.00 (07-01-2021) * Copyright 2025 First American Financial Corporation. All rights reserved. All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may not be copied or used for derivative products/services without the prior express written permission of First American Financial Corporation. ** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50125406 (5-24-22) Page 16 of 16 arbitration seeks relief of $100,000 or less. Other fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. 4905-1168-9087 v3 13. Final Settlement Statement – American Land Title Association Copyright 2015 American Land Title Association. All rights reserved Page 1 of 2 File # 0131-628012ala Printed on 12/01/2025 at 2:56 PM American Land Title Association ALTA Settlement Statement - Seller Adopted 05-01-2015 File No.: 0131-628012ala First American Title Company 3130 Crow Canyon Place, Ste 170 • San Ramon, CA 94583 Phone: (925)738-4050 Fax: (866)648-7806 Final Settlement Statement Printed: 12/01/2025, 2:56 PM Officer/Escrow Officer: Tammi Buna/AM Settlement Location: 3130 Crow Canyon Place, Ste 170, San Ramon, CA 94583 Property Address: APNs 179-041-27 and 179-041-28, San Rafael, CA Buyer: City of San Rafael Seller: Ridgewood Properties Partnership, LLC; Merrydale-Clayton LLC Lender: Settlement Date: 11/26/2025 Disbursement Date: 11/26/2025 Seller Description Debit Credit Financial Sale Price 6,700,000.00 Prorations/Adjustments Independent Consideration Not Applicable 1,000.00 Title Charges & Escrow / Settlement Charges CA Withhold Assistance Fee Francine Clayton to First American Title Company 45.00 Notary/Signing Fee to First American Title Company 295.00 Real Estate Broker Compensation Real Estate Broker Compensation to Land Advisors 201,000.00 Miscellaneous Connection Fee Payment to Las Gallinas Valley Sanitary District POC $155,341.80 Invoice dated 11/24/2025 to Lubin Olson & Niewiadomski, LLP 80,000.00 Net Proceeds (50%) to Ridgewood Properties 3,134,871.88 Net Proceeds (50%) Less FTB Fees to Merrydale-Clayton LLC 3,127,655.87 Invoice Oct-25 to Campus Property Group 14,568.75 Invoice Nov-25 to Campus Property Group 1,417.50 Sale Profit Participation Fee to Campus Property Group 134,000.00 CA 593 Withholding Francine Clayton to Franchise Tax Board 7,146.00 1st Installment 25/26 APN 179-041-27 to Marin County Tax Collector POC $11,744.63 1st Installment 25/26 APN 179-041-27 to Marin County Tax Collector POC $148.96 Subtotals 6,701,000.00 6,701,000.00 Due From/To Seller Totals 6,701,000.00 6,701,000.00 NO PRORATIONS PURSUANT TO SECTON 7.5 Copyright 2015 American Land Title Association. File # 0131-628012ala All rights reserved Page 2 of 2 Printed on 12/01/2025 at 2:56 PM Copyright 2015 American Land Title Association. All rights reserved Page 2 of 2 File # 0131-628012ala Printed on 12/01/2025 at 2:56 PM 4905-1168-9087 v3 14. Supplemental Escrow Instructions 1999 Harrison Street - Suite 1650 Oakland, California 94612-3520 voice 510.273.8780 - fax 610.839.9104 www bwslaw.com Direct No.: 949.265.3404 mnihan@bwslaw.com November 25, 2025 VIA E-MAIL Ava MacWilliams First American Title Company 3130 Crow Canyon PI. #170 San Ramon, CA 94583 Re: Agreement for Purchase and Sale and Joint Escrow Instructions accepted and dated November 25, 2025 (“Agreement”), with respect to the property located at 350 Merrydale/3833 Redwood Highway, San Rafael, CA (“Property”)- Supplemental Escrow Instructions Dear Ms. MacWilliams: This letter constitutes the supplemental escrow instructions (the “Supplemental Escrow Instructions’) of City of San Rafael (“Buyer”) to the Agreement. Capitalized terms not defined in these Supplemental Escrow Instructions shall have the meaning given to them in the Agreement. In addition to the provisions of the Agreement applicable to you, you are hereby authorized and instructed as follows: A. Documents and Funds. You have received or will receive the following documents and funds for the purposes specified below: 1. Confirmation from the Title Company that it will issue a policy of title insurance including only the Permitted Exceptions as of the Closing; 2. One (1) Grant Deed, executed and acknowledged by Seller, conveying the Property to Buyer (“Deed”); 3. One (1) Certificate of Acceptance, executed and acknowledged by Buyer, accepting the Deed; 4. One (1) Seller Assignment, signed by Buyer and Seller in counterpart; 5. Evidence the Connection Fee Payment has been made to the Las Gallinas Valley Sanitary District; 4923-3470-6556 v3 Los Angeles ~ Inland Empire - Marin County — Oakland - Orange County — Palm Desert - San Diego - San Francisco - Silicon Valley ~ Ventura County BURKE, WILLIAMS & SORENSEN, LLP Ava MacWilliams November 25, 2025 Page 2 6. One (1) non-foreign certification, executed by Seller; 7. One (1) California Form 593 for Seller properly executed by Seller; 8. One (1) closing settlement statement executed by Seller; 9. The premium of the Title Policy, 100% of the escrow fees, charges, and costs, from Buyer; 10. One (1) original executed Preliminary Change of Ownership Report executed by Buyer; 11. One (1) closing settlement statement executed by Buyer; 12. From Buyer, the Purchase Price; 13. From Seller, a completed and signed Owner's Affidavit; 14. From County of Marin, a fully executed original, notarized Regulatory Agreement and Declaration of Restrictive Covenants signed by County of Marin and Buyer, B. Closing Conditions. You are instructed to close the transaction only upon the complete satisfaction of the following conditions: 1. You have received fully executed documents listed in Section A.2 to A.4, A.6 to A.8, A.10, A.11, A.13 and A.14 of these Supplemental Escrow Instructions. 2. You have received the funds listed in Section A.9 and A.12 of these Supplemental Escrow Instructions. 3. You have prepared and delivered to Buyer a preliminary closing statement reflecting all charges, costs and fees to be borne by Buyer and all other disbursements and the recipients thereof, and after approval of such preliminary closing statement, you shall have telephonically advised me, John Stefanski, or Lisa Maxwell of any change therein and received telephonic approval of such change from one of the three of us. 4, You have received verbal authorization by telephone from me at 949-525- 1015, Lisa Maxwell at 925-348-4696, John Stefanski at 415-485-3475. 4923-3470-6556 v3 BURKE, WILLIAMS & SORENSEN, LLP Ava MacWilliams November 25, 2025 Page 3 C. Closing. You should close this transaction only when all conditions in Section C have been fully satisfied. The parties anticipate closing November 26, 2025. When those conditions have been satisfied, you are instructed to do the following items in the order listed below: 1. Attach Seller's signed counterpart of the Seller Assignment to the body of the signed document received from City and fill in date blanks with the Closing Date; 2. Attach the Certificate of Acceptance to the Deed and fill in any blanks in the Deed or Certificate of Acceptance with the Closing Date; 3. Email the documents described in C.1 and C.2 to Meghan E. Nihan at mnihan@bwslaw.com for approval; 4. Record the Deed, with Certificate of Acceptance attached per C.2, and then record the Regulatory Agreement in the Official Records of Marin County; 5. Disburse to Seller the Purchase Price; 6. Promptly following the recordation of the Deed and Regulatory Agreement, please email a copy of each, indicating applicable recording information, to: a. Meghan E. Nihan at mnihan@bwslaw.com, b. Andrea Visveshwara at Andrea. Visveshwara@cityofsanrafael.org, and C， John Stefanski at John.Stefanski@cityofsanrafael.org. E. General Instructions. If there are to be any changes in these Supplemental Escrow Instructions, you are not to proceed without further written authorization from Buyer. These Supplemental Escrow Instructions may only be modified by Buyer. All documents to be delivered to Buyer hereunder shall be delivered to the following address: City of San Rafael Attn: John Stefanski 1400 5% Avenue San Rafael, CA 94901 4923-3470-6556 v3 Ava MacWilliams November 25, 2025 Page 4 Please confirm your receipt and agreement to proceed in accordance herewith by signing below and returning an electronic pdf to me via email. Sincerely, BURKE, WILLIAMS & SORENSEN, LLP Meghan E. Nihan MEN Enclosure The undersigned agrees to act in accordance with the foregoing Supplemental Escrow Instructions. First American Title Company fotos ‘Ave MeeWiliahs, Escrow Officer Jules fal 00 4923-3470-6556 v3 4905-1168-9087 v3 15. Preliminary Change of Ownership Report (PCOR) BOE-502-A (P1) REV. 18 (05-23) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE (Make necessary corrections to the printed name and mailing address) [ City of San Rafael Attn: Finance Department 1400 Fifth Avenue San Rafael, CA 94901 一 ASSESSOR'S PARCEL NUMBER 179-041-27 and 179-041-28 SELLER/TRANSFEROR Ridgewood Properties and Merrydale-Clayton LLC BUYER'S DAYTIME TELEPHONE NUMBER (415) 485-3062 BUYER'S EMAIL ADDRESS [ | Paul.Navazio@cityofsanrafael.org STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY APNs 179-041-27 and 179-041-28, San Rafael, CA [] YES NO This property is intended as my principal residence. If YES, please indicate the date of occupancy púa pun ess or intended occupancy. [] YES NO Are you a 100% rated disabled veteran who was compensated at 100% by the Department of Veterans Affairs or an unmarried surviving spouse of a 100% rated disabled veteran? MAIL PROPERTY TAX INFORMATION TO (NAME) City of San Rafael, Attn: Finance Department MAIL PROPERTY TAX INFORMATION TO (ADDRESS) CITY STATE | ZIP CODE 1400 Fifth Avenue San Rafael CA | 94901 PART 1. TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES NO A. This transfer is solely between spouses (addition or removal of a spouse, death of a spouse, divorce settlement, etc. ). B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a Y partner, death of a partner, termination settlement, etc. ). *C. This is a transfer: [| between parent(s) and child(ren) [] between grandparent(s) and grandchild(ren). Was this the transferor/grantor's principal residence? [ YES [ NO Is this a family farm? [| yes [ ] No *D. This transfer is the result of a cotenant's death. Date of death *E, This transaction is to replace a principal residence owned by a person 55 years of age or older. *F, This transaction is to replace a principal residence by a person who is severely disabled. *G. This transaction is to replace a principal residence substantially damaged or destroyed by a wildfire or natural disaster for which the Governor proclaimed a state of emergency. H. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage). If YES, please explain: The recorded document creates, terminates, or reconveys a lender's interest in the property. Jl This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: : The recorded document substitutes a trustee of a trust, mortgage, or other similar document. L This is a transfer of property: 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of [ the transferor, and/or E] the transferor's spouse LJ] registered domestic partner. 2. to/from an irrevocable trust for the benefit of the [| creator/grantor/trustor and/or [] grantor's/trustor's spouse | grantor's/trustor's registered domestic partner. M. This property is subject to a lease with a remaining lease term of 35 years or more including written options. N. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. QO. This is a transfer subject to subsidized low-income housing requirements with governmentally imposed restrictions, or restrictions imposed by specified nonprofit corporations. This transfer is to the first purchaser of a new building containing a [| leased | owned active solar energy system. Q. Other. This transfer is to a municipal corporation, which is exempt from property taxes and documentary transfer tax * Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. * o pg a o o q 8 q Y DO . OF Cl W WS E Ex WS W WS S THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE-502-A (P2) REV. 18 (05-23) PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: B. Type of transfer: Purchase L] Foreclosure [| Gift [ Trade or exchange [ Merger, stock, or partnership acquisition (Form BOE-100-B) [ | Contract of sale. Date of contract: [] Inheritance. Date of death: [] Sale/leaseback [| Creation of a lease [ Assignment of a lease [] Termination of a lease. Date lease began: Original term in years (including written options). Remaining term in years (including written options): Ll] Other. Please explain: C. Only a partial interest in the property was transferred. [ YES NO If YES, indicate the percentage transferred: % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price $ 6,700,000.00 B. Cash down payment or value of trade or exchange excluding closing costs Amount $ 6,700,000 C. First deed of trust @ % interest for years. Monthly payment $ Amount $ E] FHA (—_ Discount Points) [] Cal-Vet E] VA (___Discount Points) [| Fixed rate [| Variable rate [ Bank/Savings & Loan/Credit Union E] Loan carried by seller [| Balloon payment $ Due date: D. Second deed of trust@_ %interestfor__ years. Monthly payment $ Amount $ [| Fixed rate [| Variable rate [| Bank/Savings & Loan/Credit Union [_] Loan carried by seller [L Balloon payment $ Due date: E. Was an Improvement Bond or other public financing assumed by the buyer? [_]yYes []No Outstanding balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G. The property was purchased: [Y] Through real estate broker. Broker name: Newmark Phone number: (415) 686-4659 [_] Direct from seller [| From a family member-Relationship [| Other. Please explain: H. Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred [ Single-family residence O Co-op/Own-your-own C] Manufactured home [__] Multiple-family residence. Number of units: [| Condominium [] Unimproved lot 0] Other. Description: (i.e., timber, mineral, water rights, etc.) [ Timeshare Commercial/Industrial B. Ll] YES NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available. If YES, enter the value of the personal/business property: $ Incentives $ Cc. [ YES NO A manufactured home is included in the purchase price. If YES, enter the value attributed to the manufactured home: $ YES [| NO The manufactured home is subject to local property tax. If NO, enter decal number: D. [_]yes NO The property produces rental or other income. If YES, the income is from: E] Lease/rent L | Contract [__] Mineral rights LJ Other: E. The condition of the property at the time of sale was: L] Good Average [ Fair [| Poor Please describe: CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief. ef — SIGNATURE OF BUYER/ 了了 NSF ‘OR CORPORATE OFFICER a) TELEPHONE > 25/75" (415) 485-3070 NAME OF BUYER/TRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) TITLE 4 4 EMAIL ADDRESS Cristine Alilovich City Manager of City Cristine.Alilovich@cityofsanrafael.org The Assessor's office may contact you for additional information regarding this transaction. BOE-502-A (P3) REV. 18 (05-23) ADDITIONAL INFORMATION Please answer all questions in each section, and sign and complete the certification before filing. This form may be used in all 58 California counties. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20). NOTICE: The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor. Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. NAME AND MAILING ADDRESS OF BUYER: Please make necessary corrections to the printed name and mailing address. Enter Assessor's Parcel Number, name of seller, buyer's daytime telephone number, buyer's email address, and street address or physical location of the real property. NOTE: Your telephone number and/or email address is very important. If there is a question or a problem, the Assessor needs to be able to contact you. MAIL PROPERTY TAX INFORMATION TO: Enter the name, address, city, state, and zip code where property tax information should be mailed. This must be a valid mailing address. PRINCIPAL RESIDENCE: To help you determine your principal residence, consider (1) where you are registered to vote, (2) the home address on your automobile registration, and (3) where you normally return after work. If after considering these criteria you are still uncertain, choose the place at which you have spent the major portion of your time this year. Check YES if the property is intended as your principal residence, and indicate the date of occupancy or intended occupancy. DISABLED VETERAN: If you checked YES, you may qualify for a property tax exemption. A claim form must be filed and all requirements met in order to obtain the exemption. Please contact the Assessor for a claim form. PART 1: TRANSFER INFORMATION If you check YES to any of these statements, the Assessor may ask for supporting documentation. C, D, E, F, G: If you checked YES to any of these statements, you may qualify for a property tax reassessment exclusion, which may allow you to maintain your property's previous tax base. A claim form must be filed and all requirements met in order to obtain any of these exclusions. Contact the Assessor for claim forms. NOTE: If you give someone money or property during your life, you may be subject to federal gift tax. You make a gift if you give property (including money), the use of property, or the right to receive income from property without expecting to receive something of at least equal value in return. The transferor (donor) may be required to file Form 709, Federal Gift Tax Return, with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount. H: Check YES if the reason for recording is to correct a name already on title [e.g., Mary Jones, who acquired title as Mary J. Smith, is granting to Mary Jones]. This is not for use when a name is being removed from title. I: Check YES if the change involves a lender, who holds title for security purposes on a loan, and who has no other beneficial interest in the property. "Beneficial interest" is the right to enjoy all the benefits of property ownership. Those benefits include the right to use, sell, mortgage, or lease the property to another. A beneficial interest can be held by the beneficiary of a trust, while legal control of the trust is held by the trustee. J: A "cosigner" is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid. The cosigner signs an agreement with the lender stating that if the borrower fails to repay the loan, the cosigner will assume legal tiability for it. N: This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited liability companies. Check YES only if the individuals and the interest held by each remains exactly the same in each and every parcel being transferred. O: Check YES only if this property is subject to a government or nonprofit affordable housing program that imposes restrictions. Property may qualify for a restricted valuation method (i.e., may result in lower taxes). P: If you checked YES, you may qualify for a new construction property tax exclusion. A claim form must be filed and all requirements met in order to obtain the exclusion. Contact the Assessor for a claim form. PART 2: OTHER TRANSFER INFORMATION A: The date of recording is rebuttably presumed to be the date of transfer. If you believe the date of transfer was a different date (e.g., the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer date. If it is not the date of recording, the Assessor may ask you for supporting documentation. B: Check the box that corresponds to the type of transfer. If OTHER is checked, please provide a detailed description. Attach a separate sheet if necessary. C: If this transfer was the result of an inheritance following the death of the property owner, please complete a Change in Ownership Statement, Death of Real Property Owner, form BOE-502-D, if not already filed with the Assessor's office. BOE-502-A (P4) REV. 18 (05-23) PART 3: PURCHASE PRICE AND TERMS OF SALE It is important to complete this section completely and accurately. The reported purchase price and terms of sale are important factors in determining the assessed value of the property, which is used to calculate your property tax bill. Your failure to provide any required or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes. A. Enter the total purchase price, not including closing costs or mortgage insurance. "Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or a private mortgage insurer. B. Enter the amount of the down payment, whether paid in cash or by an exchange. If through an exchange, exclude the closing costs. "Closing costs" are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller, which include title searches, lawyer's fees, survey charges, and document recording fees. C. Enter the amount of the First Deed of Trust, if any. Check all the applicable boxes, and complete the information requested. A "balloon payment" is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment. D. Enter the amount of the Second Deed of Trust, if any. Check all the applicable boxes, and complete the information requested. E. If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding balance, and mark the applicable box. An “improvement bond or other public financing" is a lien against real property due to property-specific improvement financing, such as green or solar construction financing, assessment district bonds, Mello-Roos (a form of financing that can be used by cities, counties and special districts to finance major improvements and services within the particular district) or general improvement bonds, etc. Amounts for repayment of contractual assessments are included with the annual property tax bill. F. Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price. G. If the property was purchased through a real estate broker, check that box and enter the broker's name and phone number. If the property was purchased directly from the seller (who is not a family member of one of the parties purchasing the property), check the "Direct from seller" box. If the property was purchased directly from a member of your family, or a family member of one of the parties who is purchasing the property, check the "From a family member" box and indicate the relationship of the family member (e.g., father, aunt, cousin, etc.). If the property was purchased by some other means (e.g., over the Internet, at auction, etc.), check the "OTHER" box and provide a detailed description (attach a separate sheet if necessary). H. Describe any special terms (e.g., seller retains an unrecorded life estate in a portion of the property, etc.), seller concessions (e.g., seller agrees to replace roof, seller agrees to certain interior finish work, etc.), broker/agent fees waived (e.g., fees waived by the broker/agent for either the buyer or seller), financing, buyer paid commissions, and any other information that will assist the Assessor in determining the value of the property. PART 4: PROPERTY INFORMATION A. Indicate the property type or property right transferred. Property rights may include water, timber, mineral rights, etc. B. Check YES if personal, business property or incentives are included in the purchase price in Part 3. Examples of personal or business property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships (golf, health, etc.), ski lift tickets, homeowners’ dues, etc. Attach a list of items and their purchase price allocation. An adjustment will not be made if a detailed list is not provided. C. Check YES if a manufactured home or homes are included in the purchase price. Indicate the purchase price directly attributable to each of the manufactured homes. If the manufactured home is registered through the Department of Motor Vehicles in lieu of being subject to property taxes, check NO and enter the decal number. D. Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the source of that anticipated income. Check NO if the property will not generate income, or was purchased with the intent of being owner-occupied. E. Provide your opinion of the condition of the property at the time of purchase. If the property is in "fair" or "poor" condition, include a brief description of repair needed. 4905-1168-9087 v3 16. Commercial Owners Affidavit Page 1 of 4 COMMERCIAL OWNER'S AFFIDAVIT Escrow Number:25-131323 Title Number: 25-131323 Property:See Exhibit “A” attached hereto and incorporated herein by this reference The undersigned affiant first being duly sworn, deposes and says: 1.That there have been no construction, repairs, alterations, improvements made, ordered or contracted to be made on or to the Property, nor materials ordered within the last 6 months (or 90 days after completion of work) which have not been paid for, nor are there any fixtures attached to the Property which have not been paid for in full; and there are no outstanding or disputed claims for any such work or item, except: . That the work of improvement, if any: Started on Was completed on Will be completed on 2.That there has been no work done, nor notice received that work is to be done by the municipality (city, borough, or township), or at its direction, including but not limited to the installation of water or sewer lines, or for improvements such as paving or repaving of streets or alleys, or the installation of curbs or sidewalks. 3.That there are no unrecorded leases or agreements affecting the Property, and there is no one in possession of or that has access to the Property, other than: the undersigned. tenants based on month-to-month rental agreements lessees based on existing leases, copies of which are attached hereto 4.That there are no (i) private charges or assessments against the Property, (ii) rights of prior approval of a future purchaser or occupant of the Property, or (iii) rights of first refusal or options to purchase all or any part of the Property except: (enter "none" or N/A if such is true) 5.That there are no unpaid real estate taxes or assessments except as shown on the current tax roll. That the undersigned has not received any supplemental tax bill which is unpaid. 6.That no actions in bankruptcy have been filed by or against the entity and/or individual identified herein in any federal court or any other court of competent jurisdiction. 7.As of the date hereof, the subject property is habitable and has not been damaged or destroyed by natural or man- made causes. ______/______ (initial to agree/confirm). 8.That there are no matters pending against the entity and/or individual identified herein that could give rise to a lien that would attach to the property between the most recent effective date of the title commitment and the recording of the interest to be insured, and that the Affiant has not and will not execute any instrument that would adversely affect the title or interest to be insured. (Continuation of Owner’s Commercial Affidavit) Page 2 of 4 9.That this affidavit is given for the purpose of inducing WFG National Title Insurance Company and/or its agent to issue its policies of title insurance which may provide coverage as to the matters listed above. The undersigned acknowledge that they have read the foregoing and fully understand the legal aspects of any misrepresentation and/or untrue statements made herein and indemnify and hold harmless WFG NATIONAL TITLE INSURANCE COMPANY against liability occasioned by reason of reliance upon the statements made herein. Executed this _____ day of June, 2025 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on _________________________at __________________________________. The Roman Catholic Welfare Corporation of Oakland, a California corporation By: __________________________ Attila Bardos, CFO A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ss. COUNTY OF _______________________ Subscribed and sworn to (or affirmed) before me on this _______ day of ______________________, 20____ by _________________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ______________________________________ Notary Public Signature (Continuation of Owner’s Commercial Affidavit) Page 3 of 4 EXHIBIT “A” LEGAL DESCRIPTION Being a portion of Surveys 66 and 67 of the Map of Tract known as Ex-Mission San Jose, beginning at the point of intersection of the Northeastern line of County Road No. 397, now State Highway, leading from Centerville to Irvington, with the line dividing the lands distributed to Annie T. Copeland by Decree dated April 25, 1910 and recorded May 10, 1910 in Book 1735 of Deeds, at Page 308, Alameda County Records, from the lands conveyed by Jane Stevenson to Carrie L. Emerson by Deed dated September 29, 1900 and recorded October 8, 1900 in Book 747 of Deeds, at Page 256, Alameda County Records, running thence along said dividing line North 44° 43' East 1074.421 feet (said bearing of North 44° 43' East called North 45° East in said Deed); thence Northeasterly along a curve to the right, having a radius of 40 feet, the center of which bears South 84° 04' 15" East from the actual point of beginning, an arc distance of 12.338 feet, thence along a reverse curve to the left, having a radius of 20 feet, an arc distance of 14.454 feet, thence tangent to the last described curve, North 17° 48' 30" West 67.107 feet, thence along a curve to the left, tangent to the last described course, and having a radius of 125 feet, an arc distance of 81.031 feet, thence tangent to the last described curve North 54° 57' West 361.494 feet to the Southeastern line of the parcel of land described in the Deed by Manuel Silva to Jose de Azevedo de Oliveira, dated October 18, 1875, recorded October 19, 1875 in Book 115 of Deeds, at Page 387, Alameda County Records, thence along the last named line South 42° 08' 14" West (said bearing of South 42° 08' 14" West called South 42° 25' West in said Deed) 1157.775 feet to the Northeastern line of said State Highway, thence along the last named line South 54° 57' West (said bearing of South 54° 57' West called South 54° 45' West of Record) 464.64 feet to the point of beginning. EXCEPTING THEREFROM the following described parcels: (A) Beginning at a point on the boundary line between land formerly of Annie T. Copeland and now or formerly of Jennie Morton and land of Carrie Emerson, distant thereon along said boundary line North 45° East 264 feet from the Northeasterly line of County Road No. 397, thence from the point of beginning along the Southeasterly line of land of Annie T. Copeland, North 45° East 50 feet, thence leaving said line, North 54° 45' West 140 feet, thence South 45° West 50 feet to the most Northerly corner of land of Jennie Morton, thence along the Northeasterly line of land of Jennie Morton South 54° 45' East 140 feet to the point of beginning. (B) Beginning at a point on the line dividing the lands distributed to Annie T. Copeland, by Decree dated April 25, 1910 and recorded May 10, 1910 in Book 1735 of Deeds, at Page 308, Alameda County Records, from the lands conveyed to Jane Stevenson to Carrie L. Emerson, by Deed dated September 29, 1900 and recorded October 8, 1900 in Book 747 of Deeds, at Page 256, Alameda County Records, distant thereon North 45° East 165 feet from the point of intersection thereof with the Northeastern line of County Road No. 397, now State Highway leading from Centerville to Irvington, running thence North 45° East along said dividing line 99 feet, thence North 54° 45' West 140 feet, thence South 45° West 99 feet, thence South 54° 45' East 140 feet to the point of beginning. (C) Beginning at a point in the Northeasterly line of the County Road leading from, Centerville to lwington, otherwise known in Alameda County, as County Road No. 397, at the intersection thereof with the line dividing the lands of Annie T. Copeland from the lands of Carrie Emerson, said dividing line being the Southeasterly line of said lands of said Annie T. Copeland; and running thence North 45° East along said dividing line 165 feet to a stake; thence North 54-3/4° West 140 feet to a stake, thence South 45° West 165 feet to said Northeasterly line of said County Road No. 397, thence along said Northeasterly line of said County Road No. 397, South 54-3/4° East 140 feet to the point of beginning. (D) Beginning at a point in the Northeasterly line of County Road No. 397 distant along said line Southeasterly 21.05 feet from the most Westerly corner of the land conveyed to Annie T. Copeland by Decree in the Estate of Mark Lyon, dated April 25, 1910, and recorded May 10, 1910, in Book 1735 of Deeds, page 308, Alameda County Records, thence from the point of beginning North 72° 30' East 945.90 feet to a point in the Southeasterly boundary of said land of Annie T. Copeland, thence Southwesterly along said boundary 173.10 feet, thence South 72° 30' West 773.81 feet to a point in the center line of County Road No. 397, thence Northwesterly along said center line 100.50 feet, thence leaving said center line, North 72° 30' East 42.25 feet to the point of beginning. Being a strip of land having a general width of 80 feet, 40 feet each side of the surveyed center line of the Hetch Hetchy Aqueduct right of way, and being a portion of Ex-Mission Surveys Nos. 66 and 67. (E) That portion granted to the City of Fremont by Grant Deed recorded March 12, 1964 in Reel 1147, Image 784, of Official Records. (Continuation of Owner’s Commercial Affidavit) Page 4 of 4 (F) That portion granted to Amador Associates, Ltd. by Grant Deed recorded January 9, 1978 in Reel 5212, Image 620, of Official Records. (G) Any portion lying within the exterior boundaries of Tract 3862 filed June 29, 1978 in Book 104 of Maps, Pages 1 to 3 inclusive, Alameda County Records, and as amended by a Certificate of Correction recorded December 26, 1979 as Document No. 79-260734, of Official Records. A.P.N.: 525-802-33-3 4905-1168-9087 v3 Sewer Fee Payment Documents 4905-1168-9087 v3 17. Letter from Las Gallinas Valley Sanitary District regarding Will- Serve 1 101 Lucas Valley Road Suite 300 • San Rafael, CA 94903 • 415.472-1734 • Fax 415.499-7715 • WWW.LGVSD.ORG Date: September 26, 2024 Property Owner(s): Ridgewood Properties/David Jacobson Property Owner Address: 454 Las Gallinas Ave, Suite 284 San Rafael, CA 94903 Applicant: Ridgewood Properties/David Jacobson Project Name: 350 Merrydale Rd Project Address: 350 Merrydale Rd San Rafael, CA 94903 Project APN: APN 179-041-27 Re: Will–Serve Letter You have requested a revised Will–Serve Letter from the Las Gallinas Valley Sanitary District (“District”) at the September 19, 2024 Board Meeting to supersede the previous letter issued on September 7, 2023. Subject to the terms and conditions in this letter, District will serve the project consisting of 45 townhomes or condominiums (residential units). This letter may be used to submit to another local agency to satisfy a condition for either tentative subdivision map approval or any other permit approval. This letter is contingent upon the following: 1) Satisfaction of all the conditions and requirements set forth in the Preliminary Conditions of Approval issued in September 2020 to the Applicant. 2) Satisfaction of all the conditions and requirements set forth in the Will-Serve Letter issued on September 9, 2023 to the Applicant with adjusted Connection Fee rate shown below. 3) Satisfaction of the conditional requirement to address any corrective actions in the sanitary sewer improvement components of the project and fulfill connection fee obligation before the District signing off on the final inspection. The standard terms and conditions of approval are as follows: Initial Item Condition of Approval 1 Applicant shall pay for the facility capacity fee (new connection fee) in accordance with District ordinances and policies. Please note payment date and amount obligations. 2 Applicant agrees to abide by all conditions of approval of the Board of Directors and District staff. 3 This Will-Serve approval terminates three (3) years from the Board meeting date unless all building permits have been issued for the project. LGVSD Will Serve Letter Rev 9/19/2024 350 Merrydale Rd 2 101 Lucas Valley Road Suite 300 • San Rafael, CA 94903 • 415.472-1734 • Fax 415.499-7715 • WWW.LGVSD.ORG 4 Field verification before and after construction is required for this project. Applicant shall accommodate and coordinate with District hired third-party inspector. 5 Prior to the connection of any sewer lateral, you must contact the District for the sewer lateral inspection permit and the application is available on District website. A lateral tie-in inspection is required before any lateral can be backfilled. 6 After the sewer lateral inspection is completed and the connection is verified, the project will be added to the sewer user charge and will receive a charge for this service annually. 7 Applicant shall reimburse the District for all plan review, field verification before and after construction, and inspection fees accrued associated with this project. The Connection Fee approved by the Board is as follows: Connection Fee for 45 Townhomes/Condominiums at $8,266/unit: $ 371,970.00 Credit for 147 existing PFUs at $413/PFU: <$ 60,711.00> Application Fee: $ 500.00 (paid) Engineering Review and Inspection Fees: $ TBD* Total Fee: $ 311,259.00 Outstanding Balance: $ 311,259.00 (* - See Item 7 above.) The existing PFU count shall be subject to field verification prior to demolition. Similarly, the number of residential units shall be field verified upon project completion. The connection fee may be adjusted based on field verification of the actual number of PFU and residential units. The District ordinance provides for payment of the Connection Fee over a two-year period according to the following: 1. 10% of the Connection Fee is due within thirty days of Board approval of final plans and specifications. 2. 40% of the Connection Fee is due within one year, September 19, 2025; or upon the date of building permit issuance, whichever occurs first. 3. 50% of the Connection Fee is due within two years, September 19, 2026; or upon the date of building permit issuance, whichever occurs first. Please remit $311,259 and make the check payable to Las Gallinas Valley Sanitary District. Note that if the payment schedule as above is not followed, you risk losing your allocation. By issuing this Will-Serve Letter, District is not incurring any liability of any nature, including but not limited to mandate, damages, or injunctive relief. District is making no representation to the Applicant nor waiving any rights it has under any applicable State or Federal law. In the event there is any court- imposed moratorium on District, a connection to the District system may not occur. In the event any government agency imposes a moratorium on District, a connection to the District system may not occur. In the event there is not sufficient capacity, a connection to the District system may not occur. If connection has not been made within three years, the allocation will be terminated without prejudice. Upon request, you will receive a refund of 90% of the above fees and you will be able to re-apply for an allocation at the fee rate then prevailing. Please sign and date the original of this letter and return it to the District office within 10 days. The copy is for your records. Sincerely, LGVSD Will Serve Letter Rev 9/19/2024 350 Merrydale Rd 3 101 Lucas Valley Road Suite 300 • San Rafael, CA 94903 • 415.472-1734 • Fax 415.499-7715 • WWW.LGVSD.ORG Michael P. Cortez, PE District Engineer AGREED: _____________________________________________________ Date:_________________________ Project Applicant Signature Cc: Dale McDonald, Administrative Services Manager 4905-1168-9087 v3 18. Notice of Nonpayment and Demand for Payment for Outstanding Connections Fees 1 101 Lucas Valley Road Suite 300 • San Rafael, CA 94903 • 415.472-1734 • Fax 415.499-7715 • WWW.LGVSD.ORG Date: November 5, 2025 Property Owner(s): Ridgewood Properties/David Jacobson Property Owner Address: 454 Las Gallinas Ave, Suite 284 San Rafael, CA 94903 Applicant: Ridgewood Properties/David Jacobson (“Ridgewood Properties”) Project Name: 350 Merrydale Rd Project Address: 350 Merrydale Rd San Rafael, CA 94903 Project APN: APN 179-041-27 RE: NOTICE OF NONPAYMENT AND DEMAND FOR PAYMENT OF OUTSTANDING CONNECTION FEES FOR WILL-SERVE LETTER, DATED SEPTEMBER 26, 2024 BE ADVISED: The District’s Will-Serve Letter for the above-referenced Project required payment from Ridgewood Properties a Connection Fee of $308,382.00, to be made in installment payments over two (2) years as follows: 1. 10% of the Connection Fee is due within thirty days of Board approval of final plans and specifications. 2. 40% of the Connection Fee is due within one year, September 19, 2025; or upon the date of building permit issuance, whichever occurs first. 3. 50% of the Connection Fee is due within two years, September 19, 2026; or upon the date of building permit issuance, whichever occurs first. Pursuant to Sections 908 and 909, Title 2, Chap. 1 of the District’s “Ordinance Code,” entitlement to the District’s sewage collection, conveyance and treatment “capacity” is triggered only upon payment of the calculated connection fee(s). As of the date of this letter, Ridgewood Properties has failed to remit the required initial payment of $30,838.20 and the second payment of $124,503.60. Total balance due is $155,341.80. The District demands Ridgewood Properties remit the sum of $155,341.80, with a cashier’s check made payable to Las Gallinas Valley Sanitary District by December 5, 2025. A failure to provide payment by December 5, 2025, will result in the Will-Serve letter being presented to the Board of Directors at its Regular Board Meeting on December 18, 2025 for approval of its revocation. Furthermore, any capacity that was to be provided under the Will-Serve Letter will be released and available to other applicants as deemed appropriate by the District. Notice of Demand for Payment of Connection Fees - 11/5/2025 Project: 350 Merrydale Rd 2 101 Lucas Valley Road Suite 300 • San Rafael, CA 94903 • 415.472-1734 • Fax 415.499-7715 • WWW.LGVSD.ORG In addition, please be aware that although the current Connection Fee provided a credit for 147 existing PFUs, any change in use of the parcel or the project may engender a reassessment and recalculation of the Connection Fee due to a change in parcel use. Please let me know if you have any questions. Sincerely, Michael P. Cortez, PE District Engineer Cc: Curtis Paxton, General Manager Dale McDonald, Administrative Services Manager David Jacobson, Owner Agent Michael Hooper, Campus Property Patrick Richardson, District Legal Counsel 4905-1168-9087 v3 19. Evidence of Payment regarding the Sewer Connection Fee Las Gallinas Valley Sanitary District 101 Lucas Valley Road Suite 300 San Rafael CA 94903 (415)526-1519 Receipt No: 1.000000830 Nov 18, 2025 187 Ridgewood Properties/David Jacobson Previous Balance: 155,341.80 Accounts Receivable - Accounts Receivable 155,341.80 Total: 155,341.80 New Balance: .00 AAA A Check - Operating Check No: 10%+40% Wire 155,341.80 Payor: Ridgewood Properties/David Jacobson Total Applied: 155,341.80 Change Tendered: .00 11/19/2025 8:01 AM 4905-1168-9087 v3 Due Diligence 4905-1168-9087 v3 20. Exclusive Offering Memorandum created by the Land Advisors Organization VEE MOC OAT Y wee y a Exclusive Offering Memorandum TOWNHOMES MERRYDALE San Rafael TOWNHOMES MERRY DALE San Rafael Marin County, California Exclusive Offering Memorandum Offer Deadline: June 14, 2024 AX Land Advisors ORGANIZATION Marin County, California Exclusive Offering Memorandum Offer Deadline: June 14, 2024 TOWNHOMES MERRYDALE San Rafael Land Advisors is a nationwide team of respected, connected and talented land professionals that provide advisory and brokerage services to clients who need a rock-solid, data driven roadmap for acquiring, selling, financing or developing land and land-related assets. Steve Reilly Senior Vice President (925) 368-3128 sreilly@landadvisors.com CALDRE #01372733 156 Diablo Road, Suite 340, Danville, CA 94526 | (925) 368-3128 | landadvisors.com/ca ContentsTable of 01 Opportunity Overview 06 Property Overview 07 Property Facts 08 Aerial Map 09 Site Plan 02 Architecture 11 Conceptual Street Scenes 12 6 Elevations & Floorplans 14 7 Plex Elevations & Floorplans 15 4 Plex Elevations & Floorplans 17 Interior/End Floorplans 24 Property Taxes 03 Community Overview 27 World Class Amenities 28 Regional Employment 29 Commute Times 30 Local Amenities 34 Public & Private Education 04 Market Analysis 37 Competitive Market Area 39 CMA Pricing Graph 05 Offering Guidelines 41 Offering Guidelines 42 Disclaimer & Disclosures Opportunity O Opportunity Overview01 MERRYDALE Property Facts Merrydale will feature 45 townhomes and stacked flats with a community room on approximately 2.28 acres in San Rafael, California. Thoughtfully designed with views and lush landscaping, Merrydale provides ease of walkability to the Marin Civic Center SMART station via a future planned bike and walking path that connects with the existing SMART Trail enabling residents to enjoy safe routes to schools, local amenities, and recreational opportunities including Lagoon Park, McInnis Park Golf Center, and China Camp State Park. The Property currently has primary access from Merrydale Road and secondary access from Redwood Highway with future plans for a t-shaped private road linking Merrydale Road with Redwood Highway. This prime location is within minutes of employers such as Marin County Civic Center, Kaiser Permanente, BioMarin Pharmaceutical Inc, Sutter Health, and Dominican University of California and allows for premier access to the greater Bay Area. San Rafael is the oldest and largest city in the county and serves as the county seat. The City is known for its idyllic Mediterranean climate, scenic vistas, and easy access to both urban and outdoor recreational activities. San Rafael is home to a vibrant population with a thriving arts and cultural scene as well as a variety of shops, restaurants, and entertainment hot spots. Overall, Merrydale is a neighborhood that has been carefully crafted with the needs and desires of its residents. Its location, mix of housing options, and charming design make it an extraordinary opportunity to call this neighborhood home. MERRYDALE Overview Opportunity Overview Land Advisors 6 OPPORTUNITY OVERVIEW LAND ADVISORS 7 Location. North of Las Gallinas Avenue and East of Merrydale Road Municipality. City of San Rafael, Marin County, CA Product Type. 3-Story Townhomes & Stacked Flats Lot Count. 45 Total and a Multi-Purpose Community Room Entitlements. Site Condition. Unimproved. To be delivered in “as-is” condition. Estimated Tax Rate. 1.45% Building Permit & Impact Fees. Building permits and fees are estimated to total $69,304 per unit. Please see the VDR for a detailed estimate. Affordable Housing. Two (2) units will be affordable to Low Income. Low Income is defined as earning 50-80% of the Area Wide Median Income adjusted for family size. School District. San Rafael City Elementary School District and San Rafael High School Approved Environmental & Design Review Permit (ED18-100) Approved Tentative Subdivision Map (TS18-006) Approved Master Use Permit (UP18-39) Approved Subdivision Exception (EX19-12) MERRYDALE Property Facts Opportunity Overview Land Advisors 7 OPPORTUNITY OVERVIEW LAND ADVISORS 8 aerial map SAN PABLO BAYSAN PABLO BAY SANTA SANTA VENETIA MARSHVENETIA MARSH M C I N N I S P A R K W A Y M C I N N I S P A R K W A Y CHINA CAMP CHINA CAMP STATE PARKSTATE PARK location VENETIA VALLEYVENETIA VALLEYELEMENTARYELEMENTARY MARINMARINCOUNTY FAIRCOUNTY FAIR MERRYDALE MARIN COUNTYMARIN COUNTYCIVIC CENTERCIVIC CENTER CIVIC CENTER D R I V E CIVIC CENTER D R I V E MERRYDALE ROADMERRYDALE ROAD EXISTINGEXISTINGSMART TRAILSMART TRAIL APPROVEDAPPROVEDBIKE/PEDESTRIAN TRAILBIKE/PEDESTRIAN TRAIL (Construction estimated to be (Construction estimated to be complete by 2026)complete by 2026) OPPORTUNITY OVERVIEW LAND ADVISORS 9 site planarchitectural Legend Unit Type # of units sf Prvt Open Space sf/unit Plan 1 9 1,285 117 Plan 2 12 1,461 82 Plan 2X 10 1,461 82 Plan 3 2 2,119 108 Plan 3X 8 2,119 108 Plan 4 1 785 0 Plan 4X 1 741 132 Plan 5 1 836 0 Plan 5x 1 836 132 TOTAL 45 NOTE: Plan 4 and 4X are currently contemplated to satisfy the BMR requirements for the project. 02 Architecture ARCHITECTURE LAND ADVISORS 11 street scenesconceptual NORTH VIEW SOUTH VIEW EAST VIEW WEST VIEW View Along Creek Setback View Along South Property Line View Along Redwood Highway View Along Merrydale Road ARCHITECTURE LAND ADVISORS 12 6 plex elevations & floorplansbuilding 1 & 2 WEST (BLDG 1) & EAST (BLDG 2) EAST (BLDG 1) & WEST (BLDG 2) NORTH (BLDG 1) & SOUTH (BLDG 2)SOUTH (BLDG 1) & NORTH (BLDG 2) ROOF PLAN THIRD FLOOR SECOND FLOOR FIRST FLOOR ARCHITECTURE LAND ADVISORS 13 6 plex elevations & floorplansbuilding 3 NORTH (BLDG 3) & SOUTH(BLDG 4) SOUTH (BLDG 3) & NORTH (BLDG 4) WEST (BLDG 3) & EAST(BLDG 4)EAST (BLDG 3) & WEST (BLDG 4) ROOF PLAN THIRD FLOOR SECOND FLOOR FIRST FLOOR building 4 7 plex elevations & floorplans NORTH ATS Jal Ke E 5 : i rea Ala (dl ll y ARCHITECTURE LAND ADVISORS 14ARCHITECTURE LAND ADVISORS 14 7 plex elevations & floorplansbuilding 4 NORTH SOUTH EAST WEST ROOF PLAN THIRD FLOOR SECOND FLOOR FIRST FLOOR ARCHITECTURE LAND ADVISORS 15 4 plex elevations & floorplansbuilding 5 - 8 NORTH (BLDG 5 & SOUTH (BLDG 6) SOUTH (BLDG 5 & NORTH (BLDG 6) EAST (BLDG 5/6) & SOUTH (BLDG 7/8)WEST (BLDG 5/6) & NORTH (BLDG 7/8) ROOF PLAN THIRD FLOOR SECOND FLOOR FIRST FLOOR building 9 4 plex elevations & floorplans =i im SOUTH ARCHITECTURE LAND ADVISORS 16ARCHITECTURE LAND ADVISORS 16 4 plex elevations & floorplansbuilding 9 WEST EAST NORTH SOUTH ROOF PLAN THIRD FLOOR SECOND FLOOR FIRST FLOOR ARCHITECTURE LAND ADVISORS 17 plan 1 floorplaninterior unit third floor - 636 sf second floor - 565 sf first floor - 84 sf Interior Unit 1,285 sf 2 bed/ 2.5 bath PLAN 1 (P1) ARCHITECTURE LAND ADVISORS 18 plan 2 floorplaninterior unit third floor - 637 sf second floor - 634 sf first floor - 190 sf ADA Interior Unit 1,461 sf 2 bed/ 2.5 bath PLAN 2 (P2) ARCHITECTURE LAND ADVISORS 19 plan 2X floorplanend unit third floor - 637 sf first floor - 190 sf End Unit 1,461 sf 3 bed/ 3.5 bath second floor - 634 sf PLAN 2X (P2X) ARCHITECTURE LAND ADVISORS 20 plan 3 floorplaninterior unit third floor - 882 sf second floor - 830 sf first floor - 407 sf Interior Unit 2,119 sf 3 bed/ 2.5 bath PLAN 3 (P3) ARCHITECTURE LAND ADVISORS 21 plan 3X floorplan third floor - 882 sf second floor - 830 sf interior unit end unit first floor - 407 sf End Unit 2,119 sf 3 bed/ 2.5 bath PLAN 3X (P3X) end unit OPTION ARCHITECTURE LAND ADVISORS 22 plan 4 & 5 floorplanwest end third floor second floor first floor 836 sf 2 bed/ 2.0 bath 785 sf 2 bed/ 1.0 bath Community Room = 785 sf PLAN 5 PLAN 4 ENTRY, GARAGES, & COMMUNITY ROOM ARCHITECTURE LAND ADVISORS 23 plan 4X & 5X floorplaneast end third floor second floor first floor 836 sf 2 bed/ 2.0 bath 741 sf 2 bed/ 1.0 bath PLAN 5X PLAN 4X ENTRY & GARAGES ARCHITECTURE LAND ADVISORS 24 property taxescurrent Assessor's Parcel No. 179-041-27 179-041-28 Lot Size (Acres)2.19 0.26 Valuation $1,039,621 $145 Ad Valorem Taxes Base Tax Rate 1.0000%1.0000% CLG Marin 0.0245%0.0245% SR Elem SC 0.0958%0.0958% SR High SC 0.0773%0.0773% Marin Health Care-2015 0.0093%0.0093% Marin Health Care-2017 0.0104%0.0104% TOTAL AD VALOREM TAX RATE 1.2173%1.2173% TOTAL AD VALOREM TAX (DOLLARS)$12,655.31 $1.77 Special Assessments Mosquito #1 $24.00 $0.00 SR Elem School Parcel Tax $342.68 $0.00 SR Elem School Parcel Tax $246.14 $0.00 Wildfire JPA $1,931.02 $106.08 Las Gal Valley Sanitation $1,235.00 $0.00 SR Paramedic-City $2,548.00 $0.00 San Rafael Runoff $701.30 $10.62 MMWD Fireflow $75.00 $0.00 San Rafael Library $69.06 $0.00 Marin Emergency Radio $232.00 $87.00 SF Bay Restoration Authority $12.00 $12.00 TOTAL SPECIAL ASSESSMENTS $7,416.20 $215.70 TOTAL ANNUAL TAXES $20,071.51 $217.47 *Disclaimer - Subject to verification by the Bidder ARCHITECTURE LAND ADVISORS 25 property taxesestimated Assumed Valuation $1,000,000 Ad Valorem Taxes Base Tax Rate 1.0000% CLG Marin 0.0245% SR Elem SC 0.0958% SR High SC 0.0773% Marin Health Care-2015 0.0093% Marin Health Care-2017 0.0104% TOTAL AD VALOREM TAX RATE 1.2173% TOTAL AD VALOREM TAX (DOLLARS)$12,173 Special Assessments Mosquito #1 $24.00 SR Elem School Parcel Tax $342.68 SR Elem School Parcel Tax $246.14 Wildfire JPA $75.00 Las Gal Valley Sanitation $1,235.00 SR Paramedic-City $108.00 San Rafael Runoff $28.00 MMWD Fireflow $75.00 San Rafael Library $69.06 Marin Emergency Radio $29.00 SF Bay Restoration Authority $12.00 TOTAL SPECIAL ASSESSMENTS $2,243.88 TOTAL EFFECTIVE TAX RATE 1.442% TOTAL ANNUAL TAXES $14,416.88 *Disclaimer - Subject to verification by the Bidder SY TUmUII MOIIAIIAGC Al >» h = 一一 - 了 —a — = nn | Pat : ==, I Hit Sr | a Sicha A 03 Community Overview COMMUNITY OVERVIEW LAND ADVISORS 27 amenitiesworld class MARIN COUNTRYMARIN COUNTRYMARTMART LARKSPUR FERRY LARKSPUR FERRY TERMINALTERMINAL SMART LARKSPUR SMART LARKSPUR STATIONSTATION RH ROOFTOPRH ROOFTOPRESTAURANT MARINRESTAURANT MARIN LOCH LOMOND LOCH LOMOND MARINA PARKMARINA PARK POINT POINT SAN PABLOSAN PABLO POINT SAN POINT SAN PABLO HARBORPABLO HARBOR MARIN YACHTMARIN YACHTCLUBCLUB PICKLEWEEDPICKLEWEEDPARKPARK CHINA CAMP CHINA CAMP BEACHBEACH SAN FRANCISCO BAYSAN FRANCISCO BAYESTUARINE RESEARCH RESERVEESTUARINE RESEARCH RESERVE MCNEARSMCNEARSBEACHBEACH CHINA CAMP CHINA CAMP STATE PARKSTATE PARK DOMINICAN UNIVERSITY DOMINICAN UNIVERSITY OF CALIFORNIAOF CALIFORNIA PEACOCK GAPPEACOCK GAPGOLF CLUBGOLF CLUB MERRYDALE THE VILLAGE ATTHE VILLAGE ATCORTE MADERACORTE MADERA COMMUNITY OVERVIEW LAND ADVISORS 28 employmentregional Oakland 09 10 11 12 13 14 Pixar Studios | Animation Pandora | Software & Technology VF Corporation | Apparel Management Jamba Juice | Health Kaiser Permanente | Medical BART | Transportation Services San Francisco 15 16 17 18 19 20 21 22 23 Google | Software & Technology Genetech | BioTech Kimpton Hotels and Restaurants | Business & Hospitality Twitter | Technology & Social Media Asana | Software & Technology Microsoft | Software & Technology Airbnb | Hospitality Salesforce | Software & Technology Williams Sonoma | Retail Silicon Valley 24 25 26 27 28 29 30 31 32 Tesla | Auto and Aerospace Engineer Facebook | Software & Social Media Apple | Software & Technology Adobe | Technology & Social Media Google | Software & Technology Netflix | Software & Entertainment Linkedin | Software & Social Media Cisco | Software & Technology Oracle | Software & Technology 9 10 11 12 13 24 25 26 27 28 29 30 31 15 16 17 1819 20 21 2223 14 San Rafael & Larkspur Kaiser Permanente | Medical Autodesk | CAD Software & Technology Dutra | Marine Construction & Materials Marin County Office of Education | Education Metrodigi | Software & Technology BioMarin Pharmaceutical | Pharmaceuticals Alpine Pharmaceuticals | Pharmaceuticals Sanovas | Medical Software & Technology 01 02 03 04 05 06 07 08 1 2 34 5 67 8 COMMUNITY OVERVIEW LAND ADVISORS 29 commute timesleisurely SAN FRANCISCO 35 Minutes BERKELEY 28 Minutes WALNUT CREEK 56 Minutes SAN JOSE 90 Minutes FUTURE SRV RICHMOND MILBRANE LINE RICHMOND WARM SPRINGS ANTIOCH SFO/MILBRANE WARM SPRINGS S. FREMONT DUBLIN PLEASANTON San Francisco Berkeley Walnut Creek Pleasanton Dublin Fremont San Mateo Daly City Sausalito Richmond Brentwood OakleyAntiochMERRYDALE COMMUNITY OVERVIEW LAND ADVISORS 30 amenitieslocal Shop 01 Town Center Corte Madera 02 Marin Square Shopping Center 03 Harbor Shopping Center 04 Montecito Plaza 05 Whole Foods 06 Northgate Shopping Mall 07 Terra Linda Shopping Center 08 Marinwood Shopping Center 09 The Village at Corte Madera Play 10 Gerstle Park 11 Falkirk Cultural Center 12 Marin Shakespeare Company 13 Mission San Rafael 14 Pickleweed Park 15 Peacock Gap Golf Club 16 Pier 15 17 101 Surf Sports 18 Terrapin Crossroads 19 Loch Lomond Yacht Club Wellness 20 Kaiser Permanente - Downtown 21 Kaiser Permanente - San Rafael Medical Center* 22 Sutter Terra Linda Health Education 23 College of Marin 24 Dominican University of California Travel 25 San Rafael Airport 3 14 15 16 2 4 6 8 10 11 12 25 24 23 20 22 13 19 7 1 9 17 18 5 21 MERRYDALEMERRYDALE *New State-of-the-Art Kaiser Permanente Medical Center built in 2021 COMMUNITY OVERVIEW LAND ADVISORS 31 Peacock Gap Golf Club is home to Marin’s complete leisure club experience located 16 minutes from the Property. Peacock Gap Golf Club features an 18-hole golf course and driving range. The championship level course cultivates a true love for the game with year-round golf tournaments and a full calendar of events that unfold in an unparalleled setting. Enjoy spectacular views of Marin County while playing on one of Northern California’s best heritage courses or delight in fresh, seasonal cuisine crafted by The RangeCafe at Peacock Gap Golf Club (dubbed San Rafael’s Best Neighborhood Bar and Grill). peacock gap golf clubamenity spotlight COMMUNITY OVERVIEW LAND ADVISORS 32 marin yacht clubamenity spotlight Marin Yacht Club is one of the most historic boating clubs to visit in Marin County. It is located less than 10 minutes from the Property and boasts over ±22 acres of private space for recreation and social activities. The state-of-the-art marina offers over one hundred slips for boats of all sizes, as well as facilities for water sports like kayaking and paddleboarding. Tennis buffs love the three professional courts in addition to lessons by seasoned players and members love refreshing in the club’s heated pool. Marin Yacht Club is the perfect place to invigorate a social life where members enjoy annual events such as holiday parties, cruise outs, and the Staff Commodore’s Crab Feed hosted by the club restaurant. It’s not hard to see why Marin Yacht Club is known as the “friendliest harbor on the bay.” COMMUNITY OVERVIEW LAND ADVISORS 33 kaiser permanenteamenity spotlight Kaiser Permanente San Rafael Park Medical Offices opened in 2021 with a new state-of-the- art building at 1650 Los Gamos Drive near the intersection of U.S. Highway 101 and Lucase Valley Road. It is located approximately 7 minutes from the Property and is a 3-story building with approximately ±145,000 square feet. The building has 2 adult and family medicine clinics, a pharmacy, pediatrics, obstetrics and gynecology, endocrinology, optometry, opthalmology, vision essentials department, a conference center, laboratory, imaging and a cafe. An abundance of natural light due to glass ceilings and outside solar panels provide most of the electric needs for the building. These sustainable design elements, electric car charging stations and bike racks support their carbon neutral status. COMMUNITY OVERVIEW LAND ADVISORS 34 The San Rafael City School District ranks in the top 18% of California Public School Districts Most Diverse Schools. The San Rafael City School District (SRCSD) is one of the most unique and student-focused public school districts in the County. SRCSD gives students the ability to not only have a guaranteed spot at a neighboring school if the assigned elementary or middle school is at capacity, but it also allows students to choose between two high schools to better suit students and their academic learning styles. Students attending SRCSD are encouraged to blend both art and creativity with traditional subjects like science or software development. Terra Linda High School offers students the chance to participate in “GAME,” where students use computer science to build 3D gaming programs. San Rafael High School physic students build entire irrigation systems to build and grow a community garden where all ages of residents can participate. Per district boundaries, the schools to be attended are as follows: Venetia Valley Elementary School (Grades K-5) 177 North San Pedro Road, San Rafael, CA 94903 James B. Davidson Middle School (Grades 6-8) 280 Woodland Avenue, San Rafael, CA 94901 San Rafael High School (Grades 9-12) 150 Third Street, San Rafael, CA 94901 Terra Linda High School (Grades 9-12) 320 Nova Albion Way, San Rafael, CA 94903 educationpublic Creative & Progressive Schools: San RafaelSan Rafael High SchoolHigh School Terra LindaTerra Linda High SchoolHigh School Venetia ValleyVenetia Valley Elementary SchoolElementary School DavidsonDavidson Middle SchoolMiddle School MERRYDALEMERRYDALE COMMUNITY OVERVIEW LAND ADVISORS 35 Marin County private schools are continuously ranked in the top 100 of California’s Best Private Schools. The alumnae networks are known as one of the strongest in the country. Marin County schools are known to be as competitive as Bay Area private schools, but include a more creative and innovative way of academics. Many of the schools require students to take as many art classes as STEM classes, as well as wellness teachings. Many schools offer extensive financial aid and tuition plans so that students from all wage brackets can attend. educationprivate Nationally Ranked Private Schools MERRYDALEMERRYDALE 1 4 5 3 2 6 7 8 Coeducational Schools 01 The Branson School (Grades 9-12) 02 Marin Academy (Grades 9-12) 03 St. Patrick’s School (Grades K-8) 04 St. Anslem School (Grades K-8) 05 Brandeis Marin (Grades K-8) 06 San Domenico School (Grades K-12) 07 Marin Catholic High School (Grades 9-12) 08 The Marin School (Grades 9-12) 04 Market Analysis MARKET ANALYSIS LAND ADVISORS 37 Novato 01 Verandah | Landsea Homes | Attached | 2.3 sales / mo. 02 Ascend at Hamilton Field | City Ventures | Attached | Sold Out San Rafael 03 The Strand at Loch Lomond Marina | Trumark Homes | Attached | 1.0 sales / mo. competitive market area There are currently 3 new home communities within the Competitive Market Area. overview 03 02 MERRYDALEMERRYDALE 01 Legend Novato San Rafael Market Analysis MARKET ANALYSIS LAND ADVISORS 38 Verandah Ascend at Hamilton Field The Strand at Loch Lomond Marina Builder Landsea Homes City Ventures Trumark Homes Minimum Lot Size Attached Attached Attached Opening Date August 2021 Sold Out May 2022 Total Homes 80 75 32 Total Homes Sold 72 75 26 Total Homes Remaining 8 0 6 Monthly Sales Rate 2.3 Sales / Mo.2.9 Sales / Mo.1.0 Sales / Mo. Average Price $863,303 $978,745 $1,467,667 Average Price per Square Foot $543 $547 $774 Average Square Footage 1,593 sf 1,789 sf 1,896 sf Homeowners Association $325 $309 $675 Total Tax Rate with Assessments 1.25%1.70%1.40% competitive market areanew home communities MARKET ANALYSIS LAND ADVISORS 39 competitive market areasales price graph The average sales rate within the Competitive Market Area is 2.0 sales per month and the average sales price is $1,103,238. $750,000 $800,000 $850,000 $900,000 $950,000 $1,000,000 $1,050,000 $1,100,000 $1,150,000 $1,200,000 $1,250,000 $1,300,000 $1,350,000 $1,400,000 $1,450,000 $1,500,000 $1,550,000 $1,600,000 $1,650,000 $1,700,000 $1,750,000 $1,800,000 $1,850,000 $1,900,000 $1,950,000 $2,000,000 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 Square Footage Verandah by Landsea Homes (Attached | 2.3 sales / mo.)Ascend at Hamilton Field by City Ventures (Attached | Sold Out Jan. 2024) The Strand at Loch Lomond Marina TH by Trumark Homes (Attached | 1.0 sales / mo.)2024 San Rafael Detached Resales Log. (2024 San Rafael Detached Resales) 05 Offering Guidelines OFFERING GUIDELINES LAND ADVISORS 41 Offers Due To Steve Reilly | sreilly@landadvisors.com Purchase Price Please submit a bulk offer based on the terms outlined below. Letter of Intent The Property shall be removed from the market and the Feasibility Period shall commence upon the execution of a fully negotiated Purchase Contract. Feasibility Period Buyer shall have a sixty (60) day Feasibility Period in which to investigate all aspects of the Property, including the physical condition of the Property. The Feasibility Period shall begin upon the execution of the Purchase Contract. Deposit The Initial Deposit shall be equal to two hundred thousand dollars ($200,000). Said Initial Deposit shall be paid at the Opening of Escrow and shall remain refundable during the Feasibility Period. Prior to Buyer’s approval of Feasibility, a Second Deposit that when combined with the Initial Deposit shall equal ten percent (10%) of the Purchase Price shall be placed in Escrow. Upon Buyer’s approval of its Feasibility, the Total Deposit shall be non-refundable, released to Seller and applicable to the Purchase Price. Property Condition at Close of Escrow The Property will be delivered with a Final Map ready to be agendized and improvement plans approved by staff. Buyer will be responsible for all horizontal improvements. Close of Escrow The Close of Escrow shall occur on or before fifteen (15) days after expiration of Feasibility or satisfaction of closing conditions which shall include mutually agreed upon Seller deliveries. Offering Details Please submit offer in the form of a Letter of Intent. Bids should identify the proposed Buyer, its principals and/or material aspects of its corporate organization. Buyer’s submission should include information regarding Buyer’s relevant experience and financial wherewithal, and its intended equity and debt sources for consummating the Transaction. Seller expressly reserves the right, at their sole discretion, to reject any or all expressions of interest or offers to purchase the Property and/or to terminate discussions with any party at any time with or without notice. “As-Is” Sale - No Warranties The Property is being sold “as-is” with no representations or warranties from either the Seller or its Affiliates. The information provided is intended to help a Buyer develop an offer to purchase the Property, but the Buyer must not rely on anything other than its own due diligence. Brokerage Fee The brokerage fees will be paid for by the Seller. No cooperating Brokerage Fee will be paid by the Seller. Brokerage Disclosures Land Advisors Organization may act as Seller’s agent for more than one prospective Buyer on the subject property. Any prospective Buyer requesting Land Advisors to submit an offer on its behalf acknowledges the foregoing disclosures and agrees to the described agency relationships as with other prospective Buyers. Pursuant to S.B. 1171, all offers on real estate in the State of California are required to be accompanied by an executed version of the Brokerage Disclosures forms. Please request the forms from Megan Bornstein (mbornstein@landadvisors.com) and return them with your offer. offering guidelinesdue June 14, 2024 OFFERING GUIDELINES LAND ADVISORS 42 The information contained in this offering material (“Brochure”) is confidential, furnished solely for the purpose of a review by prospective purchaser of any portion of Merrydale within the City of San Rafael, Marin County, California (“Property”) and is not to be used for any other purpose or made available to any other person without the express written consent of Park Place Partners, Inc. d/b/a Land Advisors Organization (“Land Advisors”). The material is based in part upon information supplied by Ridgewood Properties (Seller”) and in part upon information obtained by Land Advisors from sources it deems reasonably reliable. Summaries of any documents are not intended to be comprehensive or all-inclusive but rather only an outline of some of the provisions contained therein. No warranty or representation, expressed or implied, is made by Seller, Land Advisors, or any of their respective affiliates, as to the accuracy or completeness of the information contained herein or as to engineering or environmental matters. Prospective purchasers should make their own projections and conclusions without reliance upon the materials contained herein and conduct their own independent due diligence, including engineering and environmental inspections, to determine the condition of the Property and the existence of any potentially hazardous material located at the site. This Brochure was prepared by Land Advisors. It contains select information pertaining to the Property and does not purport to be all-inclusive or to contain all of the information that a prospective purchaser may desire. All assumptions are provided for general reference purposes only and are based on assumptions relating to the general economy, competition and other factors beyond control and, therefore, are subject to material change or variation. In this Brochure, certain documents and other materials are described in summary form. The summaries do not purport to be complete nor, necessarily, accurate descriptions of the full agreements involved, nor do they constitute a legal analysis of such documents. Interested parties are expected to independently review all documents. This Brochure is subject to prior placement, errors, omissions, changes or withdrawal without notice and does not constitute a recommendation, endorsement or advice as to the value of the Property by Land Advisors or the Seller. Each prospective purchaser is to rely upon its own investigation, evaluation and judgment as to the advisability of purchasing the Property described herein. Seller and Land Advisors expressly reserve the right, at their sole discretion, to reject any or all expressions of interest or offers to purchase the property and/or to terminate discussions with any party at any time with or without notice. Seller shall have no legal commitment or obligation to any purchaser reviewing this Brochure or making an offer to purchase the Property unless a written agreement for the purchase of the Property has been fully executed, delivered and approved by the Seller and any conditions to Seller’s obligations there under have been satisfied or waived. Land Advisors is not authorized to make any representations or agreements on behalf of Seller. This Brochure is the Property of Land Advisors and may be used only by parties approved by Land Advisors. The Property is privately offered and, by accepting this Brochure, the party in possession hereof agrees (i) to return it to Land Advisors immediately upon request of Land Advisors or Seller and (ii) that this Brochure and its contents are of a confidential nature and will be held and treated in the strictest confidence. No portion of this Brochure may be copied or otherwise reproduced or disclosed to anyone without the prior written authorization of Land Advisors and Seller. Please be advised, Buyer acknowledges that Park Place Partners, Inc. d/b/a Land Advisors Organization, may (1) act as an agent for more than one prospective Buyer on the Property and/or (2) act as the agent for both the Buyer and Seller on the subject property. Any prospective Buyer requesting Land Advisors to submit an offer on its behalf acknowledges the foregoing disclosures and agrees to the described agency relationships with other prospective Buyers. The terms and conditions set forth above apply to this Brochure in its entirety. disclaimers & disclosuresconfidentiality OFFERING GUIDELINES LAND ADVISORS 43 DISCLOSURE AND CONSENT FOR REPRESENTATION OF MORE THAN ONE BUYER OR SELLER Excerpts From – C.A.R. Form DA, 11/06 A real estate broker, whether a corporation, partnership or sole proprietorship, (“Broker”) may represent more than one buyer or seller provided the Broker has made a disclosure and the principals have given their consent. This multiple representation can occur through an individual license as a broker or through different associate licensees acting for the Broker. The associates licensees may be working out of the same or different office locations. Broker may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Buyer and Seller understand that Broker may represent more than one buyer or seller and even both buyer and seller on the same transaction. If Seller is represented by Broker, Seller acknowledges that Broker may represent prospective buyers of Seller’s property and consents to Broker acting as a dual agent for both Seller and Buyer in that transaction. If Buyer is represented by Broker, Buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both Buyer and Seller with regard to that property. In the event of a dual agency, Seller and Buyer agree that: (a) Broker, without the prior notice written consent of the Buyer, will not disclose to the Seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the Seller, will not disclose to the Buyer that Seller is willing to sell property at a price less than the listing price; and (c) other than as set forth in (a) and (b) above, a Dual Agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent may disclose the existence, terms, or conditions of Buyer’s offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the Listing Agent’s marketing strategy and the instructions of the seller. Seller and/or Buyer acknowledges reading and understanding this Disclosure and Consent for Representation of More than One Buyer or Seller and agree to the dual agency possibility disclosed. Sources used throughout this package: Zonda, Land Vision, Great Schools, Community Websites, Community Sales Offices, City of San Rafael, and Land Advisors research. disclosuresbrokerage 156 Diablo Road, Suite 340, Danville, CA 94526 | (925) 368-3128 | landadvisors.com/ca 4905-1168-9087 v3 21. Ordinance No. 1979 CLERK’S CERTIFICATE I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 1979 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594, AND CREATION OF A NEW PD DISTRICT, TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE- STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE” MULTI- FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179- 041-27 AND 179-041-28) is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 3rd day of February 2020; a SUMMARY of Ordinance No. 1979 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 18th day of February 2020, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, McCullough & Mayor Pro Tem Colin NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gamblin & Mayor Phillips WITNESS my hand and the official Seal of the City of San Rafael this 24th day of February 2020 LINDSAY LARA City Clerk Attachment 2-1 ORDINANCE NO. 1979 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT (PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594, AND CREATION OF A NEW PD DISTRICT, TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 FOR SALE” MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY MERRYDALE TOWNHOMES) APN’S: 179-041-27 AND 179-041-28) WHEREAS, on September 17, 1990, the San Rafael City Council adopted Ordinance No. 1594, which established a Planned Development (PD) allowing the land use regulations for use of the property as a day care for training up to 120 developmentally disabled adults, consistent with conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August 14, 1990; and WHEREAS, the current Planned Development (PD1594) District zoning for this site does not allow residential development and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of Title 14 of the San Rafael Municipal Code (Zoning Ordinance); and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted an application for PD Rezoning (ZC19-002) requesting to establish the required development standards for the proposed redevelopment of the site to allow the construction of 45 residential “for sale” condominium units, including parking, landscaping and creekside enhancements; and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, also submitted accompanying applications for Environmental and Design Review Permit (ED18-100), Tentative Subdivision Map (TS18-006), Subdivision Exception EX19-012), Use Permit (UP18-039) and Environmental Review/Initial Study (IS18-001) and these accompanying applications are being processed concurrent with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, the application for the PD rezoning proposes to rescind the current PD 1594 and establish a new PD District for the property that would allow for multi-family residential use; and WHEREAS, the proposed PD District land use and development regulations for the property are presented in Exhibit B attached hereto and incorporated by reference. The PD proposes to: a. Rescind the current PD 1594; b. Create a new PD Zoning District for the 350 Merrydale Rd/3833 Redwood Highway property; c. Establish permitted land uses in the new PD, that would mirror the current allowances in the High Density Residential (HR1) Zoning District; d. Establish development standards, including parking requirements, consistent with the HR1 Zoning District; and Attachment 2-2 WHEREAS, consistent with the requirement of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared finding that the proposed new 45-unit townhome development would not result in significant environmental effects, in that revisions to the project have been made and mitigation measures are required to mitigate any potential adverse impacts to less-than-significant levels. Mitigation Measures were identified to reduce the level of sig nificance to less than significant in the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, on July 17, 2018, the Design Review Board (“DRB” or “Board”) reviewed the project as a conceptual review item. The Board was largely supportive of the proposed building design but recommended changes, including greater sensitivity to the neighbors resulting from the roof decks, increasing the front setback along Merrydale Rd. to comply with the required 15-foot front setback, improving recreational activities for children on the site, addition of a Community Room, and provide information for the required trash enclosure; and WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more informal presentation and discussion with surrounding neighbors; and WHEREAS, the applicant revised the project in response to the Board’s comments, as well as to public comments during the DRB and neighborhood meetings, including 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft.; 4) providing crane pads for creek maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed Accessory Dwelling Units (ADU’s); 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); and 10) adding bio-retention information to the landscape plan. The side yard setback along the south property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking was eliminated in order to re-design and eliminate the proposed building encroachment into the required 25’ creek setback; and WHEREAS, on August 6, 2019, the DRB conducted a duly noticed public meeting and reviewed the formal application and plans submitted for the project. The Board found that the changes had adequately addressed their prior comments during conceptual review and in conclusion, the Board voted to recommend approval of the project design, with some minor changes. The motion was made by Member Saude and second by Member Rege. Motion to recommend approval of the project design passed 3-0-2 with Members Paul, Rege and Saude voting “aye” and Members Kent and Summers absent. The recommended modifications included: Community /Recreation Room and adjacent Paseo promenade needs to provide a more integrated indoor/outdoor common amenity for the residents. Visual impacts of AC units need to be mitigated better along public areas (Paseo and creek trail) and Merrydale frontage. The applicant is encouraged to explore greater landscape screening and/or relocating and grouping the AC units to the interior ends of the buildings. The project needs to incorporate greater sustainability into the design, including, but not limited to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar systems. Attachment 2-3 WHEREAS, the applicant has incorporated all recommended changes in the revised plans; WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of the scheduled December 3, 2019 Planning Commission hearing, through the following means: 1) publishing a legal ad in the Marin Independent Journal on November 9, 2019; 2) subject site was posted with a public notice regarding the Mitigated Negative Declaration and the project applications; and 3) notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public hearing on the proposed project accepting and reviewing public comment. On a 6-0-1 vote Commissioner Samudzi absent) the Planning Commission adopted Resolutions Nos. 19-11 and 19-12 to recommend to the City Council: a) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project, and b) adoption of the PD District Rezoning, and c) conditional approval of the Environmental and Design Review Permit (ED18-100), Master Use Permit UP19-039), Tentative Subdivision Map (TS18-006) and Subdivision Exception (EX19-012); and WHEREAS, on February 3, 2020, by adoption of a separate resolution, the City Council adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on February 3, 2020, the City Council held a duty noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael; and WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the City Council makes the following findings in support of an ordinance to rescind the existing Planned Development (PD) District (PD 1594), as shown on the map contained in Exhibit “A” and further described in Exhibit “C,” and to establish a new PD District as outlined in Exhibit “B” (350 Merrydale Residential Townhomes): 1. The Development Plan is consistent in principle with the San Rafael General Plan 202 0 and other applicable City plans or policies in that the 350 Merrydale Rd. Residential Townhomes Planned Development District document includes appropriate development standards, and is subject to an Environmental and Design Review Permit and a Master Use Permit, implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance (Title 14 of the San Rafael Municipal Code), Subdivision Ordinance (Title 15 of San Rafael Municipal Code), and the applicable General Plan land use policies, including: a. The proposed project as designed and conditioned would be would be consistent with Land Use Element Policies LU-2 (Development Timing), ), LU-8 (Density of Residential Development), LU-10 (Planned Development Zoning), LU-12 (Building Heights), LU-23 (Land Use Compatibility), LU-23 (Land Use Map and Categories) given that the project: 1) would be approved at a time when there is adequate infrastructure to serve the proposed development; 2) 3) would not exceed the maximum density allowed in the GC Land Use category (34-72 units); 4) would not Attachment 2-4 exceed the maximum building height of 36 feet allowed for this area of San Rafael; and 5) has been designed to minimize potential visual impacts on the surrounding residnetial properties by limiting bulk, mass and height; b. The proposed project as designed and conditioned would be consistent with Housing Element Policies H-2 (Designs that Fit Into Neighborhoods), H-3 (Public Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit), and H-19 (Inclusionary Housing), in that: 1) residential development is allowed on the site per the General Commercial General Plan Land Use deisgnation; 2) the project design has been subject to review by the public and has been recommended for approval by the Design Review Board; 3) the project would add 45 units of housing within walking diatnce of mass transit, incluing the Civic Cemter SMART Train station, ½ mile from the project siteof the SMART Train; and 4) the project would include nine (9) below-market-rate (BMR) units, five (5) affordable at the low-income level and four (4) at moderate-icome level. c. The project is partially consistent with the applicable Neighborhoods Element Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing Mix), NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design Considerations for Development in the Vicinity of the Civic Center), NH-128 Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale Rd.) in that: 1) the proposed new 45-unit development has been designed to be a transitional use between existing commercial development and residential development on Merrydale Rd. The building design minimizes impacts to surrounding residential properties by providing code compliant front and side setbacks and preserving some existing trees at the perimeter of the project site and proposing 55 new trees on site; 2) 94 parking spaces are provided on the site in compliance with the required parking requirement for 45 units, and 4 new on - street parking spaces would be created along the east side of Merrydale Rd.; and 3) Redwood Highway would be extending and provide secondary access through the project site, allowing pedestrian access to the propsoed new “creek promenade” on the north side of the site as well as vehicular access to Merrydale Rd. d. The project as proposed and as conditioned would be consistent with Community Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods), CD-5 (Views), , CD-11 (Multifamily Design Guidelines), CD-14 (Recreational Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), CD-19 Lighting) in that the project design: 1) preserves, to the greatest extent possible, views the Civic Center from the adjacent one-story residential neighborhood. The building heignt is 33.5’ (less than the 36’ height limit allowed); 2) is generally in keeping with the mass and scale of adjacent commercial and residential development on the east side of Merrydale Rd. and would introduce a higher quality architectural design than currently present on the site; 3) provides landscaping to screen and enhance the project and site; 4) provides new “creek promenade” with landscaping and recreational amenities along Las Gallinas Creek to the north of the development; 5) creates adequate lighting without spillover onto adjacent properties or natural areas; and 6) has been reviewed by the Design Review Board and found to be consistent the applicable design policies of the General Plan and the City’s Residential Design Guidelines. e. The project as proposed and as conditioned would be consistent with Circulation Policies C-5 (Traffic level of Service Standards), C-7 (Circulation Improvements Funding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for Attachment 2-5 Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential Area Parking) in that the project: 1) would not exceed the acceptable level of service standards (LOS), LOS E, for both intersections or arterials; 2) would be required to pay its fair share towards traffic impacts to fund circulation impacts in order to maintain acceptable LOS standards for the General Plan; 3) would maintain adequate access for emergency services as determined by the City’s Public Safety Departments; and 4) would create a new Class III Bike Lane along Meerydale Rd. and install a new sidewalk along the east side of Merrydale, thereby facilitating better pedestrian access along Merrydale Rd. as well as pedestrain access to the new creek promenade area, f. The project as proposed and as conditioned would be consistent with Infrastructure Element Policies I-2 (Adequacy of City Infrastructure and Services), and I-10 (Sewer Facilities) in that: 1) the appropriate utility agencies have reviewed the project and determined that the property is currently being served. However, 1) Marin Municipal Water District (MMWD) has determined that the property’s current annual water entitlement may be insufficient for the new uses and the purchase of additional water entitlement may be required, as well as compliance with all indoor and outdoor requirements of District Code Title 13 for water conservation; and 2) the Las Gallinas Valley Sanitation District (LGVSD) would continue to provide service to the project site, although the 45 proposed residential townhome units would result in an increase in intensity of development over existing uses. The LGVSD has reviewed the project, provided comments and will require that the development project submit an Application for Allocation of Capacity and pay additional capacity fees prior to submittal of a building permit. The project design incorporates sanitary sewer infrastructure that connects all residences to the current LGVSD sanitary system, including two possible infrastructure improvements: a) a gravity system and flow diversion with an updated LGVSD pump station, or b) a lift-station (with control cabinet) located in the southeastern corner of the project site for pumping sanitary sewer to the main LGVSD pump station (which would also be updated). Either design solution would satisfy LGVSD requirements for sanitary sewer service. g. The project as proposed and as conditioned would would be consistent with the Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources), SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Trees), SU-10 (Zero Waste) in that given that: 1) the revised project plans include a provision that all townhome units and stacked flats (to the extent practicable) will be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage units will be provided with 220-volt power points suitable for EV charging; 3) the project will comply with the most recently adopted CBC (California Building Code) CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the Marin Municipal Water District’s most recently adopted water conservation and gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees will be preserved on site; and 6) The project is proposing a covered and screened trash enclosure, the design and location of which has been reviewed and approved by Marin Sanitary Service (MSS). h. The project as proposed and as conditioned would would be consistent with the Culture and Arts Element Policy CA-15 (Protection of Archaeological Resources) in that: 1) The existing buildings were constructed in 1967 or 1968 as a school facility but does not meet criteria as defined in CEQA Guidelines Section 15064.5. The existing structures and site have been modified over the years and do not appear to have any historical significance; and 2) the site for original construction Attachment 2-6 of existing buildings would have disrupted any archaeological deposits if they were present. Indications of the disturbance would likely still be apparent when examining remnant soils. Based on the results of the cultural resources investigation conducted for the proposed project, no prehistoric or historic-period archaeological resources were identified within the project area. However, mitigation measures have been included in the IS/MND MMRP (CULT -1 and CULT-2) to protect any resources found during construction activities. i. The project as proposed and as conditioned would be consistent with Park and Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project will provide a 500 sq. ft. “community room” for the residents which will include a kitchen area and bathroom. The community room will also have sliding glass doors that open onto an approximately 500 sq. ft. patio area, with planters seating, and a BBQ area. j. The project as proposed and as conditioned would be consistent with Safety Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality Control Board (RWQCB) Requirements), and S-32 (Safety Review of Development Projects) in that: 1) the project has been reviewed using the hazard maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review concluded that the development on this site, with conditions, is feasible and appropriate from a geotechnical engineering standpoint; 3) the project would not include any hazardous materials or uses in it operations; 4) the development would be built to conform to current building and seismic safety codes; 5) the structure would be built in accordance with the Federal Emergency Management Agency FEMA) regulations for this type of structure and use in a 500-year flood zone; 6) an erosion control plan would be required during contsruction of the project; 7) the drainage plan would direct all new run-off from the site into vegetative bio-retention areas before being released into the storm drain system; and 8) the project has been reviewed by the Police and Fire Department and found to be in conformance with their fire and crime prevention standards and would not pose a risk to public safety safety or impact their levels of service. k. The project as proposed and as conditioned would be consistent with Noise Element Policies N-1 (Noise Impacts on New Development), N-2 (Exterior Noise Levels for Residential Use), N-3 (Planning and Design of New Development), N-4 Noise from New Nonresidential Development), and N-5 (Traffic Noise from New Developmentin that the project: 1) Based on information in the Acoustical Report by Illingworth and Rodkin, the IS/MND analysis indicated that Building 2 through Building 7 would also exceed the 45 dBA Ldn threshold with windows partially open. With standard construction and forced-air ventilation, allowing occupants the option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades or buildings 3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be partially shielded by the buildings to the east and would be exposed to 67 dBA Ldn. The west facade of Buildings l and 9 would be exposed to traffic noise from Merrydale Rd. up to 58 dBA Ldn. These levels are in the “Clearly Unacceptable” range in Exhibit 31 of the General Plan 2020. Therefore, the Acoutical Report recommended additional mitigation measures required prior to issuance of the building permit to required force-air ventilation and the appropriate STC window ratings to maintain interior noise levels at acceptable levels (see Environmental and Design Review Permit COA #25; 2) conditions and Attachment 2-7 mitigations have been incorporated to reduce any temporary impacts due to construction (Initial Study Mitigation Meausure NOISE-1); and 3) the Acoutical Report determined that the primary noise sources at the site would continue to be vehicular traffic on US- 101 and Merrydale Rd. US-101 is elevated by about 10 feet above the site. Based on traffic volumes provided in the Traffic Impact Assessment Report prepared for the proposed project, traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future conditions 2040) due to increases in traffic volumes on Merrydale Rd.. An increase in 1 dBA would be barely detectable to typical human hearing and is not considered a significant increase. l. The project as proposed and as conditioned would be consistent with Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7 Public Access to Creeks), CON-8 (Enhancement of Creeks and Drainageways), CON-9 (Native and/or Sensitive Habitats), CON-14 (Special Status Species), and CON-16 (Landscape with Native Plant Species) in that the proposed project: 1) would maintain setbacks from the creek and provide creek enhancements with added landscaping and pedestrian access point; 2) would not impact a wildlife corridor since the site is currently developed and biological assessments have found no such corridors; 3) would not impact any senstive or threatened/endangered species or habitats; 4) has been conditioned to ensure that disturbance to any potential nesting birds be avoided during construction; and 5) would provide new trees and shrubs throughout the site, as well as bio-retention areas to facilitate proper site drainage. m. The project as proposed and as conditioned would be consistent with Air and Water Quality Element Policies: AW -1 (State and Federal Standards), AW -2 (Land Use Compatibility), AW -4 (Particulate Matter Pollution Reduction), AW -7 (Local, State and Federal Standards), and AW -8 (Reduce Pollution from Urban Runoff) since the project: 1) would comply with local, state and federal air quality standards; 2) mitigation measures have been incorporated to address temporary air quality impacts during construction; 3) drainage systems have been designed to utilize vegetated swales before discharging drainage into storm drain systems or the creek; and 4) methods consistent with the Storm Water Pollution Prevention Standards of the Regional Water Quality Board have been incorporated into the design and conditions have been included to require compliance with these standards. 2. The applicant proposes to add 45 units of new residential development (market rate and below market rate (BMR) units) which will help serve to accommodate the projected need for 1,007 additional housing units in the City by the year 2023. The 3-story development will serve as a transition between the existing 2-story residential properties, commercial development, and the single-family lots in the interior Rafael Meadows neighborhood. The existing creek has been protected by providing a 25-foot setback and will be enhanced with new vegetation along the south bank and designed with a shared maintenance and pedestrian promenade. Further, the development plan has been reviewed and recommended for approval by the Design Review Board. 3. The applicant has demonstrated that the proposed development can be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development and are available to serve the proposed redeveloped site. Attachment 2-8 4. The applicant has accepted the City’s direction to use the HR1 property development standards for the new PD zoning, as this zoning district most closely approximates the adjacent property development standards. The proposed new development has been designed to be in compliance with the applicable HR1 property development standards, and the proposed project is not requesting any deviations (Variances) from the HR1 setbacks. However, the City standard per San Rafael Municipal Code Section 15.06.050(c) is that local streets provide a minimum right-of-way of 60 feet and a minimum pavement width of 40 feet. Due to site constraints (creek and utility easements) the applicant is requesting an exception to allow a private street with an easement of 30 feet and a minimum pavement width of 20 feet and providing at least one sidewalk. This requires approval of an Exception request, pursuant to San Rafael Municipal Code Section 15.01.120(c). The City Engineer has reviewed the project and is in support of the Exception request. 5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan are adequately designed for circulation needs and public safety in that: a) the Development Plan proposes sidewalks throughout the development for pedestrian access, including access to the proposed new creek promenade area; b) the project triggers the creation of a new Class III Bike Lane along Merrydale Rd.; c) the emergency vehicle ingress and egress from the development would be provided through the existing roadway, as well as from an extension of Redwood Highway (allowing traffic to pass through the development and access Merrydale Rd.) and has been found to be adequate by the City of San Rafael Fire and Police Departments; d) the access and site layout has been reviewed by the appropriate City Departments and it has been determined that an Exception to street width standards is appropriate and acceptable; and e) code compliant parking (94 spaces) will be provided on site, with an additional 4 new on-street spaces added to the east side of Merrydale Rd. 6. The public health, safety and welfare are served by the adoption of the proposed PD District, in that the project as proposed and conditioned: a) would implement housing and environmental goals and policies adopted for this site in the San Rafael General Plan 2020; b) would conform to City standards for safety; c) would be consistent with the recommended mitigation measures presented in the Initial Study/Mitigated Negative Declaration prepared for this project; and d) would address project impacts to privacy, traffic, and parking through the inclusion of conditions of approval on the Master Use Permit and Environmental and Design Review Permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the San Rafael Municipal Code is amended by reclassifying the following real property from PD-1594 Planned Development District 1594) to PD (Planned Development – Ordinance No. 1979) District. Said property so reclassified is located at 350 Merrydale Rd/3833 Redwood Highway, San Rafael, as shown on County Assessor’s Parcel No’s: 179-041-27 and 179-041-28), as shown on the map attached as Exhibit “A” and described in Exhibit “C”, which are incorporated by reference. DIVISION 2. Any development of this property shall be subject to the conditions outlined Exhibit “B”, the Merrydale Townhomes – Planned Development District, which is attached hereto and made a part hereof. Attachment 2-9 DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 4. A summary of this ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance along with the names of those Councilmembers voting for or against the ordinance. GARY O. PHILLIPS, Mayor ATTEST: LINDSAY LARA, City Clerk The foregoing Ordinance No. 1979 was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 3rd day of February 2020 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 18th day of February 2020. LINDSAY LARA, City Clerk Exhibit A: Rezoning Map Exhibit B: Planned Development District Standards Exhibit C: Legal Property Description Attachment 2-10Attachment2-10 Exhibit A: Rezoning Map Exhibit B: Planned Development District Standards Exhibit C: Legal Property Description Exhibit A REZONING MAP Attachment 2-11 APN 179-041-27 APN 179-041-28 PD Rezoning to Rescind PD 1594 to create a new PD for these two properties known as 3833 Redwood Highway/350 Merrydale Rd Exhibit B MERRYDALE TOWNHOMES – PLANNED DEVELOPMENT DISTRICT Attachment 2-12 1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site known as the Merrydale Townhomes located at 350 Merrydale Road/3883 Redwood Highway. 2. LAND USE REGULATIONS a) This PD permits a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2. b) All other land uses shall follow the land use regulations set forth in the High Density Residential HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). c) Private Usable Open Space: Balconies provided for the units shall remain open and not be enclosed or otherwise screened with mesh or other materials. d) Common Usable Open Space on site to include: Community Room: A flexible space to be used by residents with a clear interior dimension of 14’ 6” x 20’ 6” space, a kitchen area (with sink, stove and refrigerator) and bathroom and storage area. A ping pong table and stacking tables shall be provided for the space. The Community Room would have access to an exterior 500 sf patio area with planters, seating and a BBQ as shown in approved Plan Sheet L4. This community room shall remain available as a recreational space to all residents and shall not be converted into a living unit or a leasing office or storage space. Creek Promenade: A creek promenade area shall be established along the north side of the project site, adjacent to the Las Gallinas Creek. The creek promenade shall be design with landscaping, removable fencing/benches/light bollards as per approved Plan Sheet L1 through L3. Passive play area activities shall be installed for children as per approved Plan Sheet L3. The promenade shall be used as a recreational amenity and is also designed to provide access to equipment for creek maintenance activities. e) Site Lighting fixtures (number and type) shall be installed as per approved Plan Sheet L11. 3. DEVELOPMENT STANDARDS The Planned Development shall be developed in conformance with the development plans, associated drawings and reports submitted with the Planned Development as listed in the Exhibit section and the development standards set forth below. a) Maximum Lot Coverage The maximum lot coverage for the site shall be 60% as shown on the development plan. b) Floor Area Ratio: N/A c) Residential Density: Maximum of 45 residential units. Accessory dwelling units (ADU’s) or Junior Dwelling Unit (JDU’s) are allowed on the site and do not count against the maximum residential density. Future ADU’s on site shall be subject to the same regulations stipulated in the Zoning Ordinance or as modified by State law. Exhibit B MERRYDALE TOWNHOMES – PLANNED DEVELOPMENT DISTRICT Attachment 2-13 d) Minimum Yards: Front: 15’ Side: 5’ Rear: 5’ e) Maximum Building Height Building height limits for this site is 36’ per Exhibit 7 in San Rafael General Plan 2020. Exclusions to the maximum height limits shall be as prescribed by Section 14.16.120 of the Zoning Ordinance, as amended. f) Parking Residential parking shall be provided as proposed: 94 on-site parking spaces (87 garage spaces, including 20 tandem spaces) and 7 uncovered on-site, on-street spaces (including 1 ADA space). The ADA space and on-street spaces on site shall be located as shown on approved Plan Sheet SP-2. Parking for ADU or JADU’s shall follow the prescribed parking requirement in the Zoning Ordinance. 4. EXHIBITS a) Architectural Plans prepared by WHA Architects - Sheets SP1 through SP-7, and Architectural Plan Sheets A-1 through A-13. b) Civil Engineering Plans prepared by Oberkamper & Associates consisting of Sheet C-1 through C-5. c) Landscape Plan prepared by Ripley Design Landscape Architects, consisting of Sheets L1 through L12. d) Photometric Study prepared by Associated Lighting Representatives consisting of Sheet 1. 5. AMENDMENTS a) Amendments to uses that exceed the standards prescribed by this PD or propose uses that are not consistent with the land use regulations of the PD shall require an amendment to the PD District. b) Amendments to the design, color or materials of the structures or minor site modifications to site improvements or addition of minor accessory structures, shall be administered through an Environmental and Design Review Permit. Exhibit C Legal Property Description Attachment 2-14 The land referred to is situated in the County of Marin, City of San Rafael, State of California, and is described as follows: Parcel B, as shown upon that certain Parcel Map entitled "Parcel Map Division of the Lands of Jacobson & Clayton Lots 1 to 13 and 22 to 31 Map of Subdivision "A" Gold Links Tract (2 Maps 7) City of San Rafael, California October 1982", filed for record November 9, 1983 in Book 21 of Parcel Maps, at Page 6, Marin County Records. APN: 179-041-27 179-041-28 4905-1168-9087 v3 22. Resolution No. 14762 RESOLUTION NO. 14762 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR A REZONING (ZC19- 002), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-100), TENTATIVE MAP (18-006), MASTER USE PERMIT (UP18-039), AND SUBDIVISION EXCEPTION (EX19-012) FOR THE DEMOLITION OF THE EXISTING ONE-STORY BUILDINGS ON SITE AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE” MULTI FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on October 16, 2017, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted plans for a Pre-Application review of a proposed demolition of existing buildings and redevelopment of a 2.28 acre site at 350 Merrydale Road/3833 Redwood Hwy with nine new buildings containing a total of 44 residential townhome units, including parking, landscaping and creekside enhancements; and WHEREAS, on January 18, 2018, City Planning staff provided comments on the pre- application, with additional comments from other City departments and relevant outside Agencies; and WHEREAS, on April 25, 2018, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted an application for a Conceptual Design Review for the construction of 45 for-sale townhome units, and associated site improvements; and WHEREAS, on July 17, 2018, the Design Review Board held a duly noticed public hearing on the conceptual design of the proposed project and provided recommendations to the applicant; and WHEREAS, on November 8, 2018, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted a formal application for Planned Development (PD) Rezoning (ZC18-002), Environmental and Design Review Permit (ED18-100), Tentative Map (TS18- 006), Master Use Permit (UP18-039) and Subdivision Exception (EX19-012); and WHEREAS, on July 25, 2019, the applicant held a Neighborhood Meeting at the project site, which was duly noticed by the City to residents and property owners within 400 feet of the project site; and WHEREAS, on August 6, 2019, the Design Review Board held a duly noticed public hearing on the proposed project, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the proposal is defined as a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project. The Initial Study is supported by several technical studies and reports (traffic, noise, biological, geotechnical, air quality, cultural resources, hydrology, fire flow analysis, and storm water control plan); and Attachment 1-1 WHEREAS, as demonstrated in the preparation of an Initial Study, all potentially significant effects on the environment identified in the Initial Study can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures; including impacts to Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for implementing all mitigation measures identified in the Initial Study/Mitigated Negative Declaration. The MMRP is attached hereto as Attachment A and incorporated by reference; and WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative Declaration prepared for this project and notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were submitted to the State Office of Planning and Research (OPR) and made available for a 30-day review period by pertinent agencies and interested members of the public, commencing on November 8, 2019 and concluding on December 10, 2019; and WHEREAS, the City has evaluated the comments received by public agencies, utilities, organizations, special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including two letters/emails received from California Department of Transportation (Caltrans) and State Department of Toxic and Substance Control (DTSC), commenting on the adequacy of the Initial Study/Mitigated Negative Declaration. Staff responded to these comments verbally at the hearing on December 10, 2019 and summarized the responses in a memo to file dated December 10, 2019. No changes or modifications were deemed necessary to the Initial Study/Mitigated Negative Declaration; and WHEREAS, on December 10, 2019, the Planning Commission held a public hearing on the proposed project, the planning applications for the 45-unit residential townhome development at 350 Merrydale Road/3833 Redwood Hwy and the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, accepting all oral and written public testimony and the written report of the Department of Community Development. On a vote of 6-0-1 (Commissioner Samuzdi absent), the Planning Commission adopted Resolution No. 19-11, recommending that the City Council adopt the IS/MND and approve a Mitigation Monitoring and Reporting Program; and WHEREAS, on February 3, 2020, the City Council held a duly-noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the Mitigated Negative Declaration and approves the Mitigation Monitoring and Reporting Program as presented in Attachment "A" based on the findings that: Attachment 1-2 a) The City exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the public hearings. Based on this review, the City Council finds and determines that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less-than-significant level. b) A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure implementation of, and compliance with, all conditions required to mitigate any impact to a level of less than significant. All mitigation measures have also been included as conditions of the project's approval by separate Resolution. 1, 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 the 3 day of February 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey LINDSAY LARA, City Clerk Attachment A Mitigation Monitoring and Reporting Program Attachment 1-3 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e l. . AE S T H E T I C S i( d ) . Mi t i g a t i o n Me a s u r e AE S - 1 : Pr i o r to th e Bu i l d i n g Pe r m i t fi n a l in s p e c t i o n , th e pr o j e c t ap p l i c a n t sh a l l su b m i t to th e sa t i s f a c t i o n of th e Co m m u n i t y De v e l o p m e n t De p a r t m e n t Di r e c t o r , a po s t - i n s t a l l a t i o n ph o t o m e t r i c li g h t i n g st u d y sh o w i n g th a t th e li g h t i n g on si t e co m p l i e s wi t h th e ap p r o v e d li g h t i n g le v e l s pe r ED 1 8 - 1 0 0 an d th e re q u i r e m e n t s of SR M C 14 . 1 6 . 2 2 7 . Th e pr o j e c t ap p l i c a n t sh a l l al s o de m o n s t r a t e to th e Bu i l d i n g De p a r t m e n t th a t ou t d o o r li g h t i n g fi x t u r e s me e t th e re q u i r e m e n t s of th e Ca l i f o r n i a En e r g y Co d e (k n o w n as Pa r t 6, Ti t l e 24 of th e Ca l i f o r n i a Co d e of Re g u l a t i o n s ) MM , AI R QU A L I T Y | il l (b ) . Mi t i g a t i o n Me a s u r e AQ - 1 : In c l u d e ba s i c me a s u r e s to co n t r o l du s t an d ex h a u s t du r i n g co n s t r u c t i o n . Du r i n g an y co n s t r u c t i o n pe r i o d gr o u n d di s t u r b a n c e , th e ap p l i c a n t sh a l l en s u r e th a t th e pr o j e c t co n t r a c t o r im p l e m e n t me a s u r e s to co n t r o ! du s t an d ex h a u s t . Im p l e m e n t a t i o n of th e me a s u r e s re c o m m e n d e d by BA A Q M D an d li s t e d be l o w wo u l d re d u c e th e ai r qu a l i t y im p a c t s as s o c i a t e d wi t h gr a d i n g an d ne w co n s t r u c t i o n to a le s s - t h a n - s i g n i f i c a n t le v e l . Im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l l ty Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Fi l e +: Ti t l e : Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pl a n n i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e pl a n / s t u d y ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t No n - Co m p l i a n c e Sa n c t i o n / A c t i v i ty De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 1 At t a c h m e n t A "M I T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M . 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e im p i e m e n t a t i o n Pr o c e d u r e Th e co n t r a c t o r sh a l l im p l e m e n t th e fo l l o w i n g be s t ma n a g e m e n t pr a c t i c e s th a t ar e re q u i r e d of al i pr o j e c t s : 1. Al l ex p o s e d su r f a c e s (e . g . , pa r k i n g ar e a s , st a g i n g ar e a s , so i l pi l e s , gr a d e d ar e a s , an d un p a v e d ac c e s s ro a d s ) sh a l l be wa t e r e d tw o ti m e s pe r da y . 2. Al l ha u l tr u c k s tr a n s p o r t i n g so i l , sa n d , or ot h e r lo o s e ma t e r i a l of f - s i t e sh a l l be co v e r e d . 3. Al l vi s i b l e mu d or di r t tr a c k - o u t on t o ad j a c e n t pu b l i c ro a d s sh a l l be re m o v e d us i n g we t po w e r va c u u m st r e e t sw e e p e r s at le a s t on c e pe r da y . Th e us e of dr y po w e r sw e e p i n g is pr o h i b i t e d . 4. Al l ve h i c l e sp e e d s on un p a v e d ro a d s sh a l l be li m i t e d to 15 mi l e s pe r ho u r (m p h ) . 5. Al l ro a d w a y s , dr i v e w a y s , an d si d e w a l k s to be pa v e d sh a l l be co m p l e t e d as so o n as po s s i b l e . Bu i l d i n g pa d s sh a l l be la i d as so o n as po s s i b l e af t e r gr a d i n g un l e s s se e d i n g or so i l bi n d e r s ar e us e d . 6. Id l i n g ti m e s sh a i l be mi n i m i z e d ei t h e r by sh u t t i n g eq u i p m e n t of f wh e n no t in us e or re d u c i n g th e ma x i m u m id l i n g ti m e to 5 mi n u t e s (a s re q u i r e d by th e Ca l i f o r n i a ai r b o r n e to x i c s co n t r o l me a s u r e Ti t l e 13 , Se c t i o n 24 8 5 of Ca l i f o r n i a Co d e of Re g u l a t i o n s [C C R ] ) . Cl e a r si g n a g e sh a l l be pr o v i d e d fo r co n s t r u c t i o n wo r k e r s at ai l ac c e s s po i n t s . 7. Al l co n s t r u c t i o n eq u i p m e n t sh a l l be ma i n t a i n e d an d pr o p e r l y tu n e d in ac c o r d a n c e wi t h Mo n i t o r i n g Re s p o n s i b i l i ty Ac t i o n & Sc h e d u l e Fi l e #: Ti t l e : Mo n i t o r i n g / Re p o r t i n g No n - Mo n i t o r i n g Co m p l i a n c e Co m p l i a n c e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) ZC 1 9 - 0 0 2 / E D 1 8- 1 00 / T S 1 8- 00 6 / E X 1 9 - 0 1 2 / U P 1 8- 0 3 9 / At t a c h m e n t 1. At t a c h m e n t A _ MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d | Mi t i g a t i o n Me a s u r e ma n u f a c t u r e r ' s sp e c i f i c a t i o n s . Al l eq u i p m e n t sh a l l be ch e c k e d by a ce r t i f i e d me c h a n i c an d de t e r m i n e d to be ru n n i n g in pr o p e r co n d i t i o n pr i o r to op e r a t i o n . 8. Po s t a pu b l i c l y vi s i b l e si g n wi t h th e te l e p h o n e nu m b e r an d pe r s o n to co n t a c t at th e Le a d Ag e n c y re g a r d i n g du s t co m p l a i n t s . Th i s pe r s o n sh a l l re s p o n d an d ta k e co r r e c t i v e ac t i o n wi t h i n 48 ho u r s . Th e Ai r Di s t r i c t ' s ph o n e nu m b e r sh a l l al s o be vi s i b l e to en s u r e co m p l i a n c e wi t h ap p l i c a b l e re g u l a t i o n s . lI K ( b ) . Mi t i g a t i o n Me a s u r e AQ - 1 a : Al l di e s e l - p o w e r e d of f - r o a d eq u i p m e n t , la r g e r th a n 25 ho r s e p o w e r , op e r a t i n g on th e si t e fo r mo r e th a n tw o da y s co n t i n u o u s l y sh a l l , at a mi n i m u m , me e t U. S . EP A pa r t i c u l a t e ma t t e r em i s s i o n s st a n d a r d s fo r Ti e r 2 en g i n e s wi t h CA R B - c e r t i f i e d Le v e l 3 Di e s e l Pa r t i c u l a t e Fi l t e r s or eq u i v a l e n t . e Th e us e of eq u i p m e n t me e t i n g U. S . EP A Ti e r 4 st a n d a r d s fo r pa r t i c u l a t e ma t t e r wo u l d al s o me e t th i s re q u i r e m e n t . + Us e of eq u i p m e n t th a t in c l u d e s al t e m a t i v e l y fu e l e d eq u i p m e n t (i . e . , no n - d i e s e l ) wo u l d me e t th i s re q u i r e m e n t . e Ot h e r me a s u r e s ma y be th e us e of ad d e d ex h a u s t de v i c e s , or a co m b i n a t i o n of me a s u r e s , pr o v i d e d th a t th e s e me a s u r e s ar e ap p r o v e d by th e Ci t y an d im p i e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i ty Mo n i t o r i n g / Re p o r t i n g Ac t l o n £ Sc h e d u l e Re q u i r e as a co n d i t i o n of ap p r o v a l Pl a n n i n g Di v i s i o n In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s Di v i s i o n / Bu i l d i n g Di v i s i o n Pr o j e c t sp o n s o r pr o v i d e s eq u i p m e n t li s t pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 3 No n - Co m p l i a n c e Sa n c t i o n / A c t i v i ty Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t At t a c h m e n t A “M I T I G A TI O N | MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - Mo n i t o r i n g Pr o c e d u r e Re s p o n s l i b i l i Re p o r t i n g Co m p l i a n c e Co m p l i a n c e ty Ac t i o n 4 Sc h e d u l e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) de m o n s t r a t e d to re d u c e co m m u n i t y ri s k im p a c t s to le s s - t h a n - s i g n i f i c a n t . Il l ( c ) Mi t i g a t i o n Me a s u r e AQ - 2 : In c l u d e hi g h - Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t ef f i c i e n c y pa r t i c u l a t e fi l t r a t i o n sy s t e m s in re s i d e n t i a l ap p r o v a l Di v i s i o n co n d i t i o n of pr o j e c t ve n t i l a t i o n sy s t e m s . . ap p r o v a Pr o j e c t sp o n s o r ob t a i n s Bu i l d i n g Bu i l d i n g Di v i s i o n De n y is s u a n c e ， Di v i s i o n ve r i f i e s ap p r o p r i a t e of bu i l d i n ju d g e d by tw o ef f e c t s : (1 ) in c r e a s e d ca n c e r ri s k , an d ao e r o p m a t e av e n c i e s ap p r o v a l s ob t a i n e d 。 pe r m i t 9 (2 ) an n u a l PM 2 . 5 co n c e n t r a t i o n . Ex p o s u r e to ca n c e r , ， pr i o r to is s u a n c e of ri s k fr o m U. S . Hi g h w a y 10 1 ar e si g n i f i c a n t . Ca n c e r ri s k Pr i o r to is s u a n c e of bu i l d i n g pe r m i t is ba s e d on ex p o s u r e to ex h a u s t em i s s i o n s wh i l e Pu i l d i n g pe r m i t s . an n u a l PM 2 . 5 co n c e n t r a t i o n s ar e ba s e d on th e ex p o s u r e to PM 2 . 5 re s u l t i n g fr o m em i s s i o n s at t r i b u t a b l e to tr u c k an d au t o ex h a u s t , th e we a r i n g of br a k e s an d ti r e s an d re - e n t r a i n m e n t of ro a d w a y du s t fr o m ve h i c l e s tr a v e l i n g ov e r pa v e m e n t . PM 2 . 5 ex p o s u r e dr i v e s th e mi t i g a t i o n pl a n . Re d u c i n g PM 2 . 5 ex p o s u r e s to le s s th a n si g n i f i c a n t wo u l d al s o re d u c e ca n c e r ri s k to le s s th a n si g n i f i c a n t le v e l s . Th e pr o j e c t sh a l l in c l u d e th e fo l l o w i n g me a s u r e s to mi n i m i z e lo n g - te r m an n u a l PM 2 . 5 ex p o s u r e fo r ne w pr o j e c t oc c u p a n t s : 1. In s t a l l ai r fi l t r a t i o n in re s i d e n t i a l dw e l l i n g s . Ai r fi l t r a t i o n de v i c e s sh a l l be ra t e d ME R V 13 or hi g h e r . To en s u r e ad e q u a t e he a l t h pr o t e c t i o n to se n s i t i v e re c e p t o r s (i . e . , re s i d e n t s ) , th i s ve n t i l a t i o n sy s t e m , wh e t h e r me c h a n i c a l or pa s s i v e , al l fr e s h ai r Th e si g n i f i c a n t ex p o s u r e fo r ne w pr o j e c t re c e p t o r s is Fi l e #: Ti t l e : Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 4 At t a c h m e n t A MI T IG A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 30 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i Re p o r t i n g Co m p l i a n c e Co m p l i a n c e ty Ac t i o n € Sc h e d u l e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) ci r c u l a t e d in t o th e dw e l l i n g un i t s sh a l l be fi l t e r e d , as de s c r i b e d ab o v e . 2. As pa r t of im p l e m e n t i n g th i s me a s u r e , an on g o i n g ma i n t e n a n c e pl a n fo r th e bu i l d i n g s ’ he a t i n g , ve n t i l a t i o n , an d ai r co n d i t i o n i n g (H V AC ) ai r fi l t r a t i o n sy s t e m sh a l l be re q u i r e d . 3. En s u r e th a t th e us e ag r e e m e n t an d ot h e r pr o p e r t y do c u m e n t s : (1 ) re q u i r e cl e a n i n g , ma i n t e n a n c e , an d mo n i t o r i n g of th e af f e c t e d bu i l d i n g s fo r ai r fl o w le a k s , (2 ) in c l u d e as s u r a n c e th a t ne w ow n e r s or te n a n t s ar e pr o v i d e d in f o r m a t i o n on th e ve n t i l a t i o n sy s t e m , an d (3 ) in c l u d e pr o v i s i o n s th a t fe e s as s o c i a t e d wi t h ow n i n g or le a s i n g a un i t ( s ) in th e bu i l d i n g in c l u d e fu n d s fo r cl e a n i n g , ma i n t e n a n c e , mo n i t o r i n g , an d re p l a c e m e n t s of th e fi l t e r s , as fl e e d e d . IV . BI O L O G I C A L RE S O U R C E S IV ( a ) . Mi t i g a t i o n Me a s u r e BI O - 1 : Pr e - c o n s t r u c t i o n Re q u i r e as a co n d i t i o n of Pl a n n i n g in c o r p o r a t e as De n y pr o j e c t ne s t i n g bi r d an d ba t su r v e y s ap p r o v a l . Di v i s i o n pe l l e Be l e ，，， j r i ap p l i c a n t co n d u c t s Th e ne s t i n g se a s o n is de f i n e d he r e a as be i n g fr o m No c l g n a t e s qu a l i f i e d Bu i d e pr e - c o n s t r u c t i o n De n y is s u a n c e Fe b r u a r y 1 to Au g u s t 31 an d th e r e f o r e wo r k sh o u l d pr o f e s s i o n a l pr i o r to st a r t — Di v i s i o n su r v e y be f o r e of bu i l d i n g co m m e n c e be t w e e n Se p t e m b e r 1 an d Ja n u a r y 31 . of co n s t r u c t i o n an d pe r m i t is s u a n c e . pe r m i t e If th i s is no t po s s i b l e , an d pr o j e c t ac t i v i t i e s ar e o p t a j n s ap p r o v a l s fr o m ; o in i t i a t e d du r i n g th e ne s t i n g se a s o n , th e n a ne s t i n g ap p r o p r i a t e ag e n c i e s Ba n n i n g | Bu i l d i n g Fi l e #: ZC 1 9 - 0 0 2 / E D 18 - 10 0 / T , 8 1 8- 0 0 6 / E X 1 9 - 01 2 / 0 P 1 8 - 0 3 9 / Ti t l e : Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1, A- 5 At t a c h m e n t A _ MI T I G A TI O N MO N I T ! OR I N G AN D RE P O R T I N G PR O G R A M 39 0 Me r r y d a l e F Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b l l i Re p o r t i n g Co m p l i a n c e Co m p l i a n c e ty Ac t i o n & Sc h e d u l e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ). bi r d su r v e y sh a l l be co n d u c t e d by a qu a l i f i e d pr i o r to is s u a n c e of su r v e y co n d u c t e d wi l d l i f e bi o l o g i s t no mo r e th a n 14 da y s pr i o r to th e bu i l d i n g pe r m i t s pr i o r to is s u a n c e of st a r t of pr o j e c t ac t i v i t i e s . bu i l d i n g pe r m i t e If ne s t s ar e id e n t i f i e d , a no - d i s t u r b a n c e bu f f e r sh o u l d be im p l e m e n t e d to av o i d im p a c t s to ne s t i n g bi r d s an d sh o u l d re m a i n in pl a c e un t i l al l yo u n g ar e fl e d g e d or th e ne s t ot h e r w i s e be c o m e s in a c t i v e . e Bu f f e r s ty p i c a l l y ra n g e fr o m 25 fe e t to 50 0 fe e t de p e n d i n g on th e sp e c i e s . e If wo r k is to be in i t i a t e d wi t h i n th e ba t br e e d i n g / wi n t e r ro o s t i n g se a s o n , an as s e s s m e n t of ex i s t i n g bu i l d i n g s sh o u l d be pe r f o r m e d pr i o r to co n s t r u c t i o n ac t i v i t i e s to de t e r m i n e if a ro o s t is pr e s e n t . e if a ro o s t is ob s e r v e d , co n s t r u c t i o n ac t i v i t i e s sh o u l d be po s t p o n e d un t i l a qu a l i f i e d bi o l o g i s t de t e r m i n e s th e ba t s ar e ex c l u d e d fr o m th e ro o s t lo c a t i o n . V. CU L T U R A L RE S O U R C E S V( b ) . Mi t i g a t i o n Me a s u r e CU L T - 1 : — Pr o t e c t Re d u l r e . a s a co n d i t i o n of Pl a n n i n g In c o r p o r a t e Pe aj e c t De n y pr o j e c t Ar c h a e o l o g i c a l © Re s o u r c e s I d e n t i f i e d du r i n g PP ap p r o v a l > Co n s t r u c t i o n : Th e pr o j e c t sp o n s o r sh a l l en s u r e th a t Pr o j e c t sp o n s o r PP co n s t r u c t i o n cr e w s st o p al l wo r k wi t h i n 10 0 fe e t of th e de s i g n a t e s qu a l i f i e d Pl a n n i n g Pr o j e c t sp o n s o r to De n y is s u a n c e di s c o v e r y un t i l a qu a l i f i e d ar c h a e o l o g i s t ca n as s e s s th e pr o f e s s i o n a l pu r s u a n t to /B u i l d i n g ha l t wo r k of bu i l d i n g Fi l e #: ZC 1 9 - 0 0 2 / E D | 8- 1 0 0 / T : S 1 8- 0 0 6 / E X 1 9 - 01 2/ U P 1 8 - 0 3 9 / Ti t l e : At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e pr e v i o u s l y un r e c o r d e d di s c o v e r y an d _ pr o v i d e re c o m m e n d a t i o n s . Re s o u r c e s co u l d in c l u d e su b s u r f a c e hi s t o r i c fe a t u r e s su c h as ar t i f a c t - f i l l e d pr i v i e s , we l l s , an d re f u s e pi t s , an d ar t i f a c t de p o s i t s , al o n g wi t h co n c e n t r a t i o n s of ad o b e , st o n e , or co n c r e t e wa l l s or fo u n d a t i o n s , an d co n c e n t r a t i o n s of ce r a m i c , gl a s s , or me t a l ma t e r i a l s . Na t i v e Am e r i c a n ar c h a e o l o g i c a l ma t e r i a l s co u l d in c l u d e ob s i d i a n an d ch e r t fl a k e d st o n e to o l s (s u c h as pr o j e c t i l e an d da r t po i n t s ) , mi d d e n (c u l t u r a l l y de r i v e d da r k e n e d so i l co n t a i n i n g he a t - a f f e c t e d ro c k , ar t i f a c t s , an i m a l bo n e s , an d / o r sh e l l f i s h re m a i n s ) , an d / o r gr o u n d s t o n e im p l e m e n t s (s u c h as mo r t a r s an d pe s t l e s ) . Vi c ) . Mi t i g a t i o n Me a s u r e CU L T - 2 : Pr o t e c t Hu m a n Re m a i n s Id e n t i f i e d Du r l n g Co n s t r u c t i o n : Th e Pr o j e c t pr o p o n e n t sh a l l tr e a t an y hu m a n re m a i n s an d as s o c i a t e d or un a s s o c i a t e d fu n e r a r y ob j e c t s di s c o v e r e d du r i n g so i l - d i s t u r b i n g ac t i v i t i e s ac c o r d i n g to ap p l i c a b l e St a t e la w s . Su c h tr e a t m e n t in c l u d e s wo r k st o p p a g e an d im m e d i a t e no t i f i c a t i o n of th e Ma r i n Co u n t y Co r o n e r an d qu a l i f i e d ar c h a e o l o g i s t , an d in th e ev e n t th a t th e Co r o n e r ' s de t e r m i n a t i o n th a t th e hu m a n re m a i n s ar e Na t i v e Am e r i c a n , no t i f i c a t i o n of NA H C ac c o r d i n g to th e re q u i r e m e n t s in PR C Se c t i o n 50 9 7 . 9 8 . NA H C wo u l d ap p o i n t a Mo s t Li k e l y De s c e n d a n t (“ M L D ” ) . A qu a l i f i e d ar c h a e o l o g i s t , Pr o j e c t pr o p o n e n t , Co u n t y of Ma r i n , an d ML D sh a l l ma k e al l Im p l e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i ty NA H C re q u i r e m e n t s an d _ Di v i s i o n ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Pl a n n i n g Re q u i r e as a co n d i t i o n of Di v i s i o n ap p r o v a l Pr o j e c t sp o n s o r de s i g n a t e s qu a l i f i e d pr o f e s s i o n a l pu r s u a n t to NA H C re q u i r e m e n t s an d ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Pl a n n i n g ¡B u i l d i n g Di v i s i o n No n - Co m p l i a n c e Sa n c t i o n / A c t i v i ty Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e im m e d i a t e l y up o n di s c o v e r y of un k n o w n re s o u r c e s pe r m i t Pl a n n i n g / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e pr o f e s s i o n a l s / a p p r o va l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t in c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Pr o j e c t sp o n s o r to ha l t wo r k im m e d i a t e l y up o n di s c o v e r y of un k n o w n re s o u r c e s De n y is s u a n c e of bu i l d i n g pe r m i t Pl a n n i n g / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e pr o f e s s i o n a l s / a p p r o va l s ob t a i n e d pr i o r Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 7 Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e re a s o n a b l e ef f o r t s to de v e l o p an ag r e e m e n t fo r th e tr e a t m e n t , wi t h ap p r o p r i a t e di g n i t y , of an y hu m a n re m a i n s an d as s o c i a t e d or un a s s o c i a t e d fu n e r a r y ob j e c t s (C E Q A Gu i d e l i n e s Se c t i o n 15 0 6 4 . 5 [ d ] ) . Th e ag r e e m e n t wo u l d ta k e in t o co n s i d e r a t i o n th e ap p r o p r i a t e ex c a v a t i o n , re m o v a l , re c o r d a t i o n , an a l y s i s , cu s t o d i a n s h i p , an d fi n a l di s p o s i t i o n of th e hu m a n re m a i n s an d as s o c i a t e d or un a s s o c i a t e d fu n e r a r y ob j e c t s . Th e PR C al l o w s 48 ho u r s to re a c h ag r e e m e n t on th e s e ma t t e r s . Vi l . GE O L O G Y AN D SO I L S Vi l ( a ) ( 1 I ) . Mi t i g a t i o n Me a s u r e GE O -1 : Pr i o r to a gr a d i n g or bu i l d i n g pe r m i t su b m i t t a l , th e pr o j e c t sp o n s o r sh a l l pr e p a r e a de s i g n - l e v e l ge o t e c h n i c a l in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r . Mi n i m u m mi t i g a t i o n in c l u d e s de s i g n of ne w st r u c t u r e s : in ac c o r d a n c e wi t h th e pr o v i s i o n s of th e cu r r e n t Ca l i f o r n i a Bu i l d i n g Co d e or su b s e q u e n t co d e s in ef f e c t wh e n fi n a l de s i g n oc c u r s . Re c o m m e n d e d se i s m i c de s i g n co e f f i c i e n t s an d sp e c t r a l ac c e l e r a t i o n s sh a l l be co n s i s t e n t wi t h th e fi n d i n g s pr e s e n t e d in Se c t i o n 4 of th e Ma y 8, 20 1 8 EN G E O re p o r t . Vi l ( a ) ( l i i ) . Mi t i g a t i o n Me a s u r e GE O - 2 : Pr i o r to a gr a d i n g or bu i l d i n g pe r m i t su b m i t t a l , th e pr o j e c t Im p l e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i ty Re q u i r e as a co n d i t i o n of ap p r o v a l Pl a n n i n g Di v i s i o n Pr o j e c t sp o n s o r pr e p a r e a Pu b l i c Wo r k s de s i g n - l e v e l ge o t e c h n i c a l Di v i s i o n in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r : Re q u i r e as a co n d i t i o n of ap p r o v a l Pl a n n i n g Di v i s i o n Fi l e #: Ti t l e : Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e de s i g n - l e v e l re p o r t pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l No n - Mo n i t o r i n g Co m p l i a n c e Co m p l i a n c e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t ZC 1 9 - 0 0 2 / E D 18 - 1 0 0 / T S 1 8 - 0 0 6 / E X 19 - 0 1 2 / U P 1 8 - 0 3 9 / Re s o l u t i o n Re c o m m e n d i n i it i Ne g a t i v e De c l a r a t i o n do p t i o n of Mi t i g a t e d At t a c h m e n t 1. A- 8 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e sp o n s o r sh a l l pr e p a r e a de s i g n - l e v e l ge o t e c h n i c a l in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r fo r re v i e w an d ap p r o v a l . in or d e r to re d u c e th e ef f e c t s of th e po t e n t i a l l y ex p a n s i v e so i l s an d / o r li q u e f a c t i o n se t t l e m e n t , fo u n d a t i o n s sh o u l d be de s i g n e d to wi t h s t a n d mi n i m u m _ di f f e r e n t i a l mo v e m e n t s . Fo u n d a t i o n de s i g n re c o m m e n d a t i o n s ar e pr e s e n t e d in Se c t i o n 4 of th e Ma y 8, 20 1 8 EN G E O re p o r t . VI I ( b ) . Mi t i g a t i o n Me a s u r e GE O - 3 : Pr i o r to a gr a d i n g or bu i l d i n g pe r m i t su b m i t t a l , th e pr o j e c t sp o n s o r sh a l l pr e p a r e a si t e dr a i n a g e sy s t e m pr e p a r e d by a qu a l i f i e d an d li c e n s e d ci v i l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r . Th e si t e dr a i n a g e sy s t e m wi l l de m o n s t r a t e th e ab i l i t y to co l l e c t su r f a c e wa t e r an d di s c h a r g e in t o an es t a b l i s h e d st o r m dr a i n a g e sy s t e m . Th e pr o j e c t Ci v i l En g i n e e r of Ar c h i t e c t is re s p o n s i b l e fo r de s i g n i n g th e si t e dr a i n a g e sy s t e m an d , an er o s i o n co n t r o ! pl a n sh a l l be de v e l o p e d pr i o r to co n s t r u c t i o n pe r th e cu r r e n t gu i d e l i n e s of th e Ci t y of Sa n Ra f a e l Pu b l i c Wo r k s De p a r t m e n t (D P W ) Gr a d i n g an d Co n s t r u c t i o n Er o s i o n an d Se d i m e n t Co n t r o l Pl a n Pe r m i t Ap p l i c a t i o n Pa c k a g e an d th e Re g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d st a n d a r d s . Vi l ( c ) . Im p l e m e n t a t i o n of GE O - 1 & GE O - 2 im p l e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i ty Pr o j e c t sp o n s o r pr e p a r e a Pu b l i c Wo r k s de s i g n - l e v e l ge o t e c h n i c a l Di v i s i o n in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r Re q u i r e as a co n d i t i o n of ap p r o v a l Pl a n n i n g Di v i s i o n Pr o j e c t sp o n s o r pr e p a r e a de s i g n - l e v e l dr a i n a g e sy s t e m de s i g n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ci v i l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r Pu b l i c Wo r k s Di v i s i o n Se e MM GE O - 1 an d Fi l e #: Ti t l e : Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e Pu b l i c Wo k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e de s i g n - l e v e l re p o r t pr i o r to is s u a n c e of bu i l d i n g pe r m i t in c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e de s i g n - l e v e l re p o r t pr i o r to is s u a n c e of bu i l d i n g pe r m i t No n - Mo n i t o r i n g Co m p l i a n c e Co m p l i a n c e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t es o l u t i o n ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 19 - 0 1 2 / U P 1 8 - 0 3 9 / i co m m e n d i n g Ad o p t i it i Ne g a t i v e De c l a r a t i o n of Mi t i g a t e d At t a c h m e n t 1 A- 9 At t a c h m e n t 人 "M I T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M - 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Vi i ( d ) . Mi t i g a t i o n Me a s u r e GE O - 4 : So i l s sh a l l be mo i s t u r e co n d i t i o n e d to ab o v e th e op t i m u m mo i s t u r e co n t e n t du r i n g si t e gr a d i n g an d ma i n t a i n e d at th i s mo i s t u r e co n t e n t un t i l im p o r t e d ag g r e g a t e ba s e an d / o r su r f a c e fl a t w o r k is co m p l e t e d . Vi i ( f ) . Mi t i g a t i o n Me a s u r e GE O - 5 : Sh o u l d pa l e o n t o l o g i c a l re s o u r c e s be en c o u n t e r e d du r i n g pr o j e c t su b s u r f a c e co n s t r u c t i o n ac t i v i t i e s lo c a t e d in pr e v i o u s l y un d i s t u r b e d so i l an d be d r o c k , al l gr o u n d - di s t u r b i n g ac t i v i t i e s wi t h i n 25 fe e t sh a l l be ha l t e d an d a qu a l i f i e d pa l e o n t o l o g i s t co n t a c t e d to as s e s s th e si t u a t i o n , co n s u l t wi t h ag e n c i e s as ap p r o p r i a t e , an d ma k e re c o m m e n d a t i o n s fo r th e tr e a t m e n t of th e di s c o v e r y . Fo r pu r p o s e s of th i s mi t i g a t i o n , a “q u a l i f i e d pa l e o n t o l o g i s t ” sh a l l be an in d i v i d u a l wi t h th e fo l l o w i n g qu a l i f i c a t i o n s : 1) a gr a d u a t e de g r e e in pa l e o n t o l o g y or ge o l o g y an d / o r a pe r s o n wi t h a de m o n s t r a t e d pu b l i c a t i o n re c o r d in pe e r - r e v i e w e d pa l e o n t o l o g i c a l jo u r n a l s ; 2) at le a s t tw o ye a r s of pr o f e s s i o n a l ex p e r i e n c e re l a t e d to pa l e o n t o l o g y ; 3) pr o f i c i e n c y in re c o g n i z i n g fo s s i l s in th e fi e l d an d de t e r m i n i n g th e i r si g n i f i c a n c e ; 4) ex p e r t i s e in lo c a l ge o l o g y , st r a t i g r a p h y , im p l e m e n t a t i o n Pr o c e d u r e GE O - 2 ab o v e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r sh a l l de s i g n a t e qu a l i f i e d pa l e o n t o l o g i s t , co n s u l t wi t h ag e n c i e s as ap p r o p r i a t e pr i o r to is s u a n c e of bu l l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l l ty Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Sh o u l d pa l e o n t o l o g i c a l re s o u r c e s be en c o u n t e r e d du r i n g pr o j e c t su b s u r f a c e co n s t r u c t i o n ac t i v i t i e s lo c a t e d in pr e v i o u s l y un d i s t u r b e d so i l an d be d r o c k , al l gr o u n d - di s t u r b i n g ac t i v i t i e s No n - Mo n i t o r i n g Co m p l i a n c e Co m p l i a n c e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t Ha l t bu i l d i n g pe r m i t wi t h i n 25 fe e t sh a i l be ha l t e d . Pl a n n i n g / Bu i l d i n g Di v i s i o n co n t a c t e d an d ap p r o p r i a t e ag e n c i e s Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 1 0 At t a c h m e n t A Mi m G A TI O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 We r y c a l e Ro a d Mi t i g a t i o n Me a s u r e an d bi o s t r a t i g r a p h y ; an d 5) ex p e r i e n c e co l l e c t i n g ve r t e b r a t e fo s s i l s in th e fi e l d . If th e pa l e o n t o l o g i c a l re s o u r c e s ar e fo u n d to be si g n i f i c a n t an d pr o j e c t ac t i v i t i e s ca n n o t av o i d th e m , me a s u r e s sh a l l be im p l e m e n t e d to en s u r e th a t th e pr o j e c t do e s no t ca u s e a su b s t a n t i a l ad v e r s e ch a n g e in th e si g n i f i c a n c e of th e pa l e o n t o l o g i c a l re s o u r c e . Me a s u r e s ma y in c l u d e mo n i t o r i n g , re c o r d i n g th e fo s s i l lo c a l i t y , da t a re c o v e r y an d an a l y s i s , a fi n a l re p o r t , an d ac c e s s i o n i n g th e fo s s i l ma t e r i a l an d te c h n i c a l re p o r t to a pa l e o n t o l o g i c a l re p o s i t o r y . Up o n co m p l e t i o n of th e as s e s s m e n t , a re p o r t do c u m e n t i n g me t h o d s , fi n d i n g s , an d re c o m m e n d a t i o n s sh a l l be pr e p a r e d an d su b m i t t e d to th e Ci t y fo r re v i e w . If pa l e o n t o l o g i c a l ma t e r i a l s ar e re c o v e r e d , th i s re p o r t al s o sh a l l be su b m i t t e d to a pa l e o n t o l o g i c a l re p o s i t o r y su c h as th e Un i v e r s i t y of Ca l i f o r n i a Mu s e u m of Pa l e o n t o l o g y , al o n g wi t h si g n i f i c a n t pa l e o n t o l o g i c a l ma t e r i a l s . Pu b l i c ed u c a t i o n a l ou t r e a c h ma y al s o be ap p r o p r i a t e . Th e pr o j e c t ap p l i c a n t s sh a l l in f o r m it s co n t r a c t o r ( s ) of th e se n s i t i v i t y of th e pr o j e c t si t e fo r pa l e o n t o l o g i c a l re s o u r c e s an d sh a l l ve r i f y th a t th e fo l l o w i n g di r e c t i v e ha s be e n in c l u d e d in th e ap p r o p r i a t e co n t r a c t sp e c i f i c a t i o n do c u m e n t s : “T h e su b s u r f a c e of th e co n s t r u c t i o n si t e ma y im p l e m e n t a t i o n Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l l Mo n i t o r i n g / Re p o r t i n g No n - Mo n i t o r i n g Co m p i l a n c e Co m p l i a n c e ty Ac t i o n & Sc h e d u l e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) al e r t e d to di s c o v e r i e s eg a t i v e 1 hm e n t 1. ti nm A- 1 1 At t a c h m e n t 人 MI T I G A TI O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 . Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b l l i Re p o r t i n g Co m p l i a n c e Co m p l i a n c e ty Ac t i o n € Sc h e d u l e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) co n t a i n fo s s i l s . If fo s s i l s ar e en c o u n t e r e d du r i n g pr o j e c t su b s u r f a c e co n s t r u c t i o n , al l gr o u n d - di s t u r b i n g ac t i v i t i e s wi t h i n 25 fe e t sh a l l be ha l t e d an d a qu a l i f i e d pa l e o n t o l o g i s t co n t a c t e d to as s e s s th e si t u a t i o n , co n s u l t wi t h ag e n c i e s as ap p r o p r i a t e , an d ma k e re c o m m e n d a t i o n s fo r th e tr e a t m e n t of th e di s c o v e r y . Pr o j e c t pe r s o n n e l sh a l l no t co l l e c t or mo v e an y pa l e o n t o l o g i c a l ma t e r i a l s . Fo s s i l s ca n in c l u d e pl a n t s an d an i m a l s , an d su c h tr a c e fo s s i l ev i d e n c e of pa s t li f e as tr a c k s or pl a n t im p r i n t s . . Ma r i n e se d i m e n t s ma y co n t a i n in v e r t e b r a t e fo s s i l s su c h as sn a i l s , cl a m an d oy s t e r sh e l l s , sp o n g e s , an d pr o t o z o a ; an d ve r t e b r a t e fo s s i l s su c h as fi s h , wh a l e , an d se a li o n bo n e s . Ve r t e b r a t e la n d ma m m a l s ma y in c l u d e bo n e s of ma m m o t h , ca m e l , sa b e r to o t h ca t , ho r s e , an d bi s o n . Co n t r a c t o r ac k n o w l e d g e s an d un d e r s t a n d s th a t ex c a v a t i o n or re m o v a l of pa l e o n t o l o g i c a l ma t e r i a l is pr o h i b i t e d by la w an d co n s t i t u t e s a mi s d e m e a n o r un d e r Ca l i f o r n i a Pu b l i c Re s o u r c e s Co d e , Se c t i o n 50 9 7 . 5 . ” iX ( a ) . Mi t i g a t i o n Me a s u r e HA Z - 1 : Pr i o r to su b m i t t a l Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as _ De n y pr o j e c t fo r a de m o l i t i o n pe r m i t , th e pr o j e c t sp o n s o r sh a l l us e a @P P r o v a l Di v i s i o n co n d i t i o n of pr o j e c t qu a l i f i e d an d li c e n s e d pr o f e s s i o n a l to pr e p a r e a PP ha z a r d o u s bu i l d i n g ma t e r i a l s su r v e y fo r al l st r u c t u r e s Pr o j e c t sp o n s o r ob t a i n s Bu i l d i n g Bu i l d i n g Di v i s i o n De n y is s u a n c e Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e la r a t i o n At t a c h m e n t 1. A- 1 2 At t a c h m e n t A MI T I G A TI O N MO N I TO R I N G AN D D RE P O R T I N G PR O G R A M 35 0 We r y o a e Re a d Mi t i g a t i o n Me a s u r e pr o p o s e d fo r de m o l i t i o n or re n o v a t i o n as pa r t of th e pr o j e c t . Al l le a d - b a s e d pa i n t an d as b e s t o s - c o n t a i n i n g ma t e r i a l s (A C M ) sh a l l be ab a t e d by a ce r t i f i e d co n t r a c t o r in ac c o r d a n c e wi t h lo c a l , st a t e , an d fe d e r a l re q u i r e m e n t s . Al l ha z a r d o u s ma t e r i a l s sh a l l be re m o v e d fr o m bu i l d i n g s pr i o r to de m o l i t i o n in ac c o r d a n c e wi t h Ca l i f o r n i a Di v i s i o n of Oc c u p a t i o n a l Sa f e t y an d He a l t h (D O S H ) an d Ca l i f o r n i a De p a r t m e n t of To x i c Su b s t a n c e s Co n t r o l (D T S C ) re g u l a t i o n s . A co m p l e t i o n of ab a t e m e n t ac t i v i t i e s re p o r t sh a l l be pr e p a r e d by a qu a l i f i e d pr o f e s s i o n a l an d su b m i t t e d to th e Ci t y pr i o r to pe r m i t ap p r o v a l . IX ( b ) . Mi t i g a t i o n Me a s u r e HA Z - 2 : Pr i o r to su b m i t t a l fo r a de m o l i t i o n pe r m i t , th e pr o j e c t sp o n s o r sh a l l us e a qu a l i f i e d an d li c e n s e d pr o f e s s i o n a l to pr e p a r e a So i l Ma n a g e m e n t Pl a n to de v e l o p pr o t o c o l s an d pr o c e d u r e s fo r ha n d l i n g po t e n t i a l l y im p a c t e d so i l s or un d e r g r o u n d st r u c t u r e f e q u i p m e n t th a t ma y be en c o u n t e r e d du r i n g gr a d i n g op e r a t i o n s an d ot h e r co n s t r u c t i o n ac t i v i t i e s as pa r t of th e pr o j e c t . If im p a c t e d so i l s or un d e r g r o u n d st r u c t u r e / e q u i p m e n t ar e en c o u n t e r e d du r i n g co n s t r u c t i o n ac t i v i t i e s , al l co n s t r u c t i o n sh a l l st o p , an d a qu a l i f i e d an d li c e n s e d pr o f e s s i o n a l sh a l l be co n t a c t e d to co n d u c t a si t e vi s i t to ma k e ob s e r v a t i o n s an d pr e p a r e re c o m m e n d a t i o n s fo r pr o p e r ha n d l i n g of so i l s an d / o r st r u c t u r e s / e q u i p m e n t Im p l e m e n t a t i o n Pr o c e d u r e ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i i i ty . Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t Ne g a t i v e De c l a r a t i o n | At t a c h m e n t 1. A- 1 No n - Co m p l i a n c e Sa n c t i o n / A c t i v i ty of bu i l d i n g pe r m i t Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t At t a c h m e n t A _M I T I G A TI O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 . Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e X. HY D R O L O G Y AN D WA T E R QU A L I T Y X( a ) . Mi t i g a t i o n Me a s u r e HY D R O - 1 : Pr i o r to is s u i n g a gr a d i n g or bu i l d i n g pe r m i t , th e pr o j e c t ap p l i c a n t sh a l l pr e p a r e a St o r m w a t e r Po l l u t i o n Pr e v e n t i o n Pl a n (S W P P P ) an d / o r Er o s i o n an d Se d i m e n t Co n t r o l Pi a n (E S C P ) in ac c o r d a n c e wi t h th e re q u i r e m e n t s of th e st a t e w i d e Co n s t r u c t i o n Ge n e r a l Pe r m i t an d th e Ci t y of Sa n Ra f a e l De p a r t m e n t of Pu b l i c Wo r k s . Th e SW P P P sh a l l be pr e p a r e d by a Qu a l i f i e d SW P P P De v e l o p e r (Q S D ) . Th e SW P P P sh a l l in c l u d e th e mi n i m u m Be s t Ma n a g e m e n t Pr a c t i c e s (B M P s ) re q u i r e d fo r th e id e n t i f i e d ri s k le v e l . Th e SW P P P sh a l l be de s i g n e d to ad d r e s s th e fo l l o w i n g ob j e c t i v e s : 1) Al l po l l u t a n t s an d th e i r so u r c e s , in c l u d i n g so u r c e s of se d i m e n t as s o c i a t e d wi t h co n s t r u c t i o n , co n s t r u c t i o n si t e er o s i o n , an d al l ot h e r ac t i v i t i e s as s o c i a t e d wi t h co n s t r u c t i o n ac t i v i t y ar e co n t r o l l e d ; 2) Wh e r e no t ot h e r w i s e re q u i r e d to be un d e r a Re g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d pe r m i t , al l no n - s t o r m w a t e r di s c h a r g e s ar e id e n t i f i e d an d ei t h e r el i m i n a t e d , co n t r o l l e d , or tr e a t e d ; 3) Si t e BM P s ar e ef f e c t i v e an d re s u l t in th e re d u c t i o n or el i m i n a t i o n of po l l u t a n t s in st o r m w a t e r di s c h a r g e s an d _ au t h o r i z e d n o n - s t o r m w a t e r di s c h a r g e s fr o m co n s t r u c t i o n ac t i v i t y . Th e er o s i o n im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r su b m i t s SW P P / E S C P to Sa n Ra f a e l De p a r t m e n t of Pu b l i c Wo r k s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l l Mo n i t o r i n g / Re p o r t i n g ty Ac t l o n & Sc h e d u l e Pl a n n i n g Di v i s i o n Pu b l i c Wo r k s Di v i s i o n Fi l e A: Ti t l e : In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t No n - Co m p l i a n c e Sa n c t i o n / A c t i v l ty De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 19 - 0 1 2 / 0 P 1 8 - 0 3 9 / Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 1 4 At t a c h m e n t A MI T I G A TI O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e an d se d i m e n t co n t r o l pl a n sh a l l in c l u d e th e ra t i o n a l e us e d fo r se l e c t i n g BM P s in c l u d i n g su p p o r t i n g so i l lo s s ca i c u l a t i o n s , as ne c e s s a r y ; 4) St a b i l i z a t i o n BM P s in s t a l l e d to re d u t e or el i m i n a t e po l l u t a n t s af t e r co n s t r u c t i o n ar e co m p l e t e d . 5) BM P im p l e m e n t a t i o n sh a l l be co n s i s t e n t wi t h th e BM P re q u i r e m e n t s in th e mo s t re c e n t ve r s i o n of th e Ca l i f o r n i a St o r m w a t e r Qu a l i t y As s o c i a t i o n St o r m w a t e r Be s t Ma n a g e m e n t Ha n d b o o k - C o n s t r u c t i o n or th e Ca l t r a n s St o r m w a t e r Qu a l i t y Ha n d b o o k Co n s t r u c t i o n Si t e BM P s Ma n u a l . X( a ) . Mi t i g a t i o n Me a s u r e HY D R O - 2 : Pr i o r to a ce r t i f i c a t e of oc c u p a n c y , th e Pr o j e c t ap p l i c a n t sh a l l ve r i f y th a t op e r a t i o n a l st o r m w a t e r qu a l i t y co n t r o l me a s u r e s th a t co m p l y wi t h th e re q u i r e m e n t s of th e cu r r e n t Ph a s e 1 Sm a l l MS 4 Pe r m i t ha v e be e n im p l e m e n t e d . Re s p o n s i b i l i t i e s in c l u d e , bu t ar e no t li m i t e d to : 1) De s i g n i n g BM P s in t o Pr o j e c t fe a t u r e s an d op e r a t i o n s to re d u c e po t e n t i a l im p a c t s to su r f a c e wa t e r qu a l i t y an d to ma n a g e ch a n g e s in th e ti m i n g an d qu a n t i t y of ru n o f f as s o c i a t e d wi t h op e r a t i o n of th e pr o j e c t . Th e s e fe a t u r e s sh a l l be in c l u d e d in th e de s i g n - l e v e l dr a i n a g e pl a n an d fi n a l de v e l o p m e n t dr a w i n g s . Im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r su b m i t s Ph a s e il Sm a l l MS 4 Pe r m i t to Sa n Ra f a e l De p a r t m e n t of Pu b l i c Wo r k s pr i o r to is s u a n c e of ce r t i f i c a t e of oc c u p a n c y Mo n i t o r i n g Re s p o n s i b i l i Pl a n n i n g Di v i s i o n Pu b l i c Wo r k s Di v i s i o n Fi l e #: Ti t l e : Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e in c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of ce r t i f i c a t e of oc c u p a n c y No n - Mo n i t o r i n g Co m p l i a n c e Co m p l i a n c e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) De n y pr o j e c t De n y is s u a n c e of ce r t i f i c a t e of oc c u p a n c y ZC I 2- 0 0 2 / E D ] 8- 1 0 0 / T S1 8 - 0 0 6 / E X 19 - 0 1 2 / U P 18 - 0 3 9 / Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 1 5 At t a c h m e n t A _ MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M _ 35 0 Me r r y d a l e Ro a d 2) 3) 4) Mi t i g a t i o n Me a s u r e Th e pr o p o s e d pr o j e c t sh a i l in c o r p o r a t e si t e de s i g n me a s u r e s an d Lo w Im p a c t De v e l o p m e n t de s i g n st a n d a r d s , in c l u d i n g mi n i m i z i n g di s t u r b e d ar e a s an d im p e r v i o u s su r f a c e s , in f i l t r a t i o n , ha r v e s t i n g , ev a p o t r a n s p i r a t i o n , an d / o r b i o - t r e a t m e n t of st o r m w a t e r ru n o f f . Th e Pr o j e c t ap p l i c a n t sh a l l es t a b l i s h an Op e r a t i o n an d Ma i n t e n a n c e Pl a n . Th i s pl a n sh a l l sp e c i f y a re g u l a r in s p e c t i o n sc h e d u l e of st o r m w a t e r tr e a t m e n t fa c i l i t i e s in ac c o r d a n c e wi t h th e re q u i r e m e n t s of th e Ph a s e 1l Sm a l l MS 4 Pe r m i t . Fu n d i n g fo r lo n g - t e r m ma i n t e n a n c e of al l BM P s sh a i l be sp e c i f i e d . XI I . NO I S E Xl i l ( a ) . Mi t i g a t l o n Me a s u r e NO I S E - 1 : Im p l e m e n t a t i o n of th e fo l l o w i n g me a s u r e s wo u l d re d u c e co n s t r u c t i o n no i s e le v e l s em a n a t i n g fr o m th e si t e , li m i t co n s t r u c t i o n ho u r s , an d mi n i m i z e di s r u p t i o n an d an n o y a n c e . a. Co n s t r u c t i o n ac t i v i t i e s sh a l l be li m i t e d to th e ho u r s sp e c i f i e d in th e Ci t y of Sa n Ra f a e l ' s Mu n i c i p a l Co d e (7 am to 6 pm on we e k d a y s an d 9 am to 6 pm on Sa t u r d a y s ) . No co n s t r u c t i o n ac t i v i t i e s ar e pe r m i t t e d on Su n d a y s an d ho l i d a y s . b. L i m i t us e of th e co n c r e t e sa w to a di s t a n c e of 50 fe e t or gr e a t e r fr o m re s i d e n c e s , wh e r e fe a s i b l e . Im p l e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i ty Re q u i r e as a co n d i t i o n of ap p r o v a l Pl a n n i n g Di v i s i o n Bu i l d i n g Pr o j e c t sp o n s o r ob t a i n s Di v i s i o n ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Fi l e # Ti t l e : Ac t i o n & Sc h e d u l e No n - Co m p l i a n c e Sa n c t l o n / A c t i v i ty Mo n i t o r i n g / Re p o r t i n g ) in c o r p o r a t e as De n y pr o j e c t co n d i t i o n of pr o j e c t ap p r o v a l Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t De n y is s u a n c e of bu i l d i n g pe r m i t : ZC 1 9 - 0 0 2 / E D 18 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 1 Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e At t a c h m e n t A MI T I G A TI O N . MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 39 0 Me r r y d a l e : Ro a d Mi t i g a t i o n Me a s u r e Co n s t r u c t te m p o r a r y no i s e ba r r i e r s to sc r e e n st a t i o n a r y no i s e - g e n e r a t i n g eq u i p m e n t , su c h as th e co n c r e t e sa w , wh e n lo c a t e d ne a r ad j o i n i n g se n s i t i v e la n d us e s . Te m p o r a r y no i s e ba r r i e r s co u l d re d u c e co n s t r u c t i o n no i s e le v e l s by 5 dB A . c. E q u i p al l in t e r n a l co m b u s t i o n en g i n e - d r i v e n eq u i p m e n t wi t h in t a k e an d ex h a u s t mu f f l e r s th a t ar e in go o d co n d i t i o n an d ap p r o p r i a t e fo r th e eq u i p m e n t . d. U n n e c e s s a r y id l i n g or in t e r n a l co m b u s t i o n en g i n e s sh o u l d be st r i c t l y pr o h i b i t e d . e. L o c a t e st a t i o n a r y no i s e - g e n e r a t i n g eq u i p m e n t su c h as ai r co m p r e s s o r s or po r t a b l e po w e r ge n e r a t o r s as fa r as po s s i b l e fr o m se n s i t i v e re c e p t o r s . f. Ut i l i z e "q u i e t " ai r co m p r e s s o r s an d ot h e r st a t i o n a r y no i s e so u r c e s wh e r e te c h n o l o g y ex i s t s . g. C o n t r o l no i s e fr o m co n s t r u c t i o n wo r k e r s ' ra d i o s to a po i n t wh e r e th e y ar e no t au d i b l e at ex i s t i n g ‘r e s i d e n c e s bo r d e r i n g th e pr o j e c t si t e . h. N o t i f y al l ad j a c e n t bu s i n e s s , re s i d e n c e s , an d ot h e r no i s e - s e n s i t i v e la n d us e s of th e co n s t r u c t i o n sc h e d u l e , in wr i t i n g , an d pr o v i d e a wr i t t e n sc h e d u l e of "n o i s y " co n s t r u c t i o n ac t i v i t i e s to th e ad j a c e n t la n d us e s an d ne a r b y re s i d e n c e s . i. De s i g n a t e a “d i s t u r b a n c e co o r d i n a t o r ” wh o wo u l d be re s p o n s i b l e fo r re s p o n d i n g to an y co m p l a i n t s ab o u t co n s t r u c t i o n no i s e . Th e di s t u r b a n c e Im p l e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i ty Ac t i o n & Sc h e d u i e Fi l e #: Ti t l e : Mo n i t o r i n g / No n - Re p o r t i n g Co m p l i a n c e Co m p l i a n c e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) Mo n i t o r i n g ZC l 9- 0 0 2 / E D 1 8- ] 00 / T S ! 8- 00 6 / E X 1 9 - 0 1 2/ U P 1 8- 0 3 9 / At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e co o r d i n a t o r wi l l de t e r m i n e th e ca u s e of th e no i s e co m p l a i n t (e . g . , ba d mu f f l e r , et c . ) an d wi l l re q u i r e th a t re a s o n a b l e me a s u r e s be . im p l e m e n t e d to co r r e c t th e pr o b l e m . Co n s p i c u o u s l y po s t a te l e p h o n e nu m b e r fo r th e di s t u r b a n c e co o r d i n a t o r at th e co n s t r u c t i o n si t e an d in c l u d e in it th e no t i c e se n t to ne i g h b o r s re g a r d i n g th e co n s t r u c t i o n sc h e d u l e . XV I I . TR A N S P O R T A T I O N | XV i ( a ) . Mi t i g a t i o n Me a s u r e TR A N S - 1 : Th e pr o j e c t sp o n s o r sh a l l co n s t r u c t a pe d e s t r i a n si d e w a l k , su b j e c t to th e av a i l a b i l i t y of ri g h t - o f - w a y an d th e fe a s i b i l i t y of th e dr a i n a g e de s i g n , on th e we s t si d e of Re d w o o d Ro a d di r e c t l y ad j a c e n t to th e pr o j e c t dr i v e w a y co n n e c t i n g to th e ex i s t i n g si d e w a l k . XV i l l . TR I B A L CU L T U R A L RE S O U R C E S | im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i i l ty Pl a n n i n g Di v i s i o n Pu b l i c Wo r k s Di v i s i o n Fi l e #: Ti t l e : Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t No n - Co m p l i a n c e Sa n c t i o n / A c t i v i ty De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) ZC 1 9 - 00 2 / E D 1 8 - 10 0 / T 5 1 8 - 00 6 / E X 1 9 - 01 2 / U P 1 8 - 0 3 9 / Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1. A- 1 8 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i Re p o r t i n g Co m p l i a n c e Co m p l i a n c e ty Ac t i o n & Sc h e d u l e Sa n c t i o n / A c t i v i Re c o r d ty (N a m e / D a t e ) XV i l l ( a ) . Mi t i g a t i o n Me a s u r e TR I B A L - 1 : Re q u i r e as a co n d i t i o n of | Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t im p l e m e n t a t i o n of th e un a n t i c i p a t e d di s c o v e r y @P P r o v a l Di v i s i o n co n d i t i o n of pr o j e c t me a s u r e s ou t l i n e d in Se c t i o n V( b ) an d (d ) ab o v e , PP ad d r e s s th e po t e n t i a l di s c o v e r y of pr e v i o u s l y un k n o w n ， : Pr o i t ， Ha e ; > Pr o j e c t sp o n s o r Pl a n n i n g ro j e c t sp o n s o r to De n y is s u a n c e re s o u r c e s wi t h i n th e pr o j e c t ar e a . if si g n i f i c a n t tr i b a l de s i g n a t e s qu a l i f i e d /B u i l d i n g ha l t wo r k of bu i l d i n g cu l t u r a ! re s o u r c e s ar e id e n t i f i e d on s i t e , al l wo r k wo u l d : Di v i s i im m e d i a t e l y up o n ¡ : : pr o f e s s i o n a l pu r s u a n t to iv i s i o n : pe r m i t st o p im m e d i a t e l y wi t h i n 50 fe e t of th e re s o u r c e ( s ) an d NA H C re q u i r e m e n t s an d di s c o v e r y of th e pr o j e c t ap p l i c a n t wo u l d co m p l y wi t h al l re l e v a n t ob t a i n s 2 ro v a l s fr o m un k n o w n re s o u r c e s St a t e an d Ci t y po l i c i e s an d pr o c e d u r e s pr e s c r i b e d PP . ap p r o p r i a t e ag e n c i e s un d e r PR C Se c t i o n 21 0 7 4 . pr i o r to is s u a n c e of Pl a n n i n g / Bu i l d i n g bu i l d i n g pe r m i t s Di v i s i o n ve r i f i e s ap p r o p r i a t e pr o f e s s i o n a l s / a p p r o va l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t Ne g a t i v e De c l a r a t i o n At t a c h m e n t 1, A- 1 9 4905-1168-9087 v3 23. Resolution No. 14763 RESOLUTION NO. 14763 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-100), TENTATIVE SUBDIVISION MAP (TS18-006), MASTER USE PERMIT (UP18-039), AND SUBDIVISION EXCEPTION (EX19-012) TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE” MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on September 17, 1990, the San Rafael City Council adopted Ordinance No. 1594, which established a Planned Development (PD) allowing the land use regulations for use of the property as a day care for training up to 120 developmentally disabled adults consistent with conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August 14, 1990; and WHEREAS, the current Planned Development (PD1594) District zoning for this site does not allow residential development and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of Title 14 the San Rafael Municipal Code (Zoning Ordinance); and WHEREAS, on January 18, 2018, Planning staff completed Pre-Application review (PA17-007) and provided technical feedback on compliance with various codes and regulations based on a preliminary design of a proposal to construct nine (9) three-story buildings with a total of 44 residential townhome units and 92 parking spaces and nine (9) below-market rate (BMR) units (with five (5) units available to low-income households and four (4) units available to moderate-income households); and WHEREAS, on July 17, 2018, the Design Review Board (“DRB” or “Board”) provided Conceptual Design Review comments on the project, which proposed 44 “for sale” townhome units with building encroachments into the required 25-foot creek setback. The Board took public comments and provided recommendations for the project including: 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft; 4) providing crane pads for creek maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale frontage property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed ADU’s; 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); 10) adding bio-retention information to the landscape plan, and 11) providing information on the required trash enclosure; and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties Inc, submitted a formal application for Environmental and Design Review Permit (ED18-100), Master Use Permit (UP18-039) Tentative Subdivision Map (TS18- 006), and Subdivision Exception (EX19-012), and these applications and are being processed concurrent with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, concurrently submitted an application for PD Rezoning (ZC19- 002) requesting to establish the required development standards for the proposed redevelopment of the site to allow the construction of 45 residential “for sale” condominium units, parking, landscaping and creekside enhancements; and Attachment 3-1 WHEREAS, consistent with the requirement of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared finding that the proposed new 45-unit townhome development would not result in significant environmental effects, in that revisions to the project have been made and mitigation measures are required to mitigate any potential adverse impacts to less-than-significant levels. Mitigation Measures were identified to reduce the level of significance to less than significant in the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more informal presentation and discussion with surrounding neighbors; and WHEREAS, the applicant revised the project in response to the Board’s comments, as well as to public comments during the DRB conceptual design review and neighborhood meetings, including 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft. 4) providing crane pads for creek maintenance. 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed ADU’s; 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); and 10) adding bio-retention information to the landscape plan. The side yard setback along the south property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking was eliminated in order to re-design and eliminate the proposed building encroachment into the required 25° creek setback; and WHEREAS, on August 6, 2019, the DRB conducted a duly noticed public meeting and reviewed the formal application and plans submitted for the project. The Board found that the changes had adequately addressed their prior comments during conceptual review and in conclusion, the Board voted to recommend approval of the project design, with some minor changes. The motion was made by Member Saude and second by Member Rege. Motion to recommend approval passed 3-0-2, with Members Paul, Rege and Saude voting “aye” and Members Kent and Summers absent. The recommended modifications included: e Community/Recreation Room and adjacent Paseo promenade needs to provide a more integrated indoor/outdoor common amenity for the residents. e Visual impacts of A/C units need to be mitigated better along public areas (Paseo and creek trail) and Merrydale frontage. The applicant is encouraged to explore greater landscape screening and/or relocating and grouping the A/C units to the interior ends of the buildings. e The project needs to incorporate greater sustainability into the design, including, but not limited to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar systems. WHEREAS, the applicant incorporated all recommended changes in the revised plan submitted to the Planning Commission; and WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of the scheduled December 10, 2019 Planning Commission hearing, through the following means: 1) Attachment 3-2 publishing a legal ad in the Marin Independent Journal on November 9, 2019 pursuant to CEQA Guidelines Section 15072; 2) subject site was posted with a public notice regarding the Mitigated Negative Declaration and project applications; and 3) notices were mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups; and WHEREAS, on December 10, 2019, the San Rafael Planning Commission (Planning Commission) held a duly noticed a hearing to consider the PD rezoning (ZC 19-002), Environmental and Design Review Permit (ED18-100), Tentative Map Subdivision (TS18-006), Use Permit (UP18- 039), and Subdivision Exception (EX19-012) applications, accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, on December 10, 2019, following a public hearing and deliberation on the project, the Planning Commission voted 6-0-1 (Commissioner Samudzi absent) to adopt Planning Commission Resolution No. 19-12 to recommend approval of the Environmental and Design Review Permit (ED18- 100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039), and Subdivision Exception (EX19-012) applications project to the City Council, subject to an additional condition of approval accepting the applicant's offer to 1) install pre-wiring in all garages for Level 2 electric vehicle chargers and 2) add pre-wiring for solar panels on roofs of all buildings; and WHEREAS, on December 10, 2019, by adoption of a separate resalution, the Planning Commission recommended adoption of a PD Rezoning (ZC19-002) approval to rescind the current PD zoning and establish a new PD to allow for the multi-family development as presented in the proposed development plans, with appropriate development regulations and land use limitations for the residential use; and WHEREAS, on February 3, 2020, by adoption of a separate resolution, the City Council adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on February 3, 2020, the San Rafael City Council held a duly noticed public hearing to consider the PD Rezoning (ZC19-002), Environmental and Design Review Permit (ED18- 100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039), and Subdivision Exception (EX19-012) and accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does hereby make the following findirigs related to the applications for Environmental and Design Review Permit (ED18-100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039), and Subdivision Exception (EX19-012): Environmental and Design Review Permit Findings (ED18-100) In accordance with San Rafael Municipal Code (SRMC) Section 14.25.090. Findings, the following findings are required for approval of an Environmental and Design Review Permit: 1. The Project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the zoning district in which the site is located as noted above. A detailed discussion Attachment 3-3 of the Project’s consistency with the applicable General Plan policies is provided in detail in matrix format in the General Plan Consistency Analysis (Exhibit 5) included in the December 10, 2019 staff report to the Planning Commission. a) b) The proposed project as designed and conditioned would be would be consistent with Land Use Element Policies LU-2 (Development Timing), LU-8 (Density of Residential Development), LU- 10 (Planned Development Zoning), LU-12 (Building Heights), LU-14 (Land Use Compatibility), LU-23 (Land Use Map and Categories) given that the project: 1) would be approved at a time when there is adequate infrastructure to serve the proposed development; 2) the proposed 45- units would not exceed the maximum density allowed in the GC Land Use category (34-72 units); 3) would not exceed the maximum building height of 36 feet allowed for this area of San Rafael; and 4) has been designed to minimize potential visual impacts on the surrounding residnetial properties by limiting bulk, mass and height. The proposed project as designed and conditioned would be consistent with Housing Element Policies H-2 (Designs that Fit Into Neighborhoods), H-3 (Public Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit), and H-19 (inclusionary Housing), in that: 1) residential development is allowed on the site per the General Commercial General Plan Land Use deisgnation; 2) the project design has been subject to review by the public and has been recommended for approval by the Design Review Board; 3) the project would add 45-units of housing within walking diatnce of mass transit, incluing the Civic Cemter SMART Train station (% mile from the project site of the SMART Train); and 4) the project would include nine (9) below-market-rate (BMR) units (five (5) affordable at the low-income level and four (4) at moderate-icome level). The project is partially consistent with the applicable Neighborhoods Element Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing Mix), NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design Considerations for Development in the Vicinity of the Civic Center), NH-128 (Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale Rd.) in that: 1) the proposed new 45-unit development has been designed to be a transitional use between existing commercial development and residential development on Merrydale Rd. The building design minimizes impacts to surrounding residential properties by providing code compliant front and side setbacks and preserving some existing trees at the preimeter of the project site and proposing 28 new trees on site; 2) 94 parking spaces are provided on the site in compliance with the required parking requirement for 45-units, and 4 new on-street parking spaces would be created along the east side of Merrydale Rd.; 3) Redwood Highway would be extending and provide secondary access through the project site, allowing pedestrian access to the proposed new “creek promenade’ on the north side of the site as well as vehicular access to Merrydale Road. The project as proposed and as conditioned would be consistent with Community Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods), CD-5 (Views), CD-11 (Multifamily Design Guidelines), CD-14 (Recreational Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), and CD-19 (Lighting) in that the project design: 1) preserves, to the greatest extent possible, views the Civic Center from the adjacent one-story residential neighborhood. The building heignt is 33.5’ (less than the 36’ height limit allowed); 2) is generally in keeping with the mass and scale of adjacent commercial and residential development on the east side of Merrydale Road and would introduce a higher quality architectural design than currently present on the site; 3) provides landscaping to screen and enhance the project and site; 4) provides new “creek promenade” with landscaping and recreational amenities along Las Gallinas Creek to the north of the development; 5) creates adequate lighting without spillover onto adjacent properties or natural areas; and 6) has been reviewed by the Design Review Board and found to be consistent the applicable design policies of the General Plan, the City’s Residential Design Guidelines and Civic Center Station Plan. Attachment 3-4 d) The project as proposed and as conditioned would be consistent with Circulation Policies C-5 g) (Traffic Level of Service Standards), C-7 (Circulation Improvements Funding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential Area Parking) in that the project: 1) would not exceed the acceptable level of service standards (LOS), LOS E, for both intersections or arterials; 2) would be required to pay its fair share towards traffic impacts to fund circulation impacts in order to maintain acceptable LOS standards for the General Plan; 3) would maintain adequate access for emergency services as determined by the City’s Public Safety Departments; and 4) would create a new Class lll Bike Lane along Merrydale Road and install a new sidewalk along the east side of Merrydale, thereby facilitating better pedestrian access along Merrydlae Road as well as pedestrain access to the new crrek promenade area, The project as proposed and as conditioned would be consistent with Infrastructure Element Policies 1-2 (Adequacy of City Infrastructure and Services), and |-10 (Sewer Facilities) in that: 1) the appropriate utility agencies have reviewed the project and determined that the property is currently being served. However, 1) Marin Municipal Water District (MMWD) has determined that the property's current annual water entitlement may be insufficient for the new uses and the purchase of additional water entitlement may be required, as well as compliance with all indoor and outdoor requirements of District Code Title 13 for water conservation.; and 2) the Las Gallinas Valley Sanitation District (LGVSD) would continue to provide service to the project site, although the 45 proposed residential townhome units would result in an increase in intensity of development over existing uses. The LGVSD has reviewed the project, provided comments and will require that the development project submit an Application for Allocation of Capacity and pay additional capacity fees prior to submittal of a building permit. The project design incorporates sanitary sewer infrastructure that connects all residences to the current LGVSD sanitary system, including two possible infrastructure improvements, 1) a gravity system and flow diversion with an updated LGVSD pump station, or 2) a lift-station (with control cabinet) located in the southeastern corner of the project site for pumping sanitary sewer to the main LGVSD pump station (which would also be updated). Either design solution would satisfy LGVSD requirements for sanitary sewer service. The project as proposed and as conditioned would would be consistent with the Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources), SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Trees), and SU-10 (Zero Waste) in that given that: 1) the revised project plans include a provision that all townhome units and stacked flats (to the extent practicable) will be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage units will be provided with 220-volt power points suitable for EV charging; 3) the project will comply with the most recently adopted CBC (California Building Code) CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the Marin Municipal Water District's most recently adopted water conservation and gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees will be preserved on site; and 6) the project is proposing a covered and screened trash enclosure, the design and location of which has been reviewed and approved by Marin Sanitary Service (MSS). The project as proposed and as conditioned would would be consistent with the Culture and Arts Element Policy CA-15 (Protection of Archaeological Resources) in that: 1) The existing buildings were constructed in 1967 or 1968 as a school facility but does not meet the criteria for a “historic resource” as defined in CEQA Guidelines Section 15064.5. The existing structures and site have been modified over the years and do not appear to have any historical significance; and 2) the site for original construction of existing buildings would have disrupted any archaeological deposits if they were present. Indications of the disturbance would likely still be apparent when examining remnant soils. Based on the results of the cultural resources investigation conducted for the proposed project, no prehistoric or historic-period archaeological resources were identified within the project area. However, mitigation measures have been Attachment 3-5 h) J) k) included in the IS/MND MMRP (CULT-1 and CULT-2) to protect any resources found during construction activities. The project as proposed and as conditioned would be consistent with Park and Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project will provide a 500 square foot “community room” for the residents which will include a kitchen area and bathroom. The community room will also have sliding glass doors that open onto an approximately 500 square foot patio area, with planters seating, and a BBQ area. The project as proposed and as conditioned would be consistent with Safety Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality Control Board (RWQCB) Requirements), and S- 32 (Safety Review of Development Projects) in that: 1) the project has been reviewed using the hazard maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review concluded that the development on this site, with conditions, is feasible and appropriate from a geotechnical engineering standpoint; 3) the project would not include any hazardous materials or uses in it operations; 4) the development would be built to conform to current building and seismic safety codes; and 5) the structure would be built in accordance with the Federal Emergency Management Agency (FEMA) regulations for this type of structure and use in a 500-year flood zone; 6) an erosion control plan would be required during contsruction of the project; 7) the drainage plan would direct all new run-off from the site into vegetative bio- retention areas before being released into the storm drain system; and 8) the project has been reviewed by the Police and Fire Department and found to be in conformance with their fire and crime prevention standards and would not pose a risk to public safety safety or impact their levels of service. The project as proposed and as conditioned would be consistent with Noise Element Policies N- 1 (Noise Impacts on New Development), N-2 (Exterior Noise Levels for Residential Use), N-3 (Planning and Design of New Development), N-4 (Noise from New Nonresidential Development), and N-5 (Traffic Noise from New Development in that the project: 1) Based on information in the Acoustical Report by Illingworth and Rodkin, the IS/MND analysis indicated that Building 2 through Building 7 would exceed the 45 dBA Ldn threshold with windows partially open. With standard construction and forced-air ventilation, allowing occupants the option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades of buildings 3, 4, 5, and 6, facing US- 101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be partially shielded by the buildings to the east and would be exposed to 67 dBA Ldn. The west facade of Buildings | and 9 would be exposed to traffic noise from Merrydale Road up to 58 dBA Ldn. These levels are in the “Clearly Unacceptable” range in Exhibit 31 of the General Plan 2020. Therefore, the Acoutical Report recommended incorporation of conditions of approval including providing suitable form or forced-air mechanical ventilation, and sound rated construction for Building 3 through Building 7 to maintain interior noise levels at acceptable levels; and 2) conditions and mitigations have been incorporated to reduce any temporary noise impacts due to construction (Initial Study Mitigation NOISE-1). 3) the Acoustical Report determined that the primary noise sources at the site would continue to be vehicular traffic on US-Hwy 101 and Merrydale Rd. US Hwy-101 is elevated by about 10 feet above the site. Based on traffic volumes provided in the Traffic Impact Assessment Report prepared for the proposed project, traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future conditions (2040) due to increases in traffic volumes on Merrydale Road. An increase in 1 dBA would be barely detectable to typical human hearing and is not considered a significant increase.. The project as proposed and as conditioned would be consistent with Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7 (Public Access to Creeks), CON-8 Attachment 3-6 (Enhancement of Creeks and Drainageways), CON-9 (Native and/or Sensitive Habitats), CON- 14 (Special Status Species), and CON-16 (Landscape with Native Plant Species) in that the proposed project: 1) would maintain setbacks from the creek and provide creek enhancements with added landscaping and pedestrian access point; 2) would not impact a wildlife corridor since the site is currently developed and biological assessments have found no such corridors; 3) would not impact any sensitive or threatened/endangered species or habitats; 4) has been conditioned to ensure that disturbance to any potential nesting birds be avoided during construction; and 5) would provide new trees and shrubs throughout the site, as well as bio- retention areas to facilitate proper site drainage. The project as proposed and as conditioned would be consistent with Air and Water Quality Element Policies: AW-1 (State and Federal Standards), AW-2 (Land Use Compatibility), AW-4 (Particulate Matter Pollution Reduction), AW-7 (Local, State and Federal Standards), and AW-8 (Reduce Pollution from Urban Runoff) since the project: 1) would comply with local, state and federal air quality standards; 2) mitigation measures have been incorporated to address temporary air quality impacts during construction; 3) drainage systems have been designed to utilize vegetated swales before discharging drainage into storm drain systems or the creek; and 4) methods consistent with the Storm Water Pollution Prevention Standards of the Regional Water Quality Board have been incorporated into the design and conditions have been included to require compliance with these standards. 2. The project design, as proposed and as conditioned, is consistent with the objectives and criteria of the Zoning Ordinance, and the purposes of Chapter 14.25 (Environmental and Design Review Permit) in that: a) b) The development presents a competent design that has been thoughtfully studied and presented to the Design Review Board, both as a conceptual design and then as a formal application design. The proposed project site plan, building design and landscaping were revised to incorporate recommedations by the Board. The proposed 3-story buildings have been design to minimize bulk and mass, and the height (33.5') is 2.5’ lower than the 36’ height limit allowed. A Community Room was added to the site and pedestrian walkways throughout the site were enhanced. The buildings comply with ail required setbacks (front, side and rear yards) and decks have been designed as recessed decks to preserve privacy to adjacent property windows along the south property line. The project has also be reviewed by the San Rafael Meadows Neighborhood Association, as well as local residents during informal project meetings with the applicant and a formal Neighborhood Meeting (including a 15-day noticed sent to property owners and tenants within 400 feet of the project site). The design of the project has been modified based on comments from both residents and the Board. The site plan respects site features and constraints by maintaining a 25’ setback from Las Gallinas Creek and at the same time, enhamcing and incorporating the creek into the project site design. The south bank of the creek witll be enhances with vegetation and will be designed as a “creek promenade” area, with passive recreational amenities for children and a pedestrian pathway with lighting and benches. The pathway is designed to also accommodate access as required by maintenace vehicles. Several existing trees (13) will be preserved at the perimter of the site and new trees (55 total) will be planted, including new trees along both the Merrydale Road and Redwood Highway frontage. Additional trees will be planted along the south property line to provide additional privacy to the adjacent residential development. The materials and colors that have been included in the proposed architecture are consistent with the context of the surrounding area. Specifically, building materials are flush, textured and veritical metal panels and roofing and building colors would be a combination of green, tan and brown colors. The lower portion of the buildings will include manufactured stone on the fagade. Attachment 3-7 The proposed colors and materials would effectiveley blend the proposed building with the predominant colors of the surrounding natural setting. d) The proposed site plan would utilize the existing drainage facilities and would not alter the drainage patterns of the site. Furthermore, the plan would direct all new run-off to vegetated swales to filter any pollutants from the run-off consistent with storm water pollution prevention standards. . The project design with conditions minmizes adverse environmental impacts in that: a) The building and site improvement are sited to provide adequate setbacks from the creek to the north. b) The project would not cause the level of service at nearby intersections to exceed the standards of the General Plan. Furthermore, the project would be required to pay its fair share of traffic mitigation fees to contribute to a planned, area-wide traffic improvements in the North San Rafael area. c) Potential environmental impacts have been addressed through the preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) consistent with the requirements of the California Environmental Quality Act (CEQA). The IS/MND concluded that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources. The project impacts would be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the Mitigation Monitoring and Reporting Plan (MMRP) and IS/MND (Exhibit 2). . The project design, as proposed and as conditioned, will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a) The environmental impacts associated with the development of the project have been assessed and the project impacts can be mitigated to less-than-significant levels with the implementation of specific mitigation measures as discussed in Environmental and Design Review Permit Finding #3 above. b) The project design would blend with the surrounding neighborhood on Merrydale Road, acting as a transitional use in an area which has both commercial, single-family and multi-family development. The project would also preserve the natural environment of the existing Las Gallinas Creek on the north side of the property by planting trees and creating a pedestrian walkway/passive children’s recreational play area. Furthermore, the project's siting, scale and mass has been designed to minimize visual impacts on adjacent properties, and the new lighting is within the 1-foot candle (Fc) limit along the property line. The site is subject to a condition of approval requiring a 90-day lighting review to adjust lighting levels and reduce glare as needed to eliminate spillover glare onto adjacent properties. Tentative Map Findings (TS18-006) . The proposed map is consistent with the San Rafael General Plan and any applicable, adopted specific plan or neighborhood plan as noted in Environmental and Design Review Permit Finding #1 above and the General Plan Consistency Table (Exhibit 5) included in the December 10, 2019 staff report to the Planning Commission and as noted in Environmental and Design Review Permit finding #1 above. The purpose of the map is to allow the creation of 45 residential air space Attachment 3-8 condominium units. The development is proposed as a “phased” development, consisting of a Phase One (“pre-phase”) commencing in Spring of 2020 for on and off-site improvements to complete building Phase Two construction of Buildings 1-4 and all landscaping north of Private street “A” by fall of 2021, and Phase Three construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping by Summer 2022. . The design or improvement of the subdivision is consistent with the San Rafael General Plan and any pertinent, adopted specific plan or neighborhood plan in that: 1) the subdivision would create 45-units on the 2.28-acre parcel, which is in keeping with the allowable density (15-32 units/acre or 34-72 units) per the General Commercial Land Use Designation as well as consistent with the Civic Center Station Area Plan, which encourages multi-family housing in this location. The proposed project is consistent with the applicable development standards for HR1 (High Density Residential) required setbacks (used as most similarly zoned district with which to set development standards, based on adjacent multi-family development similarly zoned HR1); and 2) the City has balanced the regional and local housing needs against the public service needs of its residents, as well as available fiscal and environmental resources, and concludes that adequate public services are available to the site based on existing service providers that have reviewed the project and indicated that subject to conditions of approval, the system has the capacity to provide service. . The property subject to subdivision is physically suitable for the density of development that is proposed in that: a) the proposed subdivision would create 45 air condominium units on site, which is below the maximum density allowable per General Plan 2020 (72 units); b) the project would also provide two-car garages for all units, which complies with the required parking in the zoning ordinance and all qualifying concessions allowed for affordable housing projects; c) ample, code compliant private and common usable open space is provided for the project; and d) the proposed subdivision would create air condominiums, with no impact on the actual orientation of the physical lots on the ground level in terms of property lines. . The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) the site is currently graded and developed with no known environmental resources on the site; b) the site is an in-fill site that has been designated in the General Plan as General Commercial Land Use. Residential development is allowed at a density of 15-32 units per acres; and c) An Initial Study/Mitigated Negative Declaration has been prepared and appropriate mitigation measures identified in the Mitigation Monitoring and Reporting Program (BIO-1) to reduce any impacts identified to a less-than-significant. . The design of the subdivision or the type of the proposed improvements is not likely to cause serious health problems in that: a) it is a residential project in keeping with the existing residential zoning in the project vicinity; b) the proposed project would be built in accordance with the latest Building and Fire codes to ensure the health and safety of future residents and adjacent neighbors; c) the City’s Public Works Department and Las Gallinas Valley Sanitation District have reviewed the drainage and proposed sewer connections for the project site and deemed the project design to be in keeping with City standards, subject to conditions of approval; and d) as conditioned, the proposed subdivision would not result in impacts to water quality or impacts to environmental resources in that an erosion control plan is required as a condition of project approval, which must be implemented before any grading or construction commences on the site. . The design of the subdivision or the type of proposed improvements will not conflict with existing identified easements on site (including a 25’ Marin County Flood Control easement and a 15' wide maintenance easement immediately adjacent to the 25’ flood control easement). A north/south roadway easement (along Redwood Highway on the east side of the site is to remain. In addition, Attachment 3-9 the project proposes to provide a new Public Access Easement/Public Utility Easement (PAE/PUE) which will be provided at the time of recordation of the Final Map. This PAE/PUE comprises Private Street B providing pedestrian, vehicular, fire truck and trash truck access and required parking. Master Use Permit Findings (UP18-039) 1. The proposed 45-unit residential townhome development at 350 Merrydale/3833 Redwood Hwy, landscaping, Community Room and the associated 94 parking spaces on site will be in accord with the San Rafael Municipal Code (the Zoning Ordinance) and the purpose of the rezoned Planned Development District in which the site is located, given that: a) As documented in the General Plan 2020 Consistency Table (Exhibit 5 of the 12/10/19 Staff Report to the Planning Commission) and as noted in Environmental and Design Review Permit Finding #1 above, the proposed project would implement and promote the goals as policies of the San Rafael General Plan 2020. b) As documented in the Zoning Ordinance Consistency Table (Exhibit 6 of the 12/10/19 Staff Report to the Planning Commission), the proposed project would be consistent with the objectives of the Zoning Ordinance; and 3) the proposed project would be consistent and compatible with the purposes of the PD District and the High Density Residential (HR1) Zoning District development standards (comparable to the adjacent properties to the south) given that: i. the project site will be rezoned to accommodate the proposed residential development, with setbacks, height and parking provided in keeping with the high-density residential development on adjacent properties on the south eastern side of Merrydale Rd; ii, |The project would provide a wide variety of housing types (market rate and affordable “for- sale” condominium units) and sizes (ranging from 741 to 836 sf for the 1-bedroom units, 1,285 to 1,461 sf for the 2-bedroom units, 1,461 to 2,119 sf for the 3-bedroom units and 2,119 sf for the 4-bedroom units; iii. The project would comply with the creek setback standard pursuant to SRMC Section 14.16.080 by providing a 25’ creek setback along the south side of the existing Las Gallinas Creek; iv. The proposed project would create a new “creek promenade”, with improvements to the area adjacent to the creek that would accommodate a “dual use” for both required creek maintenance activities by the City and recreational uses for adults with walkways and benches and a passive play area for children; and v. the project has been reviewed by appropriate City departments and non-city agencies and determined that adequate infrastructure exists to meet all new service demands. 2. The proposed new residential buildings would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City, given that the project has been reviewed by appropriate City departments, non- City agencies, and the appropriate surrounding neighborhood groups, interested parties, the Design Review Board at two separate meetings (Conceptual Design Review on July 17, 2018 and Design Review on the formal application on August 6, 2019). In addition, pursuant to CEQA regulations, the project required preparation of an Initial Study to review potential project impacts on the environment. Potential impacts were identified to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, and Tribal Cultural Resources that would require Attachment 3-10 mitigation to reduce the potential negative impacts from the proposed project to a less-than- significant level. The required mitigation measures for each are identifies in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2, Pages A-1 through A-18). 3. The proposed use of the site would comply with each of the applicable provisions of the PD District, as amended, and other applicable provisions of the Zoning Ordinance in that the City Council has adopted an ordinance to rezone the current PD (1594) Zoning. Subdivision Exception Findings (EX19-012) 1. As documented in the Subdivision Ordinance Compliance Table (Exhibit 7) included in the December 10, 2019 staff report to the Planning Commission, there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception to requirements per San Rafael Municipal Code Section 15.06.050 (c) which requires a minimum right-of-way of 60 feet for local streets, and a minimum pavement width of 40’. The project site is located at the terminus of Redwood Hwy and near the end of Merrydale Rd. The site comprises 2.28 acres but is encumbered by the Marin County Flood Control District (Creek) easement and the City of San Rafael maintenance easement totaling 0.32 acres, reducing the net area of the Project Site available for development to 1.96 acres. In addition, the east property line is bounded by the Caltrans right-of-way (ROW) for US Hwy 101, which limits access. The project is requesting an exception to allow a private street with an easement of 30’ and a minimum pavement width of 20’ and providing at least one sidewalk. In order to provide the required back-up distance for the garages and provide sidewalks to allow pedestrian walkways, the exception to the roadway width was proposed. In addition, the site design includes the creation of a new “through” street, providing access from Redwood Highway (Private Street “B”) via Private Street “A” to Merrydale Rd. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner. The property is designed as for-sale condominiums. In order to provide quality of design that fits into the character of the neighborhood, with ample access to a garage, common open space and private patios, the proposed exception would preserve the owner's ability to align the proposed subdivision more closely with the target density. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. The reduced ROW and pavement width would have minimal impacts as the site is near the terminus of Merrydale Road and the City streets of Merrydale Road and Redwood Hwy are the primary routes for adjacent properties and the proposed privately maintained roads primarily serve the residential development itself. Future through traffic is hindered by the nearby SMART train ROW and Caltrans ROW. The 30 wide roadway provides the full width necessary for emergency vehicle access. Therefore, there is no detriment to public welfare and does not cause injury to adjacent properties. BE IT FURTHER RESOLVED, that the City Council hereby conditionally approves the applications for the Environmental and Design Review Permit (ED18-100), Master Use Permit (UP18- 039) Tentative Subdivision Map (TS18-006), and Subdivision Exception (EX19-012), subject to the conditions of approval listed below: Attachment 3-11 Environmental and Design Review Permit Conditions of Approval (ED18-100) General Project Conditions Community Development Department - Planning Division 1) 2) 5) 6) The proposed 45-unit townhome development shall be installed and designed in substantial conformance with the proposed site plan and elevations and landscape plan as presented for approval on plans prepared by WHA Architects, date stamped Approved, December 10, 2019, and shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision- making body. Approved colors for the main body, trim and accent colors are as shown on the approved Color and Material Board: a) Sherman Williams Paint for Body Colors- High Reflective White (SW 7757), Gossamer Veil (SW 9165), Tin Lizzie (SW9163), Jute Brown (SW 6096); b) Trim Color -Thunder Gray (SW 7645); c) Accent Colors-Deep Sea Dive (SW 7618), Rookwood Terra Cotta (SW2803), and Raisin (SW7630); and d) Manufactured Stone (Timberwolf). Any future modification to colors shall be subject to review and approval by the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $2,354.74 (current fee as of 2018) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1* of each year. Applicant and property owner shall be responsible for implementing all mitigation measures presented in the Project's Mitigated Negative Declaration, on file with the Community Development Department, including any mitigation measures that may not have been incorporated into the Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED18-100 project Conditions of Approval #31, herein. The project shall comply with all mitigation measures as identified in the IS/MND Mitigation Measure Monitoring and Program, dated November 8, 2019. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for adopted by separate Resolution and included as conditions of approval. The ¡S/MND determined that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation and Tribal Resources. The IS/MND identifies Mitigation Measures that, when implemented, would reduce the impacts identified to a less-than-significant level. These mitigation measures are also identified as conditions of approval in the relevant sections herein and detailed in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2- Attachment A). Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or Attachment 3-12 7) 8) 9) incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving striping shall be maintained in good, undamaged condition at ali times. Any damaged improvements shall be replaced in a timely manner. 10) The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 11) All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 42) Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District's (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 13) All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 14) This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit Attachment 3-13 and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. 15) Phasing of the project is allowed, subject to the terms and conditions of approval of the Master Use Permit (UP18-039) below. 16) This Environmental and Design Review Permit (ED18-100) approving the Project shail run concurrently with the approved Master Use Permit (UP18-039). If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. Prior to the Issuance of a Demo/Building/Grading Permit Community Development Department - Planning Division 17) A copy of the Conditions of Approval for ED18-100 shall be included as a plan sheet with the building permit plan submittal. 18) As offered by the applicant, the project shall:1) install pre-wiring for “Level 2” electric vehicle chargers in each garage; and 2) install pre-wiring for solar panels on all buildings/units. Compliance with this condition shall be demonstrated on the building permit plans and installed prior to occupancy. 19) The project proponent shall demonstrate and notate on the building permit plans that Air Quality measures III (a), Ill (b) and III(c) (AQ-1, AQ1a and AQ-2) to eliminate dust control and exhaust during construction, set standards for diesel equipment over 25 horsepower to meet U.S. particle emission standards, and requires that the project include high-efficiency particulate filtration systems in residential ventilation systems will be completed during construction. 20) (GEO-1): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018 ENGEO report. 21) (GEO-2): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer for review and approval. In order to reduce the effects of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to withstand minimum differential movements. Foundation design recommendations are presented in Section 4 of the May 8, 2018 ENGEO report. 22) (GEO-3): Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer of Architect is responsible for designing the site drainage system and, an erosion control plan shail be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department (DPW) Grading and Construction Erosion and Sediment Controt Plan Permit Application Package and the Regional Water Quality Control Board standards. Attachment 3-14 23) (GEO-4): Soils shall be moisture conditioned to above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. 24) (TRANS-1): demonstrate on building permit or improvement plans the design of the pedestrian sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the west side of Redwood Road directly adjacent to the project driveway connecting to the existing sidewalk. 25) (HYDRO-1): Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) b) c) d) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; Where not otherwise required to be under a Regional Water Quality Control Board permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 26) The applicant shall provide information on the building permit plans to show compliance with noise Mitigation Measures recommended on Page 74 of the Illingworth and Rodkin Noise Assessment regarding required forced-air ventilation and STC rated windows on all buildings. Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the Nosie Report. | 27) (BIO-1): Pre-construction nesting bird and bat survey. The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) ii) iii) iv) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. Buffers typically range from 25 feet to 500 feet depending on the species. If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. Attachment 3-15 v) if a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 28) (HAZ-1): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a hazardous building materials survey for all structures proposed for demolition or renovation as part of the project. All lead-based paint and asbestos-containing materials (ACM) shall be abated by a certified contractor in accordance with local, state, and federal requirements. All hazardous materials shall be removed from buildings prior to demolition in accordance with California Division of Occupational Safety and Health (DOSH) and California Department of Toxic Substances Control (DTSC) regulations. A completion of abatement activities report shall be prepared by a qualified professional and submitted to the City prior to permit approval. 29) (HAZ-2): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a Soil Management Plan to develop protocols and procedures for handling potentially impacted soils or underground structure/equipment that may be encountered during grading operations and other construction activities as part of the project. If impacted soils or underground structure/equipment are encountered during construction activities, all construction shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to make observations and prepare recommendations for proper handling of soils and/or structures/equipment. 30) Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 31) The proposed project will be required to provide bicycle improvements along Merrydale Rd. in keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan, which identifies Merrydale Rd. for a Class 由 Bike Route. The applicant will be required to install the appropriate signage and striping along Merrydale Road (fronting the project site) to signify that the street is a Class III Bike Lane. Specifics of the bike lane striping are subject to final review and approval by the Community Development Department and Traffic Engineer. 32) Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 33) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 34) Any outstanding Planning Division application processing fees shall be paid. 35) A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. Attachment 3-16 36)The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. 37) Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. 38) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Should the project not record a final map, the BMR agreement will be modified to a rental agreement and comply with the affordable housing requirements for rental, which would be five (5) units affordable at very-low income level and (4) at low-income level. Public Works Department - Land Development Division General 39) The proposed private roads do not meet the requirements for Right-of-Way/Easement width or paving width per Municipal Code (MC) section 15.06.050. An exception request pursuant to Municipal Code 15.01.120 has been received and we have no objection to the proposed widths based on the necessary findings. 40) It is our understanding that the applicant has provided the minimum garbage facilities required. However, the location and potential for higher demand may necessitate additional storage for a condominium project of this size. We recommend the applicant provide a method to address this in the future if the project is approved as currently proposed. 41) Redwood Hwy and Merrydale Rd do not currently have a cul-de-sac or other vehicular turn around for the dead ends, this project proposes a public access easement over the privately maintained roadways to connect the two which will allow for through circulation. With through public access provided, turnarounds are not required at the end of the publicly maintained roadways. 42) The site is located in or near areas that may be susceptible to localized flooding, or the drainage of the site may be influenced by larger flooding events. We recommend that the applicant consider these concerns, as well as potential impacts due to sea level rise. Attachment 3-17 43) Third party peer review of geotechnical and engineering reports and inspection throughout construction shall be required, paid for by the project sponsor and contracted by the City. Provide a proposed project schedule for the duration of work, so that an estimate may be prepared for the required deposit amount. 44) Provide will serve letters from the various utilities for the proposed subdivision. 45) It is our understanding that there the sanitary sewer system is currently proposed as a gravity flow. However, LGSVD may require mitigation to alleviate flow in the downstream sewer, or that a pump station may be necessary. We recommend that as a condition of approval the applicant provide the will serve letter showing that all requirements from LGSVD shall be met prior to issuance of a permit. Access 46) Provide the lighting analysis, include the frontage for Merrydale Rd and Redwood Hwy. Grading 47) Show the estimate of proposed grading on the plan. This project is located along an open creek. Therefore, all mass grading shall be limited to April 15 through October 15, unless otherwise approved in writing by the Department of Public Works. 48) A grading permit shall be obtained for all grading and site improvement work. Trucking trips during peak hours may be limited. 49) A preliminary geotechnical report has been provided. This does not thoroughly analyze the geotechnical concerns but references that design-level explorations should be conducted prior to site development once more detailed plans have been prepared. The project is in application for design. Therefore, the subsequent geotechnical report shall be a condition of approval. However, the findings of that report may affect the design of the project, which may require re-review of the project. 50) All plans, reports, monitoring, inspection and testing for the proposed project will be reviewed by an independent Geotechnical Engineer and/or Engineering Geologist retained by the City, at the expense of the project sponsor. This third-party consultant will review all plans, reports, monitoring, inspection and testing data prior to appropriate approvals and/or certifications. A letter report summarizing findings and recommendations shall be submitted by the geotechnical engineer to the City Engineer for review and approval, as well as incorporation into grading plans. Final grading and foundation techniques shall be developed by a certified geotechnical engineer or engineering geologist and reviewed and approved by the City. 51) A construction management plan shall be provided for review and approval by the City. a) All materials and equipment shall be staged on-site. b) The construction management plan shall include the traffic control plan to address on-site and off-site construction traffic. c) Ascreened security fence approved by the City shall be placed and maintained around the perimeter of the project and removed immediately following construction work d) Truck routes shall be reviewed and approved by the City. Hauling shall be limited to 1 truck in and 1 truck out per 15 minutes during the AM and PM peak, which may be revised at the time of grading permit issuance. 52) This project includes over one (1) acre of disturbance. A SWPPP shall be required. Attachment 3-18 53) Phasing of the project shall be configured to develop the area adjacent to the creek first along with the infrastructure. This area is required for access, maintenance and drainage. This would allow for early establishment of vegetation in this area to reduce potential impacts to the creek. Due to the size of the project and configuration, the infrastructure required on and off site shall be developed as part of phase one. Infrastructure items that are commonly delayed to later phases shall be reviewed by the Department of Public Works, such as final lift of asphalt. Drainage 54) This site includes work in or immediately adjacent to a creek. The applicant shall comply with requirements of the various creek permitting agencies and obtain all necessary permits. Pet waste bags, signage and trash receptacles shall be provided in convenient locations to reduce the likelihood of litter near the creek path. 55) The final drainage plan shall be subject to review and approval by the City Engineer. The final drainage pian shall address the following: a) The plans shall show the existing drainage facilities b) Runoff shall not be increased, leaving the project boundary c) Filtration shall be required for particles equal to or larger than 5mm, so they do not enter into the City’s storm drainage system d) Placards (medallions) shall be installed on all new drainage inlets to prohibit dumping of pollutants. These are available from the City or MCSTOPPP e) A stormwater facilities maintenance agreement shall be required f) How the project's drainage system shall be maintained, whether separate for each site or together along with the other development improvements. g) The drainage plan shall be developed in consideration with the findings of the geotechnical report. 56) The site drainage system is located at elevations that may be subject to tidally influenced surcharge events. The drainage system shall include backflow prevention. 57) Frontage improvements shall include where necessary, street lighting, conduit for City facilities, accessible curb ramp pairs, drainage facilities, street trees, sidewalk, curb and gutter. This shall be reviewed at the time of permit issuance. 58) Due to the level of improvements we recommend that as a condition of approval the full width of Merrydale Rd be resurfaced with this project, additionally we suggest that this be extended to the intersection with Las Gallinas, as this is one of the only two sites that currently take access from this end of Merrydale Rd. The extents of resurfacing shall be reviewed based on existing conditions at the time of permit issuance. 59) An encroachment permit is required for any work within the Right-of-Way, from the Department of Public Works located at 111 Morphew Street. Restriping of public streets shall be of thermoplastic, as approved by the Department of Public Works. Traffic 60) The Traffic Impact Study (TIS) has been updated, dated October 3, 2019 and previous comments have been addressed. 61) The proposed project results in additional trips generated at the site. Based on the draft traffic impact study and the additional proposed unit, this results in an estimated 17 AM and 19 PM peak hour trips. Using the current traffic mitigation fee rate this results in an estimated fee of (36*$4,246) $152,856 which shall be calculated and due at the time of building permit issuance. Attachment 3-19 62)A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Community Development Department — Building Division 63) The design and construction of all site alterations shall comply with the 2016 California Building Code (CBC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code (CEC), 2016 California Mechanical Code CCMC), 2016 California Fire Code (CFC), 2016 California Energy Code, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 64) A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Site/civil plans (clearly identifying grade plane and height of the building) g) Structural Calculations h) Truss Calculations i) Soils reports j) Green Building documentation k) Title-24 energy documentation 65) Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. 66) Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 67) The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 68) Townhouses more than three stories above grade in height must comply with the CBC. CBC Table 705.8 allows: a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3 to less than 5’ from the property line or buildings on the same property. b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to less than 10’ from the property line or buildings on the same property. c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10 to less than 15’ from the property line or buildings on the same property. 69) Each building must have address identification placed in a position that is plainty legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with % inch stroke for residential occupancies and a minimum 6 inches in height with Attachment 3-20 % inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 70) Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 71) Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 72) School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 73) Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 74) Walls separating purposed tenant space from existing neighboring tenant spaces must bea minimum of 1-hour construction. 75) Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of thé covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 76) When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade- level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 77) Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site. Total Number of Parking Minimum Required | Spaces Provided Number of H/C Spaces 1 to 25 1 260 50 2 51075 3 760 100 4 101 150 5 151 200 6 201 300 7 301 400 8 401 500 9 501 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 Attachment 3-21 78) At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 79) This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied based on the average unit square footage. New multi-family dwellings must comply with the “Green Building Rating System” by showing a minimum compliance threshold between 65 and 75 points. Additionally, the energy budget must also be below Title 24 Energy Efficiency Standards a minimum 15%. Fire Department — Fire Prevention Bureau 80) Prior to issuance of building permit, the following requirements shall be added to the building permit plans as Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box installation at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) all hydrants to be Clow model 960 appliances. 81) Plan Sheet SP-6 (Fire Engine Truck Access Plan) shall be part of the building permit submittal packet and reviewed by the Fire Department as part of the building permit review. Las Gallinas Valley Sanitation District 82) Las Gallinas Valley Sanitation District has determined that the proposed project is within the Sphere of Influence and District facilities boundary. The proposed project must apply for and receive an allocation of sewer capacity from this District before it can receive sewer services. The proposed project must make satisfactory arrangements with this District for the construction of any off-site or on-site sewers which may be required. The District has provided the following comments, as of October 15, 2019: The District will consider a gravity option with the following conditions: a) The initial report from Nute Engineering has indicated that a gravity option is not feasible without flow diversion within the District collection system and upgrades to Rafael Meadows Pump Station. This option is subject to final review by Nute Engineering. The District anticipates receiving the Nute’s final recommendation and preliminary construction cost estimate by end of October 2019. b) The District has considered constructing flow diversion structures at its own expense to alleviate surcharging of sanitary sewers in the area. However, at the minimum, applicant may be required to cost share the electrical and pump upgrades to the Rafael Meadows Pump Station, pending District Board approval. c) If a gravity option is not feasible, the District will require a dedicated private pump station in addition to the Rafael Meadows Pump Station upgrades as described above. The private pump station option shail comply with the following conditions: i) The pump station design shall meet the requirements set by the Regional Water Quality Control Board and other regulatory agencies. ii) The pump station shall include backup generator and pumps with series of sensors and alarm systems to alert District staff of pump failure and potential sewage overflows. iii) The pump station shall comply with city ordinance general noise limits (chapter 8.13), which at a minimum are 60dBA intermittent daytime and 50dBA intermittent nighttime. Attachment 3-22 d) Applicant shall submit plans electronically to LGVSD for review and approval. A Will Serve Letter will be issued based on the following: i) Approved plans designed with District standard details and specifications. ii) Compliance with District requirements outlined in previous plan reviews. iii) Other requirements based on future submittals. Marin Municipal Water District 83) The applicant must enter into a pipeline extension agreement with the Marin Municipal Water District for the installation of the necessary facilities and said agreement must be approved by the District's Board of Directors. All costs associated with a pipeline extension are borne by the applicant. 84) Complete a High-pressure Water Service Application 85) Pay appropriate fees and charges 86) Complete the structure’s foundation within 120 days of the date of application 87) Comply with the District's rules and regulations in effect at the time service is requested, including the installation of a separate water service for each residential structure. 88) Comply with all indoor and outdoor requirements of District Code Title 13 — Water Conservation. This 5 may include ventilation of specific indoor fixture efficiency compliance. 89) If you are pursuing a landscaping project subject to review by your local planning department and/or subject to a city permit, please contact the district water conservation department at 415- 945-1497 or e-mail to plancheck@marinwater.org. More information about district water conservation requirements can be found online at www.marinwater.org. 90) Comply with the backflow preventer requirements, if upon the District's review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at 415-945-1558. 91) Comply with Ordinance No.429 requiring the installation of gray water recycling systems when practicable for all projects required to install new water service and existing structures undergoing “substantial remodel” that necessitates an enlarged water service. 92) Comply with California water Code — Division 1, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures. During Construction and Grading Community Development Department — Planning Division 93) Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.13 of the San Rafael Municipal Code. 94) AIR QUALITY (AQ-1): Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. The contractor shall implement the following best management practices that are required of all projects: Attachment 3-23 a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shail be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR)). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 95) AIR QUALITY (AQ-1a): All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. b) Use of equipment that includes alternatively fueled equipment (i.e., non-diesel) would meet this requirement. c) Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less-than-significant. 96) AIR QUALITY (AQ-2): Include high-efficiency particulate filtration systems in residential ventilation systems. The significant exposure for new project receptors is judged by two effects: (1) increased cancer risk, and (2) annual PM2.5 concentration. Exposure to cancer risk from U.S. Highway 101 are significant. Cancer risk is based on exposure to exhaust emissions while annual PM2.5 concentrations are based on the exposure to PM2.5 resulting from emissions attributable to truck and auto exhaust, the wearing of brakes and tires and re-entrainment of roadway dust from vehicles traveling over pavement. PM2.5 exposure drives the mitigation plan. Reducing PM2.5 exposures to less than significant would also reduce cancer risk to less than significant levels. The project shall include the following measures to minimize long-term annual PM2.5 exposure for new project occupants: 1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into. the dwelling units shall be filtered, as described above. 2. As part of implementing this measure, an ongoing maintenance plan for the buildings’ heating, ventilation, and air conditioning (HVAC) air filtration system shall be required. 3. Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include Attachment 3-24 assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 97) BIOLOGICAL RESOURCES (BiO-1): Pre-construction nesting bird and bat survey: The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 98) CULTURAL RESOURCES (CULT-1): Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). 99) CULTURAL RESOURCES (CULT-2): Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner's determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. 100) GEOTEHCHNICAL (GEO-5): Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological Attachment 3-25 journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. a) If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final - report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. b) The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” 101) NOISE (NOISE-1): Implementation of the following measures would reduce construction noise levels emanating from the site, limit construction hours, and minimize disruption and annoyance. a) Construction activities shall be limited to the hours specified in the City of San Rafael's Municipal Code (7 am to 6 pm on weekdays and 9 am to 6 pm on Saturdays). No construction activities are permitted on Sundays and holidays. b) Limit use of the concrete saw to a distance of 50 feet or greater from residences, where feasible. Construct temporary noise barriers to screen stationary noise-generating equipment, such as the concrete saw, when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by 5 dBA. c) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. d) Unnecessary idling or internal combustion engines should be strictly prohibited. e) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. f) Utilize "quiet" air compressors and other stationary noise sources where technology exists. g) Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. h) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of "noisy" construction activities to the adjacent land uses and nearby residences. Attachment 3-26 i) Designate a “disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 102) TRIBAL-1: Address the potential discovery of previously unknown resources within the project area. if significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Prior to Final Occupancy Community Development Department — Planning Division 103) A post-construction Acoustical Study shall be performed and submitted to the Planning Division to confirm that the project was constructed compliant with noise reducing materials and construction techniques as recommended in the Illingworth and Rodkin Acoustical Study. 104) AESTHETICS (AES-1): Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED18-100 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Department that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). 105) Install any improvements required by TRANS-1 prior to final occupancy 106) HYDROLOGY (HYDRO-2): Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design-level drainage plan and final development drawings. b) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranispiration, and/or bio-treatment of stormwater runoff. c) The Project applicant shalt establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long-term maintenance of all BMPs shall be specified. 107) The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. The final inspection shall require a minimum of 48-hours advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated tandscaping/ Attachment 3-27 irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 108) All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. 109) All plan details shall be implemented as indicated plans approved for building permit, in compliance with all conditions of approval and applicable City zoning code requirements, to the satisfaction of the Community Development Director. Any outstanding fees including planning review fees, inspection fees, etc. shall be paid. Fire Department — Fire Prevention Bureau 110) Prior to Final occupancy, the following requirements shall be installed in addition to all Fire code Requirements on the site and shown on the Fire Engine Truck Access Plan Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box shall be installed at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) All hydrants installed on site shall be Clow model 960 appliances. Tentative Subdivision Map Conditions of Approval (TS18-006) Community Development Department - Planning Division 1. The Tentative Subdivision Map (TS18-006) shall be valid for a period of three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void unless a Final Map has been recorded or a time extension is granted. The proposed project is approved as a Three-Phase development, consisting of a Phase One “pre- phase” (on and off-site improvements) to complete building Phase One -construction of Buildings 1-4 and all landscaping north of Private street “A” (Fall 2021) and Phase Three- construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping (Summer 2022). The Final Map may be recorded in phases or all at once. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication fees for 45 new units in Attachment 3-28 accordance with the provisions of City Council Ordinance No. 1558, which would be 45 x 2.5 persons/dwelling unit x 3 acres per 1,000 persons x $262,396.80 = $88,558.92 . Conditions, Covenants and Restrictions (CC&R’s) shall be prepared and submitted with an application for a Final Parcel Map. The CC&R's shail include the following requirements and provisions: a. The formation of a homeowner's association (HOA). b. Project will be governed by a homeowner's association (HOA) which will manage, maintain and operate the Project in accordance with Conditions, Covenants and Restrictions (CC&Rs) to be recorded against each unit and the common areas, Articles of Incorporation (Articles) and Bylaws. The HOA will have the right to adopt rules, regulations and guidelines, including design guidelines and community space rules to implement the CC&Rs. HOA responsibilities for ongoing maintenance of the shared or common facilities, including but not limited to the common driveway, common landscaping and irrigation, fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities) and exterior building and lighting improvements. All common areas including the Creek Promenade and the Paseos will be owned, managed and controlled by the HOA. Initially the builder will own all units within the project and will control the HOA until sufficient units have been sold for a HOA Board of Directors to be elected. The builder will pay HOA dues to the HOA for each unit until each unit is sold. Restrictions and regulations imposed on each lot owner. The CC&R’s shall include provisions, which restrict the use of the parking spaces to vehicle parking. c. Requirements and provisions for professional management services or the services of a Certified Public Accountant to oversee the HOA responsibilities and budget. d. Include an article providing for rights of the City of San Rafael, as follows: ARTICLE . RIGHTS OF THE CITY OF SAN RAFAEL 1. Use Restrictions. In furtherance of the police power of the City of San Rafael, the following provisions will apply to the Property: (a) no re-subdivision of any Lot shown on the Map will be done without the approval and consent of the City of San Rafael. (b) the restrictions set out in this Declaration will burden the Property, for the benefit of the City of San Rafael, and the same are enforceable by and will inure to the benefit of the City of San Rafael. 2. Right to Remedy Failure to Maintain Common Area. In the event that there is a failure to maintain the Common Area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use, or property value of their Project, thereby impairing the health, safety and welfare of the residents in the Project, the City, by and through its duly authorized officers and employees, will have the right to enter upon the subject Property, and to commence and complete such work as is necessary to maintain said Common Area. The City will enter and repair only if, after giving the Association and Owners written notice of the failure to maintain the Common Area, they do not commence correction of such conditions in no more than thirty (30) days from the giving of the notice and proceed diligently to completion. All expenses incurred by the City shall be paid within thirty (30) days of written demand. Upon a failure to pay within said Attachment 3-29 thirty (30) days, the City will have the right to impose a lien for the proportionate share of such costs against each Lot in the Project. It is understood that by the provisions hereof, the City is not required to take any affirmative action, and any action undertaken by the City will be that which, in its sole discretion, it deems reasonable to protect the public health, safety and general welfare, and to enforce it and the regulations and ordinances and other laws. It is understood that action or inaction by the City, under the provisions hereof, will not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. It is further understood that the remedies available to the City by the provision of this section or by reason of any other provisions of law will be cumulative and not exclusive of the maintenance of any other remedy. In this connection, it is understood and agreed that the failure to maintain the Common Area will be deemed to be a public nuisance and the City will have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by appropriate provisions of the San Rafael Municipal Code or any other applicable law. The City Council of the City may, at any time, relinquish its rights and interest in the Project as herein set forth by appropriate resolution. Any such relinquishment by the City Council will be effective on the date that the resolution is adopted, and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Association. The Owner will execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution. 3. No Waiver. No failure of the City of San Rafael to enforce any of the covenants or restrictions contained herein will in any event render them ineffective. 4. Third-Party Beneficiary. The rights of the City of San Rafael pursuant to this Article will be the rights of an intended third party beneficiary of a contract, as provided in Section 1559 of the California Civil Code, except that there will be no right of Declarant, the Association, or any Owner(s) to rescind the contract involved so as to defeat such rights of the City of San Rafael. 5. Hold Harmless. Declarant, Owners, and each successor in interest of Declarant and said Owners, hereby agree to save and hold the City of San Rafael harmless from any and all liability for inverse condemnation which may result from, or be based upon, City’s approval of the Development of the subject Property. 6. Amendments. The City of San Rafael will be given reasonable advance notice in writing of any amendments to the Declaration affecting the rights of the City as provided herein, and no such amendment will be deemed effective without the written consent of the San Rafael City Council. 6. Prior to recordation of the final map, the CC&R’s shall be reviewed and approved by the Department of Community Development and the City Attorney's Office. 7. Approved CC&R's shall be recorded concurrently with the final map. Attachment 3-30 Department of Public Works - Land Development Division 8. A Final Map shall be required to be filed and approved by the Department of Public Works. 9. Should the applicant elect to record the final map prior to completion of the subdivision improvements, a subdivision improvement agreement shall be required. As part of this agreement bonds shall be required based on the engineer's estimate. The current fees for the subdivision: > $2,615.00 Improvement Plan Check > $3,285.00 minimum, (or actual cost if greater) for Final Map Plan Check. > $1,464.00 Subdivision Improvement Inspection Fees. Master Use Permit Conditions of Approval (UP18-039) 1. Except as modified herein, the Master Use Permit (UP18-039) authorizes redevelopment of the existing 2.28-acre site for residential use as shown in the approved plans in a maximum of three (3) phases. Although phasing is not required, this Use Permit authorizes that the project may be phased as follows, subject to the conditions of approval a) Phase One (Pre-Phase) which entails site preparation, demolition, landscaping/tree removal (except no removal of existing trees along the southern property line). b) Phase Two — Construction of Buildings 1- through Building 4 (a total of 25 units, including five (5) BMR units), trash enclosure, and creek promenade enhancements including landscaping, hardscape and recreational amenities. c) Phase Three - Construction of Building 5 through Building 9 (a total of 20 units, including four (4) BMR units), removal of existing trees along southern property line and the remaining landscaping. , 2. Should the project proceed in a phased development approach, the following requirements shall apply: a) All site improvement, roadways, sidewalk, utilities shall be installed and completed no later than the completion of Phase Two. b) Landscaping may be installed by each phase: i. Prior to final occupancy of Phase Two, the approved landscaping along the Merrydale Rd border (along Building 1) and along the Highway 101 frontage (Building 3 and Building 4) along with all other on-site landscaping in that phase, shall be installed. ii. Prior to final occupancy of Phase Three, the approved landscaping along the Merrydale Rd border (along Building 9) and along the Highway 101/Redwood Hwy frontage (Building 5 and Building 6), along with all other on-site landscaping in that phase, shall be installed. c) This Master Use Permit (UP18-039) shall be valid for three (3) years from the date of City Council approval, or until December 10, 2022 and shail become null and void if: 1) a building permits(s) have not been obtained and construction diligently commenced and pursued for all 9 buildings (45 units); 2) construction has not commenced on both Phase Two and Phase Three; 3) the project has not substantially progressed in constructions of Phase Two and Three; or 4) a time extension request has not been received before December 10, 2022. The time extension application (including project plans) must be submitted to the Planning Department Attachment 3-31 with all associated fees. The time extension is subject to a public hearing and review and approval by the Planning Commission. d) Once the building permit(s) is/are issued and construction and framing are commenced within the three (3) year period, then the Use Permit shall become valid and run with the land and will not have an expiration date. On-going compliance with all conditions of approval shall be required to keep the Use Permit valid. 3. Prior to completion of Phase Two, an “Interim Site Plan” for the area of Phase Three shall be submitted, to address visual conditions, dust/erosion control, security and drainage and site maintenance. This plan shall be subject to review and approval of the Community Development Department and Department of Public Works. 4. Once the Interim Site Plan is approved, all specific conditions of the interim plan for the area of Phase Three shall be installed per the approved plan, prior to final occupancy of Buildings 1 through Building 4, as approved per Phase Two construction. |, 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 the 3% day of February 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey SK Kaw LINDSAY LARA, City Clerk Attachment 3-32 4905-1168-9087 v3 24. Resolution No. 14947 RESOLUTION NO. 14947 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL MODIFYING CONDITIONS OF APPROVAL OF ENVIRONMENTAL AND DESIGN REVIEW (ED18-100), USE PERMIT (UP18-039) AND TENTATIVE MAP (TS18-006) FOR THE MERRYDALE TOWNHOMES LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY TO ALLOW FULFILLMENT OF THE AFFORDABLE HOUSING REQUIREMENT IN ACCORDANCE WITH CITY COUNCIL RESOLUTION NO. 14890 APN’S: 179-041-27 AND 179-041-28) WHEREAS, on February 3, 2020, the San Rafael City Council adopted Ordinance No. 1979, Resolution No. 14762, and Resolution No. 14763 approving entitlements for development of a 45-unit condominium project at 350 Merrydale/3833 Redwood Highway, called the Merrydale Townhomes. The entitlements included approval of Tentative Map, Master Use Permit and Environmental and Design Review; and WHEREAS, a condition of approval of the Tentative Map, Master Use Permit and Environmental and Design Review for the project required nine Below Market Rate Units in accordance with San Rafael Municipal Code Section 14.16.030 in effect at the time of the approvals; and WHEREAS, on February 16, 2021, the City Council adopted Ordinance No. 1990 amending San Rafael Municipal Code (SRMC) section 14.16.030, and Resolution No. 14890, which together set forth the affordable housing requirements for housing developments within the City. Ordinance No. 1990 authorized the affordable housing requirement for housing developments of greater than 15 units to be split into a primary requirement (5% of units to be constructed onsite) and a secondary requirement (option of on-site or off-site development; dedication of land; or payment of in-lieu fees); and WHEREAS, SRMC section14.16.30, as modified by Ordinance No. 1990, allows modifications of the affordable housing component of projects that were approved prior to the effective date of Ordinance No. 1990 but which have not yet commenced construction; and WHEREAS, on April 20, 2021, subsequent to adoption of Ordinance No. 1990, the City received an application requesting modification of the affordable housing obligation for the Merrydale Townhomes project; and WHEREAS, the applicant is proposing to comply with Ordinance No. 1990 and Resolution No. 14890 by providing two (2) onsite below market rate units and by paying in-lieu fees equal to 2.5 units; and WHEREAS, the proposed modification is consistent with Resolution No. 14890; and WHEREAS the proposed amendments do not propose any changes to City policies or regulations that would result in a direct or indirect physical, environmental impact; therefore it has been determined that this ordinance amendment qualifies for exemption from the California Environmental Quality Act (CEQA) pursuant to Sections 15183(a) because it entails a project that can be found consistent with the General Plan policies and pursuant to 15061(b)(3), which states that as a ‘general rule’ CEQA applies only to projects which have the potential to cause a significant, physical environmental impact; and WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does hereby approve modifications to conditions of approval for Environmental and Design Review Permit ED18-100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039) for the project located at 350 Merrydale/3833 Redwood Hwy.as shown on Exhibit A 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 San Rafael City Council held on the 19th day of July 2021, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Llorens Gulati LINDSAY LARA, City Clerk EXHIBIT A MODIFIED CONDITIONS OF APPROVAL PER RESOLUTION NO. _________ FOR ENVIRONMENTAL AND DESIGN REVIEW ED18-100), USE PERMIT (UP18-039) AND TENTATIVE MAP (TS18-006) FOR THE PROPERTY LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) APN’S: 179-041-27 AND 179-041-28) Environmental and Design Review Permit Conditions of Approval ED18-100) General Project Conditions Community Development Department - Planning Division 1) The proposed 45-unit townhome development shall be installed and designed in substantial conformance with the proposed site plan and elevations and landscape plan as presented for approval on plans prepared by WHA Architects, date stamped Approved, December 10, 2019, and shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision- making body. 2) Approved colors for the main body, trim and accent colors are as shown on the approved Color and Material Board: a) Sherman Williams Paint for Body Colors- High Reflective White (SW 7757), Gossamer Veil (SW 9165), Tin Lizzie (SW9163), Jute Brown (SW 6096); b) Trim Color -Thunder Gray (SW 7645); c) Accent Colors-Deep Sea Dive (SW 7618), Rookwood Terra Cotta (SW2803), and Raisin (SW7630); and d) Manufactured Stone (Timberwolf). Any future modification to colors shall be subject to review and approval by the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. 3) Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are 2,354.74 (current fee as of 2018) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1st of each year. 4) Applicant and property owner shall be responsible for implementing all mitigation measures presented in the Project’s Mitigated Negative Declaration, on file with the Community Development Department, including any mitigation measures that may not have been incorporated into the Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED18-100 project Conditions of Approval #31, herein. 5) The project shall comply with all mitigation measures as identified in the IS/MND Mitigation Measure Monitoring and Program, dated November 8, 2019. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for adopted by separate Resolution and included as conditions of approval. The IS/MND determined that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation and Tribal Resources. The IS/MND identifies Mitigation Measures that, when implemented, would reduce the impacts identified to a less-than-significant level. These mitigation measures are also identified as conditions of approval in the relevant sections herein and detailed in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2- Attachment A). 6) Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 7) In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 8) As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 9) All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 10) The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 11) All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 12) Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 13) All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 14) This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. 15) Phasing of the project is allowed, subject to the terms and conditions of approval of the Master Use Permit (UP18-039) below. 16) This Environmental and Design Review Permit (ED18-100) approving the Project shall run concurrently with the approved Master Use Permit (UP18-039). If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. Prior to the Issuance of a Demo/Building/Grading Permit Community Development Department - Planning Division 17) A copy of the Conditions of Approval for ED18-100 shall be included as a plan sheet with the building permit plan submittal. 18) As offered by the applicant, the project shall:1) install pre-wiring for “Level 2” electric vehicle chargers in each garage; and 2) install pre-wiring for solar panels on all buildings/units. Compliance with this condition shall be demonstrated on the building permit plans and installed prior to occupancy. 19) The project proponent shall demonstrate and notate on the building permit plans that Air Quality measures III (a), III (b) and III(c) (AQ-1, AQ1a and AQ-2) to eliminate dust control and exhaust during construction, set standards for diesel equipment over 25 horsepower to meet U.S. particle emission standards, and requires that the project include high-efficiency particulate filtration systems in residential ventilation systems will be completed during construction. 20) (GEO-1): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018 ENGEO report. 21) (GEO-2): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer for review and approval. In order to reduce the effects of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to withstand minimum differential movements. Foundation design recommendations are presented in Section 4 of the May 8, 2018 ENGEO report. 22) (GEO-3): Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer of Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department DPW) Grading and Construction Erosion and Sediment Control Plan Permit Application Package and the Regional Water Quality Control Board standards. 23) (GEO-4): Soils shall be moisture conditioned to above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. 24) (TRANS-1): demonstrate on building permit or improvement plans the design of the pedestrian sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the west side of Redwood Road directly adjacent to the project driveway connecting to the existing sidewalk. 25) (HYDRO-1): Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; b) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 26) The applicant shall provide information on the building permit plans to show compliance with noise Mitigation Measures recommended on Page 74 of the Illingworth and Rodkin Noise Assessment regarding required forced-air ventilation and STC rated windows on all buildings. Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the Nosie Report. 27) (BIO-1): Pre-construction nesting bird and bat survey. The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 28) (HAZ-1): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a hazardous building materials survey for all structures proposed for demolition or renovation as part of the project. All lead-based paint and asbestos-containing materials (ACM) shall be abated by a certified contractor in accordance with local, state, and federal requirements. All hazardous materials shall be removed from buildings prior to demolition in accordance with California Division of Occupational Safety and Health (DOSH) and California Department of Toxic Substances Control (DTSC) regulations. A completion of abatement activities report shall be prepared by a qualified professional and submitted to the City prior to permit approval. 29) (HAZ-2): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a Soil Management Plan to develop protocols and procedures for handling potentially impacted soils or underground structure/equipment that may be encountered during grading operations and other construction activities as part of the project. If impacted soils or underground structure/equipment are encountered during construction activities, all construction shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to make observations and prepare recommendations for proper handling of soils and/or structures/equipment. 30) Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 31) The proposed project will be required to provide bicycle improvements along Merrydale Rd. in keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan, which identifies Merrydale Rd. for a Class III Bike Route. The applicant will be required to install the appropriate signage and striping along Merrydale Road (fronting the project site) to signify that the street is a Class III Bike Lane. Specifics of the bike lane striping are subject to final review and approval by the Community Development Department and Traffic Engineer. 32) Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 33) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 34) Any outstanding Planning Division application processing fees shall be paid. 35) A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 36) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. The project is required to provide a primary and secondary affordable housing requirement pursuant to San Rafael Municipal Code Section 14.16.030 and City Council Resolution 14890. The applicant shall comply with this requirement by providing 2 units on-site (5% of the total units) and by paying an in-lieu fee equal to the 2.5 units (2.25 + .25 (fractional unit from the onsite requirement)). Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, The applicant shall : a. Pay the affordable housing in-lieu fee equal to 2.5 units. b. Enter into a Below Market Rate (BMR) agreement. The BMR agreement for the two (2) affordable unit shall be approved by the Community Development Director and City Manager and recorded on the property. Consistent with the affordable housing requirements, the affordable houisng units shall be affordable to low-income households The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. 37) Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. 38) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Should the project not record a final map, the BMR agreement will be modified to a rental agreement and comply with the affordable housing requirements for rental, which would be five (5) units affordable at very-low income level and (4) at low-income level. Public Works Department - Land Development Division General 39) The proposed private roads do not meet the requirements for Right-of-Way/Easement width or paving width per Municipal Code (MC) section 15.06.050. An exception request pursuant to Municipal Code 15.01.120 has been received and we have no objection to the proposed widths based on the necessary findings. 40) It is our understanding that the applicant has provided the minimum garbage facilities required. However, the location and potential for higher demand may necessitate additional storage for a condominium project of this size. We recommend the applicant provide a method to address this in the future if the project is approved as currently proposed. 41) Redwood Hwy and Merrydale Rd do not currently have a cul-de-sac or other vehicular turn around for the dead ends, this project proposes a public access easement over the privately maintained roadways to connect the two which will allow for through circulation. With through public access provided, turnarounds are not required at the end of the publicly maintained roadways. 42) The site is located in or near areas that may be susceptible to localized flooding, or the drainage of the site may be influenced by larger flooding events. We recommend that the applicant consider these concerns, as well as potential impacts due to sea level rise. 43) Third party peer review of geotechnical and engineering reports and inspection throughout construction shall be required, paid for by the project sponsor and contracted by the City. Provide a proposed project schedule for the duration of work, so that an estimate may be prepared for the required deposit amount. 44) Provide will serve letters from the various utilities for the proposed subdivision. 45) It is our understanding that there the sanitary sewer system is currently proposed as a gravity flow. However, LGSVD may require mitigation to alleviate flow in the downstream sewer, or that a pump station may be necessary. We recommend that as a condition of approval the applicant provide the will serve letter showing that all requirements from LGSVD shall be met prior to issuance of a permit. Access 46) Provide the lighting analysis, include the frontage for Merrydale Rd and Redwood Hwy. Grading 47) Show the estimate of proposed grading on the plan. This project is located along an open creek. Therefore, all mass grading shall be limited to April 15 through October 15, unless otherwise approved in writing by the Department of Public Works. 48) A grading permit shall be obtained for all grading and site improvement work. Trucking trips during peak hours may be limited. 49) A preliminary geotechnical report has been provided. This does not thoroughly analyze the geotechnical concerns but references that design-level explorations should be conducted prior to site development once more detailed plans have been prepared. The project is in application for design. Therefore, the subsequent geotechnical report shall be a condition of approval. However, the findings of that report may affect the design of the project, which may require re-review of the project. 50) All plans, reports, monitoring, inspection and testing for the proposed project will be reviewed by an independent Geotechnical Engineer and/or Engineering Geologist retained by the City, at the expense of the project sponsor. This third-party consultant will review all plans, reports, monitoring, inspection and testing data prior to appropriate approvals and/or certifications. A letter report summarizing findings and recommendations shall be submitted by the geotechnical engineer to the City Engineer for review and approval, as well as incorporation into grading plans. Final grading and foundation techniques shall be developed by a certified geotechnical engineer or engineering geologist and reviewed and approved by the City. 51) A construction management plan shall be provided for review and approval by the City. a) All materials and equipment shall be staged on-site. b) The construction management plan shall include the traffic control plan to address on-site and off-site construction traffic. c) A screened security fence approved by the City shall be placed and maintained around the perimeter of the project and removed immediately following construction work d) Truck routes shall be reviewed and approved by the City. Hauling shall be limited to 1 truck in and 1 truck out per 15 minutes during the AM and PM peak, which may be revised at the time of grading permit issuance. 52) This project includes over one (1) acre of disturbance. A SWPPP shall be required. 53) Phasing of the project shall be configured to develop the area adjacent to the creek first along with the infrastructure. This area is required for access, maintenance and drainage. This would allow for early establishment of vegetation in this area to reduce potential impacts to the creek. Due to the size of the project and configuration, the infrastructure required on and off site shall be developed as part of phase one. Infrastructure items that are commonly delayed to later phases shall be reviewed by the Department of Public Works, such as final lift of asphalt. Drainage 54) This site includes work in or immediately adjacent to a creek. The applicant shall comply with requirements of the various creek permitting agencies and obtain all necessary permits. a) Pet waste bags, signage and trash receptacles shall be provided in convenient locations to reduce the likelihood of litter near the creek path. 55) The final drainage plan shall be subject to review and approval by the City Engineer. The final drainage plan shall address the following: a) The plans shall show the existing drainage facilities b) Runoff shall not be increased, leaving the project boundary c) Filtration shall be required for particles equal to or larger than 5mm, so they do not enter into the City’s storm drainage system d) Placards (medallions) shall be installed on all new drainage inlets to prohibit dumping of pollutants. These are available from the City or MCSTOPPP e) A stormwater facilities maintenance agreement shall be required f) How the project’s drainage system shall be maintained, whether separate for each site or together along with the other development improvements. g) The drainage plan shall be developed in consideration with the findings of the geotechnical report. 56) The site drainage system is located at elevations that may be subject to tidally influenced surcharge events. The drainage system shall include backflow prevention. 57) Frontage improvements shall include where necessary, street lighting, conduit for City facilities, accessible curb ramp pairs, drainage facilities, street trees, sidewalk, curb and gutter. This shall be reviewed at the time of permit issuance. 58) Due to the level of improvements we recommend that as a condition of approval the full width of Merrydale Rd be resurfaced with this project, additionally we suggest that this be extended to the intersection with Las Gallinas, as this is one of the only two sites that currently take access from this end of Merrydale Rd. The extents of resurfacing shall be reviewed based on existing conditions at the time of permit issuance. 59) An encroachment permit is required for any work within the Right-of-Way, from the Department of Public Works located at 111 Morphew Street. Restriping of public streets shall be of thermoplastic, as approved by the Department of Public Works. Traffic 60) The Traffic Impact Study (TIS) has been updated, dated October 3, 2019 and previous comments have been addressed. 61) The proposed project results in additional trips generated at the site. Based on the draft traffic impact study and the additional proposed unit, this results in an estimated 17 AM and 19 PM peak hour trips. Using the current traffic mitigation fee rate this results in an estimated fee of (36*$4,246) 152,856 which shall be calculated and due at the time of building permit issuance. 62) A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Community Development Department – Building Division 63) The design and construction of all site alterations shall comply with the 2016 California Building Code (CBC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code (CEC), 2016 California Mechanical Code CCMC), 2016 California Fire Code (CFC), 2016 California Energy Code, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 64) A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Site/civil plans (clearly identifying grade plane and height of the building) g) Structural Calculations h) Truss Calculations i) Soils reports j) Green Building documentation k) Title-24 energy documentation 65) Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. 66) Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 67) The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 68) Townhouses more than three stories above grade in height must comply with the CBC. CBC Table 705.8 allows: a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3’ to less than 5’ from the property line or buildings on the same property. b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to less than 10’ from the property line or buildings on the same property. c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to less than 15’ from the property line or buildings on the same property. 69) Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 70) Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 71) Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 72) School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 73) Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 74) Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1-hour construction. 75) Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 76) When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade- level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 77) Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site. Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces 1 to 25 1 26 o 50 2 51 o 75 3 76 o 100 4 101 150 5 151 200 6 201 300 7 301 400 8 401 500 9 501 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 78) At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 79) This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied based on the average unit square footage. New multi-family dwellings must comply with the “Green Building Rating System” by showing a minimum compliance threshold between 65 and 75 points. Additionally, the energy budget must also be below Title 24 Energy Efficiency Standards a minimum 15%. Fire Department – Fire Prevention Bureau 80) Prior to issuance of building permit, the following requirements shall be added to the building permit plans as Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box installation at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) all hydrants to be Clow model 960 appliances. 81) Plan Sheet SP-6 (Fire Engine Truck Access Plan) shall be part of the building permit submittal packet and reviewed by the Fire Department as part of the building permit review. Las Gallinas Valley Sanitation District 82) Las Gallinas Valley Sanitation District has determined that the proposed project is within the Sphere of Influence and District facilities boundary. The proposed project must apply for and receive an allocation of sewer capacity from this District before it can receive sewer services. The proposed project must make satisfactory arrangements with this District for the construction of any off -site or on-site sewers which may be required. The District has provided the following comments, as of October 15, 2019: The District will consider a gravity option with the following conditions: a) The initial report from Nute Engineering has indicated that a gravity option is not feasible without flow diversion within the District collection system and upgrades to Rafael Meadows Pump Station. This option is subject to final review by Nute Engineering. The District anticipates receiving the Nute’s final recommendation and preliminary construction cost estimate by end of October 2019. b) The District has considered constructing flow diversion structures at its own expense to alleviate surcharging of sanitary sewers in the area. However, at the minimum, applicant may be required to cost share the electrical and pump upgrades to the Rafael Meadows Pump Station, pending District Board approval. c) If a gravity option is not feasible, the District will require a dedicated private pump station in addition to the Rafael Meadows Pump Station upgrades as described above. The private pump station option shall comply with the following conditions: i) The pump station design shall meet the requirements set by the Regional Water Quality Control Board and other regulatory agencies. ii) The pump station shall include backup generator and pumps with series of sensors and alarm systems to alert District staff of pump failure and potential sewage overflows. iii) The pump station shall comply with city ordinance general noise limits (chapter 8.13), which at a minimum are 60dBA intermittent daytime and 50dBA intermittent nighttime. d) Applicant shall submit plans electronically to LGVSD for review and approval. A Will Serve Letter will be issued based on the following: i) Approved plans designed with District standard details and specifications. ii) Compliance with District requirements outlined in previous plan reviews. iii) Other requirements based on future submittals. Marin Municipal Water District 83) The applicant must enter into a pipeline extension agreement with the Marin Municipal Water District for the installation of the necessary facilities and said agreement must be approved by the District’s Board of Directors. All costs associated with a pipeline extension are borne by the applicant. 84) Complete a High-pressure Water Service Application 85) Pay appropriate fees and charges 86) Complete the structure’s foundation within 120 days of the date of application 87) Comply with the District’s rules and regulations in effect at the time service is requested, including the installation of a separate water service for each residential structure. 88) Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. This may include ventilation of specific indoor fixture efficiency compliance. 89) If you are pursuing a landscaping project subject to review by your local planning department and/or subject to a city permit, please contact the district water conservation department at 415-945-1497 or e-mail to plancheck@marinwater.org. More information about district water conservation requirements can be found online at www.marinwater.org. 90) Comply with the backflow preventer requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at 415-945-1558. 91) Comply with Ordinance No.429 requiring the installation of gray water recycling systems when practicable for all projects required to install new water service and existing structures undergoing substantial remodel” that necessitates an enlarged water service. 92) Comply with California water Code – Division 1, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures. During Construction and Grading Community Development Department – Planning Division 93) Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.13 of the San Rafael Municipal Code. 94) AIR QUALITY (AQ-1): Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. The contractor shall implement the following best management practices that are required of all projects: a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 95) AIR QUALITY (AQ-1a): All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. b) Use of equipment that includes alternatively fueled equipment (i.e., non-diesel) would meet this requirement. c) Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less-than-significant. 96) AIR QUALITY (AQ-2): Include high-efficiency particulate filtration systems in residential ventilation systems. The significant exposure for new project receptors is judged by two effects: (1) increased cancer risk, and (2) annual PM2.5 concentration. Exposure to cancer risk from U.S. Highway 101 are significant. Cancer risk is based on exposure to exhaust emissions while annual PM2.5 concentrations are based on the exposure to PM2.5 resulting from emissions attributable to truck and auto exhaust, the wearing of brakes and tires and re-entrainment of roadway dust from vehicles traveling over pavement. PM2.5 exposure drives the mitigation plan. Reducing PM2.5 exposures to less than significant would also reduce cancer risk to less than significant levels. The project shall include the following measures to minimize long-term annual PM2.5 exposure for new project occupants: 1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into the dwelling units shall be filtered, as described above. 2. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HVAC) air filtration system shall be required. 3. Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 97) BIOLOGICAL RESOURCES (BIO-1): Pre-construction nesting bird and bat survey: The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 98) CULTURAL RESOURCES (CULT-1): Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements such as mortars and pestles). 99) CULTURAL RESOURCES (CULT-2): Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. 100) GEOTEHCHNICAL (GEO-5): Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. a) If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. b) The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” 101) NOISE (NOISE-1): Implementation of the following measures would reduce construction noise levels emanating from the site, limit construction hours, and minimize disruption and annoyance. a) Construction activities shall be limited to the hours specified in the City of San Rafael's Municipal Code (7 am to 6 pm on weekdays and 9 am to 6 pm on Saturdays). No construction activities are permitted on Sundays and holidays. b) Limit use of the concrete saw to a distance of 50 feet or greater from residences, where feasible. Construct temporary noise barriers to screen stationary noise-generating equipment, such as the concrete saw, when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by 5 dBA. c) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. d) Unnecessary idling or internal combustion engines should be strictly prohibited. e) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. f) Utilize "quiet" air compressors and other stationary noise sources where technology exists. g) Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. h) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of "noisy" construction activities to the adjacent land uses and nearby residences. i) Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 102) TRIBAL-1: Address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Prior to Final Occupancy Community Development Department – Planning Division 103) A post-construction Acoustical Study shall be performed and submitted to the Planning Division to confirm that the project was constructed compliant with noise reducing materials and construction techniques as recommended in the Illingworth and Rodkin Acoustical Study. 104) AESTHETICS (AES-1): Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED18-100 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Department that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). 105) Install any improvements required by TRANS-1 prior to final occupancy 106) HYDROLOGY (HYDRO-2): Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design level drainage plan and final development drawings. b) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio treatment of stormwater runoff. c) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long term maintenance of all BMPs shall be specified. 107) The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. The final inspection shall require a minimum of 48-hours advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping/ irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 108) All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. 109) All plan details shall be implemented as indicated plans approved for building permit, in compliance with all conditions of approval and applicable City zoning code requirements, to the satisfaction of the Community Development Director. Any outstanding fees including planning review fees, inspection fees, etc. shall be paid. Fire Department – Fire Prevention Bureau 110) Prior to Final occupancy, the following requirements shall be installed in addition to all Fire code Requirements on the site and shown on the Fire Engine Truck Access Plan Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box shall be installed at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) All hydrants installed on site shall be Clow model 960 appliances. Tentative Subdivision Map Conditions of Approval TS18-006) Community Development Department - Planning Division 2. The Tentative Subdivision Map (TS18-006) shall be valid for a period of three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void unless a Final Map has been recorded or a time extension is granted. 3. The proposed project is approved as a Three-Phase development, consisting of a Phase One “pre- phase” (on and off-site improvements) to complete building Phase One -construction of Buildings 1- 4 and all landscaping north of Private street “A” (Fall 2021) and Phase Three- construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping (Summer 2022). The Final Map may be recorded in phases or all at once. 4. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. The project is required to provide a primary and secondary affordable housing requirement pursuant to San Rafael Municipal Code Section 14.16.030 and City Council Resolution 14890. The applicant shall comply with this requirement by providing 2 units on-site (5% of the total units) and by paying an in-lieu fee equal to the 2.5 units (2.25 + .25 (fractional unit from the onsite requirement)). Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, The applicant shall : a. Pay the affordable housing in-lieu fee equal to 2.5 units. b. Enter into a Below Market Rate (BMR) agreement. The BMR agreement for the two (2) affordable unit shall be approved by the Community Development Director and City Manager and recorded on the property. Consistent with the affordable housing requirements, the affordable houisng units shall be affordable to low-income households The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. 5. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication fees for 45 new units in accordance with the provisions of City Council Ordinance No. 1558, which would be 45 x 2.5 persons/dwelling unit x 3 acres per 1,000 persons x $262,396.80 = $88,558.92 6. Conditions, Covenants and Restrictions (CC&R’s) shall be prepared and submitted with an application for a Final Parcel Map. The CC&R’s shall include the following requirements and provisions: a. The formation of a homeowner’s association (HOA). b. Project will be governed by a homeowner’s association (HOA) which will manage, maintain and operate the Project in accordance with Conditions, Covenants and Restrictions CC&Rs) to be recorded against each unit and the common areas, Articles of Incorporation Articles) and Bylaws. The HOA will have the right to adopt rules, regulations and guidelines, including design guidelines and community space rules to implement the CC&Rs. HOA responsibilities for ongoing maintenance of the shared or common facilities, including but not limited to the common driveway, common landscaping and irrigation, fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities) and exterior building and lighting improvements. All common areas including the Creek Promenade and the Paseos will be owned, managed and controlled by the HOA. Initially the builder will own all units within the project and will control the HOA until sufficient units have been sold for a HOA Board of Directors to be elected. The builder will pay HOA dues to the HOA for each unit until each unit is sold. Restrictions and regulations imposed on each lot owner. The CC&R’s shall include provisions, which restrict the use of the parking spaces to vehicle parking. c. Requirements and provisions for professional management services or the services of a Certified Public Accountant to oversee the HOA responsibilities and budget. d. Include an article providing for rights of the City of San Rafael, as follows: ARTICLE ____. RIGHTS OF THE CITY OF SAN RAFAEL 1. Use Restrictions. In furtherance of the police power of the City of San Rafael, the following provisions will apply to the Property: a)no re-subdivision of any Lot shown on the Map will be done without the approval and consent of the City of San Rafael. b)the restrictions set out in this Declaration will burden the Property, for the benefit of the City of San Rafael, and the same are enforceable by and will inure to the benefit of the City of San Rafael. 2. Right to Remedy Failure to Maintain Common Area. In the event that there is a failure to maintain the Common Area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use, or property value of their Project, thereby impairing the health, safety and welfare of the residents in the Project, the City, by and through its duly authorized officers and employees, will have the right to enter upon the subject Property, and to commence and complete such work as is necessary to maintain said Common Area. The City will enter and repair only if, after giving the Association and Owners written notice of the failure to maintain the Common Area, they do not commence correction of such conditions in no more than thirty (30) days from the giving of the notice and proceed diligently to completion. All expenses incurred by the City shall be paid within thirty (30) days of written demand. Upon a failure to pay within said thirty (30) days, the City will have the right to impose a lien for the proportionate share of such costs against each Lot in the Project. It is understood that by the provisions hereof, the City is not required to take any affirmative action, and any action undertaken by the City will be that which, in its sole discretion, it deems reasonable to protect the public health, safety and general welfare, and to enforce it and the regulations and ordinances and other laws. It is understood that action or inaction by the City, under the provisions hereof, will not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. It is further understood that the remedies available to the City by the provision of this section or by reason of any other provisions of law will be cumulative and not exclusive of the maintenance of any other remedy. In this connection, it is understood and agreed that the failure to maintain the Common Area will be deemed to be a public nuisance and the City will have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by appropriate provisions of the San Rafael Municipal Code or any other applicable law. The City Council of the City may, at any time, relinquish its rights and interest in the Project as herein set forth by appropriate resolution. Any such relinquishment by the City Council will be effective on the date that the resolution is adopted, and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Association. The Owner will execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution. 3. No Waiver. No failure of the City of San Rafael to enforce any of the covenants or restrictions contained herein will in any event render them ineffective. 4. Third-Party Beneficiary. The rights of the City of San Rafael pursuant to this Article will be the rights of an intended third party beneficiary of a contract, as provided in Section 1559 of the California Civil Code, except that there will be no right of Declarant, the Association, or any Owner(s) to rescind the contract involved so as to defeat such rights of the City of San Rafael. 5. Hold Harmless. Declarant, Owners, and each successor in interest of Declarant and said Owners, hereby agree to save and hold the City of San Rafael harmless from any and all liability for inverse condemnation which may result from, or be based upon, City’s approval of the Development of the subject Property. 6. Amendments. The City of San Rafael will be given reasonable advance notice in writing of any amendments to the Declaration affecting the rights of the City as provided herein, and no such amendment will be deemed effective without the written consent of the San Rafael City Council. 7. Prior to recordation of the final map, the CC&R’s shall be reviewed and approved by the Department of Community Development and the City Attorney’s Office. 8. Approved CC&R’s shall be recorded concurrently with the final map. Department of Public Works - Land Development Division 9. A Final Map shall be required to be filed and approved by the Department of Public Works. 10. Should the applicant elect to record the final map prior to completion of the subdivision improvements, a subdivision improvement agreement shall be required. As part of this agreement bonds shall be required based on the engineer’s estimate. The current fees for the subdivision: 2,615.00 Improvement Plan Check 3,285.00 minimum, (or actual cost if greater) for Final Map Plan Check. 1,464.00 Subdivision Improvement Inspection Fees. Master Use Permit Conditions of Approval UP18-039) 1. Except as modified herein, the Master Use Permit (UP18-039) authorizes redevelopment of the existing 2.28-acre site for residential use as shown in the approved plans in a maximum of three (3) phases. Although phasing is not required, this Use Permit authorizes that the project may be phased as follows, subject to the conditions of approval a) Phase One (Pre-Phase) which entails site preparation, demolition, landscaping/tree removal except no removal of existing trees along the southern property line). b) Phase Two – Shall include construction of buildings, construction of the 2 on-site below market rate units, Construction of Buildings 1- through Building 4 (a total of 25 units, including five (5) BMR units), trash enclosure, and creek promenade enhancements including landscaping, hardscape and recreational amenities. c) Phase Three - Construction of any remaining units Building 5 through Building 9 (a total of 20 units, including four (4) BMR units), removal of existing trees along southern property line and the remaining landscaping. 2. Should the project proceed in a phased development approach, the following requirements shall apply: a) All site improvement, roadways, sidewalk, utilities shall be installed and completed no later than the completion of Phase Two. b) Landscaping may be installed by each phase: i. Prior to final occupancy of Phase Two, the approved landscaping along the Merrydale Rd border (along Building 1) and along the Highway 101 frontage (Building 3 and Building 4) along with all other on-site landscaping in that phase, shall be installed. ii. Prior to final occupancy of Phase Three, the approved landscaping along the Merrydale Rd border (along Building 9) and along the Highway 101/Redwood Hwy frontage Building 5 and Building 6), along with all other on-site landscaping in that phase, shall be installed. c) This Master Use Permit (UP18-039) shall be valid for three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void if: 1) a building permits(s) have not been obtained and construction diligently commenced and pursued for all 9 buildings (45 units); 2) construction has not commenced on both Phase Two and Phase Three; 3) the project has not substantially progressed in constructions of Phase Two and Three; or 4) a time extension request has not been received before December 10, 2022. The time extension application (including project plans) must be submitted to the Planning Department with all associated fees. The time extension is subject to a public hearing and review and approval by the Planning Commission. d) Once the building permit(s) is/are issued and construction and framing are commenced within the three (3) year period, then the Use Permit shall become valid and run with the land and will not have an expiration date. On-going compliance with all conditions of approval shall be required to keep the Use Permit valid. 3. Prior to completion of Phase Two, an “Interim Site Plan” for the area of Phase Three shall be submitted, to address visual conditions, dust/erosion control, security and drainage and site maintenance. This plan shall be subject to review and approval of the Community Development Department and Department of Public Works. 4. Once the Interim Site Plan is approved, all specific conditions of the interim plan for the area of Phase Three shall be installed per the approved plan, prior to final occupancy of Buildings 1 through Building 4, as approved per Phase Two construction. 4905-1168-9087 v3 25. Staff Report and all related Exhibits SAN RAFAEL Meeting Date: December 10, 2019 Agenda Item: THE CITY WITH A MISSION Case ZC19-002/ED18-100/TS18- Numbers: 006/UP18-039/1518-001/ Community Development Department — Planning EX19-012 Division Project Planner Caron Parker — 415-485-3094 REPORT TO PLANNING COMMISSION SUBJECT: 350 Merrydale Rd/3833 Redwood Hwy- Requests for a Planned Development Rezoning, Environmental Design Review Permit, Tentative Subdivision Map, Use Permit and Subdivision Exception to allow the demolition of the existing one-story classroom buildings on site and new construction of nine (9) three-story buildings with a total of 45 condominium townhome units (including nine (9) affordable BMR (Below Market Rate) units). Total parking proposed on-site would be 94 spaces. The project requires a Rezoning of the property from a Planned Development (PD1594) which allowed the existing use (services for disabled adults), to a new PD that would allow residential development. APN’s: 179-041-27 and 28; Planned Development (PD1594) Zoning District; Francine Clayton, owner, Michael Hooper, applicant; San Rafael Meadows Neighborhood. EXECUTIVE SUMMARY The proposed project is being referred to the Planning Commission for review of a proposed 45-unit “for- sale” townhome and stacked flat development with new landscaping and creekside enhancements at 350 Merrydale Rd/3833 Redwood Hwy (see Exhibit 1: Project Vicinity Map). The project proposes to demolish the existing one-story buildings on the site and to construct nine (9) three-story buildings with a total of 45 townhome units and stacked flats (a mixture of two-bedroom, three-bedroom and four-bedroom units) with garages and uncovered parking. The project is proposed as a “phased” development with a tentative start date of Spring 2020 ((25 units, including five (5) BMR units) and a completion date of Summer 2022. The project would provide 20% of the units as affordable (a of total 9 below-market-rate (BMR) units), in compliance with San Rafael Municipal Code (SRMC) Section 14.16.030.The development qualifies for one concession and unlimited number of modifications under the State Density bonus law. The project is requesting to use this concession for tandem parking/uncovered parking on the project site. A total of 94 on-site parking spaces are proposed. The project site currently has a Planned Development (PD1594) zoning classification that allows the site to be used as a day care center for developmentally disabled adults. The site has operated since 1990, under a Use Permit approved by the Planning Commission (UP90-22). However, since the PD 1594 zoning does not allow for residential uses, a PD rezoning is requested to allow for the proposed residential use and to allow redevelopment of a site with an existing 2.28 non-conforming minimum lot size (minimum lot size for the PD zone is 2.5 acres). The City supports the proposed re-zoning to a new PD District and has determined that the(most compatible density would be one that incorporates the multi-family use style of the surrounding two- story and three story, multi-family properties on the east side of Merrydale, aníarea zoned HR1 (High Density Residential). Therefore, the PD proposes to follow the HR1 standards in terms of density and other development standards. Based on the HR1 Development Standards (1 unit per 1,000 square feet of lot area), the maximum number units allowed for the base density would be 99 units on the 99,150 sq. ft. site. The proposed 45 units is’ below the maximum base density under both the proposed HR1 standards and the underlying General Plan land use designation of General Commercial. The project REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 2 would therefore be consistent with the allowable density range of residential development. No Variances to the HR1 property development standards are requested. However, the project is requesting an Exception to the Subdivision Ordinance Section 15106:050(d) = minimum 60’ street width required right- of-way for local streets and 40’ minimum pavement width. The project requests a reduction in the standard to a proposed minimum street width right-of-way of 30 feet and minimum pavement width of 20 feet. The City’s Public Works Department and Fire Prevention Bureau have reviewed the proposed reduction and support the proposal. A Conceptual Design Review application was submitted and reviewed by the Design Review Board on July 17, 2018. The Board was generally supportive of the conceptual design presented and provided comments to the applicant on recommended changes to the project design. An informational Neighborhood Meeting with local residents was subsequently held on July 25, 2019. Based on comments from the Board and the public, the project plans were revised and a formal Design Review Permit application was submitted in November 2018, which was reviewed by the Board on August 6, 2019. The Board recommended project approval, with changes to the site with respect to location of A/C units, upgrades to the proposed Community Room, updating the units to be pre-wired for PV roof-top solar systems, and adding EV charging capacity in the garages. The current plans presented include all revisions recommended by the Board. The action of rezoning the property triggered the preparation of an Initial Study under the California Environmental Quality Act (CEQA) to evaluate potential impacts on the environment. The Initial Study concluded that all potentially significant impacts could be mitigated to a less-than-significant level. Therefore, a Draft Mitigated Negative Declaration was prepared for the proposed project and was released for a 30-day public review period, starting on November 8, 2019 through the Planning Commission hearing date of December 10, 2019. This project proposes a creative redevelopment to an underutilized infill site with much needed housing, on a site that is located near major employment and services and with a variety of transportation options. * As demonstrated in the analysis throughout this report, the project is consistent with the General Plan, Zoning Ordinance, Subdivision Ordinance and Civic Center Station Area Plan. Therefore, staff recommends approval of the project. RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt the attached Draft Resolution (Exhibit 2) recommending to the City Council the adoption of the Initial Study/Mitigated Negative Declaration and approval Mitigation Monitoring and Reporting Program (MMRP) for the residential development on the site; and 2. Adopt the attached Draft Resolution (Exhibit 3) recommending to the City Council the adoption the Planned Development Rezoning to a revised Planned Development District allowing residential development on the site; and 3. Adopt the attached Draft Resolution (Exhibit 4) recommending to the City Council the approval of the Environmental and Design Review Permit, Use Permit, Tentative Subdivision Map and Subdivision Exception. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 3 PROPERTY FACTS Address/Location: 350 Merrydale Rd/ Parcel Number(s): 174-041-27 & 28 3833 Redwood Hwy Property Size: 2.28 acres (99,150 sf) Neighborhood: Adjacent to San Rafael Meadows Site Characteristics | General Plan Designation | Zoning Designation | Existing Land-Use Project Site: General Commercial (GC) PD(1594) Adult day care North: * L/O (Light Industrial/Office) PD (1436) Public Storage South: GC/HDR (High Density HRI (High Density Retail, Restaurant, Residential Residential Residential)/GC East: N/A (Hwy 101 N/A State Highway West: Low Density Residential (LDR) R7.5 (Single Family) Residential Site Description/Setting: The project site is a flat “through” lot, fronting on both the east side by Merrydale Rd. and the west side of Redwood Highway. There are two existing easements on the project site: 1) a 25-foot wide Marin County Flood Control easement (and a 15-foot-wide maintenance access easement assigned to the City of San Rafael) along the north side of the property; and 2) a minimum 22-ft. wide roadway/utility easement along the east side of the property (running north to south) ‘to be quit claimed on recordation of a final map providing similar access rights. The project site is bordered on the north by Las Gallinas Creek - a “blue line” creek on the USGS maps and also listed as a creek in Exhibit 37 of Conservation Element in the San Rafael General Plan 2020. The creek straddles the northern property line of the site, with existing rip rap on the southern bank. Las Gallinas Creek has been described by the Marin County Flood Control District staff as a “highly disturbed” creek that flows into the South Fork of Las Gallinas Creek. To the north of the project site is a one-story Public Storage building complex. To the south of the project site are several two (2) and three (3) story apartment complexes located on the east side of Merrydale Rd, between Las Gallinas Ave. and Willow Ave. Across Merrydale (west of the project site) is the continuation of the Las Gallinas Creek and the fenced rear yards of several one-story, single-family homes fronting on Las Flores Avenue. Also, one block south at 3773 Redwood (fronting on Redwood Highway) is Oakmont of San Rafael, a three-story (35’ in height) senior living facility approved by the Planning Commission in January 2018 (construction drawings are currently in Building Permit Plan Check). BACKGROUND — The project site is currently zoned Planned Development (PD1594) and has an underlying General Plan land use designation of General Commercial. This PD(1594) zoning is specific to the existing use on site- a day care for up to 120 developmentally disabled adults. The existing site is developed with three (3) one- story classroom buildings and a parking lot. The site has operated since 1990, under a Use Permit approved by the Planning Commission (UP90-22). However, this Use Permit does not allow residential uses and therefore the project site is required to be rezoned to a new PD to accommodate the proposed residential development project. The proposed project was reviewed by Planning staff as a Pre-Application in January 2018, where city staff provided technical feedback on compliance with various codes and regulations based on a preliminary design. The project was then reviewed by the Design Review Board as a Conceptual Design on July 17, 2018. The Board took public comments and provided information to the applicant on potential changes to the project design. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 4 On July 25, 2018, the applicant also hosted a Neighborhood Meeting, with staff in attendance. Those members of the public in attendance were generally supportive of the proposed project with the changes since the conceptual design was presented and felt that it was good to have an investment in the community. However, they did have questions about traffic circulation and parking impacts to San Rafael Meadows residents, cumulative impacts from the Oakmont development traffic, potential future changes to the Hwy 101 freeway on/offramps, and future plans to widen Redwood Highway. The applicant revised the project in response to the Board’s comments, as well as to public comments. Changes to the plan included: 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft; 4) providing crane pads for creek maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale frontage property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed ADU's; 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); and 10) adding bio-retention information to landscape plan. The side yard setback along the south property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking spaces were eliminated in order to re-design and eliminate the proposed building encroachment into the required 25’ creek setback. On November 8, 2018, the applicant submitted their formal application to the City for consideration. The Design Review Board reviewed the formal application submittal on August 6, 2019. The Board was supportive of the project and recommended approval with additional minor modifications to relocate A/C units, improve access to the outdoor patio from the Community Room; and improve sustainability by incorporating pre-wiring in the units for PV roof-top solar systems and adding EV charging capacity in the garages. The current application reflects all changes requested by the Board. PROJECT DESCRIPTION Use: The project proposes to construct nine (9) three-story buildings, with 45 “for-sale” townhomes and stacked flat units. Each building will have a garage (1-car and 2-car) and a mix of two-bedroom units (25), three-bedroom units (12) and four-bedroom units (8). The 25 three-bedroom units include two Plan 3 floor plans that are typically 4 bedroom units restricted to 3 bedroom units with the lower level used as a bonus room. There are four (4) different floor plans each with variations proposed (see Plan Sheets A3 to A12). Unit sizes range from 836 sf to 2,119 sf. A total of 9 units would be Below Market Rate (BMR) units — Units #4, #9, #18, #19, #24, #29, #30, #36 and #43 (See Plan SP-2 for BMR unit location). Also see the Applicant’s Project Description (Exhibit 8). Affordability: The project would comply with the City’s affordable housing requirement by providing 20% of the units as affordable - a total of nine (9) as below market rate or BMR units. The project will provide five (5) of the 9 BMR units for sale to persons of low-income earning 50-80% of the area wide median income and four (4) of the 9 BMR units to persons of moderate-income earning 80-120% of the area wide median income adjusted for family size. Density: The project proposes to construct 45 for-sale townhome units. The underlying General Plan Designation for the property is General Commercial, which allows a residential density of 45-32 units/gross acre. This equates to between 34 units to 72 units allowed on the approximately 2.28 gross acre site. The Civic Center Station Area Specific Planjallows a density of up to 45 units/acre which results in 102 units. As such, the proposed 45 units would be consistent with the allowable density range under the GP 2020. State Density Bonuses for affordable housing are allowed if the project qualifies and requests a state density bonus. The applicantis.mot.requesting,a.State Density Bonus to increase the number of units on REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 5 site, but is nevertheless entitled to one Concession and an unlimited number of Modifications to standards that would physically preclude the construction of the project. The applicant has proposed that the PD zoning mirror the development and density standards of the High Density Residential (HR1) zoning district, (1 unit per 1,000 sq. ft. of lot area). Based on the HR1 district, the maximum number units allowed for the base density would be 99 units on the 99,150 sq. ft. project site. The proposed 45 units is well below the maximum HR-1 base density and the Civic Center Plan density. Site Plan: The proposed project is designed with nine (9) three-story buildings on the 2.28-acre project site (see Plan Sheet SP-1). Access to the site is proposed from both Merrydale Rd. and from Redwood Highway. The project would enhance the existing creek/maintenance easement area along the north side of the property with pedestrian improvements, landscaping and passive play activities for children. A total of 94 parking spaces are proposed on site. A total of 87 spaces are garages (including 20 tandem garage spaces), and 7 spaces are uncovered parking spaces (including one (1) ADA space). Three units are designed with one-car garages, but each will have access to one of the uncovered spaces on site. Separate guest parking is not required for projects that qualify for parking “concessions” in affordable housing projects, pursuant to SRMC Section 14.16.030.H. Required curb and gutter improvements will allow the creation of an additional four (4) on-street parking spaces along the east side of Merrydale Rd. that will be available as public parking. This is in addition to the existing 5 on-street parking spaces along the property frontage, for a total of nine (9) on-street parking spaces available for public parking. Architecture: With direction from the Design Review Board, the project is proposing a contemporary architectural style, using a mix of modern and traditional materials: stone, glass, and plaster. The plaster walls are further enhanced with strategically placed score lines and a rich palate of three different colors that provide interest and variety while maintaining a continuity of design. Accents of different materials such as horizontal wood toned siding appear at the projections as well as a neutral colored cut stone that grounds the buildings at the base and provides a rich texture for the pedestrian. Additional details consist of contemporary windows, simple posts, wire mesh railings and composition shingle roofing. The design includes recessed balconies (i.e., that do not extend beyond the building roof) and stepbacks to provide articulation and reduce building mass. Furthermore, each unit attains an identity through varied entry door colors. The proposed project design was reviewed and recommended for approval by the Design Review Board (see color renderings). A Colors and Materials Board will be distributed at the hearing. The applicant has submitted a discussion of his architectural design as part of the project description (see Exhibit 8). Landscaping: Plan Sheet L1 shows the proposed planting plan and landscape details for the project site. Also included are details for the existing creek area along the north side of the property. The project proposes to create a “dual use” Creek Promenade, combining pedestrian access, passive outdoor activity and children play opportunities (see Plan Sheet L2), a dual use 10’ wide pedestrian and vehicular access for creek maintenance. Sheet L4 shows examples of proposed fencing, benches, decking and furniture along the new Creek Promenade, as well as the patio area adjacent to the Community Room. A total of 28 trees are proposed to be removed from the site. Several existing trees will remain along the north side of the property near the creek and in other perimeter locations, as shown on Plan Sheet L1. A total of 55 trees are proposed throughout the project site: Wilson Olive, Brisbane Box, Capitol Pear, Strawberry Tree, Carolina Cherry and Sweet Bay. Also, Pacific Dogwood and Madrone Trees would be planted specifically along the “boardwalk” creek promenade. In addition to the soft landscaping, there is also hardscape proposed throughout the project site, including special paving at entries and cross walks, scored concrete paving, “permatrak” decking across the bio-retention areas, paseos, and permeable pavers along the creek _ promenade and driveways. Lighting: The project proposes to add a total of nine (9) light poles at a height of 12 feet and 46 light bollards (see Plan Sheet L11) as well as building wall sconce lighting as shown on Plan Sheet A-33. A Photometric Lighting Plan was provided. Grading/Drainage: A total of 7,500 cu. Yds. of material are estimated to be moved on the project site, with approximately 4,500 cu.yds. of import and 2,000 cu.yds. of export. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 6 Planning Entitlements: The project includes requests for the following Planning entitlements: 1. Rezoning (ZC19-002) to a new Planned Development (PD) that mirrors the HR1 District standards, allowing residential use on the property and allowing redevelopment of a site with an existing non- conforming minimum lot size (less than the 2.5 acres required). 2. Environmental and Design Review Permit (ED18-100) to allow the construction of the proposed new buildings and the site improvements. 3. Tentative Subdivision Map (TS18-006)) to allow the creation of 45 “for sale” air space condominium units. Subdivision Exception (EX19-012) to the local street width and pavement width requirement. Use Permit (UP18-039) to allow phased and/or multi-tenant development. Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) demonstrating all identified potential impacts to the environment can be mitigated to a less-than-significant level. 9 O 小 ANALYSIS San Rafael General Plan 2020 Consistency: The proposed residential development project has been reviewed for consistency with the General Plan 2020. There are numerous policies and programs that are pertinent to the site and the project. The General Plan contains many competing policies that need to be weighed and considered. Consistency with a General Plan is determined by reviewing and weighing the goals and polices of all elements of the San Rafael General Plan 2020. On balance, the proposed residential development would be consistent with the pertinent policies and programs of the General Plan 2020. The General Plan land use designation of General Commercial (GC) allows residential uses at a density of 15-32 units/gross acre. Based on this density, the 99,150 sq. ft. site (2.28 acres) would be allowed 34 to 72 units. Gross density is used for long-range planning purposes and is the number of units per acre devoted to a site plus the area of streets and other public improvements (parks public facilities, etc serving those areas). Gross density is approximately 20 to 30 percent lower than net density. Net density is used in the Zoning Ordinance to determine project-specific densities and is the number of dwelling units per acre of land devoted to the site. Net density does not include the area of streets and other public improvements serving those sites and is approximately 20 to 30 percent higher than gross density. The proposed zoning designation for this site is to remain a PD District, but utilize the development standards and density to mirror the HR1 (High Density Residential) zoning district which allows 1 unit for every 1,000 sq. ft. of land area. Based on this standard, the site would be allowed up to 99 units (99,150 sq. ft. of land area/ 1,000 density). The project proposes a total of 45 units and would therefore be consistent with the allowable density range. In general, the density is appropriate for the site given site given the compatibility of the surrounding area, and infrastructure and traffic capacity to support the residential development. Staff has evaluated the project and found it to be consistent or consistent with conditions for the applicable San Rafael General Plan 2020 Policies and Programs, including the following Elements: Land Use, Housing, Neighborhoods, Community Design, Circulation, Infrastructure, Sustainability, Culture and Arts, Parks and Recreation, Safety, Noise, Conservation, and Air and Water Quality. A brief summary of staff's analysis of key policies is below. A complete analysis of all pertinent policies and programs is presented in the attached General Plan Consistency Table (Exhibit 5). Land Use Policies According to Exhibit 11 (Land Use Categories) of the General Plan, the General Commercial (GC) use category defines allowable land uses as “General retail and services uses, restaurants, automobile sales and service uses, and motel/hotels. Residential Land Uses are allowed at a density of 15-32 units/acre. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 7 The project site is comprised of 2.28 acres, which would equate to an allowable density of 34-72 units. The proposed 45 residential units would be consistent with the allowable density range. allowed by Policy LU-8 (Intensity of Residential Development). Furthermore, the project, as proposed would be compatible with the existing uses, and specific project impacts have been analyzed as part of the required CEQA review, with an Initial Study/Mitigated Negative Declaration detailing appropriate mitigation measures that reduce any impact identified to a less-than-significant level. Housing Element The project proposes to construct a nine (9) new, three-story residential buildings with a total of 45-units. The proposed new residential development serves to accommodate the projected need for 1,007 additional housing units in the City by the year 2023 by adding 45 additional for-sale housing units to the City’s housing stock. A total of nine (9) of these housing units would be deed-restricted as “affordable” housing; five (5) of these housing units would be deed-restricted for sale or rent to low-income households and four (4) units deed-restricted for sale or rent to moderate-income households. These would contribute to the City’s need for 148 low-income housing units and 181 moderate housing units by the year 2023. The proposed project is a lot located close to public transit and the Civic Center SMART station. Community Design Element The project site is located across the street from the San Rafael Meadows neighborhood, an established and predominantly singly family neighborhood on the west side Merrydale Rd. The project would re- activate the site and bring a greater level of pedestrian activity along Merrydale Rd. The project would also add landscaping, improve sidewalks and add new lighting to the project site. The design of the project has been revised based on resident comments at multiple neighborhood meetings and from comments from the Design Review Board. The Board formally recommended approval of the project on August 6, 2019. The IS/MND has identified light and glare from the new development as a potential project impact. Implementation of Mitigation Measure AES-1 (Aesthetics) in the MMRP would reduce impacts to a less-than-significant level. Circulation Element Circulation Policy C-5 (Traffic Level of Service Standards) establishes level of service (LOS) E as the acceptable LOS for the intersection at Merrydale Rd. and Las Gallinas Ave. Proposed project impacts on circulation have been analyzed as part of the required CEQA review, and the Initial Study/Mitigated Negative Declaration prepared determined the following: > Existing Plus Project Conditions: Upon the addition of project-related traffic to Existing volumes, both study intersections are expected to operate acceptably at the same levels of service as under Existing Conditions. If signalized, Merrydale Rd./US 101 South Ramps would be anticipated to operate at LOS C during both peak hours. > Future Plus Project Conditions: The addition of project-generated traffic to the anticipated Future volumes the study intersections are expected to continue operating acceptably overall and at the same acceptable levels of service. With signalization, Merrydale Rd./US 101 South Ramps would be expected to operate at LOS C or D during both peak hours. A licensed traffic-engineering firm, W-Trans, reviewed the proposed project and prepared a traffic impact report, dated October 3, 2019. The proposed project will result in additional trips generated at the site. The project is within the intensity of development and maximum density of development assumed under the San Rafael General Plan 2020 (15-32 units per acre or 34-72 dwelling units) and, therefore, cumulative impacts have been analyzed and found to be acceptable. The City’s Traffic Engineer has determined that the project would result in a total of 35 net new peak hour trips (17 AM peak hour and 19 PM peak hour trips). A complete analysis of the project's potential impact on Transportation is detailed on Pages 80-85 in the IS/MND. The IS/MND determined Transportation/Traffic impacts resulting from the REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 8 project would result in a less-than-significant impact with mitigation measures. As such, the project as proposed is consistent with General Plan Policy C-5. Policy C-7 (Circulation Improvement Funding): The project would result in a total of 35 peak hour trips - (17 AM peak hour and 19 PM peak hour trips). As a condition of approval (using current traffic mitigation fee rates), the project would be required to pay an estimated $152,856 in traffic mitigation fees, which would contribute to planned improvements in the area. This fee shall be calculated and due at the time of building permit issuance. Policy C-26 (Bicycle Plan Implementation): The goal of this policy is to make bicycling and walking an integral part of daily life in San Rafael by implementing the San Rafael’s Bicycle and Pedestrian Master Plan. The proposed project will be required to provide bicycle improvements along Merrydale Rd. in keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan. The Plan identifies Merrydale Rd. for a Class III Bike Route. The applicant will be required to install the appropriate signage and striping along Merrydale to signify that the street is a Class III Bike Lane. Cyclists and pedestrians will be able to use the existing “link” to the SMART train by heading west down Las Gallinas Ave, where they would reach the signalized pedestrian grade crossing, allowing them to legally cross the railroad tracks and access the existing SMART Multi-Use Path (MUP) on the west side of the tracks. The proposed project will add a new sidewalk along the portion of Merrydale fronting on the project site. However, the IS/MND analysis found that existing pedestrian facilities in the project area are discontinuous, including gaps in the in Merrydale Rd and Redwood Highway south of the project site. To reduce potential impacts related to circulation systems, implementation of Mitigation Measure TRANS-1 (Transportation) in the MMRP would reduce impacts to a less-than-significant level. Noise Element The Noise Element of the General Plan 2020 includes policies that determine the suitability of new land uses depending upon the extent of noise exposure in the area and limit the extent of new noise sources that proposed development can add to existing noise levels. Noise Policies N-1 (Noise Impacts on New Development) and N-3 (Planning and Design of New Development): The primary noise source at the site is vehicular traffic along US-10 | and local traffic along Merrydale Rd. US-101 is elevated by about 10 feet above the project site. Residential and commercial structures surround the project site. A noise monitoring survey was performed by Illingworth and Rodkin in the vicinity of the project site beginning Monday, May 21, 2018 and concluding on Thursday, May 24, 2018. The monitoring survey included two long-term noise measurements and five short-term measurements and are documented in the Report. > Interior Noise Levels: The City of San Rafael requires that interior noise levels be maintained at 40 dBA Ldn for bedrooms in residential units not in downtown and 45 dBA Ldn otherwise. Although the project is not located in downtown San Rafael, it is recommended that the 45 dBA Ldn criteria be used due to its proximity to US-101. The east facades or buildings 3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be | partially shielded by the buildings to the east and would be exposed to 67 dBA Ldn. The west facade of Buildings | and 9 would be exposed to traffic noise from Merrydale Rd up to 58 dBA Ldn. Interior noise levels would vary depending upon the design of the buildings (relative window area to wall area) and the selected construction materials and methods. Standard residential construction provides approximately 15 dBA of exterior-to-interior noise reduction, assuming the windows are partially open for ventilation. Standard construction with the windows closed provides approximately 20 to 25 dBA of noise reduction in interior spaces. The calculated interior noise levels of all townhomes would exceed the 40 dBA Ldn threshold with windows partially open. Building 2 through Building 7 would also exceed the 45 dBA Ldn threshold with windows REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 9 partially open. With standard construction and forced-air ventilation, allowing occupants the option of keeping windows closed to control noise, Buildings 1, 2, 8, and 9 would achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The minimum STC ratings required for windows in Buildings 3 through 7 to achieve the 40 dBA Ldn and 45 dBA Ldn thresholds is summarized in Table 5 (Page 22) of the Illingworth & Rodkin Report. Where STC rated windows are recommended, windows are assumed to be in the closed position, requiring forced-air ventilation to allow occupants the option of keeping windows closed. As a result, to ensure consistency with the San Rafael General Plan, Illingworth & Rodkin recommends incorporation of conditions of approval including providing suitable form or forced-air mechanical ventilation, and sound rated construction for Building 3 through Building 7 to maintain interior noise levels at acceptable levels. These conditions are included in Design Review Permit COA #25 would be implemented prior to issuance of building permits by the San Rafael Building Department. Where exterior noise levels range from 60 to 65 dBA Ldn, the inclusion of adequate forced-air mechanical ventilation can reduce interior noise levels to acceptable levels by allowing occupants the option of closing the windows to control noise. Where noise levels exceed 65 dBA Ldn, forced-air mechanical ventilation systems and sound-rated construction methods are normally required. > Exterior Noise Levels: The City's acceptable exterior noise level objective is 60 dB Ldn or less for residential, hotels, schools, playgrounds and outdoor areas, 65 dB Ldn for office and commercial land use, 70 dB Ldn for industrial, agricultural and manufacturing land use (Exhibit 31 of the San Rafael General Plan). The community open space area between Building 2 and Building 3 would be exposed to 52 dBA Ldn. Exterior noise levels would meet the City's acceptable exterior noise level criteria of 60 dBA Ldn for residential use at the community open space area between Buildings 2 and Building 3, but would exceed the criteria at the community open space area along the proposed creek promenade adjacent to US Hwy-101. Due to the elevation differences between US Hwy-101 and the community open space area, noise barriers constructed outside of the Caltrans right-of-way would provide only minimal noise reduction in this area. The community open space between Building 2 and Building 3 would meet the City's acceptable exterior noise level objectives with no additional noise reduction measures. The primary noise sources at the site would continue to be vehicular traffic on US- 101 and Merrydale Rd. US-101 is elevated by about 10 feet above the site. Based on traffic volumes provided in the Traffic Impact Assessment Report prepared for the proposed project, traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future conditions (2040) due to increases in traffic volumes on Merrydale Rd. An increase in 1 dBA would be barely detectable to typical human hearing and is not considered a significant increase and as such, the impact would be less-than-significant. However, to reduce potential impacts from construction noise implementation of Mitigation Measure NOISE-1 (Noise) in the MMRP would reduce impacts to a less-than-significant level. Conservation Element Policies in the Conservation Element require that environmental resources be protected. Policy CON-6 (Creek and Drainageway Setbacks). Requires development-free setbacks, except for specific access points as approved per policy CON-7 (Public Access to Creeks), from existing creeks and drainageways. Appropriate erosion control and roadway crossings may encroach into the development setback. Additionally, a 25-foot development-free setback from the top of creek banks for all new development and setbacks up to 100 feet may be required on lots or development projects two or more acres in size where development review determines a wider setback is needed to maintain functions and resulting habitat values and in areas where high quality riparian habitat exists. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 10 The northern portion of the project site includes a portion of Las Gallinas Creek, running east to west across the project site. Las Gallinas Creek is identified as a blue-line creek. The project applicant contracted the services of WRA, Inc. to prepare a Biological Constraints Report. On March 5, 2015, WRA biologists conducted a field assessment of the Study Area. The subsequent report (dated March 28, 2019) determined no federally-protected species or habitats existed on the project site. However, the report recommended a condition of approval be included requiring pre-construction nesting bird surveys and a timeline for any trees proposed for removal and protections for roosting bats. See discussion under Policy CON-13 below. Three (3) of the proposed nine (9) buildings are located near the existing creek on the north side of the property. None of the buildings would encroach into the 25’ creek setback. The project is proposing to create a “dual purpose” creek promenade which would be designed to allow both provide pedestrian access and a 10’ wide dedicated maintenance easement along the south side of the creek. These improvements would encroach into the 25’ creek setback. However, SRMC Section 14.16.080.D (Creeks and Other Watercourses) specifically encourages pedestrian and bicycle access along creeks and drainageway, and the proposed project design is designed with new landscaping, benches, fencing, and active children play areas that will serve to enhance the creekside area. The fencing would be removable so that maintenance vehicles can access a 10’ wide permeable paver pathway. The proposed improvements have been reviewed and collectively supported by Planning staff and DPW. The applicant has also presented the project to the County at their Marin Project Coordination Meeting (MPC). This is a monthly meeting hosted by the Marin County Stormwater Pollution Prevention Program (MCSTOPPP) to review and guide projects through the environmental and regulatory process. The proposed project received input from staff representing the Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, NOAA Fisheries and Marin County Flood Control District. The proposed creek promenade features and proposed landscaping along the south bank of the creek were re-designed based on input from these agencies. Policies CON-13 (Threatened and Endangered Species) and CON-14 (Special Status Species) encourage the preservation and protection of threatened and endangered species of plants and animals formally listed consistent with the state and federal endangered species acts including protection of their habitat as well as candidate species for listing. As documented in the Biological Section of the Initial Study, the biological assessment prepared for this project found there were no threatened/endangered or special status species on the project site. However, to reduce potential impacts to nesting birds and bats, implementation of Mitigation Measure BIO-1 (Biological Resources) in the MMRP would reduce impacts to a less-than-significant level. Zoning Ordinance Consistency: The project has been reviewed for consistency with the San Rafael Zoning Ordinance. A complete analysis of the pertinent regulations (standards, criteria and findings) is presented in the attached Zoning Ordinance Consistency Table (Exhibit 6). Overall, the project would be consistent with all applicable regulations of the Zoning Ordinance, including property development standards, affordable housing requirements, creek setbacks, parking requirements and design, and design and review criteria. A summary of the pertinent regulations are discussed below. Chapter 14.07 (Planned Development) _ The project site is currently zoned PD(1594), which does not allow residential uses. Therefore, both parcels would have to be rezoned to accommodate the proposed project, as well as to allow redevelopment of a site with an existing non-conforming minimum lot size (minimum lot size for the PD zone is 2.5 acres and the project site is 2.28 acres). The purpose of the Planned Development (PD) is to allow innovative design on large sites, by allowing flexibility in development standards, promote clustering on large sites to avoid sensitive areas, as well as other reasons cited in SRMC 14.07.010. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 11 Pursuant to Zoning Ordinance 14.07.035: “the Community Development Director shall determine based on development characteristics, use and density, and the contiguous zoning districts, a zoning district adopted within this title that is most compatible to the PD district. The regulations and spatial standards of the most compatible zoning district shall be applied, subject to the approval of an environmental and design review permit.” The City supports the proposed re-zoning to a new PD District but has determined that the most compatible project design would be one that incorporates the style of the surrounding two-and three-story, multi-family properties on the east side of Merrydale, which are zoned HR1 (High Density Residential). This design choice is more appropriate than using the R7.5 (Single Family Zoning) design of the residential homes along the west side of Merrydale. The required rezoning will trigger Environmental (CEQA) Review (Initial Study/Negative Declaration), and City Council approval with the recommendation of both the Design Review Board and Planning Commission. In terms of density, SRMC Section 14.17.030 stipulates that “the total number of dwelling units in a PD plan shall not exceed the maximum permitted by the General Plan 2020 density for the total site area.” The underlying General Plan Designation for the property is General Commercial, which allows a residential density of 15-32 units/gross acre. This equates to between 34 units to 72 units allowed on the approximately 2.28 gross acre site. In addition, as noted above, the General Plan density ranges are gross density, which are 20-30% less than the net density (once public roadways, public facilities, etc. are removed). Regardless of the net density which would allow up to 99 units on the site, the proposed 45 units would be consistent with the allowable density range under the GP 2020. State Density Bonuses for affordable housing are allowed if the project qualifies and requests a state density bonus. The applicant is not requesting a State Density Bonus to increase the number of units on site. Based on the HR-1 Development Standards (1 unit per 1,000 sq. ft. of lot area) the maximum number units allowed for the base density would be 99 units on the 99,150 sq. ft. project site. The proposed 45 units is well below the maximum HR1 base density. In terms of height, the proposed height (33.5 ) is below the maximum 36’ maximum height allowed per Exhibit 8 in the GP 2020. The project is proposing to be a “phased” development, tentatively commencing in the Spring of 2020 with Phase One (Buildings 1-4 on the north portion of the property, including creek enhancement). All necessary infrastructure improvements would be constructed as part of a “pre-phase” prior to the Phase One development. Staff is supportive of the phased development, and specific timelines for development are stipulated in the Master Use Permit (UP18-039). See additional details on project phasing in the Use Permit discussion on Page 12. Chapter 16 - Noise Standards Based on information in the Acoustical Report by Illingworth and Rodkin, the IS/MND analysis indicated that with standard construction and forced-air ventilation, interior noise for Buildings 1, 2, 8 and 9 would meet the 40 dBA and 45 dBA threshold. With proper project design as recommended in the Illingworth and Rodkin Noise Assessment (forced-air mechanical ventilation and sound rated construction for all buildings on site) interior noise levels are would be maintained at acceptable levels. A full discussion of noise impacts are detailed in the IS/MND and also in the General Plan Consistency Analysis section of this staff report (Page 6). Chapter 16 — Site and Use Regulations (Creeks and Other Watercourses) The Las Gallinas Creek straddles the property boundaries, on the north side of the project site. SRMC Section 14.16.080 requires a twenty-five foot (25’) or greater setback between any structure and the high top of the creek bank. None of the proposed residential buildings would encroach into the 25’ creek setback. The proposed 25’ creek setback does permits the provision of adequate and attractive natural landscaping as well as necessary walkways. The plan proposes to create a “dual use” creekside area, providing a 10’ vehicular access Rd (with permeable pavers) for trucks to be able to access the creekside and also provide pedestrian promenade with new landscaping, children activities, removable bollards/fencing and benches on the south side of the creek. The proposes a 25’ creek setback is sufficient to construct a project that will not negatively impact the existing creek. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 12 Chapter 18 — Parking The parking requirement for the project is based on the number of bedrooms proposed. The parking required (per SRMC Section 14.18.040) for 2-bedroom units and 3-bedrooms units (or more) is the same: 2 parking spaces per unit (including | covered space). However, the State Density Bonus parking requirement is 2.5 parking spaces for 4 bedroom units. The project is proposing a total of 45 units with the following breakdown: Table 1: 350 Merrydale Rd/3833 Redwood Hwy Parking Bedrooms Total Quantity City Requirement State Requirement | Proposed 2-bedroom 25 units 50 (2 spaces/unit) 50 (2 spaces/unit) 50 3-bedroom 12 units 24 (2 spaces/unit) 24 (2 spaces/unit) 24 4-bedroom 8 units 16 (2 spaces per | 20 (2.5 spaces per | 20 unit) unit) Total 45 units 90 spaces 94 spaces 94 spaces The project complies with both the Chapter 18 standards and the State Density Bonus standards by providing 94 parking spaces on site (including one ADA space). As an affordable housing project providing 9 BMR units, the project qualifies for one (1) parking concession, which allows the parking on site to be provided through tandem and uncovered spaces (pursuant to SRMC Section 14.16.030.H.3.a.i). Guest parking and ADA parking are considered inclusive of the required parking as part of the parking concession. The project proposes to provide a total of 20 tandem parking spaces (for Plan 1 and Plan 5X) and also 7 uncovered parking spaces (including 1 ADA space). The location of the uncovered parking spaces is shown on Plan Sheet SP-2 which shows four (4) spaces on Private Street “A” near Building 5, two (2) spaces on Private Street “B” on the south east corner of Redwood Hwy (across from Buildings #5 and #6) and 1 ADA space on private Street “B” (east of Building #4). See table on Plan Sheet SP-1 for parking breakdown for each building. In addition, the re-design of the street and curb cut for the proposed development will provide additional on-street parking along the east side of Merrydale. Currently there are five (5) on-street parking spaces and the project would add four (4) additional parking spaces for a total of nine (9) on-street parking spaces along Merrydale. Chapter 22- Use Permit Section 14.22.040 of the Zoning Ordinance permits the approval of a Master Use Permit, where multiple land uses or phasing are proposed on a site and the PD District requires approval of a Master Use Permit. The Master Use Permit is logical and reasonable for the site given that the Master Use Permit would : 1) authorize and address the proposed change in use on the site from the approved day care use for developmentally disabled adults to redevelopment as a 45-unit residential condominium project; 2) authorize the proposed phased development of the project site from a “pre-phase” (on and off-site improvements) to complete building Phase 1 -construction of Buildings 1-4 and all landscaping north of Private Street “A” (Fall 2021) and Phase 2- construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping (Summer 2022), and 3) sets time limits for each phase of the development and specifies requirements timelines (and extensions) needed to vest development on the site. Also see Page 14 of the applicant’s project Narrative for more details on the phased developed (Exhibit 8). The Master Use Permit identifies permitted uses, how future changes to uses are processed, and establishes conditions of approval. Findings necessary to approve the Use Permit are discussed in the Draft Resolution (Exhibit 5). REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 13 Chapter 25 - Environmental and Design Review Permit The Development Plan, building architecture and site improvements are subject to Design Review. The Environmental and Design Review Permit would accompany the site development plan and approve the building design, site plan and design-related improvements pursuant to Chapter 25 (Environmental and Design Review of Major Physical Improvements). The design criteria applicable to the development include review of the project for high quality design that is sensitive to the neighborhood and surrounding environment. The City of San Rafael Design Review Board (DRB) has reviewed the design of the proposed 45-unit residential project for consistency with applicable design review criteria Chapter 25 of the Zoning Ordinance and the San Rafael Residential Design Guidelines and Civic Center Station Area Plan. The Board has recommended project approval, as noted in the Design Review Board section below (Page 14). Chapter 15 -Subdivision Ordinance Consistency The project has been reviewed for consistency with the San Rafael Subdivision Ordinance. Overall, the project would be consistent with all applicable regulations of the Subdivision Ordinance, including the provision of an indoor “Community Room” (with kitchen/bathroom, chairs and tables and outdoor patio area with BBQ thus meeting the requirement for recreational facilities for condominiums. However, the proposed street width is not consistent with the requirements per Chapter 15.06.050 (Street classification and requirements). The City standard per 15.06.050 (c) is that local streets provide a minimum ROW of 60’ and a minimum pavement width of 40’. This project is requesting an exception to allow a private street with an easement of 30’ and a minimum pavement width of 20’ and also providing at least one sidewalk. This requires approval of an Exception request, pursuant to SRMC Section 15.01.120 (c). The City Engineer has reviewed the project and is in support of the Exception request. A complete analysis of the pertinent regulations (standards, criteria and findings) is presented in the attached Subdivision Ordinance Consistency Table (Exhibit 7). Findings necessary to approve the Subdivision Exception are discussed in the Draft Resolution (Exhibit 4). Civic Center Station Area Plan Consistency: The Civic Center Station Area Plan as amended by the City Council on September 16, 2013, puts forth a “vision” for the % mile area surrounding the Civic Center SMART Station, which includes the following: > Maximum residential density of 44 units/acre: The project site proposes 19 units/acre. > Building heights are limited to 36 feet, except in the neighboring single family residential neighborhood, where the height limit is 30 feet. The project site is not located in a single family zoning district. However, the project proposes a building height of 33.5’ and also eliminated the proposed roof decks based on concerns by neighbors about lack of privacy. At the recommendation of the Community Development Director (per SRMC Section 14.07.035), the rezoned PD will follow the development standards for the similarly zoned HR1 properties to the south of the project site. > Building articulation and varied setbacks to prevent a solid wall appearance: The proposed buildings along Merrydale Rd. are setback 15 feet from the front property line, and planted with trees and low shrubs. The buildings are designed with articulation (windows and balconies), as well as varied building materials to provide visual interest. In addition, new street trees will be planted along the Merrydale Rd. frontage and additional shrubs will be planted throughout the project site. > Encourage multi-family housing on properties closest to the Civic Center SMART station. The project site is located adjacent to the last developed lot on the east side of Merrydale Rd. (Public Storage business). REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 14 ENVIRONMENTAL DETERMINATION The project site is zoned Planned Development (PD1594) and is specific to the existing use on site - a day care for up to 120 developmentally disabled adults. The proposed 45-unit residential development would require a re-zoning of the property to establish a new Planned Development zoning district. Re- zoning actions are not categorically exempt from California Environmental Quality Act (CEQA) and as such, an Initial Study was required to identify and evaluate potential significant impacts to the environment. Pursuant to CEQA Guidelines Section 15060, staff (with the assistance of a third-party environmental planning consultant Sean Kennings, LAK Associates) has conducted a preliminary review of the project application, plans and supportive studies and reports to determine whether the proposed project is subject to environmental review (CEQA). Based on this review, staff has prepared an Initial Study/Mitigated Negative Declaration (IS/MND). Consistent with CEQA Guidelines Section 15073, the IS/MND was published and made available on November 8, 2019 to meet the minimum 30-day public review period prescribed by CEQA Guidelines. A notice of Completion was filed with the State Clearinghouse and Notice of Availability of the IS/MND was mailed to all responsible or trustee agencies, and other interested parties. The public review period typically coincides with the Planning Commission public hearing; therefore the 30-day public review period is set to end on December 10, 2019. A copy of the IS/MND was distributed to the Commission at the start of the public review period, and a copy of the document can be found here. To date, the City has received no comments on the Initial Study/Negative Declaration. The Initial Study/Mitigated Negative Declaration (IS/MND) concluded that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources. The draft IS/MND, along with copies of all studies used in preparing the Initial Study, are provided on the project page (www.cityofsanrafael.org/350merrydale). The project impacts would be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the attached Mitigation Monitoring and Reporting Plan (MMRP) and IS/MND. The IS/MND document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15063 of the California Environmental Quality Act (CEQA). Furthermore, the IS/MND will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required by a responsible agency. The draft resolution adopting the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program is attached as Exhibit 2. All mitigation measures prescribed by the IS/MND have also been incorporated as conditions of approval of the project entitlements in the Resolution conditionally approving the Design Review Permit, Use Permit, Tentative Map and Subdivision Exception (Exhibit 4). ‘DESIGN REVIEW BOARD RECOMMENDATION The Design Review Board (Board) reviewed the proposed project as a Conceptual Design (July 17, 2018) and later as a formal project review on August 6, 2019. Both Design Review Board meetings may be reviewed online at: http://www.cityofsanrafael.org/meetings/ by clicking on “Design Review Board” under “Archived Meetings” and click on the “video” link to the specific meeting date. On July 17, 2018, the Board reviewed the project as a conceptual review (Commissioner Schoppert as PC liaison). The Board heard public comments from five (5) local residents who expressed concern REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 15 about reduced privacy from the proposed roof decks, building height, lack of adequate landscaping, potential creek flooding, noise from the proposed decks, light pollution, impacts to on-street parking, and the lack of off-site improvements for a bike path. There were also comments in support for the number of units proposed, the project design and support for the option of allowing future ADU’s on the site. The Board was largely supportive of the proposed building design but recommended changes, including reducing bulk and mass, replacing one proposed tree species, greater sensitivity to potential privacy impacts on neighbors resulting from the proposed roof decks, increasing the front setback along Merrydale to comply with the required 15’ front setback, improving recreational activities for children on the site, addition of a Community Room, and provide information for the required trash enclosure. On August 6, 2019, the Board considered the formal application. The Board’s recommendations from the conceptual review were incorporated into the formal design review permit application. The Board heard comments from five (5) residents and a representative from the Board of the Civic Center Arms HOA (a townhome development located south of the project site at 260 Merrydale Rd). Two of the people spoke as representatives of Sustainable San Rafael and expressed support of having residential development close to transit, but were concerned about the lack of solar options (pre-wiring the building) and the lack of EV charging stations. Other comments s expressed support for the new housing and also expressed concern about light pollution and needing better public access to the new creek promenade. One resident on the Board of the Civic Center Arms HOA (located to the south of the project site at 260 Merrydale Rd) presented 14 points in support of the project and also 8 points of concern in a 3-page letter (see Exhibit 9). The Board was supportive of the revised project and recommended conditional approval with the following revisions: 1) relocation of some ground level A/C units to minimize visual impacts; 2) improve access to the outdoor patio from the Community Room; 3) improve sustainability by updating the units to be pre-wired for PV roof-top solar systems and add EV charging capacity in the garages. The Board voted 3-0-2 (Commissioner Schoppert served as PC liaison) to recommend project approval to the Planning Commission (Saude motion with Rege 2™. 3-0-2 vote (Members Paul, Rege and Saude “ayes” and Members Kent and Summers absent) with the following consensus recommendations: e Community /Recreation Room and adjacent Paseo promenade needs to provide a more integrated indoor/outdoor common amenity for the residents. e Visual impacts of A/C units need to be mitigated better along public areas (paseo and creek promenade) and Merrydale frontage. The applicant is encouraged to explore greater landscape screening and/or relocating and grouping the A/C units to the interior ends of the buildings. e The project needs to incorporate greater sustainability into the design, including, but not limited to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar systems. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 16 In evaluating this proposed project and whether the findings to grant an Environmental and Design Review Permit can be made, staff has provided analysis on the certain issues relating to the design of the proposed project. These issues are a culmination of design-related issues that have been raised through the neighborhood meetings, Design Review Board meetings, and correspondence received on the project. Staff is generally support of the project design choices and has determined that the project is consistent with the intent of both Chapter 25 and the San Rafael Residential Design Guidelines in that: 1) the proposed development has been designed with elements recommended by the Board during both Conceptual Design Review and formal review; 2) the exterior materials are a mixture of several materials to add interest to all building elevations and create a contemporary look for the site; 3) the buildings along Merrydale Rd. are oriented to the street with a define primary entry pathway; 4) paseos on site and the creek promenade will promote pedestrian gathering; 5) landscaping would be added to the site, including a total of 55 trees and a variety of shrubs and perennials; and 6) the existing Las Gallinas Creek has been enhanced and incorporated into the project site as a recreational amenity. A complete analysis of the pertinent Chapter 25 regulations (standards, criteria and findings) is presented in the attached Zoning Ordinance Consistency Table (Exhibit 6). Findings necessary for approval of the Design Review Permit are also detailed in the Draft Resolution (Exhibit 4). NEIGHBORHOOD MEETING / CORRESPONDENCE The proposed rezoning of the project site triggers the requirement for a Neighborhood Meeting (including a public notice and a sign posted at the site). The Neighborhood Meeting was held on July 25, 2019 at the project site and notice of meeting was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 400-foot radius of the project site, the appropriate neighborhood groups (San Rafael Meadows), and all other interested parties, 15 calendar days prior to the date of this hearing. Additionally, a notice was posted on the project site, along both Merrydale Rd. and Redwood Highway frontages a minimum of 15 calendar days prior to the date of the meeting. Staff project planner Caron Parker was in attendance at the meeting to answer general questions about the planning process and take notes. There were eight (8) persons in attendance at the meeting. The project applicant presented the proposed project, including revisions to the project since the Conceptual Design Review Board hearing on July 17, 2018. Those in attendance were generally supportive of the proposed project with the changes since the conceptual design was presented to the Board and felt that it was good to have an investment in the community. However, they did have questions about traffic circulation and parking impacts to San Rafael Meadows residents, cumulative impacts from the Oakmont development traffic, potential future changes to the Hwy 1010 freeway on/offramps, and future plans to widen Redwood Highway. The applicant also scheduled several informal meetings with neighbors which staff did not attend. Notice of hearing for the August 6, 2019 Design Review Board hearing and this December 10, 2019 Planning Commission hearing were conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 400-foot radius of the subject site and the San Rafael Meadows HOA and all other interested parties, 15 calendar days prior to the date of all Design Review Board meetings, and 30-days prior to this Planning Commission hearing due to the public review period for the Mitigated Negative Declaration. Staff received a several comments about the project as part of the Design Review Board hearings. All comments received to date are attached as Exhibit 9. As a result of noticing on this Planning Commission hearing, staff received one (1) letter in support of the project. Any public comments on the project received after the printing of staff's report will be provided to the Commission under separate cover. REPORT TO PLANNING COMMISSION - Case No: ZC19-002/ED18-100/TS18-006/EX19-012/UP18-039 Page 17 OPTIONS The Planning Commission has the following options: Recommend approval of the applications to the City Council as presented (staff recommendation) 2. Recommend approval of the applications to the City Council with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns 4. Deny the project and direct staff to return with a revised Resolutions. EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution Recommending Adoption of a Mitigated Negative Declaration and approval of a Mitigation Monitoring and Reporting Program 3. Draft Resolution for recommending adoption of a Planned Development (PD) Rezoning 4. Draft Resolution recommending approval of the Design Review Permit, Use Permit, Tentative Subdivision Map and Subdivision Exception General Plan 2020 Consistency Table Zoning Ordinance Consistency Table Subdivision Ordinance Consistency Table Project description: Applicant's narrative Public Comments OO N A A 11” x 17” plans (distributed to the Planning Commission only) Initial Study/Mitigated Negative Declaration (distributed to Planning Commission only) Please note, copies of the plans and the Initial Study/mitigated Negative Declaration can be viewed at www.cityofsanrafael.org/350merrydale SanRafael 12/4/2019 Legend 4252.08 x 2826.97 (ft) 3826.9226 1 feature(s) selected on 1 layer(s) EXHIBIT 1 1/1 ais.cityofsanrafael.org/sanrafael/fusion.php RESOLUTION NO. RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND APPROVAL OF THE MITIGATION MONITORING AND REPORTING PROGRAM FOR A REZONING (ZC19-002), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-100), TENTATIVE MAP (18- 006), MASTER USE PERMIT (UP18-039), AND SUBDIVISION EXCEPTION (EX19-012) FOR THE DEMOLITION OF THE EXISTING ONE-STORY BUILDINGS ON SITE AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE? MULTI FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on October 16, 2017, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted plans for a Pre-Application review of a proposed demolition of existing buildings and redevelopment of the site with 9 new buildings with a total of 44 residential townhome units the 2.28 acre site, including parking, landscaping and creekside enhancements; and WHEREAS, on January 18, 2018, Planning staff provided comments on the pre-application, with additional comments from other City departments and relevant outside Agencies; and WHEREAS, on April 25, 2018, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted an application for a Conceptual Design Review for the construction of 45 for sale townhome units, and associated site improvements; and WHEREAS, on July 17, 2018, the Design Review Board held a duly noticed public hearing on the conceptual design of the proposed project and provided recommendations to the applicant; and WHEREAS, on November 8, 2018, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted a formal application for Planned Development (PD) Rezoning (ZC18- 002), Environmental and Design Review Permit (ED18-100), Tentative Map (TS18-006), Master Use Permit (UP18-039) and Subdivision Exception (EX19-012); and WHEREAS, on July 25, 2019, the applicant held a Neighborhood Meeting at the project site, which was duly noticed by the City to residents and property owners within 400’ of the project site; and WHEREAS, on July 6, 2019, the Design Review Board held a duly noticed public hearing on the proposed project, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the proposal is defined as a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project. The Initial Study is supported by several technical studies and reports (traffic, noise, biological, geotechnical, air quality, cultural resources, hydrology, fire flow analysis, and storm water control plan); and EXHIBIT 2 WHEREAS, as demonstrated in the preparation of an Initial Study, all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than-significant levels with implementation of the recommended mitigation measures; including impacts to Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources./ Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for implementing all mitigation measures identified in the IS/MND. The MMRP is attached as Attachment A; and WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative Declaration prepared for this project and notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were submitted to the State Office of Planning and Research (OPR) and made available for a 30-day review period by pertinent agencies and interested members of the public, commencing on November 8, 2019 and concluding on December 10, 2019; and WHEREAS, on December 10, 2019, the Planning Commission held a public hearing on the proposed project, the planning applications for the 45-unit residential townhome development at 350 Merrydale Street/3833 Redwood Hwy and the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, accepting all oral and written public testimony and the written report of the Department of Community Development. The Planning Commission considered all oral and written public testimony and the written report of the Community Development Department. As part of this hearing process, the Planning Commission considered adoption of the IS/MND and the draft MMRP, which is presented in attached Attachment A of this Resolution; and WHEREAS, the City has evaluated the comments received by public agencies, utilities, organizations, special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael does hereby recommend to the City Council adoption of the Mitigated Negative Declaration and approval of the Mitigation Monitoring and Reporting Program as presented in Attachment "A" based on the findings that: a) The Planning Commission exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the Planning Commission hearing. Based on this review, the Planning Commission has determined that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less-than-significant level. b) A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure implementation of, and compliance with, all conditions required to mitigate any impact to a level of less than significant. All mitigation measures have also been included as conditions of the project’s approval in the separate Resolution. 2 The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 10% day of December 2019. Moved by and seconded by AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A. Jensen, Secretary Sarah Loughran, Chair Attachment A Mitigation Monitoring and Reporting Program At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e I. AE S T H E T I C S I( d ) . Mi t i g a t i o n Me a s u r e AE S - 1 : Pr i o r to th e Bu i l d i n g Pe r m i t fi n a l in s p e c t i o n , th e pr o j e c t ap p l i c a n t sh a l l su b m i t to th e sa t i s f a c t i o n of th e Co m m u n i t y De v e l o p m e n t De p a r t m e n t Di r e c t o r , a po s t - i n s t a l l a t i o n ph o t o m e t r i c li g h t i n g st u d y sh o w i n g th a t th e li g h t i n g on si t e co m p l i e s wi t h th e ap p r o v e d li g h t i n g le v e l s pe r ED 1 8 - 1 0 0 an d th e re q u i r e m e n t s of SR M C 14 . 1 6 . 2 2 7 . Th e pr o j e c t ap p l i c a n t sh a l l al s o de m o n s t r a t e to th e Bu i l d i n g De p a r t m e n t th a t ou t d o o r li g h t i n g fi x t u r e s me e t th e re q u i r e m e n t s of th e Ca l i f o r n i a En e r g y Co d e (k n o w n as Pa r t 6, Ti t l e 24 of th e Ca l i f o r n i a Co d e of Re g u l a t i o n s ) ’ i. AI R QU A L I T Y II (b ) . Mi t i g a t i o n Me a s u r e AQ - 1 : In c l u d e ba s i c me a s u r e s to co n t r o l du s t an d ex h a u s t du r i n g co n s t r u c t i o n . Du r i n g an y co n s t r u c t i o n pe r i o d gr o u n d di s t u r b a n c e , th e ap p l i c a n t sh a l l en s u r e th a t th e pr o j e c t co n t r a c t o r im p l e m e n t me a s u r e s to co n t r o l du s t an d ex h a u s t . Im p l e m e n t a t i o n of th e me a s u r e s re c o m m e n d e d by BA A Q M D an d li s t e d be l o w wo u l d re d u c e th e ai r qu a l i t y im p a c t s as s o c i a t e d wi t h gr a d i n g an d ne w co n s t r u c t i o n to a le s s - t h a n - s i g n i f i c a n t le v e l . Th e co n t r a c t o r sh a l l im p l e m e n t th e fo l l o w i n g be s t ma n a g e m e n t pr a c t i c e s th a t ar e re q u i r e d of al l pr o j e c t s : Im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l i t y Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Pl a n n i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e pl a n / s t u d y ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t De n y is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t De n y is s u a n c e of bu i l d i n g pe r m i t Fi l e *: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Pr o c e d u r e Al l ex p o s e d su r f a c e s (e . g . , pa r k i n g ar e a s , st a g i n g ar e a s , so i l pi l e s , gr a d e d ar e a s , an d un p a v e d ac c e s s ro a d s ) sh a l l be wa t e r e d tw o ti m e s pe r da y . Al l ha u l tr u c k s tr a n s p o r t i n g so i l , sa n d , or ot h e r lo o s e ma t e r i a l of f - s i t e sh a l l be co v e r e d . Al l vi s i b l e mu d or di r t tr a c k - o u t on t o ad j a c e n t pu b l i c ro a d s sh a l l be re m o v e d us i n g we t po w e r va c u u m st r e e t sw e e p e r s at le a s t on c e pe r da y . Th e us e of dr y po w e r sw e e p i n g is pr o h i b i t e d . Al l ve h i c l e sp e e d s on un p a v e d ro a d s sh a l l be li m i t e d to 15 mi l e s pe r ho u r (m p h ) . Al l ro a d w a y s , dr i v e w a y s , an d si d e w a l k s to be pa v e d sh a l l be co m p l e t e d as so o n as po s s i b l e . Bu i l d i n g pa d s sh a l l be la i d as so o n as po s s i b l e af t e r gr a d i n g un l e s s se e d i n g or so i l bi n d e r s ar e us e d . Id l i n g ti m e s sh a l l be mi n i m i z e d ei t h e r by sh u t t i n g eq u i p m e n t of f wh e n no t in us e or re d u c i n g th e ma x i m u m id l i n g ti m e to 5 mi n u t e s (a s re q u i r e d by th e Ca l i f o r n i a ai r b o r n e to x i c s co n t r o l me a s u r e Ti t l e 13 , Se c t i o n 24 8 5 of Ca l i f o r n i a Co d e of Re g u l a t i o n s [C C R ] ) . Cl e a r si g n a g e sh a l l be pr o v i d e d fo r co n s t r u c t i o n wo r k e r s at al l ac c e s s po i n t s . Al l co n s t r u c t i o n eq u i p m e n t sh a l l be ma i n t a i n e d an d pr o p e r l y tu n e d in ac c o r d a n c e wi t h ma n u f a c t u r e r ' s sp e c i f i c a t i o n s . Al l eq u i p m e n t sh a l l be ch e c k e d by a ce r t i f i e d me c h a n i c an d de t e r m i n e d to be ru n n i n g in pr o p e r co n d i t i o n pr i o r to op e r a t i o n . Po s t a pu b l i c l y vi s i b l e si g n wi t h th e te l e p h o n e nu m b e r Mo n i t o r i n g Re s p o n s i b i l i t y Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) Fi l e 4: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 2 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Pr o c e d u r e “a n d pe r s o n to co n t a c t at th e Le a d Ag e n c y re g a r d i n g du s t co m p l a i n t s . Th i s pe r s o n sh a l l re s p o n d an d ta k e co r r e c t i v e ac t i o n wi t h i n 48 ho u r s . Th e Ai r Di s t r i c t ' s ph o n e nu m b e r sh a l l al s o be vi s i b l e to en s u r e co m p l i a n c e wi t h ap p l i c a b l e re g u l a t i o n s . II I K b ) ， Mi t i g a t i o n Me a s u r e AQ - l a : Al l di e s e l - p o w e r e d Re q u i r e as a co n d i t i o n of of f - r o a d eq u i p m e n t , la r g e r th a n 25 ho r s e p o w e r , op e r a t i n g on ap p r o v a l th e si t e fo r mo r e th a n tw o da y s co n t i n u o u s l y sh a l l , at a mi n i m u m , me e t U. S . EP A pa r t i c u l a t e ma t t e r em i s s i o n s st a n d a r d s fo r Ti e r 2 en g i n e s wi t h CA R B - c e r t i f i e d Le v e l 3 Di e s e l Pa r t i c u l a t e Fi l t e r s or eq u i v a l e n t . e Th e us e of eq u i p m e n t me e t i n g U. S . EP A Ti e r 4 st a n d a r d s fo r pa r t i c u l a t e ma t t e r wo u l d al s o me e t th i s re q u i r e m e n t . e Us e of eq u i p m e n t th a t in c l u d e s al t e r n a t i v e l y - f u e l e d eq u i p m e n t (i e . ， no n - d i e s e l ) wo u l d me e t th i s re q u i r e m e n t . e Ot h e r me a s u r e s ma y be th e us e of ad d e d ex h a u s t de v i c e s , or a co m b i n a t i o n of me a s u r e s , pr o v i d e d th a t th e s e me a s u r e s ar e ap p r o v e d by th e Ci t y an d de m o n s t r a t e d to re d u c e co m m u n i t y ri s k im p a c t s to le s s - th a n - s i g n i f i c a n t . Pr o j e c t sp o n s o r pr o v i d e s eq u i p m e n t li s t pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l i t y Pl a n n i n g Di v i s i o n Pu b l i c Wo r k s Di v i s i o n / Bu i l d i n g Di v i s i o n Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Re p o r t i n g Sa n c t i o n / A c t i v i t y Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) In c o r p o r a t e as co n d i t i o n De n y pr o j e c t of pr o j e c t ap p r o v a l Bu i l d i n g Di v i s i o n De n y is s u a n c e of ve r i f i e s ap p r o p r i a t e bu i l d i n g pe r m i t ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 3 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) TI ( c ) Mi t i g a t i o n Me a s u r e AQ - 2 : In c l u d e hi g h - e f f i c i e n c y Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t pa r t i c u l a t e fi l t r a t i o n sy s t e m s in re s i d e n t i a l ve n t i l a t i o n ap p r o v a l Di v i s i o n co n d i t i o n of pr o j e c t sy s t e m s . ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s Bu i l d i n g Bu i l d i n g Di v i s i o n De n y is s u a n c e of ap p r o v a l s fr o m ap p r o p r i a t e Di v i s i o n ve r i f i e s ap p r o p r i a t e bu i l d i n g pe r m i t . ‘or to j f ap p r o v a l s ob t a i n e d ag e n c i e s pr i o r to is s u a n c e 0 pr i o r to is s u a n c e of bu i l d i n g pe r m i t s bu i l d i n g pe r m i t Th e si g n i f i c a n t ex p o s u r e fo r ne w pr o j e c t re c e p t o r s is ju d g e d by tw o ef f e c t s : (1 ) in c r e a s e d ca n c e r ri s k , an d (2 ) an n u a l PM 2 . 5 co n c e n t r a t i o n . Ex p o s u r e to ca n c e r ri s k fr o m U. S . Hi g h w a y 10 1 ar e si g n i f i c a n t . Ca n c e r ri s k is ba s e d on ex p o s u r e to ex h a u s t em i s s i o n s wh i l e an n u a l PM 2 . 5 co n c e n t r a t i o n s ar e ba s e d on th e ex p o s u r e to PM 2 . 5 re s u l t i n g fr o m em i s s i o n s at t r i b u t a b l e to tr u c k an d au t o ex h a u s t , th e we a r i n g of br a k e s an d ti r e s an d re - e n t r a i n m e n t of ro a d w a y du s t fr o m ve h i c l e s tr a v e l i n g ov e r pa v e m e n t . PM 2 . 5 ex p o s u r e dr i v e s th e mi t i g a t i o n pl a n . Re d u c i n g PM 2 . 5 ex p o s u r e s to le s s th a n si g n i f i c a n t wo u l d al s o re d u c e ca n c e r ri s k to le s s th a n si g n i f i c a n t le v e l s . Th e pr o j e c t sh a l l in c l u d e th e fo l l o w i n g me a s u r e s to mi n i m i z e lo n g - t e r m an n u a l PM 2 . 5 ex p o s u r e fo r ne w pr o j e c t oc c u p a n t s : 1. In s t a l l ai r fi l t r a t i o n in re s i d e n t i a l dw e l l i n g s . Ai r fi l t r a t i o n de v i c e s sh a l l be ra t e d ME R V 13 or hi g h e r . To en s u r e ad e q u a t e he a l t h pr o t e c t i o n to se n s i t i v e re c e p t o r s (i e . ， re s i d e n t s ) , th i s ve n t i l a t i o n sy s t e m , wh e t h e r me c h a n i c a l or pa s s i v e , al l fr e s h ai r ci r c u l a t e d in t o th e dw e l l i n g un i t s sh a l l be fi l t e r e d , as de s c r i b e d ab o v e . 2. As pa r t of im p l e m e n t i n g th i s me a s u r e , an on g o i n g ma i n t e n a n c e pl a n fo r th e bu i l d i n g s ’ he a t i n g , ve n t i l a t i o n , an d ai r co n d i t i o n i n g (H V AC ) ai r fi l t r a t i o n sy s t e m sh a l l be re q u i r e d . 3. En s u r e th a t th e us e ag r e e m e n t an d ot h e r pr o p e r t y Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 4 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e do c u m e n t s : (1 ) re q u i r e cl e a n i n g , ma i n t e n a n c e , an d mo n i t o r i n g of th e af f e c t e d bu i l d i n g s fo r ai r fl o w le a k s , (2 ) in c l u d e as s u r a n c e th a t ne w ow n e r s or te n a n t s ar e pr o v i d e d in f o r m a t i o n on th e ve n t i l a t i o n sy s t e m , an d (3 ) in c l u d e pr o v i s i o n s th a t fe e s as s o c i a t e d wi t h ow n i n g or le a s i n g a un i t ( s ) in th e bu i l d i n g in c l u d e fu n d s fo r cl e a n i n g , ma i n t e n a n c e , mo n i t o r i n g , an d re p l a c e m e n t s of th e fi l t e r s , as ne e d e d . IV . BI O L O G I C A L RE S O U R C E S IV ( a ) . Mi t i g a t i o n Me a s u r e BI O - 1 : Pr e - c o n s t r u c t i o n ne s t i n g bi r d an d ba t su r v e y s Th e ne s t i n g se a s o n is de f i n e d he r e a as be i n g fr o m Fe b r u a r y 1 to Au g u s t 31 an d th e r e f o r e wo r k sh o u l d co m m e n c e be t w e e n Se p t e m b e r 1 an d Ja n u a r y 31 . e If th i s is no t po s s i b l e , an d pr o j e c t ac t i v i t i e s ar e in i t i a t e d du r i n g th e ne s t i n g se a s o n , th e n a ne s t i n g bi r d su r v e y sh a l l be co n d u c t e d by a qu a l i f i e d wi l d l i f e bi o l o g i s t no mo r e th a n 14 da y s pr i o r to th e st a r t of Im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l . Pr o j e c t sp o n s o r de s i g n a t e s qu a l i f i e d pr o f e s s i o n a l pr i o r to st a r t of co n s t r u c t i o n an d ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l i t y Pl a n n i n g Di v i s i o n Pl a n n i n g / Bu i l d i n g Di v i s i o n Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l . Pr o j e c t ap p l i c a n t co n d u c t s pr e - c o n s t r u c t i o n su r v e y be f o r e pe r m i t is s u a n c e . Pl a n n i n g / Bu i l d i n g Di v i s i o n ve r i f i e s su r v e y co n d u c t e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 5 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) pr o j e c t ac t i v i t i e s . o If ne s t s ar e id e n t i f i e d , a no - d i s t u r b a n c e bu f f e r sh o u l d be im p l e m e n t e d to av o i d im p a c t s to ne s t i n g bi r d s an d sh o u l d re m a i n in pl a c e un t i l al l yo u n g ar e fl e d g e d or th e ne s t ot h e r w i s e be c o m e s in a c t i v e . e Bu f f e r s ty p i c a l l y ra n g e fr o m 25 fe e t to 50 0 fe e t de p e n d i n g on th e sp e c i e s . e If wo r k is to be in i t i a t e d wi t h i n th e ba t br e e d i n g / wi n t e r ro o s t i n g se a s o n , an as s e s s m e n t of ex i s t i n g bu i l d i n g s sh o u l d be pe r f o r m e d pr i o r to co n s t r u c t i o n ac t i v i t i e s to de t e r m i n e if a ro o s t is pr e s e n t . eo If ar o o s t is ob s e r v e d , co n s t r u c t i o n ac t i v i t i e s sh o u l d be po s t p o n e d un t i l a qu a l i f i e d bi o l o g i s t de t e r m i n e s th e ba t s ar e ex c l u d e d fr o m th e ro o s t lo c a t i o n . V. CU L T U R A L RE S O U R C E S V( b ) . Mi t i g a t i o n Me a s u r e CU L T - 1 : Pr o t e c t Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t Ar c h a e o l o g i c a l Re s o u r c e s Id e n t i f i e d du r i n g Co n s t r u c t i o n : ap p r o v a l Di v i s i o n av y of pr o j e c t Th e pr o j e c t sp o n s o r sh a l l en s u r e th a t co n s t r u c t i o n cr e w s a ; PP me . : Pr o j e c t sp o n s o r de s i g n a t e s ; st o p . al l wo r k wi t h i n 10 0 fe e t of th e di s c o v e r y un t i l a qu a l i f i e d pr o f e s s i o n a l Pl a n n i n g Pr o j e c t sp o n s o r to ha l t De n y is s u a n c e of qu a l i f i e d ar c h a e o l o g i s t ca n as s e s s th e pr e v i o u s l y un r e c o r d e d pu r s u a n t to NA H C /B u i l d i n g wo r k im m e d i a t e l y bu i l d i n g pe r m i t di s c o v e r y an d pr o v i d e re c o m m e n d a t i o n s . Re s o u r c e s co u l d up o n di s c o v e r y of in c l u d e su b s u r f a c e hi s t o r i c fe a t u r e s su c h as ar t i f a c t - f i l l e d 。 un k n o w n re s o u r c e s o il d re f u s e vi t d ar t i f a c t d it s . al ap p r o v a l s fr o m ap p r o p r i a t e ae we e Ho re 人 ao b 上 ar t e s ‘a e ie fe e ag e n c i e s pr i o r to is s u a n c e of wi t h co n c e n t r a t i o n s of ad o b e , s on e , or co n c r e t e wa l l s or bu i l d i n g pe r m i t s Pl a n n i n g / Bu i l d i n g fo u n d a t i o n s , an d co n c e n t r a t i o n s of ce r a m i c , gl a s s , or me t a l Di v i s i o n ve r i f i e s re q u i r e m e n t s an d ob t a i n s Di v i s i o n Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 6 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e ma t e r i a l s . Na t i v e Am e r i c a n ar c h a e o l o g i c a l ma t e r i a l s co u l d in c l u d e ob s i d i a n an d ch e r t fl a k e d st o n e to o l s (s u c h as pr o j e c t i l e an d da r t po i n t s ) , mi d d e n (c u l t u r a l l y de r i v e d da r k e n e d so i l co n t a i n i n g he a t - a f f e c t e d ro c k , ar t i f a c t s , an i m a l bo n e s , an d / o r sh e l l f i s h re m a i n s ) , an d / o r gr o u n d s t o n e im p l e m e n t s (s u c h as mo r t a r s an d pe s t l e s ) . V( c ) . Mi t i g a t i o n Me a s u r e CU L T - 2 : Pr o t e c t Hu m a n Re m a i n s Id e n t i f i e d Du r i n g Co n s t r u c t i o n : Th e Pr o j e c t pr o p o n e n t sh a l l tr e a t an y hu m a n re m a i n s an d as s o c i a t e d or un a s s o c i a t e d fu n e r a r y ob j e c t s di s c o v e r e d du r i n g so i l - di s t u r b i n g ac t i v i t i e s ac c o r d i n g to ap p l i c a b l e St a t e la w s . Su c h tr e a t m e n t in c l u d e s wo r k st o p p a g e an d im m e d i a t e no t i f i c a t i o n of th e Ma r i n Co u n t y Co r o n e r an d qu a l i f i e d ar c h a e o l o g i s t , an d in th e ev e n t th a t th e Co r o n e r ’ s de t e r m i n a t i o n th a t th e hu m a n re m a i n s ar e Na t i v e Am e r i c a n , no t i f i c a t i o n of NA H C ac c o r d i n g to th e re q u i r e m e n t s in PR C Se c t i o n 50 9 7 . 9 8 . NA H C wo u l d ap p o i n t a Mo s t Li k e l y De s c e n d a n t (“ M L D ” ) . A qu a l i f i e d ar c h a e o l o g i s t , Pr o j e c t pr o p o n e n t , Co u n t y of Ma r i n , an d ML D sh a l l ma k e al l re a s o n a b l e ef f o r t s to de v e l o p an ag r e e m e n t fo r th e tr e a t m e n t , wi t h ap p r o p r i a t e di g n i t y , of an y hu m a n re m a i n s an d as s o c i a t e d or un a s s o c i a t e d fu n e r a r y ob j e c t s (C E Q A Gu i d e l i n e s Se c t i o n 15 0 6 4 . 5 [ d ] ) . Th e ag r e e m e n t wo u l d ta k e in t o co n s i d e r a t i o n th e ap p r o p r i a t e ex c a v a t i o n , re m o v a l , re c o r d a t i o n , an a l y s i s , cu s t o d i a n s h i p , an d fi n a l di s p o s i t i o n of th e hu m a n re m a i n s an d as s o c i a t e d or un a s s o c i a t e d fu n e r a r y ob j e c t s . Th e PR C al l o w s 48 ho u r s to re a c h ag r e e m e n t on th e s e ma t t e r s . Im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r de s i g n a t e s qu a l i f i e d pr o f e s s i o n a l pu r s u a n t to NA H C re q u i r e m e n t s an d ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l i t y Pl a n n i n g Di v i s i o n Pl a n n i n g /B u i l d i n g Di v i s i o n Ex h i b i t : 3 Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y ap p r o p r i a t e pr o f e s s i o n a l s / a p p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Pr o j e c t sp o n s o r to ha l t wo r k im m e d i a t e l y up o n di s c o v e r y of un k n o w n re s o u r c e s De n y is s u a n c e of bu i l d i n g pe r m i t Pl a n n i n g / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e pr o f e s s i o n a l s / a p p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n At t a c h m e n t A- 7 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e VI I . GE O L O G Y AN D SO I L S VI l ( a ) ( i i ) . Mi t i g a t i o n Me a s u r e GE O -1 : Pr i o r to a gr a d i n g or bu i l d i n g pe r m i t su b m i t t a l , th e pr o j e c t sp o n s o r sh a l l pr e p a r e a de s i g n - l e v e l ge o t e c h n i c a l in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r . Mi n i m u m mi t i g a t i o n in c l u d e s de s i g n of ne w st r u c t u r e s in ac c o r d a n c e wi t h th e pr o v i s i o n s of th e cu r r e n t Ca l i f o r n i a Bu i l d i n g Co d e or su b s e q u e n t co d e s in ef f e c t wh e n fi n a l de s i g n oc c u r s . Re c o m m e n d e d se i s m i c de s i g n co e f f i c i e n t s an d sp e c t r a l ac c e l e r a t i o n s sh a l l be co n s i s t e n t wi t h th e fi n d i n g s pr e s e n t e d in Se c t i o n 4 of th e Ma y 8, 20 1 8 EN G E O re p o r t . VI I (a ) ( i i i ) . Mi t i g a t i o n Me a s u r e GE O - 2 : Pr i o r to a gr a d i n g or bu i l d i n g pe r m i t su b m i t t a l , th e pr o j e c t sp o n s o r sh a l l pr e p a r e a de s i g n - l e v e l ge o t e c h n i c a l in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r fo r re v i e w an d ap p r o v a l . In or d e r to re d u c e th e ef f e c t s of th e po t e n t i a l l y ex p a n s i v e so i l s an d / o r li q u e f a c t i o n se t t l e m e n t , fo u n d a t i o n s sh o u l d be de s i g n e d to wi t h s t a n d mi n i m u m di f f e r e n t i a l mo v e m e n t s . Fo u n d a t i o n de s i g n re c o m m e n d a t i o n s ar e pr e s e n t e d in Se c t i o n 4 of th e Ma y 8, 20 1 8 EN G E O re p o r t . VI I ( b ) . Mi t i g a t i o n Me a s u r e GE O - 3 : Pr i o r to a gr a d i n g or bu i l d i n g pe r m i t su b m i t t a l , th e pr o j e c t sp o n s o r sh a l l pr e p a r e a si t e dr a i n a g e sy s t e m pr e p a r e d by a qu a l i f i e d an d li c e n s e d Im p l e m e n t a t i o n Pr o c e d u r e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r pr e p a r e a de s i g n - l e v e l ge o t e c h n i c a l in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r pr e p a r e a de s i g n - l e v e l ge o t e c h n i c a l in v e s t i g a t i o n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ge o t e c h n i c a l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r Re q u i r e as a co n d i t i o n of ap p r o v a l Mo n i t o r i n g Re s p o n s i b i l i t y Pl a n n i n g Di v i s i o n Pu b l i c Wo r k s Di v i s i o n Pl a n n i n g Di v i s i o n Pu b l i c Wo r k s Di v i s i o n Pl a m i n g Di v i s i o n Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Pu b l i c Wo r k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e De n y is s u a n c e of bu i l d i n g pe r m i t “d e s i g n - l e v e l re p o r t pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Pu b l i c Wo k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e de s i g n - l e v e l re p o r t pr i o r to is s u a n c e of bu i l d i n g pe r m i t De n y is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l De n y pr o j e c t Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 8 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e ci v i l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r . Th e si t e dr a i n a g e sy s t e m wi l l de m o n s t r a t e th e ab i l i t y to co l l e c t su r f a c e wa t e r an d di s c h a r g e in t o an es t a b l i s h e d st o r m dr a i n a g e sy s t e m . Th e pr o j e c t Ci v i l En g i n e e r of Ar c h i t e c t is re s p o n s i b l e fo r de s i g n i n g th e si t e dr a i n a g e sy s t e m an d , an er o s i o n co n t r o l pl a n sh a l l be de v e l o p e d pr i o r to co n s t r u c t i o n pe r th e cu r r e n t gu i d e l i n e s of th e Ci t y of Sa n Ra f a e l Pu b l i c Wo r k s De p a r t m e n t (D P W ) Gr a d i n g an d Co n s t r u c t i o n Er o s i o n an d Se d i m e n t Co n t r o l Pl a n Pe r m i t Ap p l i c a t i o n Pa c k a g e an d th e Re g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d st a n d a r d s . VI I ( c ) . Im p l e m e n t a t i o n of GE O - 1 & GE O - 2 VI I ( d ) . Mi t i g a t i o n Me a s u r e GE O - 4 : So i l s sh a l l be mo i s t u r e co n d i t i o n e d to ab o v e th e op t i m u m mo i s t u r e co n t e n t du r i n g si t e gr a d i n g an d ma i n t a i n e d at th i s mo i s t u r e co n t e n t un t i l im p o r t e d ag g r e g a t e ba s e an d / o r su r f a c e fl a t w o r k is co m p l e t e d . VI I ( f ) . Mi t i g a t i o n Me a s u r e GE O - 5 : Sh o u l d pa l e o n t o l o g i c a l re s o u r c e s be en c o u n t e r e d du r i n g pr o j e c t su b s u r f a c e co n s t r u c t i o n ac t i v i t i e s lo c a t e d in pr e v i o u s l y un d i s t u r b e d so i l an d be d r o c k , al l gr o u n d - d i s t u r b i n g ac t i v i t i e s wi t h i n 25 fe e t sh a l l be ha l t e d an d a qu a l i f i e d Im p l e m e n t a t i o n Pr o c e d u r e Pr o j e c t sp o n s o r pr e p a r e a de s i g n - l e v e l dr a i n a g e sy s t e m Pu b l i c Wo r k s de s i g n pr e p a r e d by a qu a l i f i e d an d li c e n s e d ci v i l en g i n e e r an d su b m i t th e re p o r t to th e Ci t y En g i n e e r Se e MM GE O - 1 an d GE O - 2 ab o v e Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r sh a l l de s i g n a t e qu a l i f i e d Mo n i t o r i n g Re s p o n s i b i l i t y Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e Pu b l i c Wo r k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e de s i g n - l e v e l re p o r t pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Pu b l i c Wo r k s / Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Sh o u l d pa l e o n t o l o g i c a l re s o u r c e s be en c o u n t e r e d du r i n g No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t Ha l t bu i l d i n g pe r m i t Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 9 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e pa l e o n t o l o g i s t co n t a c t e d to as s e s s th e si t u a t i o n , co n s u l t wi t h ag e n c i e s as ap p r o p r i a t e , an d ma k e re c o m m e n d a t i o n s fo r th e tr e a t m e n t of th e di s c o v e r y . Fo r pu r p o s e s of th i s mi t i g a t i o n , a “q u a l i f i e d pa l e o n t o l o g i s t ” sh a l l be an in d i v i d u a l wi t h th e fo l l o w i n g qu a l i f i c a t i o n s : 1) a gr a d u a t e de g r e e in pa l e o n t o l o g y or ge o l o g y an d / o r a pe r s o n wi t h a de m o n s t r a t e d pu b l i c a t i o n re c o r d in pe e r - r e v i e w e d pa l e o n t o l o g i c a l jo u r n a l s ; 2) at le a s t tw o ye a r s of pr o f e s s i o n a l ex p e r i e n c e re l a t e d to pa l e o n t o l o g y ; 3) pr o f i c i e n c y in re c o g n i z i n g fo s s i l s in th e fi e l d an d de t e r m i n i n g th e i r si g n i f i c a n c e ; 4) ex p e r t i s e in lo c a l ge o l o g y , st r a t i g r a p h y , an d bi o s t r a t i g r a p h y ; an d 5) ex p e r i e n c e co l l e c t i n g ve r t e b r a t e fo s s i l s in th e fi e l d . If th e pa l e o n t o l o g i c a l re s o u r c e s ar e fo u n d to be si g n i f i c a n t an d pr o j e c t ac t i v i t i e s ca n n o t av o i d th e m , me a s u r e s sh a l l be im p l e m e n t e d to en s u r e th a t th e pr o j e c t do e s no t ca u s e a su b s t a n t i a l ad v e r s e ch a n g e in th e si g n i f i c a n c e of th e . pa l e o n t o l o g i c a l re s o u r c e . Me a s u r e s ma y in c l u d e mo n i t o r i n g , re c o r d i n g th e fo s s i l lo c a l i t y , da t a re c o v e r y an d an a l y s i s , a fi n a l re p o r t , an d ac c e s s i o n i n g th e fo s s i l ma t e r i a l an d te c h n i c a l re p o r t to a pa l e o n t o l o g i c a l re p o s i t o r y . Up o n co m p l e t i o n of th e as s e s s m e n t , a re p o r t do c u m e n t i n g me t h o d s , fi n d i n g s , an d re c o m m e n d a t i o n s sh a l l be pr e p a r e d an d su b m i t t e d to th e Ci t y fo r re v i e w . If pa l e o n t o l o g i c a l ma t e r i a l s ar e re c o v e r e d , th i s re p o r t al s o sh a l l be su b m i t t e d to a pa l e o n t o l o g i c a l re p o s i t o r y su c h as th e Un i v e r s i t y of Ca l i f o r n i a Mu s e u m of Pa l e o n t o l o g y , al o n g wi t h si g n i f i c a n t pa l e o n t o l o g i c a l ma t e r i a l s . Pu b l i c ed u c a t i o n a l ou t r e a c h ma y Im p l e m e n t a t i o n Pr o c e d u r e pa l e o n t o l o g i s t , co n s u l t wi t h ag e n c i e s as ap p r o p r i a t e pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Mo n i t o r i n g Re s p o n s i b i l i t y Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e pr o j e c t su b s u r f a c e co n s t r u c t i o n ac t i v i t i e s lo c a t e d in pr e v i o u s l y un d i s t u r b e d so i l an d be d r o c k , al l gr o u n d - di s t u r b i n g ac t i v i t i e s wi t h i n 25 fe e t sh a l l be ha l t e d . Pl a n n i n g / Bu i l d i n g Di v i s i o n co n t a c t e d an d ap p r o p r i a t e ag e n c i e s al e r t e d to di s c o v e r i e s No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 0 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d ; (N a m e / D a t e ) al s o be ap p r o p r i a t e . Th e pr o j e c t ap p l i c a n t s sh a l l in f o r m it s co n t r a c t o r ( s ) of th e se n s i t i v i t y of th e pr o j e c t si t e fo r pa l e o n t o l o g i c a l re s o u r c e s an d sh a l l ve r i f y th a t th e fo l l o w i n g di r e c t i v e ha s be e n in c l u d e d in th e ap p r o p r i a t e co n t r a c t sp e c i f i c a t i o n do c u m e n t s : “T h e su b s u r f a c e of th e co n s t r u c t i o n si t e ma y co n t a i n fo s s i l s . If fo s s i l s ar e en c o u n t e r e d du r i n g pr o j e c t su b s u r f a c e co n s t r u c t i o n , al l gr o u n d - d i s t u r b i n g ac t i v i t i e s wi t h i n 25 fe e t sh a l l be ha l t e d an d a qu a l i f i e d pa l e o n t o l o g i s t co n t a c t e d to as s e s s th e si t u a t i o n , co n s u l t wi t h ag e n c i e s as ap p r o p r i a t e , an d ma k e re c o m m e n d a t i o n s fo r th e tr e a t m e n t of th e di s c o v e r y . Pr o j e c t pe r s o n n e l sh a l l no t co l l e c t or mo v e an y pa l e o n t o l o g i c a l ma t e r i a l s . Fo s s i l s ca n in c l u d e pl a n t s an d an i m a l s , an d su c h tr a c e fo s s i l ev i d e n c e of pa s t li f e as tr a c k s or pl a n t im p r i n t s . Ma r i n e se d i m e n t s ma y co n t a i n in v e r t e b r a t e fo s s i l s su c h as sn a i l s , cl a m an d oy s t e r sh e l l s , sp o n g e s , an d pr o t o z o a ; an d ve r t e b r a t e fo s s i l s su c h as fi s h , wh a l e , an d se a li o n bo n e s . Ve r t e b r a t e la n d ma m m a l s ma y in c l u d e bo n e s of ma m m o t h , ca m e l , sa b e r to o t h ca t , ho r s e , an d bi s o n . Co n t r a c t o r ac k n o w l e d g e s an d un d e r s t a n d s th a t ex c a v a t i o n or re m o v a l of pa l e o n t o l o g i c a l ma t e r i a l is pr o h i b i t e d by la w an d co n s t i t u t e s a mi s d e m e a n o r un d e r Ca l i f o r n i a Pu b l i c Re s o u r c e s Co d e , Se c t i o n 50 9 7 . 5 . ” Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 1 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Pr o c e d u r e Mo n i t o r i n g Re s p o n s i b i l i t y Mo n i t o r i n g / Re p o r t i n g Ac t i o n & Sc h e d u l e No n - C o m p l i a n c e Sa n c t i o n / A c t i v i t y Mo n i t o r i n g Co m p l i a n c e Re c o r d (N a m e / D a t e ) IX . HA Z A R D S AN D HA Z A R D O U S MA T E R I A L S IX ( a ) . Mi t i g a t i o n Me a s u r e HA Z - 1 : Pr i o r to su b m i t t a l fo r a de m o l i t i o n pe r m i t , th e pr o j e c t sp o n s o r sh a l l us e a qu a l i f i e d an d li c e n s e d pr o f e s s i o n a l to pr e p a r e a ha z a r d o u s bu i l d i n g ma t e r i a l s su r v e y fo r al l st r u c t u r e s pr o p o s e d fo r de m o l i t i o n or re n o v a t i o n as pa r t of th e pr o j e c t . Al l le a d - b a s e d pa i n t an d as b e s t o s - c o n t a i n i n g ma t e r i a l s (A C M ) sh a l l be ab a t e d by a ce r t i f i e d co n t r a c t o r in ac c o r d a n c e wi t h lo c a l , st a t e , an d fe d e r a l re q u i r e m e n t s . Al l ha z a r d o u s ma t e r i a l s sh a l l be re m o v e d fr o m bu i l d i n g s pr i o r to de m o l i t i o n in ac c o r d a n c e wi t h Ca l i f o r n i a Di v i s i o n of Oc c u p a t i o n a l Sa f e t y an d He a l t h (D O S H ) an d Ca l i f o r n i a De p a r t m e n t of To x i c Su b s t a n c e s Co n t r o l (D T S C ) re g u l a t i o n s . A co m p l e t i o n of ab a t e m e n t ac t i v i t i e s re p o r t sh a l l be pr e p a r e d by a qu a l i f i e d pr o f e s s i o n a l an d su b m i t t e d to th e Ci t y pr i o r to pe r m i t ap p r o v a l . IX ( b ) . Mi t i g a t i o n Me a s u r e HA Z - 2 : Pr i o r to su b m i t t a l fo r a de m o l i t i o n pe r m i t , th e pr o j e c t sp o n s o r sh a l l us e a qu a l i f i e d an d li c e n s e d pr o f e s s i o n a l to pr e p a r e a So i l Ma n a g e m e n t Pl a n to de v e l o p pr o t o c o l s an d pr o c e d u r e s fo r ha n d l i n g po t e n t i a l l y im p a c t e d so i l s or un d e r g r o u n d st r u c t u r e / e q u i p m e n t th a t ma y be en c o u n t e r e d du r i n g gr a d i n g op e r a t i o n s an d ot h e r co n s t r u c t i o n ac t i v i t i e s as pa r t of th e pr o j e c t . If im p a c t e d so i l s or un d e r g r o u n d st r u c t u r e / e q u i p m e n t ar e en c o u n t e r e d du r i n g co n s t r u c t i o n ac t i v i t i e s , al l co n s t r u c t i o n sh a l l st o p , an d a qu a l i f i e d an d li c e n s e d pr o f e s s i o n a l sh a l l be co n t a c t e d to co n d u c t a si t e vi s i t to ma k e ob s e r v a t i o n s an d pr e p a r e re c o m m e n d a t i o n s fo r Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Re q u i r e as a co n d i t i o n of ap p r o v a l Pr o j e c t sp o n s o r ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of bu i l d i n g pe r m i t s Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n Pl a n n i n g Di v i s i o n Bu i l d i n g Di v i s i o n In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t In c o r p o r a t e as co n d i t i o n of pr o j e c t ap p r o v a l Bu i l d i n g Di v i s i o n ve r i f i e s ap p r o p r i a t e ap p r o v a l s ob t a i n e d pr i o r to is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t De n y pr o j e c t De n y is s u a n c e of bu i l d i n g pe r m i t Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i at e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 2 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M ， 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y | Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) pr o p e r ha n d l i n g of so i l s an d / o r st r u c t u r e s / e q u i p m e n t X. HY D R O L O G Y AN D WA T E R QU A L I T Y X( a ) . Mi t i g a t i o n Me a s u r e HY D R O - 1 : Pr i o r to is s u i n g a gr a d i n g or bu i l d i n g pe r m i t , th e pr o j e c t ap p l i c a n t sh a l l pr e p a r e a St o r m w a t e r Po l l u t i o n Pr e v e n t i o n Pl a n (S W P P P ) an d / o r Er o s i o n an d Se d i m e n t Co n t r o l Pl a n (E S C P ) in ac c o r d a n c e wi t h th e re q u i r e m e n t s of th e st a t e w i d e Pr o j e c t sp o n s o r su b m i t s Pu b l i c Wo r k s Pu b l i c Wo r k s De n y is s u a n c e of Co n s t r u c t i o n Ge n e r a l Pe r m i t an d th e Ci t y of Sa n Ra f a e l SW P P / E S C P to Sa n Ra f a e l Di v i s i o n Di v i s i o n ve r i f i e s bu i l d i n g pe r m i t De p a r t m e n t of Pu b l i c Wo r k s . Th e SW P P P sh a l l be pr e p a r e d De p a r t m e n t of Pu b l i c Wo r k s ap p r o p r i a t e ap p r o v a l s by a Qu a l i f i e d SW P P P De v e l o p e r (Q S D ) . Th e SW P P P sh a l l pr i - bl i ob t a i n e d pr i o r to Ñ o. - pr i o r to is s u a n c e of bu i l d i n g is s u a n c e of in c l u d e th e mi n i m u m Be s t Ma n a g e m e n t Pr a c t i c e s (B M P s ) pe r m i t s in u i d i n e pe t re q u i r e d fo r th e id e n t i f i e d ri s k le v e l . Th e SW P P P sh a l l be SP de s i g n e d to ad d r e s s th e fo l l o w i n g ob j e c t i v e s : Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t ap p r o v a l Di v i s i o n co n d i t i o n of pr o j e c t ap p r o v a l 1) Al l po l l u t a n t s an d th e i r so u r c e s , in c l u d i n g so u r c e s of se d i m e n t as s o c i a t e d wi t h co n s t r u c t i o n , co n s t r u c t i o n si t e er o s i o n , an d al l ot h e r ac t i v i t i e s as s o c i a t e d wi t h co n s t r u c t i o n ac t i v i t y ar e co n t r o l l e d ; 2) Wh e r e no t ot h e r w i s e re q u i r e d to be un d e r a Re g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d pe r m i t , al l no n - s t o r m w a t e r di s c h a r g e s ar e id e n t i f i e d an d ei t h e r el i m i n a t e d , co n t r o l l e d , or tr e a t e d ; 3) Si t e BM P s ar e ef f e c t i v e an d re s u l t in th e re d u c t i o n or el i m i n a t i o n of po l l u t a n t s in st o r m w a t e r di s c h a r g e s an d au t h o r i z e d no n - s t o r m w a t e r di s c h a r g e s fr o m co n s t r u c t i o n ac t i v i t y . Th e er o s i o n an d se d i m e n t co n t r o l Fi l e #: 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 3 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y | Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) pl a n sh a l l in c l u d e th e ra t i o n a l e us e d fo r se l e c t i n g BM P s in c l u d i n g su p p o r t i n g so i l lo s s ca l c u l a t i o n s , as ne c e s s a r y ; 4) St a b i l i z a t i o n BM P s in s t a l l e d to re d u c e or el i m i n a t e po l l u t a n t s af t e r co n s t r u c t i o n ar e co m p l e t e d . 5) BM P im p l e m e n t a t i o n sh a l l be co n s i s t e n t wi t h th e BM P re q u i r e m e n t s in th e mo s t re c e n t ve r s i o n of th e Ca l i f o r n i a St o r m w a t e r Qu a l i t y As s o c i a t i o n St o r m w a t e r Be s t Ma n a g e m e n t Ha n d b o o k - C o n s t r u c t i o n or th e Ca l t r a n s St o r m w a t e r Qu a l i t y Ha n d b o o k Co n s t r u c t i o n Si t e BM P s Ma n u a l . X( a ) . Mi t i g a t i o n Me a s u r e HY D R O - 2 : Pr i o r to a _ Za . . ce r t i f i c a t e of oc c u p a n c y , th e Pr o j e c t ap p l i c a n t sh a l l ve r i f y Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as _ De n y pr o j e c t th a t op e r a t i o n a l st o r m w a t e r qu a l i t y co n t r o l me a s u r e s th a t ap p r o v a l Di v i s i o n on y of pr o j e c t co m p l y wi t h th e re q u i r e m e n t s of th e cu r r e n t Ph a s e II Sm a l l ap p r o v a MS 4 Pe r m i t ha v e be e n im p l e m e n t e d . Re s p o n s i b i l i t i e s Pr o j e c t sp o n s o r su b m i t s Pu b l i c Wo r k s Pu b l i c Wo r k s ve r i f i e s De n y is s u a n c e of in c l u d e , bu t ar e no t li m i t e d to : Ph a s e II Sm a l l MS 4 Pe r m i t Di v i s i o n ap p r o p r i a t e ap p r o v a l s ce r t i f i c a t e of ob t a i n e d pr i o r to Le Sa n Ra f a e l De p a r t m e n t of is s u a n c e of ce r t i f i c a t e oc c u p a n c y 3 Pu b l i c Wo r k s pr i o r to of oc c u p a n c y is s u a n c e of ce r t i f i c a t e of oc c u p a n c y 1) De s i g n i n g BM P s in t o Pr o j e c t fe a t u r e s an d op e r a t i o n s to re d u c e po t e n t i a l im p a c t s to su r f a c e wa t e r qu a l i t y an d to ma n a g e ch a n g e s in th e ti m i n g an d qu a n t i t y of ru n o f f as s o c i a t e d wi t h op e r a t i o n of th e pr o j e c t . Th e s e fe a t u r e s sh a l l be in c l u d e d in th e de s i g n - l e v e l dr a i n a g e pl a n an d fi n a l de v e l o p m e n t dr a w i n g s . 2) Th e pr o p o s e d pr o j e c t sh a l l in c o r p o r a t e si t e de s i g n me a s u r e s an d Lo w Im p a c t De v e l o p m e n t de s i g n st a n d a r d s , in c l u d i n g mi n i m i z i n g di s t u r b e d ar e a s an d im p e r v i o u s su r f a c e s , in f i l t r a t i o n , ha r v e s t i n g , Fi l e $: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 4 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y | Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d : (N a m e / D a t e ) - ev a p o t r a n s p i r a t i o n , an d / o r bi o - t r e a t m e n t of st o r m w a t e r ru n o f f . 3) Th e Pr o j e c t ap p l i c a n t sh a l l es t a b l i s h an Op e r a t i o n an d Ma i n t e n a n c e Pl a n . Th i s pl a n sh a l l sp e c i f y a re g u l a r in s p e c t i o n sc h e d u l e of st o r m w a t e r tr e a t m e n t fa c i l i t i e s in ac c o r d a n c e wi t h th e re q u i r e m e n t s of th e Ph a s e II Sm a l l MS 4 Pe r m i t . 4) Fu n d i n g fo r lo n g - t e r m ma i n t e n a n c e of al l BM P s sh a l l be sp e c i f i e d . XI I I . NO I S E XI I ( a ) . Mi t i g a t i o n Me a s u r e NO I S E - 1 : Im p l e m e n t a t i o n of Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t th e fo l l o w i n g me a s u r e s wo u l d re d u c e co n s t r u c t i o n no i s e ap p r o v a l Di v i s i o n ae of pr o j e c t le v e l s em a n a t i n g fr o m th e si t e , li m i t co n s t r u c t i o n ho u r s , an d PP mi n i m i z e di s r u p t i o n an d an n o y a n c e . Pr o j e c t sp o n s o r ob t a i n s Bu i l d i n g Bu i l d i n g Di v i s i o n De n y is s u a n c e of ap p r o v a l s fr o m ap p r o p r i a t e Di v i s i o n ve r i f i e s ae s ca bu i l d i n g pe r m i t . : - ap p r o v a l s ob t a i n ag e n c i e s pr i o r to is s u a n c e of 人 2 人 bu i l d i n g pe r m i t s bu i l d i n g pe r m i t a Co n s t r u c t i o n ac t i v i t i e s sh a l l be li m i t e d to th e ho u r s sp e c i f i e d in th e Ci t y of Sa n Ra f a e l ' s Mu n i c i p a l Co d e (7 am to 6 pm on we e k d a y s an d 9 am to 6 pm on Sa t u r d a y s ) . No co n s t r u c t i o n ac t i v i t i e s ar e pe r m i t t e d on Su n d a y s an d ho l i d a y s . b. Li m i t us e of th e co n c r e t e sa w to a di s t a n c e of 50 fe e t or gr e a t e r fr o m re s i d e n c e s , wh e r e fe a s i b l e . Co n s t r u c t te m p o r a r y no i s e ba r r i e r s to sc r e e n st a t i o n a r y no i s e - ge n e r a t i n g eq u i p m e n t , su c h as th e co n c r e t e sa w , wh e n lo c a t e d ne a r ad j o i n i n g se n s i t i v e la n d us e s . Te m p o r a r y no i s e ba r r i e r s co u l d re d u c e co n s t r u c t i o n no i s e le v e l s by 5 dB A . Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 5 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y | Co m p l i a n c e Ac t i o n & Sc h e d u l e : Re c o r d (N a m e / D a t e ) c. Eq u i p al l in t e r n a l co m b u s t i o n en g i n e - d r i v e n eq u i p m e n t wi t h in t a k e an d ex h a u s t mu f f l e r s th a t ar e in go o d co n d i t i o n an d ap p r o p r i a t e fo r th e eq u i p m e n t . d. Un n e c e s s a r y id l i n g or in t e r n a l co m b u s t i o n en g i n e s sh o u l d be st r i c t l y pr o h i b i t e d . e. Lo c a t e st a t i o n a r y no i s e - g e n e r a t i n g eq u i p m e n t su c h as ai r co m p r e s s o r s or po r t a b l e po w e r ge n e r a t o r s as fa r as po s s i b l e fr o m se n s i t i v e re c e p t o r s . f Ut i l i z e "q u i e t " ai r co m p r e s s o r s an d ot h e r st a t i o n a r y no i s e so u r c e s wh e r e te c h n o l o g y ex i s t s . g. C o n t r o l no i s e fr o m co n s t r u c t i o n wo r k e r s ' ra d i o s to a po i n t wh e r e th e y ar e no t au d i b l e at ex i s t i n g re s i d e n c e s bo r d e r i n g th e pr o j e c t si t e . h. No t i f y al l ad j a c e n t bu s i n e s s , re s i d e n c e s , an d ot h e r ‘n o i s e - s e n s i t i v e la n d us e s of th e co n s t r u c t i o n sc h e d u l e , in wr i t i n g , an d pr o v i d e a wr i t t e n sc h e d u l e of "n o i s y " co n s t r u c t i o n ac t i v i t i e s to th e ad j a c e n t la n d us e s an d ne a r b y re s i d e n c e s . i. De s i g n a t e a "d i s t u r b a n c e co o r d i n a t o r " wh o wo u l d be re s p o n s i b l e fo r re s p o n d i n g to an y co m p l a i n t s ab o u t co n s t r u c t i o n no i s e . Th e di s t u r b a n c e co o r d i n a t o r wi l l de t e r m i n e th e ca u s e of th e no i s e co m p l a i n t (e . g . , ba d mu f f l e r , et c . ) an d wi l l re q u i r e th a t re a s o n a b l e me a s u r e s be im p l e m e n t e d to co r r e c t th e pr o b l e m . Co n s p i c u o u s l y po s t a te l e p h o n e nu m b e r fo r th e di s t u r b a n c e co o r d i n a t o r at th e co n s t r u c t i o n si t e an d in c l u d e in it th e no t i c e se n t to ne i g h b o r s re g a r d i n g th e co n s t r u c t i o n sc h e d u l e . Fi l e #: 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 6 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) XV I I . TR A N S P O R T A T I O N XV I I ( a ) . Mi t i g a t i o n Me a s u r e TR A N S - 1 : Th e pr o j e c t sp o n s o r sh a l l co n s t r u c t a pe d e s t r i a n si d e w a l k , su b j e c t to th e av a i l a b i l i t y of ri g h t - o f - w a y an d th e fe a s i b i l i t y of th e dr a i n a g e de s i g n , on th e we s t si d e of Re d w o o d Ro a d di r e c t l y ad j a c e n t to th e pr o j e c t dr i v e w a y co n n e c t i n g to th e ex i s t i n g Pr o j e c t sp o n s o r ob t a i n s Pu b l i c Wo r k s Pu b l i c Wo r k s De n y is s u a n c e of si d e w a l k . ap p r o v a l s fr o m ap p r o p r i a t e Di v i s i o n Di v i s i o n ve r i f i e s bu i l d i n g pe r m i t ap p r o p r i a t e ap p r o v a l s ag e n c i e s pr i o r to is s u a n c e of ob t a i n e d pr i o r to bu i l d i n g pe r m i t s is s u a n c e of bu i l d i n g pe r m i t Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as De n y pr o j e c t ap p r o v a l Di v i s i o n co n d i t i o n of pr o j e c t ap p r o v a l XV I I L TR I B A L CU L T U R A L RE S O U R C E S Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 7 At t a c h m e n t A MI T I G A T I O N MO N I T O R I N G AN D RE P O R T I N G PR O G R A M 35 0 Me r r y d a l e Ro a d Mi t i g a t i o n Me a s u r e Im p l e m e n t a t i o n Mo n i t o r i n g Mo n i t o r i n g / No n - C o m p l i a n c e Mo n i t o r i n g Pr o c e d u r e Re s p o n s i b i l i t y Re p o r t i n g Sa n c t i o n / A c t i v i t y Co m p l i a n c e Ac t i o n & Sc h e d u l e Re c o r d (N a m e / D a t e ) XV I I I (a ) . Mi t i g a t i o n Me a s u r e TR I B A L - 1 : Re q u i r e as a co n d i t i o n of Pl a n n i n g In c o r p o r a t e as | De n y pr o j e c t Im p l e m e n t a t i o n of th e un a n t i c i p a t e d di s c o v e r y me a s u r e s ap p r o v a l Di v i s i o n en a of pr o j e c t ou t l i n e d in Se c t i o n V( b ) an d (d ) ab o v e , ad d r e s s th e po t e n t i a l 人 di s c o v e r y of pr e v i o u s l y un k n o w n re s o u r c e s wi t h i n th e Pr o j e c t sp o n s o r de s i g n a t e s Pl a n n i n g Pr o j e c t sp o n s o r to ha l t De n y is s u a n c e of pr o j e c t ar e a . If si g n i f i c a n t tr i b a l cu l t u r a l re s o u r c e s ar e qu a l i f i e d pr o f e s s i o si ¡B u i l d i n g wo r k im m e d i a t e l y bu i l d i n g pe r m i t id e n t i f i e d on s i t e , al l wo r k wo u l d st o p im m e d i a t e l y wi t h i n 50 ur s u a n t to NA H C Di v i s i o n up o n di s c o v e r y of fe e t of th e re s o u r c e ( s ) an d th e pr o j e c t ap p l i c a n t wo u l d P un k n o w n re s o u r c e s co m p l y wi t h al l re l e v a n t St a t e an d Ci t y po l i c i e s an d pr o c e d u r e s pr e s c r i b e d un d e r PR C Se c t i o n 21 0 7 4 . re q u i r e m e n t s an d ob t a i n s ap p r o v a l s fr o m ap p r o p r i a t e ag e n c i e s pr i o r to is s u a n c e of Pl a n n i n g / Bu i l d i n g bu i l d i n g pe r m i t s Di v i s i o n ve r i f i e s ap p r o p r i a t e p r o f e s s i o n a l s / a p p r o v a l s ob t a i n e d pr i o r to is s u a n c e o f bu i l d i n g pe r m i t Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 8 At t a c h m e n t A Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 / Ti t l e : Re s o l u t i o n Re c o m m e n d i n g Ad o p t i o n of Mi t i g a t e d Ne g a t i v e De c l a r a t i o n Ex h i b i t : 3 At t a c h m e n t A- 1 9 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT (PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISION OF PD 1594 AND CREATION OF A NEW PD DISTRICT. TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE? MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on September 17, 1990, the City Council adopted Ordinance No. 1594, which established a Planned Development (PD) allowing the land use regulations for use of the property as a day care for training up to 120 developmentally disabled adults consistent with conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August 14, 1990; and WHEREAS, the current Planned Development (PD1594) District zoning for this site does not allow residential development and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance; and. WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, submitted an application for PD Rezoning (ZC19-002) requesting to establish the required development standards for the proposed redevelopment of the site to allow the construction of 45 residential “for sale” condominium units, parking, landscaping and creekside enhancements, and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, also submitted accompanying applications for Environmental and Design Review Permit (ED18-100), Tentative Subdivision Map (TS18-006), Subdivision Exception (EX19-012), Use Permit (UP18-039) and Environmental Review/Initial Study (IS18-001) and these accompanying applications and are being processed concurrent with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, the application for the PD rezoning proposes to rescind the current PD 1594 and establish a new PD District for the property that would allow for multi-family residential use; and WHEREAS, the proposed PD District land use and development regulations for the property are presented in Attachment B. The PD proposes: a. Rescind the current PD 1594 b. Create a new PD Zoning District for the 350 Merrydale Rd/3833 Redwood Highway property; c. Establish permitted land uses in the new PD, that would mirror the current allowances in the High Density Residential (HR1) Zoning District; and d. Establish development standards, including parking requirements, consistent with the HR1 Zoning District. WHEREAS, consistent with the requirement of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared finding that the proposed new 45-unit townhome development would not result in significant environmental effects, in that revisions to the project have been made and mitigation measures are required to 1 EXHIBIT 3 mitigate any potential adverse impacts to less-than-significant levels. Mitigation Measures were identified to reduce the level of significance to less than significant in the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, on July 17, 2018, the Design Review Board (DRB) reviewed the project as a conceptual review item. The Board was largely supportive of the proposed building design but recommended changes, including greater sensitivity to the neighbors resulting from the roof decks, increasing the front setback along Merrydale Rd. to comply with the required 15” front setback, improving recreational activities for children on the site, addition of a Community Room, and provide information for the required trash enclosure; and WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more informal presentation and discussion with surrounding neighbors. WHEREAS, the applicant revised the project in response to the Board’s comments, as well as to public comments during the DRB and neighborhood meeting, including 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft.; 4) providing crane pads for creek maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed Accessory Dwelling Units (ADU’s); 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); and 10) adding bio-retention information to landscape plan. The side yard setback along the south property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking were eliminated in order to re-design and eliminate the proposed building encroachment into the required 25’ creek setback WHEREAS, on August 6, 2019, the City of San Rafael Design Review Board (DRB) conducted a duly- noticed public meeting and reviewed the formal application and plans submitted for the project. The Board found that the changes had adequately addressed their prior comments during conceptual review and in conclusion, the Board voted to recommend approval of the project design, with some minor changes. The motion was made by Member Saude and second by Member Rege. Motion to recommend approval of the project design passed 3-0-2 with Members Paul, Rege and Saude voting “aye” and Members Kent and Summers absent. The recommended : modifications included: e Community /Recreation Room and adjacent Paseo promenade needs to provide a more integrated indoor/outdoor common amenity for the residents. e Visual impacts of AC units need to be mitigated better along public areas (Paseo and creek trail) and Merrydale frontage. The applicant is encouraged to explore greater landscape screening and/or relocating and grouping the AC units to the interior ends of the buildings. e The project needs to incorporate greater sustainability into the design, including, but not limited to, pre- wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar systems. WHEREAS, the applicant has incorporated all recommended changes in the revised plan submitted to the Planning Commission; WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of the Planning Commission hearing, through the following means: 1) publishing a legal ad in the Marin Independent Journal on November 9, 2019; 2) subject site was posted with a public notice regarding the Mitigated Negative Declaration 2 and the project applications; and 3) notices Were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public hearing on the proposed project, the planning applications for the 45-unit residential townhome development at 350 Merrydale Rd/3833 Redwood Hwy, considering the PD rezoning application, accepting all oral and written public testimony and the written staff report of the Department of Community Development relevant to the proposal; and WHEREAS, on December 10, 2019, by adoption of a separate resolution, the Planning Commission recommended to the City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on December 10, 2019, by adoption of a separate resolution, the Planning Commission recommended to the City Council approval of the Environmental and Design Review Permit (ED18-100), Master Use Permit (UP19-039), Tentative Subdivison Map (TS18-006) and Subdivision Exception (EX19-012) to the City Council, which approve the proposed site plan, architecture, site improvements and landscaping and would establish the appropriate development regulations and land use limitations for the residential use; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael. NOW THEREFORE BE IT RESOLVED, that the Planning Commission recommends to the City Council that the existing Planned Development (PD) District (PD 1594) as shown on the map contained in Attachment “A” and further described in Attachment “C” be rescinded and a new PD District as outlined in Attachment “B” (350 Merrydale Residential Townhomes) be established based on the following findings, as required under Zoning Ordinance Sections 14.07.090 and 14.27.060: 1. The Development Plan is consistent in principle with the San Rafael General Plan 2020 and other applicable City plans or policies in that the 350 Merrydale Rd. Residential Townhomes - Planned Development District document includes appropriate development standards, and is subject to an Environmental and Design Review Permit and a Master Use Permit, implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design Review Permit) of the San Rafael Zoning Ordinance, Subdivision Ordinance (Title 15 of San Rafael Municipal Code, and the applicable General Plan land use policies, including: a) The proposed project as designed and conditioned would be would be consistent with Land Use Element Policies LU-2 (Development Timing), ), LU-8 (Density of Residential Development), LU-10 (Planned Development Zoning), LU-12 (Building Heights), LU-23 (Land Use Compatibility), LU-23 (Land Use Map and Categories) given that the project: 1) would be approved at a time when there is adequate infrastructure to serve the proposed development; 2) 3) would not exceed the maximum density allowed in the GC Land Use category (34-72 units); 4) would not exceed the maximum building height of 36 feet allowed for this area of San Rafael; and 5) has been designed to minimize potential visual impacts on the surrounding residnetial properties by limiting bulk, mass and height; b) The proposed project as designed and conditioned would be consistent with Housing Element Policies H- 2 (Designs that Fit Into Neighborhoods), H-3 (Public Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit), and H-19 (Inclusionary Housing), in that: 1) residential development is allowed on the site per the General Commercial General Plan Land Use deisgnation; 2) the project design has been subject to review by the public and has been recommended for approval by the Design Review Board; 3) the project would add 45 units of housing within walking diatnce of mass transit, incluing the Civic Cemter SMART Train station, Y. mile from the project siteof the SMART Train; and 4) the project would include nine (9) below-market-rate (BMR) units, five (5) affordable at the low- income level and four (4) at moderate-icome level. c) d) The project is partially consistent with the applicable Neighborhoods Element Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing Mix), NH-17 (Competing Concerns), NH- 151 (New Ddevelopment), NH-86 (Design Considerations for Development in the Vicinity of the Civic Center), NH-128 (Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale Rd.) in that: 1) the proposed new 45-unit development has been designed to be a transitional use between existing commercial development and residential development on Merrydale Rd. The building design minimizes impacts to surrounding residential properties by providing code compliant front and side setbacks and preserving some existing trees at the perimeter of the project site and proposing 55 new trees on site; 2) 94 parking spaces are provided on the site in compliance with the required parking requirement for 45 units, and 4 new on-street parking spaces would be created along the east side of Merrydale Rd.; and 3) Redwood Highway would be extending and provide secondary access through the project site, allowing pedestrian access to the propsoed new “creek promenade” on the north side of the site as well as vehicular access to Merrydale Rd. The project as proposed and as conditioned would be consistent with Community Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods), CD-5 (Views), ; CD-11 (Multifamily Design Guidelines), CD-14 (Recreational Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), CD-19 (Lighting) in that the project design: 1) preserves, to the greatest extent possible, views the Civic Center from the adjacent one-story residential neighborhood. The building heignt 1s 33.5” (less than the 36’ height limit allowed); 2) is generally in keeping with the mass and scale of adjacent commercial and residential development on the east side of Merrydale Rd. and would introduce a higher quality architectural design than currently present on the site; 3) provides landscaping to screen and enhance the project and site; 4) provides new “creek promenade” with landscaping and recreational amenities along Las Gallinas Creek to the north of the development; 5) creates adequate lighting without spillover onto adjacent properties or natural areas; and 6) has been reviewed by the Design Review Board and found to be consistent the applicable design policies of the General Plan and the City’s Residential Design Guidelines. The project as proposed and as conditioned would be consistent with Circulation Policies C-5 (Traffic level of Service Standards), C-7 (Circulation Improvements FF unding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential Area Parking) in that the project: 1) would not exceed the acceptable level of service standards (LOS), LOS E, for both intersections or arterials; 2) would be required to pay its fair share towards traffic impacts to fund circulation impacts in order to maintain acceptable LOS standards for the General Plan; 3) would maintain adequate access for emergency services as determined by the City’s Public Safety Departments; and 4) would create a new Class III Bike Lane along Meerydale Rd. and install a new sidewalk along the east side of Merrydale, thereby facilitating better pedestrian access along Merrydale Rd. as well as pedestrain access to the new creek promenade area, The project as proposed and as conditioned would be consistent with Infrastructure Element Policies 1-2 (Adequacy of City Infrastructure and Services), and 1-10 (Sewer Facilities) in that: 1) the appropriate utility agencies have reviewed the project and determined that the property is currently being served. However, 1) Marin Municipal Water District (MMWD) has determined that the property’s current annual water entitlement may be insufficient for the new uses and the purchase of additional water entitlement may be required, as well as compliance with all indoor and outdoor requirements of District Code Title 13 for water conservation; and 2) the Las Gallinas Valley Sanitation District (LGVSD) would continue to provide service to the project site, although the 45 proposed residential townhome units would result in an increase in intensity of development over existing uses. The LGVSD has reviewed the project, provided comments and will require that the development project submit an Application for Allocation of Capacity and pay additional capacity fees prior to submittal of a building permit. The project design incorporates sanitary sewer infrastructure that connects all residences to the current LGVSD sanitary system, including two possible infrastructure improvements: a) a gravity system and flow diversion with an updated LGVSD pump station, or b) a lift-station (with control cabinet) located in the southeastern 4 g) h) j) k) corner of the project site for pumping sanitary sewer to the main LGVSD pump station (which would also be updated). Either design solution would satisfy LGVSD requirements for sanitary sewer service. The project as proposed and as conditioned would would be consistent with the Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources), SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Ti rees), SU-10 (Zero Waste) in that given that: 1) the revised project plans include a provision that all townhome units and stacked flats (to the extent practicable) will be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage units will be provided with 220-volt power points suitable for EV charging; 3) the project will comply with the most recently adopted CBC (California Building Code) CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the Marin Municipal Water District’s most recently adopted water conservation and gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees will be preserved on site; and 6) The project is proposing a covered and screened trash enclosure, the design and location of which has been reviewed and approved by Marin Sanitary Service (MSS). The project as proposed and as conditioned would would be consistent with the Culture and Arts Element Policy CA-15 (Protection of. Archaeological Resources) in that: 1) The existing buildings were constructed in 1967 or 1968 as a school facility but does not meet criteria as defined in CEQA Guidelines Section 15064.5. The existing structures and site have been modified over the years and do not appear to have any historical significance; and 2) the site for original construction of existing buildings would have - disrupted any archaeological deposits if they were present. Indications of the disturbance would likely still be apparent when examining remnant soils. Based on the results of the cultural resources investigation conducted for the proposed project, no prehistoric or historic-period archaeological resources were identified within the project area. However, mitigation measures have been included in the IS/MND MMRP (CULT-1 and CULT-2) to protect any resources found during construction activities. The project as proposed and as conditioned would be consistent with Park and Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project will provide a 500 sq. ft. “community room” for the residents which will include a kitchen area and bathroom. The community room will also have sliding glass doors that open onto an approximately 500 sq. ft. patio area, with planters seating, and a BBQ area. The project as proposed and as conditioned would be consistent with Safety Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality Control Board (RWQCB) Requirements), and S-32 (Safety Review of Development Projects) in that: 1) the project has been reviewed using the hazard maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review concluded that the development on this site, with conditions, is feasible and appropriate from a geotechnical engineering standpoint; 3) the project would not include any hazardous materials or uses in it operations; 4) the development would be built to conform to current building and seismic safety codes; 5) the structure would be built in accordance with the Federal Emergency Management Agency (FEMA) regulations for this type of structure and use ina 500-year flood zone; 6) an erosion control plan would be required during contsruction of the project; 7) the drainage plan would direct all new run-off from the site into vegetative bio-retention areas before being released into the storm drain system, and 8) the project has been reviewed by the Police and Fire Department and found to be in conformance with their fire and crime prevention standards and would not pose a risk to public safety safety or impact their levels of service. The project as proposed and as conditioned would be consistent with Noise Element Policies N-1 (Noise Impacts on New Development), N-2 (Exterior Noise Levels for Residential Use), N-3 (Planning and Design of New Development), N-4 (Noise from New Nonresidential Development), and N-5 (Traffic Noise from New Developmentin that the project: 1) Based on information in the Acoustical Report by Illingworth and Rodkin, the IS/MND analysis indicated that Building 2 through Building 7 would also exceed the 45 dBA Ldn threshold with windows partially open. With standard construction and forced- air ventilation, allowing occupants the option of keeping windows closed to control noise, Buildings 1, 2 5 I) 8, and 9 would achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades or buildings 3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be partially shielded by the buildings to the east and would be exposed to 67 dBA Ldn. The west facade of Buildings | and 9 would be exposed to traffic noise from Merrydale Rd. up to 58 dBA Ldn. These levels are in the “Clearly Unacceptable” range in Exhibit 31 of the General Plan 2020. Therefore, the Acoutical Report recommended additional mitigation measures required prior to issuance of the building permit to required force-air ventilation and the appropriate STC window ratings to maintain interior noise levels at acceptable levels (see Environmental and Design Review Permit COA #25; 2) conditions and mitigations have been incorporated to reduce any temporary impacts due to construction (Initial Study Mitigation Meausure NOISE-1); and 3) the Acoutical Report determined that the primary noise sources at the site would continue to be vehicular traffic on US- 101 and Merrydale Rd. US-101 is elevated by about 10 feet above the site. Based on traffic volumes provided in the Traffic Impact Assessment Report prepared for the proposed project, traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future conditions (2040) due to increases in traffic volumes on Merrydale Rd.. An increase in 1 dBA would be barely detectable to typical human hearing and is not considered a significant increase. The project as proposed and as conditioned would be consistent with Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7 (Public Access to Creeks), CON-8 (Enhancement of Creeks and Drainageways), CON-9 (Native and/or Sensitive Habitats), CON-14 (Special Status Species), and CON-16 (Landscape with Native Plant Species) in that the proposed project: 1) would maintain setbacks from the creek and provide creek enhancements with added landscaping and pedestrian access point; 2) would not impact a wildlife corridor since the site is currently developed and biological assessments have found no such corridors; 3) would not impact any senstive or threatened/endangered species or habitats; 4) has been conditioned to ensure that disturbance to any potential nesting birds be avoided during construction; and 5) would provide new trees and shrubs throughout the site, as well as bio-retention areas to facilitate proper site drainage. m) The project as proposed and as conditioned would be consistent with Air and Water Quality Element Policies: AW-1 (State and Federal Standards), AW-2 (Land Use Compatibility), AW-4 (Particulate Matter Pollution Reduction), AW-7 (Local, State and F ederal Standards), and AW-8 (Reduce Pollution from Urban Runoff) since the project: 1) would comply with local, state and federal air quality standards; 2) mitigation measures have been incorporated to address temporary air quality impacts during construction; 3) drainage systems have been designed to utilize vegetated swales before discharging drainage into storm drain systems or the creek; and 4) methods consistent with the Storm Water Pollution Prevention Standards of the Regional Water Quality Board have been incorporated into the design and conditions have been included to require compliance with these standards. The applicant proposes to add 45-units of new residential development (market rate and BMR units) which will help serve to accommodate the projected need for 1,007 additional housing units in the City by the year 2023. The 3-story development will serve as a transition between the existing 2-story residential properties, commercial development and the single family lots in the interior Rafael Meadows neighborhood. The existing creek has been protected by providing a 25” setback and also will be enhanced with new vegetation along the south bank and designed with a shared maintenance and pedestrian promenade. Further, the development plan has been reviewed and recommended for approval by the Design Review Board. The applicant has demonstrated that the proposed development can be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing development and are available to serve the proposed redeveloped site. The applicant has accepted the City’s direction to use the HR1 property development standards for the new PD zoning, as this zoning district most closely approximates the adjacent property development standards. The proposed new development has designed to be in compliance with the applicable HR1 property development standards, and the proposed project is not requesting any deviations (Variances) from the HR1 6 setbacks. However, the City standard per Chapter 15.06.050 (c) is that local streets provide a minimum ROW of 60” and a minimum pavement width of 40’. Due to site constraints (creek and utility easements) the applicant is requesting an exception to allow a private street with an easement of 30’ and a minimum pavement width of 20’ and also providing at least one sidewalk. This requires approval of an Exception request, pursuant to SRMC Section 15.01.120 (c). The City Engineer has reviewed the project and is in support of the Exception request. 5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan is adequately designed for circulation needs and public safety in that: a) with Development Plan proposes sidewalks throughout the development for pedestrian access, including access to the proposed new creek promenade area; b) the project triggers the creation of a new Class III Bike Lane along Merrydale Rd.; c) the emergency vehicle ingress and egress from the development would be provided through the existing roadway, as well as from an extension of Redwood Highway (allowing traffic to pass through the development and access Merrydale Rd.) and has been found to be adequate by the City of San Rafael Fire and Police Departments, d) the access and site layout has been reviewed by the appropriate City Departments and has been determined that an Exception to street width standards is appropriate and acceptable and e) code compliant parking (94 spaces) will be provided on site, with an additional 4 new on-street spaces added to the east side of Merrydale Rd. 6. The public health, safety and welfare are served by the adoption of the proposed PD District, in that the project as proposed and conditioned: a) would implement housing and environmental goals and policies adopted for this site in the San Rafael General Plan 2020; b) would conform to City standards for safety; c) as proposed, and conditioned, it would be consistent with the recommended mitigation measures presented in the Initial Study/Mitigated Negative Declaration prepared for this project; and d) would address project impacts to privacy, traffic, parking through the inclusion of condition of approval on the Master Use Permit and Environmental and Design Review Permit. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 10% day of December 2019. Moved by and seconded by AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A. Jensen, Secretary Sarah Loughran, Chair Attachment A: Rezoning Map Attachment B: Planned Development District Standards Attachment C: Legal Property Description _ Attachment A REZONING MAP APN 179-041-27 APN 179-041-28 PD Rezoning to Rescind PD 1594 to create a new PD for these two properties known as 3833 Redwood Highway/350 Merrydale Rd File #: ZC19-002/ED18-100/TS18- 006/EX19-102/UP18-039/1S 18-001 Title: Resolution Recommending Adoption of Revised Planned District Exhibit: 3-8 Attachment A 1. Attachment B MERRYDALE TOWNHOMES — PLANNED DEVELOPMENT DISTRICT PURPOSE OF PLANNED DEVELOPMENT DISTRICT The purpose of the Planned Development District for the 45-unit residential development is to regulate the development of a 2.28-acre site known as the Merrydale Townhomes located at 350 Merrydale Road/38833 Redwood Highway. LAND USE REGULATIONS a) This PD permits a 45-unit residential condominium development on the 2.28-acre site, a 500 square foot Community Room for tenant use and a “Creek Promenade” area for use as a recreational amenity, as per approved plan Sheet SP-2. b) All other land uses shall follow the land use regulations set forth in the High Density Residential (HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020). c) Private Usable Open Space: Balconies provided for the units shall remain open and not be enclosed or otherwise screened with mesh or other materials. d) Common Usable Open Space on site to include: e Community Room: A flexible space to be used by residents with a clear interior dimension of 14° 6” x 20” 6” space, a kitchen area (with sink, stove and refrigerator) and bathroom and storage area. A ping pong table and stacking tables shall be provided for the space. The Community Room would have access to an exterior 500 sf patio area with planters, seating and a BBQ as shown in approved Plan Sheet L4. This community room shall remain available as a recreational space to all residents and shall not be converted into a living unit or a leasing office or storage space. e Creek Promenade: A creek promenade area shall be established along the north side of the project site, adjacent to the Las Gallinas Creek. The creek promenade shall be design with landscaping, removable fencing/benches/light bollards as per approved Plan Sheet L1 through L3. Passive play area activities shall be installed for children as per approved Plan Sheet L3. The promenade shall be used as a recreational amenity and is also designed to provide access to equipment for creek maintenance activities. e) Site Lighting fixtures (number and type) shall be installed as per approved Plan Sheet L11. DEVELOPMENT STANDARDS The Planned Development shall be developed in conformance with the development plans, associated drawings and reports submitted with the Planned Development as listed in the Exhibit section and the development standards set forth below. a) Maximum Lot Coverage The maximum lot coverage for the site shall be 60% as shown on the development plan. b) Floor Area Ratio: N/A File #: ZC19-002/ED18-100/TS18- 006/EX19-102/UP18-039/IS 18-001 Title: Resolution Recommending Adoption of Revised Planned District Exhibit: 3-9 Attachment B d) Attachment B MERRYDALE TOWNHOMES — PLANNED DEVELOPMENT DISTRICT Residential Density: Maximum of 45 residential units. Accessory dwelling units (ADU’s) or Junior Dwelling Unit (JDU’s) are allowed on the site and do not count against the maximum residential density. Future ADU’s on site shall be subject to the same regulations stipulated in the Zoning Ordinance or as modified by State law. Minimum Yards: e Front: 15” e Side: 5” e Rear: 5’ Maximum Building Height e Building height limits for this site is 36’ per Exhibit 7 in San Rafael General Plan 2020. e Exclusions to the maximum height limits shall be as prescribed by Section 14.16.120 of the Zoning Ordinance, as amended. Parking + Residential parking shall be provided as proposed: 94 on-site parking spaces (87 garage spaces, including 20 tandem spaces) and 7 uncovered on-site, on-street spaces (including 1 ADA space). The ADA space and on-street spaces on site shall be located as shown on approved Plan Sheet SP-2. e Parking for ADU or JADU's shall follow the prescribed parking requirement in the Zoning Ordinance. EXHIBITS a) b) c) d) Architectural Plans prepared by WHA Architects - Sheets SP1 through SP-7, and Architectural Plan Sheets A-1 through A-13. Civil Engineering Plans prepared by Oberkamper & Associates consisting of Sheet C-1 through C-5. Landscape Plan prepared by Ripley Design Landscape Architects, consisting of Sheets L1 through L12. Photometric Study prepared by Associated Lighting Representatives consisting of Sheet 1. AMENDMENTS a) b) Amendments to uses that exceed the standards prescribed by this PD or propose uses that are not consistent with the land use regulations of the PD shall require an amendment to the PD District. Amendments to the design, color or materials of the structures or minor site modifications to site improvements or addition of minor accessory structures, shall be administered through an Environmental and Design Review Permit. File #: ZC19-002/ED18-100/TS18- 006/EX19-102/UP18-039/IS 18-001 Title: Resolution Recommending Adoption of Revised Planned District Exhibit: 3-10 Attachment B Attachment C Legal Property Description To be inserted at time of City Council hearing File #: ZC19-002/ED18-100/TS18- 006/EX19-102/UP18-039/IS 18-001 Title: Resolution Recommending Adoption of Revised Planned District Exhibit: 3-11 Attachment C RESOLUTION NO. RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-100), TENTATIVE SUBDIVISION MAP (TS18-006), MASTER USE PERMIT (UP18-039). AND SUBDIVISION EXCEPTION (EX19-012) TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE’ MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR) UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on September 17, 1990, the City Council adopted Ordinance No. 1594, which established a Planned Development (PD) allowing the land use regulations for use of the property as a day care for training up to 120 developmentally disabled adults consistent with conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August 14, 1990; and WHEREAS, the current Planned Development (PD1594) District zoning for this site does not allow residential development and does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance; and. WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties Inc, submitted accompanying applications for Environmental and Design Review Permit (ED18-100), Master Use Permit (UP18-039) Tentative Subdivision Map (TS18-006), and Subdivision Exception (EX19-012), and these applications and are being processed concurrent with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the property owner, Ridgewood Properties, concurrently submitted an application for PD Rezoning (ZC19-002) requesting to establish the required development standards for the proposed redevelopment of the site to allow the construction of 45 residential “for sale” condominium units, parking, landscaping and creekside enhancements; and WHEREAS, consistent with the requirement of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared finding that the proposed new 45-unit townhome development would not result in significant environmental effects, in that revisions to the project have been made and mitigation measures are required to mitigate any potential adverse impacts to less-than-significant levels. Mitigation Measures were identified to reduce the level of significance to less than significant in the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, on July 17, 2018, the Design Review Board (DRB) reviewed the project as a Conceptual Review item. The Board was largely supportive of the proposed building design but recommended changes, 1 EXHIBIT 4 including greater sensitivity to the neighbors resulting from the roof decks, increasing the front setback along Merrydale Rd. to comply with the required 15” front setback, improving recreational activities for children on the site, addition of a Community Room, and provide information for the required trash enclosure; and WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more informal presentation and discussion with surrounding neighbors. WHEREAS, the applicant revised the project in response to the Board’s comments, as well as to public comments during the DRB conceptual design review and neighborhood meeting, including 1) providing a broader range of unit types and sizes, 2) providing a community room and outdoor patio complete with furnishings, 3) increasing the creek setback to a minimum of 25 ft. 4) providing crane pads for creek maintenance. 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2 inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the proposed ADU’s; 8) eliminating the California Pepper tree species; 9) providing more details on the creek promenade area (which will also have amenities for youth to play); and 10) adding bio-retention information to landscape plan. The side yard setback along the south property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street parking were eliminated in order to re-design and eliminate the proposed building encroachment into the required 25’ creek setback WHEREAS, on August 6, 2019, the City of San Rafael Design Review Board (DRB) conducted a duly- noticed public meeting and reviewed the formal application and plans submitted for the project. The Board found that the changes had adequately addressed their prior comments during conceptual review and in conclusion, the Board voted to recommend approval of the project design, with some minor changes. The motion was made by Member Saude and second by Member Rege. Motion to recommend approval passed 3-0-2, with Members Paul, Rege and Saude voting “aye” and Members Kent and Summers absent. The recommended modifications included: e Community/Recreation Room and adjacent Paseo promenade needs to provide a more integrated indoor/outdoor common amenity for the residents. e Visual impacts of A/C units need to be mitigated better along public areas (Paseo and creek trail) and Merrydale frontage. The applicant is encouraged to explore greater landscape screening and/or relocating and grouping the A/C units to the interior ends of the buildings. e The project needs to incorporate greater sustainability into the design, including, but not limited to, pre- wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar systems. WHEREAS, the applicant has incorporated all recommended changes in the revised plan submitted to the Planning Commission. WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated Negative © Declaration, along with the planning applications were publicly noticed 30 days in advance of the Planning Commission hearing, through the following means: 1) publishing a legal ad in the Marin Independent Journal on November 9, 2019 pursuant to CEQA Guidelines Section 15072; 2) subject site was posted with a public notice regarding the Mitigated Negative Declaration and project applications; and 3) notices were mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups; and WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public hearing on the proposed project, the planning applications for the 45-unit residential townhome development at 350 Merrydale Rd/3833 Redwood Hwy, considering the PD rezoning application, accepting all oral and written public testimony and the written staff report of the Department of Community Development relevant to the proposal; and WHEREAS, on December 10, 2019, by adoption of a separate resolution, the Planning Commission recommended to the City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on December 10, 2019, by adoption of a separate resolution, the Planning Commission recommended adoption of a PD Rezoning (ZC19-002) approval to rescind the current PD zoning and establish a new PD toallow for the multi-family development as presented in the proposed development plans, with appropriate development regulations and land use limitations for the residential use; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department of the City of San Rafael. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of San Rafael does hereby recommend approval to the City Council approval of the applications for the Environmental and Design Review Permit (ED18-100), Master Use Permit (UP18-039) Tentative Subdivision Map (TS18-006), and Subdivision Exception (EX19-012) based on the following findings: Environmental and Design Review Permit Findings (ED18-100) In accordance with San Rafael Municipal Code (SRMC) Section 14.25.090. Findings, the following findings are required for approval of an Environmental and Design Review Permit: 1. The Project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the zoning district in which the site is located as noted above. A detailed discussion of the Project’s consistency with the applicable General Plan policies is provided in detail in matrix format in the attached General Plan Consistency Analysis (Exhibit 5). a) The proposed project as designed and conditioned would be would be consistent with Land Use Element Policies LU-2 (Development Timing), LU-8 (Density of Residential Development), LU-10 (Planned Development Zoning), LU-12 (Building Heights), LU-14 (Land Use Compatibility), LU-23 (Land Use Map and Categories) given that the project: 1) would be approved at a time when there is adequate infrastructure to serve the proposed development; 2) the proposed 45-units would not exceed the maximum density allowed in the GC Land Use category (34-72 units); 3) would not exceed the maximum building height of 36 feet allowed for this area of San Rafael; and 4) has been designed to minimize potential visual impacts on the surrounding residnetial properties by limiting bulk, mass and height. b) The proposed project as designed and conditioned would be consistent with Housing Element Policies H- 2 (Designs that Fit Into Neighborhoods), H-3 (Public Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit), and H-19 (Inclusionary Housing), in that: 1) residential development is allowed on the site per the General Commercial General Plan Land Use deisgnation; 2) the project design has been subject to review by the public and has been recommended for approval by the Design Review Board; 3) the project would add 45-units of housing within walking diatnce of mass transit, incluing the Civic Cemter SMART Train station (14 mile from the project site of the SMART Train); and 4) the project would include nine (9) below-market-rate (BMR) units (five (5) affordable at the low- income level and four (4) at moderate-icome level). The project is partially consistent with the applicable Neighborhoods Element Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing Mix), NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design Considerations for Development in the Vicinity of the Civic Center), NH-128 (Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale Rd.) in that: 1) the proposed new 45-unit development has been designed to be a transitional use between existing commercial development and residential development on Merrydale Rd. 3 d) The building design minimizes impacts to surrounding residential properties by providing code compliant front and side setbacks and preserving some existing trees at the preimeter of the project site and proposing 28 new trees on site; 2) 94 parking spaces are provided on the site in compliance with the required parking requirement for 45-units, and 4 new on-street parking spaces would be created along the east side of Merrydale Rd.; 3) Redwood Highway would be extending and provide secondary access through the project site, allowing pedestrian access to the proposed new “creek promenade” on the north side of the site as well as vehicular access to Merrydale Road. The project as proposed and as conditioned would be consistent with Community Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods), CD-5 (Views), CD-11 (Multifamily Design Guidelines), CD-14 (Recreational Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), and CD-19 (Lighting) in that the project design: 1) preserves, to the greatest extent possible, views the Civic Center from the adjacent one-story residential neighborhood. The building heignt is 33.5” (less than the 36” height limit allowed); 2) is generally in keeping with the mass and scale of adjacent commercial and residential development on the east side of Merrydale Road and would introduce a higher quality architectural design than currently present on the site; 3) provides landscaping to screen and enhance the project and site; 4) provides new “creek promenade” with landscaping and recreational amenities along Las Gallinas Creek to the north of the development; 5) creates adequate lighting without spillover onto adjacent properties or natural areas; and 6) has been reviewed by the Design Review Board and found to be consistent the applicable design policies of the General Plan, the City’s Residential Design Guidelines and Civic Center Station Plan. The project as proposed and as conditioned would be consistent with Circulation Policies C-5 (Ti raffic Level of Service Standards), C-7 (Circulation Improvements Funding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential Area Parking) in that the project: 1) would not exceed the acceptable level of service standards (LOS), LOS E, for both intersections or arterials; 2) would be required to pay its fair share towards traffic impacts to fund circulation impacts in order to maintain acceptable LOS standards for the General Plan; 3) would maintain adequate access for emergency services as determined by the City’s Public Safety Departments; and 4) would create a new Class III Bike Lane along Merrydale Road and install a new sidewalk along the east side of Merrydale, thereby facilitating better pedestrian access along Merrydlae Road as well as pedestrain access to the new crrek promenade area, The project as proposed and as conditioned would be consistent with Infrastructure Element Policies 1-2 (Adequacy of City Infrastructure and Services), and I-10 (Sewer Facilities) in that: 1) the appropriate utility agencies have reviewed the project and determined that the property is currently being served. However, 1) Marin Municipal Water District (MMWD) has determined that the property”s current annual water entitlement may: be insufficient for the new uses and the purchase of additional water entitlement may be required, as well as compliance with all indoor and outdoor requirements of District Code Title 13 for water conservation.; and 2) the Las Gallinas Valley Sanitation District (LGVSD) would continue to provide service to the project site, although the 45 proposed residential townhome units would result in an increase in intensity of development over existing uses. The LGVSD has reviewed the project, provided comments and will require that the development project submit an Application for Allocation of Capacity and pay additional capacity fees prior to submittal of a building permit. The project design incorporates sanitary sewer infrastructure that connects all residences to the current LGVSD sanitary system, including two possible infrastructure improvements, 1) a gravity system and flow diversion with an updated LGVSD pump station, or 2) a lift-station (with control cabinet) located in the southeastern comer of the project site for pumping sanitary sewer to the main LGVSD pump station (which would also be updated). Either design solution would satisfy LGVSD requirements for sanitary sewer service. The project as proposed and as conditioned would would be consistent with the Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources), SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Ti rees), and SU-10 (Zero Waste) in that given that: 1) the revised project plans include a provision that all townhome units and stacked flats (to the extent practicable) will 4 g) h) j) be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage units will be provided with 220-volt power points suitable for EV charging; 3) the project will comply with the most recently adopted CBC (California Building Code) CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the Marin Municipal Water District?s most recently adopted water conservation and gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees will be preserved on site; and 6) the project is proposing a covered and screened trash enclosure, the design and location of which has been reviewed and approved by Marin Sanitary Service (MSS). The project as proposed and as conditioned would would be consistent with the Culture and Arts Element Policy CA-15 (Protection of Archaeological Resources) in that: 1) The existing buildings were constructed in 1967 or 1968 as a school facility but does not meet the criteria for a “historic resource” as’ defined in CEQA Guidelines Section 15064.5. The existing structures and site have been modified over the years and do not appear to have any historical significance; and 2) the site for original construction of existing buildings would have disrupted any archaeological deposits if they were present. Indications of the disturbance would likely still be apparent when examining remnant soils. Based on the results of the cultural resources investigation conducted for the proposed project, no prehistoric or historic-period archaeological resources were identified within the project area. However, mitigation measures have been included in the IS/MND MMRP (CULT-1 and CULT-2) to protect any resources found during construction activities. The project as proposed and as conditioned would be consistent with Park and Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project will provide a 500 square foot “community room” for the residents which will include a kitchen area and bathroom. The community room will also have sliding glass doors that open onto an approximately 500 square foot patio area, with planters seating, and a BBQ area. The project as proposed and as conditioned would be consistent with Safety Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality Control Board (RWQCB) Requirements), and S-32 (Safety Review of Development Projects) in that: 1) the project has been reviewed using the hazard maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review concluded that the development on this site, with conditions, is feasible and appropriate from a geotechnical engineering standpoint; 3) the project would not include any hazardous materials or uses in it operations; 4) the development would be built to conform to current building and seismic safety codes; and 5) the structure would be built in accordance with the Federal Emergency Management Agency (FEMA) regulations for this type of structure and use in a 500-year flood zone; 6) an erosion control plan would be required during contsruction of the project; 7) the drainage plan would direct all new run-off from the site into vegetative bio-retention areas before being released into the storm drain system; and 8) the project has been reviewed by the Police and Fire Department and found to be in conformance with their fire and crime prevention standards and would not pose a risk to public safety safety or impact their levels of service. The project as proposed and as conditioned would be consistent with Noise Element Policies N-1 (Noise Impacts on New Development), N-2 (Exterior Noise Levels for Residential Use), N-3 (Planning and Design of New Development), N-4 (Noise from New Nonresidential Development), and N-5 (Traffic Noise from New Developmentin that the project: 1) Based on information in the Acoustical Report by Illingworth and Rodkin, the IS/MND analysis indicated that Building 2 through Building 7 would exceed the 45 dBA Ldn threshold with windows partially open. With standard construction and forced-air ventilation, allowing occupants the option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades of buildings 3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade of Buildings 2 and 7 would be partially shielded by the buildings to the east and would be exposed to 67 dBA Ldn. The west facade of Buildings | and 9 would be exposed to traffic noise from Merrydale Road up to 58 dBA Ldn. These levels are in the “Clearly Unacceptable” range in Exhibit 31 of the General Plan 2020. Therefore, the 5 k) I) Acoutical Report recommended incorporation of conditions of approval including providing suitable form or forced-air mechanical ventilation, and sound rated construction for Building 3 through Building 7 to maintain interior noise levels at acceptable levels; and 2) conditions and mitigations have been incorporated to reduce any temporary noise impacts due to construction (Initial Study Mitigation NOISE- 1). The 2) the Acoutical Report determined that the primary noise sources at the site would continue to be vehicular traffic on US-Hwy 101 and Merrydale Rd. US Hwy-101 is elevated by about 10 feet above the site. Based on traffic volumes provided in the Traffic Impact Assessment Report prepared for the proposed project, traffic noise levels are calculated to increase by 1 dBA along Merrydale Rd. under future conditions (2040) due to increases in traffic volumes on Merrydale Road. An increase in 1 dBA would be barely detectable to typical human hearing and is not considered a significant increase.. The project as proposed and as conditioned would be consistent with Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7 (Public Access to Creeks), CON-8 (Enhancement of Creeks and Drainageways), CON-9 (Native and/or Sensitive Habitats), CON-14 (Special Status Species), and CON-16 (Landscape with Native Plant Species) in that the proposed project: 1) would maintain setbacks from the creek and provide creek enhancements with added landscaping and pedestrian access point; 3) would not impact a wildlife corridor since the site is currently developed and biological assessments have found no such corridors; 3) would not impact any sensitive or threatened/endangered species or habitats; 4) has been conditioned to ensure that disturbance to any potential nesting birds be avoided during construction; and 5) would provide new trees and shrubs throughout the site, as well as bio-retention areas to facilitate proper site drainage. The project as proposed and as conditioned would be consistent with Air and Water Quality Element Policies: AW-1 (State and Federal Standards), AW-2 (Land Use Compatibility), AW-4 (Particulate Matter Pollution Reduction), AW-7 (Local, State and Federal Standards), and AW-8 (Reduce Pollution from Urban Runoff) since the project: 1) would comply with local, state and federal air quality standards; 2) mitigation measures have been incorporated to address temporary air quality impacts during construction; 3) drainage systems have been designed to utilize vegetated swales before discharging drainage into storm drain systems or the creek; 4) methods consistent with the Storm Water Pollution Prevention Standards of the Regional Water Quality Board have been incorporated into the design and conditions have been included to require compliance with these standards. 2. The project design, as proposed and as conditioned, is consistent with the objectives and criteria of the Zoning Ordinance, and the purposes of Chapter 25 (Environmental and Design Review Permit) in that: a) b) The development presents a competent design that has been thoughtfully studied and presented to the Design Review Board, both as a conceptual design and then as a formal application design. The proposed project site plan, building design and landscaping were revised to incorporate recommedations by the Board. The proposed 3-story buildings have been design to minimize bulk and mass, and the height (33.5”) is 2.5’ lower than the 36” height limit allowed. A Community Room was added to the site and pedestrian walkways throughout the site were enhanced. The buildings comply with all required setbacks (front, side and rear yards) and decks have been designed as recessed decks to preserve privacy to adjacent property windows along the south property line. The project has also be reviewed by the San Rafael Meadows Neighborhood Association, as well as local residents during informal project meetings with the applicant and a formal Neighborhood Meeting (including a 15-day noticed sent to property owners and tenants within 400 feet of the project site). The design of the project has been modified based on comments from both residents and the Board. The site plan respects site features and constraints by maintaining a 25” setback from Las Gallinas Creek and at the same time, enhamcing and incorporating the creek into the project site design. The south bank of the creek witll be enhamces with vegetation and will be designed as a “creek promenade” area, with passive recreational amenities for children and a pedestrian pathway with lighting and benches. The pathway is designed to also accommodate access as required by maintenace vehicles. Several existing 6 d) trees (13) will be preserved at the perimter of the site and new trees (55 total) will be planted, including new trees along both the Merrydale Road and Redwood Highway frontage. Additional trees will be planted along the south property line to provide additional privacy to the adjacent residential development. The materials and colors that have been included in the proposed architecture are consistent with the context of the surrounding area. Specifically, building materials are flush, textured and veritical metal panels and roofing and building colors would be a combination of green, tan and brown colors. The lower portion of the buildings will include manufactured stone on the fagade. The proposed colors and materials would effectiveley blend the proposed building with the predominant colors of the surrounding natural setting. The proposed site plan would utilize the existing drainage facilities and would not alter the drainage patterns of the site. Furthermore, the plan would direct all new run-off to vegetated swales to filter any pollutants from the run-off consistent with storm water pollution prevention standards. The project design with conditions minmizes adverse environmental impacts in that: a) b) The building and site improvement are sited to provide adequate setbacks from the creek to the north. The project would not cause the level of service at nearby intersections to exceed the standards of the General Plan. Furthermore, the project would be required to pay its fair share of traffic mitigation fees to contribute to a planned, area-wide traffic improvements in the North San Rafael area. Potential environmental impacts have been addressed through the preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) consistent with the requirements of the California Environmental Quality. Act (CEQA). The IS/MND concluded that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, Transportation, and Tribal Resources. The project impacts would be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the Mitigation Monitoring and Reporting Plan (MMRP) and IS/MND (Exhibit 2). The project design, as proposed and as conditioned, will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a) b) The environmental impacts associated with the development of the project have been assessed and the project impacts can be mitigated to less-than-significant levels with the implementation of specific mitigation measures as discussed in Environmental and Design Review Permit Finding #3 above. The project design would blend with the surrounding neighborhood on Merrydale Road, acting as a transitional use in an area which has both commercial, single-family and multi-family development. The project would also preserve the natural environment of the existing Las Gallinas Creek on the north side of the property by planting trees and creating a pedestrian walkway/passive children’s recreational play area. Furthermore, the project’s siting, scale and mass has been designed to minimize visual impacts on adjacent properties, and the new lighting is within the 1-foot candle (Fc) limit along the property line. The site is subject to a condition of approval requiring a 90-day lighting review to adjust lighting levels and reduce glare as needed to eliminate spillover glare onto adjacent properties. Tentative Map Findings (TS18-006) The proposed map is consistent with the San Rafael General Plan and any applicable, adopted specific plan or neighborhood plan as noted in Environmental and Design Review Permit Finding #1 above and the General Plan Consistency Table (Exhibit 5) included in the December 10, 2019 staff report to the Planning Commission and as noted in Environemntal and Design Review Permit finding #1 above. The purpose of the map is to allow the creation of 45 residential air space condominium units. The development is proposed as a “phased” development, consisting of a Phase One (“pre-phase”) commencing in Spring of 2020 for on and off-site improvements to complete building Phase Two construction of Buildings 1-4 and all landscaping north of Private street “A” by fall of 2021, and Phase Three construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping by Summer 2022. The design or improvement of the subdivision is consistent with the San Rafael General Plan and any pertinent, adopted specific plan or neighborhood plan in that: 1) the subdivision would create 45-units on the 2.28-acre parcel, which is in keeping with the allowable density (15-32 units/acre or 34-72 units) per the General Commercial Land Use Designation as well as consistent with the Civic Center Station Area Plan, which encourages multi-family housing in this location. The proposed project is consistent with the applicable development standards for HR1 (High Density Residential) required setbacks (used as most similarly zoned district with which to set development standards, based on adjacent multi-family development similarly zoned HR1); and 2) the City has balanced the regional and local housing needs against the public service needs of its residents, as well as available fiscal and environmental resources, and concludes that adequate public services are available to the site based on existing service providers that have reviewed the project and indicated that subject to conditions of approval, the system has the capacity to provide service. The property subject to subdivision is physically suitable for the density of development that is proposed in that: a) the proposed subdivision would create 45 air condominium units on site, which is below the maximum density allowable per General Plan 2020 (72 units); b) the project would also provide two-car garages for all units, which complies with the required parking in the zoning ordinance and all qualifying concessions allowed for affordable housing projects; c) ample, code compliant private and common usable open space is provided for the project; and d) the proposed subdivision would create air condominiums, with no impact on the actual orientation of the physical lots on the ground level in terms of property lines. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) the site is currently graded and developed with no known environmental resources on the site; b) the site is an in-fill site that has been designated in the General Plan as General Commercial Land Use. Residential development is allowed at a density of 15-32 units per acres; and c) An Initial Study/Mitigated Negative Declaration has been prepared and appropriate mitigation measures identified in the Mitigation Monitoring and Reporting Program (BIO-1) to reduce any impacts identified to a less-than-significant. The design of the subdivision or the type of the proposed improvements is not likely to cause serious health problems in that: a) it is a residential project in keeping with the existing residential zoning in the project vicinity; b) the proposed project would be built in accordance with the latest Building and Fire codes to ensure the health and safety of future residents and adjacent neighbors; c) the City’s Public Works Department and Las Gallinas Valley Sanitation District have reviewed the drainage and proposed sewer connections for the project site and deemed the project design to be in keeping with City standards, subject to conditions of approval; and d) as conditioned, the proposed subdivision would not result in impacts to water quality or impacts to environmental resources in that an erosion control plan is required as a condition of project approval, which must be implemented before any grading or construction commences on the site. 8 6. The design of the subdivision or the type of proposed improvements will not conflict with existing identified easements on site (including a 25’ Marin County Flood Control easement and a 15’ wide maintenance easement immediately adjacent to the 25” flood control easement). A north/south roadway easement (along Redwood Highway on the east side of the site is to remain. In addition, the project proposes to provide a new Public Access Easement/Public Utility Easement (PAE/PUE) which will be provided at the time of recordation of the Final Map. This PAE/PUE comprises Private Street B providing pedestrian, vehicular, fire truck and trash truck access and required parking. Master Use Permit Findings (UP18-039) 1. The proposed 45-unit residential townhome development at 350 Merrydale/3833 Redwood Hwy, landscaping, Community Room and the associated 94 parking spaces on site will be in accord with the San Rafael Municipal Code (the Zoning Ordinance) and the purpose of the rezoned Planned Development District in which the site is located, given that: a) As documented in the General Plan 2020 Consistency Table (Exhibit 5 of the 12/10/19 Staff Report to the Planning Commission) and as noted in Environmental and Design Review Permit Finding #1 above, the proposed project would implement and promote the goals as policies of the San Rafael General Plan 2020. b) As documented in the Zoning Ordinance Consistency Table (Exhibit 6 of the 12/10/19 Staff Report to the Planning Commission), the proposed project would be consistent with the objectives of the Zoning Ordinance; and 3) the proposed project would be consistent and compatible with the purposes of the PD District and the High Density Residential (HR1) Zoning District development standards (comparable to the adjacent properties to the south) given that: i. _ the project site will be rezoned to accommodate the proposed residential development, with setbacks, height and parking provided in keeping with the high-density residential development on adjacent properties on the south eastern side of Merrydale Rd; ii, The project would provide a wide variety of housing types (market rate and affordable “for-sale” condominium units) and sizes (ranging from 741 to 836 sf for the 1-bedroom units, 1,285 to 1,461 sf for the 2-bedroom units, 1,461 to 2,119 sf for the 3-bedroom units and 2,119 sf for the 4-bedroom units; iii, The project would comply with the creek setback standard pursuant to SRMC Section 14.16.080 by providing a 25” creek setback along the south side of the existing Las Gallinas Creek; iv. The proposed project would create a new “creek promenade”, with improvements to the area adjacent to the creek that would accommodate a “dual use” for both required creek maintenance activities by the City and recreational uses for adults with walkways and benches and a passive play area for children; and y. the project has been reviewed by appropriate City departments and non-city agencies and determined that adequate infrastructure exists to meet all new service demands. 2. The proposed new residential buildings would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City, given that the project has been reviewed by appropriate City departments, non-City agencies, and the appropriate surrounding neighborhood groups, interested parties, the Design Review Board at two separate meetings (Conceptual Design Review on July 17, 2018 and Design Review on the formal application on August 6, 9 2019). In addition, pursuant to CEQA regulations, the project required preparation of an Initial Study to review potential project impacts on the environment. Potential impacts were identified to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, and Tribal Cultural Resources that would require mitigation to reduce the potential negative impacts from the proposed project to a less-than-significant level. The required mitigation measures for each are identifies in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2, Pages A-1 through A-1 8). 3. The proposed use of the site would comply with each of the applicable provisions of the PD District, as amended, and other applicable provisions of the Zoning Ordinance in that Findings to grant an amendment to the current PD (1594) Zoning has been made through the adoption of a separate Resolution. Subdivision Exception Findings (EX19-012) 1. As documented in the Subdivision Ordinance Compliance Table (Exhibit 7), there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception to requirements per Chapter 15.06.050 (c) which requires a minimum right-of-way of 60 feet for local streets, and a minimum pavement width of 40’. The project site is located at the terminus of Redwood Hwy and near the end of Merrydale Rd. The site comprises 2.28 acres but is encumbered by the Marin County Flood Control District (Creek) easement and the City of San Rafael maintenance easement totaling 0.32 acres, reducing the net area of the Project Site available for development to 1.96 acres. In addition, the east property line is bounded by the Caltrans right-of-way (ROW) for US Hwy 101, which limits access. The project is requesting an exception to allow a private street with an easement of 30’ and a minimum pavement width of 20” and providing at least one sidewalk. In order to provide the required back-up distance for the garages and provide sidewalks to allow pedestrian walkways, the exception to the roadway width was proposed. In addition, the site design included the creation of a new “through” street, providing access from Redwood Highway (Private Street “B”) via Private Street “A” to Merrydale Rd. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner. The property is designed as for-sale condominiums. In order to provide quality of design that fits into the character of the neighborhood, with ample access to a garage, common open space and private patios, the proposed exception would preserve the owner’s ability to align the proposed subdivision more closely with the target density. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. The reduced ROW and pavement width would have minimal impacts as the site is near the terminus of Merrydale Road and the City streets of Merrydale Road and Redwood Hwy are the primary routes for adjacent properties and the proposed privately maintained roads primarily serve the residential development itself. Future through traffic is hindered by the nearby SMART train ROW and Caltrans ROW. The 30’ wide roadway provides the full width necessary for emergency vehicle access. Therefore, there is no detriment to public welfare and does not cause injury to adjacent properties. BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City Council approval of the applications for the Environmental and Design Review Permit (ED18-100), Master Use Permit (UP18-039) Tentative Subdivision Map (TS18-006), and Subdivision Exception (EX19-012), subject to the conditions of approval listed below: 10 Environmental and Design Review Permit Conditions of Approval (ED18-100) General Project Conditions Community Development Department - Planning Division 1) 2) 3) 4) 5) 6) The proposed 45-unit townhome development shall be installed and designed in substantial conformance with the proposed site plan and elevations and landscape plan as presented for approval on plans prepared by WHA Architects, date stamped Approved, December 10, 2019, and shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body. Approved colors for the main body, trim and accent colors are as shown on the approved Color and Material Board: a) Sherman Williams Paint for Body Colors- High Reflective White (SW 7757), Gossamer Veil (SW 9165), Tin Lizzie (SW9163), Jute Brown (SW 6096); b) Trim Color -Thunder Gray (SW 7645); c) Accent Colors-Deep Sea Dive (SW 7618), Rookwood Terra Cotta (SW2803), and Raisin (SW7630); and d) Manufactured Stone (Timberwolf). Any future modification to colors shall be subject to review and approval by the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $2,354.74 (current fee as of 2018) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1% of each year. Applicant and property owner shall be responsible for implementing all mitigation measures presented in the Project’s Mitigated Negative Declaration, on file with the Community Development Department, including any mitigation measures that may not have been incorporated into the Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED18-100 project Conditions of Approval #31, herein. The project shall comply with all mitigation measures as identified in the IS/MND Mitigation Measure Monitoring and Program, dated November 8, 2019. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for adopted by separate Resolution and included as conditions of approval. The IS/MND determined that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation and Tribal Resources. The IS/MND identifies Mitigation Measures that, when implemented, would reduce the impacts identified to a less-than-significant level. These mitigation measures are also identified as conditions of approval in the relevant sections herein and detailed in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2-Attachment A). Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities”), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, 11 third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 7) Inthe event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 8) As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 9) All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 10) The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 11) All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 12) Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 13) All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 14) This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. 12 15) Phasing of the project is allowed, subject to the terms and conditions of approval of the Master Use Permit (UP18-039) below. 16) This Environmental and Design Review Permit (ED18-100) approving the Project shall run concurrently with the approved Master Use Permit (UP 18-039). If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. Prior to the Issuance of a Demo/Building/Grading Permit Community Development Department - Planning Division 17) A copy of the Conditions of Approval for ED18-100 shall be included as a plan sheet with the building permit plan submittal. 18) The project proponent shall demonstrate and notate on the building permit plans that Air Quality measures III (a), II (b) and HMI(c) (AQ-1, AQla and AQ-2) to eliminate dust control and exhaust during construction, set standards for diesel equipment over 25 horsepower to meet U.S. particle emission standards, and requires that the project include high-efficiency particulate filtration systems in residential ventilation systems will be completed during construction. 19) (GEO-1): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018 ENGEO report. 20) (GEO-2): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer for review and approval. In order to reduce the effects of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to withstand minimum differential movements. Foundation design recommendations are presented in Section 4 of the May 8, 2018 ENGEO report. 21) (GEO-3): Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer of Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public W orks Department (DPW) Grading and Construction Erosion and Sediment Control Plan Permit Application Package and the Regional Water Quality Control Board standards. 22) (GEO-4): Soils shall be moisture conditioned to above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. 23) (TRANS-1): demonstrate on building permit or improvement plans the design of the pedestrian sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the west side of Redwood Road directly adjacent to the project driveway connecting to the existing sidewalk. 24) (HYDRO-1): Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in 13 25) 26) 27) 28) accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; b) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. The applicant shall provide information on the building permit plans to show compliance with noise Mitigation Measures recommended on Page 74 of the Illingworth and Rodkin Noise Assessment regarding required forced-air ventilation and STC rated windows on all buildings. Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the Nosie Report. (BIO-1): Pre-construction nesting bird and bat survey. The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) Ifa roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. (HAZ-1): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a hazardous building materials survey for all structures proposed for demolition or renovation as part of the project. All lead-based paint and asbestos-containing materials (ACM) shall be abated by a certified contractor in accordance with local, state, and federal requirements. All hazardous materials shall be removed from buildings prior to demolition in accordance with California Division of Occupational Safety and Health (DOSH) and California Department of Toxic Substances Control (DTSC) regulations. A completion of abatement activities report shall be prepared by a qualified professional and submitted to the City prior to permit approval. (HAZ-2): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a Soil Management Plan to develop protocols and procedures for handling potentially impacted soils or underground structure/equipment that may be encountered during grading 14 operations and other construction activities as part of the project. If impacted soils or underground structure/equipment are encountered during construction activities, all construction shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to make observations and prepare recommendations for proper handling of soils and/or structures/equipment. 29) Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 30) The proposed project will be required to provide bicycle improvements along Merrydale Rd. in keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan, which identifies Merrydale Rd. for a Class III Bike Route. The applicant will be required to install the appropriate signage and striping along Merrydale Road (fronting the project site) to signify that the street is a Class III Bike Lane. Specifics of the bike lane striping are subject to final review and approval by the Community Development Department and Traffic Engineer. 31) Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 32) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 33) Any outstanding Planning Division application processing fees shall be paid. 34) A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 35) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. 36) Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. 15 37) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Should the project not record a final map, the BMR agreement will be modified to a rental agreement and comply with the affordable housing requirements for rental, which would be five (5) units affordable at very-low income level and (4) at low-income level. Public Works Department - Land Development Division General 38) The proposed private roads do not meet the requirements for Right-of-Way/Easement width or paving width per Municipal Code (MC) section 15.06.050. An exception request pursuant to Municipal Code 15.01.120 has been received and we have no objection to the proposed widths based on the necessary findings. 39) It is our understanding that the applicant has provided the minimum garbage facilities required. However, the location and potential for higher demand may necessitate additional storage for a condominium project of this size. We recommend the applicant provide a method to address this in the future if the project is approved as currently proposed. 40) Redwood Hwy and Merrydale Rd do not currently have a cul-de-sac or other vehicular turn around for the dead ends, this project proposes a public access easement over the privately maintained roadways to connect the two which will allow for through circulation. With through public access provided, turnarounds are not required at the end of the publicly maintained roadways. 41) The site is located in or near areas that may be susceptible to localized flooding, or the drainage of the site may be influenced by larger flooding events. We recommend that the applicant consider these concerns, as well as potential impacts due to sea level rise. 42) Third party peer review of geotechnical and engineering reports and inspection throughout construction shall be required, paid for by the project sponsor and contracted by the City. Provide a proposed project schedule for the duration of work, so that an estimate may be prepared for the required deposit amount. 43) Provide will serve letters from the various utilities for the proposed subdivision. 44) It is our understanding that there the sanitary sewer system is currently proposed as a gravity flow. However, LGSVD may require mitigation to alleviate flow in the downstream sewer, or that a pump station may be necessary. We recommend that as a condition of approval the applicant provide the will serve letter showing that all requirements from LGSVD shall be met prior to issuance of a permit. Access 45) Provide the lighting analysis, include the frontage for Merrydale Rd and Redwood Hwy. Grading 46) Show the estimate of proposed grading on the plan. This project is located along an open creek. Therefore, all mass grading shall be limited to April 15 through October 15, unless otherwise approved in writing by the Department of Public Works. 16 47) A grading permit shall be obtained for all grading and site improvement work. Trucking trips during peak hours may be limited. 48) A preliminary geotechnical report has been provided. This does not thoroughly analyze the geotechnical concerns but references that design-level explorations should be conducted prior to site development once more detailed plans have been prepared. The project is in application for design. Therefore, the subsequent geotechnical report shall be a condition of approval. However, the findings of that report may affect the design of the project, which may require re-review of the project. 49) All plans, reports, monitoring, inspection and testing for the proposed project will be reviewed by an independent Geotechnical Engineer and/or Engineering Geologist retained by the City, at the expense of the project sponsor. This third-party consultant will review all plans, reports, monitoring, inspection and testing data prior to appropriate approvals and/or certifications. A letter report summarizing findings and recommendations shall be submitted by the geotechnical engineer to the City Engineer for review and approval, as well as incorporation into grading plans. Final grading and foundation techniques shall be developed by a certified geotechnical engineer or engineering geologist and reviewed and approved by the City. 50) A construction management plan shall be provided for review and approval by the City. a) All materials and equipment shall be staged on-site. b) The construction management plan shall include the traffic control plan to address on-site and off-site construction traffic. c) Ascreened security fence approved by the City shall be placed and maintained around the perimeter of the project and removed immediately following construction work d) Truck routes shall be reviewed and approved by the City. Hauling shall be limited to 1 truck in and 1 truck out per 15 minutes during the AM and PM peak, which may be revised at the time of grading permit issuance. 51) This project includes over one (1) acre of disturbance. A SWPPP shall be required. 52) Phasing of the project shall be configured to develop the area adjacent to the creek first along with the infrastructure. This area is required for access, maintenance and drainage. This would allow for early establishment of vegetation in this area to reduce potential impacts to the creek. Due to the size of the project and configuration, the infrastructure required on and off site shall be developed as part of phase one. Infrastructure items that are commonly delayed to later phases shall be reviewed by the Department of Public Works, such as final lift of asphalt. Drainage 53) This site includes work in or immediately adjacent to a creek. The applicant shall comply with requirements of the various creek permitting agencies and obtain all necessary permits. Pet waste bags, signage and trash receptacles shall be provided in convenient locations to reduce the likelihood of litter near the creek path. 54) The final drainage plan shall be subject to review and approval by the City Engineer. The final drainage plan shall address the following: a) The plans shall show the existing drainage facilities b) Runoff shall not be increased, leaving the project boundary c) Filtration shall be required for particles equal to or larger than 5mm, so they do not enter into the City’s storm drainage system 17 d) Placards (medallions) shall be installed on all new drainage inlets to prohibit dumping of pollutants. These are available from the City or MCSTOPPP e) A stormwater facilities maintenance agreement shall be required f) How the project’s drainage system shall be maintained, whether separate for each site or together along with the other development improvements. g) The drainage plan shall be developed in consideration with the findings of the geotechnical report. 55) The site drainage system is located at elevations that may be subject to tidally influenced surcharge events. The drainage system shall include backflow prevention. 56) Frontage improvements shall include where necessary, street lighting, conduit for City facilities, accessible curb ramp pairs, drainage facilities, street trees, sidewalk, curb and gutter. This shall be reviewed at the time of permit issuance. 57) Due to the level of improvements we recommend that as a condition of approval the full width of Merrydale Rd be resurfaced with this project, additionally we suggest that this be extended to the intersection with Las Gallinas, as this is one of the only two sites that currently take access from this end of Merrydale Rd. The extents of resurfacing shall be reviewed based on existing conditions at the time of permit issuance. 58) An encroachment permit is required for any work within the Right-of-Way, from the Department of Public Works located at 111 Morphew Street. Restriping of public streets shall be of thermoplastic, as approved by the Department of Public Works. Traffic 59) The Traffic Impact Study (TIS) has been updated, dated October 3, 2019 and previous comments have been addressed. 60) The proposed project results in additional trips generated at the site. Based on the draft traffic impact study and the additional proposed unit, this results in an estimated 17 AM and 19 PM peak hour trips. Using the current traffic mitigation fee rate this results in an estimated fee of (36*$4,246) $152,856 which shall be calculated and due at the time of building permit issuance. 61) A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Community Development Department — Building Division 62) The design and construction of all site alterations shall comply with the 2016 California Building Code (CBC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code (CEC), 2016 California Mechanical Code CCMC), 2016 California Fire Code (CFC), 2016 California Energy Code, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 63) A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Site/civil plans (clearly identifying grade plane and height of the building) g) Structural Calculations h) Truss Calculations 18 i) Soils reports j) Green Building documentation k) Title-24 energy documentation 64) Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. 65) Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 66) The maximum area of unprotected and protected openings permitted in the exterior wall in any story ofa building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 67) Townhouses more than three stories above grade in height must comply with the CBC. CBC Table 705.8 allows: a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3” to less than 5° from the property line or buildings on the same property. b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5” to less than 10° from the property line or buildings on the same property. c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to less than 15° from the property line or buildings on the same property. 68) Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with Y inch stroke for residential occupancies and a minimum 6 inches in height with Y inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 69) Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 70) Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 71) School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 72) Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 73) Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1- hour construction. 74) Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 19 75) When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade-level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 76) Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site. Total Number of Parking Minimum Required Number Spaces Provided of H/C Spaces 1 to 25 1 26 0 50 2 51075 3 76 o 100 4 101 150 5 151 200 6 201 300 Él 301 400 8 401 500 9 501 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 77) At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 78) This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied based on the average unit square footage. New multi-family dwellings must comply with the “Green Building Rating System” by showing a minimum compliance threshold between 65 and 75 points. Additionally, the energy budget must also be below Title 24 Energy Efficiency Standards a minimum 15%. Fire Department — Fire Prevention Bureau : 79) Prior to issuance of building permit, the following requirements shall be added to the building permit plans as Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box installation at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) all hydrants to be Clow model 960 appliances. 80) Plan Sheet SP-6 (Fire Engine Truck Access Plan) shall be part of the building permit submittal packet and reviewed by the Fire Department as part of the building permit review. Las Gallinas Valley Sanitation District 81) Las Gallinas Valley Sanitation District has determined that the proposed project is within the Sphere of Influence and District facilities boundary. The proposed project must apply for and receive an allocation of sewer capacity from this District before it can receive sewer services. The proposed project must make satisfactory arrangements with this District for the construction of any off-site or on-site sewers which may 20 be required. The District has provided the following comments, as of October 15, 2019: The District will consider a gravity option with the following conditions: a) The initial report from Nute Engineering has indicated that a gravity option is not feasible without flow diversion within the District collection system and upgrades to Rafael Meadows Pump Station. This option is subject to final review by Nute Engineering. The District anticipates receiving the Nute’s final recommendation and preliminary construction cost estimate by end of October 2019. b) The District has considered constructing flow diversion structures at its own expense to alleviate surcharging of sanitary sewers in the area. However, at the minimum, applicant may be required to cost- share the electrical and pump upgrades to the Rafael Meadows Pump Station, pending District Board approval. c) Ifa gravity option is not feasible, the District will require a dedicated private pump station in addition to the Rafael Meadows Pump Station upgrades as described above. The private pump station option shall comply with the following conditions: i) The pump station design shall meet the requirements set by the Regional Water Quality Control Board and other regulatory agencies. ii). The pump station shall include backup generator and pumps with series of sensors and alarm systems to alert District staff of pump failure and potential sewage overflows. iii) The pump station shall comply with city ordinance general noise limits (chapter 8.13), which at a minimum are 60dBA intermittent daytime and 50dBA intermittent nighttime. d) Applicant shall submit plans electronically to LGVSD for review and approval. A Will Serve Letter will be issued based on the following: i) Approved plans designed with District standard details and specifications. ii) Compliance with District requirements outlined in previous plan reviews. iii) Other requirements based on future submittals. Marin Municipal Water District 82) The applicant must enter into a pipeline extension agreement with the Marin Municipal Water District for the installation of the necessary facilities and said agreement must be approved by the District’s Board of Directors. All costs associated with a pipeline extension are borne by the applicant. 83) Complete a High pressure Water Service Application 21 84) Pay appropriate fees and charges 85) Complete the structure’s foundation within 120 days of the date of application 86) Comply with the District’s rules and regulations in effect at the time service is requested, including the installation of a separate water service for each residential structure. 87) Comply with all indoor and outdoor requirements of District Code Title 13 一 Water Conservation. This may include ventilation of specific indoor fixture efficiency compliance. 88) If you are pursuing a landscaping project subject to review by your local planning department and/or subject to a city permit, please contact the district water conservation department at 415-945-1497 or e-mail to plancheck@marinwater.org. More information about district water conservation requirements can be found online at www.marinwater.org. 89) Comply with the backflow preventer requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at 415-945-1558. 90) Comply with Ordinance No.429 requiring the installation of gray water recycling systems when practicable for all projects required to install new water service and existing structures undergoing “substantial remodel” that necessitates an enlarged water service. 91) Comply with California water Code — Division 1, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures. During Construction and Grading Community Development Department — Planning Division 92) Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.13 of the San Rafael Municipal Code. 93) AIR QUALITY (AQ-1): Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less- than-significant level. The contractor shall implement the following best management practices that are required of all projects: a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 22 g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 94) AIR QUALITY (AQ-la): All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. : b) Use of equipment that includes alternatively-fueled equipment (i.e., non-diesel) would meet this requirement. c) Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less- than-significant. 95) AIR QUALITY (AQ-2): Include high-efficiency particulate filtration systems in residential ventilation systems. The significant exposure for new project receptors is judged by two effects: (1) increased cancer risk, and (2) annual PM2.5 concentration. Exposure to cancer risk from U.S. Highway 101 are significant. Cancer risk is based on exposure to exhaust emissions while annual PM2.5 concentrations are based on the exposure to PM2.5 resulting from emissions attributable to truck and auto exhaust, the wearing of brakes and tires and re-entrainment of roadway dust from vehicles traveling over pavement. PM2.5 exposure drives the mitigation plan. Reducing PM2.5 exposures to less than significant would also reduce cancer risk to less than significant levels. The project shall include the following measures to minimize long-term annual PM2.5 exposure for new project occupants: 1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into the dwelling units shall be filtered, as described above. 2. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HVAC) air filtration system shall be required. 3. Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 96) BIOLOGICAL RESOURCES (BIO-1): Pre-construction nesting bird and bat survey: The nesting season is defined here a as being from February | to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. 23 iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) Ifaroost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 97) CULTURAL RESOURCES (CULT-1): Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). 98) CULTURAL RESOURCES (CULT-2): Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. 99) GEOTEHCHNICAL (GEO-5): Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. a) If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. b) The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain 24 fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” 100) NOISE (NOISE-1): Implementation of the following measures would reduce construction noise levels emanating from the site, limit construction hours, and minimize disruption and annoyance. a) Construction activities shall be limited to the hours specified in the City of San Rafael's Municipal Code (7 am to 6 pm on weekdays and 9 am to 6 pm on Saturdays). No construction activities are permitted on Sundays and holidays. b) Limit use of the concrete saw to a distance of 50 feet or greater from residences, where feasible. Construct temporary noise barriers to screen stationary noise-generating equipment, such as the concrete saw, when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by 5 dBA. c) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. d) Unnecessary idling or internal combustion engines should be strictly prohibited. e) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. f) Utilize "quiet" air compressors and other stationary noise sources where technology exists. g) Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. h) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of "noisy" construction activities to the adjacent land uses and nearby residences. i) Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 101) TRIBAL-1: Address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Prior to Final Occupancy Community Development Department — Planning Division 102) A post-construction Acoustical Study shall be performed and submitted to the Planning Division to confirm that the project was constructed compliant with noise reducing materials and construction techniques as recommended in the Illingworth and Rodkin Acoustical Study. 25 103) AESTHETICS (AES-1): Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post-installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED1 8-100 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Department that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). 104) Install any improvements required by TRANS-1 prior to final occupancy 105) HYDROLOGY (HYDRO-2): Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design-level drainage plan and final development drawings. b) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio-treatment of stormwater runoff. c) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long-term maintenance of all BMPs shall be specified. 106) The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. The final inspection shall require a minimum of 48-hours advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping/ irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 107) All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. 108) All plan details shall be implemented as indicated plans approved for building permit, in compliance with all conditions of approval and applicable City zoning code requirements, to the satisfaction of the Community Development Director. Any outstanding fees including planning review fees, inspection fees, etc. shall be paid. Fire Department — Fire Prevention Bureau 109) — Prior to Final occupancy, the following requirements shall be installed in addition to all Fire code Requirements on the site and shown on the Fire Engine Truck Access Plan Sheet SP-6: a) ' Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box shall be installed at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. 26 d) All hydrants installed on site shall be Clow model 960 appliances. Tentative Subdivision Map Conditions of Approval (TS18-006) Community Development Department - Planning Division 1. The Tentative Subdivision Map (TS18-006) shall be valid for a period of three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void unless a Final Map has been recorded or a time extension is granted. The proposed project is approved as a Three-Phase development, consisting of a Phase One “pre-phase” (on and off-site improvements) to complete building Phase One -construction of Buildings 1-4 and all landscaping north of Private street “A” (Fall 2021) and Phase Three- construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping (Summer 2022). The Final Map may be recorded in phases or all at once. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication fees for 45 new units in accordance with the provisions of City Council Ordinance No. 1558, which would be 45 x 2.5 persons/dwelling unit x 3 acres per 1,000 persons x $262,396.80 = $88,558.92 Conditions, Covenants and Restrictions (CC&R’s) shall be prepared and submitted with an application for a Final Parcel Map. The CC&R’s shall include the following requirements and provisions: a. The formation of a homeowner’s association (HOA). b. Project will be governed by a home owners association (HOA) which will manage, maintain and operate the Project in accordance with Conditions, Covenants and Restrictions (CC&Rs) to be recorded against each unit and the common areas, Articles of Incorporation (Articles) and Bylaws. The HOA will have the right to adopt rules, regulations and guidelines, including design guidelines and community space rules to implement the CC&Rs. HOA responsibilities for ongoing maintenance of the shared or common facilities, including but not limited to the common driveway, common landscaping and irrigation, fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities) and exterior building and lighting improvements. All common areas including the Creek Promenade and the Paseos will be owned, managed and controlled by the HOA. Initially the builder will own all units within the project and will control the HOA until sufficient units have been sold for a HOA Board of Directors to be elected. The builder will pay HOA dues to the HOA for each unit until each unit is sold. Restrictions and regulations imposed on each lot owner. The CC&R’s shall include provisions, which restrict the use of the parking spaces to vehicle parking. c. Requirements and provisions for professional management services or the services of a Certified Public Accountant to oversee the HOA responsibilities and budget. 27 d. Include an article providing for rights of the City of San Rafael, as follows: ARTICLE . RIGHTS OF THE CITY OF SAN RAFAEL 1. Use Restrictions. In furtherance of the police power of the City of San Rafael, the following provisions will apply to the Property: (a)no re-subdivision of any Lot shown on the Map will be done without the approval and consent of the City of San Rafael. (b)the restrictions set out in this Declaration will burden the Property, for the benefit of the City of San Rafael, and the same are enforceable by and will inure to the benefit of the City of San Rafael. 2. Right to Remedy Failure to Maintain Common Area. In the event that there is a failure to maintain the Common Area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use, or property value of their Project, thereby impairing the health, safety and welfare of the residents in the Project, the City, by and through its duly authorized officers and employees, will have the right to enter upon the subject Property, and to commence and complete such work as is necessary to maintain said Common Area. The City will enter and repair only if, after giving the Association and Owners written notice of the failure to maintain the Common Area, they do not commence correction of such conditions in no more than thirty (30) days from the giving of the notice and proceed diligently to completion. All expenses incurred by the City shall be paid within thirty (30) days of written demand. Upon a failure to pay within said thirty (30) days, the City will have the right to impose a lien for the proportionate share of such costs against each Lot in the Project. It is understood that by the provisions hereof, the City is not required to take any affirmative action, and any action undertaken by the City will be that which, in its sole discretion, it deems reasonable to protect the public health, safety and general welfare, and to enforce it and the regulations and ordinances and other laws. It is understood that action or inaction by the City, under the provisions hereof, will not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. It is further understood that the remedies available to the City by the provision of this section or by reason of any other provisions of law will be cumulative and not exclusive of the maintenance of any other remedy. In this connection, it is understood and agreed that the failure to maintain the Common Area will be deemed to be a public nuisance and the City will have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by appropriate provisions of the San Rafael Municipal Code or any other applicable law. The City Council of the City may, at any time, relinquish its rights and interest in the Project as herein set forth by appropriate resolution. Any such relinquishment by the City Council will be effective on the date that the resolution is adopted, and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Association. The Owner will execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution. 28 3. No Waiver. No failure of the City of San Rafael to enforce any of the covenants or restrictions contained herein will in any event render them ineffective. 4. Third-Party Beneficiary. The rights of the City of San Rafael pursuant to this Article will be the rights of an intended third party beneficiary of a contract, as provided in Section 1559 of the California Civil Code, except that there will be no right of Declarant, the Association, or any Owner(s) to rescind the contract involved so as to defeat such rights of the City of San Rafael. 5. Hold Harmless. Declarant, Owners, and each successor in interest of Declarant and said Owners, hereby agree to save and hold the City of San Rafael harmless from any and all liability for inverse condemnation which may result from, or be based upon, City’s approval of the Development of the subject Property. 6. Amendments. The City of San Rafael will be given reasonable advance notice in writing of any amendments to the Declaration affecting the rights of the City as provided herein, and no such amendment will be deemed effective without the written consent of the San Rafael City Council. 6. Prior to recordation of the final map, the CC&R’s shall be reviewed and approved by the Department of Community Development and the City Attorney’s Office. 7. Approved CC&R’s shall be recorded concurrently with the final map. Department of Public Works - Land Development Division 8. A Final Map shall be required to be filed and approved by the Department of Public Works. 9. Should the applicant elect to record the final map prior to completion of the subdivision improvements, a subdivision improvement agreement shall be required. As part of this agreement bonds shall be required based on the engineer’s estimate. The current fees for the subdivision: > $2,615.00 Improvement Plan Check > $3,285.00 minimum, (or actual cost if greater) for Final Map Plan Check. > $1,464.00 Subdivision Improvement Inspection Fees. Master Use Permit Conditions of Approval (UP18-039) 1. Except as modified herein, the Master Use Permit (UP18-039) authorizes redevelopment of the existing 2.28 acre site for residential use as shown in the approved plans in a maximum of three (3) phases. Although phasing is not required, this Use Permit authorizes that the project may be phased as follows, subject to the conditions of approval a) Phase One (Pre-Phase) which entails site preparation, demolition, landscaping/tree removal (except no removal of existing trees along the southern property line). b) Phase Two — Construction of Buildings 1- through Building 4 (a total of 25 units, including five (5) BMR units), trash enclosure, and creek promenade enhancements including landscaping, hardscape and recreational amenities. c) Phase Three - Construction of Building 5 through Building 9 (a total of 20 units, including four (4) BMR units), removal of existing trees along southern property line and the remaining landscaping. 29 2. Should the project proceed in a phased development approach, the following requirements shall appl a) All site improvement, roadways, sidewalk, utilities shall be installed and completed no later than the completion of Phase Two. b) Landscaping may be installed by each phase: i. Prior to final occupancy of Phase Two, the approved landscaping along the Merrydale Rd border (along Building 1) and along the Highway 101 frontage (Building 3 and Building 4) along with all other on site landscaping in that phase, shall be installed. ii. Prior to final occupancy of Phase Three, the approved landscaping along the Merrydale Rd border (along Building 9) and along the Highway 101/Redwood Hwy frontage (Building 5 and Building 6), along with all other on site landscaping in that phase, shall be installed. c) This Master Use Permit (UP18-039) shall be valid for three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void if: 1) a building permits(s) have not been obtained and construction diligently commenced and pursued for all 9 buildings (45 units); 2) construction has not commenced on both Phase Two and Phase Three; 3) the project has not substantially progressed in constructions of Phase Two and Three; or 4) a time extension request has not been received before December 10, 2022. The time extension application (including project plans) must be submitted to the Planning Department with all associated fees. The time extension is subject to a public hearing and review and approval by the Planning Commission. d) Once the building permit(s) is/are issued and construction and framing are commenced within the three (3) year period, then the Use Permit shall become valid and run with the land and will not have an expiration date. On-going compliance with all conditions of approval shall be required to keep the Use Permit valid. 3. Prior to completion of Phase Two, an “Interim Site Plan” for the area of Phase Three shall be submitted, to address visual conditions, dust/erosion control, security and drainage and site maintenance. This plan shall be subject to review and approval of the Community Development Department and Department of Public Works. 4. Once the Interim Site Plan is approved, all specific conditions of the interim plan for the area of Phase Three shall be installed per the approved plan, prior to final occupancy of Buildings 1 through Building 4, as approved per Phase Two construction. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 10% day of December 2019. Moved by and seconded by AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS 30 SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A. Jensen, Secretary Sarah Loughran, Chair 31 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 LA N D US E EL E M E N T LU - 2 . De v e l o p m e n t Ti m i n g . Fo r he a l t h , sa f e t y an d ge n e r a l we l f a r e re a s o n s , ne w de v e l o p m e n t sh o u l d on l y oc c u r wh e n ad e q u a t e in f r a s t r u c t u r e is av a i l a b l e co n s i s t e n t wi t h th e fo l l o w i n g fi n d i n g s : a. Pr o j e c t - r e l a t e d tr a f f i c wi l l no t ca u s e th e le v e l of se r v i c e es t a b l i s h e d in th e Ci r c u l a t i o n El e m e n t to be ex c e e d e d ; b. An y ci r c u l a t i o n im p r o v e m e n t s ne e d e d to ma i n t a i n th e le v e l of se r v i c e st a n d a r d es t a b l i s h e d in th e Ci r c u l a t i o n El e m e n t ha v e be e n pr o g r a m m e d an d fu n d i n g ha s be e n co m m i t t e d ; c. En v i r o n m e n t a l re v i e w of ne e d e d ci r c u l a t i o n im p r o v e m e n t pr o j e c t s ha s be e n co m p l e t e d ; d. Th e ti m e fr a m e fo r co m p l e t i o n of th e ne e d e d ci r c u l a t i o n im p r o v e m e n t s wi l l no t ca u s e th e le v e l of se r v i c e in th e Ci r c u l a t i o n El e m e n t to be ex c e e d e d , or th e fi n d i n g s se t fo r t h in Po l i c y C- 5 ha v e be e n ma d e ; an d e. Se w e r , wa t e r , an d ot h e r in f r a s t r u c t u r e im p r o v e m e n t s wi l l be av a i l a b l e to se r v e ne w de v e l o p m e n t by th e ti m e th e de v e l o p m e n t is co n s t r u c t e d Co n s i s t e n t wi t h co n d i t i o n s Th e pr o j e c t pr o p o s e s to re d e v e l o p a lo t cu r r e n t l y de v e l o p e d wi t h ex i s t i n g bu i l d i n g s us e d as a da y ca r e fo r de v e l o p m e n t a l l y di s a b l e d ad u l t s . Th e si t e is cu r r e n t l y se r v e d by Ci t y in f r a s t r u c t u r e an d se r v i c e s . Th e qu a s i - g o v e r n m e n t a l ag e n c i e s th a t wo u l d pr o v i d e wa t e r an d se w e r se r v i c e to th e si t e ha v e re v i e w e d th e pr o p o s e d pr o j e c t an d de t e r m i n e d th a t th e r e is ad e q u a t e ca p a c i t y to se r v i c e th e ne w pr o j e c t . Ma r i n Mu n i c i p a l Wa t e r Di s t r i c t (M M W D ) ha s in d i c a t e d th a t wh i l e th e si t e is cu r r e n t l y be i n g se r v e d , a pi p e l i n e ex t e n s i o n fr o m th e en d of th e Di s t r i c t ’ s ex i s t i n g fa c i l i t i e s . Sp e c i f i c MM W D co n d i t i o n s of ap p r o v a l ar e in c l u d e d in th e De s i g n Re v i e w Pe r m i t ED 1 8 - 1 0 0 (s e e Ex h i b i t 4) . Al s o , La s Ga l l i n a s Va l l e y Sa n i t a t i o n Di s t r i c t (L G V S D ) ha s de t e r m i n e d th a t th e pr o p o s e d pr o j e c t is wi t h i n th e Sp h e r e of In f l u e n c e an d Di s t r i c t fa c i l i t i e s bo u n d a r y . Th e pr o p o s e d pr o j e c t mu s t ap p l y fo r an d re c e i v e an al l o c a t i o n of se w e r ca p a c i t y fr o m th i s Di s t r i c t be f o r e it ca n re c e i v e se w e r se r v i c e s . Th e pr o p o s e d pr o j e c t mu s t ma k e sa t i s f a c t o r y ar r a n g e m e n t s wi t h th i s Di s t r i c t fo r th e co n s t r u c t i o n of an y of f - s i t e or on - s i t e se w e r s wh i c h ma y be re q u i r e d . Sp e c i f i c LG V S D co n d i t i o n s of ap p r o v a l ar e in c l u d e d in th e De s i g n Re v i e w Pe r m i t ED 1 8 - 1 0 0 (s e e Ex h i b i t 4) . Th e pr o j e c t pr o p o s e s to de m o l i s h th e ex i s t i n g on e - s t o r y bu i l d i n g s on th e si t e an d to co n s t r u c t ni n e (9 ) th r e e - s t o r y bu i l d i n g s wi t h a to t a l of 45 to w n h o m e un i t s (a mi x t u r e of tw o - b e d r o o m , th r e e - b e d r o o m an d fo u r - b e d r o o m un i t s ) wi t h ga r a g e s an d un c o v e r e d pa r k i n g . Th e Ci t y Tr a f f i c En g i n e e r ha s re v i e w e d th e pr o j e c t an d th e Tr a f f i c Im p a c t St u d y pr e p a r e d by W- T r a n s . Th e Ci t y Tr a f f i c En g i n e e r co n c u r s th a t th i s pr o j e c t wo u l d ge n e r a t e 17 ad d i t i o n a l a. m . an d 19 ad d i t i o n a l p. m . pe a k ho u r ve h i c u l a r tr i p s be y o n d th o s e th a t ha v e hi s t o r i c a l l y ex i s t e d on th e si t e . Th e Ci t y Tr a f f i c En g i n e e r co n c u r s wi t h th e co n c l u s i o n ma d e in th e Tr a f f i c Im p a c t St u d y , th a t th e pr o j e c t wo u l d ha v e a le s s - t h a n - s i g n i f i c a n t im p a c t fo r LO S le v e l s at th e st u d y in t e r s e c t i o n s . Th e pr o j e c t ap p r o v a l wa s co n d i t i o n e d on th e pa y m e n t of tr a f f i c mi t i g a t i o n fe e s ba s e d on th e 36 to t a l ne w a. m . / p . m . pe a k ho u r ve h i c l e tr i p s th a t wo u l d be ge n e r a t e d by th e pr o j e c t . LU - 8 . De n s i t y of Re s i d e n t i a l De v e l o p m e n t . Re s i d e n t i a l de n s i t i e s ar e sh o w n in Ex h i b i t 11 , La n d Us e Ca t e g o r i e s , pa g e s 38 - 4 0 . Ma x i m u m de n s i t i e s ar e no t gu a r a n t e e d bu t mi n i m u m de n s i t i e s ar e ge n e r a l l y re q u i r e d . De n s i t y of re s i d e n t i a l de v e l o p m e n t on an y si t e sh a l l re s p o n d to th e fo l l o w i n g fa c t o r s : si t e re s o u r c e s an d co n s t r a i n t s , po t e n t i a l l y ha z a r d o u s co n d i t i o n s , tr a f f i c an d ac c e s s , ad e q u a c y of in f r a s t r u c t u r e , Ci t y de s i g n po l i c i e s an d Co n s i s t e n t Th e si t e is as s i g n e d a Ge n e r a l Pl a n La n d Us e De s i g n a t i o n of Ge n e r a l Co m m e r c i a l (G C ) . Th e GC la n d us e de s i g n a t i o n al l o w s re s i d e n t i a l de n s i t i e s of be t w e e n 15 - 3 2 un i t s pe r gr o s s ac r e . Ba s e d on th i s de n s i t y , th e 99 , 1 5 0 sq . ft . si t e (2 . 2 8 ac r e s ) wo u l d be al l o w e d 34 to 72 un i t s . Gr o s s de n s i t y is us e d fo r lo n g - r a n g e pl a n n i n g pu r p o s e s an d is th e nu m b e r of un i t s pe r ac r e de v o t e d to a si t e pl u s th e ar e a of st r e e t s an d ot h e r pu b l i c im p r o v e m e n t s (p a r k s pu b l i c fa c i l i t i e s , et c . se r v i n g th o s e ar e a s ) . Gr o s s de n s i t y is ap p r o x i m a t e l y 20 to 30 pe r c e n t lo w e r th a n ne t de n s i t y . Ne t de n s i t y is us e d in th e Zo n i n g Or d i n a n c e to de t e r m i n e pr o j e c t - sp e c i f i c de n s i t i e s an d is th e nu m b e r of dw e l l i n g un i t s pe r ac r e of la n d de v o t e d to th e si t e . Ne t de n s i t y do e s Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: 7. C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 7 Ex h i b i t : 5- 1 E X H I B I T 5 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 | de v e l o p m e n t pa t t e r n s an d pr e v a i l i n g de n s i t i e s of ad j a c e n t de v e l o p e d ar e a s . no t in c l u d e th e ar e a of st r e e t s an d ot h e r pu b l i c im p r o v e m e n t s se r v i n g th o s e si t e s an d is ap p r o x i m a t e l y 20 to 30 pe r c e n t hi g h e r th a n gr o s s de n s i t y . Th e pr o p o s e d zo n i n g de s i g n a t i o n fo r th i s si t e is to re m a i n a PD Di s t r i c t bu t ut i l i z e th e de v e l o p m e n t st a n d a r d s an d de n s i t y to mi r r o r th e HR - 1 zo n i n g di s t r i c t wh i c h al l o w s 1 un i t fo r ev e r y 1, 0 0 0 sq . ft . of la n d ar e a . Ba s e d on th i s st a n d a r d , th e si t e wo u l d be al l o w e d up to 91 un i t s (9 1 , 1 5 0 sq . ft . of la n d ar e a / 1, 0 0 0 de n s i t y ) . Th e pr o j e c t pr o p o s e s a to t a l of 45 un i t s an d wo u l d th e r e f o r e be co n s i s t e n t wi t h th e al l o w a b l e de n s i t y ra n g e . In ge n e r a l , th e de n s i t y is ap p r o p r i a t e fo r th e si t e gi v e n si t e gi v e n th e co m p a t i b i l i t y of th e su r r o u n d i n g ar e a , an d in f r a s t r u c t u r e an d tr a f f i c ca p a c i t y to su p p o r t th e re s i d e n t i a l de v e l o p m e n t . As su c h , th e 45 un i t s pr o p o s e d wo u l d be co n s i s t e n t wi t h th e al l o w a b l e de n s i t y ra n g e . Th e Zo n i n g de s i g n a t i o n fo r th e si t e is Pl a n n e d De v e l o p m e n t (P D 1 5 9 4 ) . Th i s PD ( 1 5 9 4 ) zo n i n g is sp e c i f i c to th e ex i s t i n g us e on si t e - a da y ca r e fo r up to 12 0 de v e l o p m e n t a l l y di s a b l e d ad u l t s . Th e si t e ha s op e r a t e d si n c e 19 9 0 , un d e r a Us e Pe r m i t ap p r o v e d by th e Pl a n n i n g Co m m i s s i o n (U P 9 0 - 2 2 ) . Ho w e v e r , th i s Us e Pe r m i t do e s no t al l o w re s i d e n t i a l us e s an d th e r e f o r e th e pr o j e c t si t e is re q u i r e d to be re z o n e d to a ne w PD to ac c o m m o d a t e th e pr o p o s e d re s i d e n t i a l de v e l o p m e n t pr o j e c t . Pu r s u a n t to Zo n i n g Or d i n a n c e 14 . 0 7 . 0 3 5 : “t h e Co m m u n i t y De v e l o p m e n t Di r e c t o r sh a l l de t e r m i n e ba s e d on de v e l o p m e n t ch a r a c t e r i s t i c s , us e an d de n s i t y , an d th e co n t i g u o u s zo n i n g di s t r i c t s , a zo n i n g di s t r i c t ad o p t e d wi t h i n th i s ti t l e th a t is mo s t co m p a t i b l e to th e PD di s t r i c t . Th e re g u l a t i o n s an d sp a t i a l st a n d a r d s of th e mo s t co m p a t i b l e zo n i n g di s t r i c t sh a l l be ap p l i e d , su b j e c t to th e ap p r o v a l of an en v i r o n m e n t a l an d de s i g n re v i e w pe r m i t . ” Th e Ci t y su p p o r t s th e pr o p o s e d re - z o n i n g to an e w PD Di s t r i c t bu t ha s de t e r m i n e d th a t th e mo s t co m p a t i b l e de n s i t y wo u l d be on e th a t in c o r p o r a t e s th e mu l t i - f a m i l y us e st y l e of th e su r r o u n d i n g tw o - s t o r y , mu l t i - f a m i l y pr o p e r t i e s on th e we s t si d e of Me r r y d a l e , wh i c h ar e zo n e d HR - 1 (H i g h De n s i t y Re s i d e n t i a l ) . Ba s e d on th e HR - 1 De v e l o p m e n t St a n d a r d s (1 un i t pe r 1, 0 0 0 sq u a r e fe e t of lo t ar e a ) th e ma x i m u m nu m b e r un i t s al l o w e d fo r th e ba s e de n s i t y wo u l d be 99 un i t s on th e 99 , 1 5 0 sq u a r e fo o t pr o j e c t si t e . Th e pr o p o s e d 45 un i t s is we l l be l o w th e ma x i m u m HR - 1 ba s e de n s i t y an d th e pr o j e c t wo u l d th e r e f o r e be co n s i s t e n t wi t h th e al l o w a b l e de n s i t y ra n g e of re s i d e n t i a l de v e l o p m e n t . St a t e De n s i t y Bo n u s e s fo r af f o r d a b l e ho u s i n g ar e al l o w e d if th e pr o j e c t qu a l i f i e s an d re q u e s t s a st a t e de n s i t y bo n u s . By pr o v i d i n g 20 % of th e un i t s as af f o r d a b l e 9 be l o w ma r k e t ra t e (B M R ) un i t s in co m p l i a n c e wi t h SR M C Se c t i o n 14 . 1 6 . 3 6 0 , th e pr o j e c t qu a l i f i e s fo r a St a t e De n s i t y Bo n u s of 21 . 5 % . Ho w e v e r , th e ap p l i c a n t is no t re q u e s t i n g a St a t e De n s i t y Bo n u s to in c r e a s e th e nu m b e r of un i t s on si t e , bu t is pr o p o s i n g to us e a co n c e s s i o n LU - 1 0 . Pl a n n e d De v e l o p m e n t Zo n i n g . Re q u i r e Pl a n n e d De v e l o p m e n t zo n i n g fo r de v e l o p m e n t on a lo t la r g e r th a n fi v e ac r e s in si z e , ex c e p t fo r th e Co n s i s t e n t wi t h Co n d i t i o n s Th e ex i s t i n g pr o j e c t si t e is 2. 2 8 ac r e s , wh i c h is le s s th a n th e mi n i m u m ac r e s re q u i r e d fo r a Pl a n n e d De v e l o p m e n t zo n i n g Di s t r i c t . Ho w e v e r , th e pr o p o s e d pr o j e c t is an am e n d m e n t to th e pr e v i o u s l y ap p r o v e d Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: 7. C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e Ex h i b i t : 5- 2 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 co n s t r u c t i o n of a si n g l e - f a m i l y re s i d e n c e . PD ( 1 5 9 4 ) an d wo u l d no t fu r t h e r re d u c e lo t si z e . Th e pr o p o s e d de v e l o p m e n t is co n s i s t e n t wi t h th e HR 1 de v e l o p m e n t st a n d a r d s an d ha s be e n re c o m m e n d e d fo r ap p r o v a l by th e De s i g n Re v i e w Bo a r d . LU - 1 2 . Bu i l d i n g He i g h t s . Ci t y w i d e he i g h t li m i t s in Sa n Ra f a e l ar e de s c r i b e d in Ex h i b i t s 7 an d 8. Fo r Do w n t o w n he i g h t li m i t s se e Ex h i b i t 9. Co n s i s t e n t Ac c o r d i n g to Ex h i b i t 8 (B u i l d i n g He i g h t s Li m i t s in No r t h Sa n Ra f a e l ) of th e Ge n e r a l Pl a n , th e ma x i m u m he i g h t li m i t fo r th i s pr o p e r t y is 36 fe e t . Th e Ge n e r a l Pl a n de f i n e s he i g h t of a bu i l d i n g fo r no n - h i l l s i d e as th e ve r t i c a l di s t a n c e ab o v e a re f e r e n c e da t u m me a s u r e d to th e hi g h e s t po i n t of th e co p i n g of a fl a t ro o f or to th e de c k li n e of a ma n s a r d ro o f . Th e re f e r e n c e da t u m is de t e r m i n e d as fo l l o w s : if th e di f f e r e n c e in gr a d e be t w e e n th e lo w e s t an d hi g h e s t gr a d e po i n t is gr e a t e r th a n 10 ’ , th e re f e r e n c e da t u m is lo c a t e d 10 ’ ve r t i c a l l y fr o m th e lo w e s t gr a d e po i n t . Th e pr o j e c t si t e is ne a r l y fl a t wi t h an av e r a g e cr o s s - s l o p e of 4. 9 2 % . Th e pr o j e c t de s i g n pr o p o s e s to co n s t r u c t ni n e (9 ) ne w th r e e - s t o r y bu i l d i n g s wi t h a ga b l e ro o f an d a ma x i m u m he i g h t of 33 . 5 ’ ab o v e fi n i s h e d gr a d e . Th e pr o p o s e d pr o j e c t is th e r e f o r e co n s i s t e n t wi t h th e he i g h t li m i t s fo r th i s si t e . LU - 1 4 . La n d Us e Co m p a t i b i l i t y . De s i g n ne w de v e l o p m e n t in mi x e d re s i d e n t i a l an d co m m e r c i a l ar e a s to mi n i m i z e po t e n t i a l nu i s a n c e ef f e c t s an d to en h a n c e th e i r su r r o u n d i n g s . Co n s i s t e n t Se e H- 2 di s c u s s i o n be l o w . Re s i d e n t i a l La n d Us e s ar e al l o w e d at a de n s i t y of 15 - 3 2 un i t s / a c r e . Th e pr o j e c t si t e is co m p r i s e d of 2. 2 8 ac r e s , wh i c h wo u l d eq u a t e to an al l o w a b l e de n s i t y of 34 - 7 2 un i t s . Th e pr o p o s e d 45 re s i d e n t i a l un i t s wo u l d be co n s i s t e n t wi t h th e al l o w a b l e de n s i t y ra n g e . Th e pr o p o s e d pr o j e c t wo u l d pr o v i d e a tr a n s i t i o n be t w e e n th e ex i s t i n g co m m e r c i a l de v e l o p m e n t , tw o to th r e e st o r y re s i d e n t i a l de v e l o p m e n t , an d si n g l e fa m i l y de v e l o p m e n t in vi c i n i t y of Me r r y d a l e Ro a d LU - 2 3 . La n d Us e Ma p an d Ca t e g o r i e s . La n d us e ca t e g o r i e s ar e ge n e r a l i z e d gr o u p i n g s of la n d us e s an d ti t l e s th a t de f i n e a pr e d o m i n a n t la n d us e ty p e (S e e Ex h i b i t 11 ) . Al l pr o p o s e d pr o j e c t s mu s t me e t de n s i t y an d FA R st a n d a r d s (S e e Ex h i b i t s 4, 5 an d 6) fo r th a t ty p e of us e , an d ot h e r ap p l i c a b l e de v e l o p m e n t st a n d a r d s . So m e li s t e d us e s ar e co n d i t i o n a l us e s in th e zo n i n g or d i n a n c e an d ma y be al l o w e d on l y in li m i t e d ar e a s or un d e r li m i t e d ci r c u m s t a n c e s . Ma i n t a i n a La n d Us e Ma p th a t il l u s t r a t e s th e di s t r i b u t i o n an d lo c a t i o n of la n d us e s as en v i s i o n e d by Ge n e r a l Pl a n po l i c i e s . (S e e Ex h i b i t 11 ) . Co n s i s t e n t Ac c o r d i n g to Ex h i b i t 11 (L a n d Us e Ca t e g o r i e s ) of th e Ge n e r a l Pl a n , th e Ge n e r a l Co m m e r c i a l (G C ) us e ca t e g o r y de f i n e s al l o w a b l e la n d us e s as “G e n e r a l re t a i l an d se r v i c e s us e s , re s t a u r a n t s , au t o m o b i l e sa l e s an d se r v i c e us e s , an d mo t e l / h o t e l s . Re s i d e n t i a l La n d Us e s ar e al l o w e d at a de n s i t y of 15 - 3 2 un i t s / a c r e . Th e pr o j e c t si t e is co m p r i s e d of 2. 2 8 ac r e s , wh i c h wo u l d eq u a t e to an al l o w a b l e de n s i t y of 34 - 7 2 un i t s . Th e pr o p o s e d 45 re s i d e n t i a l un i t s wo u l d be co n s i s t e n t wi t h th e al l o w a b l e de n s i t y ra n g e . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : 7. C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 3 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 HO U S I N G EL E M E N T H- 2 . De s i g n Th a t Fi t s in t o th e Ne i g h b o r h o o d Co n t e x t . De s i g n ne w ho u s i n g , re m o d e l s an d ad d i t i o n s to be co m p a t i b l e in fo r m to th e su r r o u n d i n g ne i g h b o r h o o d . In c o r p o r a t e tr a n s i t i o n s in he i g h t an d se t b a c k s fr o m ad j a c e n t pr o p e r t i e s to re s p e c t ad j a c e n t de v e l o p m e n t ch a r a c t e r an d pr i v a c y . Re s p e c t ex i s t i n g la n d f o r m s an d mi n i m i z e ef f e c t s on ad j a c e n t pr o p e r t i e s . Co n s i s t e n t wi t h Co n d i t i o n Th e pr o j e c t is lo c a t e d ad j a c e n t to th e Sa n Ra f a e l Me a d o w s Ne i g h b o r h o o d , in a mi x e d co m m e r c i a l ar e a , is ch a r a c t e r i z e d by on e , tw o an d th r e e st o r y ap a r t m e n t co m p l e x e s an d co m m e r c i a l bu i l d i n g s , Hw y 10 1 fr e e w a y an d hi g h w a y on / o f f ra m p s , a re s i d e n t i a l ca r e fa c i l i t y an d re s t a u r a n t s al o n g th e so u t h e r n po r t i o n of Me r r y d a l e Ro a d , an d si n g l e fa m i l y de v e l o p m e n t to th e we s t of Me r r y d a l e Ro a d , Th e pr o j e c t si t e it s e l f is bo u n d e d by a bl u e - l i n e cr e e k to th e no r t h , mu l t i - f a m i l y re s i d e n t i a l to th e so u t h an d St a t e Hw y 10 1 to th e ea s t , al o n g Re d w o o d Hi g h w a y . Th e De s i g n Re v i e w Bo a r d (D R B ) re v i e w e d th e pr o j e c t as in tw o me e t i n g s - on c e as a co n c e p t re v i e w (J u l y 17 , 20 1 8 ) an d on c e as a fo r m a l pr o j e c t re v i e w (A u g u s t 6, 20 1 9 ) . Th e DR B re c o m m e n d e d ap p r o v a l of th e pr o j e c t de s i g n wi t h so m e mo d i f i c a t i o n s to th e si t e pl a n , co m m u n i t y ro o m an d th e cr e e k pr o m e n a d e ar e a . H- 3 . Pu b l i c In f o r m a t i o n an d Pa r t i c i p a t i o n . Pr o v i d e in f o r m a t i o n on ho u s i n g pr o g r a m s an d re l a t e d is s u e s . Re q u i r e an d su p p o r t pu b l i c pa r t i c i p a t i o n in th e fo r m u l a t i o n an d re v i e w of th e Ci t y ’ s ho u s i n g po l i c y , in c l u d i n g en c o u r a g i n g ne i g h b o r h o o d in v o l v e m e n t in de v e l o p m e n t re v i e w . Wo r k wi t h co m m u n i t y gr o u p s to ad v o c a t e pr o g r a m s th a t wi l l in c r e a s e af f o r d a b l e ho u s i n g su p p l y an d op p o r t u n i t i e s . En s u r e ap p r o p r i a t e an d ad e q u a t e in v o l v e m e n t so th a t th e de s i g n of ne w ho u s i n g wi l l st r e n g t h e n th e ch a r a c t e r an d in t e g r i t y of th e ne i g h b o r h o o d . Co n s i s t e n t Th e pr o j e c t ha s be e n re v i e w e d by th e pu b l i c du r i n g a Ne i g h b o r h o o d Me e t i n g wi t h th e pr o j e c t sp o n s o r on Ju l y 25 , 20 1 9 . Ci t y st a f f al s o at t e n d e d th i s me e t i n g to an s w e r qu e s t i o n s ab o u t th e de s i g n re v i e w pr o c e s s . Th e pr o j e c t sp o n s o r al s o me t se p a r a t e l y wi t h th e Sa n Ra f a e l Me a d o w s Ne i g h b o r h o o d As s o c i a t i o n an d ot h e r ne i g h b o r s to pr e s e n t th e pr o j e c t . Th e pu b l i c al s o pa r t i c i p a t e d in re v i e w i n g th e pr o j e c t du r i n g th e Co n c e p t u a l De s i g n Re v i e w pu b l i c he a r i n g (J u l y 17 , 20 1 8 ) an d th e fo r m a l De s i g n Re v i e w Bo a r d he a r i n g (A u g u s t 6, 20 1 9 ) . Th e pr o j e c t de s i g n ha s , ge n e r a l l y , no t ch a n g e d ov e r th e co u r s e of th e pu b l i c re v i e w in te r m s of bu l k an d ma s s . Th e nu m b e r of un i t s pr o p o s e d ch a n g e d fr o m 44 un i t s to 45 un i t s , an d th e pr o p o s e d ro o f de c k s we r e el i m i n a t e d du e to pu b l i c co n c e r n s ab o u t pr i v a c y an d to re d u c e bu l k an d ma s on si t e . Th e pr o j e c t ha s co n s i s t e n t l y pr o p o s e d to de m o l i s h th e ex i s t i n g on e - s t o r y cl a s s r o o m bu i l d i n g s on si t e an d co n s t r u c t a ni n e (9 ) ne w , th r e e - s t o r y re s i d e n t i a l bu i l d i n g s wi t h a to t a l of 45 - u n i t s . wi t h 94 on - s i t e ga r a g e pa r k i n g sp a c e s an d 7 on - s i t e un c o v e r e d pa r k i n g sp a c e s . H- 1 4 . Ad e q u a t e Si t e s . Ma i n t a i n an ad e q u a t e su p p l y of la n d de s i g n a t e d fo r al l ty p e s of re s i d e n t i a l de v e l o p m e n t to me e t th e ho u s i n g ne e d s of al l ec o n o m i c se g m e n t s in Sa n Ra f a e l . Wi t h i n th i s to t a l , th e Ci t y sh a l l al s o ma i n t a i n a su f f i c i e n t su p p l y of la n d fo r mu l t i f a m i l y ho u s i n g to me e t th e qu a n t i f i e d ho u s i n g ne e d of ve r y lo w , lo w , an d mo d e r a t e in c o m e ho u s i n g un i t s . En c o u r a g e de v e l o p m e n t of re s i d e n t i a l us e s in co m m e r c i a l ar e a s wh e r e th e vi t a l i t y of th e ar e a wi l l no t be ad v e r s e l y af f e c t e d , an d th e si t e or ar e a wi l l be en h a n c e d by li n k i n g wo r k e r s to jo b s , an d by Co n s i s t e n t Se e LU - 8 di s c u s s i o n ab o v e . Th e pr o p o s e d ne w re s i d e n t i a l de v e l o p m e n t se r v e s to ac c o m m o d a t e th e pr o j e c t e d ne e d fo r 1, 0 0 7 ad d i t i o n a l ho u s i n g un i t s in th e Ci t y by th e ye a r 20 2 3 (R e g i o n a l Ho u s i n g Ne e d s Al l o c a t i o n or RH N A ; Pa g e B- 5 , Ap p e n d i x B of Ge n e r a l Pl a n ) by ad d i n g 45 ad d i t i o n a l fo r - s a l e ho u s i n g un i t s to th e Ci t y ’ s re n t a l ho u s i n g st o c k . A to t a l of ni n e (9 ) of th e s e ho u s i n g un i t s wo u l d be de e d - r e s t r i c t e d as ‘a f f o r d a b l e ’ ho u s i n g ; fi v e (5 ) of th e s e ho u s i n g un i t s wo u l d be de e d - r e s t r i c t e d fo r sa l e or re n t to lo w - in c o m e ho u s e h o l d s an d fo u r (4 ) un i t s de e d - r e s t r i c t e d fo r sa l e or re n t to mo d e r a t e - i n c o m e ho u s e h o l d s . Th e s e wo u l d co n t r i b u t e to th e Ci t y ’ s ne e d fo r 14 8 lo w - i n c o m e ho u s i n g un i t s an d 18 1 mo d e r a t e ho u s i n g un i t s by th e ye a r 20 2 3 . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e +: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e Ex h i b i t : 5- 4 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 pr o v i d i n g sh a r e d us e of th e si t e or ar e a . H- 1 4 a . Re s i d e n t i a l an d Mi x e d Us e Si t e s In v e n t o r y . En c o u r a g e re s i d e n t i a l de v e l o p m e n t in ar e a s ap p r o p r i a t e an d fe a s i b l e fo r ne w ho u s i n g . Th e s e ar e a s ar e id e n t i f i e d in Ap p e n d i x B, Ho u s i n g El e m e n t Ba c k g r o u n d , Su m m a r y of Po t e n t i a l Ho u s i n g Si t e s (a v a i l a b l e fo r vi e w on th e Ci t y ’ s we b s i t e ) . Ex p l o r e ef f e c t i v e wa y s to sh a r e ho u s i n g si t e in f o r m a t i o n an d de v e l o p e r an d fi n a n c i n g in f o r m a t i o n to en c o u r a g e de v e l o p m e n t of un d e r u t i l i z e d in s t i t u t i o n a l la n d . Th e Ci t y ha s em p l o y e d di f f e r e n t st r a t e g i e s to fi n d th e mo s t ef f e c t i v e wa y to de l i v e r in f o r m a t i o n ab o u t de v e l o p m e n t . It is an on g o i n g an d ev o l v i n g pr o c e s s th a t ha s in c l u d e d pr a c t i c e s su c h as pr e p a r i n g fa c t sh e e t s fo r si t e s wi t h mu l t i p l e in q u i r i e s . H- 1 4 b . Ef f i c i e n t Us e of Mu l t i f a m i l y Ho u s i n g Si t e s . Do no t ap p r o v e re s i d e n t i a l - o n l y de v e l o p m e n t be l o w mi n i m u m de s i g n a t e d Ge n e r a l Pl a n de n s i t i e s un l e s s ph y s i c a l or en v i r o n m e n t a l co n s t r a i n t s pr e c l u d e it s ac h i e v e m e n t . Re s i d e n t i a l - o n l y pr o j e c t s sh o u l d be ap p r o v e d at th e mi d - to hi g h - r a n g e of th e zo n i n g de n s i t y . If de v e l o p m e n t on a si t e is to oc c u r ov e r ti m e th e ap p l i c a n t mu s t sh o w th a t th e pr o p o s e d de v e l o p m e n t do e s no t pr e v e n t su b s e q u e n t de v e l o p m e n t of th e si t e to it s mi n i m u m de n s i t y an d pr o v i d e gu a r a n t e e s th a t th e re m a i n i n g ph a s e s wi l l , in fa c t , be de v e l o p e d . Th i s si t e is no t an ex i s t i n g mu l t i fa m i l y ho u s i n g si t e , th e r e f o r e do e s no t ne e d to be ap p r o v e d an d th e mi d to hi g h po i n t of th e de n s i t y ra n g e . Fu r t h e r m o r e , th i s si t e is no t li s t e d in th e ho u s i n g op p o r t u n i t y si t e in Ap p e n d i x B of th e Ho u s i n g el e m e n t . H- 1 5 . In f i l l Ne a r Tr a n s i t . En c o u r a g e hi g h e r de n s i t i e s on si t e s ad j a c e n t to a tr a n s i t hu b , fo c u s i n g on th e Pr i o r i t y De v e l o p m e n t Ar e a su r r o u n d i n g th e Sa n Ra f a e l Tr a n s p o r t a t i o n Ce n t e r an d fu t u r e do w n t o w n SM A R T st a t i o n . H- 1 5 b . Ci v i c Ce n t e r St a t i o n Ar e a Pl a n . Th e Ci t y co m p l e t e d th e Ci v i c Ce n t e r St a t i o n Ar e a Pl a n , wh i c h wa s ac c e p t e d by th e Ci t y Co u n c i l in Au g u s t 20 1 2 an d am e n d e d in 20 1 3 . De v e l o p m e n t ar o u n d th e st a t i o n ar e a wi l l be gu i d e d by co n s i d e r a t i o n s fo r st a t i o n ac c e s s an d Co n s i s t e n t Th e ne w re s i d e n t s at 35 0 Me r r y d a l e wi l l ha v e ea s y ac c e s s to al o n g Me r r y d a l e , No r t h Sa n Pe d r o Ro a d , Li n c o l n Av e n u e as bu s st o p s al o n g Hw y 10 1 No r t h an d So u t h on / o f f r a m p s . ne a r b y Go l d e n Ga t e Tr a n s i t bu s st o p ro u t e s we l l an d re g i o n a l tr a n s i t op t i o n s at th e ne a r b y Th e le g a l ex i s t i n g ac c e s s to th e SM A R T Ci v i c Ce n t e r St a t i o n fr o m th e pr o j e c t si t e fo r pe d e s t r i a n / b i c y c l i s t s wo u l d be to he a d we s t do w n La s Ga l l i n a s Av e n u e to th e si g n a l i z e d pe d e s t r i a n cr o s s i n g an d th e n ac c e s s th e mu l t i - u s e pa t h w a y (M U P ) an d go no r t h e a s t to th e st a t i o n . Th e pr o p o s e d pr o j e c t is lo c a t e d ap p r o x i m a t e l y 6 mi l e s fr o m th e Ci v i c Ce n t e r SM A R T st a t i o n , ab o u t an 11 mi n u t e wa l k . SM A R T st a f f (L i b b y Pa y a n , As s i s t a n t Pl a n n e r ) ha s re v i e w e d th e pr o p o s e d pr o j e c t an d in d i c a t e d th a t th e r e is no pl a n by SM A R T to pr o v i d e an y ki n d of fo r m a l li n k fr o m th e Ci v i c Ce n t e r St a t i o n to th e pr o j e c t si t e to Me r r y d a l e Ro a d . Th e r e Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 19 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 5 Fi l e #: Ti t l e : Ex h i b i t : Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 tr a n s p o r t a t i o n co n n e c t i o n s by va r i o u s mo d e s , as we l l as pr o m o t i o n of la n d us e s th a t em b r a c e th e op p o r t u n i t i e s of a tr a n s i t - o r i e n t e d si t e an d ar e co m p a t i b l e wi t h th e ch a r a c t e r of th e su r r o u n d i n g ar e a . Fo l l o w i n g th e co m m e n c e m e n t of th e op e r a t i o n of SM A R T (2 0 1 6 ) , st u d y St a t i o n Ar e a Pl a n re c o m m e n d a t i o n s to fa c i l i t a t e ho u s i n g op p o r t u n i t i e s ne a r tr a n s i t an d im p l e m e n t th r o u g h Ge n e r a l Pl a n am e n d m e n t s an d Zo n i n g Co d e ch a n g e s wh e r e ap p r o p r i a t e . is an ex i s t i n g MU P on th e we s t si d e of th e tr a c k s fr o m Sm i t h Ra n c h Ro a d to th e Ci v i c Ce n t e r . Ho w e v e r , th e r e is no fo r m a l pl a n to co n s t r u c t a MU P on th e ea s t si d e of th e tr a c k s . H- 1 9 a . In c l u s i o n a r y Ho u s i n g . Th e Ci t y re q u i r e s re s i d e n t i a l pr o j e c t s to pr o v i d e a pe r c e n t a g e of af f o r d a b l e un i t s on si t e an d / o r pa y in - l i e u of fe e s fo r th e de v e l o p m e n t of af f o r d a b l e un i t s in an o t h e r lo c a t i o n . Th e Ci t y ’ s pr o g r a m re q u i r e s th e un i t s re m a i n af f o r d a b l e fo r th e lo n g e s t fe a s i b l e ti m e , or at le a s t 55 ye a r s . Th e Ci t y ' s pr i m a r y in t e n t is th e co n s t r u c t i o n of un i t s on - s i t e . Th e un i t s sh o u l d be of a si m i l a r mi x an d ty p e to th a t of th e de v e l o p m e n t as a wh o l e an d di s p e r s e d th r o u g h o u t th e de v e l o p m e n t . If th i s is no t pr a c t i c a l or no t pe r m i t t e d by la w , th e Ci t y wi l l co n s i d e r ot h e r al t e r n a t i v e s of eq u a l va l u e , su c h as in - l i e u fe e s , co n s t r u c t i o n of un i t s of f - s i t e , do n a t i o n of a po r t i o n of th e pr o p e r t y fo r fu t u r e no n - p r o f i t ho u s i n g de v e l o p m e n t , et c . Al l o w fo r fl e x i b i l i t y in pr o v i d i n g af f o r d a b l e un i t s as lo n g as th e in t e n t of th i s po l i c y is me t . Sp e c i f i c re q u i r e m e n t s ar e : Pr o j e c t Si z e % Af f o r d a b l e Un i t s Re q ' d 2 —1 0 Ho u s i n g Un i t s * 10 % 11 — 20 Ho u s i n g Un i t s 15 % 21 + Ho u s i n g Un i t s 20 % * Ex e m p t i o n s fo r sm a l l e r pr o j e c t s un i t s ma y be pr o v i d e d fo r in th e Re n t a l Un i t s . Pr o v i d e , co n s i s t e n t wi t h St a t e la w , a mi n i m u m of 50 % of th e BM R un i t s af f o r d a b l e to ve r y lo w - i n c o m e ho u s e h o l d s at be l o w 50 % of me d i a n in c o m e , wi t h th e re m a i n d e r af f o r d a b l e to lo w in c o m e ho u s e h o l d s at Co n s i s t e n t Se e H- 1 4 di s c u s s i o n s ab o v e . Th e pr o j e c t wo u l d co m p l y wi t h th e Ci t y ’ s af f o r d a b l e ho u s i n g re q u i r e m e n t by pr o v i d i n g 20 % of th e un i t s as af f o r d a b l e - a to t a l of ni n e (9 ) be l o w ma r k e t ra t e or BM R un i t s . Ac c o r d i n g to Ma r i n Ho u s i n g , th e sa l e pr i c e fo r th e s e un i t s wo u l d be 65 % of th e Me d i a n In c o m e fo r lo w - i n c o m e un i t s an d 90 % of th e Ar e a Me d i a n In c o m e fo r th e mo d e r a t e - i n c o m e un i t s . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 6 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 50 - 8 0 % of me d i a n in c o m e . Sa l e / O w n e r s h i p Un i t s . Pr o v i d e a mi n i m u m of 50 % of th e BM R un i t s af f o r d a b l e to lo w in c o m e ho u s e h o l d s at 50 - 80 % of me d i a n in c o m e , wi t h th e re m a i n d e r af f o r d a b l e to mo d e r a t e in c o m e ho u s e h o l d s at 80 - 1 2 0 % of me d i a n in c o m e . Ca l c u l a t i o n of In - l i e u Fe e . Co n t i n u e to pr o v i d e a ca l c u l a t i o n fo r in - l i e u fe e s fo r af f o r d a b l e ho u s i n g . Fo r fr a c t i o n s of af f o r d a b l e un i t s , if 0. 5 or mo r e of a un i t , th e de v e l o p e r sh a l l co n s t r u c t th e ne x t hi g h e r wh o l e nu m b e r of af f o r d a b l e un i t s , an d if le s s th a n 0. 5 of a un i t , th e de v e l o p e r sh a l l pr o v i d e an in - l i e u fe e . NE I G H B O R H O O D S EL E M E N T NH - 2 . Ne w De v e l o p m e n t in Re s i d e n t i a l Ne i g h b o r h o o d s . Pr e s e r v e , en h a n c e an d ma i n t a i n th e re s i d e n t i a l ch a r a c t e r of ne i g h b o r h o o d s to ma k e th e m de s i r a b l e pl a c e s to li v e . Ne w de v e l o p m e n t sh o u l d : e En h a n c e ne i g h b o r h o o d im a g e an d qu a l i t y of li f e , e In c o r p o r a t e se n s i t i v e tr a n s i t i o n s in he i g h t an d se t b a c k s fr o m ad j a c e n t pr o p e r t i e s to re s p e c t ad j a c e n t de v e l o p m e n t ch a r a c t e r an d pr i v a c y , e Pr e s e r v e hi s t o r i c an d ar c h i t e c t u r a l l y si g n i f i c a n t st r u c t u r e s , e Re s p e c t ex i s t i n g la n d f o r m s an d na t u r a l fe a t u r e s , e Ma i n t a i n or en h a n c e in f r a s t r u c t u r e se r v i c e le v e l s , an d e Pr o v i d e ad e q u a t e pa r k i n g . Co n s i s t e n t Se e H- 2 di s c u s s i o n ab o v e . Th e pr o j e c t de s i g n , as re v i s e d an d co n d i t i o n e d wi l l ad d a th r e e - s t o r y re s i d e n t i a l de v e l o p m e n t wi t h 94 pa r k i n g sp a c e s to a si t e wi t h ex i s t i n g on e - s t o r y bu i l d i n g s . Th i s wi l l be a ch a n g e in th e ex i s t i n g ae s t h e t i c in th e ar e a . Ho w e v e r : 1) th e pr o p o s e d 45 un i t de v e l o p m e n t wi l l be co n s i s t e n t wi t h th e ma x i m u m al l o w a b l e Ge n e r a l Pl a n 20 2 0 de n s i t y fo r th e si t e (1 5 - 3 2 un i t s / a c r e = 34 - 7 2 un i t s ) , ba s e d on 2. 2 8 ac r e s of to t a l lo t ar e a , 2) th e pr o j e c t wi l l be co n s i s t e n t wi t h th e mi n i m u m re q u i r e d ya r d se t b a c k s , lo t co v e r a g e an d us a b l e op e n sp a c e pe r un i t fo r th e mo s t co m p a r a b l e zo n i n g di s t r i c t (t h e ad j a c e n t HR 1 Zo n i n g Di s t r i c t ) , 3) th e pr o p o s e d he i g h t of th e bu i l d i n g s is 33 . 5 ’ , wh i c h is le s s th a n th e ma x i m u m he i g h t al l o w e d fo r th e pr o j e c t si t e (3 6 ” ) ; an d 4) th e pr o j e c t wi l l be co n s i s t e n t wi t h th e mi n i m u m la n d s c a p i n g re q u i r e m e n t fo r th e pr o j e c t si t e , wh i c h is 50 % of th e re q u i r e d fr o n t an d st r e e t si d e ya r d s in th e HR 1 Di s t r i c t . In ad d i t i o n , 13 ex i s t i n g tr e e s (i n c l u d i n g Re d w o o d s ) wo u l d be pr e s e r v e d al o n g th e pe r i m e t e r of th e si t e an d ne w la n d s c a p i n g wo u l d be ad d e d to th e si t e , in c l u d i n g 55 ne w tr e e s an d 2, 6 5 1 sh r u b s . Th e so u t h si d e of th e cr e e k pr o m e n a d e is pr o p o s e d to be en h a n c e d , tr a n s f o r m e d fr o m th e ex i s t i n g pa v e d pa r k i n g lo t to a la n d s c a p e d ar e a wh i c h wi l l of f e r be n c h e s , re m o v a b l e bo l l a r d s / f e n c i n g , wa l k w a y s an d pa s s i v e pl a y ar e a s fo r ch i l d r e n . Th e cr e e k pr o m e n a d e wi l l se r v e as a “d u a l us e ” ar e a , de s i g n e d fo r bo t h pe d e s t r i a n op e n sp a c e ar e a s wi t h a 10 ” ma i n t e n a n c e ea s e m e n t (d e s i g n e d wi t h pe r m e a b l e pa v e r s ) to al l o w cr e e k ma i n t e n a n c e wh e n ne c e s s a r y . At th e re q u e s t of th e DR B , th e ap p l i c a n t ad d e d a “C o m m u n i t y Ro o m ” on th e gr o u n d le v e l of Bu i l d i n g #4 . Th e co m m u n i t y ro o m wi l l in c l u d e in d o o r sp a c e as we l l as a 48 0 sf ou t d o o r pa t i o ar e a wi t h a BB Q ar e a . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e +: ZC 1 9- 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 19 - 0 3 9 Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e Ex h i b i t : 5- 7 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 NH - 3 . Ho u s i n g Mi x . En c o u r a g e a ho u s i n g mi x wi t h a br o a d ra n g e of af f o r d a b i l i t y , ch a r a c t e r , an d si z e s . In ar e a s wi t h a pr e d o m i n a n c e of re n t a l ho u s i n g , en c o u r a g e ow n e r s h i p un i t s to in c r e a s e th e va r i e t y of ho u s i n g ty p e s . Co n s i s t e n t Th e pr o p o s e d pr o j e c t is a 45 - u n i t fo r - s a l e co n d o m i n i u m pr o j e c t an d wo u l d in c l u d e ni n e (9 ) be l o w ma r k e t ra t e (B M R ) un i t . Fi v e un i t s wo u l d be av a i l a b l e to lo w - i n c o m e ho u s e h o l d s an d fo u r (4 ) wo u l d be av a i l a b l e to mo d e r a t e - i n c o m e ho u s e h o l d s . Th e r e wi l l be fi v e (5 ) di f f e r e n t Fl o o r Pl a n Ty p e s co m p r i s i n g a mi x t u r e of 2- , 3- an d 4- b e d r o o m un i t s ra n g i n g in si z e fr o m 1, 2 8 5 sf to 2, 1 1 9 sf . Th e BM R un i t s wi l l be av a i l a b l e as 1 be d r o o m , 2- b e d r o o m an d 3 be d r o o m un i t s th r o u g h o u t th e pr o j e c t si t e . NH - 1 7 . Co m p e t i n g Co n c e r n s . In re v i e w i n g an d ma k i n g de c i s i o n s on pr o j e c t s , th e r e ar e co m p e t i n g ec o n o m i c , ho u s i n g , en v i r o n m e n t a l an d de s i g n co n c e r n s th a t mu s t be ba l a n c e d . No on e fa c t o r sh o u l d do m i n a t e ; ho w e v e r , ec o n o m i c an d ho u s i n g de v e l o p m e n t ar e hi g h pr i o r i t i e s to th e he a l t h of Do w n t o w n . Co n s i s t e n t Se e LU - 8 , H- 2 , H- 1 4 an d NH - 1 5 di s c u s s i o n s ab o v e . Th e pr o j e c t pr o p o s e s to de m o l i s h al l ex i s t i n g st r u c t u r e s on th e si t e an d co n s t r u c t a re s i d e n t i a l de v e l o p m e n t th a t co m p l i e s wi t h th e Ci t y ’ s af f o r d a b l e ho u s i n g re q u i r e m e n t , pr o v i d i n g a to t a l of ni n e (9 ) be l o w ma r k e t ra t e or BM R un i t s . Th e ex i s t i n g cr e e k at th e so u t h en d of th e pr o p e r t y wo u l d be pr o t e c t e d an d en h a n c e d by cr e a t i n g a pe d e s t r i a n wa l k w a y an d ad d i t i o n a l la n d s c a p i n g al o n g th e cr e e k ba n k . NH - 1 5 1 . Ne w De v e l o p m e n t . Ne w de v e l o p m e n t an d si g n i f i c a n t re m o d e l s sh o u l d re t a i n th e ex i s t i n g ne i g h b o r h o o d ch a r a c t e r , pa r t i c u l a r l y in ar e a s of sm a l l e r or hi s t o r i c ho m e s . Se e H- 2 Di s c u s s i o n NH - 8 6 . De s i g n Co n s i d e r a t i o n s fo r De v e l o p m e n t in th e Vi c i n i t y of th e Ci v i c Ce n t e r . A. Re q u i r e ur b a n de s i g n an a l y s i s to as s u r e co m p a t i b i l i t y of ma t e r i a l s , co l o r an d bu i l d i n g ma s s e s wi t h Ci v i c Ce n t e r . Re q u i r e fu n c t i o n a l in t e r - c o n n e c t i o n wi t h Ci v i c Ce n t e r . De s i g n to co m p l e m e n t Ci v i c Ce n t e r ar c h i t e c t u r e ra t h e r th a n co m p e t e . Si t e de s i g n sh o u l d re t a i n vi s t a s wh e r e fe a s i b l e to Mt . Ta m a l p a i s . En c o u r a g e re t e n t i o n of ex i s t i n g hi s t o r i c st r u c t u r e s . En c o u r a g e th e Co u n t y to en h a n c e th e Ci v i c Ce n t e r Dr i v e ar e a wi t h sa f e an d pl e a s a n t Bo Oo y 可 Co n s i s t e n t Th e am e n d e d Ci v i c Ce n t e r St a t i o n Ar e a Pl a n wa s ad o p t e d by th e Ci t y Co u n c i l on Se p t e m b e r 16 , 20 1 3 . Th e pl a n wa s pu t s fo r t h a “v i s i o n ” fo r th e % mi l e ar e a su r r o u n d i n g th e Ci v i c Ce n t e r SM A R T st a t i o n , wh i c h in c l u d e s : 1) ma x i m u m re s i d e n t i a l de n s i t y of 44 un i t s / a c r e (p r o j e c t si t e pr o p o s e s 19 un i t s / a c r e ) , 2) bu i l d i n g he i g h t s li m i t e d to 36 fe e t , ex c e p t in th e ne i g h b o r i n g si n g l e fa m i l y re s i d e n t i a l ne i g h b o r h o o d , wh e r e th e he i g h t li m i t is 30 fe e t (t h e pr o j e c t pr o p o s e s a bu i l d i n g he i g h t of 33 . 5 ’ an d el i m i n a t e d th e pr o p o s e d ro o f de c k s ba s e d on co n c e r n s by ne i g h b o r s ab o u t la c k of pr i v a c y ) , 4) bu i l d i n g ar t i c u l a t i o n an d va r i e d se t b a c k s to pr e v e n t a so l i d wa l l ap p e a r a n c e (t h e pr o p o s e d bu i l d i n g s al o n g Me r r y d a l e ar e se t b a c k 15 fe e t fr o m th e pr o p e r t y li n e , ar e de s i g n e d wi t h ar t i c u l a t i o n wi t h wi n d o w s an d te r r a c e s , tr e e s an d lo w sh r u b s . In ad d i t i o n , va r i e d bu i l d i n g ma t e r i a l s wi l l pr o v i d e vi s u a l in t e r e s t . In ad d i t i o n , ne w st r e e t tr e e s wi l l be pl a n t e d al o n g th e Me r r y d a l e fr o n t a g e an d ad d i t i o n a l sh r u b s wi l l be pl a n t e d th r o u g h o u t th e pr o j e c t si t e ) ; an d 5) en c o u r a g e mu l t i - f a m i l y ho u s i n g on pr o p e r t i e s cl o s e s t to th e Ci v i c Ce n t e r SM A R T st a t i o n (t h e pr o j e c t si t e is lo c a t e d ad j a c e n t to th e la s t de v e l o p e d lo t on th e ea s t si d e of Me r r y d a l e St r e e t (P u b l i c St o r a g e bu s i n e s s ) . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: 7. C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e Ex h i b i t : 5- 8 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N R A F A E L GE N E R A L PL A N 20 2 0 wa l k w a y s . G. En c o u r a g e th e Co u n t y to ha v e pr o p o s a l s go th r o u g h De s i g n Re v i e w pr o c e s s , an d in v o l v e No r t h Sa n Ra f a e l co m m u n i t y in ev a l u a t i o n of de s i g n , et c . H. Im p l e m e n t th e re c o m m e n d a t i o n s id e n t i f i e d in th e Ci v i c Ce n t e r St a t i o n Ar e a Pl a n co m p l e t e d in 20 1 1 . NH - 1 2 8 . Si d e w a l k Im p r o v e m e n t s . Pr o v i d e si d e w a l k s th a t ar e sa f e an d at t r a c t i v e to wa l k al o n g Co n s i s t e n t Th e pr o p o s e d pr o j e c t wo u l d in c l u d e in s t a l l a t i o n of a ne w si d e w a l k al o n g a po r t i o n of th e ea s t si d e of Me r r y d a l e Ro a d fr o n t i n g on th e pr o j e c t si t e . Al s o , th e pr o j e c t wi l l be re q u i r e d to pr o v i d e im p r o v e m e n t s al o n g Me r r y d a l e Ro a d in ke e p i n g wi t h th e 20 1 8 ad o p t e d up d a t e of th e Sa n Ra f a e l Bi c y c l e / P e d e s t r i a n Ma s t e r Pl a n . Th e Pl a n id e n t i f i e s Me r r y d a l e Ro a d fo r a Cl a s s II I Bi k e Ro u t e . Cu r r e n t l y , th e “l i n k ” to th e SM A R T tr a i n fo r a pe d e s t r i a n / c y c l i s t wo u l d be to he a d we s t do w n La s Ga l l i n a s Av e , wh e r e th e y wo u l d re a c h th e si g n a l i z e d pe d e s t r i a n gr a d e cr o s s i n g , al l o w i n g th e m to le g a l l y cr o s s th e ra i l r o a d tr a c k s an d ac c e s s th e ex i s t i n g SM A R T Mu l t i - U s e Pa t h (M U P ) on th e we s t si d e of th e tr a c k s . SM A R T ha s re v i e w e d th e pr o j e c t an d in d i c a t e d to Pl a n n i n g st a f f th a t at th i s ti m e , th e r e ar e no pl a n s to co n s t r u c t an ad d i t i o n a l MU P on th e ea s t si d e of th e tr a c k s , an d no pl a n s fo r a pe d e s t r i a n pa t h fr o m Me r r y d a l e Ro a d . NH - 1 2 9 . Ne i g h b o r h o o d Pa r k i n g . Pr o v i d e st r e e t pa r k i n g th a t is co n v e n i e n t an d do e s no t do m i n a t e th e ne i g h b o r h o o d . Re q u i r e th a t al l ne w re s i d e n t i a l de v e l o p m e n t s pr o v i d e fo r at t r a c t i v e an d ad e q u a t e of f - st r e e t pa r k i n g . Co n s i s t e n t As a re s u l t of th e ne w de v e l o p m e n t , th e ex i s t i n g cu r b s pr o v i d i n g en t r y in t o th e pr o j e c t si t e al o n g th e ea s t si d e of Me r r y d a l e Ro a d wo u l d be re c o n f i g u r e d . Th e r e ar e fi v e (5 ) ex i s t i n g on - s t r e e t sp a c e s an d th e pr o j e c t wo u l d ad d fo u r (4 ) ad d i t i o n a l sp a c e s fo r a to t a l of 9 on - s t r e e t pa r k i n g sp a c e s . NH - 1 4 2 . Re d w o o d Hi g h w a y Im p r o v e m e n t s . Up g r a d e an d un i f y th e ar c h i t e c t u r e , si g n a g e an d la n d s c a p i n g al o n g Re d w o o d Hi g h w a y on th e ea s t si d e of Hi g h w a y 10 1 . Co n s i s t e n t Th e pr o p o s e d pr o j e c t is ac c e s s i b l e fr o m Re d w o o d Hi g h w a y . Th e ex i s t i n g Re d w o o d Hw y pu b l i c ri g h t - o f wa y en d s at th e pr o j e c t si t e , wh i c h is cu r r e n t l y fe n c e d . Ho w e v e r , th e pr o j e c t pr o p o s e s to cr e a t e a ne w ro a d w a y to se r v e th e de v e l o p m e n t , wh i c h wi l l co n t i n u e no r t h an d te r m i n a t e at th e cr e e k . Th e ne w pr i v a t e st r e e t wi l l al s o pr o v i d e an ac c e s s ro a d w a y th r o u g h th e de v e l o p m e n t to Me r r y d a l e Ro a d . Pe d e s t r i a n s an d bi c y c l i s t s ca n ac c e s s th e cr e e k pr o m e n a d e vi a th i s ne w l y cr e a t e d pr i v a t e po r t i o n of Re d w o o d Hi g h w a y . On l y on e (1 ) ex i s t i n g tr e e wi l l be re m o v e d al o n g th e Re d w o o d Hi g h w a y fr o n t a g e . Fo u r (4 ) ex i s t i n g tr e e s wi l l re m a i n al o n g th e Re d w o o d Hi g h w a y fr o n t a g e (P i n e , Oa k an d Re d w o o d ) , an d ne w ev e r g r e e n tr e e s wo u l d be pl a n t e d al o n g th e Re d w o o d Hi g h w a y fr o n t a g e . a Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 19 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 9 : Fi l e #: Ti t l e : Ex h i b i t : Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 NH - 1 4 8 . Re s i d e n t i a l Us e at th e En d of Me r r y d a l e Ro a d . Ev a l u a t e am e n d i n g th e Ge n e r a l Pl a n an d Zo n i n g Or d i n a n c e to pr o m o t e re s i d e n t i a l us e s at th e en d of Me r r y d a l e Ro a d . Co n s i s t e n t Th e pr o p o s e d pr o j e c t wo u l d in t r o d u c e 45 ne w re s i d e n t i a l un i t s ad j a c e n t to ex i s t i n g mu l t i - f a m i l y an d si n g l e fa m i l y ho u s i n g , re p l a c i n g an ex i s t i n g un d e r - u t i l i z e d sc h o o l si t e . CO M M U N I T Y DE S I G N EL E M E N T CD - 2 . Ne i g h b o r h o o d Id e n t i t y . Re c o g n i z e an d pr o m o t e th e un i q u e ch a r a c t e r an d in t e g r i t y of th e ci t y ' s re s i d e n t i a l ne i g h b o r h o o d s an d Do w n t o w n . St r e n g t h e n th e "h o m e t o w n " im a g e of Sa n Ra f a e l by : e Ma i n t a i n i n g th e ur b a n , hi s t o r i c , an d pe d e s t r i a n ch a r a c t e r of th e Do w n t o w n ; e Pr e s e r v i n g an d en h a n c i n g th e sc a l e an d la n d s c a p e d ch a r a c t e r of th e Ci t y ' s re s i d e n t i a l ne i g h b o r h o o d s ; e I m p r o v i n g th e ap p e a r a n c e an d fu n c t i o n of co m m e r c i a l ar e a s ; an d e Al l o w i n g li m i t e d co m m e r c i a l us e s in re s i d e n t i a l ne i g h b o r h o o d s th a t se r v e lo c a l re s i d e n t s an d cr e a t e ne i g h b o r h o o d - g a t h e r i n g pl a c e s . Co n s i s t e n t Se e H- 2 , NH - 2 , NH 8 6 an d NH - 1 4 8 di s c u s s i o n ab o v e . Th e pr o j e c t si t e is lo c a t e d ac r o s s th e st r e e t fr o m Th e Sa n Ra f a e l Me a d o w s , an es t a 6 l i s h e d an d pr e d o m i n a n t l y si n g l y fa m i l y ne i g h b o r h o o d on th e we s t si d e Me r r y d a l e Ro a d . Th e id e n t i t y of th i s ne i g h b o r h o o d is es s e n t i a l l y in th e in t e r i o r lo t s of th e ar e a , wh i c h ar e qu i e t an d tr e e li n e d . Th e pr o j e c t si t e is al s o ad j a c e n t to an ex i s t i n g mu l t i - f a m i l y tw o - s t o r y re s i d e n t i a l bu i l d i n g an d a st o r a g e fa c i l i t y . Th e “n e i g h b o r h o o d id e n t i t y ” of th e vi c i n i t y on Me r r y d a l e (s o u t h of No r t h Sa n Pe d r o Ro a d ) is a mi x t u r e of re s t a u r a n t s , se n i o r ho u s i n g fo r ad u l t s ne e d i n g ca r e , mu l t i - f a m i l y re s i d e n t i a l bu i l d i n g s , Hw y 10 1 fr e e - w a y on / o f f ra m p s , an d a st o r a g e fa c i l i t y at th e te r m i n u s of Me r r y d a l e Rd st r e e t te r m i n u s . Th e pr o p o s e d pr o j e c t wo u l d be a tr a n s i t i o n be t w e e n th e mu l t i t u d e of us e s . Th e pr o j e c t wo u l d re - a c t i v a t e th e si t e an d br i n g a gr e a t e r le v e l of pe d e s t r i a n ac t i v i t y al o n g Me r r y d a l e Ro a d . CD - 3 . Ne i g h b o r h o o d s . Re c o g n i z e , pr e s e r v e an d en h a n c e th e po s i t i v e qu a l i t i e s th a t gi v e ne i g h b o r h o o d s th e i r un i q u e id e n t i t i e s , wh i l e al s o al l o w i n g fl e x i b i l i t y fo r in n o v a t i v e de s i g n . De v e l o p pr o g r a m s to en c o u r a g e an d re s p e c t th e co n t e x t an d sc a l e of ex i s t i n g ne i g h b o r h o o d s . Co n s i s t e n t Se e CD - 2 an d NH - 2 di s c u s s i o n ab o v e . CD - 5 . Vi e w s . Re s p e c t an d en h a n c e to th e gr e a t e s t ex t e n t po s s i b l e , vi e w s of th e Ba y an d it s is l a n d s , Ba y we t l a n d s , St . Ra p h a e l ’ s ch u r c h be l l to w e r , Ca n a l f r o n t , ma r i n a s , Mt . Ta m a l p a i s , Ma r i n Ci v i c Ce n t e r an d hi l l s an d ri d g e l i n e s fr o m pu b l i c st r e e t s , pa r k s an d pu b l i c l y ac c e s s i b l e pa t h w a y s . Co n s i s t e n t Se e NH - 8 6 di s c u s s i o n ab o v e . Th e we s t e r n po r t i o n of th e pr o j e c t si t e is lo c a t e d ad j a c e n t to th e Hw y 10 1 fr e e w a y . Ph o t o s i m u l a t i o n s we r e su b m i t t e d wi t h th e pr o j e c t ap p l i c a t i o n , fr o m lo c a t i o n s re q u e s t e d by st a f f , to sh o w th e im p a c t s fr o m th e sc a l e of th e pr o j e c t de s i g n on vi e w s on th e su r r o u n d i n g ar e a s fr o m pu b l i c st r e e t s . Th e De s i g n Re v i e w Bo a r d (D R B ) ha s re v i e w e d po t e n t i a l vi e w im p a c t s re s u l t i n g fr o m th e pr o j e c t de s i g n , in ad d i t i o n to al l ap p l i c a b l e de v e l o p m e n t st a n d a r d s an d de s i g n cr i t e r i a an d gu i d e l i n e s , an d re c o m m e n d e d ap p r o v a l of th e pr o j e c t on Au g u s t 6, 20 1 9 , su b j e c t to ch a n g e s to th e lo c a t i o n of ou t d o o r ai r Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y - Fi l e #: Ti t l e : Ex h i b i t : 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 19 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 0 Ex h i b i t 5 TA B L E A N A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 - co n d i t i o n i n g un i t s an d th e de s i g n of th e “C o m m u n i t y Ro o m ” . Th e ap p l i c a n t im p l e m e n t e d th e re q u e s t e d ch a n g e s , wh i c h we r e re v i e w e d by Pl a n n i n g st a f f . CD - 1 1 . Mu l t i f a m i l y De s i g n Gu i d e l i n e s . Re c o g n i z e , pr e s e r v e an d en h a n c e th e de s i g n el e m e n t s th a t en s u r e mu l t i f a m i l y ho u s i n g is vi s u a l l y an d fu n c t i o n a l l y co m p a t i b l e wi t h ot h e r bu i l d i n g s in th e ne i g h b o r h o o d . De v e l o p de s i g n gu i d e l i n e s to en s u r e th a t ne w de v e l o p m e n t fi t s wi t h i n an d im p r o v e s th e ch a r a c t e r de f i n i n g el e m e n t s of ne i g h b o r h o o d s . Co n s i s t e n t Se e H - 2 , an d NH - 2 di s c u s s i o n ab o v e . Th e pr o j e c t si t e is pr o p o s i n g to re z o n e th e s i t e to HR 1 , a n d co m p l i e s wi t h th e HR - 1 de v e l o p m e n t st a n d a r d s , si m i l a r to th e ad j a c e n t pr o p e r t i e s on th e ea s t si d e of Me r r y d a l e Ro a d . Th e or i g i n a l pr o p o s a l fo r ro o f de c k s we r e el i m i n a t e d in re s p o n s e to ne i g h b o r co n c e r n s ab o u t pr i v a c y . Th e he i g h t is 33 ° 6 ” , wh i c h is be l o w th e 36 fo o t he i g h t li m i t al l o w e d in th e HR 1 Zo n i n g Di s t r i c t CD - 1 4 . Re c r e a t i o n a l Ar e a s . In mu l t i f a m i l y de v e l o p m e n t , re q u i r e pr i v a t e ou t d o o r ar e a s an d on - s i t e co m m o n sp a c e s fo r lo w an d me d i u m de n s i t i e s . In hi g h de n s i t y an d mi x e d - us e de v e l o p m e n t , pr i v a t e an d / o r co m m o n ou t d o o r sp a c e s ar e en c o u r a g e d . Co m m o n sp a c e s ma y in c l u d e re c r e a t i o n fa c i l i t i e s , ga t h e r i n g sp a c e s , an d si t e am e n i t i e s su c h as pi c n i c k i n g an d pl a y ar e a s . Co n s i s t e n t Th e pr o j e c t is de s i g n e d wi t h pr i v a t e ba l c o n i e s as we l l as pe d e s t r i a n “p a s e o s ” th r o u g h o u t th e pr o j e c t si t e . Th e s e pa s e o s wi l l pr o v i d e a pl a c e fo r re s i d e n t s to wa l k wi t h i n th e si t e an d al s o ti e in to ac c e s s fo r th e op e n sp a c e al o n g th e ne w l y en h a n c e d cr e e k pr o m e n a d e ar e a . Th e so u t h si d e of th e cr e e k pr o m e n a d e wi l l be tr a n s f o r m e d fr o m th e ex i s t i n g pa v e d pa r k i n g lo t to a la n d s c a p e d ar e a wh i c h wi l l of f e r be n c h e s , re m o v a b l e bo l l a r d s / f e n c i n g , wa l k w a y s an d pa s s i v e pl a y ar e a s fo r ch i l d r e n . Th e cr e e k pr o m e n a d e wi l l se r v e as a “d u a l us e ” ar e a , de s i g n e d fo r bo t h pe d e s t r i a n op e n sp a c e ar e a s wi t h a 10 ’ ma i n t e n a n c e ea s e m e n t (d e s i g n e d wi t h pe r m e a b l e pa v e r s ) to al l o w cr e e k ma i n t e n a n c e wh e n ne c e s s a r y . At th e re q u e s t of th e DR B , th e ap p l i c a n t ad d e d a “C o m m u n i t y Ro o m ” on th e gr o u n d le v e l of Bu i l d i n g #4 . Th e co m m u n i t y ro o m wi l l in c l u d e in d o o r sp a c e as we l l as a 50 0 sf ou t d o o r pa t i o ar e a wi t h a BB Q ar e a . CD - 1 5 . Pa r t i c i p a t i o n in Pr o j e c t Re v i e w . Pr o v i d e fo r pu b l i c in v o l v e m e n t in th e re v i e w of ne w de v e l o p m e n t , re n o v a t i o n s , an d pu b l i c pr o j e c t s wi t h th e fo l l o w i n g e De s i g n gu i d e l i n e s an d ot h e r in f o r m a t i o n re l e v a n t to th e pr o j e c t as de s c r i b e d in th e Co m m u n i t y De s i g n El e m e n t th a t wo u l d be us e d by re s i d e n t s , de s i g n e r s , pr o j e c t de v e l o p e r s , Ci t y st a f f , an d Ci t y de c i s i o n ma k e r s ; e Di s t r i b u t i o n of th e pr o c e d u r e s of th e de v e l o p m e n t pr o c e s s th a t in c l u d e th e fo l l o w i n g : su b m i t t a l in f o r m a t i o n , ti m e l i n e s fo r pu b l i c re v i e w , an d pu b l i c no t i c e re q u i r e m e n t s ; e St a n d a r d i z e d th r e s h o l d s th a t st a t e wh e n de s i g n re v i e w of pr o j e c t s is re q u i r e d (e . g . re s i d e n t i a l co n v e r s i o n s , se c o n d - st o r y ad d i t i o n s ) ; an d Co n s i s t e n t Se e H- 3 di s c u s s i o n ab o v e . Th e pr o p o s e d pr o j e c t ha s pr o v i d e d fo r ef f e c t i v e ci t i z e n pa r t i c i p a t i o n in de c i s i o n - ma k i n g , gi v e n th a t ; th e Ci t y ha s pr o v i d e d op p o r t u n i t i e s fo r pu b l i c in v o l v e m e n t in th e re v i e w of th e pr o j e c t th r o u g h th e re f e r r a l of th e Pr e - a p p l i c a t i o n to th e ap p r o p r i a t e ne i g h b o r h o o d gr o u p (S a n Ra f a e l Me a d o w s Ne i g h b o r h o o d As s o c i a t i o n ) , no t i c e of th e Co n c e p t u a l De s i g n Re v i e w , an d th e re f e r r a l , no t i c e an d he a r i n g s of fo r m a l pr o j e c t re v i e w in co m p l i a n c e wi t h Ch a p t e r 29 of th e Zo n i n g Or d i n a n c e (P u b l i c No t i c e ) . No t i c e of th e De s i g n Re v i e w Bo a r d (D R B ) me e t i n g an d th i s Pl a n n i n g Co m m i s s i o n he a r i n g we r e ma i l e d to al l pr o p e r t y ow n e r s an d oc c u p a n t s wi t h i n a 30 0 - f o o t ra d i u s of th e si t e , an d th e ap p r o p r i a t e ne i g h b o r h o o d gr o u p s , 15 ca l e n d a r da y s pr i o r to th e me e t i n g s (D R B ) or PC he a r i n g (2 0 da y re v i e w ti m e , du e to th e ad d e d re v i e w of th e CE Q A In i t i a l St u d y / M i t i g a t e d Ne g a t i v e De c l a r a t i o n . In ad d i t i o n , a pu b l i c he a r i n g no t i c e wa s po s t e d on th e pr o j e c t si t e at tw o (2 ) lo c a t i o n s al o n g bo t h th e Me r r y d a l e fr o n t a g e an d th e Re d w o o d Hi g h w a y fr o n t a g e . Co m m e n t s we r e pr o v i d e d du r i n g th e DR B re v i e w pr o c e s s , an d th e s e an d an y ad d i t i o n a l co m m e n t s ar e in c l u d e d in th e st a f f re p o r t to th e Co m m i s s i o n . “4 Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 1 Fi l e #: Ti t l e : Ex h i b i t : Ex h i b i t 5 TA B L E A N A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H S A N RA F A E L GE N E R A L PL A N 20 2 0 e Ef f e c t i v e pu b l i c pa r t i c i p a t i o n in th e re v i e w pr o c e s s . CD - 1 8 . La n d s c a p i n g . Re c o g n i z e th e un i q u e co n t r i b u t i o n | Co n s i s t e n t wi t h co n d i t i o n s pr o v i d e d by la n d s c a p i n g an d ma k e it a si g n i f i c a n t A to t a l of 28 tr e e s ar e pr o p o s e d to be re m o v e d fr o m th e pr o j e c t si t e , pr i m a r i l y in th e in t e r i o r po r t i o n of th e co m p o n e n t of al l si t e de s i g n . si t e . Ho w e v e r , 13 ex i s t i n g tr e e s ar o u n d th e pe r i m e t e r of th e si t e wi l l re m a i n . In ad d i t i o n , a to t a l of 55 tr e e s ar e pr o p o s e d to be pl a n t e d , in ad d i t i o n to 2, 6 5 1 ne w sh r u b s th r o u g h o u t th e pr o j e c t si t e (i n c l u d i n g in th e bi o - r e t e n t i o n ar e a s on si t e ) . Th e DR B re v i e w e d th e pr o j e c t de s i g n (i n c l u d i n g la n d s c a p i n g ) an d on Au g u s t 6, 20 1 9 , th e DR B re c o m m e n d e d ap p r o v a l of th e pr o j e c t de s i g n . CD - 1 9 . Li g h t i n g . Al l o w ad e q u a t e si t e li g h t i n g fo r sa f e t y Co n s i s t e n t wi t h Co n d i t i o n pu r p o s e s wh i l e co n t r o l l i n g ex c e s s i v e li g h t sp i l l o v e r an d Th e pr o j e c t de s i g n in c l u d e s a to t a l on ni n e (9 ) ne w li g h t po l e s 12 fe e t in he i g h t an d 46 sm a l l li g h t bo l l a r d s gl a r e . al o n g th e cr e e k pr o m e n a d e an d th r o u g h o u t th e pr o j e c t si t e . A ph o t o m e t r i c Pl a n wa s su b m i t t e d an d re v i e w e d by th e DR B an d re c o m m e n d e d fo r ap p r o v a l . SR M C Se c t i o n 14 . 1 6 . 2 2 7 (L i g h t an d Gl a r e ) st i p u l a t e s th e fo l l o w i n g st a n d a r d s : 14 . 1 6 . 2 7 7 . A . Gl o s s y fi n i s h e s an d re f l e c t i v e gl a s s su c h as gl a z e d or mi r r o r e d su r f a c e s ar e di s c o u r a g e d an d pr o h i b i t e d wh e r e it wo u l d cr e a t e ad v e r s e im p a c t on pe d e s t r i a n or au t o m o t i v e tr a f f i c or on ad j a c e n t st r u c t u r e s . 14 . 1 6 . 2 2 7 . B. Li g h t i n g fi x t u r e s sh o u l d be ap p r o p r i a t e l y de s i g n e d an d / o r sh i e l d e d to co n c e a l li g h t so u r c e s fr o m vi e w of f - s i t e an d av o i d sp i l l o v e r on t o ad j a c e n t pr o p e r t i e s . 14 . 1 6 . 2 2 7 . C . Th e fo o t - c a n d l e in t e n s i t y of li g h t i n g sh o u l d be th e mi n i m u m am o u n t ne c e s s a r y to pr o v i d e a se n s e of se c u r i t y at bu i l d i n g en t r y w a y s , wa l k w a y s an d pa r k i n g lo t s . In ge n e r a l te r m s , ac c e p t a b l e li g h t i n g le v e l s wo u l d pr o v i d e on e (1 ) fo o t ca n d l e at gr o u n d le v e l ov e r l a p at do o r w a y s , on e - h a l f (1 / 2 ) fo o t ca n d l e at gr o u n d le v e l ov e r l a p at wa l k w a y s an d pa r k i n g lo t s an d fa l l be l o w on e (1 ) fo o t - c a n d l e at th e pr o p e r t y li n e ar e a . 14 . 1 6 . 2 2 7 . F . Ma x i m u m wa t t a g e of la m p s sh a l l be sp e c i f i e d on th e pl a n s su b m i t t e d fo r el e c t r i c a l pe r m i t s 14 . 1 6 . 2 2 7 . G . Al l ne w li g h t i n g sh a l l be su b j e c t to a 90 - d a y po s t - i n s t a l l a t i o n in s p e c t i o n by th e Ci t y to al l o w fo r ad j u s t m e n t an d as s u r e co m p l i a n c e wi t h th i s se c t i o n . Th e DR B re v i e w of th e pr o p o s e d li g h t i n g pl a n , co u p l e d wi t h th e po s t - i n s t a l l a t i o n li g h t i n g re v i e w wi l l en s u r e th a t al l li g h t i n g so u r c e s pr o v i d e sa f e t y fo r th e bu i l d i n g oc c u p a n t s wh i l e no t cr e a t i n g a gl a r e or ha z a r d on ad j a c e n t st r e e t s or be an n o y i n g to ad j a c e n t re s i d e n t s . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e #: 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e Ex h i b i t : 5- 1 2 TA B L E A N A L Y Z I N G PR O J E Ex h i b i t 5 CT CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 CI R C U L A T I O N EL E M E N T C- 7 . Ci r c u l a t i o n Im p r o v e m e n t s Fu n d i n g . Ta k e a st r o n g ad v o c a c y ro l e in se c u r i n g fu n d i n g fo r pl a n n e d ci r c u l a t i o n im p r o v e m e n t s . Co n t i n u e to se e k co m p r e h e n s i v e fu n d i n g th a t in c l u d e s Fe d e r a l , St a t e , an d Co u n t y fu n d i n g , am o n g ot h e r fu n d i n g so u r c e s ; Lo c a l Tr a f f i c Mi t i g a t i o n Fe e s ; an d As s e s s m e n t Di s t r i c t s . Th e lo c a l de v e l o p m e n t pr o j e c t s ’ sh a r e of re s p o n s i b i l i t y to fu n d im p r o v e m e n t s is ba s e d on : (1 ) th e ge n e r a t i o n of ad d i t i o n a l tr a f f i c th a t cr e a t e s th e ne e d fo r th e im p r o v e m e n t , (2 ) th e im p r o v e m e n t ’ s ro l e in th e ov e r a l l tr a f f i c ne t w o r k ; (3 ) th e pr o b a b i l i t y of se c u r i n g fu n d i n g fr o m al t e r n a t i v e so u r c e s ; an d (4 ) th e ti m i n g of th e im p r o v e m e n t . C- 7 a . Tr a f f i c Mi t i g a t i o n Fe e s . Co n t i n u e to im p l e m e n t an d pe r i o d i c a l l y up d a t e th e Ci t y ’ s Tr a f f i c Mi t i g a t i o n Pr o g r a m . Co n s i s t e n t wi t h Co n d i t i o n s Se e LU - 2 di s c u s s i o n ab o v e . Th e pr o p o s e d pr o j e c t wi l l re s u l t in ad d i t i o n a l tr i p s ge n e r a t e d at th e si t e . Ba s e d on th e Tr a f f i c Im p a c t St u d y , th e pr o j e c t wo u l d re s u l t in a to t a l of 36 tr i p s (1 7 AM pe a k ho u r an d 19 PM pe a k ho u r tr i p s ) . Us i n g cu r r e n t tr a f f i c mi t i g a t i o n fe e ra t e s , th e pr o p o s e d pr o j e c t ha s be e n co n d i t i o n e d to re q u i r e a pa y m e n t of an es t i m a t e d tr a f f i c mi t i g a t i o n fe e of $1 5 2 , 8 5 6 . Th i s fe e sh a l l be ca l c u l a t e d an d du e at th e ti m e of bu i l d i n g pe r m i t is s u a n c e . Th e IS / M N D de t e r m i n e d Tr a n s p o r t a t i o n / T r a f f i c im p a c t s re s u l t i n g fr o m th e pr o j e c t wo u l d re s u l t in a le s s - th a n - s i g n i f i c a n t im p a c t wi t h mi t i g a t i o n me a s u r e s . Th e s e mi t i g a t i o n me a s u r e s ha v e be e n in c l u d e d un d e r Tr a n s p o r t a t i o n as TR A N S - 1 in th e Mi t i g a t i o n Mo n i t o r i n g an d Re p o r t i n g Pr o g r a m Ex h i b i t 2. Fu r t h e r m o r e , th e pr o j e c t is wi t h i n th e in t e n s i t y of de v e l o p m e n t an d ma x i m u m de n s i t y of de v e l o p m e n t as s u m e d un d e r th e Sa n Ra f a e l Ge n e r a l Pl a n 20 2 0 (1 5 - 3 2 un i t s pe r ac r e or 34 - 7 2 dw e l l i n g un i t s ) an d , th e r e f o r e , cu m u l a t i v e im p a c t s ha v e be e n an a l y z e d an d fo u n d to be ac c e p t a b l e . C- 2 6 . Bi c y c l e Pl a n Im p l e m e n t a t i o n . Ma k e bi c y c l i n g an d wa l k i n g an in t e g r a l pa r t of da i l y li f e in Sa n Ra f a e l by im p l e m e n t i n g th e Sa n Ra f a e l ’ s Bi c y c l e an d Pe d e s t r i a n Ma s t e r Pl a n . Co n s i s t e n t Th e pr o p o s e d pr o j e c t wi l l ad d a ne w si d e w a l k al o n g th e po r t i o n of Me r r y d a l e fr o n t i n g on th e pr o j e c t si t e . Al s o , th e pr o j e c t wi l l be re q u i r e d to pr o v i d e im p r o v e m e n t s al o n g Me r r y d a l e Ro a d in ke e p i n g wi t h th e 20 1 8 ad o p t e d up d a t e of th e Sa n Ra f a e l Bi c y c l e / P e d e s t r i a n Ma s t e r Pl a n . Th e Pl a n id e n t i f i e s Me r r y d a l e Ro a d fo r a Cl a s s II I Bi k e Ro u t e . Th e pr o j e c t wi l l be re q u i r e d to pr o v i d e si g n a g e fo r a Cl a s s II I Bi k e La n e al o n g th e Me r r y d a l e pr o j e c t fr o n t a g e , as de t e r m i n e d by th e Ci t y Tr a f f i c En g i n e e r . Cu r r e n t l y , th e “l i n k ” to th e SM A R T tr a i n fo r a pe d e s t r i a n / c y c l i s t wo u l d be to he a d we s t do w n La s Ga l l i n a s Av e , wh e r e th e y wo u l d re a c h th e si g n a l i z e d pe d e s t r i a n gr a d e cr o s s i n g , al l o w i n g th e m to le g a l l y cr o s s th e ra i l r o a d tr a c k s an d ac c e s s th e ex i s t i n g SM A R T Mu l t i - U s e Pa t h (M U P ) on th e we s t si d e of th e tr a c k s . SM A R T ha s re v i e w e d th e pr o j e c t an d in d i c a t e d to Pl a n n i n g st a f f th a t at th i s ti m e , th e r e ar e no pl a n s to co n s t r u c t an ad d i t i o n a l MU P on th e ea s t si d e of th e tr a c k s , an d no pl a n s fo r a pe d e s t r i a n pa t h fr o m Me r r y d a l e Ro a d . C- 3 1 . Re s i d e n t i a l Ar e a Pa r k i n g . Ev a l u a t e ef f e c t i v e me a n s to ma n a g e re s i d e n t i a l pa r k i n g to mi n i m i z e th e im p a c t s of ex c e s s de m a n d . Co n s i s t e n t Th e pr o j e c t pr o p o s e s to pr o v i d e on - s i t e pa r k i n g fo r al l 45 - u n i t s an d co m p l i e s wi t h th e SR M C Ch a p t e r 18 pa r k i n g re q u i r e m e n t s fo r mu l t i - f a m i l y ho u s i n g an d al s o co m p l i e s wi t h th e St a t e De n s i t y Bo n u s pa r k i n g re q u i r e m e n t s (w h i c h al l o w s ta n d e m pa r k i n g ) by pr o v i d i n g a to t a l of 94 pa r k i n g sp a c e s on si t e . Th e pr o j Al Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y wo u l d al s o ad d fo u r (4 ) ne w on - s t r e e t pa r k i n g sp a c e s to th e ex i s t i n g fi v e (5 ) sp a c e s on th e ea s t si d e of 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 3 Fi l e #: Ti t l e : Ex h i b i t : TA B L E A N A L Y Z I N G PR O Ex h i b i t 5 JE C T CO N S I S T E N C Y W I T H SA N R A F A E L GE N E R A L PL A N 20 2 0 Me r r y d a l e as a re s u l t of th e cu r b cu t re c o n f i g u r a t i o n fo r th e pr o j e c t . IN F R A S T R U C T U R E EL E M E N T 1- 2 . Ad e q u a c y of Ci t y In f r a s t r u c t u r e an d Se r v i c e s . As s u r e th a t de v e l o p m e n t ca n be ad e q u a t e l y se r v e d by th e Ci t y ’ s in f r a s t r u c t u r e an d th a t ne w fa c i l i t i e s ar e we l l pl a n n e d an d we l l de s i g n e d . Co n s i s t e n t Se e LU - 2 di s c u s s i o n ab o v e . Al l se r v i c e pr o v i d e r s , in c l u d i n g PG & E , Ma r i n Sa n i t a r y Se r v i c e , Ma r i n Mu n i c i p a l Wa t e r Di s t r i c t , an d th e Ci t y En g i n e e r , ha v e re v i e w th e pr o j e c t an d in d i c a t e d th a t ad e q u a t e in f r a s t r u c t u r e ca p a c i t y ex i s t s fo r th e pr o j e c t . J- 1 0 . Se w e r Fa c i l i t i e s . Ex i s t i n g an d fu t u r e de v e l o p m e n t ne e d s sh o u l d be co o r d i n a t e d wi t h re s p o n s i b l e di s t r i c t s an d ag e n c i e s to as s u r e th a t fa c i l i t y ex p a n s i o n an d / o r im p r o v e m e n t me e t s Fe d e r a l an d St a t e st a n d a r d s an d oc c u r s in a ti m e l y fa s h i o n . Co n s i s t e n t Se e di s c u s s i o n I- 2 ab o v e SU S T A I N A B I L I T Y EL E M E N T SU - 5 . Re d u c e Us e of No n r e n e w a b l e Re s o u r c e s . Re d u c e de p e n d e n c y on no n - r e n e w a b l e re s o u r c e s . Co n s i s t e n t wi t h Co n d i t i o n s Th o u g h no t in i t i a l l y pr o p o s e d as pa r t of th e pr o j e c t , th e pr o j e c t wa s re v i s e d at th e re q u e s t of th e DR B to pr o v i d e mo r e su s t a i n a b i l i t y on si t e . Th e re v i s e d pr o j e c t pl a n s in c l u d e a pr o v i s i o n th a t al l to w n h o m e un i t s an d st a c k e d fl a t s (t o th e ex t e n t pr a c t i c a b l e ) wi l l be pr o v i d e d wi t h pr e - w i r i n g fo r ph o t o v o l t a i c ro o f t o p so l a r sy s t e m s . In ad d i t i o n , al l ga r a g e un i t s wi l l be pr o v i d e d wi t h 22 0 - v o l t po w e r po i n t s su i t a b l e fo r EV ch a r g i n g . Th e pr o j e c t wi l l co m p l y wi t h th e mo s t re c e n t l y ad o p t e d CB C (C a l i f o r n i a Bu i l d i n g Co d e ) Ca l G r e e n an d Ti t l e - 2 4 En e r g y re g u l a t i o n s . Co n d i t i o n s su b j e c t th e pr o j e c t to th e Ma r i n Mu n i c i p a l Wa t e r Di s t r i c t ' s mo s t re c e n t l y ad o p t e d wa t e r co n s e r v a t i o n an d gr a y wa t e r re g u l a t i o n s . | SU - 6 . Re s o u r c e Ef f i c i e n c y in Si t e De v e l o p m e n t . En c o u r a g e si t e pl a n n i n g an d de v e l o p m e n t pr a c t i c e s th a t re d u c e en e r g y de m a n d , su p p o r t tr a n s p o r t a t i o n al t e r n a t i v e s an d in c o r p o r a t e re s o u r c e - an d en e r g y - e f f i c i e n t in f r a s t r u c t u r e . Co n s i s t e n t wi t h Co n d i t i o n Se e SU - 5 di s c u s s i o n ab o v e . SU - 7 . Ne w an d Ex i s t i n g Tr e e s . Co n s i s t e n t Pl a n t ne w an d re t a i n ex i s t i n g tr e e s to ma x i m i z e en e r g y Se e CD - 1 8 di s c u s s i o n ab o v e . | Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e #: 7. C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Ti t l e : Ex h i b i t : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 4 Ex h i b i t 5 TA B L E A N A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H S A N RA F A E L GE N E R A L PL A N 20 2 0 co n s e r v a t i o n an d ca r b o n se q u e s t r a t i o n be n e f i t s . A to t a l 13 ex i s t i n g tr e e s ar o u n d th e pe r i m e t e r of th e si t e wi l l re m a i n . Th e s e in c l u d e se v e n (7 ) Re d w o o d s tr e e s . A to t a l of 55 tr e e s ar e pr o p o s e d to be pl a n t e d , pr i m a r i l y Ca r o l i n a Ch e r r y (1 1 ) , Pa c i f i c Do g w o o d (( 1 0 ) an d Sw e e t Ba y (1 1) . SU - 1 0 . Ze r o Wa s t e . Re d u c e ma t e r i a l co n s u m p t i o n an d wa s t e ge n e r a t i o n , in c r e a s e re s o u r c e re - u s e an d co m p o s t i n g of or g a n i c wa s t e , an d re c y c l e to si g n i f i c a n t l y re d u c e an d ul t i m a t e l y el i m i n a t e la n d f i l l di s p o s a l . Co n s i s t e n t Th e pr o j e c t is pr o p o s i n g a co v e r e d an d sc r e e n e d tr a s h en c l o s u r e , th e de s i g n an d lo c a t i o n of wh i c h ha s be e n re v i e w e d an d ap p r o v e d by Ma r i n Sa n i t a r y Se r v i c e (M S S ) . Th e en c l o s u r e is de s i g n e d to ac c o m m o d a t e a 4- ya r d bi n fo r tr a s h an d a 2- y a r d bi n fo r ca r d b o a r d . It wi l l al s o in c l u d e a mi n i m u m of th r e e (3 ) ca r t s fo r gl a s s , ca r d b o a r d an d fo o d wa s t e s . Th e de v e l o p m e n t wi l l be a co n d o m i n i u m , an d th e HO A wi l l be ab l e to co o r d i n a t e wi t h MS S to de t e r m i n e th e ap p r o p r i a t e le v e l of se r v i c e fo r th e si t e , in c l u d i n g in c r e a s e s in th e nu m b e r of pi c k - u p s du r i n g th e we e k . CU L T U R E AN D AR T S EL E M E N T CA - 1 5 . Pr o t e c t i o n of Ar c h a e o l o g i c a l Re s o u r c e s . Re c o g n i z e th e im p o r t a n c e of pr o t e c t i n g si g n i f i c a n t ar c h a e o l o g i c a l re s o u r c e s by : e Id e n t i f y i n g , wh e n po s s i b l e , ar c h a e o l o g i c a l re s o u r c e s an d po t e n t i a l im p a c t s on su c h re s o u r c e s . e Pr o v i d i n g in f o r m a t i o n an d di r e c t i o n to pr o p e r t y ow n e r s in or d e r to ma k e th e m aw a r e of th e s e re s o u r c e s . e Im p l e m e n t i n g me a s u r e s to pr e s e r v e an d pr o t e c t ar c h a e o l o g i c a l re s o u r c e s . CA - 1 5 a . Ar c h e o l o g i c a l Re s o u r c e s Or d i n a n c e . Co n t i n u e to im p l e m e n t th e ex i s t i n g Ar c h e o l o g i c a l Re s o u r c e s Or d i n a n c e . Co n s i s t e n t wi t h Co n d i t i o n Se e In i t i a l St u d y / M i t i g a t i o n Ne g a t i v e De c l a r a t i o n Mi t i g a t i o n Mo n i t o r i n g Re p o r t i n g Pr o g r a m (C U L T - 1 an d CU L T - 2 ) , At t a c h m e n t A in Ex h i b i t 2. Th e pr o j e c t si t e co n s i s t s of tw o ad j a c e n t pa r c e l s th a t wi l l be me r g e d as pa r t of th e pr o p o s e d Te n t a t i v e Ma p cr e a t i n g th e co n d o m i n i u m s . AP N #1 7 9 - 0 4 1 - 2 7 is id e n t i f i e d as ha v i n g a “m e d i u m ” ar c h a e o l o g i c a l se n s i t i v i t y ra t i n g , an d AP N #1 7 9 - 0 4 1 - 2 8 is id e n t i f i e d as ha v i n g a “h i g h ” ar c h a e o l o g i c a l se n s i t i v i t y ra t i n g , pu r s u a n t to th e Ci t y ’ s ad o p t i v e Ci t y of Sa n Ra f a e l Ar c h a e o l o g i c a l Se n s i t i v i t y ma p . Th e s e Mi t i g a t i o n Me a s u r e s wi l l en s u r e th a t th e pr o j e c t id e n t i f y an y ar c h a e o l o g i c re s o u r c e s if pr e s e n t an d fo l l o w th e pr o t o c o l as li s t e d in CU L T - 1 an d CU L T - 2 . Pu r s u a n t to Pu b l i c Re s o u r c e s Co d e se c t i o n 21 0 8 0 . 3 . 1 . Th e Ci t y of Sa n Ra f a e l se n t a le t t e r to th e Gr a t o n Ra n c h e r i a of Fe d e r a t e d In d i a n s on No v e m b e r 21 , 20 1 8 to fo r m a l l y be g i n th e co n s u l t a t i o n pr o c e s s . Th e Tr i b e re s p o n d e d vi a le t t e r on De c e m b e r 28 , 20 1 9 re q u e s t i n g up d a t e d co n s u l t a t i o n . Sa n Ra f a e l st a f f re s p o n d e d on Ja n u a r y 29 , 20 1 9 wi t h cl a r i f y i n g in f o r m a t i o n an d re q u e s t e d th a t Gr a t o n Ra n c h e r i a of Fe d e r a t e d In d i a n s pr o v i d e ad d i t i o n a l in f o r m a t i o n if th e y wa n t e d to au g m e n t or ed i t th e Ci t y ’ s st a n d a r d mi t i g a t i o n me a s u r e s . Th e Tr i b e ha s no t re s p o n d e d wi t h su b s e q u e n t co m m e n t s . Mi t i g a t i o n Me a s u r e TR I B A L - 1 is in c l u d e d in th e IS / M N D Mi t i g a t i o n Mo n i t o r i n g Re p o r t i n g Pr o g r a m . PA R K AN D RE C R E A T I O N EL E M E N T PR - 1 0 . On s i t e Re c r e a t i o n Fa c i l i t i e s . Re q u i r e on s i t e Co n s i s t e n t Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : 7. C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 5 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 | re o r e a t i o n fa c i l i t i e s in ne w mu l t i f a m i l y re s i d e n t i a l pr o j e c t s an d en c o u r a g e co n s t r u c t i o n of on s i t e re c r e a t i o n fa c i l i t i e s in ex i s t i n g mu l t i f a m i l y re s i d e n t i a l pr o j e c t s , wh e r e ap p r o p r i a t e . Se e CD - 1 4 di s c u s s i o n ab o v e . Th e pr o j e c t wi l l pr o v i d e a 50 0 sq u a r e fo o t “c o m m u n i t y ro o m ” fo r th e re s i d e n t s wh i c h wi l l in c l u d e a ki t c h e n ar e a an d ba t h r o o m . Th e co m m u n i t y ro o m wi l l al s o ha v e sl i d i n g gl a s s do o r s th a t op e n on t o an ap p r o x i m a t e l y 50 0 sq u a r e fo o t pa t i o ar e a , wi t h pl a n t e r s se a t i n g , an d a BB Q ar e a . As a re s i d e n t i a l su b d i v i s i o n , th e Su b d i v i s i o n Or d i n a n c e re q u i r e s th a t th e pr o j e c t pa y (p r i o r to re c o r d a t i o n of fi n a l ma p , or bu i l d i n g pe r m i t , wh i c h e v e r oc c u r s fi r s t ) it ’ s fa i r sh a r e to w a r d s pa r k l a n d de d i c a t i o n s fe e s . Th i s fe e is ba s e d on th e cr e a t i o n of 45 ne w lo t s , an d is es t i m a t e d at $8 8 , 5 5 8 . 9 2 SA F E T Y EL E M E N T S- 1 . Lo c a t i o n of Fu t u r e De v e l o p m e n t . Pe r m i t de v e l o p m e n t on l y in th o s e ar e a s wh e r e po t e n t i a l da n g e r to th e he a l t h , sa f e t y an d we l f a r e of th e re s i d e n t s of th e co m m u n i t y ca n be ad e q u a t e l y mi t i g a t e d . Co n s i s t e n t Se e di s c u s s i o n un d e r S- 4 be l o w . A Pr e l i m i n a r y Ge o t e c h n i c a l Re p o r t fo r th e pr o j e c t wa s pr e p a r e d by EN G E O (N o v e m b e r 5, 20 1 8 ) . Th e re p o r t pr o v i d e d re c o m m e n d a t i o n s fo r li q u e f a c t i o n su s c e p t i b i l i t y , sl o p e se t b a c k , fo u n d a t i o n s , se i s m i c de s i g n , pa v e m e n t de s i g n , dr a i n a g e an d st o r m w a t e r re t e n t i o n ar e a s . No ev i d e n c e of Un d e r g r o u n d St o r a g e Ta n k s (U S T ’ s ) wa s fo u n d du r i n g su b s u r f a c e ex p l o r a t i o n . Th e re p o r t co n c l u d e d th a t th e pr o p o s e d de v e l o p m e n t wa s fe a s i b l e pr o v i d e d pr e l i m i n a r y re c o m m e n d a t i o n s in th e re p o r t an d fu t u r e de s i g n - l e v e l ge o t e c h n i c a l st u d i e s ar e in c o r p o r a t e d in t o th e de v e l o p m e n t du r i n g pr e p a r a t i o n of th e co n s t r u c t i o n pl a n s an d co n s t r u c t i o n of th e pr o j e c t . Th e Ci t y En g i n e e r re v i e w e d th e Ge o t e c h n i c a l re p o r t an d re c o m m e n d e d ap p r o v a l su b j e c t to co n d i t i o n s , wo u l d be in c o r p o r a t e d in t o co n d i t i o n s of ap p r o v a l . S- 3 . Us e of Ha z a r d Ma p s in De v e l o p m e n t Re v i e w . Re v i e w Sl o p e St a b i l i t y , Se i s m i c Ha z a r d , an d Fl o o d Ha z a r d Ma p s at th e ti m e a de v e l o p m e n t is pr o p o s e d . Un d e r t a k e ap p r o p r i a t e st u d i e s to as s u r e id e n t i f i c a t i o n an d im p l e m e n t a t i o n of mi t i g a t i o n me a s u r e s fo r id e n t i f i e d ha z a r d s . Co n s i s t e n t Se e di s c u s s i o n S- 1 ab o v e . S- 4 . Ge o t e c h n i c a l Re v i e w . Co n t i n u e to re q u i r e ge o t e c h n i c a l in v e s t i g a t i o n s fo r de v e l o p m e n t pr o p o s a l s as se t fo r t h in th e Ci t y ' s Ge o t e c h n i c a l Re v i e w Ma t r i x (A p p e n d i x F) . Su c h st u d i e s sh o u l d de t e r m i n e th e ac t u a l ex t e n t of ge o t e c h n i c a l ha z a r d s , op t i m u m de s i g n fo r st r u c t u r e s , th e ad v i s a b i l i t y of sp e c i a l st r u c t u r a l Co n s i s t e n t wi t h Co n d i t i o n s Se e di s c u s s i o n un d e r S- 1 ab o v e . Mi t i g a t i o n Me a s u r e s GE O - 1 , GE O - 2 , GE O - 3 , GE O - 4 an d HA Z - 2 ar e in c l u d e d in th e IS / M N D as Mi t i g a t i o n to re d u c e po t e n t i a l im p a c t s to a le s s - t h a n - s i g n i f i c a n t le v e l s . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 6 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H S A N RA F A E L GE N E R A L PL A N 20 2 0 | re q u i r e m e n t s , an d th e fe a s i b i l i t y an d de s i r a b i l i t y of a pr o p o s e d fa c i l i t y in a sp e c i f i e d lo c a t i o n . S- 6 . Se i s m i c Sa f e t y of Ne w Bu i l d i n g s . De s i g n an d co n s t r u c t al l ne w bu i l d i n g s to re s i s t st r e s s e s pr o d u c e d by ea r t h q u a k e s . Th e mi n i m u m le v e l of se i s m i c de s i g n sh a l l be in ac c o r d a n c e wi t h th e mo s t re c e n t l y ad o p t e d bu i l d i n g co d e as re q u i r e d by St a t e la w . Co n s i s t e n t wi t h Co n d i t i o n s Th e pr o j e c t wo u l d en t a i l al l ne w co n s t r u c t i o n an d wo u l d be bu i l t in ac c o r d a n c e wi t h th e mo s t cu r r e n t bu i l d i n g an d se i s m i c co d e s as re q u i r e d by th e Ci t y ” s Mu n i c i p a l Co d e . S- 1 8 St o r m Dr a i n a g e Im p r o v e m e n t s . Re q u i r e ne w de v e l o p m e n t to im p r o v e lo c a l st o r m dr a i n a g e fa c i l i t i e s to ac c o m m o d a t e si t e ru n o f f an t i c i p a t e d fr o m a “1 0 0 - y e a r ” st o r m . Co n s i s t e n t wi t h Co n d i t i o n s Th e pr o j e c t si t e co n t a i n s ex i s t i n g st o r m dr a i n sy s t e m s se r v i n g th e su r f a c e pa r k i n g lo t an d of f i c e bu i l d i n g ro o f ar e a s . Th e ne w de v e l o p m e n t wi l l re p l a c e an ex i s t i n g pa r k i n g lo t an d si m i l a r st r u c t u r e s on si t e bu t ad d mo r e la n d s c a p i n g . Th e pr o j e c t pr o p o s e s ne w st o r m . wa t e r ma n a g e m e n t in c l u d i n g ad d i n g ne w bi o - r e t e n t i o n ar e a s to co n t r o l st o r m w a t e r ru n o f f . As a re s u l t , th e r e wo u l d be a ne t de c r e a s e in th e im p e r v i o u s su r f a c e ar e a on si t e . Th e pr e l i m i n a r y st o r m w a t e r co n t r o l pl a n ha s be e n re v i e w e d an d re c o m m e n d e d fo r ap p r o v a l by th e Ci t y En g i n e e r . A fi n a l dr a i n a g e pl a n is re q u i r e d to be re v i e w e d an d ap p r o v e d by th e Ci t y En g i n e e r fo r co m p l i a n c e wi t h th e St o r m w a t e r Po l l u t i o n pr e v e n t i o n pr o g r a m (S W P P P ) . A Dr a i n a g e An a l y s i s wa s pr e p a r e d an d su b m i t t e d wi t h th e pr o j e c t ap p l i c a t i o n . Th i s Dr a i n a g e An a l y s i s ha s be e n re v i e w e d by th e Ci t y En g i n e e r wh i c h im p l e m e n t s th e St o r m w a t e r Po l l u t i o n Pr e v e n t i o n st a n d a r d s an d re g u l a t i o n s . As de s i g n e d , th e pr o p o s e d pr o j e c t in c l u d e s ad e q u a t e me a s u r e s to re d u c e st o r m w a t e r ru n - o f f co n s i s t e n t wi t h th e st a n d a r d s es t a b l i s h e d by th e RW Q C B . S- 2 5 . Re g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d (R W Q C B ) Re q u i r e m e n t s . Co n t i n u e to wo r k th r o u g h th e Ma r i n Co u n t y St o r m w a t e r Po l l u t i o n Pr e v e n t i o n Pr o g r a m to im p l e m e n t ap p r o p r i a t e Wa t e r s h e d Ma n a g e m e n t pl a n s as di c t a t e d in th e RW Q C B ge n e r a l Na t i o n a l Po l l u t a n t Di s c h a r g e El i m i n a t i o n Sy s t e m pe r m i t fo r Ma r i n Co u n t y an d th e lo c a l st o r m w a t e r pl a n . Co n s i s t e n t wi t h co n d i t i o n s Se e di s c u s s i o n S- 1 8 ab o v e S- 3 2 . Sa f e t y Re v i e w of De v e l o p m e n t Pr o j e c t s . Re q u i r e cr i m e pr e v e n t i o n an d fi r e pr e v e n t i o n te c h n i q u e s in ne w de v e l o p m e n t , in c l u d i n g ad e q u a t e ac c e s s fo r em e r g e n c y ve h i c l e s . | Co n s i s t e n t wi t h Co n d i t i o n s Th e Sa n Ra f a e l Fi r e De p a r t m e n t , Fi r e Pr e v e n t i o n Bu r e a u , an d th e Sa n Ra f a e l Po l i c e De p a r t m e n t ha v e bo t h re v i e w e d th e pr o j e c t pl a n s an d ei t h e r re q u i r e d re v i s i o n s to im p r o v e fi r e pr e v e n t i o n an d sa f e de s i g n , wh i c h ha v e be e n in c o r p o r a t e d in th e pr o j e c t pl a n s be i n g re v i e w e d by th e Co m m i s s i o n , or co n d i t i o n s ha v e be e n in c l u d e d to re q u i r e re v i s i o n s to im p r o v e fi r e pr e v e n t i o n an d sa f e de s i g n . _ | Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 7 Ex h i b i t 5 TA B L E A N A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H S A N RA F A E L GE N E R A L PL A N 20 2 0 = N O I S E EL E M E N T E N- 1 . No i s e Im p a c t s on Ne w De v e l o p m e n t . Pr o t e c t pe o p l e in ne w de v e l o p m e n t fr o m ex c e s s i v e no i s e by ap p l y i n g no i s e st a n d a r d s in la n d us e de c i s i o n s . Ap p l y th e La n d Us e Co m p a t i b i l i t y St a n d a r d s (s e e Ex h i b i t 31 ) to th e si t i n g of ne w us e s in ex i s t i n g no i s e en v i r o n m e n t s . Th e s e st a n d a r d s id e n t i f y th e ac c e p t a b i l i t y of a pr o j e c t ba s e d on no i s e ex p o s u r e . If a pr o j e c t ex c e e d s th e st a n d a r d s in Ex h i b i t 31 , an ac o u s t i c a l an a l y s i s sh a l l be re q u i r e d to id e n t i f y no i s e im p a c t s an d po t e n t i a l no i s e mi t i g a t i o n s . Mi t i g a t i o n sh o u l d in c l u d e th e re s e a r c h an d us e of st a t e - o f th e - a r t ab a t i n g ma t e r i a l s an d te c h n o l o g y . Co n s i s t e n t wi t h co n d i t i o n s Ba s e d on in f o r m a t i o n in th e Ac o u s t i c a l Re p o r t by Il l i n g w o r t h an d Ro d k i n , th e IS / M N D an a l y s i s in d i c a t e d th a t Bu i l d i n g 2 th r o u g h Bu i l d i n g 7 wo u l d al s o ex c e e d th e 4 5 dB A Ld n th r e s h o l d wi t h wi n d o w s pa r t i a l l y op e n . Wi t h st a n d a r d co n s t r u c t i o n an d fo r c e d - a i r ve n t i l a t i o n , al l o w i n g oc c u p a n t s th e op t i o n of ke e p i n g wi n d o w s cl o s e d to co n t r o l no i s e , Bu i l d i n g s 1, 2, 8, an d 9 wo u l d ac h i e v e th e 40 dB A Ld n an d 45 dB A Ld n th r e s h o l d s . Th e ea s t fa c a d e s or bu i l d i n g s 3, 4, 5, an d 6, fa c i n g US - 1 0 1 , wo u l d be ex p o s e d to 70 dB A Ld n . Th e ea s t fa c a d e of Bu i l d i n g s 2 an d 7 wo u l d be pa r t i a l l y sh i e l d e d by th e bu i l d i n g s to th e ea s t an d wo u l d be ex p o s e d to 67 dB A Ld n . Th e we s t fa c a d e of Bu i l d i n g s 1 an d 9 wo u l d be ex p o s e d to tr a f f i c no i s e fr o m ap p r o v a l in c l u d i n g pr o v i d i n g su i t a b l e fo r m or fo r c e d - a i r me c h a n i c a l ve n t i l a t i o n , an d so u n d ra t e d co n s t r u c t i o n fo r Bu i l d i n g 3 th r o u g h Bu i l d i n g 7 to ma i n t a i n in t e r i o r no i s e le v e l s at ac c e p t a b l e le v e l s . Th e s co n d i t i o n s ar e li s t e d as CO A #2 5 in th e de s i g n re v i e w Pe r m i t (E D 1 8- 1 0 0 ) . In ad d i t i o n , Mi t i g a t i o n Me a s u r e NO I S E - 1 is in c l u d e d in th e IS / M N D to ed u c e an y te m p o r a r y im p a c t s du e to co n s t r u c t i o n no i s e to a le s s - t h a n - s i g n i f i c a n t le v e l . | N- 2 . Ex t e r i o r No i s e St a n d a r d s fo r Re s i d e n t i a l U s e Ar e a s . Th e ex t e r i o r no i s e st a n d a r d fo r ba c k y a r d s a n d / o r co m m o n us a b l e ou t d o o r ar e a s in ne w re s i d e n t i a l de v e l o p m e n t is up to Ld n of 60 dB . In co m m o n us a b l e o u t d o o r ar e a s in Do w n t o w n , m i x e d - u s e r e s i d e n t i a l , an d h i g h de n s i t y re s i d e n t i a l di s t r i c t s , up to Ld n of 65 dB ma y be al l o w e d if de t e r m i n e d ac c e p t a b l e th r o u g h de v e l o p m e n t re v i e w . Co n s i s t e n t wi t h co n d i t i o n s Se e di s c u s s i o n N - 1 ab o v e N - 3 . Pl a n n i n g an d De s i g n of Ne w De v e l o p m e n t . En c o u r a g e ne w de v e l o p m e n t to be pl a n n e d an d de s i g n e d to mi n i m i z e no i s e im p a c t s fr o m ou t s i d e no i s e so u r c e s . Se e di s c u s s i o n N- 1 ab o v e Co n s i s t e n t wi t h co n d i t i o n s | N- 5 . Tr a f f i c No i s e fr o m Ne w De v e l o p m e n t . Mi n i m i z e no i s e im p a c t s of in c r e a s e d of f - s i t e tr a f f i c ca u s e d b y ne w de v e l o p m e n t . W h e r e th e e x t e r i o r La n is 65 dB or gr e a t e r at a re s i d e n t i a l bu i l d i n g or ou t d o o r us e ar e a an d a pl a n , pr o g r a m , or pr o j e c t in c r e a s e s tr a f f i c no i s e le v e l s b y mo r e Co n s i s t e n t wi t h Co n d i t i o n s An Ac o u s t i c a l As s e s s m e n t wa s pr e p a r e d an d su b m i t t e d wi t h th e pr o j e c t ap p l i c a t i o n . Th e IS / M N D fo r th e pr o j e c t de t e r m i n e d th e ex i s t i n g su r r o u n d i n g tr a f f i c an d co n s t r u c t i o n no i s e im p a c t s wo u l d re s u l t in a le s s - th a n - s i g n i f i c a n t im p a c t wi t h mi t i g a t i o n me a s u r e s . Th e s e mi t i g a t i o n me a s u r e s ha v e be e n in c l u d e d as NO I S E - 1 in th e Mi t i g a t i o n Mo n i t o r i n g an d Re p o r t i n g Pr o g r a m (M M R P ) . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8- 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 8 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H S A N RA F A E L GE N E R A L PL A N 20 2 0 | th a n Ju d a 3 dB , re a s o n a b l e no i s e mi t i g a t i o n me a s u r e s sh a l l be in c l u d e d in th e pl a n , pr o g r a m or pr o j e c t . CO N S E R V A T I O N EL E M E N T CO N - 6 . Cr e e k an d Dr a i n a g e w a y Se t b a c k s . Re q u i r e de v e l o p m e n t - f r e e se t b a c k s , ex c e p t fo r sp e c i f i c ac c e s s po i n t s as ap p r o v e d pe r po l i c y CO N - 7 (P u b l i c Ac c e s s to Cr e e k s ) , fr o m ex i s t i n g cr e e k s an d dr a i n a g e w a y s th a t wi l l ma i n t a i n th e fu n c t i o n s an d re s u l t i n g va l u e s of th e s e ha b i t a t s . Ap p r o p r i a t e er o s i o n co n t r o l an d ro a d w a y cr o s s i n g s ma y en c r o a c h in t o th e de v e l o p m e n t se t b a c k . In th e ab s e n c e of ve g e t a t i o n , pr o m o t e ne w gr o w t h of na t u r a l ha b i t a t . a. Cr e e k Se t b a c k . Ma i n t a i n a mi n i m u m 25 - f o o t de v e l o p m e n t - f r e e se t b a c k fr o m th e to p of cr e e k ba n k s fo r al l ne w de v e l o p m e n t (i n c l u d i n g , bu t no t li m i t e d to , pa v i n g an d st r u c t u r e s ) , ex c e p t fo r Mi l l e r Cr e e k an d it s tr i b u t a r i e s , wh e r e a mi n i m u m 50 - f o o t se t b a c k sh a l l be ma i n t a i n e d . Se t b a c k s up to 10 0 fe e t ma y be re q u i r e d on lo t s or de v e l o p m e n t pr o j e c t s tw o or mo r e ac r e s in si z e wh e r e de v e l o p m e n t re v i e w de t e r m i n e s a wi d e r se t b a c k is ne e d e d to ma i n t a i n fu n c t i o n s an d re s u l t i n g ha b i t a t va l u e s an d in ar e a s wh e r e hi g h qu a l i t y ri p a r i a n ha b i t a t ex i s t s . Th e Ci t y ma y wa i v e th i s re q u i r e m e n t fo r mi n o r en c r o a c h m e n t s if it ca n be de m o n s t r a t e d th a t th e pr o p o s e d se t b a c k ad e q u a t e l y pr o t e c t s th e fu n c t i o n s of th e cr e e k to th e ma x i m u m ex t e n t fe a s i b l e an d re s u l t i n g va l u e s to th e sa t i s f a c t i o n of th e Ci t y af t e r re v i e w by th e ap p r o p r i a t e re g u l a t o r y ag e n c i e s . Dr a i n a g e w a y Se t b a c k s . Dr a i n a g e w a y se t b a c k s sh a l l be es t a b l i s h e d th r o u g h in d i v i d u a l de v e l o p m e n t re v i e w , ta k i n g in t o ac c o u n t ex i s t i n g ha b i t a t fu n c t i o n s an d re s u l t i n g va l u e s . Co n s i s t e n t wi t h co n d i t i o n s Th e no r t h e r n po r t i o n of th e pr o j e c t si t e al s o in c l u d e s a po r t i o n of La s Ga l l i n a s Cr e e k , ru n n i n g ea s t to we s t ac r o s s th e pr o j e c t si t e . La s Ga l l i n a s Cr e e k is id e n t i f i e d as a bl u e - l i n e cr e e k , an d SR M C Se c t i o n 14 . 1 6 . 0 8 0 re q u i r e s a tw e n t y - f i v e fo o t (2 5 ” ) or gr e a t e r se t b a c k be t w e e n an y st r u c t u r e an d th e hi g h to p of th e cr e e k ba n k . Th r e e (3 ) of th e pr o p o s e d 9 (n i n e ) bu i l d i n g s ar e lo c a t e d ne a r th e ex i s t i n g cr e e k on th e no r t h si d e of th e pr o p e r t y . No n e of th e bu i l d i n g s wo u l d en c r o a c h in t o th e 25 ’ cr e e k se t b a c k . Th e pr o j e c t is pr o p o s i n g to cr e a t e a “D u a l Pu r p o s e Cr e e k Pr o m e n a d e ” wh i c h wo u l d be de s i g n e d to al l o w bo t h pr o v i d e pe d e s t r i a n ac c e s s an d a 10 ° wi d e de d i c a t e d ma i n t e n a n c e ea s e m e n t al o n g th e so u t h si d e of th e cr e e k . Th e s e im p r o v e m e n t s wo u l d en c r o a c h in t o th e 25 ’ cr e e k se t b a c k . Ho w e v e r , SR M C Se c t i o n 14 . 1 6 . 0 8 0 . D (C r e e k s an d Ot h e r Wa t e r c o u r s e s ) sp e c i f i c a l l y st a t e s th a t “P e d e s t r i a n an d bi c y c l e ac c e s s is en c o u r a g e d al o n g cr e e k an d dr a i n a g e w a y co r r i d o r s wh e r e fe a s i b l e . Ho w e v e r , th e y sh o u l d be de s i g n e d an d lo c a t e d so as no t to ad v e r s e l y af f e c t im p o r t a n t ha b i t a t ar e a s . Cr e e k s an d dr a i n a g e w a y s sh o u l d al s o be en h a n c e d wh e r e fe a s i b l e to se r v e as wi l d l i f e ha b i t a t as we l l as dr a i n a g e fa c i l i t i e s ” . In te r m s of “e n c r o a c h m e n t s ” , th e pr o j e c t pr o p o s e s to in c l u d e ne w la n d s c a p i n g , re m o v a b l e be n c h e s , fe n c i n g , an d ac t i v e ch i l d r e n pl a y ar e a s th a t wi l l se r v e to en h a n c e th e cr e e k s i d e ar e a . Th e fe n c i n g wo u l d be re m o v a b l e so th a t ve h i c l e s ca n ac c e s s a 10 ’ wi d e pe r m e a b l e pa v e r pa t h w a y . Re i n f o r c e d co n c r e t e pa d s wo u l d be in s t a l l e d on Pr i v a t e Al l e y 1 an d Pr i v a t e St r e e t A to su p p o r t th e we i g h t of a cr a n e if ne c e s s a r y fo r tr e e re m o v a l in th e ev e n t of st o r m da m a g e . Th e cr e e k an d fr e e w a y dr a i n a g e w a y to th e ea s t wo u l d be pr o t e c t e d fr o m mi g r a t i o n of de b r i s fr o m mi s c e l l a n e o u s ob j e c t s by a co n t i n u o u s me s h fe n c e al o n g th e to p of th e ba n k . Th e pr o p o s e d im p r o v e m e n t s ha v e be e n re v i e w e d an d co l l e c t i v e su p p o r t e d by Pl a n n i n g st a f f an d DP W . Th e ap p l i c a n t ha s al s o pr e s e n t e d th e pr o j e c t to th e Co u n t y at th e i r Ma r i n Pr o j e c t Co o r d i n a t i o n Me e t i n g (M P C ) . Th i s is a mo n t h l y me e t i n g ho s t e d by th e Ma r i n Co u n t y St o r m w a t e r Po l l u t i o n Pr e v e n t i o n Pr o g r a m (M C S T O P P P ) to re v i e w an d gu i d e pr o j e c t s th r o u g h th e en v i r o n m e n t a l an d re g u l a t o r y pr o c e s s . Th e pr o p o s e d pr o j e c t re c e i v e d in p u t fr o m st a f f re p r e s e n t i n g th e Ar m y Co r p s of En g i n e e r s , Re g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d , Ca l i f o r n i a De p a r t m e n t of Fi s h an d Wi l d l i f e , NO A A Fi s h e r i e s an d Ma r i n Co u n t y Fl o o d Co n t r o l Di s t r i c t . Th e pr o p o s e d cr e e k pr o m e n a d e fe a t u r e s we r e re - d e s i g n e d ba s e d on in p u t fr o m th e s e ag e n c i e s . Th e me e t i n g is in f o r m a l an d is me a n t to pr o v i d e gu i d a n c e an d fe e d b a c k on l y . Fo r m a l co m m e n t s an d in p u t fo r pr o j e c t s is pr o v i d e d on c e a pe r m i t ap p l i c a t i o n is su b m i t t e d (i f re q u i r e d ) . Ba s e d on th e de s i g n as pr e s e n t e d , st a f f ha s de t e r m i n e d th a t th e pr o p o s e d de v e l o p m e n t wo u l d be co n d i t i o n a l l y co n s i s t e n t wi t h Ge n e r a l Pl a n 20 2 0 CO N - 6 . | Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : ZE l 9- 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9- 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 1 9 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 一 CO N - 7 . Pu b l i c Ac c e s s to Cr e e k s . Pr o v i d e pe d e s t r i a n ac c e s s to po i n t s al o n g cr e e k s th r o u g h o u t th e Ci t y wh e r e su c h ac c e s s wi l l no t ad v e r s e l y af f e c t ha b i t a t va l u e s . Co n s i s t e n t Se e CO N - 6 di s c u s s i o n ab o v e . CO N - 8 . En h a n c e m e n t of Cr e e k s an d Dr a i n a g e w a y s . Ex p l o r e en h a n c e m e n t of , an d su p p o r t co n t i n u o u s up g r a d e s to , dr a i n a g e w a y s to se r v e as wi l d l i f e ha b i t a t co r r i d o r s fo r wi l d l i f e mo v e m e n t an d to se r v e as fl o o d co n t r o l fa c i l i t i e s to ac c o m m o d a t e st o r m dr a i n a g e . Re q u i r e cr e e k en h a n c e m e n t an d as s o c i a t e d ri p a r i a n ha b i t a t re s t o r a t i o n / c r e a t i o n fo r pr o j e c t s ad j a c e n t to cr e e k s to ma i n t a i n st o r m fl o w s , re d u c e er o s i o n an d ma i n t e n a n c e an d im p r o v e ha b i t a t va l u e s , wh e r e fe a s i b l e . Co n s i s t e n t Th e pr o p o s e d pr o j e c t is co n s i s t e n t in th a t it wo u l d : 1) ma i n t a i n se t b a c k s fr o m th e cr e e k an d pr o v i d e cr e e k 2) no t im p a c t a wi l d l i f e co r r i d o r si n c e en h a n c e m e n t s wi t h ad d e d la n d s c a p i n g an d pe d e s t r i a n ac c e s s po i n t ; th e si t e is cu r r e n t l y de v e l o p e d an d bi o l o g i c a l as s e s s m e n t s su b m i t t e d by WR A Co n s u l t a n t s fo u n d no su c h co r r i d o r s ; 3) no t im p a c t an y se n s i t i v e or th r e a t e n e d / e n d a n g e r e d sp e c i e s or ha b i t a t s ; 4) ha s be e n co n d i t i o n e d to en s u r e th a t di s t u r b a n c e to an y po t e n t i a l ne s t i n g bi r d s be av o i d e d du r i n g co n s t r u c t i o n ; 5) pr o v i d e ne w tr e e s an d sh r u b s th r o u g h o u t th e si t e , as we l l as bi o - r e t e n t i o n ar e a s to fa c i l i t a t e pr o p e r si t e dr a i n a g e ; an d 6) Th e pr o j e c t wo u l d pr o v i d e up g r a d e d ac c e s s to th e cr e e k fo r em e r g e n c y ve h i c l e s . CO N - 9 . Na t i v e an d / o r Se n s i t i v e Ha b i t a t s . Pr o t e c t ha b i t a t s th a t ar e se n s i t i v e , ra r e , de c l i n i n g , un i q u e or re p r e s e n t a va l u a b l e bi o l o g i c a l re s o u r c e . Co n s i s t e n t wi t h co n d i t i o n s Se e di s c u s s i o n CO N - 8 ab o v e . Th e IS / M N D in c l u d e s Mi t i g a t i o n Me a s u r e BI O - 1 to en s u r e an y po t e n t i a l im p a c t s to ne s t i n g bi r d s or ba t s an d re d u c e s to a le s s - t h a n - s i g n i f i c a n t le v e l . CO N - 1 4 . Sp e c i a l St a t u s Sp e c i e s . Pr e s e r v e an d pr o t e c t sp e c i a l st a t u s pl a n t s an d an i m a l s , in c l u d i n g ca n d i d a t e sp e c i e s fo r li s t i n g un d e r th e st a t e an d fe d e r a l en d a n g e r e d sp e c i e s ac t s , Ca l i f o r n i a sp e c i e s of sp e c i a l co n c e r n , Ca l i f o r n i a Na t i v e Pl a n t So c i e t y Li s t 1B pl a n t s , an d ot h e r sp e c i e s pr o t e c t e d un d e r pr o v i s i o n s of Ca l i f o r n i a Fi s h an d Ga m e Co d e . Co n s i s t e n t Se e di s c u s s i o n CO N - 8 ab o v e . CO N - 1 6 . La n d s c a p e wi t h Na t i v e Pl a n t Sp e c i e s . En c o u r a g e la n d s c a p i n g wi t h na t i v e an d co m p a t i b l e no n - na t i v e pl a n t sp e c i e s , es p e c i a l l y dr o u g h t - r e s i s t a n t sp e c i e s . Co n s i s t e n t Th e pr o p o s e d la n d s c a p e pl a n t i n g sp e c i e s we r e re v i e w e d by th e De s i g n Re v i e w Bo a r d to en s u r e ap p r o p r i a t e Ag e n c i e s pa r t i c i p a t i n g in th e Ma r i n Pr o j e c t Co o r d i n a t i n g sp e c i e s we r e pr o p o s e d . In ad d i t i o n , ap p r o p r i a t e Pr o g r a m Me e t i n g ha v e pr o v i d e d re c o m m e n d a t i o n fo r pl a n t i n g ne a r th e to p of th e cr e e k ba n k . AI R AN D WA T E R QU A L I T Y EL E M E N T b e a Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 19 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 2 0 Fi l e #: Ti t l e : Ex h i b i t : Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 AW - 1 . St a t e an d Fe d e r a l St a n d a r d s . Co n t i n u e to co m p l y an d st r i v e to ex c e e d st a t e an d fe d e r a l st a n d a r d s fo r ai r qu a l i t y fo r th e be n e f i t of th e Ba y Ar e a . Co n s i s t e n t wi t h Co n d i t i o n Th e IS / M N D fo r th e pr o j e c t de t e r m i n e d Ai r Qu a l i t y im p a c t s du r i n g te m p o r a r y co n s t r u c t i o n an d gr a d i n g ac t i v i t i e s re q u i r e d by th e pr o j e c t wo u l d re s u l t in a le s s - t h a n - s i g n i f i c a n t im p a c t wi t h mi t i g a t i o n me a s u r e s . Th e re q u i r e d Ai r Qu a l i t y mi t i g a t i o n me a s u r e s (A Q - 1 , AQ - 1 a an d AQ - 2 ) ar e li s t e d in th e IS / M N D Mi t i g a t i o n Mo n i t o r i n g an d Re p o r t i n g Pr o g r a m (s e e Ex h i b i t 2) . AW - 2 . La n d Us e Co m p a t i b i l i t y . To en s u r e ex c e l l e n t ai r qu a l i t y , pr o m o t e la n d us e co m p a t i b i l i t y fo r ne w de v e l o p m e n t by us i n g bu f f e r i n g te c h n i q u e s su c h as la n d s c a p i n g , se t b a c k s , an d sc r e e n i n g in ar e a s wh e r e di f f e r e n t la n d us e s ab u t on e an o t h e r . Co n s i s t e n t wi t h co n d i t i o n s Se e AW - 1 di s c u s s i o n ab o v e . Th e pr o j e c t wi l l co m p l y wi t h al l HR 1 de v e l o p m e n t se t b a c k st a n d a r d s fo r fr o n t , si d e an d re a r ya r d se t b a c k s . Ho w e v e r , th e si t e is lo c a t e d wi t h i n 37 5 fe e t of t h e SM A R T ra i l r o a d li n e . Th e IS / M N D ha d de t e r m i n e d th a t th e ai r qu a l i t y at th i s di s t a n c e fr o m th e SM A R T tr a i n tr a c k s wo u l d no t ex c e e d BA A Q M D si g n i f i c a n c e th r e s h o l d s . Th e pr o j e c t si t e th e si t e is lo c a t e d ap p r o x i m a t e l y 10 0 fe e t we s t of Hw y 10 1 . Th e IS / M N D ha s in d i c a t e d th a t th e pr o p o s e d re s i d e n t i a l us e wo u l d ex p o s e po t e n t i a l “s e n s i t i v e re c e p t o r s ” to To x i c Ai r Co n t a m i n a n t s (T A C ’ s ) at a le v e l th a t wo u l d be a po t e n t i a l l y si g n i f i c a n t im p a c t . Se n s i t i v e re c e p t o r s ar e de f i n e d by BA A Q M D as ch i l d r e n , th e el d e r l y , th e ac u t e l y il l an d th e ch r o n i c a l l y il l . It es s e n t i a l l y ca n al s o be ap p l i e d to an y re s i d e n t i a l de v e l o p m e n t as we l l . Th e IS / M N D de t e r m i n e d th a t th e “c u m u l a t i v e co m m u n i t y ri s k ” at th e pr o j e c t si t e fr o m th e SM A R T tr a i n an d th e co m b i n e d TA C an d pa r t i c u l a t e ma t t e r (P M 2. 5 so u r c e s ) wo u l d no t ex c e e d BA A Q M D ri s k le v e l s . Im p l e m e n t a t i o n of Mi t i g a t i o n Me a s u r e AQ - 2 wo u l d re d u c e th e ri s k to a le s s - t h a n - s i g n i f i c a n t le v e l . AW - 4 . Pa r t i c u l a t e Ma t t e r Po l l u t i o n Re d u c t i o n . Pr o m o t e th e re d u c t i o n of pa r t i c u l a t e ma t t e r po l l u t i o n fr o m ro a d s , pa r k i n g lo t s , co n s t r u c t i o n si t e s , ag r i c u l t u r a l la n d s an d ot h e r ac t i v i t i e s . Co n s i s t e n t Se e di s c u s s i o n AW - 1 ab o v e . AW - 7 . Lo c a l , St a t e an d Fe d e r a l St a n d a r d s . Co n t i n u e to co m p l y wi t h lo c a l , st a t e an d fe d e r a l st a n d a r d s fo r wa t e r qu a l i t y . Co n s i s t e n t Th e pr o j e c t wo u l d be re q u i r e d to co m p l y wi t h th e Ci t y ’ s St o r m w a t e r Po l l u t i o n Pr e v e n t i o n st a n d a r d s wh i c h ar e de r i v e d fr o m th e Re g i o n a l Wa t e r Qu a l i t y Bo a r d . Th e dr a i n a g e pl a n is de s i g n e d to be co n s i s t e n t wi t h th e st o r m w a t e r po l l u t i o n st a n d a r d s by tr e a t i n g ro o f ra i n w a t e r ru n o f f on - s i t e in la n d s c a p e bi o s w a l e fi l t r a t i o n ar e a s , lo c a t e d th r o u g h th e pr o j e c t , be f o r e it en t e r s in t o th e Ci t y ’ s st o r m dr a i n sy s t e m . AW - 8 . Re d u c e Po l l u t i o n fr o m Ur b a n Ru n o f f . Ad d r e s s no n - p o i n t so u r c e po l l u t i o n an d pr o t e c t re c e i v i n g wa t e r s fr o m po l l u t a n t s di s c h a r g e d to th e st o r m dr a i n sy s t e m by Co n s i s t e n t Se e AW - 7 di s c u s s i o n ab o v e . Fu r t h e r m o r e , a st a n d a r d co n d i t i o n of ap p r o v a l ha s be e n in c l u d e d re q u i r i n g th e pr o j e c t im p l e m e n t a st o r m wa t e r po l l u t i o n an d pr e v e n t i o n pl a n (S W P P P ) an d Be s t Ma n a g e m e n t Pr a c t i c e s Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: Ti t l e : Ex h i b i t : 7C 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 19 - 0 3 9 Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e 5- 2 1 Ex h i b i t 5 TA B L E AN A L Y Z I N G PR O J E C T CO N S I S T E N C Y WI T H SA N RA F A E L GE N E R A L PL A N 20 2 0 re q u i r i n g Be s t Ma n a g e m e n t Pr a c t i c e s qu a l i t y . Su p p o r t al t e r n a t i v e s to im p e r v i o u s su r f a c e s in ne w de v e l o p m e n t , re d e v e l o p m e n t or pu b l i c im p r o v e m e n t pr o j e c t s to re d u c e ur b a n ru n o f f in t o st o r m dr a i n sy s t e m , cr e e k s an d th e Ba y . Re q u i r e th a t si t e de s i g n s wo r k wi t h th e na t u r a l to p o g r a p h y an d dr a i n a g e s to th e ex t e n t pr a c t i c a b l e to re d u c e th e am o u n t of gr a d i n g ne c e s s a r y an d li m i t di s t u r b a n c e to na t u r a l wa t e r bo d i e s an d na t u r a l dr a i n a g e sy s t e m s . Wh e r e fe a s i b l e , us e ve g e t a t i o n to ab s o r b an d fi l t e r fe r t i l i z e r s , pe s t i c i d e s an d ot h e r po l l u t a n t s . to mi n i m i z e im p a c t s on wa t e r qu a l i t y an d no n - p o i n t so u r c e po l l u t i o n di s c h a r g e in t o th e st o r m wa t e r sy s t e m . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd . / 3 8 3 3 Re d w o o d Hi g h w a y Fi l e #: ZC 1 9 - 0 0 2 / E D 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 9 - 0 3 9 Ti t l e : Ge n e r a l Pl a n 20 2 0 Co n s i s t e n c y Ta b l e Ex h i b i t : 5- 2 2 Ex h i b i t 6 TA B L E AN A L Y Z I N G PR O J E C T CO M P L I A N C E WI T H SA N RA F A E L ZO N I N G OR D I N A N C E (T I T L E 14 ) CH A P T E R 14 . 0 7 - PL A N N E D DE V E L O P M E N T (P D ) 14 . 0 7 . 0 1 0 - Sp e c i f i c Pu r p o s e s . Th e sp e c i f i c pu r p o s e s of th e pl a n n e d de v e l o p m e n t (P D ) di s t r i c t ar e to : A. Pr o m o t e an d en c o u r a g e cl u s t e r de v e l o p m e n t on la r g e si t e s to av o i d se n s i t i v e ar e a s of pr o p e r t y ; B. En c o u r a g e in n o v a t i v e de s i g n on la r g e si t e s by al l o w i n g fl e x i b i l i t y in pr o p e r t y de v e l o p m e n t st a n d a r d s ; C. En c o u r a g e th e es t a b l i s h m e n t of op e n ar e a s in la n d de v e l o p m e n t ; D. En c o u r a g e th e as s e m b l y of pr o p e r t i e s th a t mi g h t ot h e r w i s e be de v e l o p e d in un r e l a t e d in c r e m e n t s to th e de t r i m e n t of su r r o u n d i n g ne i g h b o r h o o d s ; E. Es t a b l i s h a pr o c e d u r e fo r th e de v e l o p m e n t of la r g e lo t s of la n d in or d e r to re d u c e or el i m i n a t e th e ri g i d i t y , de l a y s an d co n f l i c t s th a t ot h e r w i s e wo u l d re s u l t fr o m ap p l i c a t i o n of zo n i n g st a n d a r d s an d pr o c e d u r e s de s i g n e d pr i m a r i l y fo r sm a l l lo t s ; ' F. Ac c o m m o d a t e va r i o u s ty p e s of la r g e - s c a l e , co m p l e x , mi x e d - u s e , ph a s e d de v e l o p m e n t s ; G. En a b l e af f e c t e d go v e r n m e n t a l bo d i e s to re c e i v e in f o r m a t i o n an d pr o v i d e an in t e g r a t e d re s p o n s e to bo t h th e im m e d i a t e an d lo n g - r a n g e im p a c t s of su c h pr o p o s e d de v e l o p m e n t s . Co n s i s t e n t Th e pr o p e r t y is be i n g re z o n e d to a ne w PD in or d e r to ac c o m m o d a t e th e pr o p o s e d re s i d e n t i a l us e on si t e . Th e pr o j e c t pr o p o s e s to de m o l i s h th e ex i s t i n g si n g l e - s t o r y cl a s s r o o m bu i l d i n g s on si t e an d co n s t r u c t ni n e (9 ) th r e e - s t o r y re s i d e n t i a l bu i l d i n g s wi t h a to t a l of 45 re s i d e n t i a l un i t s an d 94 on - s i t e pa r k i n g sp a c e s . Th e pr o j e c t is pr o p o s i n g to be a “p h a s e d ” de v e l o p m e n t , wi t h “p r e - p h a s e ” on an d of f si t e im p r o v e m e n t s te n t a t i v e l y co m m e n c i n g in th e Sp r i n g of 20 2 0 , an d Ph a s e 1 (B u i l d i n g s 1- 4 on th e no r t h po r t i o n of th e pr o p e r t y ) co m m e n c i n g in th e Su m m e r of 20 2 0 . Th e pr o j e c t de s c r i p t i o n (P a g e 14 ) in d i c a t e s th a t fi n a l co n s t r u c t i o n of Bu i l d i n g s 5- 9 wo u l d be co m p l e t e d by th e Su m m e r of 20 2 2 . Th e Ma s t e r Us e Pe r m i t (U P 18 - 0 3 9 ) co n t a i n s co n d i t i o n s of ap p r o v a l fo r th e ph a s i n g ti m e l i n e s . Th e pr o j e c t si t e al s o in c l u d e s th e La s Ga l l i n a s Cr e e k on th e no r t h (w i t h i n th e pr o p e r t y ) an d is su b j e c t to a 25 ” cr e e k se t b a c k re g u l a t i o n . Th e pr o j e c t pr o p o s e s en h a n c e m e n t s to th e cr e e k , pr o v i d i n g a “d u a l us e ” cr e e k pr o m e n a d e th a t wo u l d pr o v i d e la n d s c a p i n g an d ne w re c r e a t i o n a l am e n i t i e s fo r re s i d e n t s an d th e pu b l i c , as we l l as a 15 ” ro a d w a y fo r ma i n t e n a n c e ac c e s s . Th e pr o j e c t pr o p o s e s co m m o n ou t d o o r “n a s e o s ” wi t h i n th e pr o j e c t si t e as pe d e s t r i a n wa l k w a y s co n n e c t i n g to th e cr e e k , as we l l as in d i v i d u a l pr i v a t e ba l c o n i e s as am e n i t i e s fo r ea c h bu i l d i n g . Th e r e is al s o a 50 0 sf “c o m m u n i t y ro o m ’ an d 50 0 sf ou t s i d e pa t i o wi t h BB Q eq u i p m e n t . A Dr a f t In i t i a l St u d y / M i t i g a t e d Ne g a t i v e De c l a r a t i o n wa s pr e p a r e d fo r th e pr o p o s e d de v e l o p m e n t an d ci r c u l a t e d to th e pu b l i c as we l l as go v e r n m e n t a l ag e n c i e s fo r re v i e w wi t h i n th e re q u i r e d 30 - d a y pu b l i c re v i e w pe r i o d . 14 . 0 7 . 0 2 0 - La n d Us e Re g u l a t i o n s (P D ) A. No us e ot h e r th a n an ex i s t i n g us e or a te m p o r a r y us e ap p r o v e d pu r s u a n t to se c t i o n D, be l o w , sh a l l be pe r m i t t e d in a PD di s t r i c t ex c e p t in ac c o r d wi t h a va l i d de v e l o p m e n t pl a n . An y pe r m i t t e d or co n d i t i o n a l us e au t h o r i z e d by th i s ti t l e ma y be in c l u d e d in an ap p r o v e d de v e l o p m e n t pl a n , co n s i s t e n t wi t h th e ge n e r a l pl a n la n d us e de s i g n a t i o n ( s ) an d in t e n s i t i e s fo r Co n s i s t e n t Th e pr o j e c t pr o p o s e s to re d e v e l o p th e pr o j e c t si t e wi t h 45 fo r - s a l e to w n h o m e un i t s . Th e pr o j e c t si t e is cu r r e n t l y zo n e d PD ( 1 5 9 4 ) , wh i c h do e s no t al l o w re s i d e n t i a l us e s . Th e r e f o r e , bo t h pa r c e l s wo u l d ha v e to be re z o n e d to ac c o m m o d a t e th e pr o p o s e d pr o j e c t . Wh e n a PD zo n i n g do e s no t al l o w fo r a pr o p o s e d de v e l o p m e n t , th e ap p l i c a n t ne e d s to ei t h e r : 1) aa d | a Re z o n i n g to a st a n d a r d (c o n v e n t i o n a l zo n i n g di s t r i c t , su c h as Hi g h De n s i t y Re s i d e n t i a l ) Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 1 EX H I B I T 6 Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N R A F A E L ZO N I N G OR D I N A N C E ( T I T L E 14 ) la n d wi t h i n th e PD di s t r i c t . Th e PD zo n i n g ap p r o v a l sh a l l es t a b l i s h th e or 2) am e n d th e PD to a ne w PD Di s t r i c t , wi t h ap p r o p r i a t e st a n d a r d s se t fo r t h sp e c i f i c a l l y | ra n g e of al l o w a b l e la n d us e s fo r th e de v e l o p m e n t . to sp e c i f i c a l l y al l o w re s i d e n t i a l us e . B. A ma s t e r us e pe r m i t or in d i v i d u a l us e pe r m i t s ma y be re q u i r e d to Pu r s u a n t to Zo n i n g Or d i n a n c e 14 . 0 7 . 0 3 5 : “t h e Co m m u n i t y De v e l o p m e n t Di r e c t o r sh a l l es t a b l i s h s p e c i f i c us e s on th e pr o p e r t y co n s i s t e n t wi t h ge n e r a l pl a n la n d de t e r m i n e ba s e d on de v e l o p m e n t ch a r a c t e r i s t i c s , us e an d de n s i t y , an d th e co n t i g u o u s us e s an d pa r k i n g st a n d a r d s . A ma s t e r us e pe r m i t sh a l l be re q u i r e d fo r zo n i n g di s t r i c t s , a zo n i n g di s t r i c t ad o p t e d wi t h i n th i s ti t l e th a t is mo s t co m p a t i b l e to th e no n r e s i d e n t i a l , ph a s e d an d / o r mu l t i - t e n a n t de v e l o p m e n t . PD di s t r i c t . Th e re g u l a t i o n s an d sp a t i a l s t a n d a r d s o f th e mo s t co m p a t i b l e zo n i n g di s t r i c t sh a l l be ap p l i e d , su b j e c t to th e ap p r o v a l of an en v i r o n m e n t a l an d de s i g n re v i e w pe r m i t . ” Th e Ci t y su p p o r t s th e pr o p o s e d re - z o n i n g to a ne w PD Di s t r i c t an d de t e r m i n e d th a t th e mo s t co m p a t i b l e re z o n i n g wo u l d be on e th a t in c o r p o r a t e s th e st y l e of th e su r r o u n d i n g tw o - s t o r y , mu l t i - f a m i l y pr o p e r t i e s on th e we s t si d e of Me r r y d a l e Ro a d , wh i c h ar e zo n e d HR 1 (H i g h De n s i t y Re s i d e n t i a l ) . Th i s de s i g n ch o i c e is mo r e ap p r o p r i a t e th a n us i n g th e R7 . 5 (S i n g l e Fa m i l y Zo n i n g ) de s i g n of th e si n g l e - f a m i l y re s i d e n t i a l ho m e s al o n g th e ea s t si d e of Me r r y d a l e Ro a d . In te r m s of de n s i t y , SR M C Se c t i o n 14 . 1 7 . 0 3 0 st i p u l a t e s th a t “t h e to t a l nu m b e r of dw e l l i n g un i t s in a PD pl a n sh a l l no t ex c e e d th e ma x i m u m pe r m i t t e d by th e Ge n e r a l Pl a n 20 2 0 de n s i t y fo r th e to t a l si t e ar e a . ” Th e un d e r l y i n g Ge n e r a l Pl a n De s i g n a t i o n fo r th e pr o p e r t y is Ge n e r a l Co m m e r c i a l , wh i c h al l o w s a re s i d e n t i a l de n s i t y of 15 - 3 2 un i t s / g r o s s ac r e . Th i s eq u a t e s to be t w e e n 34 un i t s to 72 un i t s al l o w e d on th e ap p r o x i m a t e l y 2. 2 8 gr o s s ac r e si t e . As su c h , th e pr o p o s e d 45 un i t s wo u l d be co n s i s t e n t wi t h th e al l o w a b l e de n s i t y ra n g e un d e r th e GP 20 2 0 . St a t e De n s i t y Bo n u s e s fo r af f o r d a b l e ho u s i n g ar e al l o w e d if th e pr o j e c t qu a l i f i e s an d re q u e s t s a st a t e de n s i t y bo n u s . Th e ap p l i c a n t is no t re q u e s t i n g a St a t e De n s i t y Bo n u s to in c r e a s e th e nu m b e r of un i t s on si t e . Ba s e d on th e HR 1 De v e l o p m e n t St a n d a r d s (1 un i t pe r 1, 0 0 0 sq u a r e fe e t of lo t ar e a ) th e ma x i m u m nu m b e r un i t s al l o w e d fo r th e ba s e de n s i t y wo u l d be 99 un i t s on th e 99 , 1 5 0 sq u a r e fo o t pr o j e c t si t e . Th e pr o p o s e d 45 un i t s is we l l be l o w th e ma x i m u m HR 1 ba s e de n s i t y . Th e pr o j e c t is pr o p o s i n g to re z o n e th e pa r c e l to a ne w PD . Th e ne w PD wo u l d de s i g n a t e th e pr o p o s e d 45 - u n i t co n d o m i n i u m pr o j e c t as th e ne w de v e l o p m e n t on th e si t e . As de s i g n e d , th e pr o j e c t is co n s i s t e n t wi t h al l of th e ap p l i c a b l e pr o p e r t y de v e l o p m e n t st a n d a r d s fo r th e HR 1 Zo n i n g Di s t r i c t , in c l u d i n g re q u i r e d fr o n t / r e a r / s i d e ya r d se t b a c k s , ma x i m u m bu i l d i n g he i g h t (3 6 ” ) , ma x i m u m lo t co v e r a g e (6 0 % ) , mi n i m u m la n d s c a p i n g (5 0 % ) , us e a b l e op e n sp a c e (m i n i m u m 10 0 sf / u n i t fo r pr i v a t e an d / o r pu b l i c op e n sp a c e ) ) an d | re q u i r e d pa r k i n g . Th e re q u i r e d re z o n i n g wi l l tr i g g e r En v i r o n m e n t a l (C E Q A ) Re v i e w (I n i t i a l St u d y / N e g a t i v e De c l a r a t i o n ) , an d Ci t y Co u n c i l ap p r o v a l wi t h th e re c o m m e n d a t i o n | Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e +: ED 1 8 - 1 0 0 / T S 1 8- 0 0 6 / E X 1 9 - 0 1 2 / U P 18 - 0 3 9 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 2 Ex h i b i t 6 TA B L E AN A L Y Z I N G PR O J E C T CO M P L I A N C E WI T H S A N R A F A E L ZO N I N G OR D I N A N C E ( T I T L E 14 ) o f bo t h th e De s i g n Re v i e w B o a r d an d Pl a n n i n g Co m m i s s i o n . a CH A P T E R 16 — SI T E DE V E L O P M E N T ST A N D A R D S 14 . 1 6 . 0 3 0 - Af f o r d a b l e Ho u s i n g Re q u i r e m e n t . An y ne w re s i d e n t i a l an d mi x e d - u s e de v e l o p m e n t pr o j e c t s wi t h 21 or mo r e ho u s i n g un i t s sh a l l pr o v i d e a mi n i m u m 20 % ‘a f f o r d a b i l i t y ’ . Re s i d e n t i a l ‘o w n e r s h i p ’ pr o j e c t s sh a l l pr o v i d e a mi n i m u m 50 % of th e re q u i r e d af f o r d a b l e un i t s at th e lo w - in c o m e ho u s e h o l d le v e l an d th e re m a i n d e r at th e mo d e r a t e - i n c o m e ho u s e h o l d le v e l s . By me e t i n g s p e c i f i c af f o r d a b i l i t y re q u i r e m e n t s at th e lo w - in c o m e ho u s e h o l d le v e l , a pr o j e c t is el i g i b l e fo r a St a t e De n s i t y bo n u s of up to 35 % an d th r e e (3 ) co n c e s s i o n s . Co n s i s t e n t Bo t h th e Ci t y ’ s Ge n e r a l Pl a n (H o u s i n g Po l i c y H- 1 9 ; In c l u s i o n a r y Ho u s i n g Re q u i r e m e n t ) an d Zo n i n g Or d i n a n c e ( S e c t i o n 14 . 1 6 . 0 3 0 ; Af f o r d a b l e Ho u s i n g Re q u i r e m e n t ) fu r t h e r re q u i r e th a t ho u s i n g pr o j e c t s , wh i c h pr o p o s e mo r e th a n 20 ne w un i t s , pr o v i d e 2 0 % of th e to t a l un i t s at ‘b e l o w ma r k e t ra t e s ’ (B M R un i t s ) . B a s e d on th e 20 % “a f f o r d a b i l i t y ” re q u i r e m e n t , t h e pr o j e c t w o u l d be re q u i r e d to pr o v i d e 9 BM R un i t s (2 0 % x 45 u n i t s = 9 un i t s ) . Fo r ow n e r s h i p un i t s , a m i n i m u m of 50 % of th e re q u i r e d BM R un i t s (5 un i t s ) sh a l l be ma d e a f f o r d a b l e to lo w - i n c o m e ho u s e h o l d s wi t h th e r e m a i n d e r (4 un i t s ) af f o r d a b l e to mo d e r a t e - i n c o m e h o u s e h o l d s . Th e ap p l i c a n t wi l l co o r d i n a t e wi t h M a r i n Ho u s i n g to c r e a t e a fo r m a l BM R ag r e e m e n t th a t wi l l be a p p r o v e d by th e Ci t y Co u n c i l . As an af f o r d a b l e ho u s i n g pr o j e c t pr o v i d i n g 9 BM R un i t s , th e pr o j e c t q u a l i f i e s fo r on e (1 ) pa r k i n g co n c e s s i o n , wh i c h al l o w s th e pa r k i n g on si t e to be pr o v i d e d th r o u g h ta n d e m an d un c o v e r e d s p a c e s . Gu e s t pa r k i n g an d AD A p a r k i n g ar e co n s i d e r e d in c l u s i v e of th e re q u i r e d pa r k i n g as pa r t of th e pa r k i n g co n c e s s i o n . O u t of th e 94 p a r k i n g sp a c e s on si t e , mo s t wi l l b e tw o - ca r si d e - b y - s i d e ga r a g e pa r k i n g , wi t h 20 of th e ga r a g e s de s i g n e d as ta n d e m sp a c e s . Th e r e wi l l al s o be se v e n (7 ) un c o v e r e d pa r k i n g sp a c e s (i n c l u d i n g 1 AD A s p a c e ) lo c a t e d on Pr i v a t e s St r e e t “A ” an d “B ” . : 14 . 1 6 . 0 8 0 — C r e e k s an d Ot h e r Wa t e r c o u r s e s . Im p r o v e m e n t s on a lo t wh i c h is ad j a c e n t t o , or co n t a i n s , a cr e e k , dr a i n a g e w a y , or th e Sa n Ra f a e l Ca n a l sh a l l be su b j e c t to th e fo l l o w i n g pr o v i s i o n s : A. Se t b a c k , Cr e e k . Cr e e k se t b a c k s sh a l l be de t e r m i n e d ba s e d on th e se t b a c k cr i t e r i a in su b s e c t i o n C b e l o w . Th e s e se t b a c k s sh o u l d in c l u d e a tw e n t y - f i v e fo o t (2 5 ” ) or gr e a t e r se t b a c k be t w e e n an y st r u c t u r e an d th e hi g h t o p of th e cr e e k b a n k . On lo t s tw o (2 ) or mo r e ac r e s in si z e , a tw e n t y - fi v e - f o o t (2 5 ” ) to on e h u n d r e d - f o o t (1 0 0 ” ) se t b a c k be t w e e n an y st r u c t u r e an d th e hi g h to p of th e cr e e k ba n k s h a l l be pr o v i d e d . Co n s i s t e n t wi t h co n d i t i o n s SR M C Se c t i o n 14 . 1 6 . 0 8 0 re q u i r e s a tw e n t y - f i v e fo o t (2 5 ” ) or gr e a t e r se t b a c k be t w e e n an y st r u c t u r e an d th e hi g h to p of th e cr e e k ba n k . No n e of th e pr o p o s e d re s i d e n t i a l bu i l d i n g s wo u l d en c r o a c h in t o th e 25 ” cr e e k se t b a c k . Th e pr o j e c t pr o p o s e s to en h a n c e th e c r e e k by de s i g n i n g a du a l pu r p o s e 10 ° wi d e li n e a r pa v e d pa t h . Ve h i c u l a r ac c e s s fo r Ma r i n Co u n t y Fl o o d Co n t r o l Di s t r i c t (M C F C D ) / C i t y of Sa n Ra f a e l cr e e k ma i n t e n a n c e ve h i c l e s wi l l be pr o v i d e d fr o m Pr i v a t e A l l e y 1 an d Pr i v a t e St r e e t B at wh i c h po i n t s th e r e wi l l be re i n f o r c e d pa v e d co n c r e t e pa d s fo r a cr a n e to us e in th e ev e n t a tr e e ne e d s to be re m o v e d fr o m th e cr e e k . Th r e e se c t i o n s of re m o v a b l e fe n c e wi l l be pr o v i d e d fo r di r e c t cr e e k ac c e s s . Th e cr e e k an d th e fr e e w a y dr a i n a g e w a y wi l l be pr o t e c t e d fr o m th e mi g r a t i o n of de b r i s an d ot h e r ob j e c t s wi t h a co n t i n u o u s me s h fe n c e al o n g th e to p of ba n k . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Fi l e #: Ti t l e : Ex h i b i t : ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e 6- 3 Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N RA F A E L ZO N I N G OR D I N A N C E ( T I T L E 14 ) FC . Se t b a c k Cr i t e r i a . Ad e q u a t e se t b a c k be t w e e n cr e e k s an d / o r Th e so u t h si d e of th e cr e e k wo u l d al s o pr o v i d e a pe d e s t r i a n pr o m e n a d e wi t h ne w dr a i n a g e w a y s an d a st r u c t u r e sh a l l be de t e r m i n e d ba s e d on th e fo l l o w i n g la n d s c a p i n g , pa s s i v e ch i l d r e n pl a y ac t i v i t i e s , re m o v a b l e bo l l a r d s / f e n c i n g an d be n c h e s . cr i t e r i a : Th e pr o p o s e d pr o j e c t ha s be e n re v i e w e d by th e Co u n t y of Ma r i n Fl o o d Co n t r o l Di s t r i c t , 1. Th e se t b a c k pr o v i d e s fo r ad e q u a t e m a i n t e n a n c e , em e r g e n c y ve h i c l e an d th e Ci t y ’ s DP W an d Pl a n n i n g st a f f . ac c e s s , ad e q u a t e de b r i s fl o w av a l a n c h e co r r i d o r s , fl o o d co n t r o l an d pr o t e c t i o n fr o m da m a g e du e to st r e a m ba n k un d e r c u t t i n g ; A Bi o l o g i c a l Si t e Co n s t r a i n t s Re p o r t an d fi e l d as s e s s m e n t wa s su b m i t t e d by WR A , In c in Ma r c h 20 1 8 . Th e re p o r t de t e r m i n e d no fe d e r a l l y - p r o t e c t e d sp e c i e s or ha b i t a t s ex i s t e d on 2. Th e se t b a c k ad e q u a t e l y pr o t e c t s an d pr e s e r v e s na t i v e ri p a r i a n an d : . e q yP dá il th e pr o j e c t si t e . Ho w e v e r , th e re p o r t re c o m m e n d e d a co n d i t i o n of ap p r o v a l to re q u i r e pr e - e o . . . co n s t r u c t i o n ne s t i n g bi r d su r v e y s an d su r v e y s of an y tr e e s pr o p o s e d fo r re m o v a l in or d e r to 3 . Th e se t b a c k pr o t e c t s ma j o r vi e w co r r i d o r s an d p r o v i d e s fo r re c r e a t i o n | pr o t e c t po t e n t i a l ba t ro o s t i n g lo c a t i o n s . Sp e c i f i c la n g u a g e is in c l u d e d in th e IS / M N D op p o r t u n i t i e s wh e r e ap p r o p r i a t e ; an d Mi t i g a t i o n as BI O - 1 in th e Mi t i g a t i o n Mo n i t o r i n g Re p o r t Pr o g r a m . 4. Th e se t b a c k pe r m i t s pr o v i s i o n of ad e q u a t e an d at t r a c t i v e na t u r a l la n d s c a p i n g . D. Se t b a c k , Sa n Ra f a e l Ca n a l . No ne w bu i l d i n g or su b s t a n t i a l re c o n s t r u c t i o n of an ex i s t i n g bu i l d i n g sh o u l d be lo c a t e d wi t h i n tw e n t y - fi v e fe e t (2 5 ’ ) of th e to p of th e ba n k or bu l k h e a d al o n g bo t h si d e s of th e Sa n Ra f a e l Ca n a l be t w e e n H i g h w a y 10 1 an d th e mo u t h o f th e c a n a l . Up o n ad o p t i o n of a de s i g n p l a n fo r th e Sa n Ra f a e l Ca n a l , th e de s i g n pl a n pr o v i s i o n s sh a l l co n t r o l - - - - - - - - - - - E. De v e l o p m e n t Gu i d e l i n e s . Pe d e s t r i a n an d bi c y c l e ac c e s s ar e en c o u r a g e d al o n g cr e e k an d dr a i n a g e w a y co r r i d o r s wh e r e fe a s i b l e . Ho w e v e r , th e y sh o u l d be de s i g n e d an d lo c a t e d so as no t to ad v e r s e l y af f e c t im p o r t a n t ha b i t a t ar e a s . Cr e e k s an d dr a i n a g e w a y s sh o u l d al s o be en h a n c e d wh e r e fe a s i b l e to se r v e as wi l d l i f e ha b i t a t as we l l as dr a i n a g e fa c i l i t i e s . 14 . 1 6 . 1 7 0 - Ge o t e c h n i c a l Re v i e w Co n s i s t e n t wi t h co n d i t i o n s De v e l o p m e n t ap p l i c a t i o n s re q u i r e ge o t e c h n i c a l re p o r t s co n s i s t e n t wi t h th e A Pr e l i m i n a r y Ge o t e c h n i c a l Re p o r t fo r th e pr o j e c t wa s pr e p a r e d by EN G E O (N o v e m b e r 5, ge o t e c h n i c a l ma t r i x in th e ge n e r a l pl a n ap p e n d i c e s to as s e s s su c h ha z a r d s as | 20 1 8 . Th e re p o r t pr o v i d e d re c o m m e n d a t i o n s fo r li q u e f a c t i o n su s c e p t i b i l i t y , sl o p e se t b a c k , po t e n t i a l se i s m i c ha z a r d s , li q u e f a c t i o n , la n d s l i d i n g , mu d s l i d i n g , er o s i o n , fo u n d a t i o n s , se i s m i c de s i g n , pa v e m e n t de s i g n , dr a i n a g e an d st o r m w a t e r re t e n t i o n ar e a s . se d i m e n t a t i o n an d se t t l e m e n t an d ha z a r d o u s so i l s co n d i t i o n s to de t e r m i n e th e op t i m u m lo c a t i o n fo r st r u c t u r e s , to ad v i s e of sp e c i a l st r u c t u r a l Th e re p o r t in c l u d e d re c o m m e n d a t i o n s th a t wo u l d ha v e to be in c o r p o r a t e d du r i n g re q u i r e m e n t s an d to ev a l u a t e th e fe a s i b i l i t y an d de s i r a b i l i t y of a pr o p o s e d pr e p a r a t i o n of th e co n s t r u c t i o n pl a n s an d co n s t r u c t i o n of th e pr o j e c t . Th e Ci t y En g i n e e r fa c i l i t y in a sp e c i f i c lo c a t i o n re v i e w e d th e Ge o t e c h n i c a l re p o r t an d re c o m m e n d e d ap p r o v a l su b j e c t to co n d i t i o n s , wo u l d be in c o r p o r a t e d in t o co n d i t i o n s of ap p r o v a l . tu a Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 4 Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N RA F A E L Z O N I N G O R D I N A N C E ( T I T L E 1 4 ) ] E 14 . 1 6 . 2 2 7 — Li g h t an d Gl a r e Co n s i s t e n t wi t h co n d i t i o n s Co l o r s , ma t e r i a l s an d l i g h t i n g s h a l l be de s i g n e d to a v o i d cr e a t i n g un d u e o f f . | T h e r e ar e ex i s t i n g s t r e e t l i g h t fi x t u r e s al o n g th e e a s t an d we s t ri g h t - o f - w a y o n M e r r y d a l e si t e li g h t an d gl a r e im p a c t s . Ne w or am e n d e d bu i l d i n g o r s i t e co l o r s , Ro a d . Th e r e ar e no st r e e t li g h t s cu r r e n t l y di r e c t l y in f r o n t of th e pr o j e c t si t e . Ho w e v e r , th e ma t e r i a l s a n d l i g h t i n g sh a l l co m p l y wi t h th e f o l l o w i n g s t a n d a r d s , su b j e c t to pr o j e c t pr o p o s e s to ad d a to t a l of ni n e ( 9 ) l i g h t p o l e s th r o u g h o u t th e pr o j e c t si t e (1 2 ? in re v i e w an d re c o m m e n d a t i o n by th e po l i c e de p a r t m e n t , pu b l i c wo r k s he i g h t ) an d 46 li g h t bo l l a r d s , as we l l as b u i l d i n g an d wa l l sc o n c e s . A Li g h t i n g Ph o t o m e t r i c de p a r t m e n t , an d co m m u n i t y de v e l o p m e n t de p a r t m e n t : S t u d y wa s co n d u c t e d by Ri p l e y De s i g n Gr o u p in 20 1 9 . Th e st u d y co m p r e h e n s i v e l y E me a s u r e d th e li g h t i n g l e v e l s th r o u g h o u t t h e pr o j e c t si t e , ba s e d o n th e l o c a t i o n , ty p e an d A . Gl o s s y f i n i s h e s an d r e f l e c t i v e gl a s s su c h as gl a z e d o r mi r r o r e d wa t t a g e o f th e pr o p o s e d li g h t i n g f i x t u r e s . T h e s t u d y me a s u r e d li g h t i n g le v e l s at t h e su r f a c e s ar e di s c o u r a g e d an d pr o h i b i t e d wh e r e it w o u l d cr e a t e an ad v e r s e p r o p e r t y li n e a t or ne a r 1 Fc (f o o t - c a n d l e ) as r e q u i r e d pu r s u a n t t o Sa n Ra f a e l Mu n i c i p a l im p a c t o n pe d e s t r i a n o r au t o m o t i v e tr a f f i c o r on ad j a c e n t s t r u c t u r e s ; Co d e Se c t i o n 14 . 1 6 . 2 2 7 . D . A c o n d i t i o n o f ap p r o v a l w o u l d be in c l u d e d r e q u i r i n g th e pa r t i c u l a r l y w i t h i n th e d o w n t o w n en v i r o n s an d in c o m m e r c i a l , in d u s t r i a l su b m i t t a l of a fo l l o w - u p po s t - c o n s t r u c t i o n Li g h t i n g Ph o t o m e t r i c St u d y t o c o n f i r m t h e a n d hi l l s i d e ar e a s . pr o j e c t e d li g h t i n g le v e l s fo r t h e p r o j e c t si t e c o m p l y wi t h a d o p t e d li g h t an d gl a r e st a n d a r d s . Th e 90 - d a y li g h t i n g re v i e w pe r i o d wo u l d co m m e n c e af t e r th e Bu i l d i n g fi n a l in s p e c t i o n / o c c u p a n c y . A d j u s t m e n t s ca n be ma d e by st a f f to re d u c e of f - s i t e g l a r e , if n e c e s s a r y . B. Li g h t i n g fi x t u r e s sh a l l b e a p p r o p r i a t e l y de s i g n e d an d / o r sh i e l d e d to c o n c e a l l i g h t so u r c e s fr o m vi e w of f - s i t e a n d av o i d sp i l l o v e r o n t o ad j a c e n t pr o p e r t i e s . C . Th e fo o t - c a n d l e in t e n s i t y of li g h t i n g sh o u l d be th e m i n i m u m am o u n t ne c e s s a r y to pr o v i d e a s e n s e o f se c u r i t y at bu i l d i n g en t r y w a y s , wa l k w a y s an d pa r k i n g lo t s . In ge n e r a l te r m s , ac c e p t a b l e li g h t i n g le v e l s wo u l d pr o v i d e on e ( 1 ) f o o t - c a n d l e g r o u n d le v e l ov e r l a p at do o r w a y s , on e - h a l f (1 4 ) fo o t - c a n d l e ov e r l a p at wa l k w a y s an d pa r k i n g lo t s , an d f a l l b e l o w on e ( 1 ) fo o t - c a n d l e a t t h e p r o p e r t y l i n e . D . Li g h t i n g sh a l l be re v i e w e d fo r c o m p a t i b i l i t y w i t h on - s i t e an d o f f + si g h t li g h t so u r c e s . T h i s sh a l l in c l u d e re v i e w of li g h t i n g in t e n s i t y , ov e r l a p an d ty p e o f il l u m i n a t i o n (e . g . , hi g h - p r e s s u r e so d i u m , LE D , et c . ) . Th i s ma y in c l u d e a re v i e w by th e ci t y to a s s u r e t h a t li g h t i n g in s t a l l e d o n pr i v a t e pr o p e r t y wo u l d no t ca u s e co n f l i c t s w i t h pu b l i c st r e e t l i g h t i n g . E. I n s t a l l a t i o n o f ne w li g h t i n g fi x t u r e s or ch a n g e s in li g h t i n g in t e n s i t y on mi x e d us e an d no n - r e s i d e n t i a l pr o p e r t i e s s h a l l be su b j e c t to en v i r o n m e n t a l an d d e s i g n re v i e w p e r m i t re v i e w a s re q u i r e d by Ch a p t e r 14 . 2 5 (D e s i g n Re v i e w ) . F. Ma x i m u m wa t t a g e o f la m p s sh a l l be sp e c i f i e d on th e pl a n s su b m i t t e d fo r el e c t r i c a l pe r m i t s . G. Al l n e w l i g h t i n g sh a l l be su b j e c t to a 9 0 - d a y p o s t in s t a l l a t i o n Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Ti t l e : Z o n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 3 Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H SA N RA F A E L ZO N I N G OR D I N A N C E (T I T L E 1 4 ) in s p e c t i o n to al l o w fo r ad j u s t m e n t an d as s u r e co m p l i a n c e wi t h th i s s e c t i o n 14 . 1 6 . 2 6 0 - No i s e St a n d a r d s A . R e s i d e n t i a l De v e l o p m e n t . Th e f o l l o w i n g st a n d a r d s ap p l y to re s i d e n t i a l de v e l o p m e n t : 3. In hi g h de n s i t y an d do w n t o w n re s i d e n t i a l di s t r i c t s re s i d e n t i a l in t e r i o r st a n d a r d s sh a l l be me t , an d co m m o n us a b l e ou t d o o r a r e a s sh a l l be de s i g n e d to mi n i m i z e no i s e im p a c t s . Wh e r e po s s i b l e , a 60 dB A (L d n ) st a n d a r d sh a l l be ap p l i e d to us a b l e ou t d o o r a r e a s 4. In t e r i o r no i s e st a n d a r d s f o r ne w si n g l e - f a m i l y re s i d e n t i a l an d re s i d e n t i a l he a l t h ca r e de v e l o p m e n t sh a l l be 40 dB A (L d n ) fo r be d r o o m s an d 45 dB A (L d n ) fo r ot h e r ro o m s . Ne w ho t e l s a n d mo t e l s sh a l l me e t a 4 5 dB A (L d n ) st a n d a r d . Fo r ne w mu l t i f a m i l y de v e l o p m e n t , ho t e l s an d mo t e l s , in t e r i o r no i s e st a n d a r d s sh a l l b e 6 . Po s t - c o n s t r u c t i o n mo n i t o r i n g an d a p p r o v a l by an ac o u s t i c a l en g i n e e r sh a l l be re q u i r e d in re s i d e n t i a l de v e l o p m e n t ne a r hi g h no i s e so u r c e s to en s u r e th a t ci t y st a n d a r d s ha v e be e n me t . | de s c r i b e d by St a t e Ad m i n i s t r a t i v e Co d e st a n d a r d s , Ti t l e 25 , Pa r t 2. Co n s i s t e n t wi t h co n d i t i o n s Th e p r i m a r y n o i s e s o u r c e at th e si t e w o u l d co n t i n u e to b e ve h i c u l a r tr a f f i c on US Hw y 10 1 an d Me r r y d a l e Ro a d . US Hw y 10 1 is el e v a t e d ab o u t 1 0 fe e t ab o v e th e pr o j e c t si t e . A No i s e St u d y by Il l i n g w o r t h an d Ro d k i n (N o v e m b e r 1, 2 0 1 8 ) wa s pr e p a r e d f o r th e pr o j e c t si t e . Ba s e d on i n f o r m a t i o n in th e A c o u s t i c a l Re p o r t by Il l i n g w o r t h an d Ro d k i n , th e IS / M N D an a l y s i s i n d i c a t e d th a t Bu i l d i n g 2 th r o u g h Bu i l d i n g 7 wo u l d al s o ex c e e d th e 45 d B A Ld n th r e s h o l d wi t h wi n d o w s pa r t i a l l y op e n . Wi t h st a n d a r d co n s t r u c t i o n a n d fo r c e d - a i r ve n t i l a t i o n , al l o w i n g oc c u p a n t s th e o p t i o n of ke e p i n g wi n d o w s cl o s e d t o co n t r o l no i s e , Bu i l d i n g s 1, 2 8, an d 9 wo u l d ac h i e v e th e 40 dB A Ld n a n d 45 dB A Ld n th r e s h o l d s . Th e ea s t f a c a d e s or bu i l d i n g s 3, 4, 5, an d 6, fa c i n g US - 1 0 1 , wo u l d be ex p o s e d to 70 dB A Ld n . Th e ea s t fa c a d e of B u i l d i n g s 2 an d 7 wo u l d be p a r t i a l l y sh i e l d e d b y th e bu i l d i n g s to th e ea s t an d wo u l d be e x p o s e d to 67 dB A Ld n . Th e we s t fa c a d e of Bu i l d i n g s | an d 9 wo u l d be ex p o s e d to tr a f f i c no i s e fr o m Me r r y d a l e Ro a d up to 58 dB A Ld n . Th e s e l e v e l s ar e in th e “C l e a r l y Un a c c e p t a b l e ” ra n g e in Ex h i b i t 31 of th e Ge n e r a l Pl a n 20 2 0 . Th e r e f o r e , th e Ac o u s t i c a l Re p o r t re c o m m e n d e d in c o r p o r a t i o n of co n d i t i o n s of ap p r o v a l in c l u d i n g pr o v i d i n g su i t a b l e fo r m or fo r c e d - a i r me c h a n i c a l ve n t i l a t i o n , an d so u n d ra t e d co n s t r u c t i o n fo r Bu i l d i n g 3 th r o u g h B u i l d i n g 7 to ma i n t a i n in t e r i o r no i s e le v e l s at ac c e p t a b l e le v e l s . Co n d i t i o n s an d mi t i g a t i o n s ha v e be e n in c o r p o r a t e d to re d u c e an y te m p o r a r y im p a c t s d u e to co n s t r u c t i o n (I n i t i a l St u d y M i t i g a t i o n Me a s u r e NO I S E - 1 ) . Th e Ac o u s t i c a l Re p o r t de t e r m i n e d th a t th e pr i m a r y no i s e so u r c e s at th e si t e wo u l d co n t i n u e to be ve h i c u l a r tr a f f i c on US - 1 0 1 an d Me r r y d a l e Ro a d . US - 1 0 1 is el e v a t e d by ab o u t 10 fe e t ab o v e th e si t e . Ba s e d on tr a f f i c vo l u m e s pr o v i d e d in th e Tr a f f i c Im p a c t As s e s s m e n t Re p o r t pr e p a r e d fo r th e pr o p o s e d pr o j e c t , tr a f f i c no i s e le v e l s ar e ca l c u l a t e d to in c r e a s e b y 1 dB A al o n g Me r r y d a l e Ro a d un d e r fu t u r e co n d i t i o n s (2 0 4 0 ) du e to in c r e a s e s in tr a f f i c vo l u m e s on Me r r y d a l e Ro a d . An in c r e a s e in 1 dB A wo u l d be ba r e l y de t e c t a b l e to ty p i c a l hu m a n he a r i n g an d is no t c o n s i d e r e d a si g n i f i c a n t in c r e a s e . A co n d i t i o n of a p p r o v a l ha s be e n in c l u d e d in th e De s i g n Re v i e w Pe r m i t ED 1 8 - 1 0 0 a p p r o v a l re q u i r i n g a po s t - c o n s t r u c t i o n no i s e or ac o u s t i c st u d y to co n f i r m t h e pr o j e c t wa s co n s t r u c t e d co m p l i a n t wi t h no i s e re d u c i n g ma t e r i a l s a n d co n s t r u c t i o n te c h n i q u e s (C O A #1 0 2 ) . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P1 8 - 0 3 9 Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c Ta b l e Ex h i b i t : 6- 6 Ex h i b i t 6 TA B L E AN A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N RA F A E L ZO N I N G OR D I N A N C E ( T I T L E 14 ) | 14 . 1 6 . 7 0- Wa t e r — E f f i c i e n t La n d s c a p e Al l ne w de v e l o p m e n t pr o j e c t s pr o v i d i n g 50 0 sq . ft . or gr e a t e r of la n d s c a p i n g sh a l l be re v i e w e d an d ob t a i n ap p r o v a l by th e Ma r i n M u n i c i p a l Wa t e r Di s t r i c t (M M W D ) pr i o r to bu i l d i n g pe r m i t is s u a n c e . MM W D sh a l l re v i e w al l pr o j e c t la n d s c a p i n g , ir r i g a t i o n an d gr a d i n g pl a n s fo r co m p l i a n c e wi t h th e mo s t re c e n t l y ad o p t e d MM W D wa t e r - c o n s e r v a t i o n or d i n a n c e . Co n s i s t e n t wi t h co n d i t i o n s . Th e pr o p o s e d pr o j e c t ha s be e n re v i e w e d by MM W D an d th e Di s t r i c t ve r i f i e d th a t th e pr o j e c t si t e is cu r r e n t l y be i n g se r v e d . Ho w e v e r , th e pr o p o s e d ch a n g e wo u l d in t e n s i f y wa t e r us a g e on si t e an d th e r e f o r e th e Di s t r i c t ha s re q u i r e d th a t th e ap p l i c a n t en t e r in t o a pi p e l i n e ex t e n s i o n ag r e e m e n t fo r th e in s t a l l a t i o n of th e ne c e s s a r y fa c i l i t i e s an d sa i d ag r e e m e n t mu s t be ap p r o v e d by th e Di s t r i c t ’ s Bo a r d of Di r e c t o r s . Ad d i t i o n a l MM W D co n d i t i o n s ar e in c l u d e d as C o n d i t i o n s of Ap p r o v a l in th e De s i g n Re v i e w Pe r m i t . CH A P T E R 18 — PA R K I N G S T A N D A R D S 14 . 1 8 . 0 4 0 - Pa r k i n g Re q u i r e m e n t s Of f - s t r e e t pa r k i n g sh a l l be pr o v i d e d in ac c o r d wi t h th e fo l l o w i n g ch a r t : e Ne w “s e n i o r ho u s i n g pr o j e c t s ” ar e re q u i r e d to pr o v i d e .7 5 sp a c e pe r u n i t ; e Ne w , 1- b e d r o o m un i t s , lo c a t e d ou t s i d e th e Do w n t o w n , a r e re q u i r e d to pr o v i d e 1. 5 sp a c e s ; e Ne w , 2- b e d r o o m un i t s , lo c a t e d ou t s i d e th e Do w n t o w n , a r e re q u i r e d to pr o v i d e 2 sp a c e s , an d e 1 ‘g u e s t ’ sp a c e pe r ev e r y 5 un i t s is re q u i r e d ou t s i d e th e Do w n t o w n . Co n s i s t e n t Th e pr o j e c t pr o p o s e s to pr o v i d e 94 pa r k i n g sp a c e s o n si t e , co m p l y i n g wi t h th e Ch a p t e r 18 pa r k i n g re q u i r e m e n t fo r th e n u m b e r of be d r o o m s p r o p o s e d in th e 45 - u n i t de v e l o p m e n t . Th e pr o j e c t al s o c o m p l i e s wi t h th e St a t e de n s i t y Bo n u s pa r k i n g st a n d a r d s by pr o v i d i n g a to t a l of 94 pa r k i n g s p a c e s on si t e (i n c l u d i n g on e AD A sp a c e ) . As an af f o r d a b l e ho u s i n g pr o j e c t pr o v i d i n g 9 BM R un i t s , th e pr o j e c t qu a l i f i e s fo r on e (1 ) pa r k i n g co n c e s s i o n , wh i c h al l o w s th e pa r k i n g on si t e to be pr o v i d e d t h r o u g h ta n d e m an d / o r un c o v e r e d sp a c e s (p u r s u a n t to S R M C Se c t i o n 1 4 . 1 6 . 0 3 0 . H . 3 . a . i . ) . Ta b l e 1: 35 0 Me r r y d a l e / 3 8 3 3 Re d w o o d Pa r k i n g | Be d r o o m s To t a l Ci t y | St a t e Pr o p o s e d Qu a n t i t y Re q u i r e m e n t | Re q u i r e m e n t | 2- b e d r o o m 25 un i t s 50 (2 | 50 (2 | 50 sp a c e s / u n i t ) sp a c e s / u n i t ) 3- b e d r o o m 12 un i t s 2 4 (2 | 24 2 | 2 4 sp a c e s / u n i t ) sp a c e s / u n i t ) 4- b e d r o o m | 8 un i t s 16 (2 sp a c e s pe r | 20 (2 . 3 sp a c e s 20 un i t ) pe r un i t ) To t a l | 45 un i t s | 90 s p a c e s | 94 sp a c e s | 94 sp a c e s ot Gu e s t pa r k i n g sp a c e s an d AD A pa r k i n g ar e co n s i d e r e d in c l u s i v e of th e re q u i r e d pa r k i n g as pa r t o f th e pa r k i n g co n c e s s i o n al l o w a n c e . Th e pr o j e c t pr o p o s e s a to t a l of 20 ta n d e m ga r a g e sp a c e s an d al s o se v e n (7 ) un c o v e r e d pa r k i n g sp a c e s (i n c l u d i n g on e AD A sp a c e ) al o n g Pr i v a t e St r e e t “A ” (4 pa r k i n g sp a c e s ) an d Pr i v a t e St r e e t “B ” fr o n t a g e (2 p a r k i n g sp a c e s 1a Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 7 E x h i b i t 6 TA B L E AN A L Y Z I N G P R O J E C T CO M P L I A N C E W I T H SA N RA F A E L ZO N I N G OR D I N A N C E (T I T L E 1 4 ) th e AD A sp a c e ) . In a d d i t ad d i t i o n a l on - s t r e e t pa r k i n g on ( 5 ) o n - s t r e e t pa r k i n g sp a c e s an d t h e p r o j e c t wo u l d a d d fo u r (4 ) a io n , t h e ne w cu r b cu t fo r th e p r o j e c t dr i v e w a y wi l l pr o v i d e th e e a s t s i d e of Me r r y d a l e Ro a d . Cu r r e n t l y th e r e a r e fi v e dd i t i o n a l sp a c e s fo r a to t a l o f ni n e ( 9 ) on - s t r e e t sp a c e s al o n g Me r r y d a l e Ro a d . CH A P T E R 2 2 — U S E PE R M I T S 14 . 2 2 . 0 8 0 — Fi n d i n g s Th e Zo n i n g Ad m i n i s t r a t o r or P Pe r m i t if t h e fo A. Th a t th e pr o p o s e d u s e is in ac c o r of th e zo n i n g or d i n a n c e , a n d th e p u r p o s e s 0 B. T h a t t h e pr o p o s e d us e , to g e t h e r wi t th e r e t o , w i l l n o t be de t r i m e n t a l to th e pu b l i c he a l t h , sa f e t y or we l f a r e , or ma t e r i a l l y in j u r i o u s t o pr o p e r t i e s or im p r o v e m t h e g e n e r a l w e l f a r e o f th e ci t y ; a n d C . T h a t th e pr o p o s e d us e c o m p l i e s w i t h ea of th e zo n i n g or d i n a n c e . la n n i n g Co m m i s s i o n ma y is s u e a Us e ll o w i n g fi n d i n g s ca n be m a d e : d w i t h th e ge n e r a l pl a n , th e ob j e c t i v e s f th e di s t r i c t in wh i c h th e si t e is A . Th e pr o p o Re d w o o d Hw y , la n d s c a p i n g , si t e wi l l be in ac c o r d wi t h th e Sa n os e of th e re z o n e d Pl a n n e d De v e l o p m e n t Di h th e co n d i t i o n s a p p l i c a b l e en t s in th e vi c i n i t y , or t o pu r p th a t : ch of th e ap p l i c a b l e pr o v i s i o n s Ne w 45 - U n i t Re s i d e n t i a l C o n d o m i n i u m To w n h o m e s 35 0 M e r r y d a l e Rd / 3 8 3 3 R e d w o o d H w y . Co n s i s t e n t Th e p r o j e c t is a mu l t i - f a m i l y de v e l o p m e n t o v e r 2. 5 ye a r , i s re q u i r e d . Fi n d i n g s fo r a p p r o v i n g se d 45 - u n i t As do c u m e n t e d de v e l o p m e n t in a PD z o n e an d is al s o pr o p o s i n g a “p h a s e d ” s. Pu r s u a n t to SR M C Se c t i o n 14 . 0 7 . 0 2 0 . B , a Ma s t e r Us e Pe r m i t th e Ma s t e r Us e Pe r m i t a r e li s t e d be l o w : r e s i d e n t i a l t o w n h o m e de v e l o p m e n t at 3 5 0 Me r r y d a l e / 3 8 3 3 Co m m u n i t y Ro o m an d th e as s o c i a t e d 94 p a r k i n g sp a c e s on R a f a e l Mu n i c i p a l Co d e (t h e Zo n i n g Or d i n a n c e ) an d th e s t r i c t in wh i c h th e s i t e is lo c a t e d , gi v e n in t h e Ge n e r a l P l a n 20 2 0 Co n s i s t e n c y Ta b l e ( E x h i b i t 5) , th e pr o p o s e d p r o j e c t wo u l d i m p l e m e n t a n d pr o m o t e th e go a l s as po l i c i e s o f th e S a n Ra f a e l Ge n e r a l Pl a n 2 0 2 0 ; As do c u m e n t e d wo u l d be co n s i s t e n t wi t h th e 0b j ec t i v e s O Th e pr o p o s e d p r o j e c t wo u l d be co n s i s t e n t PD Di s t r i c t a n d s t a n d a r d s (c o m p a r a b l e to th e ad j a c e n t p p r o j e c t si t e w i l l de v e l o p m e n t , w i t h s e t b a c k s , he i g h t hi g h - d e n s i t y re s i d e n t i a l d e v e l o p m e n t s i d e of Me r r y d a l e Ro a d ; b) th e p r o j ty p e s (m a r k e t ra t e ( r a n g i n g fr o m 7 be d r o o m un i t s , b e d r o o m un i t s ; C di n a n c e Co n s i s t e n c y Ta b l e , th e pr o p o s e d pr o j e c t f t h e Zo n i n g Or d i n a n c e ; an d an d co m p a t i b l e wi t h th e pu r p o s e s of th e t h e Hi g h de n s i t y r e s i d e n t i a l (H R 1 ) Zo n i n g Di s t r i c t d e v e l o p m e n t ro p e r t i e s to th e so u t h ) gi v e n t h a t : a) th e be re z o n e d to ac c o m m o d a t e th e pr o p o s e d re s i d e n t i a l a n d pa r k i n g pr o v i d e d in ke e p i n g wi t h th e on ad j a c e n t pr o p e r t i e s on th e so u t h ea s t e r n ec t wo u l d pr o v i d e a w i d e va r i e t y of ho u s i n g a n d a f f o r d a b l e “ f o r - s a l e ” co n d o m i n i u m un i t s ) a n d si z e s 4 1 t o 8 3 6 sf fo r t h e 1- b e d r o o m u n i t s , 1, 2 8 5 to 1, 4 6 1 sf f o r th e 2- 1, 4 6 1 t o 2 , 1 1 9 sf fo r t h e 3- b e d r o o m un i t s a n d 2, 1 1 9 sf f o r th e 4- t h e pr o j e c t wo u l d co m p l y wi t h th e cr e e k se t b a c k st a n d a r d in t h e Zo n i n g Or ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8- 0 3 9 Zo n i n g O r d i n a n c e Co n s i s t e n c Ta b l e 6- 8 Fi l e #: Ti t l e : Ex h i b i t : Ex h i b i t 6 TA B L E AN A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N RA F A E L ZO N I N G OR D I N A N C E ( T I T L E 14 ) | pu r s u a n t to SR M C Se c t i o n 14 . 1 6 . 0 8 0 by pr o v i d i n g a 25 ’ cr e e k se t b a c k al o n g th e so u t h si d e of th e ex i s t i n g La s Ga l l i n a s Cr e e k ; d) th e pr o p o s e d pr o j e c t wo u l d cr e a t e a ne w “c r e e k pr o m e n a d e ” , wi t h im p r o v e m e n t s to th e ar e a ad j a c e n t to th e cr e e k th a t wo u l d ac c o m m o d a t e a “d u a l us e ” fo r bo t h re q u i r e d cr e e k ma i n t e n a n c e ac t i v i t i e s by th e Ci t y an d al s o re c r e a t i o n a l us e s fo r ad u l t s wi t h la n d s c a p e d wa l k w a y s an d be n c h e s an d a pa s s i v e pl a y ar e a fo r ch i l d r e n , an d e) th e pr o j e c t ha s be e n re v i e w e d by ap p r o p r i a t e Ci t y de p a r t m e n t s an d no n - c i t y ag e n c i e s an d de t e r m i n e d th a t ad e q u a t e in f r a s t r u c t u r e ex i s t s to me e t al l ne w se r v i c e de m a n d s . B. Th e pr o p o s e d ne w re s i d e n t i a l bu i l d i n g s wo u l d no t b e de t r i m e n t a l to th e pu b l i c he a l t h , sa f e t y or we l f a r e , or ma t e r i a l l y in j u r i o u s to pr o p e r t i e s or im p r o v e m e n t s in th e vi c i n i t y , or to th e ge n e r a l we l f a r e of th e Ci t y , gi v e n th a t th e pr o j e c t ha s be e n re v i e w e d by ap p r o p r i a t e Ci t y de p a r t m e n t s , no n - C i t y ag e n c i e s , th e ap p r o p r i a t e su r r o u n d i n g ne i g h b o r h o o d gr o u p s , in t e r e s t e d pa r t i e s , th e De s i g n Re v i e w Bo a r d at tw o se p a r a t e me e t i n g s (C o n c e p t u a l De s i g n Re v i e w on Ju l y 17 , 20 1 8 an d De s i g n Re v i e w on th e fo r m a l ap p l i c a t i o n on Au g u s t 6, 20 1 9 ) . In ad d i t i o n , pu r s u a n t to CE Q A re g u l a t i o n s , th e pr o j e c t re q u i r e d pr e p a r a t i o n of an In i t i a l St u d y to re v i e w po t e n t i a l pr o j e c t im p a c t s on th e en v i r o n m e n t . Po t e n t i a l im p a c t s we r e id e n t i f i e d to Ae s t h e t i c s , Ai r Qu a l i t y , Bi o l o g i c a l Re s o u r c e s , Cu l t u r a l Re s o u r c e s , Ge o l o g y : an d So i l s , Ha z a r d s an d Ha z a r d o u s Ma t e r i a l s , Hy d r o l o g y an d Wa t e r Qu a l i t y , No i s e , Tr a n s p o r t a t i o n , an d Tr i b a l Cu l t u r a l Re s o u r c e s th a t wo u l d re q u i r e mi t i g a t i o n to re d u c e th e po t e n t i a l ne g a t i v e im p a c t s fr o m th e pr o p o s e d pr o j e c t to a le s s - t h a n - s i g n i f i c a n t le v e l . Th e re q u i r e d mi t i g a t i o n me a s u r e s fo r ea c h a r e id e n t i f i e d in th e IS / M N D Mi t i g a t i o n Mo n i t o r i n g an d Re p o r t i n g Pr o g r a m . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e #: ED 1 8 - 1 0 0 / T S 1 8- 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 9 Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N RA F A E L ZO N I N G OR D I N A N C E ( T I T L E 14 ) ee e 25 EN V I R O N M E N T A L AN D DE S I G N RE V I E W PE R M I T 14 . 2 5 . 0 1 0 — Sp e c i f i c Pu r p o s e s En v i r o n m e n t a l an d de s i g n re v i e w im p l e m e n t s ge n e r a l pl a n po l i c i e s co n c e r n i n g th e en v i r o n m e n t an d de s i g n by gu i d i n g th e lo c a t i o n , fu n c t i o n s an d ap p e a r a n c e of de v e l o p m e n t . Th e ke y en v i r o n m e n t a l an d de s i g n go a l of th e ci t y i s to r e s p e c t an d pr o t e c t th e na t u r a l en v i r o n m e n t an d as s u r e th a t de v e l o p m e n t i s ha r m o n i o u s l y in t e g r a t e d wi t h th e ex i s t i n g qu a l i t i e s of th e ci t y . Th e pu r p o s e s of e n v i r o n m e n t a l an d de s i g n re v i e w ar e to : A. Fi r s t an d fo r e m o s t , m a i n t a i n a pr o p e r ba l a n c e be t w e e n de v e l o p m e n t an d t h e na t u r a l en v i r o n m e n t ; B. En s u r e th a t th e lo c a t i o n , de s i g n an d ma t e r i a l s an d co l o r s of de v e l o p m e n t bl e n d s wi t h an d en h a n c e s th e na t u r a l se t t i n g s ; C. Ma i n t a i n an d im p r o v e th e qu a l i t y of , an d re l a t i o n s h i p be t w e e n , de v e l o p m e n t an d th e su r r o u n d i n g ar e a to co n t r i b u t e to th e at t r a c t i v e n e s s o f th e ci t y ; Pr e s e r v e ba l a n c e an d ha r m o n y wi t h i n ne i g h b o r h o o d s . Pr o m o t e de s i g n ex c e l l e n c e by en c o u r a g i n g cr e a t i v e de s i g n a n d th e in n o v a t i v e us e of ma t e r i a l s an d me t h o d s an d te c h n i q u e s ; an d F. Pr e s e r v e an d en h a n c e vi e w s f r o m ot h e r bu i l d i n g s an d p u b l i c pr o p e r t y mo Co n s i s t e n t Th e p r o j e c t si t e is a tr a n s i t i o n a l s i t e , l o c a t e d be t w e e n ex i s t i n g t w o - s t o r y re s i d e n t i a l to w n h o m e de v e l o p m e n t , a co m m e r c i a l st o r a g e b u s i n e s s , H w y 10 1 , an d si n g l e - f a m i l y re s i d e n t i a l ne i g h b o r h o o d to th e w e s t . T h e pr o p o s e d de v e l o p m e n t ha s be e n re - d e s i g n e d wi t h el e m e n t s r e c o m m e n d e d b y th e D e s i g n Re v i e w Bo a r d , in c l u d i n g el i m i n a t i n g th e ro o f d e c k s to r e d u c e bu l k a n d ma s s a n d i n c r e a s e pr i v a c y fo r ad j a c e n t pr o p e r t i e s , an d th e ad d i t i o n of a “ C o m m u n i t y R o o m ” (w i t h ou t d o o r pa t i o a n d BB Q ) to cr e a t e a ga t h e r pl a c e to r e s i d e n t s . In ad d i t i o n , pr i v a t e de c k s w e r e li m i t e d to th e se c o n d fl o o r on l y an d re c e s s e d in or d e r to i n c r e a s e p r i v a c y . Ot h e r co n s i s t e n c y el e m e n t s in c l u d e : 1) th e ex t e r i o r ma t e r i a l s ar e a mi x t u r e of se v e r a l ma t e r i a l s to ad d in t e r e s t to al l bu i l d i n g e l e v a t i o n s an d cr e a t e a co n t e m p o r a r y lo o k fo r th e si t e ; 2) th e bu i l d i n g s a l o n g Me r r y d a l e Ro a d fr o n t a g e ar e or i e n t e d to th e st r e e t wi t h a de f i n e d pr i m a r y en t r y pa t h w a y ; 3) pa s e o s on th e s i t e an d th e cr e e k pr o m e n a d e wo u l d pr o m o t e pe d e s t r i a n ga t h e r i n g ; an d 4) a to t a l of 1 3 ex i s t i n g tr e e s wo u l d be pr e s e r v e d an d n e w la n d s c a p i n g w o u l d be ad d e d to th e si t e , in c l u d i n g 55 ne w t r e e s an d a va r i e t y of sh r u b s , en h a n c i n g th e ex i s t i n g ar e a wi t h fo l i a g e . 14 . 2 5 . 0 5 0 - Re v i e w Cr i t e r i a Pr o j e c t s mu s t me e t th e fo l l o w i n g de s i g n r e v i e w cr i t e r i a : e Co n s i s t e n c y wi t h G e n e r a l Pl a n de s i g n po l i c e s . e Co n s i s t e n c y wi t h Sp e c i f i c Pl a n s e De s i g n cr i t e r i a m u s t m e e t th e o b j e c t i v e s of Ch a p t e r 25 (D e s i g n Re v i e w ) , wh i c h in c l u d e en s u r i n g th a t th e de s i g n bl e n d s wi t h th e na t u r a l se t t i n g , ma i n t a i n s an d im p r o v e s th e q u a l i t y of an d re l a t i o n s h i p be t w e e n th e de v e l o p m e n t an d th e su r r o u n d i n g ar e a , pr e s e r v e th e ba l a n c e an d ha r m o n y wi t h i n a ne i g h b o r h o o d , pr o m o t e s ex c e l l e n c e in de s i g n , an d pr e s e r v e s an d en h a n c e s vi e w s . Si t e d e s i g n is ha r m o n i o u s am o n g s t st r u c t u r e s wi t h i n th e de v e l o p m e n t Co n s i s t e n t Se e Ge n e r a l Pl a n Co n s i s t e n c y Ta b l e (E x h i b i t 5) an d Se c t i o n 14 . 2 5 . 0 9 0 F i n d i n g s di s c u s s i o n be l o w . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e 6- 1 0 Fi l e #: Ti t l e : Ex h i b i t : Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T C O M P L I A N C E WI T H S A N R A F A E L ZO N I N G OR D I N A N C E ( T I T L E 1 4 ) an d e x i s t i n g de v e l o p m e n t i n th e vi c i n i t y , na t u r a l s i t e fe a t u r e s sh o u l d be pr o t e c t e d an d pr e s e r v e d , sa f e ac c e s s an d ad e q u a t e p a r k i n g sh o u l d be pr o v i d e d , dr a i n a g e sh o u l d be de s i g n e d to be en s u r e pr o p e r su r f a c e dr a i n a g e 14 . 2 5 . 0 9 0 - Fi n d i n g s C o n s i s t e n t Th e fo l l o w i n g fi n d i n g s m u s t be ma d e to ap p r o v e a De s i g n Re v i e w P e r m i t 1. T h e pr o p o s e d pr o j e c t as de s i g n e d an d co n d i t i o n e d wo u l d pr o m o t e th e go a l s an d e Pr o j e c t de s i g n is in ac c o r d wi t h th e ge n e r a l pl a n , th e ob j e c t i v e s of th e po l i c i e s of th e Sa n Ra f a e l Ge n e r a l Pl a n 20 2 0 (a s su m m a r i z e d be l o w an d di s c u s s e d in zo n i n g or d i n a n c e an d th e pu r p o s e s of th i s ch a p t e r ; de t a i l in th e Ge n e r a l Pl a n Co n s i s t e n c y T a b l e (E x h i b i t 5) . Th e pr o j e c t wo u l d be Pr o j e c t de s i g n is co n s i s t e n t wi t h al l ap p l i c a b l e si t e , ar c h i t e c t u r e an d co n s i s t e n t wi t h th e fo l l o w i n g : La n d Us e El e m e n t Po l i c i e s L U - 2 (D e v e l o p m e n t l a n d s c a p i n g d e s i g n cr i t e r i a an d g u i d e l i n e s fo r th e di s t r i c t in w h i c h th e Ti m i n g ) , ), LU - 8 (D e n s i t y of R e s id e n t i a l De v e l o p m e n t ) , LU - 1 0 (P l a n n e d D e v e l o p m e n t Zo n i n g ) , LU - 1 2 ( B u i l d i n g He i g h t s ) , LU - 2 3 (L a n d Us e Co m p a t i b i l i t y ) , LU - 2 3 (L a n d Us e Ma p a n d Ca t e g o r i e s ) , Ho u s i n g El e m e n t P o l i c i e s H- 2 (D e s i g n s th a t Fi t In t o Ne i g h b o r h o o d s ) , H- 3 (P u b l i c I n f o r m a t i o n a n d Pa r t i c i p a t i o n ) , H- 1 4 (A d e q u a t e Si t e s ) , H- 1 5 (I n f i l l Ne a r Tr a n s i t ) , an d H - 1 9 (I n c l u s i o n a r y Ho u s i n g ) , Ne i g h b o r h o o d s El e m e n t Po l i c y N H - 2 (N e w De v e l o p m e n t in Re s i d e n t i a l Ne i g h b o r h o o d s ) , N H - 3 (H o u s i n g Mi x ) , NH - 1 7 (C o m p e t i n g Co n c e r n s ) , NH - 1 5 1 ( N e w Dd e v e l o p m e n t ) , NH - 8 6 (D e s i g n Co n s i d e r a t i o n s fo r De v e l o p m e n t in th e Vi c i n i t y of t h e Ci v i c Ce n t e r ) , NH - 1 2 8 (S i d e w a l k Im p r o v e m e n t s ) , NH - 1 2 9 (N e i g h b o r h o o d Pa r k i n g ) , N H - 1 4 2 (R e d w o o d Hi g h w a y Im p r o v e m e n t s ) , an d NH - 1 4 8 (R e s i d e n t i a l Us e s at th e en d of M e r r y d a l e Ro a d ) , Co m m u n i t y De s i g n El e m e n t P o l i c i e s CD - 2 (N e i g h b o r h o o d I d e n t i t y ) , CD - 3 (N e i g h b o r h o o d s ) , CD - 5 (V i e w s ) , , C D - 1 1 (M u l t i f a m i l y De s i g n Gu i d e l i n e s ) , CD - 1 4 (R e c r e a t i o n a l F ac i l i t i e s ) , CD - 1 5 (P a r t i c i p a t i o n in Pr o j e c t Re v i e w ) , CD - 1 8 (L a n d s c a p i n g ) , CD - 1 9 (L i g h t i n g ) , Ci r c u l a t i o n Po l i c i e s C- 5 (T r a f f i c le v e l of Se r v i c e St a n d a r d s ) , C- 7 (C i r c u l a t i o n Im p r o v e m e n t s Fu n d i n g ) , C- 8 (E l i m i n a t i n g an d Sh i f t i n g Pe a k Ho u r Tr i p s ) , C- 9 (A c c e s s fo r Em e r g e n c y Se r v i c e s ) , C- 2 6 (B i c y c l e P l a n Im p l e m e n t a t i o n ) a n d C- 3 1 (R e s i d e n t i a l Ar e a Pa r k i n g ) , In f r a s t r u c t u r e E l e m e n t Po l i c i e s 1- 2 (A d e q u a c y of Ci t y In f r a s t r u c t u r e an d S e r v i c e s ) , an d 1- 1 0 (S e w e r F ac i l i t i e s ) , Sa f e t y El e m e n t P o l i c i e s : S- 1 ( L o c a t i o n o f Fu t u r e De v e l o p m e n t ) , S- 3 (U s e of Ha z a r d Ma p s in De v e l o p m e n t R e v i e w ) , S- 4 (G e o t e c h n i c a l Re v i e w ) , S- 6 (S e i s m i c Sa f e t y of Ne w Bu i l d i n g s ) , S- 1 8 (S t o r m Dr a i n a g e Im p r o v e m e n t s ) , S - 2 5 (R e g i o n a l Wa t e r Qu a l i t y Co n t r o l Bo a r d (R W Q C B ) R e q u i r e m e n t s ) , an d S- 3 2 (S a f e t y Re v i e w of De v e l o p m e n t Pr o j e c t s ) , Su s t a i n a b i l i t y El e m e n t Po l i c i e s SU - 5 (R e d u c e Us e of No n - R e n e w a b l e Re s o u r c e s ) , SU - 6 (R e s o u r c e Ef f i c i e n c y i n Si t e De v e l o p m e n t ) , SU - 7 (N e w an d Ex i s t i n g Tr e e s ) , SU - 1 0 (Z e r o Wa s t e ) , Cu l t u r e an d Ar t s El e m e n t Po l i c y CA - 1 5 (P r o t e c t i o n of Ar c h a e o l o g i c a l Re s o u r c e s ) , Pa r k an d Re c r e a t i o n El e m e n t Po l i c y PR - 1 0 (O n - s i t e ' si t e i s lo c a t e d Pr o j e c t de s i g n mi n i m i z e s ad v e r s e en v i r o n m e n t a l im p a c t s Pr o j e c t d e s i g n wi l l no t be de t r i m e n t a l to th e pu b l i c he a l t h , sa f e t y or w e l f a r e no r m a t e r i a l l y in j u r i o u s to p r o p e r t i e s or i m p r o v e m e n t s in th e v i c i n i t y . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6 - 1 1 Ex h i b i t 6 TA B L E A N A L Y Z I N G PR O J E C T CO M P L I A N C E WI T H S A N RA F A E L ZO N I N G OR D I N A N C E (T I T L E 14 ) Re c r e a t i o n Fa c i l i t i e s ) , No i s e El e m e n t Po l i c i e s N- 1 (N o i s e Im p a c t s on Ne w EM De v e l o p m e n t ) , N- 2 (E x t e r i o r No i s e Le v e l s fo r Re s i d e n t i a l Us e ) , N- 3 (P l a n n i n g an d De s i g n of Ne w De v e l o p m e n t ) , N- 4 (N o i s e fr o m Ne w No n r e s i d e n t i a l De v e l o p m e n t ) , N- 5 (T r a f f i c No i s e fr o m Ne w De v e l o p m e n t , Co n s e r v a t i o n El e m e n t Po l i c i e s CO N - 6 (C r e e k an d Dr a i n a g e w a y Se t b a c k s ) , CO N - 7 (P u b l i c Ac c e s s to Cr e e k s ) , CO N - 8 (E n h a n c e m e n t of Cr e e k s an d Dr a i n a g e w a y s ) , CO N - 9 (N a t i v e an d / o r Se n s i t i v e Ha b i t a t s ) , CO N - 1 4 (S p e c i a l St a t u s Sp e c i e s ) , an d CO N - 1 6 (L a n d s c a p e wi t h Na t i v e Pl a n t Sp e c i e s ) , Ai r an d Wa t e r Qu a l i t y El e m e n t Po l i c i e s : AW - 1 (S t a t e an d Fe d e r a l St a n d a r d s ) , AW - 2 (L a n d Us e Co m p a t i b i l i t y ) , AW - 4 (P a r t i c u l a t e Ma t t e r Po l l u t i o n Re d u c t i o n ) , AW - 7 (L o c a l , St a t e an d Fe d e r a l St a n d a r d s ) , an d AW - 8 (R e d u c e Po l l u t i o n fr o m Ur b a n Ru n o f f ) Th e pr o j e c t de s i g n , as pr o p o s e d an d as co n d i t i o n e d , is co n s i s t e n t wi t h th e ob j e c t i v e s an d cr i t e r i a of th e Zo n i n g Or d i n a n c e , an d th e pu r p o s e s of Ch a p t e r 25 (E n v i r o n m e n t a l an d De s i g n Re v i e w Pe r m i t ) in th a t : a) Th e de v e l o p m e n t pr e s e n t s a co m p e t e n t de s i g n th a t ha s be e n th o u g h t f u l l y st u d i e d an d pr e s e n t e d to th e De s i g n Re v i e w Bo a r d , bo t h as a co n c e p t u a l de s i g n an d th e n as a fo r m a l ap p l i c a t i o n de s i g n . Th e pr o p o s e d pr o j e c t si t e pl a n , bu i l d i n g de s i g n an d la n d s c a p i n g we r e re v i s e d to in c o r p o r a t e re c o m m e d a t i o n s by th e Bo a r d . Th e pr o p o s e d 3- s t o r y bu i l d i n g s ha v e be e n de s i g n to mi n i m i z e bu l k an d ma s s , an d th e he i g h t (3 3 . 5 ” ) is 2. 5 ’ lo w e r th a n th e 36 ’ he i g h t li m i t al l o w e d . A Co m m u n i t y Ro o m wa s ad d e d to th e si t e an d pe d e s t r i a n wa l k w a y s th r o u g h o u t th e si t e we r e en h a n c e d . Th e bu i l d i n g s co m p l y wi t h al l re q u i r e d se t b a c k s (f r o n t , si d e an d re a r ya r d s ) an d de c k s ha v e be e n de s i g n e d as re c e s s e d de c k s to pr e s e r v e pr i v a c y to ad j a c e n t pr o p e r t y wi n d o w s al o n g th e so u t h pr o p e r t y li n e . Th e pr o j e c t ha s al s o be re v i e w e d by th e Sa n Ra f a e l Me a d o w s Ne i g h b o r h o o d As s o c i a t i o n , as we l l as lo c a l re s i d e n t s du r i n g in f o r m a l pr o j e c t me e t i n g s wi t h th e ap p l i c a n t an d a fo r m a l Ne i g h b o r h o o d Me e t i n g (i n c l u d i n g a 15 - d a y no t i c e d se n t to pr o p e r t y ow n e r s an d te n a n t s wi t h i n 40 0 fe e t of th e pr o j e c t si t e ) . Th e de s i g n of th e pr o j e c t ha s be e n mo d i f i e d ba s e d on co m m e n t s fr o m bo t h re s i d e n t s an d th e Bo a r d . b ) Th e si t e pl a n re s p e c t s si t e fe a t u r e s an d co n s t r a i n t s by ma i n t a i n i n g a 25 ” se t b a c k fr o m La s Ga l l i n a s Cr e e k an d at th e sa m e ti m e , en h a m c i n g an d in c o r p o r a t i n g th e cr e e k in t o th e pr o j e c t is t e de s i g n . Th e so u t h ba n k of th e cr e e k wi t l l be en h a m c e s wi t h ve g e t a t i o n an d wi l l be de s i g n e d as a “c r e e k pr o m e n a d e ” ar e a , wi t h pa s s i v e re c r e a t i o n a l am e n i t i e s fo r ch i l d r e n an d a pe d e s t r i a n pa t h w a y wi t h li g h t i n g an d Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Fi l e +: ED 1 8 - 1 00 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 1 2 Ex h i b i t 6 TA B L E AN A L Y Z I N G PR O J E C T CO M P L I A N C E WI T H SA N RA F A E L ZO N I N G OR D I N A N C E (T I T L E 14 ) 3. be n c h e s . Th e pa t h w a y is de s i g n e d to al s o ac c o m m o d a t e ac c e s s as re q u i r e d by ma i n t e n a c e ve h i c l e s . Se v e r a l ex i s t i n g tr e e s (1 3 ) wi l l be pr e s e r v e d at th e pe r i m t e r of th e si t e an d ne w tr e e s (5 5 to t a l ) wi l l be pl a n t e d , in c l u d i n g ne w tr e e s al o n g bo t h th e Me e r y d a l e Ro a d an d Re d w o o d Hi g h w a y fr o n t a g e an d tr e e s al o n g th e so u t h pr o p e r t y li n e to pr o v i d e ad d i t i o n a l pr i v a c y to th e ad j a c e n t re s i d e n t i a l de v e l o p m e n t . c) Th e ma t e r i a l s an d co l o r s th a t ha v e be e n in c l u d e d in th e pr o p o s e d ar c h i t e c t u r e ar e co n s i s t e n t wi t h th e co n t e x t of th e su r r o u n d i n g ar e a . Sp e c i f i c a l l y , bu i l d i n g ma t e r i a l s ar e fl u s h , te x t u r e d an d ve r i t i c a l me t a l pa n e l s an d ro o f i n g an d bu i l d i n g co l o r s wo u l d be a co m b i n a t i o n of gr e e n , ta n an d br o w n co l o r s . Th e pr o p o s e d co l o r s an d ma t e r i a l s wo u l d ef f e c t i v e l e y bl e n d th e pr o p o s e d bu i l d i n g wi t h th e pr e d o m i n a n t co l o r s of th e su r r o u n d i n g na t u r a l se t t i n g . d) Th e pr o p o s e d si t e pl a n wo u l d ut i l i z e th e ex i s t i n g dr a i n a g e fa c i l i t i e s an d wo u l d no t al t e r th e dr a i n a g e pa t t e r n s of th e si t e . Fu r t h e r m o r e , th e pl a n wo u l d di r e c t al l ne w ru n - o f f to ve g e t a t e d sw a l e s to fi l t e r an y po l l u t a n t s fr o m th e ru n - o f f co n s i s t e n t wi t h st o r m wa t e r po l l u t i o n pr e v e n t i o n st a n d a r d s . ; Th e pr o j e c t de s i g n wi t h co n d i t i o n s mi n m i z e s ad v e r s e en v i r o n m e n t a l im p a c t s in th a t : a) Th e bu i l d i n g an d si t e im p r o v e m e n t ar e si t e d to pr o v i d e ad e q u a t e se t b a c k s fr o m th e cr e e k to th e no r t h . b) Th e pr o j e c t wo u l d no t ca u s e th e le v e l of se r v i c e at ne a r b y in t e r s e c t i o n s to ex c e e d th e st a n d a r d s of th e Ge n e r a l Pl a n . Fu r t h e r m o r e , th e pr o j e c t wo u l d be re q u i r e d to pa y it s fa i r sh a r e of tr a f f i c mi t i g a t i o n fe e s to co n t r i b u t e to a pl a n n e d , ar e a - w i d e tr a f f i c im p r o v e m e n t s in th e No r t h Sa n Ra f a e l ar e a . c) En v i r o n m e n t a l im p a c t s ha v e be e n ad d r e s s e d th r o u g h th e pr e p a r a t i o n of an In i t i a l St u d y an d Mi t i g a t e d Ne g a t i v e De c l a r a t i o n (I S / M N D ) pr e p a r e d fo r th e pr o j e c t co n s i s t e n t wi t h th e re q u i r e m e n t s of th e Ca l i f o r n i a En v i r o n m e n t a l Qu a l i t y Ac t (C E Q A ) . Th e IS / M N D co n c l u d e d th a t th e pr o p o s e d pr o j e c t wo u l d re s u l t in po t e n t i a l l y si g n i f i c a n t im p a c t s in Ae s t h e t i c s , Ai r Qu a l i t y , Bi o l o g i c a l Re s o u r c e s , Cu l t u r a l Re s o u r c e s , Hy d r o l o g y an d Wa t e r Qu a l i t y , No i s e , Tr a n s p o r t a t i o n , an d Tr i b a l Re s o u r c e s . Th e pr o j e c t im p a c t s wo u l d be mi t i g a t e d to a le s s - t h a n - si g n i f i c a n t le v e l th r o u g h im p l e m e n t a t i o n of re c o m m e n d e d mi t i g a t i o n me a s u r e s or th r o u g h co m p l i a n c e wi t h ex i s t i n g Mu n i c i p a l Co d e re q u i r e m e n t s or Ci t y st a n d a r d s . Re c o m m e n d e d me a s u r e s ar e su m m a r i z e d in th e at t a c h e d Mi t i g a t i o n Mo n i t o r i n g an d Re p o r t i n g Pl a n (M M R P ) an d IS / M N D . | Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Rd / 3 8 3 3 Re d w o o d Hw y . Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 1 3 Ex h i b i t 6 TA B L E AN A L Y Z I N G PR O J E C T CO M P L I A N C E WI T H SA N RA F A E L ZO N I N G OR D I N A N C E (T I T L E 14 ) 4. Th e pr o j e c t de s i g n , as pr o p o s e d an d as co n d i t i o n e d , wi l l no t be de t r i m e n t a l to th e pu b l i c he a l t h , sa f e t y or we l f a r e , no r ma t e r i a l l y in j u r i o u s to pr o p e r t i e s or im p r o v e m e n t s in th e vi c i n i t y in th a t : a) Th e en v i r o n m e n t a l im p a c t s as s o c i a t e d wi t h th e de v e l o p m e n t of th e pr o j e c t ha v e be e n as s e s s e d an d th e pr o j e c t im p a c t s ca n be mi t i g a t e d to le s s - t h a n - s i g n i f i c a n t le v e l s wi t h th e im p l e m e n t a t i o n of sp e c i f i c mi t i g a t i o n me a s u r e s as di s c u s s e d in En v i r o n m e n t a l an d De s i g n Re v i e w Pe r m i t Fi n d i n g #3 ab o v e . b) Th e pr o j e c t de s i g n wo u l d bl e n d wi t h th e su r r o u n d i n g ne i g h b o r h o o d on Me r r y d a l e Ro a d , ac t i n g as a tr a n s i t i o n a l us e in an ar e a wh i c h ha s bo t h co m m e r c i a l , si n g l e - fa m i l y an d mu l t i - f a m i l y de v e l o p m e n t . Th e pr o j e c t wo u l d al s o pr e s e r v e th e na t u r a l en v i r o n m e n t of th e ex i s t i n g La s Ga l l i n a s Cr e e k on th e no r t h si d e of th e pr o p e r t y by pl a n t i n g tr e e s an d cr e a t i n g a pe d e s t r i a n wa l k w a y / p a s s i v e re c r e a t i o n a l pl a y ar e a . Fu r t h e r m o r e , th e pr o j e c t ’ s si t i n g , sc a l e an d ma s s ha s be e n de s i g n e d to mi n i m i z e vi s u a l im p a c t s on ad j a c e n t pr o p e r t i e s , an d th e ne w li g h t i n g is - w i t h i n th e 1 fo o t - ca n d l e (F c ) li m i t al o n g th e pr o p e r t y li n e . A si t e is su b j e c t to a co n d i t i o n of ap p r o v a l re q u i r i n g a 90 - d a y li g h t i n g re v i e w to ad j u s t li g h t i n g le v e l s an d re d u c e gl a r e as ne e d e d to el i m i n a t e sp i l l o v e r gl a r e on t o ad j a c e n t pr o p e r t i e s . c) Th e pr o j e c t si t e (r e z o n e d as a ne w PD ) wo u l d me e t al l de v e l o p m e n t st a n d a r d s fo r th e HR 1 zo n i n g di s t r i c t an d wi l l co m p l y wi t h th e 25 ’ cr e e k se t b a c k re q u i r e m e n t wh i l e en h a n c i n g th e cr e e k an d pr o v i d i n g fo r re c r e a t i o n a l am e n i t i e s . Th e cr e e k pr o m e n a d e is al s o de s i g n to ac c o m m o d a t e a “d u a l us e pa t h ” to al l o w a 10 ” wi d e pa t h w a y fo r ma i n t e n a n c e ve h i c l e ac c e s s . d) Th e pr o j e c t si t e co n t a i n s ex i s t i n g st o r m dr a i n sy s t e m s se r v i n g th e su r f a c e pa r k i n g lo t an d of f i c e bu i l d i n g ro o f ar e a s . Th e ne w de v e l o p m e n t wi l l re p l a c e an ex i s t i n g pa r k i n g lo t an d si m i l a r st r u c t u r e s on si t e bu t ad d mo r e la n d s c a p i n g . Th e pr o j e c t pr o p o s e s ne w st o r m wa t e r ma n a g e m e n t in c l u d i n g ad d i n g ne w bi o - r e t e n t i o n ar e a s to co n t r o l st o r m w a t e r ru n o f f . As a re s u l t , th e r e wo u l d be a ne t de c r e a s e in th e im p e r v i o u s su r f a c e ar e a on si t e . Th e pr e l i m i n a r y st o r m w a t e r co n t r o l pl a n ha s be e n re v i e w e d an d re c o m m e n d e d fo r ap p r o v a l by th e Ci t y En g i n e e r . A fi n a l dr a i n a g e pl a n is re q u i r e d to be re v i e w e d an d ap p r o v e d by th e Ci t y En g i n e e r fo r co m p l i a n c e wi t h th e St o r m w a t e r Po l l u t i o n pr e v e n t i o n pr o g r a m (S W P P P ) . Ne w 45 - U n i t Re s i d e n t i a l Co n d o m i n i u m To w n h o m e s 35 0 Me r r y d a l e Ra / 3 8 3 3 Re d w o o d Hw y . Fi l e #: ED 1 8 - 1 0 0 / T S 1 8 - 0 0 6 / E X 1 9 - 0 1 2 / U P 1 8 - 0 3 9 Ti t l e : Zo n i n g Or d i n a n c e Co n s i s t e n c y Ta b l e Ex h i b i t : 6- 1 4 TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL SUBDIVISION ORDINANCE (TITLE 15) CHAPTER 15.02 — MAJOR SUBDIVISIONS 15.01.120 (Findings for Exceptions): The Planning Commission shall make the following findings, which shall be included in the record of action on the map application: Conforms 1. That there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception to requirements per Chapter 15.06.050 (c) which requires a minimum right-of-way of 60 feet for local streets, and a minimum pavement width of 40’. The project site is located at the terminus of Redwood Hwy and near the end of Merrydale Road. The site comprises 2.28 acres but is encumbered by the Marin County Flood Control District (Creek) easement and the City of San Rafael maintenance easement totaling 0.32 acres reducing the net area of the Project Site available for development to 1.96 acres. In addition, the east property line is bounded by the Caltrans right- of-way (ROW) for US Hwy 101, which limits access. The project is requesting an exception to allow a private street with an easement of 30” and a minimum pavement width of 20” and also providing at least one sidewalk. In order to provide the required back-up distance for the garages and provide sidewalks to allow pedestrian walkways, the exception to the roadway width was proposed. In addition, the site design included the creation of a new “through” street, providing access from Redwood Highway (Private Street “B”) via Private Street “A” to Merrydale Road. (1) That there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception; (2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner; and (3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner. The property is designed as for-sale condominiums. In order to provide quality of design that fits into the character of the neighborhood, with ample access to a garage, common open space and private patios, the proposed exception would preserve the owner’s ability to align the proposed subdivision more closely with the target density. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. The reduced ROW and pavement width would have minimal impacts as the site is near the terminus of Merrydale Road and the City streets of Merrydale Road and Redwood Hwy are the primary routes for adjacent properties and the proposed privately maintained roads primarily serve the residential development itself. Future through traffic is hindered by the nearby SMART train ROW and Caltrans ROW. The 30’ wide roadway provides the full width necessary for emergence vehicle access. EXHIBIT 7 TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL SUBDIVISION ORDINANCE (TITLE 15) Therefore, there is no detriment to public welfare and does not cause injury to adjacent properties. 15.02.080 Findings required. (a) Findings for Approval. Approval or conditional approval of a tentative map shall be supported by the following findings: (1) The proposed map including the design or improvement of the proposed subdivision is consistent with the San Rafael general plan and any applicable, adopted specific plan or neighborhood plan. (2) The property subject to subdivision is physically suitable for the type, density and intensity of development that is proposed. (3) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (4) The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems. (5) The design of the subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city may approve the map if it is determined that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired or secured for public use. Conforms 1. The proposed map is consistent with the San Rafael General Plan as noted on Page XX of the staff to the Planning Commission. There is no adopted specific plan or neighborhood plan for the project. area. However, staff has evaluated the site for consistency with the Civic Center Area Station Plan, which covers areas within % mile of the Civic Center SMART Station. See discussion in the General Plan 2020 Consistency Table (Exhibit 6). 2. The property is currently zoned PD(1594) and operates under a Use Permit for a training facility and office use on site. The project site is physically suitable for the type, density and intensity of the proposed 45-unit residential development project in that: a) Adequate water, sewer and other utility services systems are available to serve the proposed site. Each of the agencies have reviewed the uses and improvements of the project and indicated that there is adequate capacity for this development. b) More than adequate landscaping and usable open space area is provided as indicated in the landscape plan and through the provision of a combination of private decks, common usable space and a new enhanced “creek promenade” area adjacent to Las Gallinas Creek that would provide a landscaped walkway, benches and passive recreational activities for children. The project is consistent with the General Plan density requirements on the project site (15-23 units/acre or 34-72 units). The project also would provide nine (9) affordable units (5 low-income and 4 moderate-income level) thereby qualifying for 1 concession. d) The project proposes to construct 45 condominium units. Using the one concession allowed under the state density bonus for the percentage of dedicated units on the project site, the project is proposing to provide a total of 20 tandem garage parking spaces out of the 94 total parking spaces on site. 3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the subject property: a) is currently a graded and TABLE ANALYZING PROJE CT COMPLIANCE WITH SAN RAFAEL SUBDIVISION ORDINANCE (TITLE 15) developed site and no known environmental resources are found on this site or immediately surrounding the site; b) a Biological Site Constraints Report and field assessment was submitted by WRA, Inc in March 2018. The report determined no federally-protected species or habitats existed on the project site. However, the report recommended a condition of approval to require pre-construction nesting bird surveys and surveys of any trees proposed for removal in order to protect potential bat roosting locations. Specific language is included in the IS/MND Mitigation as BIO-1 in the Mitigation Monitoring Report Program. 4.The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems in that: a) the project is an infill site located in an urban area that is surrounded by development on all sides; b) the entire site has been formerly graded and developed and there are no known endangered, rare or threatened species on the site or in the immediate surroundings; c) the project has been reviewed by the City’s Traffic Division and determined to result in 17 additional AM peak hour trips and 19 PM peak hour trips and determined to have no impact on LOS in the area; d) all utlility agencies have indicated that they can provide required services to the new development, and e) an Initial Study/Mitigated Negative Declaration has been prepared and all impacts identified have been mitigated to a less-than-significant level. 5, The site comprises 2.28 acres but is encumbered by the Marin County Flood Control District (Creek) easement and the City of San Rafael maintenance easement totaling 0.32 acres reducing the net area of the Project Site available for development to 1.96 acres. In addition, the east property line is bounded by the Caltrans right-of-way (ROW) for US Hwy 101, which limits access. The project is requesting an exception to allow a private street with an easement of 30” and a minimum pavement width of 20” and also providing at least one sidewalk. In order to provide the required back-up distance for the garages and provide sidewalks to allow pedestrian walkways, the exception to the roadway width was proposed. In addition, the site design included the creation of a new “through” street, providing access from Redwood Highway (Private Street “B”) via Private Street “A” to Merrydale Road. TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL SUBDIVISION ORDINANCE (TITLE 15) 15.06.050 (Street Classification and Requirements) Conforms with Exception approval Chapter 15.06.050 (c) which requires a minimum right-of-way of 60 feet for local streets, and a minimum pavement width of 40’. The project is requesting an Exception to allow a private street with an easement of 30’ and a minimum pavement width of 20’ and also providing at least one sidewalk. See Exception Findings discussion above. CHAPTER 12 — CONDOMINIUMS 15.12.030 Subdivision map. All condominiums of two (2) or more units shall be subject to planning commission approval of a tentative map filed in accordance with this title. 15.12.050 Property owner’s association a) For all condominiums, a property owners’ association shall be established by recordation of the following: (1) Articles of incorporation of the association; Conforms The applicant has submitted for a Tentative Map approval for 45 air condominiums on the site. The development proposal has already received conditional design review approval and the Commission is now only reviewing the proposed Tentative Map for a major subdivision. Conforms As proposed, this project would comply with Section 15.12.050 in that the project would establish a property owners’ association for the management of TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL SUBDIVISION ORDINANCE (TITLE 15) (2) Declaration of covenants, conditions and restrictions (CC & Rs); (3) Bylaws of the association. 15.12.060 Recreational facilities, residential condominiums All residential condominium developments shall be designed to include the following recreational facilities: (a) Community center or recreational center buildings shall be provided within the development. (b) Bicycle and pedestrian paths shall be provided through the open, common areas of the development. (c) Common areas for outdoor, active and passive recreation shall be provided in central locations throughout the development. For small residential condominium developments, these recreational facility requirements may be reduced or waived based on development size, location and physical property conditions. Should a waiver from these requirements be requested by the subdivider, an exception to the provisions of this title shall be filed and processed consistent with Section 15.01.120 of this title. 15.12.070 Noise attenuation, residential condominiums. All condominiums shall meet the sound transmission control requirements of the Uniform Building Code. the common area proposed within the development and the establishment of declaration of covenants, conditions and restrictions (CC&R’s), and bylaws of the association. The CC&R’s would include language for maintenance, access, utilities, shared costs and proposed use within the condominiums. CC&R’s would have to be submitted and reviewed to the satisfaction of the City Attorney’s office prior to recordation of the Final Map if this project is approved. Conforms The project would provide a 500 sf Community Room equipped with a kitchen area, bathroom, storage area and interior space for tables/chairs and a ping pong table. The Community Room would open up to an additional 500 sf outdoor deck/BBQ area. The site would have pedestrian walkways (“paseos”) throughout the site, connecting residents with the new creek promenade area, which is also designed with benches and passive recreational areas for children. Conforms The compliance with section would be required with the building permit process. In addition, recommendations in the Illingworth and Rodkin Acoustical Report, specify requirements regarding noise reduction construction design. Per Design Review Permit (ED18-100) COA #26, Prior to issuance of the building permit, the project plans shall provide information on the building permit plans to show compliance with noise Mitigation Measures recommended on Page 74 of the Noise Assessment regarding required forced-air ventilation and STC rated windows on all buildings. Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the Nosie Report. 350 MERRYDALE ROAD, SAN RAFAEL NOVEMBER 2019 Environmental and Design Review Tentative Map Re-Zoning to new Planned Development Environmental Review Affordable Housing Ordinance/Density Bonus Law Requests ED18-100/TS18-006/UP18-039/1518 -001/NM18-001 PROJECT SETTING The proposed Project is located at the end of the south portion of Merrydale Road and Redwood Highway close to the new Civic Center SMART station in an area comprising a combination of commercial and residential uses. Redwood Highway presently dead ends into the Project site. Nearby commercial uses are generally located to the south along the Highway 101 frontage road, Redwood Highway, the exception being the soon to be built Oakmont senior living facility. A public storage facility is located directly to the north. Multifamily residential condos and apartments are located to the south along the east side of Merrydale Road. The predominantly one-story Rafael Meadows residential neighborhood is to the west. The Highway 101 right-of-way forms the Project site’s eastern boundary, though the Highway is elevated by as much as 18 feet to 8 feet above the Project site. Las Gallinas Creek straddles the northern property line and an unidentified drainageway straddles the eastern property line. The southern bank of Las Gallinas Creek generally comprises rip rap placed there some years ago by the City of San Rafael for erosion control. The western bank of the drainageway is unimproved. The top of bank of each is almost 100% well defined with a 6” curb. The Project site was improved in the late 1950s with school buildings and playground/parking lot. The Project site enjoys excellent views of the surrounding hills, the Civic Center and the wetlands to the east over the freeway. The Project site is easily walkable to the SMART station, commuter and local buses, Civic Center area employment opportunities, Northgate Mall and local shops, restaurants and service businesses. School children attend Venetia Valley (K-8) Elementary School and San Rafael High or Terra Linda High School. EXHIBIT 8 PROJECT DESCRIPTION The goal of the Project is to provide attractive yet affordable work force housing for a range of family sizes at a density that is appropriate to its location and to community goals. The project consists of a mixture of 45 for-sale townhomes and stacked flats, and a Community Room on an approximate 2.28-acre site. The Project site has primary access from Merrydale Road and secondary access from Redwood Highway. A new T-shaped private road will link Merrydale Road with Redwood Highway. There are 41 three-story townhomes proposed and 4 stacked flats in 5 different building types. A total of 9 buildings will range from 4 to 8 units. Building 4 will include 4 stacked flats over parking at one end, and over parking and the Community Room at the other end. The project will provide 20% of the units (9 units) for sale to persons of Low and Moderate Income earning 50-80% and 80-120 % respectively of the Area Wide Median Income adjusted for family size. Five (5) units will be affordable to persons of Low Income and four (4) units affordable to persons of Moderate Income. The location of the Low and Moderate Income units are shown on the plans. The Project has generally been oriented to the north and west to take advantage of the view opportunities and to provide an attractive Merrydale Road street frontage, and to celebrate the creek with a dual-purpose Creek Promenade. This orientation has the additional advantage of limited exposure to the freeway and providing a noise block to the adjacent Rafael Meadows neighborhood. The Merrydale Road frontage will be improved with new curb, gutter, sidewalk and landscaping providing for 9 street parking spaces. In addition to the new Merrydale Road sidewalk, pedestrian access will be available along the Creek Promenade and Private Street A and Private Street B providing continuous pedestrian access from Redwood Highway to Merrydale Road. Primary vehicular access will be from Merrydale Road via a two-way street (Private Street A), and from Redwood Boulevard via a two-way street (Private Street B). All sides of each building will be within 150 feet fire hose pull length of any fire apparatus parked equipment. At least one side of each building will have an eave height not to exceed 30 feet. Therefore, no aerial ladder fire truck access will be necessary. Architecture The architecture for 350 Merrydale Road is inspired by its dynamic, transitional setting which is nestled between an existing neighborhood of single-family homes, apartments, commercial buildings and Highway 101. Fresh, contemporary styling is created through the use of a mix of modern and classic materials: stone, glass, and plaster. The elegant, rectilinear massing of the building is balanced by numerous projections and recesses, positive and negative planes that produce articulation, movement, and deep shadows. A playful and interesting facade that continues on all four sides of each building is enhanced with the use of a smooth plaster wall surface. The plaster walls are further enhanced with strategically placed score lines and a rich palate of three different colors that provide interest and variety while maintaining a continuity of design. Accents of different materials such as horizontal wood toned siding appear at the projections as well as a neutral colored cut stone that grounds the buildings at the base and provides a rich texture for the pedestrian. To achieve an elegant and timeless look, additional details consist of contemporary windows, simple posts, wire mesh railings and composition shingle roofing. Furthermore, each unit attains an identity through varied entry door colors. The fourth level roof decks have been eliminated to reduce the height, mass and bulk and to enhance the privacy of adjacent properties. To further protect privacy, the private, useable outdoor living spaces are limited to decks at the second level rather than at the fourth level. Landscape Plan The proposed landscape plan includes Merrydale Road frontage, two pedestrian Paseos, and the dual-purpose Creek Promenade. The homes along Merrydale Road are proposed to have private front patios with low stucco walls and gates to promote interface with neighbors, while creating a sense of separation from the street. The Paseo between Buildings 7 and 8 is 23 feet wide and provides access to the entries of the homes at either side. It has a central planter which serves as a bio-filtration treatment area. Two decks span the central planter, creating points of connection from the front walks. These decks have bench seating to foster neighbor interaction. The Paseo between Buildings 2, 3 and 4 is 29 feet wide and provides access to the entries of Building 2 and connectivity to the Creek Promenade. This Paseo also has a central planter which serves as a bio-filtration treatment area. There is a Boardwalk proposed which spans the center of the planter and provides a connection from the Paseo walk to Private Alley 2. Alarge 480 sq. ft. deck area is proposed off of the Community Room to serve as space for the residents to gather. This deck is furnished with tables and planters with vertical screens and vine plantings to provide separation to the adjacent entries at Building 2. Dual Purpose Creek Promenade A key feature of the Project is the Creek Promenade. The Creek Promenade has been designed to celebrate the Creek as opposed to turning the Project’s back or side onto it. The Creek Promenade will be dual purpose combining pedestrian access, passive outdoor use and children’s play opportunities with the occasional creek maintenance requirements. A segregated dual purpose 10’ wide linear path will be provided with trees on the creek side. Vehicular access for Marin County Flood Control District (MCFCD)/City of San Rafael creek maintenance vehicles will be provided from Private Alley 1 and Private Street B at which points there will be reinforced paved concrete pads for a crane to use in the event a tree needs to be removed from the creek. Three sections of removable fence will be provided for direct creek access. The creek and the freeway drainageway will be protected from the migration of debris and other objects with a continuous mesh fence along the top of bank. The top of creek bank will be lined with trees. Privacy Concerns At the August 2018 Conceptual Design Review Meeting a small number of homeowners from the San Rafael Meadows neighborhood expressed concerns about potential view and privacy impacts to their homes on Las Flores. All but one of the Las Flores homes have one or more mature trees that at least partially block views of the Project. Further to address those concerns the proposal for roof top decks on Buildings 1 and 9 units was dropped and a line of trees has been included on the Merrydale frontage. Views of the July 4* fireworks from the Las Flores homes should not be materially blocked. At the same DRB meeting, one tenant of the northernmost building of the Monte Vista Apartments (300 Merrydale Road) expressed concerns about the potential loss of privacy resulting from the side windows of Buildings 7, 8 and 9. There are 8 units in this two story building, each with one or two bedroom windows (and a small high level frosted bathroom window) facing the Project. Five mature and tall (40’) California Bays and a substantial and mature property line shrub screen (15’) are located between the Monte Vista building and the property line providing adequate privacy screening. Additionally, a substantial and mature property line shrub screen (15’) along with three trees (#42, #43 and #44) are located to the east screening the Monte Vista Apartments pool. Trees #42, #43 and #44 were previously proposed for removal but are now proposed to be retained. However tree #34 located on the south west corner of the Project site is proposed to be removed because of its poor health and condition, and the manner in which it encroaches into the public right of way. This should not impact privacy of the pool area from the Project. To further address the privacy concerns of the Monte Vista apartment tenants we will provide high level windows, with frosted glass on bathroom windows, only on the south side of Buildings 7, 8 and 9. Townhomes (All Buildings) Individual homes will all generally be accessed from Merrydale Road, the new T-shaped private street, the Creek Promenade and the Paseos. In all cases garage access will be from the opposite side of the primary access, and all units, except the flats, will have direct access from the garages to the homes. Generally, bedrooms are located on the top floor with living spaces on the middle floor. Only access and garage spaces are on the ground floor of Plans 1 and 2. Plan 3 is a deeper unit allowing for a 4t bedroom option on the ground floor along with access and garage spaces. There are 10 of these units, up to 8 will have the 4th bedroom option. In the other 2, that space will be a bonus room used for any one of a variety of home-based uses such as a kid’s playroom, home office, TV room or even storage. Building 4/Stacked Flats/Community Room Building 4 comprises one Plan 1, two Plan 3s, four stacked flats and a Community Room. The Community Room will be located at the west end of the building adjoining the Paseo so that a patio over a portion of the bio-retention area can be provided. A kitchen, bathroom and storage area will be provided as part of the Community Room. The intent of the Community Room is to keep it flexible so that a variety of uses may be accommodated, such as meetings, card games, after school homework room and the like. Two single car garages will be located to the rear and two stacked flats will be located above (Plan 4 and Plan 5) the Community Room. At the east end of Building 4 there will also be two stacked flats (Plan AX and Plan 5X slightly modified for this location closer to the freeway and close to the trash enclosure). In this location, Plan 4X will have a one-car garage and Plan 5X will have a 2-car tandem garage. Plan Types There will be 5 different Plan Types comprising a mixture of 2-, 3- and 4-bedroom units (with some variations). Plan 1 (1,285 sq. ft.) is a three-story 2-bed/ 2.5 bath with tandem garage townhome unit. Plan 2 (1,461 sq. ft.) is also a three-story 2-bed/2.5 bath townhome unit but with a conventional side by side 2-car garage. Plan 2X (1,461 sq. ft.) is the same as Plan 2 but with 3 beds/3.5 baths. Plan 3 (2,116 sq. ft.) is a three-story 3-bed/2.5 bath plus bonus room with a 2-car side by side garage townhome unit with an option for a ath bedroom in lieu of a bonus room. The 4th bedroom option will be available for up to 8 of the 10 Plan 3 units. Plan 4 (785 sq. ft.) and Plan 4X (741 sq. ft.) is a second level 2-bed/1 bath stacked flat with a 1- car garage. Plan 5 (836 sq. ft.) and Plan 5X (836 sq. ft.) is a third level 2-bed/2 bath stacked flat. Plan 5 has a one-car garage, Plan 5X has a two-car tandem garage. UNIT SUMMARY Private Open Space/ Unit # of # of Garage Bedrooms/ | Bathrooms/ Parking/ * Measured from the exterior wall, excluding garage ** Units 4, 9, 18, 24 (2nd floor), 19 (second floor), 29, 30, 36 and 43 are BMR units. See SP2 for details. Parking Since the Project is a residential development project of five (5) or more units, providing 20% of the units as affordable to persons of Low and Moderate Income, the applicable parking standards are those provided in San Rafael Municipal Code 5.14.16.030.H.3.a.i. Maximum Affordable Housing Required Parking: San Rafael Municipal Code s. 14.16.030. H. 3. a. i. Concession not requiring Financial Pro Forma inclusive of tandem, handicapped and guest: 0 二 1 bedroom dwelling unit 1 on-site parking space 2—3 bedroom dwelling units 2 on-site parking spaces A or more bedroom dwelling units 2.5 parking spaces San Rafael Municipal Code s. 14.18.040. A Table 14.18.040 does not apply. REQUIRED PARKING Unit Type Quantity # of Bedrooms Required Parking/Unit Total Required Parking PLAN 5X ie Provided On-street On-site Parking Total Provided Parking Provided Garage Parking Provided Garage Parking/Unit Unit Type Quantity Note that there is a total of 10 Plan 3s, up to 8 of which will have the option of having a ground level 4th bedroom, increasing the parking requirement to 2.5 spaces per unit inclusive of guest and handicap parking. These 8 units will be selected at the time of sale. The remaining 2 units will have a ground level bonus room instead of a 4th bedroom. Of the 7 on street parking spaces one will be assigned to Unit 25. Units 19 and 24 will not have an assigned on-street parking space. All units have at least one covered space in garages. Garages will be provided with Electric Vehicle hookups. - Easements The property is constrained by 5 easements, 3 of which are currently paved: 1. A25 feet wide Marin County Flood Control District (MCFCD) flood control easement (the creek). This easement is to remain. A 15 feet wide Marin County Flood Control District (MCFCD) maintenance access easement immediately adjacent to the 25 feet wide MCFD flood control easement. This easement was Quit Claimed to the City of San Rafael in 1977. Maintenance appears to be administered by the MCFCD but is expected to be the responsibility of the City of San Rafael in the future. This easement is to remain unless the City of San Rael or Marin County reuire that it be re-written. In addition a Public Access Easement/Public Utility Easement (PAE/PUE) will be provided atthe time of recordation of the Final Map. This PAE/PUE will cover a portion of the Creek Promenade. A north south easement of variable width for Roadway and Utility purposes to an unstated party but presumably to the City of San Rafael along the eastern (freeway) property line. This easement is to remain. In addition, a Public Access Easement/Public Utility Easement (PAE/PUE) will be provided at the time of recordation of the Final Map. This PAE/PUE comprises Private Street B providing pedestrian, vehicular, fire truck and trash truck access and required parking. A north south Las Gallinas Valley sewer easement, a portion of which is currently unoccupied. This easement is to be Quit Claimed and replaced with a PAE/PUE at the time of recordation of the Final Map. An east west private water line easement serving the property to the south. This easement is to remain. Upon recordation of the Final Map, all maintenance responsibilities of the PAE/PUE easement areas will become the responsibility of the owner, and subsequently the Home Owners Association. Site Area The gross acreage of the Project site is reduced by the MCFCD/City of San Rafael easements as follows: Gross Area: 2.28 acres Less: MCECD 25-foot wide flood control easement (0.21 acres) MCFCD 15-foot wide maintenance easement (0.11acres) City of San Rafael Roadway/Utility easement (0.25 acres) Overlap of easements 0.03 acres Net Area exclusive of easements 1.74 acres The existing improvements cover almost 100% of the Project site when the MCFCD easement (creek) and the freeway drainage drainageway are excluded. The Project is contained within the existing development envelope. No encroachment is proposed within the MCFCD (creek) Easement or the freeway drainageway except that a new storm water outfall will be required with a 5.1602 permit from the California Department of Fish and Wildlife (CDFW) to replace an existing one. The new storm water outfall will be above the High Tide Mark of the Las Gallinas Creek. Therefore, no Army Corps of Engineers (ACE) s. 404 permit will be required. Both the MCFCD and the City of San Rafael require that the Project respect the creek and the maintenance easement, and that no fixed vertical improvements be installed in them, though the planting of trees at the top of bank has been allowed. The MCFCD/City of San Rafael February 2019 Joint Agencies Guidelines were used to design the most user-friendly dual- purpose Creek Promenade possible while providing adequate vehicular access for maintenance purposes. Jurisdictional Agencies The Applicant met with the Marin Interagency Project Coordination Committee on January 4, 2019 and April 2, 2019. On each occasion the focus was on anything that might encroach into the relevant agency's jurisdiction such as the storm water outfall and any planting at the top of bank. Since the proposed outfall does not fall below the High Tide Mark, ACE will not take jurisdiction and will provide written confirmation of this when requested. The other agencies said that they are not allowed to comment in writing without a permit application. There was no objection from any agency to planting trees at the top of bank provided they do not destabilize the bank. Creek Setback: No Concession/Incentive or Modification/Waiver required. San Rafael Municipal Code s. 14.16.080 Creeks and Other Watercourses requires a setback of between 25’ and 100’ between any structure and high top of bank. To accommodate the proposed Project at the density proposed and with the Concessions/Incentives, Modifications/Waivers and Parking Reductions allowed, Applicant is requesting a creek setback of 25 feet. The criteria for determining the amount of setback is set forth in San Rafael Municipal Code s. 14.16.080. C. 1. The setback provides for adequate maintenance, emergency vehicle access, adequate debris flow avalanche corridors, flood control and protection from damage due to stream bank undercutting. The proposed 25-foot setback from top of bank including the existing 15-foot MCFCD maintenance easement from top of bank in addition to two reinforced concrete crane pads provides MCFCD maintenance access, emergency vehicle access, adequate debris flow avalanche corridors, flood control and protection from damage due to stream bank undercutting. 2. The setback adequately protects and preserves native riparian and wildlife habitat. According to the biological report prepared by WRA dated March 28, 2018 neither the portion (south bank) of the creek or the portion (west bank) of the freeway drainageway located on the Project site support any native riparian vegetation and provide only marginal habitat for wildlife. The Project does not propose to impact either the creek, the banks of the creek or the freeway drainageway. Development will be confined to the existing developed envelope. 3. The setback protects major view corridors and provides for recreation opportunities where appropriate. There are presently no major view corridors from the Project site or the proposed setback. A one- and two-story storage facility is located directly to the north, the elevated freeway is located to the east, the area to the south is completely developed with residential and commercial uses and the area to the west comprises the Rafael Meadows neighborhood. 4. The setback permits the provision of adequate and attractive natural landscaping. The setback is at least partially constrained by the MCFCD maintenance easement and the City of San Rafael roadway and utility easement. The Project proposes the use of adequate and natural landscaping to the extent permitted by the February 2019 Joint Agencies Guidelines. San Rafael Municipal Code s. 14.16.080. E provides development guidelines for improvements within creek setbacks: Development Guidelines. Pedestrian and bicycle access is encouraged along creek and drainage way corridors where feasible. However, they should be designed and located so as not to adversely affect important habitat areas. Creeks and drainageways should also be enhanced where feasible to serve as wildlife habitat as well as drainage facilities. 10 All ofthe proposed improvements within the 25-foot creek setback are feasible and appropriate. Utility closet doors at the north end of Buildings 1 and 2, when opened, do encroach into the 25-foot creek setback by up to the full width of the door (3 feet). This would occur ona few occasions each month and is better than leaving the closets open. Metal roll up shutter doors cannot be used to screen gas meters. While closet doors are technically part of the building structure, the doors themselves are not structures. San Rafael Municipal Code s. 14.16.080 Creeks and Other Watercourses requires a setback of between 25’ and 100’ between any structure and high top of bank, not appurtenances to the structure. Tentative Map San Rafael Municipal Code 5.15.02.040 The Tentative Map shows just one Common Parcel with PAE and PUE in addition to the existing waterline easement benefiting the adjoining property which is to remain. Proposed site improvements (at a conceptual level) are shown on the Tentative Map prepared by BKF Engineers dated April 2019. Private site improvements are anticipated to consist of private streets and drive alleys serving the residential buildings, pedestrian sidewalks winding through the site, and supporting infrastructure including private sewer, water and storm drain pipes in addition to bioretention facilities to comply with storm water quality regulations. Public improvements are anticipated to consist of re-paving and the installation of public sidewalk along the project side of Merrydale Road along the project frontage. s. 15.01.120 Exception to San Rafael Municipal Code s. 15.06.050 (d) s. 15.06.050 (d) of the San Rafael Municipal code requires that all new public streets that are local streets have a minimum pavement width of 40 feet in a minimum Right of Way of 60 feet. Ss. 15.01.050 (h) of the San Rafael Municipal Code provides that all new private streets be developed to the same standard. The Project requests a reduction in the Right of Way and pavement width standards in s. 15.06.050 (d) to a minimum pavement width of 20 feet and minimum Right of Way of 30 feet. Required Findings: Findings. In reviewing and approving an exception from the regulations and provisions of this title, the planning commission shall make the following findings, which shall be included in the record of action on the map application: (1) That there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception; 11 The Project Site comprises 2.28 acres but is encumbered bytwo Marin County Flood Control District easements comprising 0.32 acres reducing the net area of the Project Site available for development to 1.96 acres. The proposed project comprises 45 townhomes and stacked flats resulting in a net density of 22.5 dua. The two MCFCD easements present a special circumstance. (2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner, and The Project site has been identified in the SMART Station area Specific Plan as a target residential site at a density of up to 43 dua. (3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. The development standard for the construction of new private streets is the same as those for public streets and was adopted in the 1950’s. Since that time narrower streets have become commonplace in San Rafael, California and through out the United States as being effective in increasing densities while not compromising public welfare or public safety. Infrastructure Improvements. The Project proses to connect four new water line laterals to the existing water lines in Merrydale, install new curb, gutter and sidewalk along the Project frontage and reinstate the Merrydale Road right of way affected by the installation. This section of Merrydale is lightly trafficked, access being provided only to the Project site and the storage facility beyond. The existing road surface is generally in good condition with no pot holes whatsoever. The Project proposes to resurface the section of Merrydale in front of the Project site shown on the Tentative Map and slurry coat full width of Merrydale to Las Gallinas Ave. The Project proposes to extend a gravity sewer line from the so called Mulligan Line in Las Gallinas Ave to the Project site in the Redwood Highway right of way enabling all the property owners along that frontage to connect thereto enabling the future abandonment of the existing old undersized sewer located on private property between the Redwood Highway and Merrydale Road property frontages. The Project will reinstate the Redwood Highway right of way affected by the installation. If the proposed gravity line proves infeasible, the Project proposes to extend a force main line from the Project site in Redwood Highway and Las Gallinas Avenue to Las Flores Avenue to connect to the Las Flores Avenue gravity line to the Las Flores pump station. Home Owners Association/CC & Rs The common areas of the Project will be governed by a home owners association (HOA) which will manage, maintain and operate the Project in accordance with Conditions, Covenants and Restrictions (CC&Rs) to be recorded against each unit and the common areas, Articles of 12 Incorporation (Articles) and Bylaws. The HOA will have the right to adopt rules, regulations and guidelines, including design guidelines and community space rules to implement the CC&Rs. All common areas including the Creek Promenade and the Paseos will be owned, managed and controlled by the HOA. Initially the builder will own all units within the project and will control the HOA until sufficient units have been sold for a HOA Board of Directors to be elected. The builder will pay HOA dues to the HOA for each unit until each unit is sold. Trash Removal Plan Space has been allocated in garages for the storage of waste and recyclables in bags or bins. Homeowners will take bags to the central trash enclosure for disposal. Marin Sanitary Service will not provide carts to homeowners where there is a central trash enclosure. The HOA CC&R’s will allow for the use of a concierge service to collect the trash bags one or more times per week at additional cost to the HOA upon a vote of approval of the HOA. The trash enclosure is located on Private Street B and has been designed with a separate home owners access anda covered screen. The trash enclosure has been expanded from the earlier proposal to address the concerns of Marin Sanitary District. The trash enclosure will now include the following: Two Bins one 4-yard bin for trash and a second 2-yard bin for cardboards. A minimum of 3 carts, 1- Blue 96 gal., 1-Brown 64 gal. cart, and 1-Green 64-gal. cart. Marin Sanitary Service garbage pick-up will occur one or two times per week. Recyclables will be picked as frequently as requested by the HOA at no additional cost. Front loading service trucks will typically enter from Redwood Boulevard (along Private Street B) and park at the Trash enclosure for as long as it takes to load. A reinforced concrete pad sufficient to take the weight of service trucks will be provided at the trash enclosure. Marin Sanitary Service personnel will wheel out (and wheel back) the bins and carts, closing the trash enclosure gate before leaving. Service trucks will typically reverse into Private Street A, picking up from a recyclable paper bin next to the mail boxes before leaving along Private Street B to Redwood Blvd. Marin Sanitary Service offers new communities an informational workshop to new home owners on the proper handling and disposal of garbage and recyclables. One or more workshops will be arranged through the HOA during the sales period using the new Community Room as a venue. Open Space 14.07.060 K. All units with the exception of the two freeway-oriented stacked flats (Plans 4X and 5X) will have private decks. In addition, the Project will provide a Community Room with an outdoor 13 patio, and the amenity laden Creek Promenade. The Project exceeds the open space requirement. Community.Room: San Rafael Municipal Code s.15.12.060 A flexible use Community Room comprising +/- 500 sq. ft. that includes a clear 14’ 6” x 20’ 6” space, kitchen and storage with access to an almost 500 sq. ft. outdoor patio is being provided at the center of the Project. A ping pong table and an appropriate number of stackable tables and chairs will be provided. Phasing Pre — Phase: All on and off site improvements, except tree removal along the southwest property line, landscaping, the final lift of on site pavements and the resurfacing and slurry coat of Merrydale Avenue) Building Phase 1: Buildings 1 —4, all landscaping and the final lift of pavements north of and including Private Street A, and the resurfacing and slurry coat to Merrydale Avenue. Building Phase 2: Buildings 5.—9, tree removal along the southwest property line, all remaining landscaping and paving. All construction will be completed within +/- 2.5 years from issuance of the first building permit subject to market condition remaining positive. Two phases of building construction are required given the size of the Project and the possibility of market conditions deteriorating. The following is a preliminary estimate of the schedule: Start Pre - Phase Spring 2020 Substantially Complete Pre - Phase Summer 2020 Start Building Phase 1 Summer 2020 Start Building Phase 2 Summer 2021 Complete Building Phase 1 Fall 2021 Complete Building Phase 2 Summer 2022 Tree Removal A total of 43 mature trees and 1 dead tree of varying condition located on the Project site. All trees have been proposed for removal except the grove of Redwoods on the northwest and northeast corners of the Project site, three on the south property line and the Bishop Pines and Coast Live Oak at the Redwood Highway entry. The trees proposed for removal are highlighted on the Tree Inventory. There is a total of 28 trees proposed for removal. A total of 16 trees will be retained. More than 50 replacement trees will be planted. 14 Initial Study/CEQA Review All requested studies have been submitted updated as appropriate for the Initial Study to commence. Summary The project will provide 45 much needed workforce for-sale townhomes and stacked flats of varying size, that should be very attractive to a wide variety of home buyers. In addition, the Project will provide a Community Room with outdoor community gathering space, and a dual- use Creek Promenade with activity areas. The Project will start the transformation of the north end of the Merrydale Road/Redwood Highway corridor close to the SMART station from commercial to residential in character. 15 Caron Parker From: Steve Stafford Sent: . Wednesday, August 7, 2019 11:54 AM To: Caron Parker Cc: Michael Hooper Subject: FW: Letter of Support for 350 Merrydale Project FYI Steve Stafford COMMUNITY DEVELOPMENT DEPARTMENT Senior Planner City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 415.458.5048 (0) 415.485.3184 (f) Did you know San Rafael zoning information is available on-line. Please go to www.cityofsanrafael.org/zoning DE From: Sent: Wednesday, August 7, 2019 11:50 AM To: Steve Stafford <Steve.StaffordEcityofsanrafael.org> Subject: Letter of Support for 350 Merrydale Project Dear Members of the Design Review Board, My name is Dylan and lam a San Rafael resident who lives on Merrydale Road. | wanted to express my support for this project and the overall design. While | understand that housing politics not your purview, our community desperately needs housing for our workforce. In terms of the design, | foreshadow that there will be complaints relating to 1) traffic and 2) the project not matching the "character" of the neighborhood. To address the first possible concern, it falls below the maximum height limit and fits the general size of the other multi-family buildings in the neighborhood. | personally think the design is gorgeous, but even if someone is opposed to the design it is far from a highly-trafficked area. Thanks! 1 EXHIBIT 9 Caron Parker From: Sent: Thursday, November 21, 2019 11:21 AM To: Caron Parker Subject: Project: 350 Merrydale Road Hello! | live in the Rafael Meadows neighborhood, my backyard will face the new proposed development. My question is this: Does the developer | owner plan to add retail, such as a cafe or small grocery shop to the new project? The reason | ask is because the current food establishments surrounding the neighborhood (with the exception of La Toscana) are completely dated. Usually with new developments the developer adds retail as a bonus for potential buyers, which creates a sense of community. | feel this would also benefit the surrounding neighborhood. I'm not sure if the 350 Merrydale Rd project is zoned for retail, but it would be great to add something new. Thanks for your time and | look forward to hearing from you. A , rr AT rr A N te Á i if 3 N . Y Y Ln 7 M Y Educate | Advocate | Mobilize August 7, 2019 Dear City Staff, San Rafael Design Review Board Members & Planning Commissioners, We are writing to you in support of the planning project at 350 Merrydale Road. The proposed project area is an infill site, which makes use of a currently underutilized parcel and does not challenge the County's Urban Growth Boundary. The location of the site is optimal due to its proximity to transportation options such as Highway 101, the SMART train station located at the Civic Center, and nearby bus transit stops. This location on Merrydale Road is a great place for more housing because it is in San Rafael with easy access to the freeway and is between Northgate Mall and downtown San Rafael, two central hubs in the city. The project's design is attractive in multiple aspects: its sleek lines and modern style elements make this a desirable place to live; the earth tones ensure that the building doesn't stand out too much to passersby on the freeway; a large amount of landscaping on and surrounding the parcel continues Marin's green aesthetic; the creek promenade highlights the creek while protecting the habitat; the paseos and community room provide the community for areas to congregate and meet their neighbors. The 9 BMR units give low- and moderate-income earners a prime opportunity to become permanent residents of Marin County. , We recognize that more housing needs to be built in Marin due to the low supply and extreme housing costs and we think that 350 Merrydale Road is a great example of a well-designed project that helps to address those needs. Thank you for considering this project. Sincerely, NextGen Marin A a AT YA E LVAAMNA A Pra Caron Parker From: Sent: Sunday, July 28, 2019 4:08 PM To: Caron Parker Subject: 350 Merrydale Condos, comments for-your staff report Dear Carone, Thanks for the invitation to send comments for inclusion in your staff report on this project, which will have a hearing by the DRB on August 6. lam a neighbor from the Rafael Meadows neighborhood, with concerns about the traffic, parking, walkability --or lack thereof when referring to Merydale--, and the general aesthetics of Merrydale. There has been a lot of infill development along Merrydale in the last couple of decades: Redwood Village and other apartments between N San Pedro and the freeway on/off ramps. None of these look anything like the project proposed for 350 Merrydale. | liked the layout and plan for how the buildings will be placed on the site, but | arm not a fan of the look of the proposed buildings’ exterior, which resemble boxes put together and look more like a mall exterior. | wonder if somehow that impression could be lessened by design tweaks to the roofline so that the roof overhangs the corners of the building and those in between, rather than those boxy turret-like protrusions that currently hide the roofline edge. The other thing | have concerns about but forgot to ask at the presentation on Thursday, is how much of a setback is planned from the street, such that a wider sidewalk than currently exists on Merrydale can be built. The reason for this is, although it's not the concern of this developer, it should be for city planners. The entire stretch of Merrydale is in dire need of good walking infrastructure. Any new development should be designed with an increased sidewalk width over what currently exists. It's an opportunity to set a new standard to emulate when Merrydale gets the long overdue multimodal upgrade it deserves given how much infill housing it has absorbed and for being so close to SMART and the Civic Center. Lastly, is the parking. We need to ensure there is little to no parking from the new residents that routinely spills over onto the existing rustic mudpit where overflow parking from the existing apartment buldings is constant, and into the Meadows where there are no sidewalks whatsoever. 2.5 parking spots for a 4 bedroom with multiple baths is likely to result in at least 3 cars for that unit. Mike Cooper said this was also a concern for the infamous Wincup project in Corta Madera, but claims that fear never panned out. | would like some verification of his statement. Do you have any ideas a neutral party who could verify that claim? Those are my comments and concerns. Thank you again for the invitation to send in comments for your upcoming staff report. Resident of San Rafael Meadows Neighborhood Caron Parker From: Sent: Tuesday, July 17, 2018 5:18 PM To: Caron Parker ~ Subject: : Marydale Road project Hello, | will not be able to attend tonight's meeting but1 wanted to share my concerns with you. They are four fold: 1. Privacy. | live at 308 Las Flores ave in a two story house. A three story building with a roof deck will seriously impair my privacy as people on the deck willnot only be able to see in my backyard but also in our bedrooms! | would like to make sure the building design does address this issue. 2. Parking. | would like to be sure these townhouses have off street parking. The area is becoming increasingly congested and not having parking on the premises would make matters worse. 3. Traffic. People coming from that side of the street tend to run straight through and not pay attention to the stop sign. |-get cut off on a regular basis at the corner of Marydale and Las gallinas. Also one of the selling point of my property is the easy and quick access to the freeway. How would that impact me and the price of my property? 4. Length of construction noise. | work from home most of the time, advising clients who require a calm and peaceful environment. I'believe the noise from the construction will impact my business in á very negative way. Furthermore, after having to put up with the noise of the train (construction and testing) for so long, | have seen the impact on my (and my neighbors) quality of life. | do not want a repeat of that as it can impact our health as well. What can be done to alleviate these concerns? Sincerely, .August 6, 2019 Caron Jo Parker Associate Planner City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 415-485-3094 office 415-485-3184 fax caron.parker @cityofsanrafael.org Dear Ms. Parker: RE: 350 Merrydale Road /3833 Redwood Highway Townhome Development Project. APN’s: 179-041-27 and 179- 041-28; Planned Development (PD1594) Zoning District; Francine Clayton, owner, Michael Hooper, applicant; File No(s).: FD18-100/TS18-006/UP18-039/1S18-001. | live in the nearby Civic Center Arms 3-story building at 260 Merrydale Road and immediately adjacent and west of the Oakmont Senior Building (former Hudson Street Design Commercial Building and property at 3773 Redwood Highway) that as approved will stand between our building at the views to the historic Marin County Civic Center. Project Support: | serve on the Board for the Civic Center Arms HOA down the street from the subject Townhome development and in support of this project for a variety of reasons but these are main reasons: 4. Owners and Architect have made themselves available at a variety of meetings to field all questions. This has included a recent non-mandatory Neighborhood Meeting that allowed for a more relaxed Q/A and better understanding of project following an initial, formal, unilateral discussions at DRB meetings; 2. Owner and Project Architect have made project design adjustments such as elimination of roof top use to mesh better with adjacent single family home owners and a thoughtful circulation plan for public safety, tree plan that saves our State Designated Redwood Trees and design elements to prevent incursions into common household trash areas; 3. Project Architect has offered to attend our building HOA meeting on September 16 to present project and offer Q/A to building unit owners, 4. Project Architect indicated that higher valued live work options will be available within this development; 5. Development wants to better connect with SMART station from South Merrydale Road area and understands the North San Rafael Vision Plan and importance of vision of a connected, safe Promenade; 6. Development will replace a well-used school building with higher property tax base development; 7. Development will abate the seemingly constant flow of shuttle buses on Merrydale to/from this site; 8. Development will create construction jobs, purchase of building materials and create a higher level and much needed ongoing tax base to support general fund draws from City areas such as Police, Fire, Libraries, Parks and non-sworn General fund City employees; 9. Development will replace aging infrastructure; 10. Development will enhance adjacent Creekside and flexible open space area; 11. 12. 13. 14. Development will not create 100 Apartments in an already saturated area but create 45 quality owner- occupied townhomes; Development will attract new homeowners to support local restaurants, shops and service industry jobs; Development will not make a payment into the City’s In-Lieu of Affordable Housing fund and these funds often become muddled in their use within the General Fund budget and City priority applications; Development will instead actually create nine (9) much needed below market rate housing units for City; Other Important Project Considerations: City needs to measure and ask for developer mitigations for cumulative area development affects Northgate Mall was built in 1966 and City annexed areas north of Puerto Suello in 1970s including Guide Dogs, historic home tracts, commercial areas. Many of these areas are seeing regrowth and many residents will be impacted. Area projects include Oakmont Sr. Housing, former Cuneo Pool redevelopment, Northgate Walk, proposed Sears reuse and this project. Projects such as Northgate Walk removing sales tax generating gas station, market, UPS store, restaurant for 136 units need cost/benefit like this project need City-driven economic analysis to ensure that future impacts on public infrastructure and not a net loss to critical sales and property tax is lost by cut of each approved project; City needs to perform Economic Analysis on this project and each project. City of San Rafael has a Policy that each Housing Unit that is removed for commercial, needs to have that housing unit replaced. There is no overt policy that requires that the tax base of a commercial property be replaced when it is converted to residential. Some cities look at the lost tax base and require the owner to make a payment to the City called a Payment In Lieu of Taxes (Pilot). City of San Rafael should look at creation of such a policy for its long term economic health and make sure that projects meet minimum economic performance standards. Request is for City of San Rafael to perform an Economic Analysis on each development project converting property and the current and proposed site property tax and use benefits to City of San Rafael. For this project, an economic analysis would be required in order to allow the demolition of the existing 3-story classroom building on site and new construction of 45 condominium townhomes, including nine (9) affordable BMR (Below Market Rate) units on site. The project requires a Design Review Permit and a Rezoning of the property from a Planned Development (PD1594) to a new PD that would allow residential development. Many developments are coming online in North San Rafael and economic analysis to meet City economic goals is important. City needs policies on requesting specific project and area-wide impact contributions. to show how a particular development will affect a neighborhood or cumulative impacts of nearby projects will affect neighborhood quality of living and costs for public improvements that each project should bear. For Merrydale Road, it is important that area circulation is looked at. For traffic, consider converting Merrydale Road and Redwood Highway into one way streets to provide adequate right of way and parking options. This could be similar to “The Loop” in the Canal Area. This and other North San Rafael projects can contribute to needed area infrastructure such as the approved Bike/Ped Plan designated diagonal paved parking in the dirt strip across from 260 Merrydale; a safe and continuous path from North and South Merrydale for pedestrians and bicyclists to construct the North Promenade to Civic Center SMART and to connect to the built North/South Greenway immediately south of North San Pedro Road; to underground the fully depreciated utility poles along South Merrydale Road; to now put in sidewalks in front of commercial apartments at 238, 220 Merrydale and Herbs Pool Service Lot on Merrydale and fix the greater than 1 ¥%% cross slope at Mcdonalds sidewalk at 190 Merrydale Road; other impact requests could include reconfigured roads with signals, round about, utility and right of way improvements. City and Project Developers need to now ensure that State of CA builds soundwall from its portions just north of Puerto Suello Hill to the existing and new housing areas along Redwood Highway and Merrydale Road. This new Soundwall will also block noises from the across the freeway County Corporation Yard and future planned developments on that side of the 101 Freeway; 5. This project will Encourage Live/Income Opportunities such as ground floor commercial flex office space, parking as allowed for in the City adopted Housing Element of Jan.5, 2015, page 53: H-10d. Zoning for Live/Work Opportunities. Continue to accommodate live/work quarters in commercial districts, and allow for flexibility in parking requirements as supported by a parking study. Responsibility: Community Development Timetrame: Ongoing Resources: Staff Time 6. Ensure that any future permit parking needed for the neighborhood becomes the responsibility of the new projects not the current residents. New projects that are now (Oakmont Sr. Center, 350 Merrydale) that will add additional pressure to area street parking along Merrydale, Redwood Highway and the adjacent single family home neighborhood. Check and verify that all parking needs are absorbed in the proposed project parking The project consists of a total of nine (9) buildings ranging from 4-8 units. Total parking provided on-site will be 94 spaces. All units will have at least one garage space, and some 2-car garage spaces will be tandem spaces. 7. Provide parking bonuses for project if site provides site benefits that encourage the use of non-motorized travel including bicycle lockers, racks, maintenance areas and inside secure storage and showers if any employees commute to the location. 8. Request Projects to support approved plans and Area Circulation needs: need to develop the path connecting the north end of S. Merrydale for ADA quality passage under the 101 overpass so neighbors can easily walk from S. Merrydale housing to SMART and the Civic Center. Bike/Pedestrian connections to North Promenade, SMART and the nearby North-South Greenway. Thank-you for the opportunity to present on this development. : San Rafael 350 Merrydale DRB 8 6 19 4905-1168-9087 v3 26. San Rafael City Council Agenda Packet AGENDA SAN RAFAEL CITY COUNCIL – MONDAY, JULY 19, 2021 CORONAVIRUS (COVID-19) ADVISORY NOTICE In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person meeting location for the public to attend. This meeting will be held virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting: • Submit public comment in writing before 4:00 p.m. the day of the meeting to city.clerk@cityofsanrafael.org. • Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment. Any member of the public who needs accommodations should contact the City Clerk (email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. REGULAR MEETING AT 7:00 P.M. Watch on Webinar: https://tinyurl.com/cc-2021-07-19 Watch on YouTube: www.youtube.com/cityofsanrafael Listen by phone: (669) 900-9128 ID: 899-2635-9885# OPEN SESSION 1. None. CLOSED SESSION 2. Closed Session: – None. OPEN TIME FOR PUBLIC EXPRESSION The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community. CITY MANAGER’S REPORT: 3. City Manager’s Report: COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 2 4. 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. 5. Consent Calendar Items: a. Approval of Minutes Approve Minutes of City Council / Successor Agency Regular Meeting of Tuesday, July 6, 2021 (CC) Recommended Action – Approve minutes as submitted b. Vacancies on San Rafael Boards and Commissions Announcement of Vacancies on San Rafael Pickleweed Advisory Committee and the Special Library Parcel Tax Oversight Committee (CC) Recommended Action – Receive and file c. City Quarterly Investment Report Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending June 30, 2021 (Fin) Recommended Action – Accept report OTHER AGENDA ITEMS 6. Other Agenda Items: a. 2021-2022 City Council Redistricting Process Informational Report on Upcoming City Council Redistricting Process Following Release of 2020 United States Census Data, and Approval of Tentative Timeline for Adoption of New Districts by April 17, 2022 (CA) Recommended Action – Accept report PUBLIC HEARINGS 7. Public Hearings: a. San Rafael General Plan 2040 and Downtown Precise Plan i. Resolution Certifying the Final Environmental Impact Report (FEIR) (SCH #2019039167) Prepared for the San Rafael General Plan 2040 and Downtown San Rafael Precise Plan (CD); Recommended Action – Adopt Resolution ii. Report on the Upcoming Review of the San Rafael General Plan 2040 Document and the Downtown Precise Plan (CD) Recommended Action – Accept Report 3 b. Request for Modification of Affordable Housing Requirements Resolution Modifying Conditions of Approval of Environmental and Design Review (ED18-100), Use Permit (UP18-039) and Tentative Map (TS18-006) for the Merrydale Townhomes Located at 350 Merrydale Rd/3833 Redwood Hwy to Allow Fulfillment of the Affordable Housing Requirement in Accordance with City Council Resolution 14890 (ZC19-002) (CD) Recommended Action – Adopt Resolution c. Request to Waive the Building Permit Fees Resolution Denying the Request for Waiver of Building Permit Fees for Vivalon Healthy Aging Affordable Housing Project at 999 Third Street (Previously Whistlestop) (APN: 011-265-01) (CD) Recommended Action – Adopt Resolution OTHER AGENDA ITEMS (continued) 8. Other Agenda Items: a. Approval of the New Memorandum of Understanding with AFSCME/Local 1 & Furlough Reimbursement Side Letter Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for AFSCME / LOCAL 1 (July 1, 2021 Through June 30, 2024) and Furlough Reimbursement Side Letter (HR) Recommended Action – Adopt Resolution b. Approval of the New Memorandum of Understanding with Western Council of Engineers (WCE) & Furlough Reimbursement Side Letter Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for Western Council of Engineers (July 1, 2021 Through June 30, 2024) and Furlough Reimbursement Side Letter (HR) Recommended Action – Adopt Resolution c. Approval of the New Memorandum of Understanding with SEIU Local 1021 & Furlough Reimbursement Side Letter Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for SEIU Local 1021 (July 1, 2021 Through June 30, 2024) and Furlough Reimbursement Side Letter (HR) Recommended Action – Adopt Resolution d. Memorandum of Understanding Between the City of San Rafael and San Rafael Fire Chief Officers’ Association Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Fire Chief Officers’ Association (July 1, 2021 Through June 30, 2024) (HR) Recommended Action – Adopt Resolution 4 e. Memorandum of Understanding Between the City of San Rafael and San Rafael Police Mid-Management Association Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Police Mid-Management Association (July 1, 2021 Through June 30, 2024) (HR) Recommended Action – Adopt Resolution f. Approval of the New Resolution that Authorizes Compensation for Executive Management Employees Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2021 through June 30, 2024) and FY 20-21 Furlough Repayment (HR) Recommended Action – Adopt Resolution g. Approval of the New Resolution that Authorizes Compensation for Mid-Management Employees Resolution Establishing the Compensation and Working Conditions for Unrepresented Mid-Management Employees (July 1, 2021 through June 30, 2024) and FY 20-21 Furlough Repayment (HR) Recommended Action – Adopt Resolution h. Approval of the New Salary Resolution that Authorizes Compensation for Elected City Clerk and Part-Time City Attorney Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2021 Through June 30, 2024) and FY 20-21 Furlough Repayment (HR) Recommended Action – Adopt Resolution SAN RAFAEL SUCCESSOR AGENCY: 1. Consent Calendar: a. Successor Agency Quarterly Investment Report Acceptance of Successor Agency Quarterly Investment Report for the Quarter Ending June 30, 2021 (Fin) Recommended Action – Accept report 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. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org 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 meeting of July 19, 2021 MINUTES SAN RAFAEL CITY COUNCIL – TUESDAY, JULY 6, 2021 CORONAVIRUS (COVID-19) ADVISORY NOTICE In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person meeting location for the public to attend. This meeting will be held virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting: • Submit public comment in writing before 4:00 p.m. the day of the meeting to city.clerk@cityofsanrafael.org. • Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment . • Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment. Any member of the public who needs accommodations should contact the City Clerk (email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Present: Mayor Kate Vice Mayor Bushey Councilmember Hill Councilmember Kertz Councilmember Llorens Gulati Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Lindsay Lara CLOSED SESSION AT 6:00 P.M. Watch on Webinar: https://tinyurl.com/cs-2021-07-06 Watch on YouTube: www.youtube.com/cityofsanrafael Listen by phone: (669) 900-9128 ID: 852-3461-8723# OPEN SESSION 1. Mayor Kate to announce Closed Session item. CLOSED SESSION 2. Closed Session: a. Conference with Labor Negotiators - Government Code Section 54957.6 Lead Negotiators: Timothy L. Davis and Stephanie Vollmer (Burke, Williams & Sorensen) Agency Designated Representatives: Jim Schutz, Cristine Alilovich, Nadine Hade, Thomas Wong, Carmen Valdez, and Sylvia Gonzalez-Shelton Employee Organization: SEIU - Childcare; San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association; Unrepresented Mid-Management; Unrepresented Executive Management 2 REGULAR MEETING AT 7:00 P.M. Watch on Webinar: https://tinyurl.com/cc-2021-07-06 Watch on YouTube: www.youtube.com/cityofsanrafael Listen by phone: (669) 900-9128 ID: 817-3692-0337# Mayor Kate called the meeting to order at 7:02 p.m. She provided opening remarks, which included a homelessness update and a land acknowledgement. Mayor Kate invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present. City Attorney Robert Epstein announced that no reportable action was taken in the Closed Session held prior to the meeting. City Clerk Lindsay Lara announced the process for Spanish interpretation tonight. She informed the community that the meeting would be streamed live to YouTube and through Zoom and members of the public would provide public comment either on the telephone or through Zoom. She explained the process for community participation on the telephone or through Zoom. Also, City Clerk Lara announced that the City is preparing a hybrid virtual public meeting model and informed the community of the public comment modifications for City Council and Planning Commission meetings, as of June 15th. OPEN TIME FOR PUBLIC EXPRESSION Correspondence in real-time through Zoom or on telephone • Joanne Webster, San Rafael Chamber of Commerce addressed the City Council regarding homeless encampments. CITY MANAGER’S REPORT: 3. City Manager’s Report: City Manager Jim Schutz announced: • Mitigating fire risk and the potential need for evacuations update • Homeless encampments update COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 4. Councilmember Reports: • Councilmember Bushey reported on a San Rafael Sanitation Board meeting and a Canal Karate event at The Boro Center. • Councilmember Hill reported on Association of Bay Area Government (ABAG) and Marin Municipal Water District (MMWD) meetings. • Councilmember Kertz reported on Homelessness and Marin Wildfire Prevention Authority meetings. • Councilmember Llorens Gulati reported on Canal Collaborative, East San Rafael Business, and Marin County Council of Mayors and Councilmembers (MCCMC) Climate Action meetings. She announced the mural at 3301 Kerner Blvd. is now up. 3 • Mayor Kate reported on Guatemalan Consulate and Common Knowledge meetings, a ribbon cutting event at 2nd and B Streets, Transportation Authority of Marin (TAM), Gun Safety Collaborative, and BayWAVE meetings. CONSENT CALENDAR: Mayor Kate invited public comment. Speakers: Kristen Jacobson, Youth in Arts, Morgan Schauffler, Youth in Arts, John Reynolds, Name withheld Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar. 5. Consent Calendar Items: a. Approval of Minutes Approve Minutes of City Council / Successor Agency Regular Meeting of Monday, June 21, 2021 (CC) Approved minutes as submitted b. California State Preschool Contract Resolution Approving a Contract (California State Preschool Program-1283) with the California Department of Education to Provide Funding in the Amount of $238,821 for Fiscal Year 2021-2022 for Child Development Services and Authorizing the City Manager to Execute the Contract Documents (LR) Resolution 14941 - Resolution Approving a Contract (California State Preschool Program- 1283) with the California Department of Education to Provide Funding in the Amount of $238,821 for Fiscal Year 2021-2022 for Child Development Services and Authorizing the City Manager to Execute the Contract Documents c. San Rafael Parks and Recreation Master Plan Steering Committee Resolution Approving the Formation of a 15-Member Ad-Hoc Parks and Recreation Master Plan Steering Committee (LR) Resolution 14942 - Resolution Approving the Formation of a 15-Member Ad-Hoc Parks and Recreation Master Plan Steering Committee d. Special Event Street Closures in Downtown San Rafael Informational Report Regarding Temporary Closure of Streets in Downtown San Rafael for the Continuation of the Dining Under the Lights Program and the City COVID Outdoor Dining and Retail Program; and Resolution Authorizing the Temporary Closure of C Street from Fourth Street to Third Street for the Youth in Arts Special Event on July 23, 2021 (PW) Accepted report and Resolution 14943 - Informational Report Regarding Temporary Closure of Streets in Downtown San Rafael for the Continuation of the Dining Under the Lights Program and the City COVID Outdoor Dining and Retail Program; and Resolution Authorizing the Temporary Closure of C Street from Fourth Street to Third Street for the Youth in Arts Special Event on July 23, 2021 SPECIAL PRESENTATIONS 6. Special Presentations: a. Presentation of Proclamation Designating July 2021 as Park and Recreation Month (LR) 4 Mayor Kate presented a Proclamation to Susan Andrade-Wax, Library & Recreation Director. Mark Machado, Park & Recreation Commission Chair, Susan Andrade-Wax, Library & Recreation Director, and Catherine Quffa, Assistant Library & Recreation Director provided comments. PUBLIC HEARINGS 7. Public Hearings: a. Prohibition of Camping on Certain Public Property An Urgency Ordinance of the City Council of the City of San Rafael, Pursuant to California Government Code Section 36937(B), Prohibiting Camping or Lodging at Any Time in Boyd Park and in City Parking Garages (CA) Lisa Goldfien, Assistant City Attorney presented the Staff Report. Staff responded to questions from Councilmembers. Mayor Kate invited public comment. Speakers: Pat Langley, Marin Organizing Committee, David, John Reynolds, Marin Organizing Committee, Laurie, Jonathan Harb, Sunny Lee Staff responded to public comment. Councilmembers provided comments. Councilmember Bushey moved and Councilmember Kertz seconded to adopt Urgency Ordinance No. 1995. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Adopted Urgency Ordinance No. 1995 - An Urgency Ordinance of the City Council of the City of San Rafael, Pursuant to California Government Code Section 36937(B), Prohibiting Camping or Lodging at Any Time in Boyd Park and in City Parking Garages b. Proposed Library and Recreation Department Fee Update Resolution Approving Amendments to the City Master Fee Schedule Updating Library, Recreation, and Childcare Fees (LR) Susan Andrade-Wax, Library & Recreation Director presented the Staff Report. Staff responded to questions from Councilmembers. Mayor Kate invited public comment. 5 Speaker: Maureen, Terra Linda Community Garden Staff responded to public comment. Councilmembers provided comments. Councilmember Llorens Gulati moved and Councilmember Hill seconded to adopt the resolution. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Resolution 14944 - Resolution Approving Amendments to the City Master Fee Schedule Updating Library, Recreation, and Childcare Fees OTHER AGENDA ITEMS 8. Other Agenda Items: a. Highway 101 to Interstate 580 Connector Project Presentation of Potential Guiding Principles Representing San Rafael’s Interests in the Transportation Authority of Marin’s (TAM) Study of Alternative Alignments for the 101 to 580 Connector Project (PW) Bill Guerin, Public Works Director and Barry Miller, General Plan 2040 Consultant presented the Staff Report. Staff, including Anne Richman and Dan Cherrier from Transportation Authority of Marin (TAM), responded to questions from Councilmembers. Mayor Kate invited public comment. Speakers: Linda Jackson, Sustainable San Rafael, Jeff Rhoads, Resilient Shore Staff responded to public comment. Councilmembers provided comments. Staff provided comments. Councilmember Hill moved and Councilmember Kertz seconded to accept the report. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Accepted Report b. New Memorandum of Understanding with San Rafael Firefighters’ Association (SRFA) 6 Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Firefighters’ Association (SRFA) (July 1, 2021 Through June 30, 2024) (HR) Sylvia Gonzalez, HR Operations Manager presented the Staff Report. Mayor Kate invited public comment; however, there was none. Councilmember Kertz moved and Councilmember Hill seconded to adopt the resolution. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Resolution 14945 - Resolution Approving a Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Firefighters’ Association (SRFA) (July 1, 2021 Through June 30, 2024) c. Successor Memorandum of Understanding with AFSCME/Local 1 & Furlough Reimbursement Side Letter Discussion and Consideration of a Memorandum of Understanding Pertaining to Compensation and Working Conditions for AFSCME / Local 1 (July 1, 2021 Through June 30, 2024) (HR) Sylvia Gonzalez, HR Operations Manager presented the Staff Report. She announced that she would be combining the Staff Reports for Items 8.c and 8.d. Mayor Kate invited public comment for Items 8.c and 8.d.; however, there was none. Councilmember Hill moved and Councilmember Kertz seconded to direct staff to return with resolution adopting MOU. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Directed staff to return with resolution adopting MOU Councilmember Hill moved and Councilmember Kertz seconded to direct staff to return with resolution adopting MOU. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Directed staff to return with resolution adopting MOU d. Successor Memorandum of Understanding with Western Council of Engineers & Furlough Reimbursement Side Letter 7 Discussion and Consideration of a Memorandum of Understanding Pertaining to Compensation and Working Conditions for Western Council of Engineers (July 1, 2021 Through June 30, 2024) (HR) Recommended Action – Direct staff to return with Resolution adopting MOU The Staff Report for Item 8.d Successor Memorandum of Understanding with Western Council of Engineers & Furlough Reimbursement Side Letter was combined (and presented) with Item 8.c. See Item 8.c Successor Memorandum of Understanding with AFSCME/Local 1 & Furlough Reimbursement Side Letter. e. Successor Memorandum of Understanding with San Rafael Fire Chief Officers’ Association Discussion and Consideration of a Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Fire Chief Officers’ Association (July 1, 2021 Through June 30, 2024) (HR) Sylvia Gonzalez, HR Operations Manager presented the Staff Report. Mayor Kate invited public comment; however, there was none. Councilmember Llorens Gulati moved and Councilmember Kertz seconded to direct staff to return with resolution adopting MOU. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Directed staff to return with resolution adopting MOU f. Successor Memorandum of Understanding with San Rafael Police Mid-Management Association Discussion and Consideration of a Memorandum of Understanding Pertaining to Compensation and Working Conditions for San Rafael Police Mid-Management Association (July 1, 2021 Through June 30, 2024) (HR) Sylvia Gonzalez, HR Operations Manager presented the Staff Report. Mayor Kate invited public comment; however, there was none. Councilmember Bushey moved and Councilmember Llorens Gulati seconded to direct staff to return with resolution adopting MOU. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Directed staff to return with resolution adopting MOU g. Successor Memorandum of Understanding with SEIU Local 1021 & Furlough Reimbursement Side Letter Discussion and Consideration of a Memorandum of Understanding Pertaining to Compensation and Working Conditions for SEIU Local 1021 (July 1, 2021 Through June 30, 2024) (HR) 8 Sylvia Gonzalez, HR Operations Manager presented the Staff Report. Mayor Kate invited public comment; however, there was none. Councilmember Kertz moved and Councilmember Hill seconded to direct staff to return with resolution adopting MOU. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Directed staff to return with resolution adopting MOU SAN RAFAEL SUCCESSOR AGENCY: 1. Consent Calendar: - None. ADJOURNMENT: Councilmember Llorens Gulati closed the meeting in memory of Sean Castle, a music teacher at San Rafael High School. Mayor Kate adjourned the meeting at 10:40 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2021 _____________________________________ KATE COLIN, Mayor ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 5.b Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Clerk’s Office Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: VACANCIES ON SAN RAFAEL BOARDS AND COMMISSIONS SUBJECT: ANNOUNCEMENT OF VACANCIES ON SAN RAFAEL PICKLEWEED ADVISORY COMMITTEE AND THE SPECIAL LIBRARY PARCEL TAX OVERSIGHT COMMITTEE RECOMMENDATION: Receive and file the announcement of upcoming vacancies on San Rafael’s Boards and Commissions. BACKGROUND: The City Clerk’s office is currently recruiting to fill upcoming vacancies on our boards and commissions. Community members can apply online to serve on our boards and commissions, and more information and eligibility requirements are as follows: Pickleweed Advisory Committee Board Description: The Pickleweed Advisory Committee provides valuable input in representing and advocating for the Canal area resident’s needs and wishes for programs and services; and is a primary public networking resource between the Canal residents, representatives from governmental and non-profit agencies, and others. The Pickleweed Advisory Committee works in conjunction with the City of San Rafael. Term: January 2021 through December 2024 2021 Meeting Schedule: October 6, 2021 at 7:00 p.m. December (date to be determined) Eligibility Requirements: The Committee shall be composed of seven (7) regular voting members which may include up to two (2) youth members, plus one (1) alternate member. Each shall have the same duties and responsibilities and shall consist of the following: 1. Members of the Committee shall be at least 18 years of age, except for the youth members who shall be a minimum age of a high school 9th grade student 2. At least six (6) regular voting members of the Committee shall reside within the Canal neighborhood 3. One (1) member of the Committee must be a City of San Rafael resident but may reside outside of the Canal neighborhood. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Application Deadline (subject to extension): Open until filled. Additional Information: Highly interested in youth member applicants. Special Library Parcel Tax Oversight Committee Board Description: The Special Library Parcel Tax Oversight Committee (Measure D) meets a few times a year with responsibility to act as an independent citizens oversight committee to ensure that the Library spends the funds from the parcel tax in a manner consistent with the language of the ballot measure that approved the tax. Term: August 2021 through July 2025 Meeting Schedule: The Committee shall conduct at least two regular meetings a year. Eligibility Requirements: Members of the Committee shall be at least 18 years of age and reside within the City limits. The Committee may not include any employee or official of the City, or any vendor, contractor or consultant doing business with the City. Application Deadline (subject to extension): Open until filled COMMUNITY OUTREACH: (if applicable) The recruitment for applications was advertised through mass email notification, Canal Alliance, the City website, Nextdoor and Facebook social media platforms. RECOMMENDED ACTION: Receive and file the announcement of upcoming vacancies on San Rafael’s Boards and Commissions. ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: Disposition: Agenda Item No: 5.c Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Finance Department Prepared by: Nadine Atieh Hade, Finance Director City Manager Approval: ______________ TOPIC: CITY QUARTERLY INVESTMENT REPORT SUBJECT: ACCEPTANCE OF CITY OF SAN RAFAEL QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 30, 2021 RECOMMENDATION: Accept investment report for the quarter ending June 30, 2021, as presented. BACKGROUND: Pursuant to the State of California Government Code Section 53601, and the City’s investment policy, last approved by the City Council on June 7, 2021, staff provides the City Council a quarterly report on the City's investment activities and liquidity. Included in the report are the cost of each investment, the interest rates (yield), maturity dates, and market value. Separate reports are pr epared for the City and the Successor Agency to San Rafael Redevelopment Agency. The City invests a portion of its pooled funds in the Local Agency Investment Fund (LAIF), a State-run investment pool. Beginning in March 2014, the City incorporated an investment strategy that added purchases of securities outside of LAIF with the assistance of its investment advisor, Insight Investment. ANALYSIS: As of June 30, 2021, the primary LAIF account had a balance of $44,444,817. Portfolio returns on LAIF deposits were 0.26% for the quarter ending June 30, 2021. The remaining investment assets included the $1,239,200 balance of Pt. San Pedro Assessment District bonds, and $32,183,300 in government agency securities and corporate bonds (including Pfizer Inc., American Express, JP Morgan Chase, Walmart Inc., Apple Inc., American Honda Finance, Wells Fargo, Toyota, Caterpillar, Bank of America, John Deere, Citibank, PNC Financial Services, US Bancorp, IBM Corp, 3M Company, and PepsiCo). The overall total portfolio returns for the quarter ended June 30, 2021, were 0.60%. The City’s Westamerica general operating bank account had a balance of $9,187,784 at quarter end. Exhibit A is composed of three parts: (1) Quarterly Investment Portfolio Report; (2) Historical Activity by Quarter summarizing the City’s investments; and (3) the three monthly investment reports from Insight Investment for the quarter. FISCAL IMPACT: No financial impact occurs by adopting the report. The City continues to meet the priority principles of investing - safety, liquidity and yield in respective order. The portfolio remains SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 conservatively invested. Sufficient liquidity exists to meet daily operating and capital project requirements for the next six months. Operating funds, as defined for this report, exclude cash held with fiscal agents for the payment of bond principal and interest. RECOMMENDATION: Accept investment report for the quarter ending June 30, 2021, as presented. ATTACHMENTS: Exhibit A: 1. Quarterly Investment Portfolio Report 2. Historical Activity by Quarter Report 3. Insight Investment Statements, April through June 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 I CERTIFY THAT ALL INVESTMENTS MADE ARE IN CONFORMANCE WITH THE CITY’S APPROVED INVESTMENT POLICY AND STATE INVESTMENT REGULATIONS. THE CITY HAS SUFFICIENT LIQUIDITY TO MEET ALL OF THE OBLIGATIONS REQUIRED DURING THE NEXT SIX -MONTH PERIOD. NADINE ATIEH HADE FINANCE DIRECTOR %Return LAIF 44,444,817$ 98.0% 0.26% LAIF ‐ RDA 154,942$ 0.3% 0.26% LAIF ‐ RDA 02 TARB 768,824$ 1.7% 0.26% Total Internally Managed 45,368,583$ 57.5% Weighted Average Yield 0.26% Days Effective Average Duration ‐ Internal 1 Weighted Average Maturity ‐ Internal 1 %Return Cash 56,088$ 0.2% 0.01% Treasury Securities 4,439,182$ 13.3% 0.70% Instrumentality Securities 13,695,843$ 40.9% 1.21% Corporate Notes 14,048,276$ 42.0% 0.68% Municipal 1,239,200$ 3.7% 5.25% Total Externally Managed 33,478,588$ 42.5% Weighted Average Yield 1.07% Years Effective Average Duration ‐ External 2.02 Weighted Average Maturity ‐ External 2.39 Total Portfolio Assets %Return LAIF 45,368,583$ 57.5% 0.26% Cash 56,088$ 0.1% 0.01% Treasury Securities 4,439,182$ 5.6% 0.70% Instrumentality Securities 13,695,843$ 17.4% 1.21% Corporate Notes 14,048,276$ 17.8% 0.68% Municipal 1,239,200$ 1.6% 5.25% Total Portfolio Assets 78,847,171$ Weighted Average Yield 0.60% Years Effective Average Duration ‐ Total 0.86 Weighted Average Maturity ‐ Total 1.02 Based on Market Values June 30, 2021 City of Rafael Quarterly Investment Portfolio Report Externally Managed Assets Internally Managed Assets LAIF, 98.0% LAIF ‐RDA, 0.3% LAIF ‐RDA 02 TARB, 1.7% Cash , 0.2%Treasury Securities, 13.3% Instrumentality Securities, 40.9% Corporate Notes, 42.0% Municipal, 3.7% LAIF 57% Cash 0% Treasury Securities 6% Instrumentality Securities 17% Corporate Notes 18%Municipal 2% Exhibit A Internally Managed Assets %Return %Return %Return %Return %Return %Return LAIF 45,213,641$ 99.7% 0.26% 40,171,329$ 99.6% 0.36% 35,129,481$ 99.6% 0.54% 23,075,641$ 99.3% 0.68% 32,962,961$ 99.5% 1.22% 22,847,933$ 99.3% 1.78% LAIF ‐ Housing 154,942$ 0.3% 0.26% 154,773$ 0.4% 0.36% 154,528$ 0.4% 0.54% 154,201$ 0.7% 0.68% 153,640$ 0.5% 1.22% 152,871$ 0.7% 1.78% Total Internally Managed 45,368,583$ 57.5%40,326,102$ 65.2%35,284,009$ 61.5%23,229,842$ 51.3%33,116,601$ 57.4%23,000,804$ 48.6% Weighted Average Yield 0.26% 0.36% 0.54% 0.68% 1.22% 1.78% Externally Managed Assets %Return %Return %Return %Return %Return %Return Cash 56,088$ 0.2% 0.01% 260,338$ 21.0% 0.01% 278,791$ 22.5% 0.01% 387,991$ 31.3% 0.00% 1,784,838$ 135.7% 0.00% 57,810$ 4.4% 0.00% Treasury Securities 4,439,182$ 13.3% 0.70% 1,455,053$ 6.8% 1.54% 1,464,113$ 6.6% 1.54% 1,470,457$ 6.7% 1.54% 2,476,872$ 10.1% 1.49% 3,083,104$ 12.7% 1.54% Instrumentality Securities 13,695,843$ 40.9% 1.21% 11,757,213$ 54.6% 1.54% 12,320,155$ 55.9% 1.58% 12,173,214$ 55.3% 1.70% 12,218,650$ 49.8% 1.80% 13,227,918$ 54.4% 1.81% Corporate Notes 14,048,276$ 42.0% 0.68% 6,830,936$ 31.7% 1.40% 6,747,102$ 30.6% 2.02% 6,751,751$ 30.7% 2.06% 6,749,718$ 27.5% 2.23% 6,636,962$ 27.3% 2.23% Municipal/Assessment District 1,239,200$ 3.7% 5.25% 1,239,200$ 5.8% 5.25% 1,239,200$ 5.6% 5.25% 1,239,200$ 5.6% 5.25% 1,315,100$ 5.4% 5.25% 1,315,100$ 5.4% 5.25% Total Externally Managed 33,478,588$ 42.5%21,542,739$ 34.8%22,049,361$ 38.5%22,022,613$ 48.7%24,545,178$ 42.6%24,320,894$ 51.4% Weighted Average Yield 1.07% 1.69% 1.90% 1.97% 1.94% 2.07% Years Years Years Years Years Years Effective Average Duration ‐ External 2.02 1.90 1.91 1.91 1.83 2.07 Weighted Average Maturity ‐ External 2.39 2.32 2.22 2.22 2.07 2.32 Total Portfolio Assets %Return %Return %Return %Return %Return %Return LAIF 45,368,583$ 57.5% 0.26% 40,326,102$ 65.2% 0.36% 35,284,009$ 61.5% 0.54% 23,229,842$ 51.3% 0.68% 33,116,601$ 57.4% 1.22% 23,000,804$ 48.6% 1.78% Cash 56,088$ 0.1% 0.01% 260,338$ 0.4% 0.01% 278,791$ 0.5% 0.01% 387,991$ 0.9% 0.00% 1,784,838$ 3.1% 0.00% 57,810$ 0.1% 0.00% Treasury Securities 4,439,182$ 5.6% 0.70% 1,455,053$ 2.4% 1.54% 1,464,113$ 2.6% 1.54% 1,470,457$ 3.2% 1.54% 2,476,872$ 4.3% 1.49% 3,083,104$ 6.5% 1.54% Instrumentality Securities 13,695,843$ 17.4% 1.21% 11,757,213$ 19.0% 1.54% 12,320,155$ 21.5% 1.58% 12,173,214$ 26.9% 1.70% 12,218,650$ 21.2% 1.80% 13,227,918$ 28.0% 1.81% Corporate Notes 14,048,276$ 17.8% 0.68% 6,830,936$ 11.0% 1.40% 6,747,102$ 11.8% 2.02% 6,751,751$ 14.9% 2.06% 6,749,718$ 11.7% 2.23% 6,636,962$ 14.0% 2.23% Municipal/Assessment District 1,239,200$ 1.6% 5.25% 1,239,200$ 2.0% 5.25% 1,239,200$ 2.2% 5.25% 1,239,200$ 2.7% 5.25% 1,315,100$ 2.3% 5.25% 1,315,100$ 2.8% 5.25% 78,847,170$ 61,868,840$ 57,333,369$ 45,252,454$ 57,661,778$ 47,321,697$ Total Portfolio Assets Weighted Average Yield 0.60% 0.82% 1.06% 1.31% 1.53% 1.93% Years Years Years Years Years Years Effective Average Duration ‐ Total 0.86 0.66 0.74 0.93 0.78 1.07 Weighted Average Maturity ‐ Total 1.02 0.81 0.86 1.08 0.88 1.19 Performance Recap ‐The weighted average quarterly portfolio yield decreased from 0.82% to 0.60% during the past quarter. The yield has decreased over the past year, from 1.53% in the quarter ended June 30, 2020 to 0.60% in the most recent quarter. This trend is reflective of the general decrease in interest rates during the period. ‐The effective average duration increased, from 0.66 to 0.86 years since last quarter due to an increase in bond holdings. ‐The total portfolio assets increased by approximately $17 million during the quarter. This is due to the receipt of ARPA funds as well as property tax and ERAF remittances City of San Rafael Historical Activity‐By Quarter March 31, 2020September 30, 2020December 31, 2020March 31, 2021June 30, 2021 June 30, 2020 W:\Accounting and Budgeting\Finance\Bank Reconciliations\Statements\20‐21\12 ‐ June 2021\Insight‐Quarterly Report combined 06‐30‐21 FOR PROFESSIONAL CLIENTS ONLY NOT TO BE REPRODUCED WITHOUT PRIOR WRITTEN APPROVAL PLEASE REFER TO ALL RISK DISCLOSURES AT THE BACK OF THIS DOCUMENT SAN RAFAEL April 2021 Contents Fixed income market review 3 Activity and performance summary 4 Recap of securities held 6 Maturity distribution of securities held 7 Securities held 8 GASB 40 - Deposit and investment risk disclosure 12 Securities purchased 16 Securities sold and matured 17 Detail of return and interest received 18 Transaction report 21 Additional information 22 FIXED INCOME MARKET REVIEW As of April 30, 2021 SAN RAFAEL Chart 1: Fiscal stimulus per capital is already higher than the New Deal Source:Federal Reserve, April 30, 2021. Chart 2: Pace of daily vaccinations begins to slow Source: Federal Reserve, April 30, 2021. Economic Indicators and Monetary Policy Fed Chairman Jay Powell reiterated that the Fed will wait for more fundamental economic data to arrive (rather than relying on forecasts) before scaling back the central bank’s current monetary easing measures. He also continued to emphasize that the Fed sees the inevitable acceleration in inflation to be transitory. He reiterated the Fed will be prepared to look throughnear-term inflation figures. President Biden, addressing a joint session of Congress to mark his first 100 days in office, proposed “The American Families Plan”, incorporating $1.8trn of social spending for middle- and lower-income families, against $2trn in tax increases on corporations and wealthier, higher-income Americans. Together, these proposals are the broadest and largest spending measures since the Lyndon B. Johnson Administration and on a cost per capita basis has already surpassed Franklin D Roosevelt’s New Deal (Chart 1). Data wise, real GDP grew by 6.4% pa in Q1 2021, a slightly softer increase than the 6.7% consensus expectation, but moving the economy closer to entirely recovering the hit taken from the pandemic. Consumption rose a strong 10.7% while business investment rose 9.9% and residential investment rose 10.8%. Inventories weighed on Q1 GDP by -2.6 percentage points (pp) and net exports contributed -0.9pp. Core PCE inflation rose 2.31% pa and the overall GDP deflator rose 4.1%, the strongest quarterly increase since 2007. Strength was led by rising prices for exports, residential investment, and components of government spending. The US continued to ramp up COVID-19 vaccinations at the start of the month, but the pace of vaccinations began to slow materially (Chart 2), with demand rather than supply appearing to be the main factor, perhaps influenced by a pause in the disbursement of the Johnson and Johnson vaccine given questions over rare blood clots. Nonetheless, restrictions continued to ease, with New York notably targeting July for a full reopening. Interest Rate Summary The Treasury yield curve modestly retraced some of its recent steepening. At the end of April, the 3-month US Treasury bill yielded 0.02%, the 6-month US Treasury bill yielded 0.04%, the 2-year US Treasury note yielded 0.16%, the 5-year US Treasury note yielded 0.85% and the 10-year US Treasury note yielded 1.63%. December relief bill CARES Act American Rescue Plan 3 ACTIVITY AND PERFORMANCE SUMMARY For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Amortized Cost Basis Activity Summary 21,256,082.33Opening balance 34,115.90Income received 34,115.90Total receipts (126.91)Expenses paid (126.91)Total disbursements 12,000,000.00Interportfolio transfers 12,000,000.00Total Interportfolio transfers 5,052.45Realized gain (loss) 0.00Change in accruals from security movement (15,781.10)Total amortization expense 41.62Total OID/MKT accretion income 0.00Return of capital Closing balance 33,279,384.29 Ending fair value 33,555,870.03 276,485.74Unrealized gain (loss) Comparative Rates of Return (%) * Twelve month trailing * Six month trailing * One month Fed Funds 0.08 0.04 0.01 Overnight Repo 0.08 0.03 0.00 Merrill Lynch 3m US Treas Bill 0.07 0.02 0.00 Merrill Lynch 6m US Treas Bill 0.08 0.03 0.00 ML 1 Year US Treasury Note 0.12 0.04 0.01 ML 2 Year US Treasury Note 0.15 0.07 0.01 ML 5 Year US Treasury Note 0.44 0.28 0.07 * rates reflected are cumulative Summary of Amortized Cost Basis Return for the Period Total portfolio Interest earned 42,859.74 Accretion (amortization)(15,739.48) Realized gain (loss) on sales 5,052.45 Total income on portfolio 32,172.71 Average daily amortized cost 25,074,901.58 Period return (%) Weighted average final maturity in days 662 YTD return (%) Detail of Amortized Cost Basis Return Interest earned Realized gain (loss) Accretion (amortization) Total income 0.00Cash and Cash Equivalents 1.48 0.00 1.48 5,052.45Corporate Bonds 16,643.53 (10,700.36) 10,995.62 0.00Government Agencies 18,599.28 (4,458.68) 14,140.60 0.00Government Bonds 2,374.66 (580.44) 1,794.22 0.00Municipal/Provincial Bonds 5,240.79 0.00 5,240.79 Total 42,859.74 (15,739.48) 5,052.45 32,172.71 0.14 0.65 4 ACTIVITY AND PERFORMANCE SUMMARY For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Fair Value Basis Activity Summary 21,542,739.17Opening balance 34,115.90Income received 34,115.90Total receipts (126.91)Expenses paid (126.91)Total disbursements 12,000,000.00Interportfolio transfers 12,000,000.00Total Interportfolio transfers 0.00Unrealized gain (loss) on security movements 0.00Change in accruals from security movement 0.00Return of capital Change in fair value for the period (20,858.13) Ending fair value 33,555,870.03 Comparative Rates of Return (%) * Twelve month trailing * Six month trailing * One month Fed Funds 0.08 0.04 0.01 Overnight Repo 0.08 0.03 0.00 ICE Bofa 3 Months US T-BILL 0.11 0.05 0.00 ICE Bofa 6m US Treas Bill 0.16 0.09 0.01 ICE Bofa 1 Yr US Treasury Note 0.25 0.15 0.03 ICE BofA US Treasury 1-3 0.24 0.09 0.05 ICE BofA US Treasury 1-5 (0.01) (0.22) 0.16 * rates reflected are cumulative Detail of Fair Value Basis Return Interest earned Change in fair value Total income Cash and Cash Equivalents 1.48 0.00 1.48 Corporate Bonds 16,643.53 (8,684.09) 7,959.44 Government Agencies 18,599.28 (10,532.57) 8,066.71 Government Bonds 2,374.66 (1,641.47) 733.19 Municipal/Provincial Bonds 5,240.79 0.00 5,240.79 Total 42,859.74 (20,858.13) 22,001.61 Summary of Fair Value Basis Return for the Period Total portfolio Interest earned 42,859.74 Total income on portfolio 22,001.61 Average daily total value *25,473,434.92 Period return (%)0.09 Weighted average final maturity in days 662 Change in fair value (20,858.13) YTD return (%)0.11 * Total value equals market value and accrued interest 5 RECAP OF SECURITIES HELD As of April 30, 2021 SAN RAFAEL Weighted average final maturity (days) Weighted average effective duration (years) Percent of portfolio Amortized cost Historical cost Fair value Unrealized gain (loss) Cash and Cash Equivalents 7,940,940.32 7,940,940.32 7,940,940.32 0.00 23.75 0.001 Corporate Bonds 8,169,969.00 8,114,405.12 8,174,342.56 59,937.44 785 24.43 1.84 Government Agencies 12,663,651.07 12,569,523.77 12,746,680.12 177,156.35 594 37.87 1.37 Government Bonds 3,424,898.11 3,415,315.08 3,454,707.03 39,391.95 898 10.24 2.43 Municipal/Provincial Bonds 1,239,200.00 1,239,200.00 1,239,200.00 0.00 4,143 3.71 8.73 Total 33,438,658.50 33,279,384.29 33,555,870.03 276,485.74 662 100.00 1.54 Cash and Cash Equivalents Corporate Bonds Government Agencies Government Bonds Municipal/Provincial Bonds Portfolio diversification (%) Cash and Cash Equivalents 23.75 Corporate Bonds 24.43 Government Agencies 37.87 Government Bonds 10.24 Municipal/Provincial Bonds 3.71 Portfolio diversification (%) 6 MATURITY DISTRIBUTION OF SECURITIES HELD As of April 30, 2021 SAN RAFAEL Maturity Historic cost Percent Under 90 days 9,472,010.32 28.33 90 to 179 days 2,701,748.00 8.08 180 days to 1 year 3,910,810.30 11.70 1 to 2 years 4,489,743.83 13.43 2 to 3 years 10,871,719.30 32.51 3 to 4 years 753,426.75 2.25 4 to 5 years 0.00 0.00 Over 5 years 1,239,200.00 3.71 33,438,658.50 100.00 Maturity distribution 0.00 2.00 4.00 6.00 8.00 10.00 12.00 Hi s t o r i c a l c o s t ( m m )Under 90 days90 to 179 days180 days to 1 year1 to 2 years2 to 3 years3 to 4 years4 to 5 yearsOver 5 years7 SECURITIES HELD As of April 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Cash and Cash Equivalents 0.000 7,940,940.32 7,940,940.32 0.00 0.00 23.757,940,940.327,940,940.32Cash and Cash Equivalents Total Cash and Cash Equivalents 7,940,940.32 7,940,940.32 7,940,940.32 0.00 23.750.007,940,940.32 Corporate Bonds 17325FAQ1 3.400 07/23/2021 507,030.00 500,500.12 1,678.78 4,580.56 06/23/2021 1.52502,178.90500,000.00CITIBANK NA 3.4% 23JUL2021 (CALLABLE 23JUN21) 717081DZ3 2.200 12/15/2021 503,615.00 501,131.26 4,730.22 4,125.00 1.51505,861.48500,000.00PFIZER INC 2.2% 15DEC2021 0258M0EG0 2.700 03/03/2022 714,231.00 712,760.46 251.19 2,992.50 01/31/2022 2.14713,011.65700,000.00AMERICAN EXPRESS CREDIT 2.7% 03MAR2022 (CALLABLE 31JAN22) 931142DH3 2.550 04/11/2023 509,155.00 504,680.92 14,996.95 672.92 01/11/2023 1.52519,677.87500,000.00WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 037833AK6 2.400 05/03/2023 506,880.00 503,805.85 17,290.09 5,900.00 1.52521,095.94500,000.00APPLE INC 2.4% 03MAY2023 94988J5R4 3.550 08/14/2023 539,535.00 535,112.74 (7.74) 3,747.22 07/14/2023 1.61535,105.00500,000.00WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23) 89236THA6 1.350 08/25/2023 714,959.00 714,781.97 569.28 1,706.25 2.14715,351.25700,000.00TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 06051GHC6 3.004 12/20/2023 525,795.00 519,362.66 412.34 5,423.89 12/20/2022 1.57519,775.00500,000.00BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22) 693475AV7 3.500 01/23/2024 957,939.00 948,631.91 21,116.26 8,487.50 12/24/2023 2.86969,748.17900,000.00PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) 91159HHV5 3.375 02/05/2024 1,079,130.00 1,079,130.00 (527.42) 8,343.75 01/05/2024 3.231,078,602.581,000,000.00US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 8 SECURITIES HELD As of April 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Corporate Bonds 88579YBB6 3.250 02/14/2024 541,935.00 538,788.88 (1,527.99) 3,430.56 01/14/2024 1.62537,260.89500,000.003M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) 06051GHF9 3.550 03/05/2024 535,525.00 524,893.70 1,774.89 2,711.81 03/05/2023 1.60526,668.59500,000.00BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) 46647PAP1 3.559 04/23/2024 534,240.00 530,824.65 (819.41) 346.01 04/23/2023 1.60530,005.24500,000.00JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23) Total Corporate Bonds 8,169,969.00 8,114,405.12 8,174,342.56 59,937.44 24.4352,467.977,800,000.00 Government Agencies 313373ZY1 3.625 06/11/2021 1,024,040.00 1,001,209.37 2,483.53 13,996.53 3.061,003,692.901,000,000.00FEDERAL HOME LOAN BANK 3.625% 11JUN2021 313378JP7 2.375 09/10/2021 602,430.00 600,377.87 4,460.26 1,979.17 1.80604,838.13600,000.00FEDERAL HOME LOAN BANK 2.375% 10SEP2021 3135G0Q89 1.375 10/07/2021 1,099,318.00 1,099,820.95 6,476.33 966.32 3.291,106,297.281,100,000.00FANNIE MAE 1.375% 07OCT2021 3137EADB2 2.375 01/13/2022 1,676,634.30 1,658,177.76 18,555.41 11,647.40 5.011,676,733.171,650,000.00FREDDIE MAC 2.375% 13JAN2022 313378WG2 2.500 03/11/2022 1,016,330.00 1,005,135.12 15,686.46 3,402.78 3.041,020,821.581,000,000.00FEDERAL HOME LOAN BANK 2.5% 11MAR2022 3135G0T78 2.000 10/05/2022 601,716.00 600,757.28 15,377.42 833.33 1.80616,134.70600,000.00FANNIE MAE 2% 05OCT2022 3130A3KM5 2.500 12/09/2022 1,021,240.00 1,009,925.71 27,222.82 9,791.67 3.051,037,148.531,000,000.00FEDERAL HOME LOAN BANK 2.5% 09DEC2022 3134GW2F2 0.300 05/25/2023 1,000,000.00 1,000,000.00 316.31 541.67 08/25/2021 2.991,000,316.311,000,000.00FREDDIE MAC 0.3% 25MAY2023 (CALLABLE 25AUG21) 9 SECURITIES HELD As of April 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Government Agencies 3135G0U43 2.875 09/12/2023 1,047,553.22 1,028,352.23 34,455.98 3,833.33 3.131,062,808.211,000,000.00FANNIE MAE 2.875% 12SEP2023 3135G0V34 2.500 02/05/2024 621,262.80 613,693.52 22,678.39 3,541.67 1.86636,371.91600,000.00FANNIE MAE 2.5% 05FEB2024 3133EMWV0 0.350 04/22/2024 1,000,000.00 1,000,000.00 (285.19) 106.94 2.99999,714.811,000,000.00FEDERAL FARM CREDIT BANK 0.35% 22APR2024 3136G46B4 0.350 04/26/2024 1,199,700.00 1,199,743.20 (1,039.99) 46.67 10/26/2021 3.591,198,703.211,200,000.00FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT21) 3135G0V75 1.750 07/02/2024 753,426.75 752,330.76 30,768.62 4,302.08 2.25783,099.38750,000.00FANNIE MAE 1.75% 02JUL2024 Total Government Agencies 12,663,651.07 12,569,523.77 12,746,680.12 177,156.35 37.8754,989.5612,500,000.00 Government Bonds 912828M80 2.000 11/30/2022 762,072.83 756,734.27 15,414.17 6,222.53 2.28772,148.44750,000.00USA TREASURY 2% 30NOV2022 91282CAW1 0.250 11/15/2023 1,000,120.54 1,000,120.54 (42.42) 1,167.13 2.991,000,078.121,000,000.00USA TREASURY 0.25% 15NOV2023 912828U57 2.125 11/30/2023 661,529.52 657,285.05 23,945.42 5,729.91 1.98681,230.47650,000.00USA TREASURY 2.125% 30NOV2023 91282CBV2 0.375 04/15/2024 1,001,175.22 1,001,175.22 74.78 184.43 2.991,001,250.001,000,000.00USA TREASURY 0.375% 15APR2024 Total Government Bonds 3,424,898.11 3,415,315.08 3,454,707.03 39,391.95 10.2413,304.003,400,000.00 10 SECURITIES HELD As of April 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Municipal/Provincial Bonds 888599LS4 5.250 09/02/2032 1,239,200.00 1,239,200.00 0.00 10,481.57 3.711,239,200.001,239,200.00PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 Total Municipal/Provincial Bonds 1,239,200.00 1,239,200.00 1,239,200.00 0.00 3.7110,481.571,239,200.00 Grand total 33,438,658.50 33,279,384.29 276,485.7432,880,140.32 100.00131,243.1033,555,870.03 11 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of April 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Cash and Cash Equivalents INVESTED CASH 0.000 12,031,168.33 12,031,168.33 0.00 12,031,168.33 35.85 0.00 PENDING TRADE 0.000 0.00 (4,090,228.01) 0.00 (4,090,228.01) (12.19) 0.00 Issuer total 12,031,168.33 7,940,940.32 0.00 7,940,940.32 23.66 0.00 Federal National Mortgage Association 3135G0Q89 FANNIE MAE 1.375% 1.375 10/07/2021 AA+ Aaa 1,100,000.00 1,099,318.00 3.29 1,106,297.28 3.30 0.44 3135G0T78 FANNIE MAE 2% 2.000 10/05/2022 AA+ Aaa 600,000.00 601,716.00 1.80 616,134.70 1.84 1.42 3135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,047,553.22 3.13 1,062,808.21 3.17 2.30 3135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 600,000.00 621,262.80 1.86 636,371.91 1.90 2.68 3136G46B4 FANNIE MAE 0.35% 0.350 04/26/2024 10/26/2021 AA+ Aaa 1,200,000.00 1,199,700.00 3.59 1,198,703.21 3.57 1.53 3135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 750,000.00 753,426.75 2.25 783,099.38 2.33 3.09 Issuer total 5,250,000.00 5,322,976.77 15.92 5,403,414.69 16.10 1.80 Federal Home Loan Banks 313373ZY1 FEDERAL HOME LOAN 3.625 06/11/2021 AA+ Aaa 1,000,000.00 1,024,040.00 3.06 1,003,692.90 2.99 0.12 313378JP7 FEDERAL HOME LOAN 2.375 09/10/2021 AA+ Aaa 600,000.00 602,430.00 1.80 604,838.13 1.80 0.36 313378WG2 FEDERAL HOME LOAN 2.500 03/11/2022 AA+ Aaa 1,000,000.00 1,016,330.00 3.04 1,020,821.58 3.04 0.86 3130A3KM5 FEDERAL HOME LOAN 2.500 12/09/2022 AA+ Aaa 1,000,000.00 1,021,240.00 3.05 1,037,148.53 3.09 1.57 Issuer total 3,600,000.00 3,664,040.00 10.96 3,666,501.14 10.93 0.77 United States Treasury Note/Bond 912828M80 USA TREASURY 2% 2.000 11/30/2022 AA+ Aaa 750,000.00 762,072.83 2.28 772,148.44 2.30 1.55 91282CAW1 USA TREASURY 0.25% 0.250 11/15/2023 AA+ Aaa 1,000,000.00 1,000,120.54 2.99 1,000,078.12 2.98 2.53 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 650,000.00 661,529.52 1.98 681,230.47 2.03 2.51 91282CBV2 USA TREASURY 0.375% 0.375 04/15/2024 AA+ Aaa 1,000,000.00 1,001,175.22 2.99 1,001,250.00 2.98 2.94 Issuer total 3,400,000.00 3,424,898.11 10.24 3,454,707.03 10.30 2.43 12 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of April 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Federal Home Loan Mortgage Corp 3137EADB2 FREDDIE MAC 2.375% 2.375 01/13/2022 AA+ Aaa 1,650,000.00 1,676,634.30 5.01 1,676,733.17 5.00 0.70 3134GW2F2 FREDDIE MAC 0.3% 0.300 05/25/2023 08/25/2021 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 1,000,316.31 2.98 0.76 Issuer total 2,650,000.00 2,676,634.30 8.00 2,677,049.48 7.98 0.72 PT. SAN ASSESS DISTRICT 888599LS4 PT. SAN ASSESS 5.250 09/02/2032 NR NR 1,239,200.00 1,239,200.00 3.71 1,239,200.00 3.69 8.73 Issuer total 1,239,200.00 1,239,200.00 3.71 1,239,200.00 3.69 8.73 US Bancorp 91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A1 1,000,000.00 1,079,130.00 3.23 1,078,602.58 3.21 2.58 Issuer total 1,000,000.00 1,079,130.00 3.23 1,078,602.58 3.21 2.58 Bank of America Corp 06051GHC6 BANK OF AMERICA CORP 3.004 12/20/2023 12/20/2022 A- A2 500,000.00 525,795.00 1.57 519,775.00 1.55 1.59 06051GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 500,000.00 535,525.00 1.60 526,668.59 1.57 1.79 Issuer total 1,000,000.00 1,061,320.00 3.17 1,046,443.59 3.12 1.69 Federal Farm Credit Banks Funding Corp 3133EMWV FEDERAL FARM CREDIT 0.350 04/22/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 999,714.81 2.98 2.96 Issuer total 1,000,000.00 1,000,000.00 2.99 999,714.81 2.98 2.96 PNC Financial Services Group Inc/The 693475AV7 PNC FINANCIAL 3.500 01/23/2024 12/24/2023 A- A3 900,000.00 957,939.00 2.86 969,748.17 2.89 2.54 Issuer total 900,000.00 957,939.00 2.86 969,748.17 2.89 2.54 Toyota Motor Credit Corp 89236THA6 TOYOTA MOTOR CREDIT 1.350 08/25/2023 A+ A1 700,000.00 714,959.00 2.14 715,351.25 2.13 2.28 Issuer total 700,000.00 714,959.00 2.14 715,351.25 2.13 2.28 13 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of April 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares American Express Credit Corp 0258M0EG0 AMERICAN EXPRESS 2.700 03/03/2022 01/31/2022 A- A2 700,000.00 714,231.00 2.14 713,011.65 2.12 0.75 Issuer total 700,000.00 714,231.00 2.14 713,011.65 2.12 0.75 3M Co 88579YBB6 3M COMPANY 3.25% 3.250 02/14/2024 01/14/2024 A+ A1 500,000.00 541,935.00 1.62 537,260.89 1.60 2.61 Issuer total 500,000.00 541,935.00 1.62 537,260.89 1.60 2.61 Wells Fargo Bank NA 94988J5R4 WELLS FARGO BANK NA 3.550 08/14/2023 07/14/2023 A+ Aa2 500,000.00 539,535.00 1.61 535,105.00 1.59 2.13 Issuer total 500,000.00 539,535.00 1.61 535,105.00 1.59 2.13 JPMorgan Chase & Co 46647PAP1 JPMORGAN CHASE & CO 3.559 04/23/2024 04/23/2023 A- A2 500,000.00 534,240.00 1.60 530,005.24 1.58 1.92 Issuer total 500,000.00 534,240.00 1.60 530,005.24 1.58 1.92 Apple Inc 037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aa1 500,000.00 506,880.00 1.52 521,095.94 1.55 1.95 Issuer total 500,000.00 506,880.00 1.52 521,095.94 1.55 1.95 Walmart Inc 931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 500,000.00 509,155.00 1.52 519,677.87 1.55 1.68 Issuer total 500,000.00 509,155.00 1.52 519,677.87 1.55 1.68 Pfizer Inc 717081DZ3 PFIZER INC 2.2% 2.200 12/15/2021 A+ A2 500,000.00 503,615.00 1.51 505,861.48 1.51 0.62 Issuer total 500,000.00 503,615.00 1.51 505,861.48 1.51 0.62 14 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of April 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Citibank NA 17325FAQ1 CITIBANK NA 3.4% 3.400 07/23/2021 06/23/2021 A+ Aa3 500,000.00 507,030.00 1.52 502,178.90 1.50 0.15 Issuer total 500,000.00 507,030.00 1.52 502,178.90 1.50 0.15 Grand total 36,970,368.33 33,438,658.50 100.00 33,555,870.03 100.00 1.54 15 SECURITIES PURCHASED For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Par value or shares Unit cost Accrued interest Trade date Settle date Coupon Maturity/ Call date Principal cost Cusip Description / Broker Corporate Bonds 89236THA6 1.35004/21/2021 08/25/2023 700,000.00 102.14 (714,959.00) (1,522.50) 04/23/2021 TOYOTA MOTOR CREDIT CORP 1.35% DEUTSCHE BANK SECURITIES INC. 91159HHV5 3.37504/30/2021 02/05/2024 1,000,000.00 107.91 (1,079,130.00) (8,343.75) 01/05/202405/04/2021 US BANCORP 3.375% 05FEB2024 MERRILL LYNCH, PIERCE, 1,700,000.00 (1,794,089.00) (9,866.25)Total Corporate Bonds Government Agencies 3133EMWV0 0.35004/30/2021 04/22/2024 1,000,000.00 100.00 (1,000,000.00) (106.94) 05/03/2021 FEDERAL FARM CREDIT BANK 0.35% DAIWA CAPITAL MARKETS AMERICA 1,000,000.00 (1,000,000.00) (106.94)Total Government Agencies Government Bonds 91282CAW1 0.25004/30/2021 11/15/2023 1,000,000.00 100.01 (1,000,120.54) (1,167.13) 05/03/2021 USA TREASURY 0.25% 15NOV2023 CITIGROUP GLOBAL MARKETS LIMITED 91282CBV2 0.37504/30/2021 04/15/2024 1,000,000.00 100.12 (1,001,175.22) (184.43) 05/03/2021 USA TREASURY 0.375% 15APR2024 WELLS FARGO BANK, N.A. 2,000,000.00 (2,001,295.76) (1,351.56)Total Government Bonds Grand totalGrand total 4,700,000.00 (4,795,384.76) (11,324.75) 16 SECURITIES SOLD AND MATURED For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Historical cost Amortized cost at sale or maturity Fair value at sale or maturity Realized gain (loss) PriceCouponTrade date Settle date Maturity/ Call date Par value or shares Cusip Accrued interest sold Description / Broker Corporate Bonds 0258M0EB1 2.25004/05/2021 (550,000.00) 552,667.50 550,000.00 0.00 550,000.00 0.00 0.00 04/05/2021 AMERICAN EXPRESS CREDIT 2.25% 05MAY2021 (CALLABLE 05APR21) 693475AV7 3.50004/16/2021 01/23/2024 (100,000.00) 104,691.00 102,856.55 12/24/2023 107.91 107,909.00 5,052.45 845.83 04/20/2021 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) J.P. MORGAN SECURITIES LLC 91159HHA1 4.12504/23/2021 (500,000.00) 514,880.00 500,000.00 0.00 500,000.00 0.00 0.00 04/23/2021 US BANCORP 4.125% 24MAY2021 (CALLABLE 23APR21) (1,150,000.00)845.831,172,238.50 1,152,856.55 1,157,909.00 5,052.45Total (Corporate Bonds) Grand totalGrand total (1,150,000.00)845.831,172,238.50 1,152,856.55 1,157,909.00 5,052.45 17 DETAIL OF RETURN AND INTEREST RECEIVED For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Cash Cash and Cash Equivalents 1.480.00 0.00 1.480.00 Total Cash 1.480.00 0.00 1.480.00 Corporate Bonds 3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24)1,309.03(1,194.73)(703.82)0.000.0088579YBB6 AMERICAN EXPRESS CREDIT 2.25% 05MAY2021 (CALLABLE 05APR21)103.13(22.80)0.00 5,121.880.000258M0EB1 AMERICAN EXPRESS CREDIT 2.7% 03MAR2022 (CALLABLE 31JAN22)1,312.50(1,470.54)(1,162.76)0.000.000258M0EG0 APPLE INC 2.4% 03MAY2023 966.67(157.91)(1,232.32)0.000.00037833AK6 BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22)1,209.95(984.54)(230.38)0.000.0006051GHC6 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23)1,429.87(1,123.03)(879.07)0.000.0006051GHF9 CITIBANK NA 3.4% 23JUL2021 (CALLABLE 23JUN21)1,369.45(283.09)(1,286.10)0.000.0017325FAQ1 JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23)1,433.48(1,296.97)180.17 8,897.500.0046647PAP1 PFIZER INC 2.2% 15DEC2021 886.11(150.83)(771.08)0.000.00717081DZ3 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23)2,722.22(1,578.17)(637.89)0.005,052.45693475AV7 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 183.75(177.03)392.25 0.000.0089236THA6 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24)0.000.00 (527.42)0.000.0091159HHV5 US BANCORP 4.125% 24MAY2021 (CALLABLE 23APR21)1,260.42(704.20)(977.13)8,536.460.0091159HHA1 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23)1,027.09(229.84)(844.78)6,375.000.00931142DH3 WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23)1,429.86(1,326.68)(3.76)0.000.0094988J5R4 Total Corporate Bonds 16,643.53(10,700.36)(8,684.09) 28,930.845,052.45 18 DETAIL OF RETURN AND INTEREST RECEIVED For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Government Agencies FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT21)338.347.40 3,699.49 2,100.000.003136G46B4 FANNIE MAE 1.375% 07OCT2021 1,218.4034.22 (1,084.18)7,562.500.003135G0Q89 FANNIE MAE 1.75% 02JUL2024 1,057.29(61.23)927.72 0.000.003135G0V75 FANNIE MAE 2% 05OCT2022 966.66(44.11)(590.67)6,000.000.003135G0T78 FANNIE MAE 2.5% 05FEB2024 1,208.34(412.87)(914.72)0.000.003135G0V34 FANNIE MAE 2.875% 12SEP2023 2,315.97(998.32)(1,215.02)0.000.003135G0U43 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.000.00 (285.19)0.000.003133EMWV0 FEDERAL HOME LOAN BANK 2.375% 10SEP2021 1,147.92(87.20)(1,260.83)0.000.00313378JP7 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 2,013.89(514.29)(1,804.09)0.000.003130A3KM5 FEDERAL HOME LOAN BANK 2.5% 11MAR2022 2,013.89(495.35)(1,801.82)0.000.00313378WG2 FEDERAL HOME LOAN BANK 3.625% 11JUN2021 2,920.14(884.91)(3,176.21)0.000.00313373ZY1 FREDDIE MAC 0.3% 25MAY2023 (CALLABLE 25AUG21)241.670.00 (70.99)0.000.003134GW2F2 FREDDIE MAC 2.375% 13JAN2022 3,156.77(1,002.02)(2,956.06)0.000.003137EADB2 Total Government Agencies 18,599.28(4,458.68) (10,532.57) 15,662.500.00 Government Bonds USA TREASURY 0.25% 15NOV2023 0.000.00 (42.42)0.000.0091282CAW1 USA TREASURY 0.375% 15APR2024 0.000.00 74.78 0.000.0091282CBV2 USA TREASURY 2% 30NOV2022 1,236.27(348.92)(937.50)0.000.00912828M80 USA TREASURY 2.125% 30NOV2023 1,138.39(231.52)(736.33)0.000.00912828U57 Total Government Bonds 2,374.66(580.44)(1,641.47)0.000.00 19 DETAIL OF RETURN AND INTEREST RECEIVED For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Municipal/Provincial Bonds PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 5,240.790.00 0.00 0.000.00888599LS4 Total Municipal/Provincial Bonds 5,240.790.00 0.00 0.000.00 Grand total 42,859.74(15,739.48) (20,858.13) 44,594.825,052.45 20 TRANSACTION REPORT For the period April 1, 2021 - April 30, 2021 SAN RAFAEL Maturity Par value or shares Interest Transaction totalPrincipalTransactionCusip Sec type DescriptionTrade date Settle date Realized gain(loss) 5,121.8804/05/2021 04/05/2021 Income0258M0EB1 Corporate Bonds AMERICAN EXPRESS CREDIT 05/05/2021 550,000.00 0.00 5,121.880.00 0.0004/05/2021 04/05/2021 Capital Change0258M0EB1 Corporate Bonds AMERICAN EXPRESS CREDIT 05/05/2021 (550,000.00) 550,000.00 550,000.000.00 6,000.0004/05/2021 04/05/2021 Income3135G0T78 Government Agencies FANNIE MAE 2% 05OCT2022 10/05/2022 600,000.00 0.00 6,000.000.00 7,562.5004/07/2021 04/07/2021 Income3135G0Q89 Government Agencies FANNIE MAE 1.375% 10/07/2021 1,100,000.00 0.00 7,562.500.00 6,375.0004/11/2021 04/11/2021 Income931142DH3 Corporate Bonds WALMART INC 2.55% 04/11/2023 500,000.00 0.00 6,375.000.00 845.8304/16/2021 04/20/2021 Sold693475AV7 Corporate Bonds PNC FINANCIAL SERVICES 3.5%01/23/2024 (100,000.00) 107,909.00 108,754.835,052.45 (1,522.50)04/21/2021 04/23/2021 Bought89236THA6 Corporate Bonds TOYOTA MOTOR CREDIT CORP 08/25/2023 700,000.00 (714,959.00) (716,481.50)0.00 8,897.5004/23/2021 04/23/2021 Income46647PAP1 Corporate Bonds JPMORGAN CHASE & CO 04/23/2024 500,000.00 0.00 8,897.500.00 8,536.4604/23/2021 04/23/2021 Income91159HHA1 Corporate Bonds US BANCORP 4.125% 05/24/2021 500,000.00 0.00 8,536.460.00 0.0004/23/2021 04/23/2021 Capital Change91159HHA1 Corporate Bonds US BANCORP 4.125% 05/24/2021 (500,000.00) 500,000.00 500,000.000.00 2,100.0004/26/2021 04/26/2021 Income3136G46B4 Government Agencies FANNIE MAE 0.35% 26APR2024 04/26/2024 1,200,000.00 0.00 2,100.000.00 (106.94)04/30/2021 05/03/2021 Bought3133EMWV0 Government Agencies FEDERAL FARM CREDIT BANK 04/22/2024 1,000,000.00 (1,000,000.00) (1,000,106.94)0.00 (8,343.75)04/30/2021 05/04/2021 Bought91159HHV5 Corporate Bonds US BANCORP 3.375% 02/05/2024 1,000,000.00 (1,079,130.00) (1,087,473.75)0.00 (1,167.13)04/30/2021 05/03/2021 Bought91282CAW1 Government Bonds USA TREASURY 0.25% 11/15/2023 1,000,000.00 (1,000,120.54) (1,001,287.67)0.00 (184.43)04/30/2021 05/03/2021 Bought91282CBV2 Government Bonds USA TREASURY 0.375% 04/15/2024 1,000,000.00 (1,001,175.22) (1,001,359.65)0.00 1.48Income Cash and Cash Equivalents Cash 1.480.00 0.000.0004/30/2021 21 ADDITIONAL INFORMATION As of April 30, 2021 SAN RAFAEL Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. This document must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment International Limited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment. INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is available without charge upon request. Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. INA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years. At the end of five years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV. Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight’s own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased. It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed. Please compare the information provided in this statement to the information provided in the statement received from your Custodian. For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker. In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. When Moody’s, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody’s and S&P ratings. Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is an appropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of the indices may be materially different from that of the strategy. In addition, the strategy’s holdings may differ substantially from the securities that comprise the indices shown. The ICE BofA 3 Month US T-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income. The ICE BofA 6 Month US T-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months. The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years. The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. 22 ADDITIONAL INFORMATION As of April 30, 2021 SAN RAFAEL Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment. Insight is a group of wholly owned subsidiaries of The Bank of New York Mellon Corporation. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith. © 2021 Insight Investment. All rights reserved. 23 FOR PROFESSIONAL CLIENTS ONLY NOT TO BE REPRODUCED WITHOUT PRIOR WRITTEN APPROVAL PLEASE REFER TO ALL RISK DISCLOSURES AT THE BACK OF THIS DOCUMENT SAN RAFAEL May 2021 Contents Fixed income market review 3 Activity and performance summary 4 Recap of securities held 6 Maturity distribution of securities held 7 Securities held 8 GASB 40 - Deposit and investment risk disclosure 12 Securities purchased 16 Detail of return and interest received 18 Transaction report 21 Additional information 22 FIXED INCOME MARKET REVIEW As of May 31, 2021 SAN RAFAEL Chart 1: CPI recovers to pre-COVID trend level Source:Federal Reserve,May 31, 2021. Chart 2: Unemployment rate ticks up slightly Source: Federal Reserve, May 31, 2021. Economic Indicators and Monetary Policy Economic data was generally mixed over the month. CPI came in at 4.2%, significantly faster than the 3.6% expected by markets. Much of this was attributable to a surge in used car prices, which increased by 10% in April alone, and 21% over the last year. Hotel prices rising 10% in April were also notable. However,signs of persistent inflation were absent as the ‘shelter’ and ‘healthcare’ components did not significantly accelerate. CPI has now largely recovered to its pre-COVID trend (Chart 1). Treasury Secretary Janet Yellen noted that if expansionary fiscal policy were to cause inflation, Fed officials ‘have the tools’ to address it and needed to subsequently clarify that she was not predicting or calling for a rate hike following a bout of market volatility. The employment report disappointed. The US economy added 266,000 jobs in April, well below the one million expected. The previous month was revised down from 916,000 to 770,000. Manufacturing jobs notably fell modestly, perhaps related to reduced auto production on chip shortages. Leisure and hospitality increased 331,000, consistent with rehiring in those sectors given economic reopening. The unemployment rate unexpectedly increased slightly to 6.1%from 6% (Chart 2) with the participation rate rising to 61.7% from 61.5%. Wage growth increased 0.7% with a strong 1.65% increase in leisure and hospitality wages. Elsewhere, April retail sales were flat after a solid 10.7% increase in March, reflecting normalization after an unsustainable jump. New home sales fell 5.9%, below expectations. The pace of US vaccinations continued to slow, with demand rather than supply appearing to be the main factor. Nonetheless, restrictions continued to ease across the US. Interest Rate Summary At the end of May, the 3-month US Treasury bill yielded 0.02%,the 6-month US Treasury bill yielded 0.04%, the 2-year US Treasury note yielded 0.15%, the 5-year US Treasury note yielded 0.80% and the 10-year US Treasury note yielded 1.60%. 3 ACTIVITY AND PERFORMANCE SUMMARY For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Amortized Cost Basis Activity Summary 33,279,384.29Opening balance (11,749.43)Income received (11,749.43)Total receipts (202.04)Expenses paid (202.04)Total disbursements 0.00Interportfolio transfers 0.00Total Interportfolio transfers 0.00Realized gain (loss) 0.00Change in accruals from security movement (26,766.48)Total amortization expense 95.10Total OID/MKT accretion income 0.00Return of capital Closing balance 33,240,761.44 Ending fair value 33,522,484.13 281,722.69Unrealized gain (loss) Comparative Rates of Return (%) * Twelve month trailing * Six month trailing * One month Fed Funds 0.08 0.04 0.01 Overnight Repo 0.08 0.02 0.00 Merrill Lynch 3m US Treas Bill 0.06 0.01 0.00 Merrill Lynch 6m US Treas Bill 0.07 0.02 0.00 ML 1 Year US Treasury Note 0.11 0.04 0.00 ML 2 Year US Treasury Note 0.15 0.07 0.01 ML 5 Year US Treasury Note 0.48 0.32 0.07 * rates reflected are cumulative Summary of Amortized Cost Basis Return for the Period Total portfolio Interest earned 58,469.13 Accretion (amortization)(26,671.38) Realized gain (loss) on sales 0.00 Total income on portfolio 31,797.75 Average daily amortized cost 33,243,644.76 Period return (%) Weighted average final maturity in days 856 YTD return (%) Detail of Amortized Cost Basis Return Interest earned Realized gain (loss) Accretion (amortization) Total income 0.00Cash and Cash Equivalents 19.66 0.00 19.66 0.00Corporate Bonds 29,405.27 (21,693.34) 7,711.93 0.00Government Agencies 20,414.62 (4,394.50) 16,020.12 0.00Government Bonds 3,027.37 (583.54) 2,443.83 0.00Municipal/Provincial Bonds 5,602.21 0.00 5,602.21 Total 58,469.13 (26,671.38) 0.00 31,797.75 0.10 0.74 4 ACTIVITY AND PERFORMANCE SUMMARY For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Fair Value Basis Activity Summary 33,555,870.03Opening balance (11,749.43)Income received (11,749.43)Total receipts (202.04)Expenses paid (202.04)Total disbursements 0.00Interportfolio transfers 0.00Total Interportfolio transfers 0.00Unrealized gain (loss) on security movements 0.00Change in accruals from security movement 0.00Return of capital Change in fair value for the period (21,434.43) Ending fair value 33,522,484.13 Comparative Rates of Return (%) * Twelve month trailing * Six month trailing * One month Fed Funds 0.08 0.04 0.01 Overnight Repo 0.08 0.02 0.00 ICE Bofa 3 Months US T-BILL 0.11 0.04 0.00 ICE Bofa 6m US Treas Bill 0.19 0.08 0.01 ICE Bofa 1 Yr US Treasury Note 0.28 0.11 0.01 ICE BofA US Treasury 1-3 0.25 0.12 0.08 ICE BofA US Treasury 1-5 0.02 (0.12) 0.17 * rates reflected are cumulative Detail of Fair Value Basis Return Interest earned Change in fair value Total income Cash and Cash Equivalents 19.66 0.00 19.66 Corporate Bonds 29,405.27 (9,793.54) 19,611.73 Government Agencies 20,414.62 (14,282.07) 6,132.55 Government Bonds 3,027.37 2,641.18 5,668.55 Municipal/Provincial Bonds 5,602.21 0.00 5,602.21 Total 58,469.13 (21,434.43) 37,034.70 Summary of Fair Value Basis Return for the Period Total portfolio Interest earned 58,469.13 Total income on portfolio 37,034.70 Average daily total value *33,702,801.98 Period return (%)0.11 Weighted average final maturity in days 856 Change in fair value (21,434.43) YTD return (%)0.22 * Total value equals market value and accrued interest 5 RECAP OF SECURITIES HELD As of May 31, 2021 SAN RAFAEL Weighted average final maturity (days) Weighted average effective duration (years) Percent of portfolio Amortized cost Historical cost Fair value Unrealized gain (loss) Cash and Cash Equivalents 34,219.50 34,219.50 34,219.50 0.00 0.10 0.001 Corporate Bonds 14,067,860.00 13,990,602.78 14,062,440.02 71,837.24 802 42.09 1.97 Government Agencies 13,663,651.07 13,565,129.27 13,732,398.05 167,268.78 601 40.88 1.29 Government Bonds 4,421,776.46 4,411,609.89 4,454,226.56 42,616.67 915 13.23 2.49 Municipal/Provincial Bonds 1,239,200.00 1,239,200.00 1,239,200.00 0.00 4,112 3.71 8.65 Total 33,426,707.03 33,240,761.44 33,522,484.13 281,722.69 856 100.00 2.00 Cash and Cash Equivalents Corporate Bonds Government Agencies Government Bonds Municipal/Provincial Bonds Portfolio diversification (%) Cash and Cash Equivalents 0.10 Corporate Bonds 42.09 Government Agencies 40.88 Government Bonds 13.23 Municipal/Provincial Bonds 3.71 Portfolio diversification (%) 6 MATURITY DISTRIBUTION OF SECURITIES HELD As of May 31, 2021 SAN RAFAEL Maturity Historic cost Percent Under 90 days 2,565,289.50 7.67 90 to 179 days 1,701,748.00 5.09 180 days to 1 year 5,526,386.30 16.53 1 to 2 years 6,028,133.83 18.03 2 to 3 years 15,612,522.65 46.71 3 to 4 years 753,426.75 2.25 4 to 5 years 0.00 0.00 Over 5 years 1,239,200.00 3.71 33,426,707.03 100.00 Maturity distribution 0.00 5.00 10.00 15.00 20.00 Hi s t o r i c a l c o s t ( m m )Under 90 days90 to 179 days180 days to 1 year1 to 2 years2 to 3 years3 to 4 years4 to 5 yearsOver 5 years7 SECURITIES HELD As of May 31, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Cash and Cash Equivalents 0.000 34,219.50 34,219.50 0.00 0.00 0.1034,219.5034,219.50Cash and Cash Equivalents Total Cash and Cash Equivalents 34,219.50 34,219.50 34,219.50 0.00 0.100.0034,219.50 Corporate Bonds 17325FAQ1 3.400 07/23/2021 507,030.00 500,217.03 736.73 6,044.44 06/23/2021 1.52500,953.76500,000.00CITIBANK NA 3.4% 23JUL2021 (CALLABLE 06JUL21) 717081DZ3 2.200 12/15/2021 503,615.00 500,980.42 4,861.98 5,072.22 1.51505,842.40500,000.00PFIZER INC 2.2% 15DEC2021 0258M0EG0 2.700 03/03/2022 714,231.00 711,384.80 453.61 4,620.00 01/31/2022 2.14711,838.41700,000.00AMERICAN EXPRESS CREDIT 2.7% 03MAR2022 (CALLABLE 31JAN22) 46647PBB1 3.207 04/01/2023 615,576.00 614,250.38 304.51 3,207.00 04/01/2022 1.84614,554.89600,000.00JPMORGAN CHASE & CO 3.207% 01APR2023 (CALLABLE 01APR22) 931142DH3 2.550 04/11/2023 509,155.00 504,451.09 14,826.53 1,770.83 01/11/2023 1.52519,277.62500,000.00WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 037833AK6 2.400 05/03/2023 506,880.00 503,647.93 16,316.96 933.33 1.52519,964.89500,000.00APPLE INC 2.4% 03MAY2023 02665WDH1 1.950 05/10/2023 1,031,510.00 1,030,298.08 1,872.84 1,137.50 3.091,032,170.921,000,000.00AMERICAN HONDA FINANCE 1.95% 10MAY2023 94988J5R4 3.550 08/14/2023 1,074,350.00 1,067,799.69 1,845.28 10,551.39 07/14/2023 3.211,069,644.971,000,000.00WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23) 89236THA6 1.350 08/25/2023 714,959.00 714,250.88 848.26 2,520.00 2.14715,099.14700,000.00TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 14912L5X5 3.750 11/24/2023 1,086,390.00 1,083,766.44 2,314.84 729.17 3.251,086,081.281,000,000.00CATERPILLAR FINANCIAL SE 3.75% 24NOV2023 8 SECURITIES HELD As of May 31, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Corporate Bonds 06051GHC6 3.004 12/20/2023 525,795.00 518,378.12 1,875.66 6,717.28 12/20/2022 1.57520,253.78500,000.00BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22) 24422EVN6 0.450 01/17/2024 1,001,230.00 1,001,194.68 (108.14) 1,087.50 3.001,001,086.541,000,000.00JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 17325FAS7 3.650 01/23/2024 541,470.00 540,850.38 937.97 6,488.89 12/23/2023 1.62541,788.35500,000.00CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 693475AV7 3.500 01/23/2024 957,939.00 947,101.00 22,744.84 11,200.00 12/24/2023 2.87969,845.84900,000.00PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) 91159HHV5 3.375 02/05/2024 1,079,130.00 1,076,672.55 (521.61) 10,875.00 01/05/2024 3.231,076,150.941,000,000.00US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 459200HU8 3.625 02/12/2024 1,086,900.00 1,084,466.80 (180.67) 10,975.69 3.251,084,286.131,000,000.00IBM CORP 3.625% 12FEB2024 88579YBB6 3.250 02/14/2024 541,935.00 537,594.15 (446.68) 4,829.86 01/14/2024 1.62537,147.47500,000.003M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) 06051GHF9 3.550 03/05/2024 535,525.00 523,770.68 3,612.48 4,240.28 03/05/2023 1.60527,383.16500,000.00BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) 46647PAP1 3.559 04/23/2024 534,240.00 529,527.68 (458.15) 1,878.36 04/23/2023 1.60529,069.53500,000.00JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23) Total Corporate Bonds 14,067,860.00 13,990,602.78 14,062,440.02 71,837.24 42.0994,878.7413,400,000.00 Government Agencies 313373ZY1 3.625 06/11/2021 1,024,040.00 1,000,324.47 688.27 17,118.06 3.061,001,012.741,000,000.00FEDERAL HOME LOAN BANK 3.625% 11JUN2021 313378JP7 2.375 09/10/2021 602,430.00 600,290.67 3,511.91 3,206.25 1.80603,802.58600,000.00FEDERAL HOME LOAN BANK 2.375% 10SEP2021 9 SECURITIES HELD As of May 31, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Government Agencies 3135G0Q89 1.375 10/07/2021 1,099,318.00 1,099,855.16 5,314.84 2,268.75 3.291,105,170.001,100,000.00FANNIE MAE 1.375% 07OCT2021 3137EADB2 2.375 01/13/2022 1,676,634.30 1,657,240.39 16,515.55 15,021.88 5.021,673,755.941,650,000.00FREDDIE MAC 2.375% 13JAN2022 313378WG2 2.500 03/11/2022 1,016,330.00 1,004,639.77 14,406.82 5,555.56 3.041,019,046.591,000,000.00FEDERAL HOME LOAN BANK 2.5% 11MAR2022 3135G0T78 2.000 10/05/2022 601,716.00 600,713.16 14,364.52 1,866.67 1.80615,077.68600,000.00FANNIE MAE 2% 05OCT2022 3130A3KM5 2.500 12/09/2022 1,021,240.00 1,009,411.43 26,548.49 11,944.44 3.061,035,959.921,000,000.00FEDERAL HOME LOAN BANK 2.5% 09DEC2022 3134GW2F2 0.300 05/25/2023 1,000,000.00 1,000,000.00 289.00 800.00 08/25/2021 2.991,000,289.001,000,000.00FREDDIE MAC 0.3% 25MAY2023 (CALLABLE 25AUG21) 3135G0U43 2.875 09/12/2023 1,047,553.22 1,027,353.92 32,856.91 6,309.03 3.131,060,210.831,000,000.00FANNIE MAE 2.875% 12SEP2023 3135G0V34 2.500 02/05/2024 621,262.80 613,280.65 22,671.43 4,833.33 1.86635,952.08600,000.00FANNIE MAE 2.5% 05FEB2024 3133EMWV0 0.350 04/22/2024 1,000,000.00 1,000,000.00 28.73 379.17 2.991,000,028.731,000,000.00FEDERAL FARM CREDIT BANK 0.35% 22APR2024 3136G46B4 0.350 04/26/2024 1,199,700.00 1,199,750.12 207.02 408.33 10/26/2021 3.591,199,957.141,200,000.00FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT21) 3133EMYR7 0.375 05/06/2024 1,000,000.00 1,000,000.00 8.30 260.42 05/06/2022 2.991,000,008.301,000,000.00FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 06MAY22) 10 SECURITIES HELD As of May 31, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Government Agencies 3135G0V75 1.750 07/02/2024 753,426.75 752,269.53 29,856.99 5,432.29 2.25782,126.52750,000.00FANNIE MAE 1.75% 02JUL2024 Total Government Agencies 13,663,651.07 13,565,129.27 13,732,398.05 167,268.78 40.8875,404.1813,500,000.00 Government Bonds 912828M80 2.000 11/30/2022 762,072.83 756,373.71 14,778.63 7,500.00 2.28771,152.34750,000.00USA TREASURY 2% 30NOV2022 91282CAW1 0.250 11/15/2023 1,000,120.54 1,000,116.52 1,094.42 108.70 2.991,001,210.941,000,000.00USA TREASURY 0.25% 15NOV2023 912828U57 2.125 11/30/2023 661,529.52 657,045.82 23,879.96 6,906.25 1.98680,925.78650,000.00USA TREASURY 2.125% 30NOV2023 91282CBV2 0.375 04/15/2024 1,001,175.22 1,001,141.52 1,358.48 471.31 3.001,002,500.001,000,000.00USA TREASURY 0.375% 15APR2024 91282CCC3 0.250 05/15/2024 996,878.35 996,932.32 1,505.18 108.70 2.98998,437.501,000,000.00USA TREASURY 0.25% 15MAY2024 Total Government Bonds 4,421,776.46 4,411,609.89 4,454,226.56 42,616.67 13.2315,094.964,400,000.00 Municipal/Provincial Bonds 888599LS4 5.250 09/02/2032 1,239,200.00 1,239,200.00 0.00 16,083.78 3.711,239,200.001,239,200.00PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 Total Municipal/Provincial Bonds 1,239,200.00 1,239,200.00 1,239,200.00 0.00 3.7116,083.781,239,200.00 Grand total 33,426,707.03 33,240,761.44 281,722.6932,573,419.50 100.00201,461.6633,522,484.13 11 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of May 31, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Federal National Mortgage Association 3135G0Q89 FANNIE MAE 1.375% 1.375 10/07/2021 AA+ Aaa 1,100,000.00 1,099,318.00 3.29 1,105,170.00 3.30 0.35 3135G0T78 FANNIE MAE 2% 2.000 10/05/2022 AA+ Aaa 600,000.00 601,716.00 1.80 615,077.68 1.83 1.33 3135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,047,553.22 3.13 1,060,210.83 3.16 2.21 3135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 600,000.00 621,262.80 1.86 635,952.08 1.90 2.59 3136G46B4 FANNIE MAE 0.35% 0.350 04/26/2024 10/26/2021 AA+ Aaa 1,200,000.00 1,199,700.00 3.59 1,199,957.14 3.58 1.19 3135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 750,000.00 753,426.75 2.25 782,126.52 2.33 3.00 Issuer total 5,250,000.00 5,322,976.77 15.92 5,398,494.25 16.10 1.65 United States Treasury Note/Bond 912828M80 USA TREASURY 2% 2.000 11/30/2022 AA+ Aaa 750,000.00 762,072.83 2.28 771,152.34 2.30 1.48 91282CAW1 USA TREASURY 0.25% 0.250 11/15/2023 AA+ Aaa 1,000,000.00 1,000,120.54 2.99 1,001,210.94 2.99 2.45 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 650,000.00 661,529.52 1.98 680,925.78 2.03 2.45 91282CBV2 USA TREASURY 0.375% 0.375 04/15/2024 AA+ Aaa 1,000,000.00 1,001,175.22 3.00 1,002,500.00 2.99 2.86 91282CCC3 USA TREASURY 0.25% 0.250 05/15/2024 AA+ Aaa 1,000,000.00 996,878.35 2.98 998,437.50 2.98 2.95 Issuer total 4,400,000.00 4,421,776.46 13.23 4,454,226.56 13.29 2.49 Federal Home Loan Banks 313373ZY1 FEDERAL HOME LOAN 3.625 06/11/2021 AA+ Aaa 1,000,000.00 1,024,040.00 3.06 1,001,012.74 2.99 0.03 313378JP7 FEDERAL HOME LOAN 2.375 09/10/2021 AA+ Aaa 600,000.00 602,430.00 1.80 603,802.58 1.80 0.28 313378WG2 FEDERAL HOME LOAN 2.500 03/11/2022 AA+ Aaa 1,000,000.00 1,016,330.00 3.04 1,019,046.59 3.04 0.77 3130A3KM5 FEDERAL HOME LOAN 2.500 12/09/2022 AA+ Aaa 1,000,000.00 1,021,240.00 3.06 1,035,959.92 3.09 1.48 Issuer total 3,600,000.00 3,664,040.00 10.96 3,659,821.83 10.92 0.68 Federal Home Loan Mortgage Corp 3137EADB2 FREDDIE MAC 2.375% 2.375 01/13/2022 AA+ Aaa 1,650,000.00 1,676,634.30 5.02 1,673,755.94 4.99 0.62 12 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of May 31, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Federal Home Loan Mortgage Corp 3134GW2F2 FREDDIE MAC 0.3% 0.300 05/25/2023 08/25/2021 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 1,000,289.00 2.98 0.61 Issuer total 2,650,000.00 2,676,634.30 8.01 2,674,044.94 7.98 0.62 Federal Farm Credit Banks Funding Corp 3133EMWV FEDERAL FARM CREDIT 0.350 04/22/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 1,000,028.73 2.98 2.88 3133EMYR7 FEDERAL FARM CREDIT 0.375 05/06/2024 05/06/2022 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 1,000,008.30 2.98 1.74 Issuer total 2,000,000.00 2,000,000.00 5.98 2,000,037.03 5.97 2.31 PT. SAN ASSESS DISTRICT 888599LS4 PT. SAN ASSESS 5.250 09/02/2032 NR NR 1,239,200.00 1,239,200.00 3.71 1,239,200.00 3.70 8.65 Issuer total 1,239,200.00 1,239,200.00 3.71 1,239,200.00 3.70 8.65 JPMorgan Chase & Co 46647PBB1 JPMORGAN CHASE & CO 3.207 04/01/2023 04/01/2022 A- A2 600,000.00 615,576.00 1.84 614,554.89 1.83 1.17 46647PAP1 JPMORGAN CHASE & CO 3.559 04/23/2024 04/23/2023 A- A2 500,000.00 534,240.00 1.60 529,069.53 1.58 1.84 Issuer total 1,100,000.00 1,149,816.00 3.44 1,143,624.42 3.41 1.48 Caterpillar Financial Services Corp 14912L5X5 CATERPILLAR FINANCIAL 3.750 11/24/2023 A A2 1,000,000.00 1,086,390.00 3.25 1,086,081.28 3.24 2.39 Issuer total 1,000,000.00 1,086,390.00 3.25 1,086,081.28 3.24 2.39 International Business Machines Corp 459200HU8 IBM CORP 3.625% 3.625 02/12/2024 A- A2 1,000,000.00 1,086,900.00 3.25 1,084,286.13 3.23 2.57 Issuer total 1,000,000.00 1,086,900.00 3.25 1,084,286.13 3.23 2.57 US Bancorp 91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A1 1,000,000.00 1,079,130.00 3.23 1,076,150.94 3.21 2.49 Issuer total 1,000,000.00 1,079,130.00 3.23 1,076,150.94 3.21 2.49 13 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of May 31, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Wells Fargo Bank NA 94988J5R4 WELLS FARGO BANK NA 3.550 08/14/2023 07/14/2023 A+ Aa2 1,000,000.00 1,074,350.00 3.21 1,069,644.97 3.19 2.04 Issuer total 1,000,000.00 1,074,350.00 3.21 1,069,644.97 3.19 2.04 Bank of America Corp 06051GHC6 BANK OF AMERICA CORP 3.004 12/20/2023 12/20/2022 A- A2 500,000.00 525,795.00 1.57 520,253.78 1.55 1.50 06051GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 500,000.00 535,525.00 1.60 527,383.16 1.57 1.70 Issuer total 1,000,000.00 1,061,320.00 3.18 1,047,636.94 3.13 1.60 Citibank NA 17325FAQ1 CITIBANK NA 3.4% 3.400 07/23/2021 06/23/2021 A+ Aa3 500,000.00 507,030.00 1.52 500,953.76 1.49 0.08 17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 500,000.00 541,470.00 1.62 541,788.35 1.62 2.45 Issuer total 1,000,000.00 1,048,500.00 3.14 1,042,742.11 3.11 1.30 American Honda Finance Corp 02665WDH1 AMERICAN HONDA 1.950 05/10/2023 A- A3 1,000,000.00 1,031,510.00 3.09 1,032,170.92 3.08 1.91 Issuer total 1,000,000.00 1,031,510.00 3.09 1,032,170.92 3.08 1.91 John Deere Capital Corp 24422EVN6 JOHN DEERE CAPITAL 0.450 01/17/2024 A A2 1,000,000.00 1,001,230.00 3.00 1,001,086.54 2.99 2.61 Issuer total 1,000,000.00 1,001,230.00 3.00 1,001,086.54 2.99 2.61 PNC Financial Services Group Inc/The 693475AV7 PNC FINANCIAL 3.500 01/23/2024 12/24/2023 A- A3 900,000.00 957,939.00 2.87 969,845.84 2.89 2.45 Issuer total 900,000.00 957,939.00 2.87 969,845.84 2.89 2.45 Toyota Motor Credit Corp 89236THA6 TOYOTA MOTOR CREDIT 1.350 08/25/2023 A+ A1 700,000.00 714,959.00 2.14 715,099.14 2.13 2.20 Issuer total 700,000.00 714,959.00 2.14 715,099.14 2.13 2.20 14 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of May 31, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares American Express Credit Corp 0258M0EG0 AMERICAN EXPRESS 2.700 03/03/2022 01/31/2022 A- A2 700,000.00 714,231.00 2.14 711,838.41 2.12 1.01 Issuer total 700,000.00 714,231.00 2.14 711,838.41 2.12 1.01 3M Co 88579YBB6 3M COMPANY 3.25% 3.250 02/14/2024 01/14/2024 A+ A1 500,000.00 541,935.00 1.62 537,147.47 1.60 2.52 Issuer total 500,000.00 541,935.00 1.62 537,147.47 1.60 2.52 Apple Inc 037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aa1 500,000.00 506,880.00 1.52 519,964.89 1.55 1.88 Issuer total 500,000.00 506,880.00 1.52 519,964.89 1.55 1.88 Walmart Inc 931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 500,000.00 509,155.00 1.52 519,277.62 1.55 1.59 Issuer total 500,000.00 509,155.00 1.52 519,277.62 1.55 1.59 Pfizer Inc 717081DZ3 PFIZER INC 2.2% 2.200 12/15/2021 A+ A2 500,000.00 503,615.00 1.51 505,842.40 1.51 0.54 Issuer total 500,000.00 503,615.00 1.51 505,842.40 1.51 0.54 Cash and Cash Equivalents INVESTED CASH 0.000 34,219.50 34,219.50 0.00 34,219.50 0.10 0.00 Issuer total 34,219.50 34,219.50 0.00 34,219.50 0.10 0.00 Grand total 32,573,419.50 33,426,707.03 100.00 33,522,484.13 100.00 2.00 15 SECURITIES PURCHASED For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Par value or shares Unit cost Accrued interest Trade date Settle date Coupon Maturity/ Call date Principal cost Cusip Description / Broker Corporate Bonds 46647PBB1 3.20705/03/2021 04/01/2023 600,000.00 102.60 (615,576.00) (1,817.30) 04/01/202205/05/2021 JPMORGAN CHASE & CO 3.207% WELLS FARGO SECURITIES, LLC 02665WDH1 1.95005/03/2021 05/10/2023 1,000,000.00 103.15 (1,031,510.00) (9,479.17) 05/05/2021 AMERICAN HONDA FINANCE 1.95% STIFEL NICOLAUS & CO,INCORORATED 14912L5X5 3.75005/03/2021 11/24/2023 1,000,000.00 108.64 (1,086,390.00) (16,770.83) 05/05/2021 CATERPILLAR FINANCIAL SE 3.75% CITIGROUP GLOBAL MARKETS INC. 24422EVN6 0.45005/03/2021 01/17/2024 1,000,000.00 100.12 (1,001,230.00) (762.50) 05/05/2021 JOHN DEERE CAPITAL CORP 0.45% MITSUBISHI UFJ SECURITIES (USA),INC 459200HU8 3.62505/03/2021 02/12/2024 1,000,000.00 108.69 (1,086,900.00) (8,357.64) 05/05/2021 IBM CORP 3.625% 12FEB2024 GOLDMAN, SACHS AND CO. 94988J5R4 3.55005/13/2021 08/14/2023 500,000.00 106.96 (534,815.00) (4,437.50) 07/14/202305/14/2021 WELLS FARGO BANK NA 3.55% WELLS FARGO SECURITIES, LLC 17325FAS7 3.65005/17/2021 01/23/2024 500,000.00 108.29 (541,470.00) (5,880.56) 12/23/202305/19/2021 CITIBANK NA 3.65% 23JAN2024 MORGAN STANLEY AND CO., LLC 5,600,000.00 (5,897,891.00) (47,505.50)Total Corporate Bonds Government Agencies 3133EMYR7 0.37505/03/2021 05/06/2024 1,000,000.00 100.00 (1,000,000.00) 0.00 05/06/202205/06/2021 FEDERAL FARM CREDIT BANK 0.375% MORGAN STANLEY AND CO., LLC 1,000,000.00 (1,000,000.00) 0.00Total Government Agencies 16 SECURITIES PURCHASED For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Par value or shares Unit cost Accrued interest Trade date Settle date Coupon Maturity/ Call date Principal cost Cusip Description / Broker Government Bonds 91282CBV2 0.37504/30/2021 04/15/2024 1,000,000.00 100.12 (1,001,175.22) (184.43) 05/03/2021 USA TREASURY 0.375% 15APR2024 WELLS FARGO BANK, N.A. 91282CBV2 0.37504/30/2021 04/15/2024 (1,000,000.00) 100.12 1,001,175.22 184.43 05/03/2021 USA TREASURY 0.375% 15APR2024 WELLS FARGO BANK, N.A. 91282CCC3 0.25005/12/2021 05/15/2024 1,000,000.00 99.69 (996,878.35) (13.59) 05/17/2021 USA TREASURY 0.25% 15MAY2024 BARCLAYS CAPITAL 1,000,000.00 (996,878.35) (13.59)Total Government Bonds Grand totalGrand total 7,600,000.00 (7,894,769.35) (47,519.09) 17 DETAIL OF RETURN AND INTEREST RECEIVED For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Cash Cash and Cash Equivalents 19.660.00 0.00 19.660.00 Total Cash 19.660.00 0.00 19.660.00 Corporate Bonds 3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24)1,399.30(1,194.73)(113.42)0.000.0088579YBB6 AMERICAN EXPRESS CREDIT 2.7% 03MAR2022 (CALLABLE 31JAN22)1,627.50(1,375.66)(1,173.24)0.000.000258M0EG0 AMERICAN HONDA FINANCE 1.95% 10MAY2023 1,408.33(1,211.92)660.92 9,750.000.0002665WDH1 APPLE INC 2.4% 03MAY2023 1,033.33(157.92)(1,131.05)6,000.000.00037833AK6 BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22)1,293.39(984.54)478.78 0.000.0006051GHC6 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23)1,528.47(1,123.02)714.57 0.000.0006051GHF9 CATERPILLAR FINANCIAL SE 3.75% 24NOV2023 2,708.34(2,623.56)(308.72)18,750.000.0014912L5X5 CITIBANK NA 3.4% 23JUL2021 (CALLABLE 06JUL21)1,463.88(283.09)(1,225.14)0.000.0017325FAQ1 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23)608.33(619.62)318.35 0.000.0017325FAS7 IBM CORP 3.625% 12FEB2024 2,618.05(2,433.20)(2,613.87)0.000.00459200HU8 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 325.00(35.32)(143.46)0.000.0024422EVN6 JPMORGAN CHASE & CO 3.207% 01APR2023 (CALLABLE 01APR22)1,389.70(1,325.62)(1,021.11)0.000.0046647PBB1 JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23)1,532.35(1,296.97)(935.71)0.000.0046647PAP1 PFIZER INC 2.2% 15DEC2021 947.22(150.84)(19.08)0.000.00717081DZ3 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23)2,712.50(1,530.91)97.67 0.000.00693475AV7 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 813.75(531.09)(252.11)0.000.0089236THA6 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24)2,531.25(2,457.45)(2,451.64)0.000.0091159HHV5 18 DETAIL OF RETURN AND INTEREST RECEIVED For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Corporate Bonds WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23)1,097.91(229.83)(400.25)0.000.00931142DH3 WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23)2,366.67(2,128.05)(275.03)0.000.0094988J5R4 Total Corporate Bonds 29,405.27(21,693.34)(9,793.54) 34,500.000.00 Government Agencies FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT21)361.666.92 1,253.93 0.000.003136G46B4 FANNIE MAE 1.375% 07OCT2021 1,302.4334.21 (1,127.28)0.000.003135G0Q89 FANNIE MAE 1.75% 02JUL2024 1,130.21(61.23)(972.86)0.000.003135G0V75 FANNIE MAE 2% 05OCT2022 1,033.34(44.12)(1,057.02)0.000.003135G0T78 FANNIE MAE 2.5% 05FEB2024 1,291.66(412.87)(419.83)0.000.003135G0V34 FANNIE MAE 2.875% 12SEP2023 2,475.70(998.31)(2,597.38)0.000.003135G0U43 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 272.230.00 313.92 0.000.003133EMWV0 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 06MAY22)260.420.00 8.30 0.000.003133EMYR7 FEDERAL HOME LOAN BANK 2.375% 10SEP2021 1,227.08(87.20)(1,035.55)0.000.00313378JP7 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 2,152.77(514.28)(1,188.61)0.000.003130A3KM5 FEDERAL HOME LOAN BANK 2.5% 11MAR2022 2,152.78(495.35)(1,774.99)0.000.00313378WG2 FEDERAL HOME LOAN BANK 3.625% 11JUN2021 3,121.53(884.90)(2,680.16)0.000.00313373ZY1 FREDDIE MAC 0.3% 25MAY2023 (CALLABLE 25AUG21)258.330.00 (27.31)0.000.003134GW2F2 FREDDIE MAC 2.375% 13JAN2022 3,374.48(937.37)(2,977.23)0.000.003137EADB2 Total Government Agencies 20,414.62(4,394.50) (14,282.07)0.000.00 19 DETAIL OF RETURN AND INTEREST RECEIVED For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Government Bonds USA TREASURY 0.25% 15MAY2024 95.1153.97 1,559.15 0.000.0091282CCC3 USA TREASURY 0.25% 15NOV2023 191.57(4.02)1,132.82 1,250.000.0091282CAW1 USA TREASURY 0.375% 15APR2024 286.88(33.70)1,250.00 0.000.0091282CBV2 USA TREASURY 2% 30NOV2022 1,277.47(360.56)(996.10)0.000.00912828M80 USA TREASURY 2.125% 30NOV2023 1,176.34(239.23)(304.69)0.000.00912828U57 Total Government Bonds 3,027.37(583.54)2,641.18 1,250.000.00 Municipal/Provincial Bonds PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 5,602.210.00 0.00 0.000.00888599LS4 Total Municipal/Provincial Bonds 5,602.210.00 0.00 0.000.00 Grand total 58,469.13(26,671.38) (21,434.43) 35,769.660.00 20 TRANSACTION REPORT For the period May 1, 2021 - May 31, 2021 SAN RAFAEL Maturity Par value or shares Interest Transaction totalPrincipalTransactionCusip Sec type DescriptionTrade date Settle date Realized gain(loss) (184.43)04/30/2021 05/03/2021 Bought91282CBV2 Government Bonds USA TREASURY 0.375% 04/15/2024 1,000,000.00 (1,001,175.22) (1,001,359.65)0.00 184.4304/30/2021 05/03/2021 Bought91282CBV2 Government Bonds USA TREASURY 0.375% 04/15/2024 (1,000,000.00) 1,001,175.22 1,001,359.650.00 (9,479.17)05/03/2021 05/05/2021 Bought02665WDH1 Corporate Bonds AMERICAN HONDA FINANCE 05/10/2023 1,000,000.00 (1,031,510.00) (1,040,989.17)0.00 6,000.0005/03/2021 05/03/2021 Income037833AK6 Corporate Bonds APPLE INC 2.4% 03MAY2023 05/03/2023 500,000.00 0.00 6,000.000.00 (16,770.83)05/03/2021 05/05/2021 Bought14912L5X5 Corporate Bonds CATERPILLAR FINANCIAL SE 11/24/2023 1,000,000.00 (1,086,390.00) (1,103,160.83)0.00 (762.50)05/03/2021 05/05/2021 Bought24422EVN6 Corporate Bonds JOHN DEERE CAPITAL CORP 01/17/2024 1,000,000.00 (1,001,230.00) (1,001,992.50)0.00 0.0005/03/2021 05/06/2021 Bought3133EMYR7 Government Agencies FEDERAL FARM CREDIT BANK 05/06/2024 1,000,000.00 (1,000,000.00) (1,000,000.00)0.00 (8,357.64)05/03/2021 05/05/2021 Bought459200HU8 Corporate Bonds IBM CORP 3.625% 12FEB2024 02/12/2024 1,000,000.00 (1,086,900.00) (1,095,257.64)0.00 (1,817.30)05/03/2021 05/05/2021 Bought46647PBB1 Corporate Bonds JPMORGAN CHASE & CO 04/01/2023 600,000.00 (615,576.00) (617,393.30)0.00 9,750.0005/10/2021 05/10/2021 Income02665WDH1 Corporate Bonds AMERICAN HONDA FINANCE 05/10/2023 1,000,000.00 0.00 9,750.000.00 (13.59)05/12/2021 05/17/2021 Bought91282CCC3 Government Bonds USA TREASURY 0.25% 05/15/2024 1,000,000.00 (996,878.35) (996,891.94)0.00 (4,437.50)05/13/2021 05/14/2021 Bought94988J5R4 Corporate Bonds WELLS FARGO BANK NA 3.55% 08/14/2023 500,000.00 (534,815.00) (539,252.50)0.00 1,250.0005/15/2021 05/15/2021 Income91282CAW1 Government Bonds USA TREASURY 0.25% 11/15/2023 1,000,000.00 0.00 1,250.000.00 (5,880.56)05/17/2021 05/19/2021 Bought17325FAS7 Corporate Bonds CITIBANK NA 3.65% 23JAN2024 01/23/2024 500,000.00 (541,470.00) (547,350.56)0.00 18,750.0005/24/2021 05/24/2021 Income14912L5X5 Corporate Bonds CATERPILLAR FINANCIAL SE 11/24/2023 1,000,000.00 0.00 18,750.000.00 19.66Income Cash and Cash Equivalents Cash 19.660.00 0.000.0005/31/2021 21 ADDITIONAL INFORMATION As of May 31, 2021 SAN RAFAEL Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. This document must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment International Limited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment. INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is available without charge upon request. Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. INA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years. At the end of five years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV. Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight’s own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased. It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed. Please compare the information provided in this statement to the information provided in the statement received from your Custodian. For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker. In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. When Moody’s, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody’s and S&P ratings. Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is an appropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of the indices may be materially different from that of the strategy. In addition, the strategy’s holdings may differ substantially from the securities that comprise the indices shown. The ICE BofA 3 Month US T-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income. The ICE BofA 6 Month US T-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months. The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years. The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. 22 ADDITIONAL INFORMATION As of May 31, 2021 SAN RAFAEL Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment. Insight is a group of wholly owned subsidiaries of The Bank of New York Mellon Corporation. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith. © 2021 Insight Investment. All rights reserved. 23 FOR PROFESSIONAL CLIENTS ONLY NOT TO BE REPRODUCED WITHOUT PRIOR WRITTEN APPROVAL PLEASE REFER TO ALL RISK DISCLOSURES AT THE BACK OF THIS DOCUMENT SAN RAFAEL June 2021 Contents Fixed income market review 3 Activity and performance summary 4 Recap of securities held 6 Maturity distribution of securities held 7 Securities held 8 GASB 40 - Deposit and investment risk disclosure 12 Securities purchased 16 Securities sold and matured 17 Detail of return and interest received 18 Transaction report 21 Additional information 22 FIXED INCOME MARKET REVIEW As of June 30, 2021 SAN RAFAEL Chart 1: CPI rises but is driven by ‘transitory’ categories Source:Federal Reserve, June30,2021. Chart 2: Unemployment edges lower Source: Federal Reserve, June 30, 2021. Economic Indicators and Monetary Policy Headline CPI rose 0.6% month-on-month to hit 5% year-on-year, the fastest since 2008. Core CPI also substantially beat expectations at 3.8%, the fastest since 1992. However, it was largely driven by ‘transitory’ inflation categories. Chiefly, used car prices surged, rising 7.3% (up nearly 30% from last year – see Chart 1). Car rental prices rose 12% and have risen 45% in just the past three months. Elsewhere, airfare and apparel prices also rose significantly, benefitting from the continued economic reopening. The Fed released its latest ‘dot plot’ projections of future interest rate policy. As widely expected, the committee’s median estimate continued to reflect no rate hike in 2021 or 2022. However, its estimate of two rate hikes in 2023 was taken as a hawkish surprise by markets. There was a wide range of views on the committee with five doves predicting no hikes in 2023, and two hawks predicting six hikes. As we expected, the Fed avoided any direct ‘taper talk’. Although, during the press conference, Chair Powell noted the committee was at the ‘talking about talking about it’ stage, discussing the framework around a future taper but with no formal guidance as to when to pull the trigger. The Fed also revealed its quarterly economic forecasts. It slightly updated its median PCE estimate to just above 2% in 2022 from 2% last quarter. Payrolls data fell below expectations at 559,000, versus the 800,000 expected. The leisure and hospitality sector added 292K jobs, close to the trend over the last three months. The participation rate fell as 160,000 workers left the labor force. The net effect was a drop in the unemployment rate from 6.1% from 5.8%. Notably Cleveland Fed President Mester characterizedit as “solid” but falling short of “substantial further progress” adding we are "not anywhere near a wage-price spiral". The pace of US reopening continued with New York state, the hardest hit at the start of the pandemic, fully reopening. Interest Rate Summary At the end of June, the 3-month US Treasury bill yielded 0.05%, the 6-month US Treasury bill yielded 0.06%, the 2-year US Treasury note yielded 0.25%, the 5-year US Treasury note yielded 0.89% and the 10-year US Treasury note yielded 1.5%. American Rescue Plan 3 ACTIVITY AND PERFORMANCE SUMMARY For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Amortized Cost Basis Activity Summary 33,240,761.44Opening balance 59,535.57Income received 59,535.57Total receipts (201.78)Expenses paid (201.78)Total disbursements 0.00Interportfolio transfers 0.00Total Interportfolio transfers 0.00Realized gain (loss) 0.00Change in accruals from security movement (28,573.48)Total amortization expense 126.82Total OID/MKT accretion income 0.00Return of capital Closing balance 33,271,648.57 Ending fair value 33,478,588.38 206,939.81Unrealized gain (loss) Comparative Rates of Return (%) * Twelve month trailing * Six month trailing * One month Fed Funds 0.08 0.04 0.01 Overnight Repo 0.07 0.02 0.00 Merrill Lynch 3m US Treas Bill 0.05 0.01 0.00 Merrill Lynch 6m US Treas Bill 0.06 0.02 0.00 ML 1 Year US Treasury Note 0.10 0.04 0.01 ML 2 Year US Treasury Note 0.15 0.08 0.02 ML 5 Year US Treasury Note 0.52 0.36 0.07 * rates reflected are cumulative Summary of Amortized Cost Basis Return for the Period Total portfolio Interest earned 56,611.88 Accretion (amortization)(28,446.66) Realized gain (loss) on sales 0.00 Total income on portfolio 28,165.22 Average daily amortized cost 33,267,454.39 Period return (%) Weighted average final maturity in days 872 YTD return (%) Detail of Amortized Cost Basis Return Interest earned Realized gain (loss) Accretion (amortization) Total income 0.00Cash and Cash Equivalents 10.98 0.00 10.98 0.00Corporate Bonds 30,945.30 (24,016.66) 6,928.64 0.00Government Agencies 17,338.15 (3,898.25) 13,439.90 0.00Government Bonds 3,076.66 (531.75) 2,544.91 0.00Municipal/Provincial Bonds 5,240.79 0.00 5,240.79 Total 56,611.88 (28,446.66) 0.00 28,165.22 0.08 0.83 4 ACTIVITY AND PERFORMANCE SUMMARY For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Fair Value Basis Activity Summary 33,522,484.13Opening balance 59,535.57Income received 59,535.57Total receipts (201.78)Expenses paid (201.78)Total disbursements 0.00Interportfolio transfers 0.00Total Interportfolio transfers 0.00Unrealized gain (loss) on security movements 0.00Change in accruals from security movement 0.00Return of capital Change in fair value for the period (103,229.54) Ending fair value 33,478,588.38 Comparative Rates of Return (%) * Twelve month trailing * Six month trailing * One month Fed Funds 0.08 0.04 0.01 Overnight Repo 0.07 0.02 0.00 ICE Bofa 3 Months US T-BILL 0.09 0.02 0.00 ICE Bofa 6m US Treas Bill 0.17 0.05 (0.01) ICE Bofa 1 Yr US Treasury Note 0.22 0.09 (0.01) ICE BofA US Treasury 1-3 0.07 (0.08) (0.15) ICE BofA US Treasury 1-5 (0.27) (0.42) (0.22) * rates reflected are cumulative Detail of Fair Value Basis Return Interest earned Change in fair value Total income Cash and Cash Equivalents 10.98 0.00 10.98 Corporate Bonds 30,945.30 (51,629.11) (20,683.81) Government Agencies 17,338.15 (36,555.51) (19,217.36) Government Bonds 3,076.66 (15,044.92) (11,968.26) Municipal/Provincial Bonds 5,240.79 0.00 5,240.79 Total 56,611.88 (103,229.54) (46,617.66) Summary of Fair Value Basis Return for the Period Total portfolio Interest earned 56,611.88 Total income on portfolio (46,617.66) Average daily total value *33,689,327.29 Period return (%)(0.14) Weighted average final maturity in days 872 Change in fair value (103,229.54) YTD return (%)0.08 * Total value equals market value and accrued interest 5 RECAP OF SECURITIES HELD As of June 30, 2021 SAN RAFAEL Weighted average final maturity (days) Weighted average effective duration (years) Percent of portfolio Amortized cost Historical cost Fair value Unrealized gain (loss) Cash and Cash Equivalents 56,088.29 56,088.29 56,088.29 0.00 0.17 0.001 Corporate Bonds 14,098,295.00 14,004,051.12 14,048,275.91 44,224.79 806 42.14 1.94 Government Agencies 13,639,611.07 13,561,231.02 13,695,842.54 134,611.52 648 40.77 1.39 Government Bonds 4,421,776.46 4,411,078.14 4,439,181.64 28,103.50 885 13.22 2.40 Municipal/Provincial Bonds 1,239,200.00 1,239,200.00 1,239,200.00 0.00 4,082 3.70 8.53 Total 33,454,970.82 33,271,648.57 33,478,588.38 206,939.81 872 100.00 2.02 Cash and Cash Equivalents Corporate Bonds Government Agencies Government Bonds Municipal/Provincial Bonds Portfolio diversification (%) Cash and Cash Equivalents 0.17 Corporate Bonds 42.14 Government Agencies 40.77 Government Bonds 13.22 Municipal/Provincial Bonds 3.70 Portfolio diversification (%) 6 MATURITY DISTRIBUTION OF SECURITIES HELD As of June 30, 2021 SAN RAFAEL Maturity Historic cost Percent Under 90 days 658,518.29 1.97 90 to 179 days 1,602,933.00 4.79 180 days to 1 year 4,022,771.30 12.02 1 to 2 years 7,028,133.83 21.01 2 to 3 years 18,149,987.65 54.25 3 to 4 years 753,426.75 2.25 4 to 5 years 0.00 0.00 Over 5 years 1,239,200.00 3.70 33,454,970.82 100.00 Maturity distribution 0.00 5.00 10.00 15.00 20.00 Hi s t o r i c a l c o s t ( m m )Under 90 days90 to 179 days180 days to 1 year1 to 2 years2 to 3 years3 to 4 years4 to 5 yearsOver 5 years7 SECURITIES HELD As of June 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Cash and Cash Equivalents 0.000 56,088.29 56,088.29 0.00 0.00 0.1756,088.2956,088.29Cash and Cash Equivalents Total Cash and Cash Equivalents 56,088.29 56,088.29 56,088.29 0.00 0.170.0056,088.29 Corporate Bonds 717081DZ3 2.200 12/15/2021 503,615.00 500,829.59 3,640.72 458.33 1.51504,470.31500,000.00PFIZER INC 2.2% 15DEC2021 0258M0EG0 2.700 03/03/2022 714,231.00 709,914.26 288.99 6,142.50 01/31/2022 2.13710,203.25700,000.00AMERICAN EXPRESS CREDIT 2.7% 03MAR2022 (CALLABLE 31JAN22) 46647PBB1 3.207 04/01/2023 615,576.00 612,830.08 192.88 4,757.05 04/01/2022 1.84613,022.96600,000.00JPMORGAN CHASE & CO 3.207% 01APR2023 (CALLABLE 01APR22) 931142DH3 2.550 04/11/2023 509,155.00 504,221.26 14,244.11 2,797.92 01/11/2023 1.52518,465.37500,000.00WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 037833AK6 2.400 05/03/2023 506,880.00 503,490.01 15,449.99 1,900.00 1.52518,940.00500,000.00APPLE INC 2.4% 03MAY2023 02665WDH1 1.950 05/10/2023 1,031,510.00 1,028,999.59 992.64 2,708.33 3.081,029,992.231,000,000.00AMERICAN HONDA FINANCE 1.95% 10MAY2023 94988J5R4 3.550 08/14/2023 1,074,350.00 1,065,137.40 (532.06) 13,411.11 07/14/2023 3.211,064,605.341,000,000.00WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23) 89236THA6 1.350 08/25/2023 714,959.00 713,719.79 147.82 3,281.25 2.14713,867.61700,000.00TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 14912L5X5 3.750 11/24/2023 1,086,390.00 1,080,955.49 (1,233.49) 3,750.00 3.251,079,722.001,000,000.00CATERPILLAR FINANCIAL SE 3.75% 24NOV2023 06051GHC6 3.004 12/20/2023 525,795.00 517,393.58 780.48 417.22 12/20/2022 1.57518,174.06500,000.00BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22) 8 SECURITIES HELD As of June 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Corporate Bonds 24422EVN6 0.450 01/17/2024 1,001,230.00 1,001,156.83 (2,273.59) 1,450.00 2.99998,883.241,000,000.00JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 17325FAS7 3.650 01/23/2024 541,470.00 539,522.64 (1,543.17) 7,959.03 12/23/2023 1.62537,979.47500,000.00CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 693475AV7 3.500 01/23/2024 957,939.00 945,570.09 20,522.56 13,737.50 12/24/2023 2.86966,092.65900,000.00PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) 91159HHV5 3.375 02/05/2024 1,079,130.00 1,074,133.18 (3,156.73) 13,593.75 01/05/2024 3.231,070,976.451,000,000.00US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 459200HU8 3.625 02/12/2024 1,086,900.00 1,081,859.80 (4,488.40) 13,895.83 3.251,077,371.401,000,000.00IBM CORP 3.625% 12FEB2024 88579YBB6 3.250 02/14/2024 541,935.00 536,399.42 (878.13) 6,138.89 01/14/2024 1.62535,521.29500,000.003M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) 713448CM8 3.600 03/01/2024 537,465.00 537,039.74 380.82 5,950.00 12/01/2023 1.61537,420.56500,000.00PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) 06051GHF9 3.550 03/05/2024 535,525.00 522,647.66 2,690.69 5,670.14 03/05/2023 1.60525,338.35500,000.00BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) 46647PAP1 3.559 04/23/2024 534,240.00 528,230.71 (1,001.34) 3,311.85 04/23/2023 1.60527,229.37500,000.00JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23) Total Corporate Bonds 14,098,295.00 14,004,051.12 14,048,275.91 44,224.79 42.14111,330.7013,400,000.00 Government Agencies 313378JP7 2.375 09/10/2021 602,430.00 600,203.47 2,441.62 4,354.17 1.80602,645.09600,000.00FEDERAL HOME LOAN BANK 2.375% 10SEP2021 3135G0Q89 1.375 10/07/2021 1,099,318.00 1,099,889.37 3,966.66 3,487.15 3.291,103,856.031,100,000.00FANNIE MAE 1.375% 07OCT2021 9 SECURITIES HELD As of June 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Government Agencies 3137EADB2 2.375 01/13/2022 1,676,634.30 1,656,238.37 13,957.63 18,178.65 5.011,670,196.001,650,000.00FREDDIE MAC 2.375% 13JAN2022 313378WG2 2.500 03/11/2022 1,016,330.00 1,004,144.42 12,636.58 7,569.44 3.041,016,781.001,000,000.00FEDERAL HOME LOAN BANK 2.5% 11MAR2022 3135G0T78 2.000 10/05/2022 601,716.00 600,669.05 13,144.61 2,833.33 1.80613,813.66600,000.00FANNIE MAE 2% 05OCT2022 3130A3KM5 2.500 12/09/2022 1,021,240.00 1,008,897.14 24,422.53 1,458.33 3.051,033,319.671,000,000.00FEDERAL HOME LOAN BANK 2.5% 09DEC2022 3134GW2F2 0.300 05/25/2023 1,000,000.00 1,000,000.00 (1,855.81) 1,041.67 08/25/2021 2.99998,144.191,000,000.00FREDDIE MAC 0.3% 25MAY2023 (CALLABLE 25AUG21) 3135G0U43 2.875 09/12/2023 1,047,553.22 1,026,355.60 30,643.12 8,625.00 3.131,056,998.721,000,000.00FANNIE MAE 2.875% 12SEP2023 3135G0V34 2.500 02/05/2024 621,262.80 612,867.78 20,018.02 6,041.67 1.86632,885.80600,000.00FANNIE MAE 2.5% 05FEB2024 3133EMWV0 0.350 04/22/2024 1,000,000.00 1,000,000.00 (2,501.26) 661.11 2.99997,498.741,000,000.00FEDERAL FARM CREDIT BANK 0.35% 22APR2024 3130AMQQ8 0.350 04/23/2024 1,000,000.00 1,000,000.00 (1,687.65) 68.06 12/23/2021 2.99998,312.351,000,000.00FEDERAL HOME LOAN BANK 0.35% 23APR2024 (CALLABLE 23DEC21) 3136G46B4 0.350 04/26/2024 1,199,700.00 1,199,757.52 (4,236.45) 746.67 10/26/2021 3.591,195,521.071,200,000.00FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT21) 3133EMYR7 0.375 05/06/2024 1,000,000.00 1,000,000.00 (3,856.03) 562.50 05/06/2022 2.99996,143.971,000,000.00FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 06MAY22) 10 SECURITIES HELD As of June 30, 2021 SAN RAFAEL Amortized cost Fair value Unrealized gain (loss) Coupon Maturity/ Call date Historical costCusip Total accrued interest % Port cost Par value or shares Description Government Agencies 3135G0V75 1.750 07/02/2024 753,426.75 752,208.30 27,517.95 6,489.58 2.25779,726.25750,000.00FANNIE MAE 1.75% 02JUL2024 Total Government Agencies 13,639,611.07 13,561,231.02 13,695,842.54 134,611.52 40.7762,117.3313,500,000.00 Government Bonds 912828M80 2.000 11/30/2022 762,072.83 756,024.78 13,369.76 1,229.51 2.28769,394.54750,000.00USA TREASURY 2% 30NOV2022 91282CAW1 0.250 11/15/2023 1,000,120.54 1,000,112.63 (1,792.32) 312.50 2.99998,320.311,000,000.00USA TREASURY 0.25% 15NOV2023 912828U57 2.125 11/30/2023 661,529.52 656,814.30 21,293.12 1,132.17 1.98678,107.42650,000.00USA TREASURY 2.125% 30NOV2023 91282CBV2 0.375 04/15/2024 1,001,175.22 1,001,108.90 (2,280.78) 778.69 2.99998,828.121,000,000.00USA TREASURY 0.375% 15APR2024 91282CCC3 0.250 05/15/2024 996,878.35 997,017.53 (2,486.28) 312.50 2.98994,531.251,000,000.00USA TREASURY 0.25% 15MAY2024 Total Government Bonds 4,421,776.46 4,411,078.14 4,439,181.64 28,103.50 13.223,765.374,400,000.00 Municipal/Provincial Bonds 888599LS4 5.250 09/02/2032 1,239,200.00 1,239,200.00 0.00 21,324.57 3.701,239,200.001,239,200.00PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 Total Municipal/Provincial Bonds 1,239,200.00 1,239,200.00 1,239,200.00 0.00 3.7021,324.571,239,200.00 Grand total 33,454,970.82 33,271,648.57 206,939.8132,595,288.29 100.00198,537.9733,478,588.38 11 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of June 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Federal National Mortgage Association 3135G0Q89 FANNIE MAE 1.375% 1.375 10/07/2021 AA+ Aaa 1,100,000.00 1,099,318.00 3.29 1,103,856.03 3.30 0.27 3135G0T78 FANNIE MAE 2% 2.000 10/05/2022 AA+ Aaa 600,000.00 601,716.00 1.80 613,813.66 1.83 1.25 3135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,047,553.22 3.13 1,056,998.72 3.16 2.13 3135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 600,000.00 621,262.80 1.86 632,885.80 1.89 2.51 3136G46B4 FANNIE MAE 0.35% 0.350 04/26/2024 10/26/2021 AA+ Aaa 1,200,000.00 1,199,700.00 3.59 1,195,521.07 3.57 1.42 3135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 750,000.00 753,426.75 2.25 779,726.25 2.33 2.92 Issuer total 5,250,000.00 5,322,976.77 15.91 5,382,801.53 16.08 1.64 United States Treasury Note/Bond 912828M80 USA TREASURY 2% 2.000 11/30/2022 AA+ Aaa 750,000.00 762,072.83 2.28 769,394.54 2.30 1.40 91282CAW1 USA TREASURY 0.25% 0.250 11/15/2023 AA+ Aaa 1,000,000.00 1,000,120.54 2.99 998,320.31 2.98 2.37 912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 650,000.00 661,529.52 1.98 678,107.42 2.03 2.36 91282CBV2 USA TREASURY 0.375% 0.375 04/15/2024 AA+ Aaa 1,000,000.00 1,001,175.22 2.99 998,828.12 2.98 2.78 91282CCC3 USA TREASURY 0.25% 0.250 05/15/2024 AA+ Aaa 1,000,000.00 996,878.35 2.98 994,531.25 2.97 2.86 Issuer total 4,400,000.00 4,421,776.46 13.22 4,439,181.64 13.26 2.40 Federal Home Loan Banks 313378JP7 FEDERAL HOME LOAN 2.375 09/10/2021 AA+ Aaa 600,000.00 602,430.00 1.80 602,645.09 1.80 0.20 313378WG2 FEDERAL HOME LOAN 2.500 03/11/2022 AA+ Aaa 1,000,000.00 1,016,330.00 3.04 1,016,781.00 3.04 0.69 3130A3KM5 FEDERAL HOME LOAN 2.500 12/09/2022 AA+ Aaa 1,000,000.00 1,021,240.00 3.05 1,033,319.67 3.09 1.42 3130AMQQ FEDERAL HOME LOAN 0.350 04/23/2024 12/23/2021 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 998,312.35 2.98 1.48 Issuer total 3,600,000.00 3,640,000.00 10.88 3,651,058.11 10.91 1.03 Federal Home Loan Mortgage Corp 3137EADB2 FREDDIE MAC 2.375% 2.375 01/13/2022 AA+ Aaa 1,650,000.00 1,676,634.30 5.01 1,670,196.00 4.99 0.53 12 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of June 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Federal Home Loan Mortgage Corp 3134GW2F2 FREDDIE MAC 0.3% 0.300 05/25/2023 08/25/2021 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 998,144.19 2.98 0.88 Issuer total 2,650,000.00 2,676,634.30 8.00 2,668,340.19 7.97 0.66 Federal Farm Credit Banks Funding Corp 3133EMWV FEDERAL FARM CREDIT 0.350 04/22/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 997,498.74 2.98 2.80 3133EMYR7 FEDERAL FARM CREDIT 0.375 05/06/2024 05/06/2022 AA+ Aaa 1,000,000.00 1,000,000.00 2.99 996,143.97 2.98 1.96 Issuer total 2,000,000.00 2,000,000.00 5.98 1,993,642.71 5.95 2.38 PT. SAN ASSESS DISTRICT 888599LS4 PT. SAN ASSESS 5.250 09/02/2032 NR NR 1,239,200.00 1,239,200.00 3.70 1,239,200.00 3.70 8.53 Issuer total 1,239,200.00 1,239,200.00 3.70 1,239,200.00 3.70 8.53 JPMorgan Chase & Co 46647PBB1 JPMORGAN CHASE & CO 3.207 04/01/2023 04/01/2022 A- A2 600,000.00 615,576.00 1.84 613,022.96 1.83 0.75 46647PAP1 JPMORGAN CHASE & CO 3.559 04/23/2024 04/23/2023 A- A2 500,000.00 534,240.00 1.60 527,229.37 1.57 1.75 Issuer total 1,100,000.00 1,149,816.00 3.44 1,140,252.33 3.41 1.21 Caterpillar Financial Services Corp 14912L5X5 CATERPILLAR FINANCIAL 3.750 11/24/2023 A A2 1,000,000.00 1,086,390.00 3.25 1,079,722.00 3.23 2.31 Issuer total 1,000,000.00 1,086,390.00 3.25 1,079,722.00 3.23 2.31 International Business Machines Corp 459200HU8 IBM CORP 3.625% 3.625 02/12/2024 A- A2 1,000,000.00 1,086,900.00 3.25 1,077,371.40 3.22 2.49 Issuer total 1,000,000.00 1,086,900.00 3.25 1,077,371.40 3.22 2.49 US Bancorp 91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A1 1,000,000.00 1,079,130.00 3.23 1,070,976.45 3.20 2.41 Issuer total 1,000,000.00 1,079,130.00 3.23 1,070,976.45 3.20 2.41 13 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of June 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Wells Fargo Bank NA 94988J5R4 WELLS FARGO BANK NA 3.550 08/14/2023 07/14/2023 A+ Aa2 1,000,000.00 1,074,350.00 3.21 1,064,605.34 3.18 1.96 Issuer total 1,000,000.00 1,074,350.00 3.21 1,064,605.34 3.18 1.96 Bank of America Corp 06051GHC6 BANK OF AMERICA CORP 3.004 12/20/2023 12/20/2022 A- A2 500,000.00 525,795.00 1.57 518,174.06 1.55 1.45 06051GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 500,000.00 535,525.00 1.60 525,338.35 1.57 1.62 Issuer total 1,000,000.00 1,061,320.00 3.17 1,043,512.41 3.12 1.54 American Honda Finance Corp 02665WDH1 AMERICAN HONDA 1.950 05/10/2023 A- A3 1,000,000.00 1,031,510.00 3.08 1,029,992.23 3.08 1.82 Issuer total 1,000,000.00 1,031,510.00 3.08 1,029,992.23 3.08 1.82 John Deere Capital Corp 24422EVN6 JOHN DEERE CAPITAL 0.450 01/17/2024 A A2 1,000,000.00 1,001,230.00 2.99 998,883.24 2.98 2.53 Issuer total 1,000,000.00 1,001,230.00 2.99 998,883.24 2.98 2.53 PNC Financial Services Group Inc/The 693475AV7 PNC FINANCIAL 3.500 01/23/2024 12/24/2023 A- A3 900,000.00 957,939.00 2.86 966,092.65 2.89 2.37 Issuer total 900,000.00 957,939.00 2.86 966,092.65 2.89 2.37 Toyota Motor Credit Corp 89236THA6 TOYOTA MOTOR CREDIT 1.350 08/25/2023 A+ A1 700,000.00 714,959.00 2.14 713,867.61 2.13 2.12 Issuer total 700,000.00 714,959.00 2.14 713,867.61 2.13 2.12 American Express Credit Corp 0258M0EG0 AMERICAN EXPRESS 2.700 03/03/2022 01/31/2022 A- A2 700,000.00 714,231.00 2.13 710,203.25 2.12 0.58 Issuer total 700,000.00 714,231.00 2.13 710,203.25 2.12 0.58 14 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE As of June 30, 2021 SAN RAFAEL Cusip S&P rating Moody rating Historical cost % Portfolio hist cost Market value % Portfolio mkt value Effective dur (yrs) Description Coupon Maturity date Call date Par value or shares Citibank NA 17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 500,000.00 541,470.00 1.62 537,979.47 1.61 2.36 Issuer total 500,000.00 541,470.00 1.62 537,979.47 1.61 2.36 PepsiCo Inc 713448CM8 PEPSICO INC 3.6% 3.600 03/01/2024 12/01/2023 A+ A1 500,000.00 537,465.00 1.61 537,420.56 1.61 2.33 Issuer total 500,000.00 537,465.00 1.61 537,420.56 1.61 2.33 3M Co 88579YBB6 3M COMPANY 3.25% 3.250 02/14/2024 01/14/2024 A+ A1 500,000.00 541,935.00 1.62 535,521.29 1.60 2.44 Issuer total 500,000.00 541,935.00 1.62 535,521.29 1.60 2.44 Apple Inc 037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aa1 500,000.00 506,880.00 1.52 518,940.00 1.55 1.80 Issuer total 500,000.00 506,880.00 1.52 518,940.00 1.55 1.80 Walmart Inc 931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 500,000.00 509,155.00 1.52 518,465.37 1.55 1.51 Issuer total 500,000.00 509,155.00 1.52 518,465.37 1.55 1.51 Pfizer Inc 717081DZ3 PFIZER INC 2.2% 2.200 12/15/2021 A+ A2 500,000.00 503,615.00 1.51 504,470.31 1.51 0.46 Issuer total 500,000.00 503,615.00 1.51 504,470.31 1.51 0.46 Cash and Cash Equivalents INVESTED CASH 0.000 56,088.29 56,088.29 0.00 56,088.29 0.17 0.00 Issuer total 56,088.29 56,088.29 0.00 56,088.29 0.17 0.00 Grand total 32,595,288.29 33,454,970.82 100.00 33,478,588.38 100.00 2.02 15 SECURITIES PURCHASED For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Par value or shares Unit cost Accrued interest Trade date Settle date Coupon Maturity/ Call date Principal cost Cusip Description / Broker Corporate Bonds 713448CM8 3.60006/21/2021 03/01/2024 500,000.00 107.49 (537,465.00) (5,600.00) 12/01/202306/23/2021 PEPSICO INC 3.6% 01MAR2024 CITIGROUP GLOBAL MARKETS INC. 500,000.00 (537,465.00) (5,600.00)Total Corporate Bonds Government Agencies 3130AMQQ8 0.35006/09/2021 04/23/2024 1,000,000.00 100.00 (1,000,000.00) 0.00 12/23/202106/23/2021 FEDERAL HOME LOAN BANK 0.35% WELLS FARGO SECURITIES, LLC 1,000,000.00 (1,000,000.00) 0.00Total Government Agencies Grand totalGrand total 1,500,000.00 (1,537,465.00) (5,600.00) 16 SECURITIES SOLD AND MATURED For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Historical cost Amortized cost at sale or maturity Fair value at sale or maturity Realized gain (loss) PriceCouponTrade date Settle date Maturity/ Call date Par value or shares Cusip Accrued interest sold Description / Broker Corporate Bonds 17325FAQ1 3.40006/23/2021 (500,000.00) 507,030.00 500,000.00 0.00 500,000.00 0.00 0.00 06/23/2021 CITIBANK NA 3.4% 23JUL2021 (CALLABLE 23JUN21) (500,000.00)0.00507,030.00 500,000.00 500,000.00 0.00Total (Corporate Bonds) Government Agencies 313373ZY1 3.62506/11/2021 (1,000,000.00) 1,024,040.00 1,000,000.00 0.00 1,000,000.00 0.00 0.00 06/11/2021 FHLB BD 3.625 06-11-2021 (1,000,000.00)0.001,024,040.00 1,000,000.00 1,000,000.00 0.00Total (Government Agencies) Grand totalGrand total (1,500,000.00)0.001,531,070.00 1,500,000.00 1,500,000.00 0.00 17 DETAIL OF RETURN AND INTEREST RECEIVED For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Cash Cash and Cash Equivalents 10.980.00 0.00 10.980.00 Total Cash 10.980.00 0.00 10.980.00 Corporate Bonds 3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24)1,309.03(1,194.73)(1,626.18)0.000.0088579YBB6 AMERICAN EXPRESS CREDIT 2.7% 03MAR2022 (CALLABLE 31JAN22)1,522.50(1,470.54)(1,635.16)0.000.000258M0EG0 AMERICAN HONDA FINANCE 1.95% 10MAY2023 1,570.83(1,298.49)(2,178.69)0.000.0002665WDH1 APPLE INC 2.4% 03MAY2023 966.67(157.92)(1,024.89)0.000.00037833AK6 BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22)1,209.94(984.54)(2,079.72)7,510.000.0006051GHC6 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23)1,429.86(1,123.02)(2,044.81)0.000.0006051GHF9 CATERPILLAR FINANCIAL SE 3.75% 24NOV2023 3,020.83(2,810.95)(6,359.28)0.000.0014912L5X5 CITIBANK NA 3.4% 23JUL2021 (CALLABLE 23JUN21)1,038.90(217.03)(953.76)7,083.340.0017325FAQ1 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23)1,470.14(1,327.74)(3,808.88)0.000.0017325FAS7 IBM CORP 3.625% 12FEB2024 2,920.14(2,607.00)(6,914.73)0.000.00459200HU8 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 362.50(37.85)(2,203.30)0.000.0024422EVN6 JPMORGAN CHASE & CO 3.207% 01APR2023 (CALLABLE 01APR22)1,550.05(1,420.30)(1,531.93)0.000.0046647PBB1 JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23)1,433.49(1,296.97)(1,840.16)0.000.0046647PAP1 PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23)350.00(425.26)(44.44)0.000.00713448CM8 PFIZER INC 2.2% 15DEC2021 886.11(150.83)(1,372.09)5,500.000.00717081DZ3 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23)2,537.50(1,530.91)(3,753.19)0.000.00693475AV7 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 761.25(531.09)(1,231.53)0.000.0089236THA6 18 DETAIL OF RETURN AND INTEREST RECEIVED For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Corporate Bonds US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24)2,718.75(2,539.37)(5,174.49)0.000.0091159HHV5 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23)1,027.09(229.83)(812.25)0.000.00931142DH3 WELLS FARGO BANK NA 3.55% 14AUG2023 (CALLABLE 14JUL23)2,859.72(2,662.29)(5,039.63)0.000.0094988J5R4 Total Corporate Bonds 30,945.30(24,016.66) (51,629.11) 20,093.340.00 Government Agencies FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT21)338.347.40 (4,436.07)0.000.003136G46B4 FANNIE MAE 1.375% 07OCT2021 1,218.4034.21 (1,313.97)0.000.003135G0Q89 FANNIE MAE 1.75% 02JUL2024 1,057.29(61.23)(2,400.27)0.000.003135G0V75 FANNIE MAE 2% 05OCT2022 966.66(44.11)(1,264.02)0.000.003135G0T78 FANNIE MAE 2.5% 05FEB2024 1,208.34(412.87)(3,066.28)0.000.003135G0V34 FANNIE MAE 2.875% 12SEP2023 2,315.97(998.32)(3,212.11)0.000.003135G0U43 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 281.940.00 (2,529.99)0.000.003133EMWV0 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 06MAY22)302.080.00 (3,864.33)0.000.003133EMYR7 FEDERAL HOME LOAN BANK 0.35% 23APR2024 (CALLABLE 23DEC21)68.060.00 (1,687.65)0.000.003130AMQQ8 FEDERAL HOME LOAN BANK 2.375% 10SEP2021 1,147.92(87.20)(1,157.49)0.000.00313378JP7 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 2,013.89(514.29)(2,640.25)12,500.000.003130A3KM5 FEDERAL HOME LOAN BANK 2.5% 11MAR2022 2,013.88(495.35)(2,265.59)0.000.00313378WG2 FHLB BD 3.625 06-11-2021 1,006.94(324.47)(1,012.74)18,125.000.00313373ZY1 FREDDIE MAC 0.3% 25MAY2023 (CALLABLE 25AUG21)241.670.00 (2,144.81)0.000.003134GW2F2 19 DETAIL OF RETURN AND INTEREST RECEIVED For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Description Interest earnedAccretion (amortization) Realized gain (loss) Change in fair value Interest receivedCusip Government Agencies FREDDIE MAC 2.375% 13JAN2022 3,156.77(1,002.02)(3,559.94)0.000.003137EADB2 Total Government Agencies 17,338.15(3,898.25) (36,555.51) 30,625.000.00 Government Bonds USA TREASURY 0.25% 15MAY2024 203.8085.21 (3,906.25)0.000.0091282CCC3 USA TREASURY 0.25% 15NOV2023 203.80(3.89)(2,890.63)0.000.0091282CAW1 USA TREASURY 0.375% 15APR2024 307.38(32.62)(3,671.88)0.000.0091282CBV2 USA TREASURY 2% 30NOV2022 1,229.51(348.93)(1,757.80)7,500.000.00912828M80 USA TREASURY 2.125% 30NOV2023 1,132.17(231.52)(2,818.36)6,906.250.00912828U57 Total Government Bonds 3,076.66(531.75) (15,044.92) 14,406.250.00 Municipal/Provincial Bonds PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 5,240.790.00 0.00 0.000.00888599LS4 Total Municipal/Provincial Bonds 5,240.790.00 0.00 0.000.00 Grand total 56,611.88(28,446.66) (103,229.54) 65,135.570.00 20 TRANSACTION REPORT For the period June 1, 2021 - June 30, 2021 SAN RAFAEL Maturity Par value or shares Interest Transaction totalPrincipalTransactionCusip Sec type DescriptionTrade date Settle date Realized gain(loss) 7,500.0005/31/2021 05/31/2021 Income912828M80 Government Bonds USA TREASURY 2% 30NOV2022 11/30/2022 750,000.00 0.00 7,500.000.00 6,906.2505/31/2021 05/31/2021 Income912828U57 Government Bonds USA TREASURY 2.125% 11/30/2023 650,000.00 0.00 6,906.250.00 12,500.0006/09/2021 06/09/2021 Income3130A3KM5 Government Agencies FEDERAL HOME LOAN BANK 12/09/2022 1,000,000.00 0.00 12,500.000.00 0.0006/09/2021 06/23/2021 Bought3130AMQQ8 Government Agencies FEDERAL HOME LOAN BANK 04/23/2024 1,000,000.00 (1,000,000.00) (1,000,000.00)0.00 18,125.0006/11/2021 06/11/2021 Income313373ZY1 Government Agencies FHLB BD 3.625 06-11-2021 06/11/2021 1,000,000.00 0.00 18,125.000.00 0.0006/11/2021 06/11/2021 Capital Change313373ZY1 Government Agencies FHLB BD 3.625 06-11-2021 06/11/2021 (1,000,000.00) 1,000,000.00 1,000,000.000.00 5,500.0006/15/2021 06/15/2021 Income717081DZ3 Corporate Bonds PFIZER INC 2.2% 15DEC2021 12/15/2021 500,000.00 0.00 5,500.000.00 7,510.0006/20/2021 06/20/2021 Income06051GHC6 Corporate Bonds BANK OF AMERICA CORP 12/20/2023 500,000.00 0.00 7,510.000.00 (5,600.00)06/21/2021 06/23/2021 Bought713448CM8 Corporate Bonds PEPSICO INC 3.6% 01MAR2024 03/01/2024 500,000.00 (537,465.00) (543,065.00)0.00 7,083.3406/23/2021 06/23/2021 Income17325FAQ1 Corporate Bonds CITIBANK NA 3.4% 23JUL2021 07/23/2021 500,000.00 0.00 7,083.340.00 0.0006/23/2021 06/23/2021 Capital Change17325FAQ1 Corporate Bonds CITIBANK NA 3.4% 23JUL2021 07/23/2021 (500,000.00) 500,000.00 500,000.000.00 10.98Income Cash and Cash Equivalents Cash 10.980.00 0.000.0006/30/2021 21 ADDITIONAL INFORMATION As of June 30, 2021 SAN RAFAEL Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changes in market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. This document must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment International Limited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment. INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is available without charge upon request. Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. INA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years. At the end of five years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV. Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight’s own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased. It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed. Please compare the information provided in this statement to the information provided in the statement received from your Custodian. For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker. In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. When Moody’s, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody’s and S&P ratings. Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is an appropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of the indices may be materially different from that of the strategy. In addition, the strategy’s holdings may differ substantially from the securities that comprise the indices shown. The ICE BofA 3 Month US T-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income. The ICE BofA 6 Month US T-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months. The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month. The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years. The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. 22 ADDITIONAL INFORMATION As of June 30, 2021 SAN RAFAEL Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment. Insight is a group of wholly owned subsidiaries of The Bank of New York Mellon Corporation. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity) and are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith. © 2021 Insight Investment. All rights reserved. 23 ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 6.a Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY Prepared by: Lisa Goldfien, Assistant City Attorney City Manager Approval: ______________ TOPIC: 2021-2022 CITY COUNCIL REDISTRICTING PROCESS SUBJECT: INFORMATIONAL REPORT ON UPCOMING CITY COUNCIL REDISTRICTING PROCESS FOLLOWING RELEASE OF 2020 UNITED STATES CENSUS DATA, AND APPROVAL OF TENTATIVE TIMELINE FOR ADOPTION OF NEW DISTRICTS BY APRIL 17, 2022 RECOMMENDATION: By motion, accept the informational report and approve the tentative calendar for the redistricting process. BACKGROUND: In late 2017, the City of San Rafael received a demand letter asserting that its at-large method of electing members of the City Council violated the California Voting Rights Act (CVRA) (Elec. Code §§14025 – 14032), which prohibits California public agencies from imposing or applying an at-large election method “that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election.” (Elec. Code §14027) A protected class is defined by the CVRA as “a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965.” Rather than face a potentially costly lawsuit, the City of San Rafael began the process of changing its at- large voting system to a district-based voting system. After several public hearings to receive public input regarding the composition of the districts, guidelines for the preparation of draft district maps, and to consider 14 different draft district maps prepared either by the City’s demographic consultant or by members of the public, the City Council adopted Ordinance No. 1956 on April 16, 2018 establishing a by-district electoral system and election sequence for four City Council districts according to the map designated as “Canal 3B”. The City’s first general municipal election using the new City Council districts was held on November 3, 2020, for the City Council seats in District Districts 1/South and 4/North. The first elections in Districts 2/West and 3/East will be held on November 8, 2022. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Even though the City created its four electoral districts only three years ago, the Elections Code requires that the redistricting process occur again following each federal decennial census. The most recent decennial census was conducted in 2020, and the resulting data are scheduled to be released on August 16, 2021. To assist the City in the redistricting process, the City has retained two consultants the City used in the initial establishment of electoral districts, attorney Christopher Skinnell, of the San Rafael law firm Nielsen Merksamer, and demographic consultant National Demographics Corporation. ANALYSIS: Mr. Skinnell and Kristen Parks of National Demographics Corporation will be present at the City Council meeting to give a brief introduction to the redistricting process. The f ollowing is a summary of the main California Elections Code requirements for the redistricting process: 1) Voting districts must be established according to four criteria: • To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. • To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. • Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city. • To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. 2) There are specific requirements for public involvement in the redistricting process prior to final adoption of the new electoral districts: • Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts. ▪ At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries. ▪ At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries. • At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 3) The Elections Code also requires the City Council to take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps must include: • Providing information to media organizations and through good government, civil rights, civic engagement, and community groups or organizations that are active in the city, including those active in language minority communities, and those that have requested to be notified concerning city redistricting. • Live translation of public hearings, if requested, in an “applicable language” determined for each city by the Secretary of State. For San Rafael, the applicable language is Spanish. • The publication of any draft map on the internet for at least seven days before being adopted as a final map, and each draft map prepared by a member of the council or by employees or contractors of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data. • Establishment of an internet web page dedicated to redistricting, to be maintained for at least 10 years after the adoption of new council district boundaries, which includes, or links to, all of the following information: ▪ A general explanation of the redistricting process for the city in English and applicable languages. (See Attachment 2) ▪ The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language. ▪ A calendar of all public hearing and workshop dates. ▪ The notice and agenda for each public hearing and workshop. ▪ The recording or written summary of each public hearing and workshop. ▪ Each draft map considered by the council at a public hearing. ▪ The adopted final map of council district boundaries. A tentative calendar for the redistricting process is attached as Attachment 1. Staff recommends the City Council approve the tentative calendar, subject to later adjustment as necessary. COMMUNITY OUTREACH: No community outreach has occurred yet; however, during the redistricting process, staff intends to establish a City website with all pertinent documents in both English and Spanish and may also conduct one or more community meetings in addition to the multiple City Council meetings. Staff also intends to include an online training for use of the online mapping tool. Spanish interpretation will be provided at the City Council meetings. FISCAL IMPACT: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 There is no fiscal impact associated with this informational report. If accepted, completion of the redistricting process will incur expenses of approximately $50,000 in consulting attorney’s fees and $60,000 in consulting demographer’s fees (including the online mapping tool), in addition to regular staff time. Sufficient funds have been included in the budget to cover these expenses. OPTIONS: The City Council has the following options to consider on this matter: 1. Accept the informational report and approve the tentative calendar. 2. Accept the informational report and approve the tentative calendar with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Accept the informational report and approve the tentative calendar for the City Council redistricting process. ATTACHMENTS: 1. Tentative Calendar for City Council Redistricting 2. Secretary of State’s template for information about city council redistricting process 1 SAN RAFAEL CITY COUNCIL TENTATIVE 2021-2022 REDISTRICTING TIMELINE (Note: most actions are goal dates subject to change. Only items in bold are legal deadlines.) DATE ACTION July 19, 2021 Council Meeting Presentations at Council meeting re redistricting process; Council adopts tentative calendar for redistricting. August 16, 2021 Announced date for federal government to release “legacy format” demographic/redistricting data to States. (In a normal post-Census year, the data would have been released by Mar. 31.) By late-August City’s redistricting website to go public with tentative calendar and SOS templates containing a general explanation of the redistricting process and procedures for public to testify during public hearing or submit written testimony and—when available—presentations, criteria, meeting notices, agendas and minutes, demographic data, and draft plans. Provide for online submission of comments from the public. September 2021 Council Meeting Presentations at Council meeting re (1) legal and policy criteria governing redistricting, and (2) preliminary demographics of existing council districts based on Census legacy data or appropriate estimates. September – October Consultants/staff to conduct additional public outreach regarding process, online mapping tools, other options for participating, etc. October 1, 2021 Estimated date for release of prisoner-adjusted population data by California Statewide Database. See Elec. Code § 21621(a)(2); Memo from Karin Mac Donald, Director of the Statewide Database, to the California Citizens Redistricting Comm’n (Mar. 26, 2021). 2 DATE ACTION November 8, 2021 Council Meeting Demographer provides updated demographic analysis of existing districts with final adjusted Census numbers; Council conducts first public hearing to solicit testimony regarding criteria to be used for redistricting, especially communities of interest.1 January 18, 2022 Council Meeting Council conducts second public hearing to solicit testimony regarding criteria to be used for redistricting, especially communities of interest; Council adopts criteria for redistricting, identifies communities of interest, instructs demographic consultant to prepare draft district plans. February 7, 2022 Deadline for submission of maps by the public for consideration at the February 21 Council public hearing. February 21, 2022 Council Meeting2 Demographic consultant to present initial draft district plan(s). Council holds public hearing on draft plan(s). Council may order modifications to any of the plan(s). March 7, 2022 Final deadline for submission of public plans for consideration as part of the process. March 14, 2022 Deadline to post final proposed map(s) on City redistricting website.3 March 21, 2022 Council Meeting Demographer presents one or more additional draft plans and modified plans, incorporating public testimony as appropriate; Council holds public hearing on draft plans, votes to choose one plan, adopts resolution setting actual boundaries. If the Council instead orders modifications to any of the plans, another public hearing will be required. April 4, 2022 Last regularly-scheduled Council meeting prior to deadline for adopting redistricting plan. April 17, 2022 Legal deadline for Council to adopt redistricting plan. 1 Notwithstanding the Brown Act, public hearings for redistricting must be noticed at least 5 days ahead of time, except that hearings between March 20 and April 17, 2022, can be noticed three days in advance. 2 Must be at least three weeks after release of inmate-adjusted data by the Statewide Database. 3 Maps must be made public at least 3 days before adoption if there are fewer than 28 days until the legal deadline of April 17 or seven days prior if more than 28 days are available. 3 DATE ACTION April 20 or May 4, 2022 Resolution becomes effective (30 days after adoption) July 18, 2022 First day for circulating nomination papers. November 8, 2022 First election using new lines. Redistricting - City Council (Template) English City of ___________ Redistricting Process Every ten years, local governments use new census data to redraw their district lines to reflect how local populations have changed. Assembly Bill 849 (2019) requires cities and counties to engage communities in the redistricting process by holding public hearings and/or workshops and doing public outreach, including to non- English-speaking communities. What is redistricting? Every ten years, districts must be redrawn so that each district is substantially equal in population. This process, called redistricting, is important in ensuring that each city councilmember represents about the same number of constituents. In [City], the City Council is responsible for drawing council districts. Redistricting is done using U.S. Census data, which is released around March 31, 2021. For the City of [city], the redistricting process must be completed by [date]. Why does redistricting matter to me? Redistricting determines which neighborhoods and communities are grouped together into a district for purposes of electing a councilmember. The City Council will seek input in selecting the next district map for our City Council. You have an opportunity to share with the City Council how you think district boundaries should be drawn to best represent your community. You can contact the City Clerk at _______________to find out more about how the process works. What do the existing council districts look like? You can find a map of the City’s current council districts here: [link] What criteria will our City Council use when drawing district lines? To the extent practicable, district lines will be adopted using the following criteria: (1) geographically contiguous districts (each city council district should share a common border with the next), (2) the geographic integrity of local neighborhoods or communities shall be respected in a manner that minimizes its division, (3) geographic integrity of a city shall be respected in a manner that minimizes its division, (4) easily identifiable boundaries that follow natural or artificial barriers (rivers, streets, highways, rail lines, etc.), and (5) lines shall be drawn to encourage geographic compactness. In addition, boundaries shall not be drawn for purposes of favoring or discriminating against a political party. How will our City Council notify the public about redistricting? The City Council will reach out to local media to publicize the redistricting process. Also, we will make a good faith effort to notify community groups of various kinds about the redistricting process. Our public [hearings] [or] [workshops] will be provided in applicable languages if residents submit a request in advance. The City Council will notify the public about redistricting [hearings] [or] [workshops], post maps online before adoption, and create a dedicated web page for all relevant information about the redistricting process. How can I get involved? The City Council will be holding [hearings] [or] [workshops] to receive public input on where district lines should be drawn. Those [hearings] [or] [workshops] will be held on: [Date, location, time] You can also submit public comments, including suggested draft maps, by emailing: [email] Where can I find out more? The City maintains a webpage on the city’s redistricting process here: [link] Redistricting - City Council (Template) Spanish Ciudad de ___________ Proceso de Redistribución de Distritos Cada diez años, los gobiernos locales utilizan nuevos datos del censo para volver a trazar las líneas de sus distritos para reflejar cómo han cambiado las poblaciones locales. El Proyecto de Ley 849 de la Asamblea (2019) exige que las ciudades y los condados hagan participar a las comunidades en el proceso de redistribución de distritos mediante la celebración de audiencias públicas y/o talleres y la realización de actividades de divulgación pública, incluso en las comunidades no anglófonas. ¿Qué es la redistribución de distritos? Cada diez años, los distritos deben ser rediseñados para que cada uno de ellos sea sustancialmente igual en población. Este proceso, llamado redistribución de distritos, es importante para asegurar que cada concejal de la ciudad represente aproximadamente el mismo número de conciudadanos. En [City], el Ayuntamiento es responsable de diseñar los distritos del consejo. La redistribución de distritos se hace usando los datos del Censo de los EE.UU., que es publicado alrededor del 31 de marzo de 2021. Para la Ciudad de [city], el proceso de redistribución de distritos debe completarse antes de [date]. ¿Por qué me importa la redistribución de distritos? La redistribución de distritos determina qué vecindarios y comunidades son agrupados en un distrito con el fin de elegir a un concejal. El Ayuntamiento buscará aportes para determinar el próximo mapa del distrito para nuestro Ayuntamiento. Tu tienes la oportunidad de compartir con el Ayuntamiento cómo crees que los límites del distrito deben ser diseñados para representar mejor a tu comunidad. Puedes contactar con el Secretario de la Ciudad en _______________ para saber más sobre cómo funciona el proceso. ¿Cómo se ven los distritos del consejo existentes? Puedes encontrar un mapa actual de los distritos del Ayuntamiento aquí: [link] ¿Qué criterio usará nuestro Ayuntamiento al diseñar las líneas del distrito? En la medida de lo posible, las líneas de distrito se adoptarán utilizando los siguientes criterios: (1) los distritos geográficamente contiguos (cada distrito del ayuntamiento debe compartir una frontera común con el siguiente), (2) se respetará la integridad geográfica de los vecindarios o comunidades locales de manera que se reduzca al mínimo su división, (3) se respetará la integridad geográfica de una ciudad de manera que se reduzca al mínimo su división, (4) se establecerán límites fácilmente identificables que sigan las barreras naturales o artificiales (ríos, calles, carreteras, líneas de ferrocarril, etc.), y (5) se trazarán líneas para fomentar la compactación geográfica. Además, no se establecerán límites con el fin de favorecer o discriminar hacia un partido político. ¿Cómo notificará nuestro Ayuntamiento al público sobre la redistribución de distritos? El Ayuntamiento se pondrá en contacto con los medios de comunicación locales para dar a conocer el proceso de redistribución de distritos. Además, haremos un esfuerzo de buena fe para notificar a los diversos grupos de la comunidad sobre el proceso de redistribución de distritos. Nuestras [hearings] [or] [workshops] públicos se ofrecerán en los idiomas pertinentes si los residentes presentan una solicitud por adelantado. El Ayuntamiento notificará al público sobre la redistribución de distritos [hearings] [or] [workshops], colocará los mapas en línea antes de su adopción y creará una página web dedicada a toda la información relevante sobre el proceso de redistribución. ¿Cómo puedo involucrarme? El Consejo de la Ciudad celebrará [hearings] [or] [workshops] para recibir aportes públicos sobre dónde deben trazarse las líneas de los distritos. Esas [hearings] [or] [workshops] se llevarán a cabo en: Redistricting - City Council (Template) Spanish [Date, location, time] También puedes enviar comentarios públicos, incluyendo borradores de mapas sugeridos, por correo electrónico: [email] ¿Dónde puedo encontrar más información? La Ciudad mantiene una página web sobre el proceso de redistribución de la ciudad aquí: [link] ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 7.a Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Alicia Giudice, Community Development Director Barry Miller, Contract Project Manager City Manager Approval: ______________ TOPIC: SAN RAFAEL GENERAL PLAN 2040 AND DOWNTOWN PRECISE PLAN SUBJECT: (1) RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH #2019039167) PREPARED FOR THE SAN RAFAEL GENERAL PLAN 2040 AND DOWNTOWN SAN RAFAEL PRECISE PLAN (2) REPORT ON THE UPCOMING REVIEW OF THE SAN RAFAEL GENERAL PLAN 2040 DOCUMENT AND THE DOWNTOWN PRECISE PLAN RECOMMENDATION: Staff recommends that the City Council approve the attached Resolution certifying the Final Environmental Impact Report (EIR) for General Plan 2040 and the Downtown Precise Plan. EXECUTIVE SUMMARY This is the first of two public hearings scheduled to adopt General Plan 2040, the Downtown Precise Plan, the Final EIR, and conforming amendments to the San Rafael Municipal Code. The Planning Commission convened 10 public hearings on this item between September 2020 and June 2021 and has approved resolutions recommending City Council adoption of all associated documents. Staff will provide a presentation on the project at the July 19 hearing and highlight the changes made during the Planning Commission review process. The City Council must hold a public hearing on the item and consider a resolution adopting the Final EIR. The public hearing will be continued until August 2, at which time the City Council is scheduled to consider resolutions adopting CEQA Findings and a Statement of Overriding Considerations, General Plan 2040, and the Downtown Precise Plan. On August 2, the Council also will consider ordinances adopting conforming changes to the San Rafael Municipal Code that implement the Downtown Precise Plan. This staff report provides a high-level summary of the documents presented for Council adoption. More comprehensive information on the plans and key issues is contained in the Planning Commission staff reports prepared for their hearings. Links to those reports are provided below: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • Introduction and Overview of General Plan 2040 (Sept 15, 2020) • General Plan 2040 Chapters 1-9 (includes a summary of the following Elements: Land Use; Neighborhoods; Community Design and Preservation; Conservation and Climate Change; Parks, Recreation, and Open Space; Safety and Resilience; Noise) (Oct 27, 2020) • General Plan 2040 Chapters 10-14 (includes a summary of the following Elements: Mobility; Community Services and Infrastructure; Arts and Culture; Economic Vitality; Equity, Diversity, and Inclusion) (November 12, 2020) • Responses to Initial Public Comments on General Plan 2040 (December 15, 2020) • Introduction to Downtown Precise Plan (January 12, 2021) • Introduction to Form-Based Code (January 26, 2021) • Responses to Initial Public Comments on Downtown Precise Plan (February 9, 2021) • Overview of Draft Environmental Impact Report (March 9, 2021) • Summary of Comments on EIR and Final Revisions to General Plan 2040 (June 15, 2021) • Summary of Comments on Downtown Plan/ Municipal Code Amendments (June 29, 2021) In addition, the City Council received six progress reports on the General Plan 2040 and Downtown Precise Plan in 2019-2021. The most recent progress report was delivered on April 5, 2021. BACKGROUND: General Plan 2040 Every city and county in California is required to prepare a long -range, comprehensive, general plan for its future. San Rafael’s existing General Plan was adopted in 2004, with a horizon year of 2020. In 2017, the City initiated a General Plan Update in order to move the Plan’s horizon forward from 2020 to 2040. The General Plan 2040 was created over a three-year period that engaged hundreds of San Rafael residents and businesses. A 24-member Steering Committee was created to guide the process, with 25 meetings convened between January 2018 and June 2020. The community was engaged through workshops, surveys, web-based activities, and direct outreach to stakeholders and neighborhood groups. The Draft 2040 Plan carries forward much of the content of General Plan 2020 but reorganizes and updates the document to reflect changed conditions, new State laws, and new issues and priorities. The General Plan is organized into “elements” or topical chapters. Eight elements are required by state law, but San Rafael’s existing Plan also includes “optional” elements on topics of local importance. General Plan 2040 consolidates some of the elements from General Plan 2020, while adding others. Table 1 compares the two documents. The most important changes include the addition of an Equity, Diversity, and Inclusion Element, the addition of climate change and resilience policies, the addition of a “Framework” chapter that provides guiding principles for San Rafael’s future, and a major update of the Neighborhoods Element. All elements of the Plan have been comprehensively updated except the Housing Element, which is being updated now (2021-2022) in accordance with a schedule set by State law. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Table 1: “Elements” of General Plan 2020 and 2040 General Plan 2020 General Plan 2040 Land Use (*) Land Use (*) Neighborhoods Neighborhoods Community Design Community Design and Preservation Conservation (*) Conservation and Climate Change (*) Air and Water Quality Sustainability Parks and Recreation Parks, Recreation and Open Space (*) Open Space (*) Safety (*) Safety and Resilience (*) Noise (*) Noise (*) Circulation (*) Mobility (*) Infrastructure Community Services and Infrastructure Culture and Arts Arts and Culture Economic Vitality Economic Vitality Governance Equity, Diversity, and Inclusion (*) Housing (*) Housing (*) – (*) mandatory element General Plan 2040 retains the same basic structure for each Plan Element. The initial section of each Element provides “existing conditions” information. This is followed by numbered goals, policies, and programs. The goals are broad, aspirational statements. The policies provide general direction on day- to-day activities. The programs indicate specific actions to be carried out to implement the policies. Many of the programs are ongoing practices and operating procedures, but a few are new plans, initiatives, activities, or capital improvements that may require future commitments of resources. The General Plan has a 20-year horizon and some of its programs may not be implemented until later in the planning period as resources become available. A report on General Plan progress is provided to the City Council annually, and Plan updates and amendments may be considered as conditions change. Maps and graphics are included throughout the document to communicate policies spatially or provide background data. The Plan includes several appendices, including a Sea Level Rise Adaptation Report, background data on noise and transportation, geotechnical report requirements, and an Implementation Matrix identifying responsible parties and timing for key Plan programs. As required by State law, General Plan 2040 includes a future Land Use Map. The Map uses 19 color- coded categories to illustrate the land uses and densities (or intensities) permitted across the San Rafael Planning Area. The Map provides the basis for San Rafael’s zoning map. Several changes to the category definitions have been made through the General Plan Update and a number of categories on the 2020 General Plan Map have been merged. These changes will have minimal effects on the built environment and are mostly administrative. A ”Sea Level Rise” Overlay has been added to the map indicating areas that may be impacted by sea level rise by 2050. General Plan 2040 is based on population and employment forecasts for San Rafael developed by the Association of Bay Area Governments (ABAG) as part of Plan Bay Area 2040. The Plan accommodates approximately 4,400 new housing units and 4,100 jobs between 2020 and 2040. This growth will largely occur through reuse of previously developed and underutilized properties, with about half of the city’s growth anticipated in the Downtown area. The Plan does not convert any previously designated “greenfield” or open space land to urban uses. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 The policies and programs that form the core of General Plan 2040 were completed in May 2020, following extensive input from the Steering Committee and San Rafael residents and businesses. The Plan itself was published in October 2020. Planning Commission public hearings were held on September 15, October 27, November 12, and December 15, 2020. Comments were received throughout this period, and into early 2021. Staff identified and responded to more than 600 comments, including those from the Planning Commission. The Plan was edited extensively to reflect public comment, and a “redlined” draft was produced in May 2021. A number of additional edits were made to the May 2021 draft prior to the Planning Commission’s final hearing on the General Plan on June 29, 2021, including strengthening of tree protection language and greenhouse gas reduction measures. On June 29, the Planning Commission adopted Resolution No. 2021-04 recommending that the City Council adopt General Plan 2040. Downtown San Rafael Precise Plan (Downtown Precise Plan) As part of the General Plan Update, the City prepared a more focused plan for Downtown San Rafael. Downtown development is currently guided by a Downtown Vision Plan adopted in 1993 (the Vision was previously incorporated into General Plan 2020). While the 1993 Plan had many positive outcomes, it is 28 years old and does not reflect Downtown’s current issues and potential. Downtown was designated a Priority Development Area (PDA) by the City Council in 2009, recognizing its potential for sustainable, transit-oriented growth and making it eligible for planning grants and transportation investments. A number of studies and plans were completed between 2010 and 2020, including the SMART Station Area Plan (2012), “Good Design Guidelines” recommendations (2017), and the Downtown Parking and Wayfinding Study (2018). There are also Downtown-focused recommendations in the Bicycle and Pedestrian Master Plan (2018), the Housing Element (2014), the Climate Change Action Plan (2019), and the Third Street Rehabilitation and Safety Studies (2019-20). Collectively, these plans and studies pointed to the need for a higher-level framework that updated the 1993 Plan and synthesized policies for Downtown into a forward-looking, cohesive document. In 2018, the City received a $500,000 grant from ABAG/MTC to update the 1993 Plan. The grant also covered an updated inventory of Downtown historic resources and new recommendations for transportation, affordable housing, economic development, and climate resilience. The updated Downtown Plan (called a “Precise Plan”) includes a Form-Based Code (FBC) for Downtown, which will replace existing zoning regulations. There were “economies of scale” associated with doing this work concurrently with General Plan 2040, including a combined EIR addressing the impacts of both projects and a coordinated public outreach effort. Like General Plan 2040, the Precise Plan has a 20-year planning horizon. Since it covers a smaller geographic area than the citywide Plan, its focus is more granular. The area covered by the Precise Plan is 265 acres, extending from the 2nd/ 4th Street intersection on the west to Montecito Plaza on the east, and from Mission Avenue on the north to First Street/ Albert Park on the south. Much of this area falls within the designated PDA (e.g., a one-half mile radius from the SMART Station). However, the Precise Plan includes the West End Village, which is outside the PDA. The Draft Downtown Precise Plan serves a number of functions: • It is a policy document providing a 20-year vision for Downtown. • It is a regulatory document intended for reviewing and permitting future development and changes to existing buildings. It replaces many regulations and provisions of the San Rafael Municipal Code Title 14 – Zoning. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 • It incorporates design standards, which are typically in a separate document and advisory. • It incorporates specific recommendations for improvements to streets and public spaces. • It creates a predictable development review process to facilitate project streamlining. • It helps the City meet its future housing needs by providing substantial capacity for new residential development. The document includes nine chapters, plus a glossary and technical appendices. Key chapters include existing conditions, design principles, the Downtown “design vision,” historic preservation, and transportation. The Plan also includes an affordable housing and anti-displacement strategy. Chapter 9 of the Precise Plan is the Form-Based Code (FBC). The Code includes a “Regulating Plan” (zoning map) for Downtown, including new height limits and opportunities for height bonuses. The FBC creates new districts that distinguish “Main Street” areas such as Fourth Street from “Neighborhood” areas such as Fifth Avenue in the West End Village. Upon adoption of the Precise Plan and Form-Based Code, residential density limits will no longer apply in Downtown San Rafael. Development intensity will be guided by the height map, setback and parking requirements, upper story step-back requirements, and the design standards of the Plan itself. The FBC emphasizes the importance of public space (including streets) to the quality and success of Downtown . It identifies specific improvements to make Downtown more pedestrian-friendly, including a new civic plaza adjacent to the SMART station. The Precise Plan was published on December 21, 2020. Planning Commission public hearings were held on January 12, January 26, and February 9, 2021. Staff reports prepared for each meeting (see page 2 of this report for links) provide additional detail on the content of the two plans, as well as public comments and responses. Based on public comments received between January and May 2021, a revised version of the Precise Plan was published in June 2021. On June 29, 2021, the Planning Commission adopted Resolution 2021-05 recommending adoption of the revised Precise Plan by the City Council. Environmental Impact Report The San Rafael General Plan 2040 and Downtown Precise Plan are collectively defined as a “project” under the California Environmental Quality Act (CEQA). The project was determined to have the potential for significant effects on the environment. As required by CEQA, a Draft Environmental Impact Report (DEIR) was prepared. A Notice of Preparation was issued on March 29, 2019 and the Planning Commission held a Scoping Session on April 23, 2019. The DEIR was published on January 7, 2021 with a 61-day public review period closing on March 9, 2021. The DEIR evaluated the impacts of adopting the General Plan 2040 and Downtown Precise Plan. The General Plan does not entitle any specific development project on any specific site; rather, it creates opportunities for future development based on Land Use Map designations and planning policies. Thus, the DEIR is a “program” EIR, meaning it evaluates the cumulative effects of adopting a particular set of policies over a 20-year period, rather than the impacts of approving a development on an individual site. Essentially, the DEIR evaluates the impacts of incrementally adding roughly 4,400 housing units and 4,000 jobs across the San Rafael planning area over a 20-year period. The DEIR found that adoption of the General Plan 2040 and Downtown Precise Plan may have significant, unavoidable impacts on air quality, cultural resources, greenhouse gas emissions, and transportation. The plans may have significant, but mitigable, impacts on biological resources, geologic resources, hazards/ hazardous materials, and noise/ vibration. The Plan(s) would have less than significant impacts on aesthetics, agriculture and forestry, energy, hydrology/ water quality, land use and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 planning, mineral resources, population and housing, public services and recreation, utilities and service systems, and wildfire. A finding that an impact is “less than significant” does not mean that the issue is not a concern. In almost all cases, the General Plan itself includes policies specifically intended to address an impact, risk, or hazard. For example, the General Plan adopts the City’s Local Hazard Mitigation Plan by reference, providing a stronger policy framework to reduce impacts associated with wildfires, flooding, and earthquakes. In some cases, the DEIR identified additional policies and programs to be added to the General Plan and Downtown Precise Plan prior to their adoption. The May 2021 version of General Plan 2040 adds these policies and programs, making the General Plan “self-mitigating” for most potential impacts. A Final EIR incorporating the responses to comments was published on May 23, 2021. On June 15, 2021, the Planning Commission approved Resolution 2021-02, finding that the Final EIR was adequate and met the requirements of CEQA. The Resolution recommends that the City Council certify the Final EIR. On June 29, 2021, the Planning Commission approved Resolution No. 2021-03, recommending that the City Council adopt CEQA Findings of Fact, a Statement of Overriding Considerations (SOC), and a Mitigation Monitoring and Reporting Program for General Plan 2040 and the Downtown Precise Plan. The SOC identifies the economic, environmental, and social benefits that would occur through General Plan adoption and concludes that these benefits outweigh the Plan’s potential significant, unavoidable environmental impacts. The City Council will be asked to adopt a similar resolution on August 2, 2021, making the same findings. Amendments to the San Rafael Municipal Code (SRMC) The Downtown Precise Plan is a regulatory document as well as a policy document. Its adoption requires the adoption of two ordinances that amend the San Rafael Municipal Code (SRMC). On June 29, 2021, the San Rafael Planning Commission adopted Resolution No. 2021-06 recommending that the City Council adopt both ordinances. Ordinance 1: Conforming Amendments to the SRMC The first Ordinance repeals the existing 4SRC, CSMU, HO, 2/3 MUE, 2/3MEW, WEV and 5/M R/O Downtown zoning districts and replaces them with a Downtown Mixed Use (DMU) district. A map of the new DMU district is included in the Ordinance. All references to the former Downtown zones, which were first established in 1993, are being removed from the SRMC, including related development standards, use tables, parking requirements, height limits, limits on ground floor uses, and so on. A number of amendments unrelated to the Downtown Precise Plan also are covered by this Ordinance. These amendments are being paired with the Precise Plan amendments for efficiency’s sake, as they would otherwise require a separate hearing and commitment of staff time and resources. They include: • Implementation of Senate Bill 234 (2019), which prohibits the City from requiring a use permit for large family day care homes. Elimination of the use permit requirement removes certain limitations on day care homes serving 8-14 children. The City has been complying with SB 234 in practice but has not formalized the change in its zoning regulations. • Extension of the time limit for zoning permits (variances, use permits, etc.) from one-year to two years, to recognize the length of time it may take to secure building permits or commence with a project, avoid the need for extensions and align the Code with the City’s current practices. • Elimination of “cannabis infused products” (an activity permitted by the zoning code in the Commercial/Office and Industrial zones) from the Use Tables, and its replacement with “cannabis SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 manufacturing,” which would be permitted only in industrial zones. This aligns the City’s zoning regulations with existing State license categories and is more responsive to business needs. Additional information on this change may be found on Page 11 of the June 29, 2021 Planning Commission staff report. Ordinance 2: Adoption of the FBC The second Ordinance adopts Chapter 9 of the Precise Plan (the Form-Based Code for Downtown) as the principal zoning regulation for Downtown San Rafael. Once adopted, the development standards, requirements, procedures, and use tables in Chapter 9 will govern future land use and development decisions within the Downtown area. ANALYSIS: This section of the staff report highlights the issues raised during the Planning Commission review process. Most of these issues have been resolved through revisions to the Plans or discussions with the Commission, but a few remain. General Plan 2040 and the Downtown Precise Plan are complex, comprehensive, multi-faceted documents. Both plans have been thoroughly vetted and extensively revised in response to public comment. General Plan 2040 Approximately 30 comment letters on General Plan 2040 were received between October 2020 and May 2021, including letters from the Audubon Society of Marin, Responsible Growth in Marin, Sustainable San Rafael, the Marin Conservation League, Sierra Club, San Rafael Heritage, Terra Linda Homeowners Association, West End Neighborhood Association, and various individuals. Some of the issues raised by these letters included tree removal requirements, wetlands protection, neighborhood character, emergency access, fire safety, historic resources, parking, and traffic. There were also general comments relating to the use of the word “should” vs “shall” in the Plan’s policies and the tension between the Plan’s accommodation of growth and policies supporting neighborhood conservation. Residents and community groups provided specific comments on Plan text and policies for Northgate Mall, Canalways, the West End area, and the San Rafael Rock Quarry. The Planning Commission did a chapter-by-chapter review of the General Plan 2040 during its Fall 2020 public hearings. Among the issues raised were the possibility of adding more metrics to the document, highlighting interconnected Plan themes and concepts, further assessing the City’s vision for its economy, providing more direct links to the related documents that implement General Plan policies, and strategically editing the new Equity, Diversity, and Inclusion Element. One of the Commission’s suggestions was that the Plan include a “call to action” to prepare a citywide economic development strategy that aligned its social equity goals with its economic vitality goals. This has been added. In response to public and Commission input, staff revised each element of the General Plan, along with the introduction, framework, and appendices. New diagrams and figures have been added where necessary. Mitigation measures from the General Plan EIR have been incorporated into the Plan in the form of new policies and programs, particularly in the Conservation and Climate Change Element and the Safety and Resilience Element. The Conservation and Climate Change Element has been modified to respond to public comments on trees, wildlife protection, and wetlands conservation. Additional historic preservation programs were added in response to public comments and EIR findings. Minor revisions to the Mobility Element were made in response to public comment. The Equity, Diversity, and Inclusion Element was revised in SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 response to Planning Commission feedback. The Implementation Matrix (Appendix A) now identifies metrics for each element so that progress on Plan implementation can be measured and tracked. Public comment at the June 15 and June 29 Planning Commission meetings included continued requests for stronger General Plan language on tree preservation (including protection of redwood trees and “heritage” trees), stronger hillside protection policies, stronger wetlands conservation policies, and greater vigilance in reducing greenhouse gas emissions to achieve the reduction targets in the City’s 2030 Climate Change Action Plan. Many other issues raised during the Fall 2020 Commission hearings were resolved through edits made to the Plan during Spring 2021. Downtown Precise Plan Public comments on the Precise Plan fell into several categories, discussed below: • A minor revision to the Precise Plan boundary was requested (and subsequently made) to add a parcel at 1010 Grand Avenue, thereby keeping three parcels under common ownership within the boundary and facilitating their future development. • The method for calculating State-allowed density bonuses in the Plan area was clarified (since the Precise Plan does not regulate density, it was unclear how bonuses for affordable housing would be calculated). • The Precise Plan offers height bonuses of 10 to 20 feet to projects including certain percentages of affordable housing. The relationship between these bonuses and State density bonuses was clarified. An applicant may use either the Plan’s height bonus or the State density bonus but may not combine the two. • The percentages of affordable units required to qualify for the Plan’s height bonus were lowered to align with recent revisions to the Inclusionary Zoning ordinance and to facilitate housing development. • The method for calculating allowable building heights on sloped sites was clarified. • Standards for upper story additions to historic buildings and for new buildings adjacent to historic buildings were revised in response to public comment. • There was strong support for making 4th Street more pedestrian-focused, including redesigning the street for more regular closures and public events. • Requirements for solar access studies were requested (and subsequently added) for taller buildings, with exceptions for projects including affordable housing. • Miscellaneous edits to the text and specific urban design improvements were requested and made. One of the issues regularly raised during the public hearings was allowable building height. Some members of the Planning Commission and public supported taller heights while others expressed concerns about shadows, visual impacts, and the character of Downtown. Most of these issues were resolved, but there continue to be issues about height in the West End Village (at the triangle formed by 2nd, 4th, and Ida Streets) and in the area along the west side of US 101. The only change to the height map resulting from these discussions was to allow for a 20’ height bonus (rather than a 10’ bonus) on the south half of the block bounded by 5th Avenue, B Street, C Street, and Mission Avenue. This was in response to a public comment received at the June 29, 2021 hearing. As noted earlier, the Precise Plan included the first comprehensive field survey of Downtown’s historic resources since 1976-1977. More than 572 properties were evaluated by the consultant team. Approximately 160 of these properties received a more detailed assessment based on their age and condition. A one-page profile sheet was prepared for each of these 160 properties, and approximately 90 were identified as potential historic resources. The inventory also identified two areas eligible as SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 historic districts, including a “west” district in the vicinity of 4th and B Streets in the Downtown Core and an “east” district along 4th Street between Court Street and Lincoln Avenue. San Rafael Heritage provided extensive comments on the survey findings through the EIR process. The EIR consultant’s architectural historian re-evaluated approximately 35 buildings that were surveyed by the Downtown Plan consultant in 2019. A number of buildings were reclassified as a result of the supplemental survey, more closely aligning the survey with San Rafael Heritage’s expectations. Modifications also were made to the boundaries of the two eligible historic districts. Staff provided additional outreach to property owners as part of this process, including a post-card mailing and a series of webinars on the historic inventory and standards for eligible properties. Draft and Final Environmental Impact Reports (DEIR/FEIR) The City received 14 comment letters on the DEIR, plus oral testimony at public hearings. Comments were received from Caltrans, the Transportation Authority of Marin, the Golden Gate Bridge Highway and Transportation District, the California Department of Fish and Wildlife, Marin Audubon Society, Ragghianti and Freitas (attorneys), the San Rafael Rock Quarry, Sustainable San Rafael, San Rafael Heritage, and several individuals. Most of the comment letters requested clarifications or minor corrections to the Draft EIR, or revisions to mitigation measures related to biological resource impacts (wildlife and wetlands) and climate change. As noted above, San Rafael Heritage provided extensive comments on the historic resources inventory. Sustainable San Rafael expressed concerns about the DEIR’s conclusion of a significant unavoidable impact on greenhouse gas (GHG) emissions and requested stronger mitigation measures to implement the City’s Climate Change Action Plan. Most of the requested changes were made through the Final EIR process. There continues to be advocacy for strengthening the City’s GHG reduction measures in response to the climate crisis, and for stronger City protection of redwood trees and other mature native trees. Municipal Code Amendments The Municipal Code Amendments were introduced at the Planning Commission meeting on June 29, 2021. As noted earlier in this report, the Planning Commission passed Resolution No. 2021-06 at that meeting, recommending City Council adoption of these Amendments. There were no public speakers on the Code amendments at the Planning Commission hearing. Commissioner comments addressed the supplemental amendments on cannabis manufacturing and the rationale for the proposed changes. There were no specific comments on the new Form-Based Code or the associated Ordinances rescinding the former Downtown zones and adopting the new Code. Next Steps Adoption of the General Plan and Downtown Precise Plan requires City Council approval of four resolutions and two ordinances. At the July 19 meeting, the City Council will be asked to consider the first of the four resolutions, which certifies the Final EIR. The City Council will receive a presentation on the General Plan/ Downtown Precise Plan and will have an opportunity for questions and discussion. The July 19 public hearing also provides an opportunity for public comment on the General Plan, Precise Plan, and EIR. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10 On August 2, 2021, staff will return to the Council with the remaining resolutions and the two ordinances. These resolutions adopt the CEQA Findings and Statement of Overriding Considerations, the General Plan 2040, and the Downtown Precise Plan. The Ordinances adopt amendments to the Municipal Code which will make the Precise Plan Form-Based Code the official zoning regulations for Downtown. The two Ordinances will require a second reading on September 7, 2021. COMMUNITY OUTREACH: The General Plan 2040 and Downtown Precise Plan are the outcome of a three-year community engagement process. As noted earlier in the staff report, this process included 25 meetings of a 24- member Steering Committee; three community-wide workshops; numerous meetings with stakeholder groups, homeowners associations and neighborhood groups; regular presentations to the City Council, Planning Commission, and other City boards and commissions; “pop-up” workshops and displays throughout 2018 and 2019; a project website and on-line engagement platform; Spanish language workshops and interviews; on-line surveys; a youth engagement program; project-related videos and webinars; and direct communication with hundreds of residents and businesses. In March 2020, City staff adapted the community engagement process to reflect the constraints of the COVID-19 pandemic, hosting on-line workshops and meetings through the remainder of 2020 and providing opportunities for participation via Zoom and other platforms. Additionally, the City Council’s adoption hearings were preceded by ten (10) noticed public hearings of the San Rafael Planning Commission, convened on September 15, October 27, November 12, December 15, 2020; and January 12, January 26, February 9, March 9, June 15, and June 29, 2021. A public notice of the July 19, 2021 City Council meeting was mailed to stakeholders, agencies and special interest groups 15 days prior to the meeting date. Those noticed included, among others, all neighborhood associations in the city, the San Rafael Chamber of Commerce, and members of the General Plan 2040 Steering Committee. Notice of this report was also placed in the Marin Independent Journal and was provided to an email list of approximately 380 subscribers on July 2, 2021. FISCAL IMPACT: Funding for General Plan 2040 was apportioned from General Plan Revenue Fund #218. This fund includes revenue for ongoing Plan implementation (the General Plan “Implementation Fee”), as well as the General Plan update process (the General Plan “Maintenance Fee”). Collectively, these fees represent a 1.219% surcharge on building permit fees. In addition, the City received a $500,000 grant from the Association of Bay Area Governments/ Metropolitan Transportation Commission to prepare the Downtown Precise Plan and Form-Based Code, including the updated historic resources inventory. Adoption of the General Plan 2040 and Downtown Precise Plan will not have a direct fiscal impact on the City, as these are long-range policy documents. Both plans are intended to produce long-term fiscal benefits. The plans accommodate the organized, rational, and efficient growth of the city, including the creation of new businesses and jobs, sustenance of the local economy, and provision of diverse housing types. Both the General Plan and the Precise Plan support increased property values, sales tax revenues, grant eligibility, and other long-term changes that will enhance future municipal revenue. The Plans also establish funding priorities for City programs and services, provide an organizing framework for the capital improvement program, and help shape the City’s annual budget. The General Plan provides the long-range perspective on making San Rafael a thriving city. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11 OPTIONS: The City Council has the following options to consider regarding this matter: 1. Approve the resolution certifying the FEIR as presented; 2. Approve a modified version of the resolution certifying the FEIR; 3. Direct staff to return to the August 2 meeting with changes to the resolution or changes to the Final EIR. RECOMMENDED ACTION: Approve the resolution as presented. ATTACHMENTS: 1. Resolution Certifying the Final EIR for General Plan2040 LINKS: • San Rafael General Plan 2040 (showing redlined changes made since October 2020) • Downtown Precise Plan, including Form-Based Code- Part 1 and Part 2 (June 2021 Final Draft) • Draft Environmental Impact Report – Part 1 and Part 2 • Final Environmental Impact Report 1 RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE SAN RAFAEL GENERAL PLAN 2040 AND DOWNTOWN SAN RAFAEL PRECISE PLAN (CASE NOS. GPA16-001; P16-013; ZO21-003; ZC21-002; ZC21-004) (SCH #2019039167) WHEREAS, every city and county in California is required to prepare a long-range comprehensive, general plan for its future. San Rafael’s existing General Plan 2020 was adopted in 2004 with a horizon year of 2020. In 2017, the City initiated a General Plan Update (San Rafael General Plan 2040) in order to move the Plan’s horizon forward 20 years to 2040; and WHEREAS, in late 2018, the City received a One Bay Area Grant to fund the preparation of a focused Plan for Downtown San Rafael, the Downtown San Rafael Precise Plan (Downtown Precise Plan), under the umbrella of the San Rafael General Plan 2040. The Downtown Precise Plan was budgeted and scoped to include a “form- based code” to regulate zoning for the Downtown Precise Plan area, replacing the existing zoning and many of the existing zoning code regulations (SRMC Title 14, Zoning) that are applicable to the Downtown area; and WHEREAS, in Fall 2020, the City completed and released the Draft General Plan 2040 and the Downtown Precise Plan for public review. City staff prepared and released accompanying amendments to the San Rafael Municipal Code (SRMC Title 14 – Zoning) to establish a new zoning district for Downtown, and address and incorporate the Downtown Precise Plan “form-based code;” and WHEREAS, collectively, the San Rafael General Plan 2040 and the Downtown San Rafael Precise Plan, as well as accompanying amendments to the SRMC Title 14, Zoning are defined as a “project” under the California Environmental Quality Act (CEQA). Therefore, environmental review is required; and WHEREAS, as the project is subject to environmental review, on November 15, 2018, in accord with Public Resources Code Sections 5097.94, 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, including the directives of Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18), the Community Development Department staff sent an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that propose preparing a CEQA document. The purpose of the tribal consultation is to consult with the local tribe representatives on potential impacts to Native American places, features and objects described in the California Public Resources Code. The prescribed 30-day period was observed for the Federated Indians to respond to the offer for tribal consultation; and WHEREAS, on March 29, 2019, the City of San Rafael issued a Notice of Preparation (NOP) that announced the initiation of the EIR process and solicited 2 comments regarding the scope of issues to be included and studied in the EIR. The NOP provided a 30-day review period for public comment. On April 23, 2019, the Planning Commission held an appropriately noticed public scoping hearing on the NOP. The Planning Commission directed staff to prepare an EIR for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the following issues: Aesthetics, Agricultural and Forestry Resources, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise and Vibration, Population and Housing, Public services and Recreation, Transportation, Utilities and Service Systems, Wildfire, and a reasonable range of alternatives to the project; and WHEREAS, per the CEQA Guidelines, the Draft EIR (DEIR) was prepared, released, and circulated for a 61-day public review period beginning January 7, 2021 and ending March 9, 2021 (State Clearinghouse # 2019039167). The Draft EIR incorporates and is supported by technical studies and reports provided in Appendices A through I of the document; and WHEREAS, the DEIR incorporates and assesses the Year 2040 Buildout Projections for households, residential units, total population, and employment. Further, the DEIR concludes that buildout of the Plans would result in significant, unavoidable impacts associated with Air Quality, Cultural Resources, Greenhouse Gas Emissions, and Transportation. All other significant impacts identified in the DEIR were identified to be mitigated to less-than-significant levels with implementation of mitigation measures recommended in the DEIR; and WHEREAS, on March 9, 2021, the Planning Commission held a duly noticed public hearing to consider and accept comments on the DEIR. Based on written and oral comments received from the public on the DEIR and its own review of the DEIR, the Planning Commission directed staff to prepare a Final Environmental Impact Report (FEIR) and respond to comments received on the DEIR; and WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the environmental comments that were submitted on the DEIR during the public review period and a FEIR was completed; and WHEREAS, on May 28, 2021, Notice of Availability for the FEIR/Response to Comments, was mailed to responsible and trustee agencies, organizations, interested persons and others including those persons and parties that provided written and oral comments on the DEIR. In addition, on May 28, 2021, Notice of Availability was published in the Marin Independent Journal; and WHEREAS, the complete San Rafael General Plan 2040 and Downtown San Rafael Precise Plan FEIR (FEIR) is comprised of: a) San Rafael General Plan 2040 and Downtown San Rafael Precise Plan Draft EIR prepared by Placeworks, January 7, 2021; 3 and b) FEIR/Response to Comments to Draft EIR prepared by Placeworks, May 21, 2021; and WHEREAS, the City intends that the FEIR, and all applicable mitigation measures therein, shall be used as: a) the environmental documentation required by CEQA for adopting the San Rafael General Plan 2040 and Downtown San Rafael Precise Plan; and b) a Program EIR for all subsequent actions required to either implement these Plans and for individual, site-specific development project review within the geographic areas covered by these Plans; and WHEREAS, the City is committed to vigorous implementation of all programs it considers necessary to lessen impacts found to be significant and unavoidable, including implementation of its Climate Change Action Plan to reduce greenhouse gas emissions in order to achieve or exceed State climate goals; and WHEREAS, on June 15, 2021, the Planning Commission held a duly noticed public hearing on the FEIR/Response to comments and considered the FEIR along with the San Rafael General Plan 2040 and Downtown San Rafael Precise Plan, accepting all public testimony and the written report of the Community Development Department staff . Following its discussion, the Commission approved Resolution 2021-02 recommending City Council certification of the FEIR; and WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the FEIR, appended to this Resolution as Exhibit A, based upon the following findings required by CEQA Guidelines Section 15090: 1. The Final Environmental Impact Report (FEIR), which consists of the Draft Environmental Impact Report (DEIR) dated January 7, 2021, and the Response to Comments Document dated May 21, 2021 has been prepared in accordance with CEQA, including Public Resources Code Section 21083.3, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 2. The FEIR has been prepared and completed in compliance with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual by following the appropriate format, content, technical analysis of the potential impact areas and project alternatives identified in the initially authorized scope of work. Further, all prescribed public review periods and duly noticed hearings were held for the project Notice of Preparation (NOP), Notice of Completion (NOC) for public review of the DEIR and Notice of Availability following publication of the FEIR. 4 3. The City Council has exercised its independent judgment in evaluating the FEIR and has considered the comments received during the public review period on the DEIR. 4. The FEIR reflects the independent judgment and analysis of the City of San Rafael Community Development Department and City Council. The City Council has reviewed and considered all information contained in the FEIR prior to taking action on the San Rafael General Plan 2040, Downtown Precise Plan, and amendments to SRMC Title 14, Zoning finding that the FEIR: a) Appropriately analyzes and presents conclusions on the impacts of the project; b) Analyzes a reasonable range of alternatives to the project that could feasibly attain most of the basic objectives of the project while avoiding or substantially lessening any significant effect of the project; c) Identifies or recommends mitigation measures to substantially lessen, eliminate or avoid the otherwise significant adverse environmental impacts of the project, and d) Includes findings and recommendations supported by technical studies prepared by professionals experienced in the specific areas of study, and which are contained within the document and/or made available within the project file maintained by the City of San Rafael Community Development Department, the custodian of all project documents. 5. The information contained in the FEIR is current, correct, and complete for document certification. As a result of comments submitted on the DEIR, the FEIR provides responses to comments received on the DEIR and provides clarification to and incorporates edits to the DEIR text. No significant new information has been added to the DEIR that would deprive the public of meaningful opportunity to comment upon the significant adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the City has declined to implement. Specifically, no new, significant information is presented in the FEIR that would result in, disclose, or result in following: a) A new, significant environmental impact resulting from the project or a new mitigation measure needed to implement a new significant environmental impact; b) A substantial increase in the severity of the impacts that were disclosed and analyzed in the DEIR; c) Any new feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen significant environmental impacts of the project, but which the City refuses to adopt; and d) A finding that the DEIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 6. The FEIR presents factual, quantitative, and qualitative data and studies, which find and support the conclusion that the project will result in several potentially significant impacts that necessitate mitigation. At the time the City considers action on t he San 5 Rafael General Plan 2040, Downtown Precise Plan, and amendments to SRMC Title 14, Zoning, it will be necessary to make complete and detailed findings pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a). For each significant effect identified in the EIR, the City will be required to make one or more of the following findings: a) That changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR; that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and that such changes have been adopted by such other agency or can and should be adopted by such other agency; b) That specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR; and c) As the project would result in several significant, unavoidable impacts, findings of overriding consideration will be required. Such findings will require that the City weigh the benefits of the project with the environmental impacts that cannot be mitigated. 7. The City Council is taking an action to certify the FEIR for the project, recognizing it as an informational document for assessment of the project. The CEQA Guidelines recognize that an environmental document is prepared for public disclosure of potential project impacts and that it is used as an informational document to guide decision-makers in considering project merits. Certification of the FEIR, as presented, would not result in a land use entitlement or right of development for a specific project or site. When taking action on future development projects the FEIR document must be reviewed to determine whether it adequately assesses the impacts of the project, and whether the circumstances presented in Public Resources Code section 21166, as amplified by its corresponding CEQA Guidelines Sections 15162 to 15163 are present with respect to the project to determine whether: a) a Subsequent EIR, a Supplement to the EIR, Addendum to the EIR, or a Negative Declaration will need be prepared; or b) further environmental review under CEQA is not required. Certification of the FEIR prior to consideration of and taking action on future development projects does not prejudice or bias review or actions on the proposed development project. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council on the 19th day of July 2021. AYES: NOES: ABSENT: _________________________________________ LINDSAY LARA, City Clerk EXHIBIT A (by hyperlink): FINAL ENVIRONMENTAL IMPACT REPORT ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 7.b Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Alicia Giudice Community Development Director City Manager Approval: ______________ TOPIC: REQUEST FOR MODIFICATION OF AFFORDABLE HOUSING REQUIREMENTS SUBJECT: RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL MODIFYING CONDITIONS OF APPROVAL OF ENVIRONMENTAL AND DESIGN REVIEW (ED18- 100), USE PERMIT (UP18-039) AND TENTATIVE MAP (TS18-006) FOR THE MERRYDALE TOWNHOMES LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY TO ALLOW FULFILLMENT OF THE AFFORDABLE HOUSING REQUIREMENT IN ACCORDANCE WITH CITY COUNCIL RESOLUTION NO. 14890 (ZC19-002) RECOMMENDATION: Adopt the resolution approving a request for modification of inclusionary housing requirements for the Merrydale Townhomes (350 Merrydale/3833 Redwood Highway). BACKGROUND: On March 1, 2021, the City Council enacted Ordinance No. 1990 which amended San Rafael Municipal Code (SRMC) Section 14.16.030 altering the City’s affordable housing requirements outlined in Resolution No. 14890. As part of these amendments, the City Council allowed projects having already received City approval, but not yet having started construction, the ability to apply for modification of their approval to be consistent with the new lowered affordable housing requirements. As outlined in Ordinance No. 1990, the purpose of these changes to the affordable housing requirement is to incentivize the construction—not just approval—of housing units. These changes are projected to create more net new units overall by incentivizing developers to begin construction on projects quickly while also expanding the most effective funding stream for the City to create permanently affordable housing. As described in the February 16, 2021 Staff Report, these changes also provide a lever for the City to offset the economic effects of the COVID-19 pandemic which has rapidly increased the cost of construction. These cost increases have increased the risk in development and made projects that were feasible when first approved, now infeasible and unlikely to be built. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On April 1, 2021, Campus Properties, LLC submitted a request for modification of the affordable housing requirement for the Merrydale Townhomes (350 Merrydale/ 3833 Redwood Highway) (Attachment A). Merrydale Townhomes is a “for-sale” 45-unit townhome and stacked flat project approved on February 2020 by City Council with the adoption of Resolution 14762, Resolution 14763, and Ordinance 1979. Currently, nine of these units are designated below-market rate (BMR). Campus properties cites the following as reasons for the requested modification (see Attachment 2): o Cost of producing below market rate units; o Substantial increase in project costs; o Loss of expected revenues due to project modifications during project review; ANALYSIS: Campus Properties, LLC has requested that their affordable housing requirement be modified to the following: • Current Affordable Housing Requirement: Nine (9) Below Market Rate Townhomes. • Requested Modification: o Primary Requirement- SRMC 14.16.030 requires that five percent (5%) of the base units must be maintained affordable for low-income households. Merrydale Townhomes has 45 base-units, creating a Primary Requirement of 2.25 units. As a result, 2 “for-sale” unit would be maintained as BMR affordable to low-income households, and an in-lieu fee equal to $89,992.25 would be paid for the fractional 0.25 units at a rate of $343,969 per unit. o Secondary Requirement- Campus Properties, LLC has elected to meet their secondary requirement through the payment of an in-lieu fee. The payment would be equal to $773,930.25, equal to 2.25 units, or five percent (5%) of the total project units, at a rate of $343,969 per unit. If approved, the requested modification would result in a total affordable housing requirement equal to two below-market rate for-sale units and an in-lieu fee payment of $863,922.50. Per SRMC section 14.16.030, BMR units must be provided at the same time as market rate units, and the in-lieu fee must be paid prior to the issuance of a building permit. In-lieu funds are deposited into the City’s Affordable Housing Trust Fund, which is dedicated to expanding the supply of affordable housing for lower and moderate-income households through a variety of activities including new construction and the acquisition of existing housing. Trust Fund funded activities allow the City to operate to achieve three main goals: 1. Increase the supply of long-term affordable housing; 2. Preserve the physical and financial viability of the affordable housing; 3. Act quickly on affordable housing opportunities in the pipeline by leveraging in-lieu payments collected to create additional affordable housing. Based upon recent Trust Fund funded affordable housing projects, the City could potential leverage the in-lieu fees paid by this project to fill the estimated “affordability gap” on up to 19 permanently affordable housing units.1 Staff has determined that this modification request is compliant with SRMC section 14.16.030 and recommends approval. 1 The “Affordability Gap” represents the local funding needed on an affordable housing project to become feasible after all other funding sources have been accounted for. Staff estimates this gap to be approximately $45,000 per unit on average for Marin County. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: The requested modification would allow the developer to pay an in-lieu fee of $863,922.50. In-lieu funds would be deposited into the Affordable Housing Trust Fund (Fund #243). Payment of these in-lieu funds to the Fund #243 would increase the fund balance from $3,602,309.38 to $4,466,231.88. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution approving the modification request. 2. Direct staff to return with more information. 3. Take no action. RECOMMENDED ACTION: Adopt the resolution approving the request for modification of inclusionary housing requirements for the Merrydale Townhomes (350 Merrydale/3833 Redwood Highway). ATTACHMENTS: 1. Resolution 2. Request for Modification of Affordable Housing Requirement 3. Public Hearing Notice Attachment 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL MODIFYING CONDITIONS OF APPROVAL OF ENVIRONMENTAL AND DESIGN REVIEW (ED18-100), USE PERMIT (UP18-039) AND TENTATIVE MAP (TS18-006) FOR THE MERRYDALE TOWNHOMES LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY TO ALLOW FULFILLMENT OF THE AFFORDABLE HOUSING REQUIREMENT IN ACCORDANCE WITH CITY COUNCIL RESOLUTION NO. 14890 (APN’S: 179-041-27 AND 179-041-28) WHEREAS, on February 3, 2020, the San Rafael City Council adopted Ordinance No. 1979, Resolution No. 14762, and Resolution No. 14763 approving entitlements for development of a 45-unit condominium project at 350 Merrydale/3833 Redwood Highway, called the Merrydale Townhomes. The entitlements included approval of Tentative Map, Master Use Permit and Environmental and Design Review; and WHEREAS, a condition of approval of the Tentative Map, Master Use Permit and Environmental and Design Review for the project required nine Below Market Rate Units in accordance with San Rafael Municipal Code Section 14.16.030 in effect at the time of the approvals; and WHEREAS, on February 16, 2021, the City Council adopted Ordinance No. 1990 amending San Rafael Municipal Code (SRMC) section 14.16.030, and Resolution No. 14890, which together set forth the affordable housing requirements for housing developments within the City. Ordinance No. 1990 authorized the affordable housing requirement for housing developments of greater than 15 units to be split into a primary requirement (5% of units to be constructed onsite) and a secondary requirement (option of on-site or off-site development; dedication of land; or payment of in-lieu fees); and WHEREAS, SRMC section14.16.30, as modified by Ordinance No. 1990, allows modifications of the affordable housing component of projects that were approved prior to the effective date of Ordinance No. 1990 but which have not yet commenced construction; and WHEREAS, on April 20, 2021, subsequent to adoption of Ordinance No. 1990, the City received an application requesting modification of the affordable housing obligation for the Merrydale Townhomes project; and WHEREAS, the applicant is proposing to comply with Ordinance No. 1990 and Resolution No. 14890 by providing two (2) onsite below market rate units and by paying in-lieu fees equal to 2.5 units; and WHEREAS, the proposed modification is consistent with Resolution No. 14890; and WHEREAS the proposed amendments do not propose any changes to City policies or regulations that would result in a direct or indirect physical, environmental impact; therefore it has been determined that this ordinance amendment qualifies for exemption from the California Environmental Quality Act (CEQA) pursuant to Sections 15183(a) because it entails a project that can be found consistent with the General Plan policies and pursuant to 15061(b)(3), which states that as a ‘general rule’ CEQA applies only to projects which have the potential to cause a significant, physical environmental impact; and WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and Attachment 1 NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does hereby approve modifications to conditions of approval for Environmental and Design Review Permit (ED18-100), Tentative Map Subdivision (TS18-006), Use Permit (UP18-039) for the project located at 350 Merrydale/3833 Redwood Hwy.as shown on Exhibit A 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 San Rafael City Council held on the 19th day of July 2021, by the following vote to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________ LINDSAY LARA, City Clerk Attachment 1 EXHIBIT A MODIFIED CONDITIONS OF APPROVAL PER RESOLUTION NO. _________ FOR ENVIRONMENTAL AND DESIGN REVIEW (ED18-100), USE PERMIT (UP18-039) AND TENTATIVE MAP (TS18-006) FOR THE PROPERTY LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-041-27 AND 179-041-28) Environmental and Design Review Permit Conditions of Approval (ED18-100) General Project Conditions Community Development Department - Planning Division 1) The proposed 45-unit townhome development shall be installed and designed in substantial conformance with the proposed site plan and elevations and landscape plan as presented for approval on plans prepared by WHA Architects, date stamped Approved, December 10, 2019, and shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision- making body. 2) Approved colors for the main body, trim and accent colors are as shown on the approved Color and Material Board: a) Sherman Williams Paint for Body Colors- High Reflective W hite (SW 7757), Gossamer Veil (SW 9165), Tin Lizzie (SW9163), Jute Brown (SW 6096); b) Trim Color -Thunder Gray (SW 7645); c) Accent Colors-Deep Sea Dive (SW 7618), Rookwood Terra Cotta (SW2803), and Raisin (SW7630); and d) Manufactured Stone (Timberwolf). Any future modification to colors shall be subject to review and approval by the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. 3) Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $2,354.74 (current fee as of 2018) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1st of each year. 4) Applicant and property owner shall be responsible for implementing all mitigation measures presented in the Project’s Mitigated Negative Declaration, on file with the Community Development Department, including any mitigation measures that may not have been incorporated into the Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED18-100 project Conditions of Approval #31, herein. 5) The project shall comply with all mitigation measures as identified in the IS/MND Mitigation Measure Monitoring and Program, dated November 8, 2019. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for adopted by separate Resolution and included as conditions of approval. The IS/MND determined that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation and Tribal Resources. The IS/MND identifies Mitigation Measures that, when implemented, would reduce the impacts identified to a less-than-significant level. These mitigation measures are also identified as conditions of approval in the relevant Attachment 1 sections herein and detailed in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2- Attachment A). 6) Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 7) In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 8) As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 9) All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 10) The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 11) All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 12) Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMW D or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. Attachment 1 13) All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 14) This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. 15) Phasing of the project is allowed, subject to the terms and conditions of approval of the Master Use Permit (UP18-039) below. 16) This Environmental and Design Review Permit (ED18-100) approving the Project shall run concurrently with the approved Master Use Permit (UP18-039). If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. Prior to the Issuance of a Demo/Building/Grading Permit Community Development Department - Planning Division 17) A copy of the Conditions of Approval for ED18-100 shall be included as a plan sheet with the building permit plan submittal. 18) As offered by the applicant, the project shall:1) install pre-wiring for “Level 2” electric vehicle chargers in each garage; and 2) install pre-wiring for solar panels on all buildings/units. Compliance with this condition shall be demonstrated on the building permit plans and installed prior to occupancy. 19) The project proponent shall demonstrate and notate on the building permit plans that Air Quality measures III (a), III (b) and III(c) (AQ -1, AQ1a and AQ-2) to eliminate dust control and exhaust during construction, set standards for diesel equipment over 25 horsepower to meet U.S. particle emission standards, and requires that the project include high-efficiency particulate filtration systems in residential ventilation systems will be completed during construction. 20) (GEO-1): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018 ENGEO report. 21) (GEO-2): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer for review and approval. In order to reduce the effects of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to withstand minimum differential movements. Foundation design recommendations are presented in Section 4 of the May 8, 2018 ENGEO report. Attachment 1 22) (GEO-3): Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer of Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department (DPW) Grading and Construction Erosion and Sediment Control Plan Permit Application Package and the Regional Water Quality Control Board standards. 23) (GEO-4): Soils shall be moisture conditioned to above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. 24) (TRANS-1): demonstrate on building permit or improvement plans the design of the pedestrian sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the west side of Redwood Road directly adjacent to the project driveway connecting to the existing sidewalk. 25) (HYDRO-1): Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; b) W here not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 26) The applicant shall provide information on the building permit plans to show compliance with noise Mitigation Measures recommended on Page 74 of the Illingworth and Rodkin Noise Assessment regarding required forced-air ventilation and STC rated windows on all buildings. Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the Nosie Report. 27) (BIO-1): Pre-construction nesting bird and bat survey. The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. Attachment 1 i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 28) (HAZ-1): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a hazardous building materials survey for all structures proposed for demolition or renovation as part of the project. All lead-based paint and asbestos-containing materials (ACM) shall be abated by a certified contractor in accordance with local, state, and federal requirements. All hazardous materials shall be removed from buildings prior to demolition in accordance with California Division of Occupational Safety and Health (DOSH) and California Department of Toxic Substances Control (DTSC) regulations. A completion of abatement activities report shall be prepared by a qualified professional and submitted to the City prior to permit approval. 29) (HAZ-2): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a Soil Management Plan to develop protocols and procedures for handling potentially impacted soils or underground structure/equipment that may be encountered during grading operations and other construction activities as part of the project. If impacted soils or underground structure/equipment are encountered during construction activities, all construction shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to make observations and prepare recommendations for proper handling of soils and/or structures/equipment. 30) Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking . Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 31) The proposed project will be required to provide bicycle improvements along Merrydale Rd. in keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan, which identifies Merrydale Rd. for a Class III Bike Route. The applicant will be required to install the appropriate signage and striping along Merrydale Road (fronting the project site) to signify that the street is a Class III Bike Lane. Specifics of the bike lane striping are subject to final review and approval by the Community Development Department and Traffic Engineer. 32) Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 33) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public Attachment 1 view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 34) Any outstanding Planning Division application processing fees shall be paid. 35) A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 36) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. The project is required to provide a primary and secondary affordable housing requirement pursuant to San Rafael Municipal Code Section 14.16.030 and City Council Resolution 14890. The applicant shall comply with this requirement by providing 2 units on-site (5% of the total units) and by paying an in-lieu fee equal to the 2.5 units (2.25 + .25 (fractional unit from the onsite requirement)). Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, The applicant shall : a. Pay the affordable housing in-lieu fee equal to 2.5 units. b. Enter into a Below Market Rate (BMR) agreement. The BMR agreement for the two (2) affordable unit shall be approved by the Community Development Director and City Manager and recorded on the property. Consistent with the affordable housing requirements, the affordable houisng units shall be affordable to low-income households The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. 37) Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans. The fencing shall be a minimum four-foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. 38) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Should the project not record a final map, Attachment 1 the BMR agreement will be modified to a rental agreement and comply with the affordable housing requirements for rental, which would be five (5) units affordable at very-low income level and (4) at low-income level. Public Works Department - Land Development Division General 39) The proposed private roads do not meet the requirements for Right-of-Way/Easement width or paving width per Municipal Code (MC) section 15.06.050. An exception request pursuant to Municipal Code 15.01.120 has been received and we have no objection to the proposed widths based on the necessary findings. 40) It is our understanding that the applicant has provided the minimum garbage facilities required. However, the location and potential for higher demand may necessitate additional storage for a condominium project of this size. We recommend the applicant provide a method to address this in the future if the project is approved as currently proposed. 41) Redwood Hwy and Merrydale Rd do not currently have a cul-de-sac or other vehicular turn around for the dead ends, this project proposes a public access easement over the privately maintained roadways to connect the two which will allow for through circulation. With through public access provided, turnarounds are not required at the end of the publicly maintained roadways. 42) The site is located in or near areas that may be susceptible to localized flooding, or the drainage of the site may be influenced by larger flooding events. We recommend that the applicant consider these concerns, as well as potential impacts due to sea level rise. 43) Third party peer review of geotechnical and engineering reports and inspection throughout construction shall be required, paid for by the project sponsor and contracted by the City. Provide a proposed project schedule for the duration of work, so that an estimate may be prepared for the required deposit amount. 44) Provide will serve letters from the various utilities for the proposed subdivision. 45) It is our understanding that there the sanitary sewer system is currently proposed as a gravity flow. However, LGSVD may require mitigation to alleviate flow in the downstream sewer, or that a pump station may be necessary. We recommend that as a condition of approval the applicant provide the will serve letter showing that all requirements from LGSVD shall be met prior to issuance of a permit. Access 46) Provide the lighting analysis, include the frontage for Merrydale Rd and Redwood Hwy. Grading 47) Show the estimate of proposed grading on the plan. This project is located along an open creek. Therefore, all mass grading shall be limited to April 15 through October 15, unless otherwise approved in writing by the Department of Public Works. 48) A grading permit shall be obtained for all grading and site improvement work. Trucking trips during peak hours may be limited. 49) A preliminary geotechnical report has been provided. This does not thoroughly analyze the geotechnical concerns but references that design-level explorations should be conducted prior to site development once more detailed plans have been prepared. The project is in application for Attachment 1 design. Therefore, the subsequent geotechnical report shall be a condition of approval. However, the findings of that report may affect the design of the project, which may require re -review of the project. 50) All plans, reports, monitoring, inspection and testing for the proposed project will be reviewed by an independent Geotechnical Engineer and/or Engineering Geologist retained by the City, at the expense of the project sponsor. This third-party consultant will review all plans, reports, monitoring, inspection and testing data prior to appropriate approvals and/or certifications. A letter report summarizing findings and recommendations shall be submitted by the geotechnical engineer to the City Engineer for review and approval, as well as incorporation into grading plans. Final grading and foundation techniques shall be developed by a certified geotechnical engineer or engineering geologist and reviewed and approved by the City. 51) A construction management plan shall be provided for review and approval by the City. a) All materials and equipment shall be staged on-site. b) The construction management plan shall include the traffic control plan to address on-site and off-site construction traffic. c) A screened security fence approved by the City shall be placed and maintained around the perimeter of the project and removed immediately following construction work d) Truck routes shall be reviewed and approved by the City. Hauling shall be limited to 1 truck in and 1 truck out per 15 minutes during the AM and PM peak, which may be revised at the time of grading permit issuance. 52) This project includes over one (1) acre of disturbance. A SWPPP shall be required. 53) Phasing of the project shall be configured to develop the area adjacent to the creek first along with the infrastructure. This area is required for access, maintenance and drainage. This would allow for early establishment of vegetation in this area to reduce potential impacts to the creek. Due to the size of the project and configuration, the infrastructure required on and off site shall be developed as part of phase one. Infrastructure items that are commonly delayed to later phases shall be reviewed by the Department of Public Works, such as final lift of asphalt. Drainage 54) This site includes work in or immediately adjacent to a creek. The applicant shall comply with requirements of the various creek permitting agencies and obtain all necessary permits. (a) Pet waste bags, signage and trash receptacles shall be provided in convenient locations to reduce the likelihood of litter near the creek path. 55) The final drainage plan shall be subject to review and approval by the City Engineer. The final drainage plan shall address the following: a) The plans shall show the existing drainage facilities b) Runoff shall not be increased, leaving the project boundary c) Filtration shall be required for particles equal to or larger than 5mm, so they do not enter into the City’s storm drainage system d) Placards (medallions) shall be installed on all new drainage inlets to prohibit dumping of pollutants. These are available from the City or MCSTOPPP e) A stormwater facilities maintenance agreement shall be required f) How the project’s drainage system shall be maintained, whether separate for each site or together along with the other development improvements. g) The drainage plan shall be developed in consideration with the findings of the geotechnical report. Attachment 1 56) The site drainage system is located at elevations that may be subject to tidally influenced surcharge events. The drainage system shall include backflow prevention. 57) Frontage improvements shall include where necessary, street lighting, conduit for City facilities, accessible curb ramp pairs, drainage facilities, street trees, sidewalk, curb and gutter. This shall be reviewed at the time of permit issuance. 58) Due to the level of improvements we recommend that as a condition of approval the full width of Merrydale Rd be resurfaced with this project, additionally we suggest that this be extended to the intersection with Las Gallinas, as this is one of the only two sites that currently take access from this end of Merrydale Rd. The extents of resurfacing shall be reviewed based on existing conditions at the time of permit issuance. 59) An encroachment permit is required for any work within the Right-of-Way, from the Department of Public Works located at 111 Morphew Street. Restriping of public streets shall be of thermoplastic, as approved by the Department of Public Works. Traffic 60) The Traffic Impact Study (TIS) has been updated, dated October 3, 2019 and previous comments have been addressed. 61) The proposed project results in additional trips generated at the site. Based on the draft traffic impact study and the additional proposed unit, this results in an estimated 17 AM and 19 PM peak hour trips. Using the current traffic mitigation fee rate this results in an estimated fee of (36*$4,246) $152,856 which shall be calculated and due at the time of building permit issuance. 62) A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Community Development Department – Building Division 63) The design and construction of all site alterations shall comply with the 2016 California Building Code (CBC), 2016 California Plumbing Code (CPC), 2016 California Electrical Code (CEC), 2016 California Mechanical Code CCMC), 2016 California Fire Code (CFC), 2016 California Energy Code, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 64) A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Site/civil plans (clearly identifying grade plane and height of the building) g) Structural Calculations h) Truss Calculations i) Soils reports j) Green Building documentation k) Title-24 energy documentation 65) Building height and story must comply with CBC Section 504. On the plan justify the proposed building area and height. Attachment 1 66) Building areas are limited by CBC Table 506.2. On plan justify the proposed building area. 67) The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected. 68) Townhouses more than three stories above grade in height must comply with the CBC. CBC Table 705.8 allows: a) 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3’ to less than 5’ from the property line or buildings on the same property. b) 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to less than 10’ from the property line or buildings on the same property. c) 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to less than 15’ from the property line or buildings on the same property. 69) Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 70) Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 71) Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 72) School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 73) Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 74) Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1-hour construction. 75) Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2 percent. 76) When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5 percent of the parking spaces shall be accessible and provide access to grade- level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. Attachment 1 77) Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site. Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces 1 to 25 1 26 o 50 2 51 o 75 3 76 o 100 4 101 150 5 151 200 6 201 300 7 301 400 8 401 500 9 501 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 78) At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 79) This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied based on the average unit square footage. New multi-family dwellings must comply with the “Green Building Rating System” by showing a minimum compliance threshold between 65 and 75 points. Additionally, the energy budget must also be below Title 24 Energy Efficiency Standards a minimum 15%. Fire Department – Fire Prevention Bureau 80) Prior to issuance of building permit, the following requirements shall be added to the building permit plans as Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box installation at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) all hydrants to be Clow model 960 appliances. 81) Plan Sheet SP-6 (Fire Engine Truck Access Plan) shall be part of the building permit submittal packet and reviewed by the Fire Department as part of the building permit review. Las Gallinas Valley Sanitation District 82) Las Gallinas Valley Sanitation District has determined that the proposed project is within the Sphere of Influence and District facilities boundary. The proposed project must apply for and receive an allocation of sewer capacity from this District before it can receive sewer services. The proposed project must make satisfactory arrangements with this District for the construction of any off-site or on-site sewers which may be required. The District has provided the following comments, as of October 15, 2019: The District will consider a gravity option with the following conditions: Attachment 1 a) The initial report from Nute Engineering has indicated that a gravity option is not feasible without flow diversion within the District collection system and upgrades to Rafael Meadows Pump Station. This option is subject to final review by Nute Engineering. The District anticipates receiving the Nute’s final recommendation and preliminary construction cost estimate by end of October 2019. b) The District has considered constructing flow diversion structures at its own expense to alleviate surcharging of sanitary sewers in the area. However, at the minimum, applicant may be required to cost share the electrical and pump upgrades to the Rafael Meadows Pump Station, pending District Board approval. c) If a gravity option is not feasible, the District will require a dedicated private pump station in addition to the Rafael Meadows Pump Station upgrades as described above. The private pump station option shall comply with the following conditions: i) The pump station design shall meet the requirements set by the Regional Water Quality Control Board and other regulatory agencies. ii) The pump station shall include backup generator and pumps with series of sensors and alarm systems to alert District staff of pump failure and potential sewage overflows. iii) The pump station shall comply with city ordinance general noise limits (chapter 8.13), which at a minimum are 60dBA intermittent daytime and 50dBA intermittent nighttime. d) Applicant shall submit plans electronically to LGVSD for review and approval. A Will Serve Letter will be issued based on the following: i) Approved plans designed with District standard details and specifications. ii) Compliance with District requirements outlined in previous plan reviews. iii) Other requirements based on future submittals. Marin Municipal Water District 83) The applicant must enter into a pipeline extension agreement with the Marin Municipal Water District for the installation of the necessary facilities and said agreement must be approved by the District’s Board of Directors. All costs associated with a pipeline extension are borne by the applicant. 84) Complete a High-pressure Water Service Application 85) Pay appropriate fees and charges 86) Complete the structure’s foundation within 120 days of the date of application 87) Comply with the District’s rules and regulations in effect at the time service is requested, including the installation of a separate water service for each residential structure. 88) Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. This may include ventilation of specific indoor fixture efficiency compliance. 89) If you are pursuing a landscaping project subject to review by your local planning department and/or subject to a city permit, please contact the district water conservation department at 415- 945-1497 or e-mail to plancheck@marinwater.org. More information about district water conservation requirements can be found online at www.marinwater.org. 90) Comply with the backflow preventer requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at 415-945-1558. Attachment 1 91) Comply with Ordinance No.429 requiring the installation of gray water recycling systems when practicable for all projects required to install new water service and existing structures undergoing “substantial remodel” that necessitates an enlarged water service. 92) Comply with California water Code – Division 1, Chapter 8, Article 5, Section 537; which requires individual metering of multiple living units within newly constructed structures. During Construction and Grading Community Development Department – Planning Division 93) Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.13 of the San Rafael Municipal Code. 94) AIR QUALITY (AQ-1): Include basic measures to control dust and exhaust during construction. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. The contractor shall implement the following best management practices that are required of all projects: a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 95) AIR QUALITY (AQ-1a): All diesel-powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines with CARB-certified Level 3 Diesel Particulate Filters or equivalent. a) The use of equipment meeting U.S. EPA Tier 4 standards for particulate matter would also meet this requirement. b) Use of equipment that includes alternatively fueled equipment (i.e., non-diesel) would meet this requirement. c) Other measures may be the use of added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to less-than-significant. Attachment 1 96) AIR QUALITY (AQ-2): Include high-efficiency particulate filtration systems in residential ventilation systems. The significant exposure for new project receptors is judged by two effects: (1) increased cancer risk, and (2) annual PM2.5 concentration. Exposure to cancer risk from U.S. Highway 101 are significant. Cancer risk is based on exposure to exhaust emissions while annual PM2.5 concentrations are based on the exposure to PM2.5 resulting from emissions attributable to truck and auto exhaust, the wearing of brakes and tires and re-entrainment of roadway dust from vehicles traveling over pavement. PM2.5 exposure drives the mitigation plan. Reducing PM2.5 exposures to less than significant would also reduce cancer risk to less than significant levels. The project shall include the following measures to minimize long-term annual PM2.5 exposure for new project occupants: 1. Install air filtration in residential dwellings. Air filtration devices shall be rated MERV 13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, all fresh air circulated into the dwelling units shall be filtered, as described above. 2. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HVAC) air filtration system shall be required. 3. Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. 97) BIOLOGICAL RESOURCES (BIO-1): Pre-construction nesting bird and bat survey: The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 98) CULTURAL RESOURCES (CULT-1): Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dart points), midden (culturally derived darkened soil containing heat- affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). Attachment 1 99) CULTURAL RESOURCES (CULT-2): Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner’s determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant (“MLD”). A qualified archaeologist, Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. 100) GEOTEHCHNICAL (GEO-5): Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. a) If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. b) The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: “The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground- disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.” Attachment 1 101) NOISE (NOISE-1): Implementation of the following measures would reduce construction noise levels emanating from the site, limit construction hours, and minimize disruption and annoyance. a) Construction activities shall be limited to the hours specified in the City of San Rafael's Municipal Code (7 am to 6 pm on weekdays and 9 am to 6 pm on Saturdays). No construction activities are permitted on Sundays and holidays. b) Limit use of the concrete saw to a distance of 50 feet or greater from residences, where feasible. Construct temporary noise barriers to screen stationary noise-generating equipment, such as the concrete saw, when located near adjoining sensitive land uses. Temporary noise barriers could reduce construction noise levels by 5 dBA. c) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. d) Unnecessary idling or internal combustion engines should be strictly prohibited. e) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. f) Utilize "quiet" air compressors and other stationary noise sources where technology exists. g) Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. h) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of "noisy" construction activities to the adjacent land uses and nearby residences. i) Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 102) TRIBAL-1: Address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. Prior to Final Occupancy Community Development Department – Planning Division 103) A post-construction Acoustical Study shall be performed and submitted to the Planning Division to confirm that the project was constructed compliant with noise reducing materials and construction techniques as recommended in the Illingworth and Rodkin Acoustical Study. 104) AESTHETICS (AES-1): Prior to the Building Permit final inspection, the project applicant shall submit to the satisfaction of the Community Development Department Director, a post -installation photometric lighting study showing that the lighting on site complies with the approved lighting levels per ED18-100 and the requirements of SRMC 14.16.227. The project applicant shall also demonstrate to the Building Department that outdoor lighting fixtures meet the requirements of the California Energy Code (known as Part 6, Title 24 of the California Code of Regulations). 105) Install any improvements required by TRANS-1 prior to final occupancy 106) HYDROLOGY (HYDRO-2): Prior to a certificate of occupancy, the Project applicant shall verify that operational stormwater quality control measures that comply with the requirements of the current Phase II Small MS4 Permit have been implemented. Responsibilities include, but are not limited to: Attachment 1 a) Designing BMPs into Project features and operations to reduce potential impacts to surface water quality and to manage changes in the timing and quantity of runoff associated with operation of the project. These features shall be included in the design‐level drainage plan and final development drawings. b) The proposed project shall incorporate site design measures and Low Impact Development design standards, including minimizing disturbed areas and impervious surfaces, infiltration, harvesting, evapotranspiration, and/or bio‐treatment of stormwater runoff. c) The Project applicant shall establish an Operation and Maintenance Plan. This plan shall specify a regular inspection schedule of stormwater treatment facilities in accordance with the requirements of the Phase II Small MS4 Permit. d) Funding for long‐term maintenance of all BMPs shall be specified. 107) The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. The final inspection shall require a minimum of 48-hours advance notice. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping/ irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. The landscape architect shall certify in writing and submit to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 108) All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 90-day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. 109) All plan details shall be implemented as indicated plans approved for building permit, in compliance with all conditions of approval and applicable City zoning code requirements, to the satisfaction of the Community Development Director. Any outstanding fees including planning review fees, inspection fees, etc. shall be paid. Fire Department – Fire Prevention Bureau 110) Prior to Final occupancy, the following requirements shall be installed in addition to all Fire code Requirements on the site and shown on the Fire Engine Truck Access Plan Sheet SP-6: a) Fire Lane signage shall be installed at both entrances that meet City of San Rafael Parking Enforcement standards. b) KNOX box shall be installed at Community Rec Room exterior wall. c) Fire Sprinkler system conforming to NFPA standards installed throughout. d) All hydrants installed on site shall be Clow model 960 appliances. Tentative Subdivision Map Conditions of Approval (TS18-006) Community Development Department - Planning Division 2. The Tentative Subdivision Map (TS18-006) shall be valid for a period of three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void unless a Final Map has been recorded or a time extension is granted. Attachment 1 3. The proposed project is approved as a Three-Phase development, consisting of a Phase One “pre- phase” (on and off-site improvements) to complete building Phase One -construction of Buildings 1-4 and all landscaping north of Private street “A” (Fall 2021) and Phase Three- construction of Buildings 5-9, tree removal along the south property line and all remaining landscaping (Summer 2022). The Final Map may be recorded in phases or all at once. 4. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. The project is required to provide a primary and secondary affordable housing requirement pursuant to San Rafael Municipal Code Section 14.16.030 and City Council Resolution 14890. The applicant shall comply with this requirement by providing 2 units on-site (5% of the total units) and by paying an in-lieu fee equal to the 2.5 units (2.25 + .25 (fractional unit from the onsite requirement)). Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, The applicant shall : a. Pay the affordable housing in-lieu fee equal to 2.5 units. b. Enter into a Below Market Rate (BMR) agreement. The BMR agreement for the two (2) affordable unit shall be approved by the Community Development Director and City Manager and recorded on the property. Consistent with the affordable housing requirements, the affordable houisng units shall be affordable to low-income households The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. 5. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever occurs first, the developer shall pay to the City in lieu parkland dedication fees for 45 new units in accordance with the provisions of City Council Ordinance No. 1558, which would be 45 x 2.5 persons/dwelling unit x 3 acres per 1,000 persons x $262,396.80 = $88,558.92 6. Conditions, Covenants and Restrictions (CC&R’s) shall be prepared and submitted with an application for a Final Parcel Map. The CC&R’s shall include the following requirements and provisions: a. The formation of a homeowner’s association (HOA). b. Project will be governed by a homeowner’s association (HOA) which will manage, maintain and operate the Project in accordance with Conditions, Covenants and Restrictions (CC&Rs) to be recorded against each unit and the common areas, Articles of Incorporation (Articles) and Bylaws. The HOA will have the right to adopt rules, regulations and guidelines, including design guidelines and community space rules to implement the CC&Rs. HOA responsibilities for ongoing maintenance of the shared or common facilities, including but not limited to the common driveway, common landscaping and irrigation, fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities) and exterior building and lighting improvements. All common areas including the Creek Promenade and the Paseos will be owned, managed and controlled by the HOA. Initially the Attachment 1 builder will own all units within the project and will control the HOA until sufficient units have been sold for a HOA Board of Directors to be elected. The builder will pay HOA dues to the HOA for each unit until each unit is sold. Restrictions and regulations imposed on each lot owner. The CC&R’s shall include provisions, which restrict the use of the parking spaces to vehicle parking. c. Requirements and provisions for professional management services or the services of a Certified Public Accountant to oversee the HOA responsibilities and budget. d. Include an article providing for rights of the City of San Rafael, as follows: ARTICLE ____. RIGHTS OF THE CITY OF SAN RAFAEL 1. Use Restrictions. In furtherance of the police power of the City of San Rafael, the following provisions will apply to the Property: (a) no re-subdivision of any Lot shown on the Map will be done without the approval and consent of the City of San Rafael. (b) the restrictions set out in this Declaration will burden the Property, for the benefit of the City of San Rafael, and the same are enforceable by and will inure to the benefit of the City of San Rafael. 2. Right to Remedy Failure to Maintain Common Area. In the event that there is a failure to maintain the Common Area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use, or property value of their Project, thereby impairing the health, safety and welfare of the residents in the Project, the City, by and through its duly authorized officers and employees, will have the right to enter upon the subject Property, and to commence and complete such work as is necessary to maintain said Common Area. The City will enter and repair only if, after giving the Association and Owners written notice of the failure to maintain the Common Area, they do not commence correction of such conditions in no more than thirty (30) days from the giving of the notice and proceed diligently to completion. All expenses incurred by the City shall be paid within thirty (30) days of written demand. Upon a failure to pay within said thirty (30) days, the City will have the right to impose a lien for the proportionate share of such costs against each Lot in the Project. It is understood that by the provisions hereof, the City is not required to take any affirmative action, and any action undertaken by the City will be that which, in its sole discretion, it deems reasonable to protect the public health, safety and general welfare, and to enforce it and the regulations and ordinances and other laws. It is understood that action or inaction by the City, under the provisions hereof, will not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. It is further understood that the remedies available to the City by the provision of this section or by reason of any other provisions of law will be cumulative and not exclusive of the maintenance of any other remedy. In this connection, it is understood and agreed that the failure to maintain the Common Area will be deemed to be a public nuisance and the City will have the right to abate said condition, assess the costs thereof, and cause the Attachment 1 collection of said assessments to be made on the tax roll in the manner provided by appropriate provisions of the San Rafael Municipal Code or any other applicable law. The City Council of the City may, at any time, relinquish its rights and interest in the Project as herein set forth by appropriate resolution. Any such relinquishment by the City Council will be effective on the date that the resolution is adopted, and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Association. The Owner will execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution. 3. No Waiver. No failure of the City of San Rafael to enforce any of the covenants or restrictions contained herein will in any event render them ineffective. 4. Third-Party Beneficiary. The rights of the City of San Rafael pursuant to this Article will be the rights of an intended third party beneficiary of a contract, as provided in Section 1559 of the California Civil Code, except that there will be no right of Declarant, the Association, or any Owner(s) to rescind the contract involved so as to defeat such rights of the City of San Rafael. 5. Hold Harmless. Declarant, Owners, and each successor in interest of Declarant and said Owners, hereby agree to save and hold the City of San Rafael harmless from any and all liability for inverse condemnation which may result from, or be based upon, City’s approval of the Development of the subject Property. 6. Amendments. The City of San Rafael will be given reasonable advance notice in writing of any amendments to the Declaration affecting the rights of the City as provided herein, and no such amendment will be deemed effective without the written consent of the San Rafael City Council. 7. Prior to recordation of the final map, the CC&R’s shall be reviewed and approved by the Department of Community Development and the City Attorney’s Office. 8. Approved CC&R’s shall be recorded concurrently with the final map. Department of Public Works - Land Development Division 9. A Final Map shall be required to be filed and approved by the Department of Public Works. 10. Should the applicant elect to record the final map prior to completion of the subdivision improvements, a subdivision improvement agreement shall be required. As part of this agreement bonds shall be required based on the engineer’s estimate. The current fees for the subdivision: ➢ $2,615.00 Improvement Plan Check ➢ $3,285.00 minimum, (or actual cost if greater) for Final Map Plan Check. ➢ $1,464.00 Subdivision Improvement Inspection Fees. Master Use Permit Conditions of Approval (UP18-039) 1. Except as modified herein, the Master Use Permit (UP18-039) authorizes redevelopment of the existing 2.28-acre site for residential use as shown in the approved plans in a maximum of three (3) phases. Although phasing is not required, this Use Permit authorizes that the project may be phased as follows, subject to the conditions of approval Attachment 1 a) Phase One (Pre-Phase) which entails site preparation, demolition, landscaping/tree removal (except no removal of existing trees along the southern property line). b) Phase Two – Shall include construction of buildings, construction of the 2 on-site below market rate units, Construction of Buildings 1- through Building 4 (a total of 25 units, including five (5) BMR units), trash enclosure, and creek promenade enhancements including landscaping, hardscape and recreational amenities. c) Phase Three - Construction of any remaining units Building 5 through Building 9 (a total of 20 units, including four (4) BMR units), removal of existing trees along southern property line and the remaining landscaping. 2. Should the project proceed in a phased development approach, the following requirements shall apply: a) All site improvement, roadways, sidewalk, utilities shall be installed and completed no later than the completion of Phase Two. b) Landscaping may be installed by each phase: i. Prior to final occupancy of Phase Two, the approved landscaping along the Merrydale Rd border (along Building 1) and along the Highway 101 frontage (Building 3 and Building 4) along with all other on-site landscaping in that phase, shall be installed. ii. Prior to final occupancy of Phase Three, the approved landscaping along the Merrydale Rd border (along Building 9) and along the Highway 101/Redwood Hwy frontage (Building 5 and Building 6), along with all other on-site landscaping in that phase, shall be installed. c) This Master Use Permit (UP18-039) shall be valid for three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void if: 1) a building permits(s) have not been obtained and construction diligently commenced and pursued for all 9 buildings (45 units); 2) construction has not commenced on both Phase Two and Phase Three; 3) the project has not substantially progressed in constructions of Phase Two and Three; or 4) a time extension request has not been received before December 10, 2022. The time extension application (including project plans) must be submitted to the Planning Department with all associated fees. The time extension is subject to a public hearing and review and approval by the Planning Commission. d) Once the building permit(s) is/are issued and construction and framing are commenced within the three (3) year period, then the Use Permit shall become valid and run with the land and will not have an expiration date. On-going compliance with all conditions of approval shall be required to keep the Use Permit valid. 3. Prior to completion of Phase Two, an “Interim Site Plan” for the area of Phase Three shall be submitted, to address visual conditions, dust/erosion control, security and drainage and site maintenance. This plan shall be subject to review and approval of the Community Development Department and Department of Public Works. 4. Once the Interim Site Plan is approved, all specific conditions of the interim plan for the area of Phase Three shall be installed per the approved plan, prior to final occupancy of Buildings 1 through Building 4, as approved per Phase Two construction. CAMPUS PROPERTY GROUP April 1, 2021 Paul Jensen Alicia Giudice Department of Community Development City of San Rafael 1400 Fifth Street San Rafael, CA 94901 Request for Modification of Affordable Housing Requirement 350 Merrydale Road/3833 Redwood Highway Pursuant to new SRMC section 14.16.030 / Ordinance No. 1990 Dear Paul and Alicia, Thank you for updating the Affordable Housing Ordinance to include many helpful changes that will improve housing production for years to come. The reduction of the inclusionary requirement, with the opportunity to pay an in lieu fee for fractions, and the Secondary Requirement especially for approved un-built projects is particularly helpful and will have an immediate impact. 350 Merrydale/3833 Redwood Highway is a 45-unit townhome and stacked flat project approved by the City Council in February 2020 by Resolution No. 14762 and 14763, and Ordinance No. 1979, that has yet to start construction and is therefore a qualifying project. The former 20% affordable housing inclusionary requirement from Condition of Approval No. 38 has been a substantial impediment to the development of the project that turned away many potential builders. By reducing the Below Market Rate (BMR) requirement to a feasible level this project can move forward in 2021. While Covid - 19 produced much uncertainty, the challenges facing builders are much more deep rooted. BMR Requirement: The 20% BMR requirement is the single biggest impediment to housing production. Even in high price locations like Marin County, each BMR unit is sold at a loss. Those losses must be absorbed by the remaining market rate units. The fewer the market rate units, the less opportunity the builder has to recover those losses and the greater the risk of not recovering them. 350 Merrydale with just 36 market rate units is a relatively small project by Bay Area standards for builders to assume that risk, especially right now given rising construction prices and uncertainty of demand given Covid. Typically builders prefer larger projects with lower BMR requirements and are able to find them elsewhere in the Bay Area. PS OBO xX 5-645 Larkspur, Catifto rada. 9 49-77-0564 pe ARTES) 9: 24 SA STAN C2 DAES DEO e EY. C:0:m Substantially Increased Project Costs: The project was initiated in 2017 when circumstances were vastly different. Labor and materials costs have increased significantly in the past four years. Among other things, for example, lumber prices alone have reportedly increased by 180% in the last year! Lost Revenue. The project lost anticipated revenue due to the elimination of roof decks to address neighborhood concerns. Prior to the first reading of Ordinance No. 1990, we approached multiple qualified builders, all to no avail. Each cited the BMR inclusionary requirement as being the biggest challenge. Since that time we have found a well-qualified builder ready to proceed with the project, subject to the project BMR requirement being modified consistent with Ordinance No. 1990 to reduce the number of inclusionary units and pay an in lieu fee on the fractional requirements and the Secondary requirement. They would also require the option to change some 2-bedroom units (Plan 1 and some Plan 2) to 3-bedrooms to make the homes more appealing to families. This change would not change the exterior appearance of the units or the location of the units. Nor would it affect required parking. The project approvals contemplated some Plan 2’s, but not all Plan 2’s being 3-bedroom units anyway. The attached Exhibit A details our proposal to fully meet the requirements of the new City Ordinance, which would result in the provision of 4.5 units, 2 low income BMR units provided on site and payment to the City of an $863,923 in lieu fee for an additional 2.5 units. Exhibit B provides suggested language that would modify Condition of Approval No. 38. Also attached is an update Sheet SP-2 showing the location of the selected Low Income units, and MHA’s calculation of Low Income price using 2020 AMI’s. Please consider this letter as an application to modify the affordable housing inclusionary requirements for 350 Merrydale in accordance with Ordinance No. 1990, | trust this is a complete application but please advise me of any other submittal requirements. Thank you. Yours Sincerely, ae Se Michael R. Hooper Campus Properties, LLC c.c. David Jacobson Robert Upton Campus/Merrydale/Jensen Giudice 4_1_21 Exhibit A 350 Merrydale was approved as 45 for-sale residential units including 9 units affordable to Low and Moderate-income persons. The new Ordinance provides that with the approval of the City Council the affordable housing requirement may be reduced to the combination of a Primary Requirement and a Secondary Requirement as follows: Primary Requirement: Provide 5% of base density as Low Income units, with the payment of an In Lieu fee on any fractional requirement, resulting in: 5% of 45 = 2.25, therefore provide 2 Low Income units and pay an In Lieu fee on 0.25 units at the current rate of $343,969 = $89,992.25 Secondary Requirement (Option 2): Payment of an In Lieu Fee on a further 5% of base density resulting in: 5% of 45 = 2.25 at the current rate of $343.969 = $773,930.25 350 Merrydale would therefore provide 2 Low Income units and pay a total In Lieu fee of $863,922.50. Campus/Merrydale/Jensen Giudice 4_1_21 Exhibit B 38) The project shall be subject to the affordable housing requirements prescribed in revised Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide two (2) of the 45 for-sale units as affordable to low-income households and in-lieu fee of $863,922.50, Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the two (2) affordable unit shall be approved by the City Council and recorded on the property and payment of an in-lieu fee of $863,922.50 shall be made. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Should the project not record a final map, the BMR agreement will be modified to a rental agreement and comply with the affordable housing requirements for rental, which would be two (2) at low-income level. Campus/Merrydale/Jensen Giudice 4_1_21 CITY OF SAN RAFAEL NOTICE OF ONLINE PUBLIC HEARING You are invited to attend an online City Council hearing on the following project: DATE/TIME/PLACE: Monday July 19, 2021 at 7:00 P.M. COVID-19 ADVISORY NOTICE: Consistent with Executive Orders No.-25-20 and No. N-29-20 from the Executive Department of the State of California and the Marin County March 16, 2020 Shelter in Place Order, the San Rafael City Council hearing WILL NOT be physically open to the public and the meeting will be streamed liv e to YouTube at: www.youtube.com/cityofsanrafael. Instructions on how to participate online, will be available on the YouTube channel. PROJECT: 350 Merrydale/3833 Redwood Hwy. – Request for modifications to Tentative Map (TM18-006) conditions of approval to allow payment of in-lieu fees as a method of meeting the secondary affordable housing requirement in compliance with City Council Resolution 14890; APN: 179-041-27 and 179-041-28; PD1979 Planned Development District; CLAYTON FRANCINE M /TR/,RIDGEWOOD PROPERTIES owner; Michael Hooper, applicant; File Nos.: TM21-003. This project qualifies for exemption from the provisions of the California Environmental Quality Act Guidelines pursuant to Sections 15183(a) because it entails a project that can be found consistent with the General Plan policies and pursuant to 15061(b)(3), which states that as a ‘general rule’ the California Environmental Quality Act (CEQA) applies only to projects which have the potential to cause a significant, physical environmental effects WHAT WILL HAPPEN: You can comment on the project. City Staff will present the requested modifications to the project approval to the City Council. The City Council will hold a public hearing and may take action to approve, deny, or continue a decision on the requested modifications. IF YOU CANNOT ATTEND: You can send written correspondence by email to city.clerk@cityofsanrafael.org, or by mail/hand delivery to the Office of the City Clerk, City of San Rafael, 1400 5th Ave., San Rafael, CA 94901. FOR MORE INFORMATION: Contact Ali Giudice at alicia.giudice@cityofsanrafael.org. You may also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings. SAN RAFAEL CITY COUNCIL /s/ Lindsay Lara Lindsay Lara CITY CLERK (Please publish in the Marin Independent Journal on Friday, July 2, 2021 ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 7.c Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Alicia Giudice, Community Development Director Don C. Jeppson, Chief Building Official City Manager Approval: ______________ TOPIC: REQUEST TO WAIVE THE BUILDING PERMIT FEES SUBJECT: RESOLUTION DENYING THE REQUEST FOR WAIVER OF BUILDING PERMIT FEES FOR THE VIVALON HEALTHY AGING AFFORDABLE HOUSING PROJECT AT 999 THIRD STREET (PREVIOUSLY WHISTLESTOP) (APN: 011-265-01) RECOMMENDATION: Adopt resolution to deny the request for waiver of building permit fees. BACKGROUND: In January 2020, the City Council adopted Resolution No. 14760, which established guidelines for the administration of the Affordable Housing Trust Fund (AHTF), with the intent of maximizing opportunity for development of affordable housing projects. The guidelines provide an opportunity to receive AHTF funding through a competitive process that begins with a Notice of Funding Availability (NOFA) or through a rolling application process. On March 23, 2020, the City Council approved a General Plan Amendment (GPA18-001), Zoning Text amendment (ZO18-003), and Use Permit (UP18-034) allowing development of a Research and Development building for BioMarin, and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building for Whistlestop/EDEN Housing on a 133,099 sq. ft. parcel. On June 5, 2020, the City issued a Notice of Funding Availability (NOFA) for $1.6 Million of initial funding to spur the creation of affordable family rental housing. The City received four (4) applications totaling $3.25 million in funding requests, one of which was from Eden Housing requesting $1.0 Million to help fund the senior housing project at 999 Third Street. On October 5, 2020, the City Council approved funding for Eden Housing for the Whistlestop/Vivalon affordable housing project at 999 Third Street, in the form of a residual receipts loan of $800,000. At the same time, the City Council approved a $750,000 grant for Homeward Bound for a supportive housing project at 190 Mill Street. On January 19, 2021, Eden Housing submitted an application for building permits to the City of San Rafael Community Development Department. The City began the plan review process and retained InterWest to provide plan review. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On May 3, 2021, Eden Housing submitted a letter to the San Rafael City Clerk requesting a waiver for building permit fees associated with the above referenced application for the Vivalon Healthy Aging Affordable Housing Project at 999 Third Street. Eden cited the following as reasons for the requested fee waiver: 1. Prices in the lumber supply chain have significantly increased, by 230% over the last 12 months. 2. Commercial insurance estimates from insurance providers have more than doubled within the last year, amounting to an additional $500,000 in cost. 3. Long-term lending rates are increasing and will have increased by more than 0.04% by the time construction begins. The estimated building permit fees to provide plan review and building inspections, as required by the California Building Codes, total $214,963, including third party plan review. As mentioned above the City is currently under contract for these services with InterWest, a professional codes service contractor. ANALYSIS: The applicant has submitted a request for a waiver of building permit fees pursuant to City Council Resolution No. 11025. The applicant has estimated total project costs (valuation) to be $28.3 Million, and $2.5 Million gap in their project funding. However, the $2.5 Million gap includes building permit fees that were expected to be between $1,132,000 and $1,415,000. The requested fee waiver is for the full amount. However, as shown in Table 1 below, total building permit-related fees will be approximately $561,844. Only $214,963 (shown in bold) are eligible to be waived under City Council Resolution No. 11025. TABLE 1 Building Permit Related Fees Fee Type Fee Building Permit Plan Review Fire Plan Check Fee S.M.I.P. CA Green Building Fund MEP Fees Plan Retention Development Impact Fee (Res) Development Impact Fee (Com) General Plan Maintenance Fee Long Range Planning Fee Street Maintenance $122,836 $92,127 TBD $7, 924 $1,132 $375* TBD $8,543 $2,400 $11,792 $31,814 $282,900 Total Fees $561,844.28 *Does not include itemized fees California Building Codes require that, as part of the building permit process, project plans are reviewed for substantial compliance with the building codes and once a building permit is issued, inspections are conducted to ensure the work is in conformance with the codes and the approved plans. Building permit SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 fees are typically borne by the applicant and are intended to recover 100% cost of plan review and inspections. The applicant paid an initial plan review fee of $92,127. The plan review work has already been contracted to InterWest. However, the applicant is requesting a fee waiver of both plan review fee and the building permit fee. Fee waivers are intended to off-set development cost and create a path for development of affordable housing projects. The City has previously approved $800,000 in funding for this affordable housing project to also off-set the cost of development. One of the criteria for receiving the f unds is stated in the application forms “Successful applicants will be responsible for all entitlements, construction and long- term management of the housing.” Fee waivers such as the one proposed by Eden have not been requested or granted by the City. The few exceptions include the following: • In 2020, Homeward Bound was approved for a fee waiver of $30,473.00. However, this project was associated with a state grant (SB2) that earmarked funding for planning projects that paved the way for affordable housing. This project was identified as a pilot project to receive a portion of the grant. • In 2014, the City approved a significant reduction in traffic impact fees of $254,500 for the San Rafael Corporate Center. The fee waiver was approved due to an unusually inflated valuation resulting from the unique plumbing and mechanical units needed for the BioMarin laboratory facilities. The reduction in impact fee resulted in an fee that was proportionate to the impact fee associated with a similarly sized building. Fees waived for this project would be allocated from the AHTF. The intent of allocations from this fund is to maximize the opportunity for development of affordable housing projects. In 2020, the City received four (4) applications in response to a NOFA. Eden Housing/Vivalon was one of only two applicants who were awarded funding. While there may be an opportunity for additional allocation of funding through this fund, the City would want to release a NOFA and provide other applicants an opportunity to be considered for funding. For this reason, staff is recommending denial of the request for fee waiver. FISCAL IMPACT: Staff is recommending denial of the requested fee waiver and there is no fiscal impact associated with this action. However, if the fee waiver is approved, the total amount of the fee waiver ($214,963) would need to be funded by the AHTF. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as proposed by staff denying the request for waiver of building permit fees. 2. Adopt the resolution with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Adopt the resolution to deny the request for waiver of building permit fees. ATTACHMENTS: 1. Resolution 2. Eden Housing Correspondence 3. Public Hearing Notice 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL DENYING THE REQUEST FOR WAIVER OF BUILDING PERMIT FEES FOR THE VIVALON HEALTHY AGING AFFORDABLE HOUSING PROJECT AT 999 THIRD STREET (PREVIOUSLY WHISTLESTOP) (APN: 011-265-01) WHEREAS, Vivalon, formerly known as Whistlestop, has provided a full range of services and activities for seniors at the former Southern Pacific depot in downtown San Rafael for the past 44 years; and WHEREAS, on March 23, 2020, the City Council approved a General Plan Amendment (GPA18-001), Zoning Text amendment (ZO18-003), and Use Permit (UP18-034) allowing development of a Research and Development building for BioMarin, and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building for Whistlestop/Vivalon/EDEN Housing on a 133,099 sq. ft. parcel; and WHEREAS, on October 5, 2020, the City Council approved funding for Eden Housing for the Whistlestop/Vivalon affordable housing project at 999 Third Street, in the form of a residual receipts loan of $800,000 with the understanding that applicant would be responsible for all entitlements, construction and long-term management of the housing; and WHEREAS, on January 19, 2021, Eden Housing submitted an application for building permits to the City of San Rafael Community Development Department; and WHEREAS, the estimated building permit fees to provide plan review and building inspections, as required by the California Building Codes, are $214,963, and includes third party plan review currently under contract with InterWest, a professional codes service contractor; and WHEREAS, the costs of conducting plan reviews, and inspections are offset by building permit fees; and WHEREAS, the City recognizes the important role building codes, plan reviews and inspections have in protecting the public every day and in times of disaster, by guiding the safe construction of built environment through the California Building Codes, which include safeguards from natural disasters such as wildland fires, f loods, and earthquakes; and WHEREAS, City Council Resolution No. 11025 established a policy for evaluating requests for fee waivers for certain projects, including affordable housing projects; and WHEREAS, on May 3, 2021, Eden Housing submitted a letter to the San Rafael City Clerk requesting a waiver for building permit fees associated with the above- referenced application for the Vivalon Healthy Aging Affordable Housing Project at 999 Third Street; and 2 WHEREAS, the funding awarded to Eden Housing on October 2020 was intended for development of an affordable housing project; and WHEREAS, the requested fee waiver would need to be off-set by monies allocated for that purpose such as the Affordable Housing Trust Fund. While the City intends on releasing additional Notices of Funding Availability to support additional funding for affordable housing projects, a NOFA has not been released in 2021; and WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing on the proposed project, accepting and considering all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the City Council finds that waiver of the building permit fees in this case is inappropriate because the applicant was previously awarded funding from the affordable housing trust fund with an understanding that they would be responsible for entitlements, construction and long-term management of the project; and WHEREAS, the City Council further finds that the building permit fee estimate is significantly lower than what the applicant was expecting to pay, therefore the applicant’s funding gap appears to be smaller than suggested in the request for the fee waiver; NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council does hereby deny the request for waiving the building permit fees associated with the Vivalon Health Aging Affordable Housing Project at 999 Third Street. 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 the 19th day of July 2021, by the following vote to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________ LINDSAY LARA, City Clerk 22645 Grand Street | Hayward, CA 94541 | Tel: 510-582-1460 | edenhousing.org Broker License No. 872400 Lindsay Lara, City Clerk City of San Rafael 1400 Fifth Ave, Rm. 209 San Rafael, CA 94901 May 3rd, 2021 Subj: Vivalon Health Aging Affordable Housing Project Consideration of Fee Waiver Requests for Planning and Building Permits Dear Ms. Clark, I am writing on behalf of San Rafael Senior, L.P, an affiliate entity of Eden Housing, involved with the development and eventual construction of the 67-unit Vivalon Healthy Aging Campus that will be located at 999 3rd Street in downtown San Rafael. It will be a mixed-use new construction development that includes a health facility and senior center on the bottom two floors that will be owned and managed by Vivalon (formerly known as Whistlestop) and four floors of affordable senior housing above that will be owned by San Rafael Senior, L.P. and managed by Eden Housing. In regards to the City Council’s resolution No. 11025 (see attached) concerning consideration of a fee waiver request for planning and building permits, Eden Housing would like to request a waiver of the building permit fee. The Vivalon Healthy Aging Campus meets the following criteria for this building permit fee waiver request: 1. 100% of the project’s 67 units are restricted to 25-50% AMI for at least 55 years, ensuring long- term affordability. 2. Vivalon, our non-profit partner, is a senior targeted community organization that provides services to lower income residents of San Rafael. The building permit is valuated as 4-5% of the entire valuation for the development. That would be 4-5% of $28,300,000, therefore our building permit fee would approximately be between $1,132,000 and $1,415,000. The reasons we are requesting a waiver of the building permit fee are the following: 1. Prices in the lumber supply chain have soared over the last 12 months to a staggering increase of 230%. There is no ceiling in sight and we foresee a need to absorb subsequent increases in the approximate amount of $1M.1 2. Commercial insurance estimates from insurance providers have more than doubled within the last year amounting to an additional $500,000 in cost with additional increases around 15% on the horizon for a wildfire ravaged California.2 3. Long-term lending rates are increasing and will have increased by more than 40 bps (.04%) by the time we begin construction. This will directly impact the amount of mortgage proceeds the property can raise for financing the project.. We would like to thank the City of San Rafael for their already generous loan of $800,000 from their Housing Trust. These funds from the City’s Housing Trust, coupled with a building permit fee waiver will help offset these anticipated cost increases and will ensure financial viability for this project. If we can 1 Lumber prices have soared 230% in the last year, pushing timber and homebuilding ETFs to record highs | Markets Insider (businessinsider.com) 2 Commercial insurance rates set to continue rising in 2021 | Business Insurance close the gap on our financing for the project, we will be able to begin construction in 2022. We are also currently in our second round of plan check comments and expect permits to be ready by the end of the summer. If you have any questions or require any more information please contact the project developer, Tamar Saunders, at tamar.saunders@edenhousing.org or cell phone (510) 861-6129. Sincerely, Andrea Osgood Vice President of Real Estate Development Eden Housing RESOLUTION NO. 11025 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESCINDING RESOLUTION NO. 10789 AND ESTABLISHING A POLICY FOR CONSIDERATION OF FEE WAIVER REQUESTS FOR PLANNING AND BUILDING PERMITS. WHEREAS, on March 5, 2001 the San Rafael City Council adopted Resolution 10789 establishing criteria for consideration of Planning and Building permit fee waiver requests; and WHEREAS, since that time waiver requests in the amount of $17,860 have been granted by the City Council; and WHEREAS, the City’s permit revenues during calendar year 2001 have decreased approximately 20% from the previous year and from budget projections; and WHEREAS, the City’s General Plan contains policies encouraging fee waivers as an incentive for creation of affordable housing and establishment of day care facilities; NOW, THEREFORE BE IT RESOLVED that the City Council of San Rafael rescinds Resolution No. 10789; and FURTHER, BE IT RESOLVED that the City Council of San Rafael establishes its revised policy for the consideration of fee waiver requests as follows: 1. The City will consider requests for waiver of applicable fees for Planning and Building permits only, not including mitigation fees such as traffic impact and parkland dedication in-lieu fees. 2. The City will consider waiver of such fees for: a) Child care facilities where it can be demonstrated that the waiver contributes to making such services more affordable to the general public, b) Affordable housing units included in the City’s Below Market Rate (BMR) housing program or where units are similarly restricted for long term affordability, based on the proportion of BMR to market-rate units within the application, or c) Governmental agencies, non-profit or other community organizations which provide services which principally benefit lower income residents of San Rafael, up to a maximum waiver of $2,000 per request. Demonstration of service to lower income residents shall be indicated by dedication of at least one half of the agency’s operating budget for direct services or contributions to individuals or households earning less than 50% of County median income levels. d) Consideration of fee waivers shall also be based upon the impact of such waivers on the General Fund. e) Requests for waivers shall be made to the Director of Community Development and processed by assigned staff, consistent with the criteria listed above. Requests for fee waivers for affordable housing and day care facilities in excess of $2,000 per request shall be forwarded to the City Council for consideration. Requests which are denied by staff may be appealed to the City Council for consideration, at no fee. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the eighteenth day of March, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: | COUNCILMEMBERS: None JE M. LEONCINY, City Clerk _ Se CITY OF SAN RAFAEL NOTICE OF ONLINE PUBLIC HEARING You are invited to attend an online City Council hearing on the following project: DATE/TIME/PLACE: Monday July 19, 2021 at 7:00 P.M. COVID-19 ADVISORY NOTICE: Consistent with Executive Orders No.-25-20 and No. N-29-20 from the Executive Department of the State of California and the Marin County March 16, 2020 Shelter in Place Order, the San Rafael City Council hearing WILL NOT be physically open to the public and the meeting will be streamed liv e to YouTube at: www.youtube.com/cityofsanrafael. Instructions on how to participate online, will be available on the YouTube channel. PROJECT: 999 Third Street – Request for waiver of building permit fees pursuant to City Council Resolution 11025. APN: 011-265-01 Biomarin Pharmaceutical, owner; EDEN Housing, applicant; File Nos.: P21-010. This project qualifies for exemption from the provisions of the California Environmental Quality Act Guidelines pursuant to 15061(b)(3), which states that as a ‘general rule’ the California Environmental Quality Act (CEQA) applies only to projects which have the potential to cause a significant, physical environmental effects WHAT WILL HAPPEN: You can comment on the project. City Staff will present the requested modifications to the project approval to the City Council. The City Council will hold a public hearing and may take action to approve, deny, or continue a decision on the requested modifications. IF YOU CANNOT ATTEND: You can send written correspondence by email to city.clerk@cityofsanrafael.org, or by mail/hand delivery to the Office of the City Clerk, City of San Rafael, 1400 5th Ave., San Rafael, CA 94901. FOR MORE INFORMATION: Contact Don Jeppson at Don.Jeppson@cityofsanrafael.org. You may also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings. SAN RAFAEL CITY COUNCIL /s/ Lindsay Lara Lindsay Lara CITY CLERK (Please publish in the Marin Independent Journal on Friday, July 9, 2021 ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.a Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: APPROVAL OF THE NEW MEMORANDUM OF UNDERSTANDING WITH AFSCME / LOCAL 1 & FURLOUGH REIMBURSEMENT SIDE LETTER SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR AFSCME / LOCAL 1 (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER RECOMMENDATION: Adopt Resolution. BACKGROUND: AFSCME / Local 1 represents 8 full-time equivalent (FTE) positions in departments across the City. The most recent Memorandum of Understanding (“MOU”) for AFSCME / Local 1 expired on June 30, 2020 and was extended by side letter through June 30, 2021. Over the past several months, representatives of the City and AFSCME / Local 1 have met in good faith and worked diligently to negotiate the terms of a successor MOU. The City and AFSCME / Local 1 reached a tentative agreement on June 24, 2021 for a three-year successor MOU, and AFSCME / Local 1 membership subsequently ratified the tentative agreement. ANALYSIS: The following are the highlights that reflect the terms and significant economic items included in the agreement between the City and AFSCME / Local 1. In addition to the economic items, some operational items were also addressed in the final agreement, all of which can be found in the attached successor MOU. 1. Term of the Agreement: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual classification salary increase percentages may be lower or higher than the percentages listed below, based on the amount of labor market adjustment agreed to for each position in the bargaining unit. The salary schedule included in the attached successor MOU authorizes the proposed new salary for each position. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 a. Year 1: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2021 b. Year 2: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2022 c. Year 3: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2023 3. Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension, which was implemented for FY 20-21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid- Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage will apply to all Local 1 positions and is reflected in the attached revised salary schedules, effective on July 1, 2021. 4. One-Time Payment: Employees represented by the bargaining group will receive a one-time, non- pensionable payment in the amount of $2,250 in exchange for the elimination of Revenue Sharing. This payment will not contribute to Classic or PEPRA employees’ pensions and is subject to normal payroll taxation. 5. Eliminate Revenue Sharing: The revenue sharing provision to be eliminated provides a formula upon which a percentage of excess general tax revenues must be shared with members where specific criteria are met to increase the salary of AFSCME / Local 1 job classes. 6. Bilingual Pay: In line with the City’s goal to improve recruitment and retention efforts and promote a diverse workforce, bilingual pay is increased from $150 per month to $200 per month. 7. New Positions: During successor MOU negotiations, the City proposed a reorganization of the Finance Department and Human Resources Department. Certain AFSCME / Local 1 classifications were proposed to be deleted and added through the reorganization. The Parties satisfied their obligations to meet and confer over the impacts of the City’s planned reorganization in good faith and in accordance with the Meyers-Millias-Brown Act (“MMBA”) and agreed to the reorganization implementation steps via a side letter agreement. The new position classification/job descriptions and salary ranges are included in the attachments to the proposed MOU. 8. Non-Economic Items: In addition to items discussed above, agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all the changes agreed to by the parties. A brief overview of these negotiated MOU sections includes: • Retiree Health Insurance (Section 4.2.2): Incorporate side letter language regarding Retiree Health Savings (RHS). For the annual July 1 conversion of sick leave to fund an employee’s retiree health care trust, the remaining sick leave balance requirement is 125 hours. • Sick Leave (Section 5.1.3): Update familial relationships under definition of “immediate family” to be more in line with definition under California Paid Family Leave. Furlough Repayment Side Letter In addition to the attached successor MOU, a side letter is attached that outlines the terms mutually agreed upon by the City and Local 1 regarding the repayment of the furlough which was implemented in fiscal year 20-21. In response to the global COVID-19 pandemic that began in the spring of 2020, the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 City of San Rafael declared a local state of emergency. In anticipation of dire financial circumstances, the City exercised its management rights under MOU section 7.6 and implemented a Citywide furlough for all non-safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid the need to implement reductions in force in the future. Year-end review of the FY 20/21 budget shows that the City’s projected revenue losses anticipated due to the pandemic fortunately did not materialize as expected and the City is projecting a financial surplus for fiscal year 20-21. As a result, the City is in a financial position at this time to issue repayments to employees who were furloughed over the last year. The circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20-21 is non-precedential. The City will issue a one-time re-payment equal to the actual furlough reduction amount taken by each employee in the bargaining group for FY 20/21. The City already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20-21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and the repayment amount is subject to normal payroll taxation. The individual furlough repayment amounts range from approximately $2,000 - $2,700, depending upon the individual position. The total amount of the furlough repayment for the bargaining group is $14,250. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 8 employees of AFSCME / Local 1 is $1,212,476. The additional ongoing incremental cost of the successor MOU beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $44,284 $21,162 $21,821 Other costs: Pension* $21,165 $10,427 $10,752 Taxes (Medicare, W/C) $ 2,579 $ 1,244 $ 1,283 Total Incremental Cost: $68,028 $32,833 $33,855 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. While the incremental cost is $68,028 for fiscal year 2021-2022, $32,833 for fiscal year 2022-2023, and $33,855 for fiscal year 2023-24, the increases are compounding and therefore the projected wages and other costs total $303,605 plus $18,000 in one-time payment, totaling $321,605, plus $14,250 in one- time costs for the furlough repayment, totaling $335,855 for the three-year term. The incremental cost for fiscal year 21-22 includes the prior year (fiscal year 20-21) contract extension restoration of a 3% base wage increase. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the resolution to approve the Memorandum of Understanding between the City of San Rafael and AFSCME / Local 1 pertaining to compensation and working conditions (July 1, 2021 through June 30, 2024) and the Furlough Reimbursement Side Letter. ATTACHMENTS: 1. Resolution with attached MOU between City of San Rafael and AFSCME / Local 1 for July 1, 2021 to June 30, 2024 (and all attachments). 2. Furlough Reimbursement Side Letter. RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND AFSCME/PEU LOCAL 1 (LOCAL 1) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER WHEREAS, the AFSCME/PEU Local 1 (Local 1) labor agreement with the City expired on June 30, 2021, after a one-year extension; and WHEREAS, the City of San Rafael and representatives of Local 1 have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from July 1, 2021 through June 30, 2024 has been ratified by Local 1 members; and WHEREAS, a side letter has been mutually agreed upon by the City and Local 1 regarding the repayment of the furlough which was implemented in fiscal year 20-21; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one -time reimbursement for FY 20-21 is non-precedential; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and AFSCME/PEU Local 1 (Local 1) shall utilize the MOU for the period beginning July 1, 2021, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by Local 1. Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full. Section 3: One-time repayment of the furlough shall be made per the agreed upon Furlough Reimbursement Side Letter. 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 19th of July 2021, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _____________________________ Lindsay Lara, City Clerk MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and AFSCME / Local 1 JULY 1, 2021 - JUNE 30, 2024 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and AFSCME / Local 1 JULY 1, 2021 - JUNE 30, 2024 This page intentionally left blank Local 1 MOU 2021 - 2024 2 This page intentionally left blank Local 1 MOU 2021 - 2024 i TABLE OF CONTENTS 1 GENERAL PROVISIONS ...................................................................................................................... 1 1.1 INTRODUCTION ........................................................................................................................................... 1 1.1.1 Scope of Agreement ................................................................................................................................ 1 1.1.2 Term of MOU ............................................................................................................................................ 1 1.2 RECOGNITION ............................................................................................................................................. 1 1.2.1 Bargaining Unit ......................................................................................................................................... 1 1.2.2 Notice to Employees................................................................................................................................ 1 1.3 NON-DISCRIMINATION ................................................................................................................................ 2 1.3.1 In General ................................................................................................................................................. 2 1.3.2 Bargaining Unit Discrimination ............................................................................................................... 2 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ............................................................................... 2 1.5 EXISTING LAWS, REGULATIONS & POLICIES ............................................................................................ 2 1.6 STRIKES & LOCKOUTS ............................................................................................................................... 2 1.7 SEVERABILITY ............................................................................................................................................ 2 1.8 PREVAILING RIGHTS................................................................................................................................... 2 1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ..................................................................................... 3 1.9.1 Understanding .......................................................................................................................................... 3 1.9.2 Waiver & Modification.............................................................................................................................. 3 2 MMBA ........................................................................................................................................................... 3 2.1 BARGAINING UNIT RIGHTS ......................................................................................................................... 3 2.1.1 Bargaining Unit Stewards Designation ................................................................................................. 3 2.1.2 Bulletin Boards ......................................................................................................................................... 3 2.1.3 Union Orientation of New Employees ................................................................................................... 3 2.1.4 Employee Information ............................................................................................................................. 4 2.2 DUES DEDUCTION ...................................................................................................................................... 4 2.2.1 Collection of Dues .................................................................................................................................... 4 2.2.2 Dues Collection during Separation from Employment ....................................................................... 4 2.2.3 Indemnification ......................................................................................................................................... 4 2.3 M ANAGEMENT RIGHTS ............................................................................................................................... 4 3 COMPENSATION..................................................................................................................................... 5 3.1 GENERAL WAGES AND COMPENSATION ................................................................................................... 5 3.1.1 Pay Dates .................................................................................................................................................. 5 3.1.2 General Wage Increase .......................................................................................................................... 5 3.1.3 One-Time Payment ................................................................................................................................. 6 3.1.4 Definitions ................................................................................................................................................. 7 3.1.5 Compensation Plan ................................................................................................................................. 7 3.2 STEP INCREASES ....................................................................................................................................... 7 3.2.1 Entry Level Step ....................................................................................................................................... 7 3.2.2 Consideration for Step Increases .......................................................................................................... 7 3.2.3 Merit Increases ......................................................................................................................................... 7 3.2.4 Anniversary Date ..................................................................................................................................... 8 3.2.5 Promotions ................................................................................................................................................ 8 3.2.6 Performance Evaluations ........................................................................................................................ 8 3.3 SALARY CHANGE ON RECLASSIFICATION ................................................................................................. 8 3.3.1 To a Lower Classification ........................................................................................................................ 8 3.3.2 To a Different Classification with the Same Salary Range ................................................................ 8 3.3.3 To a Higher Classification ....................................................................................................................... 8 3.4 OUT OF CLASS COMPENSATION ................................................................................................................ 9 3.5 ADDITIONAL PAY ........................................................................................................................................ 9 3.5.1 Confidential Pay ....................................................................................................................................... 9 3.5.2 Educational Pay ....................................................................................................................................... 9 Local 1 MOU 2021 - 2024 ii 3.5.3 Bilingual Pay ............................................................................................................................................. 9 3.5.4 Uniform Allowance ................................................................................................................................... 9 4 BENEFITS ................................................................................................................................................. 10 4.1 EMPLOYEE BENEFITS COMMITTEE .......................................................................................................... 10 4.2 HEALTH & WELFARE ............................................................................................................................... 10 4.2.1 Full Flex Cafeteria Plan ......................................................................................................................... 10 4.2.2 Retirees Health Insurance .................................................................................................................... 11 4.2.3 Pro Rata Benefit Rules.......................................................................................................................... 11 4.2.4 Health and Dependent Care Spending Accounts ............................................................................. 12 4.2.5 Health Insurance Providers .................................................................................................................. 12 4.3 DENTAL PLAN .......................................................................................................................................... 12 4.4 VISION PLAN ............................................................................................................................................. 12 4.5 RETIREMENT CONTRIBUTION ................................................................................................................... 13 4.5.1 Member Contribution ............................................................................................................................. 13 4.5.2 Retirement Plans ................................................................................................................................... 13 4.5.3 Member Cost of Living Rates ............................................................................................................... 13 4.5.4 Pension Committee ............................................................................................................................... 13 4.6 STATE DISABILITY INSURANCE (SDI) AND PAID FAMILY LEAVE (PFL) ................................................. 13 4.7 DEFERRED COMPENSATION .................................................................................................................... 14 4.8 GYM REIMBURSEMENT ............................................................................................................................. 14 4.9 BENEFIT REOPENER ................................................................................................................................ 14 5 LEAVES ..................................................................................................................................................... 14 5.1 SICK LEAVE .............................................................................................................................................. 14 5.1.1 Eligibility .................................................................................................................................................. 14 5.1.2 Sick Leave Accrual ................................................................................................................................ 14 5.1.3 Use of Sick Leave .................................................................................................................................. 14 5.1.4 Advance of Sick Leave.......................................................................................................................... 15 5.1.5 Service Credit for Sick Leave ............................................................................................................... 15 5.1.6 Compensation for Unused Portion ...................................................................................................... 15 5.2 VACATION LEAVE ..................................................................................................................................... 15 5.2.1 Eligibility .................................................................................................................................................. 15 5.2.2 Rate of Accrual ....................................................................................................................................... 15 5.2.3 Administration of Vacation Leave ........................................................................................................ 16 5.2.4 Vacation Cash-In ................................................................................................................................... 16 5.3 HOLIDAYS ................................................................................................................................................. 16 5.4 OTHER LEAVE .......................................................................................................................................... 17 5.4.1 Bereavement Leave .............................................................................................................................. 17 5.4.2 Jury Duty ................................................................................................................................................. 17 5.4.3 Military Leave ......................................................................................................................................... 17 5.4.4 Leave of Absence Without Pay ............................................................................................................ 17 5.4.5 Industrial Injury Leave ........................................................................................................................... 17 5.4.6 Family Medical Leave............................................................................................................................ 18 5.4.7 Catastrophic Leave ................................................................................................................................ 18 5.4.8 Administrative Leave ............................................................................................................................. 18 6 TERMS & CONDITIONS OF EMPLOYMENT ............................................................................. 19 6.1 HOURS OF WORK ..................................................................................................................................... 19 6.2 OVERTIME ................................................................................................................................................. 19 6.3 COMPENSATORY TIME POLICY ................................................................................................................ 19 6.3.1 Accrual Limit ........................................................................................................................................... 19 6.3.2 Overtime Rate ........................................................................................................................................ 19 6.4 PROBATIONARY PERIOD .......................................................................................................................... 19 6.4.1 Purpose of Probation ............................................................................................................................. 19 6.4.2 Length of Probationary Period ............................................................................................................. 19 6.4.3 Rejection During Probation .................................................................................................................. 19 6.4.4 Notification of Rejection ........................................................................................................................ 20 Local 1 MOU 2021 - 2024 iii 6.4.5 Extension of Probationary Period ........................................................................................................ 20 6.4.6 Regular Status ........................................................................................................................................ 20 6.4.7 Promotion of Probationary Employee ................................................................................................. 20 6.4.8 Unsuccessful Passage of Promotional Probation ............................................................................. 20 6.4.9 Lateral Transfer Probation .................................................................................................................... 20 6.5 TRANSFERS / REASSIGNMENTS ............................................................................................................... 20 6.5.1 Types of Transfers ................................................................................................................................. 20 6.5.2 Minimum Qualifications & Probation ................................................................................................... 21 6.5.3 Transfer Procedures .............................................................................................................................. 21 6.6 PERSONNEL RULES & REGULATIONS ..................................................................................................... 21 6.6.1 Confidential Nature of Personnel Records ......................................................................................... 21 6.6.2 Confidential Nature of Medical Records ............................................................................................. 21 6.6.3 Outside Employment Policy ................................................................................................................. 21 6.6.4 Use of City Vehicle ................................................................................................................................ 22 6.6.5 Safety Policy ........................................................................................................................................... 22 6.7 MISCELLANEOUS ...................................................................................................................................... 22 6.7.1 Hazardous Materials.............................................................................................................................. 22 6.7.2 Gratuities / Solicitation of Contributions .............................................................................................. 22 6.7.3 Return of City Equipment ...................................................................................................................... 22 6.7.4 Political Activity ....................................................................................................................................... 22 6.7.5 Employment of Relatives ...................................................................................................................... 22 6.7.6 Labor / Management Meetings ............................................................................................................ 22 6.7.7 Contract Orientation Work Sessions ................................................................................................... 23 6.7.8 Harassment Policy ................................................................................................................................. 23 6.7.9 Work Place Conduct .............................................................................................................................. 23 7 PROCEDURES ........................................................................................................................................ 23 7.1 DEMOTION & SUSPENSION ...................................................................................................................... 23 7.1.1 Demotion ................................................................................................................................................. 23 7.1.2 Suspension ............................................................................................................................................. 23 7.2 TERMINATION OF EMPLOYMENT .............................................................................................................. 23 7.2.1 Resignation ............................................................................................................................................. 23 7.2.2 Termination - Layoff (Lack of work or funds) ..................................................................................... 24 7.2.3 Termination - Disciplinary Action ......................................................................................................... 24 7.2.4 Retirement .............................................................................................................................................. 24 7.2.5 Rejection During Probation .................................................................................................................. 24 7.3 DISCIPLINARY ACTION ............................................................................................................................. 24 7.3.1 Notification of Weingarten Rights ........................................................................................................ 24 7.3.2 Right to Discipline & Discharge ........................................................................................................... 24 7.3.3 Preliminary Notice .................................................................................................................................. 25 7.3.4 Disciplinary Action and Appeal ............................................................................................................ 25 7.4 GRIEVANCE PROCEDURE ......................................................................................................................... 25 7.4.1 Definition ................................................................................................................................................. 25 7.4.2 Procedure ................................................................................................................................................ 26 7.4.3 Arbitration ................................................................................................................................................ 26 7.4.4 General Provisions ................................................................................................................................ 27 7.5 POSITION RECLASSIFICATION .................................................................................................................. 27 7.5.1 Purpose ................................................................................................................................................... 27 7.5.2 Policy ....................................................................................................................................................... 27 7.5.3 Creation of New Position ...................................................................................................................... 27 7.5.4 Reclassification ...................................................................................................................................... 28 7.6 FURLOUGH PROGRAM ............................................................................................................................. 28 7.6.1 Voluntary Time Off (VTO) ..................................................................................................................... 29 7.6.2 Mandatory Time Off (MTO) .................................................................................................................. 29 7.7 REDUCTION IN FORCE .............................................................................................................................. 30 7.7.1 Authority .................................................................................................................................................. 30 Local 1 MOU 2021 - 2024 iv 7.7.2 Notice ....................................................................................................................................................... 30 7.7.3 Order of Layoff ....................................................................................................................................... 30 7.7.4 Seniority .................................................................................................................................................. 30 7.7.5 Bumping Rights ...................................................................................................................................... 30 7.7.6 Transfer Rights ....................................................................................................................................... 30 7.7.7 Layoff Procedure Notification ............................................................................................................... 31 7.8 RE-EMPLOYMENT ..................................................................................................................................... 31 7.8.1 General Guidelines ................................................................................................................................ 31 7.8.2 Right to Re-Employment ....................................................................................................................... 31 7.8.3 Time Limits .............................................................................................................................................. 31 7.8.4 Availability ............................................................................................................................................... 31 7.8.5 Probationary Status ............................................................................................................................... 31 7.8.6 Restoration of Benefits .......................................................................................................................... 31 LIST OF EXHIBITS Exhibit A Salary Schedule for July 1, 2021 – June 30, 2024 Local 1 MOU 2021 - 2024 1 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and PUBLIC EMPLOYEES UNION AFSCME / LOCAL 1 This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2021 through June 30, 2024. As used in this Memorandum of Understanding, the words “days” or “working days” shall be deemed to mean those days of the week that the City Hall of the City of San Rafael is open for business, unless there is a specific reference to calendar days. 1 GENERAL PROVISIONS 1.1 INTRODUCTION 1.1.1 Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called "CITY") and the Public Employees Union AFSCME / Local 1 (herein-after called “AFSCME / Local 1”) and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. 1.1.2 Term of MOU This agreement shall be in effect from July 1, 2021 through June 30, 2024. 1.2 RECOGNITION 1.2.1 Bargaining Unit City hereby recognizes AFSCME / Local 1 as bargaining representative for the purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the Bargaining Unit. 1.2.2 Notice to Employees Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that AFSCME / Local 1 is the recognized bargaining representative for employees in that classification. Local 1 MOU 2021 - 2024 2 1.3 NON-DISCRIMINATION 1.3.1 In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, marital status, medical condition or disability. Any employee alleging such discrimination should use the internal, administrative process explained in the City of San Rafael’s Policy Against Harassment, Discrimination and Retaliation to redress the situation. Such employees shall be entitled to AFSCME / Local 1 representation but are not entitled to seek redress using the grievance procedure of this MOU. 1.3.2 Bargaining Unit Discrimination No member, official, or representative of AFSCME / Local 1 shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation by the Bargaining Unit. 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and AFSCME / Local 1 agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. 1.5 EXISTING LAWS, REGULATIONS & POLICIES This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and policies of the City of San Rafael. 1.6 STRIKES & LOCKOUTS During the term of this Memorandum, the City agrees that it will not lock out employees, and AFSCME / Local 1 agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Bargaining Unit will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's Charter, ordinances, and regulations, as may be amended from time to time. 1.7 SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet -and-confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragra ph or section. 1.8 PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect throughout the term of this Agreement. Local 1 MOU 2021 - 2024 3 1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1 Understanding The parties jointly represent to the City Council that this Memorandum of Understanding set forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2 Waiver & Modification Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring by mutual agreement. 2 MMBA 2.1 BARGAINING UNIT RIGHTS 2.1.1 Bargaining Unit Stewards Designation The Bargaining Unit shall, by written notice to the City Manager, designate certain of its members as AFSCME / Local 1 Representatives. AFSCME / Local 1 Representatives shall be permitted reasonable time for Bargaining Unit activities including grievance representation. In all cases, the Representatives shall secure permission from the Representative's supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld. AFSCME / Local 1 Representatives, for salary discussions, shall be in accordance with Meyers- Milias-Brown Act (MMBA. 2.1.2 Bulletin Boards Authorized representatives of the Bargaining Unit shall be allowed to post AFSCME / Local 1 notices on specified bulletin boards maintained on City premises. 2.1.3 Union Orientation of New Employees Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Union, as soon as possible the City will inform the employee that they are represented by the Union, inform the employee of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available up to two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new em ployee orientation by the Union. In addition, the City will also provide reasonable advance written notice to the Union of all employee orientations conducted by the City for its members, to include the date, time, and location of the orientation. Written notice shall be via email. The Union will be afforded the opportunity to have the Business Agent and/or a bargaining unit member (City employee) as representatives to meet with the new employee(s). The Union’s new employee orientation will be conducted during regular working hours on paid City time and at a mutually agreeable time approved by department management. At no time shall the Union’s new employee orientation result in any overtime or additional costs to the City. The Union will provide the City advance notice of the name(s) of the bargaining unit member(s) who they wish to attend the orientation. Local 1 MOU 2021 - 2024 4 2.1.4 Employee Information The City shall provide the Union with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Union every 120 days. In addition, a report with similar information of each Union new hire will be provided to the Union within 30 days of the hire date. 2.2 DUES DEDUCTION 2.2.1 Collection of Dues City agrees, upon receipt of a written request by the Bargaining Unit to deduct dues and voluntary Bargaining Unit deductions selected by members, as established by AFSCME / Local 1, from the salaries of its members. The Bargaining Unit shall notify the City in writing as to the amount of such dues uniformly required of all members of AFSCME / Local 1. The sums so withheld shall be remitted by City, without delay, along with a list of employees and their respective dues and voluntary deductions. The Bargaining Unit bears responsibility for allocating dues and voluntary deductions pursuant to employees’ requests. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fees check off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over AFSCME / Local 1 dues. 2.2.2 Dues Collection during Separation from Employment The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from the Bargaining Unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to representation by the Bargaining Unit. The term separation includes transfer out of the Bargaining Unit, layoff, and leave without pay absences with duration of more than five (5) working days. 2.2.3 Indemnification Moneys withheld by the City shall be transmitted to the Treasurer (as identified in writing by AFSCME / Local 1) at the address specified. The Bargaining Unit shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Bargaining Unit shall refund to the City any amount paid to it in error upon presentation of supporting evidence. 2.3 MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and excessively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy; 2. To determine the existence of facts which are the basis of the management decision; 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services; Local 1 MOU 2021 - 2024 5 4. To determine the nature, manner, means, technology and extent of services to be provided to the public; 5. Methods of financing; 6. Types of equipment or technology to be used; 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; 8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (after effect bargaining) to contract for or subcontract any work or operation of the City; 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; 10. To relieve employees from duties for lack of work or other legitimate reasons; 11. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this MOU; 12. To determine job classifications and to reclassify employees; 13. To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations; 14. To determine policies, procedures and standards for selection, training and promotion of employees; 15. To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith; 16. To maintain order and efficiency in its facilities and operations; 17. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement; 18. To take any and all necessary action to carry out the mission of the City in emergencies. The City and AFSCME / Local 1 agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers-Milias-Brown Act (MMBA), case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Bargaining Unit regarding the impact of its decision/exercise of rights. 3 COMPENSATION 3.1 GENERAL WAGES AND COMPENSATION 3.1.1 Pay Dates City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a payday, the payday will be transferred to the following day of regular business unless Finance is able to complete the payroll by the previous work day. The method of distributing the payroll shall be established by the Finance Director. 3.1.2 General Wage Increase Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, AFSCME / Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension, which was implemented Local 1 MOU 2021 - 2024 6 for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, AFSCME / Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to all AFSCME / Local 1 positions and is reflected in the attached revised salary schedules, effective on July 1, 2021. The City shall provide the following salary increases for the listed positions in each year of the MOU, with Year 1 salary increases to become effective July 1, 2021; or, on the first pay period after Council’s approval – whichever occurs later in time.: Administrative Assistant to Police Chief, Administrative Assistant to the City Manager and Senior Administrative Assistant • 1.6% general salary increase plus 1.9% equity adjustment (3.50% total) in Year(s) 1, 2 and 3 Legal Assistant I/II • 1.6% general salary increase plus 1.4% equity adjustment (3.00% total) in Year(s) 1, 2 and 3 Payroll Technician • 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Year(s) 1, 2 and 3 HR Representative I/II • 1.6% general salary increase plus 2.4% equity adjustment (4.00% total) in Year 1 • 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Years 2 and 3 Management Analyst and Associate Management Analyst • 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Year 1 • 1.6% general salary increase plus .4% equity adjustment (2.00% total) in Years 2 and 3 Principal Accountant and Senior Accountant • 1.6% general salary increase plus 2.4% equity adjustment (4.00% total) in Year(s) 1, 2, and 3 Administrative Assistant I and Administrative Assistant II (Confidential) • 1.6% general salary increase plus 1.9% equity adjustment (3.50% total) in Year 1 • 1.6% general salary increase plus .9% equity adjustment (2.50% total) in Years 2 and 3 3.1.3 One-Time Payment Effective the pay period including July 1, 2021 or the first full pay period following Council ratification of a new MOU, whichever occurs later, each employee in the bargaining unit will receive a one-time payment of $2,250 in exchange for the elimination of the Revenue Sharing provision from the MOU. This payment will not contribute to Classic or PEPRA employees’ pensions and is subject to normal payroll taxation. Local 1 MOU 2021 - 2024 7 3.1.4 Definitions Total Compensation shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, confidential pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. The CPI shall be the percentage change in the San Francisco-Oakland-San Jose Area All Urban Consumer index as published by the Bureau of Labor Statistics for the one-year period ending each October during the term of the contract. 3.1.5 Compensation Plan The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. All initial employments shall be at the first step of the salary range. The City Manager or his/her designee may authorize, upon the recommendation of the Appointing Authority, a position at an appropriate higher salary when, in his/her opinion, it is necessary in order to obtain qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. 3.2 STEP INCREASES 3.2.1 Entry Level Step All initial employment shall be at the first step of the salary range, provided that the City Manager may make an appointment to a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. 3.2.2 Consideration for Step Increases An employee may be considered for an annual salary step increase in accordance with their anniversary date and the parameters of the salary schedule, as referenced in Exhibit A. Unless otherwise noted, salary schedule increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/her duties. 3.2.3 Merit Increases Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Director and approval of the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range, either in a one-time lump sum payment or as a percent increase per paycheck for the designated period of Local 1 MOU 2021 - 2024 8 time. Merit pay awards may be granted in recognition of meritorious performance on complex special project(s) of significant value to the organization and beyond the scope of regular duties in response to extraordinary conditions. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. 3.2.4 Anniversary Date Effective 1-1-89, the anniversary date for employees promoted on or after this date shall remain unchanged. Based upon job performance, as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date. 3.2.5 Promotions Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range). 3.2.6 Performance Evaluations Prior to the completion of the probationary period, a minimum of one performance evaluation report shall be reviewed with the employee, but such report and review shall not be required prior to separating an employee during the probationary period. Upon completion of the probationary period, a performance report shall be prepared and reviewed yearly thereafter for each employee in the Classified Service, as a means of determining whether in-grade salary increases are merited, and/or as a means of improving employee performance and communication between supervisors and subordinates. 3.3 SALARY CHANGE ON RECLASSIFICATION If an occupied position is reclassified the incumbent shall be affected as outlined below: 3.3.1 To a Lower Classification When a position is re-allocated to a lower classification, the incumbent is either: 1. Transferred to a vacant position in the former classification; or 2. If the incumbent's current salary is greater than the top step of the lower classification, Y- rated at the current salary until the salary of the lower classification is at or above the Y- rate. 3.3.2 To a Different Classification with the Same Salary Range When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/she shall be paid at the same step of the range and shall maintain the same salary rights. 3.3.3 To a Higher Classification When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate salary schedule. If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment Local 1 MOU 2021 - 2024 9 limited to employees within that classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion. 3.4 OUT OF CLASS COMPENSATION Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary. The out-of- class increase shall be retroactive to the first day of the assignment. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater. 3.5 ADDITIONAL PAY 3.5.1 Confidential Pay Effective 2009, the Confidential Pay incentive for all members is included in the base salary. 3.5.2 Educational Pay Education Pay is included in the base salary. 3.5.3 Bilingual Pay Within the job classifications represented by the Bargaining Unit, provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language. Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material. An employee can petition to his/her Department Director for this bilingual pay incentive. With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager, the employee may begin to receive this bilingual pay incentive. Criteria for approval of the bilingual pay incentive by the City Manager include: a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments. An employee approved for the bilingual pay incentive shall receive an additional $200.00 per month above their base salary. This bilingual pay incentive shall be reviewed annually and as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments. Removal of the bilingual pay incentive would be considered a non-disciplinary action and as such would not be subject to any appeal/grievance procedure. 3.5.4 Uniform Allowance Any AFSCME / Local 1 member required to purchase a uniform to meet departmental regulations shall be reimbursed for such cost. Local 1 MOU 2021 - 2024 10 4 BENEFITS 4.1 EMPLOYEE BENEFITS COMMITTEE Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, SEIU - Childcare, Police, Police Mid-Management, Fire, Fire Chief Officers Association, Western Council of Engineers, AFSCME / Local 1, Mid-Management and Management employees. 4.2 HEALTH & WELFARE 4.2.1 Full Flex Cafeteria Plan Effective January 1, 2010, the City implemented a Full Flex Cafeteria Plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s Full Flex Cafeteria Plan shall receive a monthly flex dollar allowance to purchase benefits under the plan. The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be: For employee only: $ 803.50 For employee and one dependent: $1,606.99 For employee and two or more dependents: $1,771.10 Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. Conditional Opt-Out Arrangement: An employee may elect to waive the City’s health insurance coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. Local 1 MOU 2021 - 2024 11 The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation, or Federal and/or California agency guidance. The City shall be responsible for paying premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit. The City shall be responsible for paying premiums for a Long-Term Disability Policy for each employee that satisfies the eligibility provisions of the long-term disability policy. The Long-Term Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $1,000 per month. 4.2.2 Retirees Health Insurance Employees represented by AFSCME / Local 1 who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s retiree group health insurance program offered through PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. a. Employees hired on or before January 1, 2010. The City shall make a monthly retiree health insurance payment into a Retiree Healthcare Reimbursement Trust (Retiree HRA Trust) on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this Section. The City’s total payment, which includes the PEMHCA minimum contribution, shall not exceed $659 per month. The City’s retiree health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage. Employees receive the pro-rated amount based on their status at the time of retirement. For example: if an employee works parttime and retires while working part-time, then the employee receives a pro-rated contribution based on the employee’s parttime status at the point of retirement. b. Employees hired on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City’s group health insurance program. The City’s maximum contribution towards retiree coverage under this subsection 4.2.2.b, shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner, or dependents upon the employee’s retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS. The City shall additionally make available a retiree health care trust to enable these employees (hired on or after January 1, 2010) to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 125 hours of sick leave time after the conversions. 4.2.3 Pro Rata Benefit Rules Employees covered by this Agreement who work less than full time but more than twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro-rated leave benefits; b) a pro-rated share of the monthly dollar contribution made by the City to be used for enrollment in City offered group health, life, and long term disability insurance plans which the employee may Local 1 MOU 2021 - 2024 12 be eligible for based upon the regular hours the employee works, and c) pro-rated share shall be equivalent to the part time employee position’s ratio of hours worked to full time equivalency. 4.2.4 Health and Dependent Care Spending Accounts City will offer as part of its Section 125 Plan, for as long as such a plan is desired by AFSCME / Local 1 and available pursuant to the IRS Code, Health and Dependent Care Spending Accounts. The Flexible Spending Accounts offered by the City include: a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2003 at IRS Code limit, not to exceed $2,500. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. b. Dependent Care Spending Account: Dependent care expenses that qualify under the IRS Code at the IRS Code limit (currently $5,000). Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. c. Premium Only Plan: Excess Medical premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code. The City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in a. and/or b. above. The City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process. 4.2.5 Health Insurance Providers The City shall have the option, after meeting and consulting with representatives of AFSCME / Local 1, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program. 4.3 DENTAL PLAN The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per patient per calendar year and orthodontic coverage for eligible dependents (50/50). The dental provider will provide payments for covered services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each enrollee in each calendar year. Dental insurance enrollment will be available to part time, permanent employees working at least 20 hours per week (FTE level of position). The City’s contribution towards the monthly dental insurance premium will be prorated based on the FTE level of the part time employee. 4.4 VISION PLAN The City will contract for and pay for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium for such enrollment. Local 1 MOU 2021 - 2024 13 4.5 RETIREMENT CONTRIBUTION 4.5.1 Member Contribution AFSCME / Local 1 members shall pay the full share of the employee's contribution to the Marin County Retirement System. Effective when feasible in accordance with MCERA and City administrative requirements all unit employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The City of San Rafael acknowledges that under its current practice, the employee’s share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change. 4.5.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 2.7% at 55- retirement program to all eligible AFSCME / Local 1 members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. 4.5.3 Member Cost of Living Rates AFSCME / Local 1 members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. AFSCME / Local 1 member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.5.4 Pension Committee A representative of the Union will participate in the City-wide pension committee. 4.6 STATE DISABILITY INSURANCE (SDI) AND PAID FAMILY LEAVE (PFL) Employees will have the full premium cost for SDI or PFL coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status and eligibility for SDI or PFL. With this notification, SDI or PFL benefits, as determined by the State, shall be integrated with accrued sick and vacation leave. Local 1 MOU 2021 - 2024 14 4.7 DEFERRED COMPENSATION Effective simultaneously with the increase in employee contribution by one percent (1%) to be contributed toward the normal cost of pension benefits provided by MCERA as described in Article 4.1.4, the City will contribute one percent (1%) of pensionable compensation toward a City-provided deferred compensation plan. The City will make an additional contribution equivalent to one and six hundredths percent (1.06%) of base pay into a City-provided deferred compensation plan for each member of the unit to be paid in installments on a pay period basis following agreement. 4.8 GYM REIMBURSEMENT Employees are eligible to receive up to $16.50 per month reimbursement for paid gym membership. Such reimbursement shall be processed annually and reported as taxable income to the employee. 4.9 BENEFIT REOPENER The City may reopen negotiations during the term of this Agreement to meet and confer on a replacement health, dental and life insurance/AD&D plan provider. 5 LEAVES 5.1 SICK LEAVE 5.1.1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Director according to department Rules and Regulations at the beginning of his/her daily duties. The City has the right to request medical verification from an employee who is absent from his/her duties for three (3) or more consecutive work days. 5.1.2 Sick Leave Accrual All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount, but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual rate is prorated for eligible part time employees. 5.1.3 Use of Sick Leave An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness of the employee or illness within the immediate family (family member means an employee’s spouse, registered domestic partner, sibling, parent, parent-in- law, grandchild, grandparent and any unmarried child, including adopted child, a stepchild, or recognized natural child who lives with the employee in a regular parent- child relationship), or physical incapacity of the employee resulting from causes beyond the employee’s control; or 2. Enforced quarantine of the employee in accordance with community health regulations; or 3. Medical appointments that cannot be scheduled during non-working hours shall be charged to sick leave. Local 1 MOU 2021 - 2024 15 4. Personal illness of an employee’s parent that requires the employee to attend to their care. 5.1.4 Advance of Sick Leave Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un-accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave. 5.1.5 Service Credit for Sick Leave Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement (see Section 5.1.6). Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of all accrued, unused sick leave for retirement purposes. 5.1.6 Compensation for Unused Portion Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing shall receive compensation for all accumulated unused sick leave based upon the following formula: a rate of three percent (3%) for each year of service (i.e., 3% times number of employment service years). The maximum number of accumulated, unused sick leave an employee may be compensated for upon termination of employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated, unused sick leave that the employee is not compensated for upon termination. 5.2 VACATION LEAVE 5.2.1 Eligibility Annual vacation with pay shall be granted each eligible employee. Vacation leave accrued shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Department Director. 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service. Each service year in the chart begins on the first working day and ends on the last day of the service year: Service Year Annual Hours Hours Per Month 1 75.000 hours 6.2500 2 75.000 hours 6.2500 3 75.000 hours 6.2500 4 112.500 hours 9.3750 5 117.867 hours 9.8222 6 123.234 hours 10.2695 Local 1 MOU 2021 - 2024 16 7 128.601 hours 10.7167 8 133.968 hours 11.1640 9 139.335 hours 11.6110 10 144.702 hours 12.0580 11 150.000 hours 12.5000 12 157.500 hours 13.1250 13 165.000 hours 13.7500 14 172.500 hours 14.3750 15 180.000 hours 15.0000 16 plus 187.500 hours 15.6250 When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Department Director, may advance vacation credits to any permanent regular and permanent part time employee. No employee may accrue more than 250 hours. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by employee's Department Director with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays falls within an annual vacation leave, the vacation hours that shall be charged against any employee’s accrued vacation shall be those hours that the employee is regularly scheduled to work. Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. 5.2.4 Vacation Cash-In An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months may request that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period. 5.3 HOLIDAYS All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked. When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed. The following holidays will be observed: January 1st New Year’s Day The third Monday in January Martin Luther King Jr. Day The third Monday in February Washington’s Birthday Local 1 MOU 2021 - 2024 17 March 31st Cesar Chavez Day The last Monday in May Memorial Day July 4th Independence Day The first Monday in September Labor Day November 11th Veteran’s Day The fourth Thursday in November Thanksgiving Day The fourth Friday in November Day after Thanksgiving December 25th Christmas Day In addition to designated holidays, employees in this Bargaining Unit receive two (2) floating holidays. Floating holidays not used are added to employee's vacation balance. 5.4 OTHER LEAVE 5.4.1 Bereavement Leave In the event of the death of an employee's spouse, registered domestic partner, child, parent, parent-in-law, sibling, grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to five (5) days may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Department Director as part of the request for bereavement leave. 5.4.2 Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.3 Military Leave Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the Department Director an opportunity, within the limits of mili tary regulations, to determine when such leave shall be taken. 5.4.4 Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay. 5.4.5 Industrial Injury Leave For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources Department coordinates benefits for Worker's Compensation claims. For further information, see the City’s Workers’ Compensation policy located on the Intranet at https://intranet.cityofsanrafael.org. Local 1 MOU 2021 - 2024 18 Employees of the City who have suffered any disability arising out of and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California. Temporary disability payments (TD) are made to all employees (full and part -time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state-mandated minimums and maximums. For full-time, regular employees, however, the City augments TD payments with salary continuation, as follows: Workers Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. Sick Leave Usage Post Industrial Injury/Illness The following rule applies to employees who have an accepted industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined: a. The employee has reached maximum medical improvement and/or has been determined “permanent and stationary.” b. The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred next steps would include: a. The interactive process; attempt to locate other appropriate employment within the City b. If none available proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. 5.4.6 Family Medical Leave Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the employee’s Department Director for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if appropriate and requested. Sick leave usage is to be consistent with sick leave provisions of the MOU. To be eligible for this family leave benefit, an employee must have worked continuously for the City of San Rafael for at least 12 months and have worked a minimum of 1250 hours in the previous 12-month period. For details, please see the City’s FMLA policy located on the Intranet at https://intranet.cityofsanrafael.org. 5.4.7 Catastrophic Leave Catastrophic Leave shall be in accordance with the City-wide Catastrophic Leave Policy located on the City’s Intranet at https://intranet.cityofsanrafael.org. 5.4.8 Administrative Leave Employees filling positions designated as exempt from overtime shall receive five (5) days of Administrative Leave each calendar year subject to the approval of the Department Director and the City Manager. Unused Administrative Leave shall not carry over from one calendar year to Local 1 MOU 2021 - 2024 19 the next, nor shall unused Administrative Leave Balances be paid to an exempt confidential employee upon his/her resignation. 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 HOURS OF WORK The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5 hours per day. 6.2 OVERTIME Overtime shall mean actual time authorized and worked beyond thirty-seven and one half (37.5) hours in the regular work week. A work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is compensable to the nearest half-hour and must have prior authorization and approval of the Department Director. Each Department Director shall have the authority to designate certain job classifications for mandatory overtime in emergencies. In the event the Department Director determines that there is a staffing need during an emergency, the Department Director shall first make a reasonable effort to seek qualified volunteers to work overtime during the emergency. If the Department Director determines that there are an insufficient number of volunteers, or if time constraints prevent the soliciting of volunteers, the Department Director may order employees in the designated classifications to report to work in overtime status to address the emergency. 6.3 COMPENSATORY TIME POLICY With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules: 6.3.1 Accrual Limit Employees may accrue up to 125 hours of compensatory time after which said employee must accept overtime pay in lieu of accruing additional compensatory time. 6.3.2 Overtime Rate Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1. Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it. 6.4 PROBATIONARY PERIOD 6.4.1 Purpose of Probation After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 6.4.2 Length of Probationary Period The probationary period on original and promotional appointment shall be for one (1) year. 6.4.3 Rejection During Probation During the probationary period an employee may be rejected at any time by the Appointing Authority without the right of appeal. Local 1 MOU 2021 - 2024 20 6.4.4 Notification of Rejection On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Human Resources Director in writing of his/her intention to terminate the employee. After discussion with the Human Resources Director, the Appointing Authority shall notify employee in writing of his/her rejection. 6.4.5 Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 6.4.6 Regular Status Regular status shall commence with the day following the expiration date of the probationary period. 6.4.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 6.4.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 6.4.9 Lateral Transfer Probation Voluntary transfers to another job classification, within the same salary range, shall require a s ix (6) month probationary period. In the event of unsuccessful passage of this period refer to Section 6.4.8. 6.5 TRANSFERS / REASSIGNMENTS 6.5.1 Types of Transfers Transfers may be within the same department (intra-departmental) or between departments (inter-departmental). The requirements for each are as follows: a. Intra-departmental transfers. The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classificat ion with the same salary range, in the same division or to another division of the same department (at any time and for any duration). b. Inter-departmental transfers. An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. Local 1 MOU 2021 - 2024 21 c. Voluntary Transfers. An employee may make a written request for transfer to the Human Resources Director to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Director(s) and the approval of the City Manager. 6.5.2 Minimum Qualifications & Probation Any persons transferred to a different position shall possess the minimum qualifications for the position. 6.5.3 Transfer Procedures The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Directors, involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency. Any person transferred to a different position shall possess the minimum qualifications for the position. Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Department. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list. 6.6 PERSONNEL RULES & REGULATIONS AFSCME / Local 1 agrees to accept the City’s Personnel Rules and Regulations. 6.6.1 Confidential Nature of Personnel Records All personnel records and files and examination materials are confidential. The Human Resources Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq. Individual employees may review their official personnel file maintained by Human Resources Department and/or respective appointing authority. With the written consent of the employee, the authorized r epresentative of the recognized employee organization may also review that personnel file. 6.6.2 Confidential Nature of Medical Records All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Department. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq. 6.6.3 Outside Employment Policy AFSCME / Local 1 members should refer to the City wide Policy on outside employment, located on the City’s Intranet (https://intranet.cityofsanrafael.org) for policies and procedures related to outside employment. Local 1 MOU 2021 - 2024 22 6.6.4 Use of City Vehicle At the discretion of the Department Director, a AFSCME / Local 1 employee may be assigned a City vehicle for job related duties during regular working hours. Only in emergency conditions will an employee be allowed to take a City vehicle home and only with prior approval of the Department Director. 6.6.5 Safety Policy The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards, and shall adopt and use methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment. 6.7 MISCELLANEOUS 6.7.1 Hazardous Materials First responders at this level (awareness only) are those who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response operations level. "Awareness” individuals take no action beyond notifying the designated authorities of the release. The Deputy Fire Marshal is the Hazardous Materials Coordinator for the City of San Rafael. It is understood and agreed by both parties that employees represented by AFSCME / Local 1 do not have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The Fire Department personnel and/or contract personnel have the direct responsibility of dealing with hazardous materials. 6.7.2 Gratuities / Solicitation of Contributions Gratuities and solicitation of gratuities shall be governed by the City's Personnel Rules and Regulations. 6.7.3 Return of City Equipment Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned. 6.7.4 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 6.7.5 Employment of Relatives Employment of relatives shall be governed by the City's Personnel Rules and Regulations. 6.7.6 Labor / Management Meetings During the term of the Agreement, the City and the Bargaining Unit agree that consultation meetings may contribute to improved employer-employee relations. Issues relating to the usage of volunteers and temporary/part-time/seasonal employees, promotional opportunities and the implementation of safety programs will serve as a basis for initial agenda items to be discussed and acted upon. The committee shall be comprised of two (2) AFSCME / Local 1 representatives and three (3) representatives from City Management. The parties agree that committee members may change depending on the subject matter. Local 1 MOU 2021 - 2024 23 Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 7.4 Grievance Procedures. 6.7.7 Contract Orientation Work Sessions The City and the Bargaining Unit agree that the individuals having responsibility for the enforcement of the Agreement, AFSCME / Local 1 Representatives and Department Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities. 6.7.8 Harassment Policy Employees shall adhere to the City’s Policy against Harassment, located on the City’s Intranet (https://intranet.cityofsanrafael.org). 6.7.9 Work Place Conduct Employees, managers and supervisors will treat each other, regardless of position or profession, with dignity, courtesy, trust and respect. Disputes over the interpretation or application of this section will not be subject to the arbitration process of this agreement. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7.1.1 Demotion The Appointing Authority may demote an employee when the following occurs: a. The employee FAILS to perform his/her required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Department. Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Article 7.3, "Disciplinary Action." 7.1.2 Suspension The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. The intended suspension action shall be reported immediately to the Human Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary Action". 7.2 TERMINATION OF EMPLOYMENT 7.2.1 Resignation An employee wishing to leave City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and the Human Resources Department. Local 1 MOU 2021 - 2024 24 7.2.2 Termination - Layoff (Lack of work or funds) The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made. The City will not layoff any employees in the bargaining unit between July 1, 2011 and December 31, 2011, unless the City is subject to significant revenue reduction (a reduction of one percent (1%) or more in General Fund revenue) due to state cuts or reduction in other revenue sources. 7.2.3 Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 7.3, "Disciplinary Action". 7.2.4 Retirement Retirement from City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. 7.2.5 Rejection During Probation An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal. 7.3 DISCIPLINARY ACTION 7.3.1 Notification of Weingarten Rights The City will inform all members of their rights to Union representation (Weingarten Rights) prior to any meetings in which disciplinary action may be a result. 7.3.2 Right to Discipline & Discharge Upon completion of the designated probationary period an employee shall be designated as a non-probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging during the term of this Memorandum of Understanding, in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll docum ents or other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in Local 1 MOU 2021 - 2024 25 fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimical to the public service; inability or refusal to provide medical statement on cause of illness or disability. 7.3.3 Preliminary Notice A non-probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective. Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice. Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Director has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his right to proceed with the steps for appeal in the Grievance Procedure. 7.3.4 Disciplinary Action and Appeal After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Such notification shall be issued in writing within 10 days of the meeting. If the employee elects to appeal the Department Director action, he/she may request a confidential settlement conference with the City Manager. Participation in the confidential settlement conference shall be voluntary. For pre-termination disciplinary action, the decision of the City Manager shall be final and binding. For disciplinary discharges only, if the matter is still unresolved after the confidential settlement conference, the employee shall notify the City within ten (10) days that the discharge is appealed to Step 4 (Arbitration) of the Grievance Procedure. The discharge appeal shall then proceed in accordance with the Grievance Procedure. 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition 1. Grievance is a dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding. All ordinances, resolutions, rules and regulations, which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure. 2. Day shall mean any day that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City. 3. Grievant may be an individual employee or a group of employees or AFSCME / Local 1 on the behalf of a group of employees or AFSCME / Local 1 on its own behalf on matters involving the City and AFSCME / Local 1 relationship. Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision. Local 1 MOU 2021 - 2024 26 7.4.2 Procedure Step 1 Within seven (7) working days of when the grievant knew or should have known of the act or omission causing the grievance the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. Within five (5) working days thereafter the immediate supervisor shall investigate and respond to the allegations of the grievant. Step 2 If the grievant is not satisfied with the resolution at Step 1 the grievant must reduce the grievance to writing and present it to the Department Director within five working (5) days . The written grievance shall contain a statement of facts about the nature of the grievance and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant. The Department Director shall confer with the grievant and within ten (10) working days respond to the allegations in writing. Step 3 If the grievant is not satisfied with the resolution at Step 2, the grievant shall, within five (5) working days, appeal the matter to the City Manager. The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) working days, thereafter, respond to the allegations in writing. Step 4 If the grievance remains unresolved after Step 3, the Bargaining Unit may give written notice to the City’s Human Resources Department within ten (10) working days after receipt of the response in Step 3; notify the City that AFSCME / Local 1 wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. 7.4.3 Arbitration The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and he/she may call, recall and examine witnesses, as she/she deems proper. The burden of proof shall be upon AFSCME / Local 1 in grievance matters and upon the City in disciplinary discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, AFSCME / Local 1 and any employee(s) involved in the grievance or disciplinary discharge. Local 1 MOU 2021 - 2024 27 The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary discharge matters, whether the City allegations are accurate and the appropriateness of the disciplinary discharge. The fees and expenses of the arbitrator shall be shared equally by AFSCME / Local 1 and the City. All other expenses shall be borne by the party incurring them. The cost of the services for the court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then the costs will be shared. 7.4.4 General Provisions 1. Employees who participate in the Grievance Procedure, by filing a grievance or acting, as a witness on the behalf of either party shall be free from discrimination by either AFSCME / Local 1 or the City. 2. A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and have access to all information regarding the basis of the grievance upon which the City relies in making its determinations. 3. If the City management fails to respond within the specified time limits, the grievance shall, at the request of AFSCME / Local 1, be moved to the next step of the procedure. If AFSCME / Local 1 or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed withdrawn with prejudice. The parties may, by mutual agreement, waive the steps in the procedure. 4. If a hearing is held during work hours of employee witnesses, such employees shall be released from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings. 5. The Human Resources Department shall act as the central repository for all grievances. 6. Time limits contained herein may be extended by mutual agreement of the parties. Absence for bona fide reasons by a grievant, AFSCME / Local 1 Representative or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence. 7.5 POSITION RECLASSIFICATION The process by which an individual position may be audited to review the appropriateness of its classification is provided in this Article. 7.5.1 Purpose This administrative procedure shall establish consistent guidelines for the creation and/or review of a position's job classification. 7.5.2 Policy The City of San Rafael seeks to maintain a classification system and process whereby all positions are accurately classified on the basis of current and ongoing job responsibilities officially assigned to said position(s). 7.5.3 Creation of New Position The Appointing Authority or their designee may during the budget process request the creation of a new job classification by: 1. Completion of prescribed personnel form(s) and a position description questionnaire form. Local 1 MOU 2021 - 2024 28 2. Completed forms shall be submitted to the City’s Human Resources Department. 3. Human Resources Department staff shall within 60 calendar days of receipt of the forms complete a formal audit of the proposed job class and prepare a written report. 4. The written report shall be submitted to the City Manager and the City Council for final approval. 5. Creation of a new job classification shall be effective with the start of the new fiscal year. 7.5.4 Reclassification The Appointing Authority or their designee or an incumbent of a position or AFSCME / Local 1 on behalf of an employee may request, in writing, a classification review. This classification review may be requested if the position has not been reviewed within the previous twelve (12) months and either permanent and substantial changes have been made in the duties and responsibilities assigned to the position or there is evidence that the majority (50% or more) of the work being performed is not appropriate for the position's current classification. 1. All requests for reclassification must be submitted to the Human Resources Department on prescribed personnel form(s) by the appointing authority. Reclassification requests must be accompanied by a current job description approved by the position's immediate supervisor and appointing authority. 2. Employee initiated reclassification requests must first be directed to the employee's Appointing Authority. The appointing authority shall forward the employee's request to the Human Resources Director within ten (10) days of receipt. 3. The Human Resources Director shall ensure the review (audit) of the employee's position is completed within sixty (60) calendar days of receipt of the request in the Human Resources Department. 4. Based upon the analysis and evaluation of a position, the Human Resources Department reviewer may recommend that the position be sustained in its current class or be reclassified (up or down) to the proper classification based upon the assigned work. The City Manager or their desig nee shall review all reclassification recommendations made by the Human Resources Department. 5. Within ten (10) days of receipt of the written audit decision the affected employee(s) may, in writing, submit a request for review of this decision to the City M anager. This request for review must show substantial error and/or omission on the part of the auditor. The City Manager may render a decision on the appeal on the basis of the written material or may interview the involved parties to discuss the specific error or omission prior to rendering a decision. 6. The City Manager shall have final decision-making authority on all reclassifications. 7. Reclassifications shall be effective the first of the month following final approval of the action. Any changes of pay as a result of the reallocation shall be in accordance with the City's Personnel Rules and Regulations in effect at the time. 7.6 FURLOUGH PROGRAM Both the City of San Rafael and AFSCME / Local 1 recognize the unpredictable shifts in funding that affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael and AFSCME / Local 1 have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the City shall meet and consult with the Bargaining Unit at least 60 days prior to implementation of the Furlough Program. The procedures for this Furlough Program shall Local 1 MOU 2021 - 2024 29 provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). 7.6.1 Voluntary Time Off (VTO) The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting at least a 5% reduction of hours through the VTO would receive “float days” as described in Section 7.6.2, item 4.b. 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. 4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with review of the Department Director and approval of the City Manager and such approval shall be revocable should the City determine that the impact of the absence can not be absorbed by the Department. Prior to revoking approval, the City will contact the employee and review pertinent information which would impact the employee’s ability to return to work. Should the City need to remove additional VTO, such removal would be considered a non-disciplinary action and would not be subject to any appeal/grievance procedure. 7.6.2 Mandatory Time Off (MTO) MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager) and after consultation with AFSCME / Local 1. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will not impact Marin County retirement calculations of average compensation or service credit as the City and employee will continue to fund the full amounts. If the Marin County Retirement Association changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy. 3. MTO time shall apply toward time in service for step increases and completion of probation. 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time. b. Float time accrued through the MTO Program must be taken in the next fiscal year following the furlough, with supervisory approval or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said Local 1 MOU 2021 - 2024 30 employee would be eligible to take the unused float time during the thirty-day layoff notice period. c. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and AFSCME / Local 1 agree to re-open negotiations on this Furlough Plan. 7.7 REDUCTION IN FORCE 7.7.1 Authority The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. 7.7.2 Notice Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be notified. 7.7.3 Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part-time permanent employee with more seniority can displace a full time permanent employee. 7.7.4 Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro rata basis to full time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. 7.7.5 Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished. 7.7.6 Transfer Rights The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in Section 7.7.3, but no longer than the effective date of such layoff or reduction. Local 1 MOU 2021 - 2024 31 7.7.7 Layoff Procedure Notification Once the decision has been made to reduce the workforce per this MOU, the City will meet with the Bargaining Unit to review and receive feedback on the procedure to be used to inform and process the lay-offs. The information gained in this meeting from the Bargaining Unit by the City will be advisory and non-binding. 7.8 RE-EMPLOYMENT 7.8.1 General Guidelines Individuals who have been laid off or demoted shall be offered re-appointment to the same or similar classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. 7.8.2 Right to Re-Employment Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 7.8.3 Time Limits Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 7.8.4 Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 7.8.5 Probationary Status Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment. 7.8.6 Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. Local 1 MOU 2021 - 2024 32 AFSCME / Local 1: CITY OF SAN RAFAEL: Lisa Davis, Business Agent AFSCME / Local 1 Tim Davis, Lead Negotiator Attorney, Burke Williams Sorensen Rhonda Castellucci, HR Representative II AFSCME / Local 1 Sylvia Gonzalez-Shelton, HR Operations Manager Laraine Gittens, Legal Assistant II AFSCME / Local 1 Thomas Wong, Analyst Anita Rose, Administrative Assistant to the Police Chief, AFSCME / Local 1 Date Date Grade Position A B C D E 7122 ADMIN ASST I (CONFIDENTIAL)$4,655 $4,888 $5,133 $5,389 $5,659 7123 ADMIN ASST II (CONFIDENTIAL)$5,133 $5,390 $5,659 $5,942 $6,239 7215 ADMIN ASSISTANT TO THE CM $5,955 $6,253 $6,565 $6,893 $7,238 7207 ADMIN ASST TO THE CHIEF OF POLICE $5,264 $5,527 $5,804 $6,094 $6,399 2106 ASSOCIATE MANAGEMENT ANALYST $5,797 $6,087 $6,391 $6,711 $7,046 TBD HUMAN RESOURCES ANALYST I*$6,505 $6,830 $7,171 $7,530 $7,906 TBD HUMAN RESOURCES ANALYST II*$7,154 $7,512 $7,888 $8,282 $8,696 TBD HUMAN RESOURCES ASSISTANT*$5,455 $5,728 $6,015 $6,315 $6,631 2109 HUMAN RESOURCES REPRESENTATIVE I $5,846 $6,138 $6,445 $6,768 $7,106 2110 HUMAN RESOURCES REPRESENTATIVE II $6,440 $6,762 $7,100 $7,455 $7,828 7242 LEGAL ASSISTANT I $5,926 $6,222 $6,533 $6,860 $7,203 9205 LEGAL ASSISTANT II $6,530 $6,856 $7,199 $7,559 $7,937 7204 MANAGEMENT ANALYST $6,377 $6,696 $7,031 $7,382 $7,751 TBD PAYROLL ADMINISTRATOR*$6,320 $6,636 $6,968 $7,316 $7,682 7203 PAYROLL TECHNICIAN $5,989 $6,289 $6,603 $6,933 $7,280 7316 PRINCIPAL ACCOUNTANT $7,920 $8,316 $8,732 $9,168 $9,627 2136 SENIOR ADMIN ASST (CONFIDENTIAL)$5,527 $5,803 $6,093 $6,398 $6,718 2130 SENIOR ACCOUNTANT $7,056 $7,409 $7,780 $8,169 $8,577 AFSCME / LOCAL 1 - CONFIDENTIAL SALARY SCHEDULE Effective July 1, 2021 *New classification approved with 2021-2024 MOU Exhibit A Grade Position A B C D E 7122 ADMIN ASST I (CONFIDENTIAL)$4,772 $5,010 $5,261 $5,524 $5,800 7123 ADMIN ASST II (CONFIDENTIAL)$5,261 $5,524 $5,801 $6,091 $6,395 7215 ADMIN ASSISTANT TO THE CM $6,163 $6,471 $6,795 $7,135 $7,491 7207 ADMIN ASST TO THE CHIEF OF POLICE $5,448 $5,721 $6,007 $6,307 $6,623 2106 ASSOCIATE MANAGEMENT ANALYST $5,913 $6,209 $6,519 $6,845 $7,187 TBD HUMAN RESOURCES ANALYST I $6,700 $7,035 $7,386 $7,756 $8,143 TBD HUMAN RESOURCES ANALYST II $7,369 $7,738 $8,124 $8,531 $8,957 TBD HUMAN RESOURCES ASSISTANT $5,619 $5,900 $6,195 $6,505 $6,830 2109 HUMAN RESOURCES REPRESENTATIVE I $5,992 $6,292 $6,606 $6,937 $7,284 2110 HUMAN RESOURCES REPRESENTATIVE II $6,601 $6,931 $7,278 $7,641 $8,023 7242 LEGAL ASSISTANT I $6,104 $6,409 $6,729 $7,066 $7,419 9205 LEGAL ASSISTANT II $6,726 $7,062 $7,415 $7,786 $8,175 7204 MANAGEMENT ANALYST $6,505 $6,830 $7,171 $7,530 $7,906 TBD PAYROLL ADMINISTRATOR*$6,509 $6,835 $7,177 $7,535 $7,912 7203 PAYROLL TECHNICIAN $6,139 $6,446 $6,768 $7,107 $7,462 7316 PRINCIPAL ACCOUNTANT $8,237 $8,649 $9,081 $9,535 $10,012 2136 SENIOR ADMIN ASST (CONFIDENTIAL)$5,720 $6,006 $6,306 $6,622 $6,953 2130 SENIOR ACCOUNTANT $7,339 $7,706 $8,091 $8,495 $8,920 AFSCME / LOCAL 1 - CONFIDENTIAL SALARY SCHEDULE Effective July 1, 2022 Exhibit A Grade Position A B C D E 7122 ADMIN ASST I (CONFIDENTIAL)$4,891 $5,136 $5,393 $5,662 $5,945 7123 ADMIN ASST II (CONFIDENTIAL)$5,393 $5,662 $5,946 $6,243 $6,555 7215 ADMIN ASSISTANT TO THE CM $6,379 $6,698 $7,033 $7,384 $7,754 7207 ADMIN ASST TO THE CHIEF OF POLICE $5,639 $5,921 $6,217 $6,528 $6,854 2106 ASSOCIATE MANAGEMENT ANALYST $6,031 $6,333 $6,649 $6,982 $7,331 TBD HUMAN RESOURCES ANALYST I $6,901 $7,246 $7,608 $7,988 $8,388 TBD HUMAN RESOURCES ANALYST II $7,590 $7,970 $8,368 $8,787 $9,226 TBD HUMAN RESOURCES ASSISTANT $5,788 $6,077 $6,381 $6,700 $7,035 2109 HUMAN RESOURCES REPRESENTATIVE I $6,142 $6,449 $6,772 $7,110 $7,466 2110 HUMAN RESOURCES REPRESENTATIVE II $6,766 $7,104 $7,459 $7,832 $8,224 7242 LEGAL ASSISTANT I $6,287 $6,601 $6,931 $7,278 $7,642 9205 LEGAL ASSISTANT II $6,928 $7,274 $7,638 $8,020 $8,421 7204 MANAGEMENT ANALYST $6,635 $6,966 $7,315 $7,681 $8,065 TBD PAYROLL ADMINISTRATOR*$6,705 $7,040 $7,392 $7,761 $8,150 7203 PAYROLL TECHNICIAN $6,293 $6,607 $6,938 $7,284 $7,649 7316 PRINCIPAL ACCOUNTANT $8,566 $8,995 $9,444 $9,917 $10,412 2136 SENIOR ADMIN ASST (CONFIDENTIAL)$5,920 $6,216 $6,527 $6,853 $7,196 2130 SENIOR ACCOUNTANT $7,632 $8,014 $8,414 $8,835 $9,277 AFSCME / LOCAL 1 - CONFIDENTIAL SALARY SCHEDULE Effective July 1, 2023 Exhibit A 1 Side Letter Between AFSCME / Local 1 (Local 1) and The City of San Rafael July 19, 2021 In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. Additionally, and in accordance with Governor Gavin Newsom’s Executive Order(s), which severely curtailed and/or outright closed commercial establishments, the City temporarily closed its offices for an undetermined amount of time and established remote work options for its non-public safety workforce in order to continue serving the needs of the community. The City utilizes the services of HDL to provide sales tax forecasts and tax revenue projections. HDL advised the City in the Spring of 2020, that it should be prepared for unprecedented financial losses, in an amount upwards of $12M over the next 18 months. In anticipation of these dire financial circumstances, the City exercised its management rights under MOU section 7.6 and implemented a Citywide furlough for all non-safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid the need to implement reductions in force in the future. Two significant things changed during fiscal year 20-21: 1. In the fall of 2020, the Measure R passed, which is expected to increase the City’s annual sales tax revenues by approximately $4M, which the City will begin receiving at the end of FY 20-21, and 2. In the first quarter of 2021, HDL’s sales tax revenue forecasts significantly changed for the better and the revenue losses initially expected due to the pandemic, luckily did not materialize. Based on the two above changes in financial condition, the City is projecting a financial surplus for fiscal year 20-21, therefore the City is willing to issue repayments to employees who were furloughed over the last year. The City is pleased that it is in the financial position to do so. The circumstances that make it possible for the City to reimburse employees for the furlough at this time are extremely unique in nature. The City retains the management right under MOU section 7.6 in the future to implement a furlough if needed. The City does not commit to any future reimbursement of the furlough monies and considers this one-time offer to reimburse the FY 20-21 as non-precedential. Thus, the City now grants to each employee in the bargaining group a one-time re-payment equal to the amount they would have received had the furlough not occurred. In exchange for receiving these funds, employees will not be entitled to 3 days of float under MOU section 7.6.2 subsection 4. The furlough repayment amount for each employee will be calculated based on their individual actual furlough reduction amounts that were deducted from each employee’s paycheck during FY 20-21. The furlough repayment amounts range from approximately $2,000 - $2,700, depending upon the individual position. The City already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20-21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and it is subject to 2 normal payroll taxation. The actual total dollar amount to be reimbursed to the members of this bargaining unit is $14,250. FOR AFSCME/LOCAL 1: FOR THE CITY OF SAN RAFAEL: _______________________________ ____________________________________ Lisa A. Davis, Chief Negotiator Tim Davis, Burke Williams Sorensen Senior Business Agent _______________________________ ____________________________________ Laraine Gittens, Negotiator – Local 1 Sylvia Gonzalez-Shelton, HR Operations Mgr _______________________________ Rhonda Castellucci, Negotiator – Local 1 ________________________________ Anita Rose, Negotiator – Local 1 ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.b Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: APPROVAL OF THE NEW MEMORANDUM OF UNDERSTANDING WITH WESTERN COUNCIL OF ENGINEERS (WCE) & FURLOUGH REIMBURSEMENT SIDE LETTER SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR WESTERN COUNCIL OF ENGINEERS (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER RECOMMENDATION: Adopt Resolution. BACKGROUND: Western Council of Engineers represents 11 full-time equivalent (FTE) positions in the Public Works Department and San Rafael Sanitation District. The most recent Memorandum of Understanding (“MOU”) for WCE expired on June 30, 2020 and was extended by side letter through June 30, 2021. Over the past several months, representatives of the City and WCE have met in good faith and worked diligently to negotiate the terms of a successor MOU. The City and WCE reached a tentative agreement on June 21, 2021, for a three-year successor MOU and WCE membership subsequently ratified the tentative agreement. ANALYSIS: The following are the highlights that reflect the terms and significant economic items included in the agreement between the City and WCE. In addition to the economic items, some operational items were also addressed in the final agreement, all of which can be found in the attached successor MOU. 1. Term of the Agreement: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual classification salary increase percentages may be lower or higher than the percentages listed below, based on the amount of labor market adjustment agreed to for each position in the bargaining unit. The salary schedule included in the attached successor MOU authorizes the proposed new salary for each position. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 a. Year 1: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2021 b. Year 2: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2022 c. Year 3: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2023 3. Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension, which was implemented for FY 20-21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid- Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage will apply to all WCE positions and is reflected in the attached revised salary schedules, effective on July 1, 2021. 4. One-Time Payment: Employees represented by the bargaining group will receive a one-time, non- pensionable payment in the amount of $2,250 in exchange for the elimination of Revenue Sharing. This payment will not contribute to Classic or PEPRA employees’ pensions and is subject to normal payroll taxation. 5. Eliminate Revenue Sharing: The revenue sharing provision to be eliminated provides a formula upon which a percentage of excess general tax revenues must be shared with members where specific criteria are met to increase the salary of WCE job classes. 6. Non-Economic Items: In addition to items discussed above, agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all the changes agreed to by the parties. A brief overview of these negotiated MOU sections includes: • Retiree Health Insurance (Section 4.2.2): Incorporate side letter language regarding Retiree Health Savings (RHS). For the annual July 1 conversion of sick leave to fund an employee’s retiree health care trust, the remaining sick leave balance requirement is 125 hours. • Sick Leave (Section 5.1.3): Update familial relationships under definition of “immediate family” to be more in line with definition under California Paid Family Leave. Furlough Repayment Side Letter In addition to the attached successor MOU, a side letter is attached that outlines the terms mutually agreed upon by the City and WCE regarding the repayment of the furlough which was implemented in fiscal year 20-21. In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. In anticipation of dire financial circumstances, the City exercised its management rights under MOU section 7.6 and implemented a Citywide furlough for all non-safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid the need to implement reductions in force in the future. Year-end review of the FY 20/21 budget shows that the City’s projected revenue losses anticipated due to the pandemic fortunately did not materialize as expected and the City is projecting a financial surplus for fiscal year 20-21. As a result, the City is in a financial position at this time to issue repayments to employees who were furloughed over the last year. The circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 reimbursement for FY 20-21 is non-precedential. The City will issue a one-time re-payment equal to the actual furlough reduction amount taken by each employee in the bargaining group for FY 20/21. The City already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20-21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and the repayment amount is subject to normal payroll taxation. The individual furlough repayment amounts range from approximately $700 - $4,000, depending upon the individual position. The total amount of the furlough repayment for the bargaining group is $17,500. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 11 employees of WCE is $1,956,376. The additional ongoing incremental cost of the successor MOU beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $63,261 $47,129 $39,228 Other costs: Pension* $29,984 $22,336 $18,590 Taxes, etc. (Medicare, W/C) $ 2,252 $ 1,678 $ 1,397 Total Incremental Cost: $95,497 $71,143 $59,215 **This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. While the incremental cost is $95,497 for fiscal year 2021-2022, $71,143 for fiscal year 2022-2023, and $59,214 for fiscal year 2023-24, the increases are compounding and therefore the projected wages and other costs total $487,992 plus $24,750 in one-time payment, totaling $512,742, plus $17,500 in one- time costs for the furlough repayment, totaling $530,242 for the three-year term. The incremental cost for fiscal year 21-22 includes the prior year (fiscal year 20-21) contract extension restoration of a 3% base wage increase. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the resolution to approve the successor Memorandum of Understanding between the City of San Rafael and Western Council of Engineers pertaining to compensation and working conditions (July 1, 2021 through June 30, 2024) and the Furlough Reimbursement Side Letter. ATTACHMENTS: 1. Resolution with attached MOU between City of San Rafael and Western Council of Engineers for July 1, 2021 to June 30, 2024 (and all attachments). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 2. Furlough Reimbursement Side Letter SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 2. Furlough Reimbursement Side Letter RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND WESTERN COUNCIL OF ENGINEERS (WCE) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER WHEREAS, the Western Council of Engineers (WCE) labor agreement with the City expired on June 30, 2021, after a one-year extension; and WHEREAS, the City of San Rafael and representatives of WCE have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from July 1, 2021 through June 30, 2024 has been ratified by WCE members; and WHEREAS, a side letter has been mutually agreed upon by the City and WCE regarding the repayment of the furlough which was implemented in fiscal year 20-21; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one -time reimbursement for FY 20-21 is non-precedential; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and Western Council of Engineers (WCE) shall utilize the MOU for the period beginning July 1, 2021, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by WCE. Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full. Section 3: One-time repayment of the furlough shall be made per the agreed upon Furlough Reimbursement Side Letter. 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 19th of July 2021, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _____________________________ Lindsay Lara, City Clerk MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and WESTERN COUNCIL OF ENGINEERS JULY 1, 2021 - JUNE 30, 2024 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and WESTERN COUNCIL OF ENGINEERS JULY 1, 2021 - JUNE 30, 2024 This page intentionally left blank WCE MOU 2021 - 2024 2 This page intentionally left blank WCE MOU 2021 - 2024 i TABLE OF CONTENTS 1 GENERAL PROVISIONS ....................................................................................................... 1 1.1 INTRODUCTION ............................................................................................................................... 1 1.1.1 Scope of Agreement .................................................................................................................... 1 1.1.2 Term of MOU ............................................................................................................................... 1 1.2 RECOGNITION ................................................................................................................................ 1 1.2.1 Bargaining Unit ............................................................................................................................ 1 1.2.2 Notice to Employees .................................................................................................................... 1 1.3 NON-DISCRIMINATION .................................................................................................................... 1 1.3.1 In General .................................................................................................................................... 1 1.3.2 Union Discrimination .................................................................................................................... 2 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ....................................................................... 2 1.5 EXISTING LAWS, REGULATIONS & POLICIES .................................................................................... 2 1.6 STRIKES & LOCKOUTS ................................................................................................................... 2 1.7 SEVERABILITY ............................................................................................................................... 2 1.8 PREVAILING RIGHTS ....................................................................................................................... 2 1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................................................. 2 1.9.1 Understanding ............................................................................................................................. 2 1.9.2 Waiver & Modification .................................................................................................................. 2 2 MMBA ......................................................................................................................................... 3 2.1 UNION RIGHTS ............................................................................................................................... 3 2.1.1 Union Stewards Designation ....................................................................................................... 3 2.1.2 Bulletin Boards ............................................................................................................................. 3 2.1.3 Association Orientation of New Employees ................................................................................. 3 2.1.4 Employee Information .................................................................................................................. 3 2.2 DUES DEDUCTION .......................................................................................................................... 3 2.2.1 Collection of Dues ........................................................................................................................ 3 2.2.2 Dues Collection during Separation from Employment ................................................................. 4 2.2.3 Agency Shop ............................................................................................................................... 4 2.2.4 Indemnification ............................................................................................................................. 4 2.3 M ANAGEMENT RIGHTS ................................................................................................................... 4 2.4 COMMENCEMENT OF NEGOTIATIONS ............................................................................................... 5 3 COMPENSATION .................................................................................................................... 5 3.1 GENERAL WAGES AND COMPENSATION .......................................................................................... 5 3.1.1 Pay Dates .................................................................................................................................... 5 3.1.2 General Wage Increase ............................................................................................................... 6 3.1.3 One-Time Payments .................................................................................................................... 6 3.1.4 Compensation Goal & Definitions ................................................................................................ 6 3.1.5 Compensation Surveys ................................................................................................................ 7 3.1.6 Compensation Plan ..................................................................................................................... 7 3.1.7 Fair Labor Standards Act ............................................................................................................. 7 3.2 STEP INCREASES ........................................................................................................................... 7 3.2.1 Entry Level Step .......................................................................................................................... 7 3.2.2 Consideration for Step Increases ................................................................................................ 8 3.2.3 Merit Increases ............................................................................................................................ 8 3.2.4 Anniversary Date ......................................................................................................................... 8 3.2.5 Promotions ................................................................................................................................... 8 3.2.6 Performance Evaluations ............................................................................................................. 8 3.3 SALARY CHANGE ON RECLASSIFICATION ........................................................................................ 8 3.3.1 To a Lower Classification ............................................................................................................. 8 3.3.2 To a Different Classification with the Same Salary Range .......................................................... 9 3.3.3 To a Higher Classification ............................................................................................................ 9 3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS .......................................................................... 9 WCE MOU 2021 - 2024 ii 3.4.1 Out of Class Compensation ......................................................................................................... 9 3.4.2 Shift Differential Pay .................................................................................................................... 9 3.5 ADDITIONAL PAY ........................................................................................................................... 9 3.5.1 Required Professional Licenses and Registration ....................................................................... 9 3.5.2 Professional Development ......................................................................................................... 10 3.5.3 Allowable Expenses ................................................................................................................... 10 3.5.4 Procedures for Reimbursement ................................................................................................. 10 3.5.5 Bilingual Pay .............................................................................................................................. 11 3.5.6 Uniform Allowance ..................................................................................................................... 11 4 BENEFITS ............................................................................................................................... 11 4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................ 11 4.2 HEALTH & WELFARE.................................................................................................................... 12 4.2.1 Full Flex Cafeteria Plan ............................................................................................................. 12 4.2.2 Retirees Health Insurance ......................................................................................................... 13 4.2.3 Pro Rata Benefit Rules .............................................................................................................. 13 4.2.4 Health and Dependent Care Spending Accounts ...................................................................... 13 4.2.5 Health Insurance Providers ....................................................................................................... 14 4.3 DENTAL PLAN .............................................................................................................................. 14 4.3.1 Dental Plan ................................................................................................................................ 14 4.4 VISION PLAN ................................................................................................................................ 14 4.5 RETIREMENT CONTRIBUTION ........................................................................................................ 14 4.5.1 Member Contribution ................................................................................................................. 14 4.5.2 Retirement Plans ....................................................................................................................... 15 4.5.3 Member Cost of Living Rates .................................................................................................... 15 4.5.4 Service Credit for Sick Leave .................................................................................................... 15 4.5.5 Pension Committee ................................................................................................................... 15 4.6 STATE DISABILITY INSURANCE (SDI) ............................................................................................ 15 4.7 DEFERRED COMPENSATION .......................................................................................................... 16 5 LEAVES ................................................................................................................................... 17 5.1 SICK LEAVE ................................................................................................................................. 17 5.1.1 Eligibility ..................................................................................................................................... 17 5.1.2 Sick Leave Accrual .................................................................................................................... 17 5.1.3 Use of Sick Leave ...................................................................................................................... 17 5.1.4 Advance of Sick Leave .............................................................................................................. 17 5.1.5 Compensation for Unused Sick Leave ...................................................................................... 17 5.2 VACATION LEAVE......................................................................................................................... 18 5.2.1 Eligibility ..................................................................................................................................... 18 5.2.2 Rate of Accrual .......................................................................................................................... 18 5.2.3 Administration of Vacation Leave .............................................................................................. 18 5.2.4 Vacation Cash-In ....................................................................................................................... 19 5.3 HOLIDAYS.................................................................................................................................... 19 5.3.1 Paid Holidays ............................................................................................................................. 19 5.4 OTHER LEAVES ........................................................................................................................... 19 5.4.1 Bereavement Leave ................................................................................................................... 19 5.4.2 Jury Duty .................................................................................................................................... 20 5.4.3 Military Leave ............................................................................................................................. 20 5.4.4 Leave of Absence Without Pay ................................................................................................. 20 5.4.5 Industrial Injury Leave ................................................................................................................ 20 5.4.6 Family Medical Leave ................................................................................................................ 21 5.4.7 Catastrophic Leave .................................................................................................................... 21 6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 21 6.1 HOURS OF WORK .......................................................................................................................... 21 6.2 OVERTIME ................................................................................................................................... 21 6.3 COMPENSATORY TIME POLICY ..................................................................................................... 21 6.3.1 Accrual Limit .............................................................................................................................. 21 WCE MOU 2021 - 2024 iii 6.3.2 Overtime Rate ............................................................................................................................ 22 6.4 STAND BY OR CALL BACK DUTY .................................................................................................. 22 6.4.1 Compensation When Not Assigned to Call Back Duty .............................................................. 22 6.5 PROBATIONARY PERIOD ............................................................................................................... 22 6.5.1 Purpose of Probation ................................................................................................................. 22 6.5.2 Probationary Period ................................................................................................................... 22 6.5.3 Rejection During Probation ........................................................................................................ 22 6.5.4 Notification of Rejection ............................................................................................................. 22 6.5.5 Extension of Probationary Period .............................................................................................. 22 6.5.6 Regular Status ........................................................................................................................... 22 6.5.7 Promotion of Probationary Employee ........................................................................................ 22 6.5.8 Unsuccessful Passage of Promotional Probation...................................................................... 23 6.5.9 Lateral Transfer Probation ......................................................................................................... 23 6.6 TRANSFERS / REASSIGNMENTS .................................................................................................... 23 6.6.1 Minimum Qualifications & Probation .......................................................................................... 23 6.6.2 Transfer Procedures .................................................................................................................. 23 6.7 PERSONNEL RULES & REGULATIONS............................................................................................ 24 6.7.1 Drug & Alcohol Policy ................................................................................................................ 24 6.7.2 Confidential Nature of Personnel Records ................................................................................ 24 6.7.3 Confidential Nature of Medical Records .................................................................................... 24 6.7.4 Outside Employment Policy ....................................................................................................... 24 6.7.5 Use of City Vehicle .................................................................................................................... 24 6.7.6 Safety Policy .............................................................................................................................. 24 6.8 MISCELLANEOUS ......................................................................................................................... 24 6.8.1 Gratuities/Solicitation of Contributions ....................................................................................... 24 6.8.2 Return of City Equipment ........................................................................................................... 24 6.8.3 Political Activity .......................................................................................................................... 24 6.8.4 Employment of Relatives ........................................................................................................... 25 6.8.5 Labor / Management Meetings .................................................................................................. 25 6.8.6 Contract Orientation Work Sessions ......................................................................................... 25 6.8.7 Gym Reimbursement ................................................................................................................. 25 7 PROCEDURES ......................................................................................................................... 25 7.1 DEMOTION & SUSPENSION ........................................................................................................... 25 7.1.1 Demotion.................................................................................................................................... 25 7.1.2 Suspension ................................................................................................................................ 25 7.2 TERMINATION OF EMPLOYMENT .................................................................................................... 26 7.2.1 Resignation ................................................................................................................................ 26 7.2.2 Termination - Layoff (Lack of work or funds) ............................................................................. 26 7.2.3 Termination - Disciplinary Action ............................................................................................... 26 7.2.4 Retirement ................................................................................................................................. 26 7.2.5 Rejection During Probation ........................................................................................................ 26 7.3 DISCIPLINARY ACTION .................................................................................................................. 26 7.3.1 Right to Discipline & Discharge ................................................................................................. 26 7.3.2 Preliminary Notice ...................................................................................................................... 27 7.3.3 Disciplinary Action and Appeal .................................................................................................. 27 7.3.4 Harassment Policy ..................................................................................................................... 27 7.4 GRIEVANCE PROCEDURE ............................................................................................................. 28 7.4.1 Definition .................................................................................................................................... 28 7.4.2 Procedure .................................................................................................................................. 28 7.4.3 Arbitration................................................................................................................................... 29 7.4.4 General Provisions .................................................................................................................... 29 7.5 POSITION RECLASSIFICATION ....................................................................................................... 30 7.6 FURLOUGH PROGRAM .................................................................................................................. 30 7.6.1 Voluntary Time Off (VTO) .......................................................................................................... 30 7.6.2 Mandatory Time Off (MTO) ........................................................................................................ 30 7.7 REDUCTION IN FORCE .................................................................................................................. 31 WCE MOU 2021 - 2024 iv 7.7.1 Authority ..................................................................................................................................... 31 7.7.2 Notice ......................................................................................................................................... 31 7.7.3 Order of Layoff ........................................................................................................................... 31 7.7.4 Seniority ..................................................................................................................................... 31 7.7.5 Bumping Rights ......................................................................................................................... 32 7.7.6 Transfer Rights .......................................................................................................................... 32 7.8 RE-EMPLOYMENT ........................................................................................................................ 32 7.8.1 General Guidelines .................................................................................................................... 32 7.8.2 Right to Re-Employment ............................................................................................................ 32 7.8.3 Time Limits................................................................................................................................. 32 7.8.4 Availability .................................................................................................................................. 32 7.8.5 Probationary Status ................................................................................................................... 32 7.8.6 Restoration of Benefits .............................................................................................................. 33 7.8.7 Layoff Procedure Notification..................................................................................................... 33 LIST OF EXHIBITS Exhibit A Salary Schedules for July 1, 2021 – June 30, 2024 Exhibit B Classification/Compensation Summary: Benchmark Linkages WCE MOU 2021 - 2024 1 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and WESTERN COUNCIL OF ENGINEERS This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2021 and ending June 30, 2024. 1 GENERAL PROVISIONS 1.1 INTRODUCTION 1.1.1 Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called "CITY") and the Engineering Unit employees as represented by the Western Council of Engineers (herein-after called "WCE") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. 1.1.2 Term of MOU This agreement shall be in effect from July 1, 2021 through June 30, 2024. 1.2 RECOGNITION 1.2.1 Bargaining Unit The City hereby recognizes the Western Council of Engineers as the bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the WCE. (As referenced in Exhibit "A" and “B” attached). 1.2.2 Notice to Employees Whenever a person is hired in any of the job classifications set forth herein, the City shall notify such person that the Western Council of Engineers is the recognized bargaining representative for employees in that classification. 1.3 NON-DISCRIMINATION 1.3.1 In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, marital status, medical condition or disability. Any employee alleging such discrimination should use the internal administrative process explained in the City Policy against WCE MOU 2021 - 2024 2 Harassment, Discrimination and Retaliation which is available on the City’s Intranet website to redress the situation. Such employees shall be entitled to WCE representation but are not entitled to seek redress using the grievance procedure of this MOU. 1.3.2 Union Discrimination No member, official, or representative of the WCE shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of WCE. 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and the WCE agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. 1.5 EXISTING LAWS, REGULATIONS & POLICIES This agreement is subject to all applicable laws of the State of California, and ordinances, regulations, and policies of the City of San Rafael. 1.6 STRIKES & LOCKOUTS During the term of this Memorandum, the City agrees that it will not lock out employees, and the WCE agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The WCE will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. 1.7 SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet-and-confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 1.8 PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding shall remain in full force and effect throughout the term of this Agreement. 1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1 Understanding The parties jointly represent to the City Council that this Memorandum of Understanding set forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2 Waiver & Modification Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be WCE MOU 2021 - 2024 3 required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring by mutual agreement. 2 MMBA 2.1 UNION RIGHTS 2.1.1 Union Stewards Designation The WCE shall, by written notice to the City Manager, designate certain of its members as WCE Officers. WCE Officers shall be permitted reasonable time for WCE activities including grievance representation. In all cases, the Officers shall secure permission from the Officer’s supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld. WCE Officers for salary discussions shall be in accordance with the Meyers-Milias-Brown (MMB) Act. 2.1.2 Bulletin Boards Authorized representatives of the WCE shall be allowed to post WCE notices on specified bulletin boards maintained on City premises. 2.1.3 Association Orientation of New Employees Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will inform the employee, as soon as possible, of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available up to two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City for its members. 2.1.4 Employee Information The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date. 2.2 DUES DEDUCTION 2.2.1 Collection of Dues The City agrees to deduct dues and voluntary WCE deductions selected by members as established by the WCE, from the salaries of its members. The sums so withheld shall be remitted by the City, without delay, along with a list of employees and their respective dues and voluntary deductions. The WCE bears responsibility for allocating dues and voluntary deductions pursuant to employees’ requests. WCE MOU 2021 - 2024 4 2.2.2 Dues Collection during Separation from Employment The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from the WCE by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the WCE. The term separation includes transfer out of the WCE, layoff, and leave without pay absences with a duration of more than five (5) working days. 2.2.3 Agency Shop The parties hereto recognize that, within the Agency shop provisions of this agreement, WCE employees may opt to join the WCE or register as a fee payer during the first thirty (30) days of their employment. Neither the City nor the WCE will discriminate against any employee because of the exercise of their statutory rights. The WCE agrees to its obligation to represent all of the employees in the unit fairly and equally, without regard to their membership in the WCE. All employees, as a condition of employment, either be required to belong to the WCE or to pay to the WCE an amount equal to a fair share percentage of that which would be paid by an employee who decides to become a member of the WCE at the time of employment. Note: The WCE is obligated to annually inform the City of the fair share amount. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fees check off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over WCE dues. The WCE shall notify the City in writing as to the amount of such dues uniformly required of all members of the WCE. 2.2.4 Indemnification Moneys withheld by the City shall be transmitted to the Treasurer of the WCE at the address specified. The WCE shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the WCE shall refund to the City any amount paid to it in error upon presentation of supporting evidence. 2.3 MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy; 2. To determine the existence of facts which are the basis of the management decision; 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services; 4. To determine the nature, manner, means, technology and extent of services to be provided to the public; WCE MOU 2021 - 2024 5 5. Methods of financing; 6. Types of equipment or technology to be used; 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; 8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (after effects bargaining) to contract for or subcontract any work or operation of the City; 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; 10. To relieve employees from duties for lack of work or other legitimate reasons; 11. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this MOU; 12. To determine job classifications and to reclassify employees; 13. To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations; 14. To determine policies, procedures and standards for selection, training and promotion of employees; 15. To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith; 16. To maintain order and efficiency in its facilities and operations; 17. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement; 18. To take any and all necessary action to carry out the mission of the City in emergencies. The City and the Union agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights. 2.4 COMMENCEMENT OF NEGOTIATIONS It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the Union through the submittal of potential meeting dates. 3 COMPENSATION 3.1 GENERAL WAGES AND COMPENSATION 3.1.1 Pay Dates City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a payday, the payday will be transferred to the following day of regular WCE MOU 2021 - 2024 6 business unless Finance is able to complete the payroll by the previous workday. The method of the distributing payroll shall be established by the Director of Finance. The City will modify its pay schedule to 26 pay periods effective when administratively feasible subject to addressing of technical issues and reaching of agreement with all bargaining groups. 3.1.2 General Wage Increase Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension, which was implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to all WCE positions and is reflected in the attached revised salary schedules, effective on July 1, 2021. The City shall provide the following salary increases for the listed positions in each year of the MOU, with Year 1 salary increases to become effective July 1, 2021; or, on the first pay period after Council’s approval – whichever occurs later in time. Junior Engineer: • 1.6% general salary increase plus 0.9% equity adjustment in Year 1 (2.50% total) • 1.6% general salary increase plus 2.40% equity adjustment in Year 2 (4.00% total) • 1.6% general salary increase plus 1.65% equity adjustment in Year 3 (3.25% total) Assistant Engineer, Associate Civil Engineer, Engineering Technician I/II, Senior Civil Engineer (PW), Traffic Engineer and Traffic Engineering Technician I/II: • 1.6% general salary increase plus 0.65% equity adjustment in Year 1 (2.25% total) • 1.6% general salary increase plus 2.15% equity adjustment in Year 2 (3.75% total) • 1.6% general salary increase plus 1.40% equity adjustment in Year 3 (3.00% total) Salary rates for all bargaining unit positions are shown in the salary table attached as Exhibit A. 3.1.3 One-Time Payments Effective the pay period including July 1, 2021 or the first full pay period following Council ratification of a new MOU, whichever occurs later, each employee in the bargaining unit will receive a one-time payment of $2,250 in exchange for the elimination of the Revenue Sharing provision from the MOU. This payment will not contribute to Classic or PEPRA employees’ pensions and is subject to normal payroll taxation. 3.1.4 Compensation Goal & Definitions It is the goal of the City Council to try to achieve a total compensation package for all employees represented by the WCE in an amount equal to the following: 1. The average plus one dollar to the total compensation paid to the same or similar classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro, Alameda, Napa, Novato, Santa Rosa and, 2. The highest total compensation paid to the same or similar classifications in the following agencies in Marin County: Marin County, Novato and the Jr. Engineering class for the Marin Municipal Water District. WCE MOU 2021 - 2024 7 Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. The CPI shall be the percentage change in the San Francisco-Oakland-San Jose Area All Urban Consumer index as published by the Bureau of Labor Statistics for the one-year period ending each October during the term of the contract. 3.1.5 Compensation Surveys To measure progress towards the above-stated goal, the City and WCE will jointly survey the identified benchmark position, Junior Engineer, in February of the final year of the contract. Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements. Survey data will include all salary and benefit increases, as defined in 'total compensation'. The City and the WCE shall review the benchmark and related survey data for accuracy and completeness. 3.1.6 Compensation Plan The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. All initial employments shall be at the first step of the salary range. The City Manager or his/her designee may authorize, upon the recommendation of the Appointing Authority, a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step 3.1.7 Fair Labor Standards Act The City may reopen negotiations during the term of this Agreement to address changes in the law governing the regular rate of pay under the FLSA. 3.2 STEP INCREASES 3.2.1 Entry Level Step All initial employment shall be at the first step of the salary range, provided that the Department Director may make an appointment to a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of WCE MOU 2021 - 2024 8 the class and justifies a beginning salary in excess of the first step. City Manager approval is required for entry level appointment above Step C for any position. 3.2.2 Consideration for Step Increases An employee may be considered for a salary step increase in accordance with the time interval established in the salary plan, as referenced in Exhibit "A". Unless otherwise noted, salary step increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/her duties. 3.2.3 Merit Increases Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Director and approved by the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. 3.2.4 Anniversary Date Based upon job performance as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date. When an employee is promoted or reclassified to a new position, the first pay date at the new position shall constitute the employee’s new anniversary date for purposes of the annual Performance Evaluation. 3.2.5 Promotions Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range). 3.2.6 Performance Evaluations Prior to the completion of the probationary period, a minimum of one performance evaluation report shall be reviewed with the employee, but such report and review shall not be required prior to separating an employee during the probationary period. Upon completion of the probationary period, a performance report shall be prepared and reviewed yearly thereafter for each employee in the Classified Service, as a means of determining whether in-grade salary increases are merited, and/or as a means of improving employee performance and communication between supervisors and subordinates. 3.3 SALARY CHANGE ON RECLASSIFICATION If an occupied position is reclassified, the incumbent shall be affected as outlined below: 3.3.1 To a Lower Classification When a position is re-allocated to a lower classification the incumbent is either: 1. Transferred to a vacant position in the former classification; or 2. If the incumbent's current salary is greater than the top step of the lower classification, Y- rated at the current salary until the salary of the lower classification is at or above the Y- rate. WCE MOU 2021 - 2024 9 3.3.2 To a Different Classification with the Same Salary Range When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/she shall be paid at the same step of the range and shall maintain the same salary rights. 3.3.3 To a Higher Classification When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate salary pay plan. If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion. 3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 3.4.1 Out of Class Compensation Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility for Out-of-Class compensation requires a minimum assignment of five (5) consecutive workdays. The out-of-class increase shall be retroactive to the first day of the assignment. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater. The Department Director is required to complete a Personnel Action Report (PAR), located on the Human Resources page of the Intranet, to initiate Out-of-Class Compensation. 3.4.2 Shift Differential Pay • A three percent (3%) shift differential shall be paid for all employees in these represented bargaining groups who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m. • A five percent (5%) shift differential shall be paid for all employees in these represented bargaining groups who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 11:00 p.m. and 7:00 a.m. • Employees in job classes not identified in this section who are assigned to work the swing or graveyard shift time periods on a temporary basis and/or on an overtime basis are excluded from shift differential pay for those time periods. • Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. 3.5 ADDITIONAL PAY 3.5.1 Required Professional Licenses and Registration The City shall continue to reimburse employees for the fee charged by the State of California for any renewal fees for their professional registration(s) as a Civil or Traffic Engineer, or for any other engineering registrations which employees may hereafter receive, which are required by WCE MOU 2021 - 2024 10 the employee’s position. Verification of the renewal of the professional registration is required in order to receive the reimbursement. 3.5.2 Professional Development For each year of this MOU, each employee shall receive reimbursement up to a maximum of five hundred dollars ($500.00) for professional development. The monies allocated under this section shall be job-related and/or related to an employee’s potential career advancement in his/her field. It is agreed that the Professional Development Expenditure is not a substitute for the Public Works’ Department’s training budget. Bargaining Unit Members are eligible for up to two (2) working days per fiscal year to further their professional development that is directly relevant to their employment with the City. Employees must submit requests for the time out of the office at least three (3) weeks in advance and obtain supervisor and/or director approval. Should the request be denied, the employee may submit the request in advance to Human Resources for appeal, whose decision will be final. These two (2) days are intended to be used when an employee wants to pay for their own professional development opportunity. Professional development opportunities that the department agrees to sponsor will be considered separate from these two (2) days out of the office and will be designated as working time and will not be counted against the two additional working days described above in this section. 3.5.3 Allowable Expenses Reimbursement under this Section is intended to include items which relate to an employee’s job classification and/or which promote and enhance an employee’s development of skills, expertise and education in her/his profession. The items may include, but are not limited to the following: • Technical and educational books, including electronic books, publications and coursework; • Subscriptions to professional journals or magazines, including on-line subscriptions; • Membership dues to professional organizations which are related to current employment, including but not limited to the American Society of Civil Engineers, traffic engineering associations and water engineering issues-related associations; • Registration, application, or examination fees for registration or certification within his/her profession, as well as for preparatory courses or materials for such a registration exam; • Tuition, fees and books for successful completion of courses related to an employee’s job or professional development including webinars and on-line courses. If the course is graded, reimbursement will be dependent upon at least a passing grade (C or better, Pass or Complete) in the course; Registration fees, materials and expenses, including travel expenses, related to attendance at seminars and conferences to be job related and/or will assist the employee to prepare for career advancement, prior supervisor approval is necessary for this expense. 3.5.4 Procedures for Reimbursement All receipts for reimbursement, whatever the aggregate value, must be submitted as soon as possible after the expense is incurred, but must, in any event, be submitted before the end of the fiscal year. The decision as to whether expenditures under this section are eligible for reimbursement under this section will be made by the Department Director or designee, in consultation with the WCE MOU 2021 - 2024 11 Human Resources Director. Requests for reimbursements will not be unreasonably denied. If the request for reimbursement is denied, the Department Director or designee must state, in writing, the reasons for the denial. The employee and a representative of WCE, if requested by the employee, shall meet with the Department Director or designee and Human Resources Director to discuss the reasons for the denial, and the employee will have an opportunity to state why such reimbursement is appropriate. 3.5.5 Bilingual Pay Within the job classifications represented by the WCE, provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language. Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material. An employee can petition to his/her Department Director for this bilingual pay incentive. With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager the employee may begin to receive this bilingual pay incentive. Criteria for approval of the bilingual pay incentive by the City Manager includes: a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments. An employee approved for the bilingual pay incentive shall receive an additional $150.00 per month above their base salary. Part-time employees will be pro-rated for this incentive based on their FTE. This bilingual pay incentive shall be reviewed annually and shall continue as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments. Removal of the bilingual pay incentive would be considered a non-disciplinary action and as such would not be subject to any appeal/grievance procedure. 3.5.6 Uniform Allowance The safety shoe allowance of $170.00/year will be discontinued and the $170.00/year will be added to base pay effective July 2014. 4 BENEFITS 4.1 EMPLOYEE BENEFITS COMMITTEE Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, SEIU-Childcare, Western Council of Engineers, Local 1 - Confidential, Police, Police Mid-Management, Fire, Fire Mid-Management, Mid-Management and Management employees. WCE MOU 2021 - 2024 12 4.2 HEALTH & WELFARE 4.2.1 Full Flex Cafeteria Plan Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the plan. The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be: For employee only: $ 835.94 For employee and one dependent: $1,671.91 For employee and two or more dependents: $1,814.57 The “employee only” allowance will be frozen at $835.94. This amount is ineligible for the following flex dollar increase until this amount is less than 100% of the Kaiser premium. Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. Conditional Opt-Out Arrangement: An employee may elect to waive the City’s health insurance coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance. The City shall be responsible for paying premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit. WCE MOU 2021 - 2024 13 The City shall be responsible for paying premiums for a Long-Term Disability Policy for each employee that satisfies the eligibility provisions of the long-term disability policy. The Long-Term Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $1,000 per month. 4.2.2 Retirees Health Insurance Employees represented by WCE who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s retiree group health insurance program offered through PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. a. Employees hired on or before January 1, 2010 - The City shall make a retiree health insurance payment on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this Section. The City’s total payment, which includes the PEMHCA minimum contribution, shall not exceed $752 per month. The City’s retiree health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage. Employees receive the pro-rated amount based on their status at the time of retirement. For example: if an employee works part-time, and retires while working part-time, then the employee receives a pro-rated contribution based on the employee’s part-time status at the point of retirement. b. Employees hired on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City’s group health insurance program. The City’s maximum contribution towards retiree coverage under this subsection, 4.2.3 B, shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner, or dependents upon the employee’s retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS. The City shall additionally make available a retiree health care trust to enable these employees (hired after January 1, 2010) to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 125 hours of sick leave after the conversion. 4.2.3 Pro Rata Benefit Rules Employees covered by this Agreement who work less than full time but more than twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro-rated leave benefits; b) a pro-rated share of the monthly dollar contribution made by the City to be used for enrollment in City offered group health, life, and long term disability insurance plans which the employee may be eligible for based upon the regular hours the employee works, and c) pro-rated share shall be equivalent to the part time employee position’s ratio of hours worked to full time equivalency. 4.2.4 Health and Dependent Care Spending Accounts The City will offer as part of its Section 125 Plan, for as long as such a plan is desired by the WCE and available pursuant to the IRS Code, Health and Dependent Care Spending Accounts. The Flexible Spending Accounts offered by the City include: WCE MOU 2021 - 2024 14 a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2003 at IRS Code limit, not to exceed $2,500. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. b. Dependent Care Spending Account: Dependent care expenses that qualify under the IRS Code at the IRS Code limit (currently $5,000 per calendar year). Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. c. Premium Only Plan: Excess Medical premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code. The City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in a. and/or b. The City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process. 4.2.5 Health Insurance Providers The City shall have the option, after meeting and consulting with WCE representatives, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program. 4.3 DENTAL PLAN 4.3.1 Dental Plan The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per patient per calendar year and orthodontic coverage for eligible dependents (50/50). The dental provider will provide payments for covered services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each enrollee in each calendar year. Dental insurance enrollment is available to part time, regular, permanent employees working at least 20 hours per week. The City’s contribution towards the monthly dental insurance premium will be prorated based on the FTE level of the part time employee. 4.4 VISION PLAN The City will contract for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment. 4.5 RETIREMENT CONTRIBUTION 4.5.1 Member Contribution WCE members shall pay the full share of the employee's contribution to the Marin County Retirement System. Effective when feasible in accordance with MCERA and City administrative requirements, all unit employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees WCE MOU 2021 - 2024 15 Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The City of San Rafael acknowledges that, under its current practice, the employee’s share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change. 4.5.2 Retirement Plans On July 1, 2004, the City provided the Marin County Employee Retirement Association 2.7% at 55-retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. 4.5.3 Member Cost of Living Rates Association members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.5.4 Service Credit for Sick Leave Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation at the time of retirement pursuant to Section 5.1.5. Compensation for Unused Sick Leave). Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of any accrued, unused sick leave for retirement purposes. 4.5.5 Pension Committee A representative of the Union will participate in the City-wide pension committee. 4.6 STATE DISABILITY INSURANCE (SDI) Employees will have the full premium cost for SDI or PFL coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status, within HIPAA guidelines, and eligibility for SDI or PFL. With this notification, SDI or PFL benefits, as WCE MOU 2021 - 2024 16 determined by the State, shall be integrated with accrued sick and vacation leave in the following manner: 1. Employee notifies supervisor of disability and need for time off. At the same time, employee files for SDI or PFL through the State Office. 2. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period. 3. Personnel Action Report (PAR) is completed by the supervisor to document request and approval of extended leave. 4. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to discuss availability of coordination of SDI or PFL with leave benefits. 5. Once the employee begins receiving SDI or PFL compensation, the City will begin its integration. The City will do this by reducing the amount of SDI or PFL compensation from the employee’s normal compensation. The balance will be paid using available sick hours. If an employee exhausts sick leave, the balance will be paid using vacation or other accrued leave. 6. When an employee receives the first SDI or PFL payment (issued via an EDD debit card) and statement, the employee must provide a copy of the statement and a personal check to the City for the amount of the SDI or PFL payment that is received. The City will then restore the sick or other accrued leave hours reflected in the SDI or PFL payment. To determine the leave hours to be restored, the City will divide the SDI or PFL payment by the employee’s hourly rate. 7. Once the City has determined the amount of the ongoing SDI or PFL payment, the City will automatically reduce the employee’s compensation by the amount of the state payment and apply the necessary amount of sick leave or other accrued leave as appropriate to equal full pay for the duration of the leave. The employee’s combined compensation from SDI or PFL and accrued leave may not exceed 100% of regular pay. 8. The Human Resources Department, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Excluding qualifying FMLA/CFRA leave, once the employee is on LWOP they will keep any SDI payments received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an exception and are referenced under Section 5.4.6. 4.7 DEFERRED COMPENSATION Effective simultaneously with the above-described increase in employee contribution by one percent (1%) to be contributed toward the normal cost of pension benefits provided by MCERA as described in Article 4.4.1, the City will contribute one percent (1%) of pensionable compensation toward a City-provided, deferred compensation plan. WCE MOU 2021 - 2024 17 5 LEAVES 5.1 SICK LEAVE 5.1.1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Director according to department Rules and Regulations at the beginning of his/her daily duties. The City has the right to request a medical verification from an employee who is absent from his/her duties for two (2) or more consecutive workdays. The verification shall be either a physician's certificate or the employee's personal affidavit verifying the employee’s eligibility for sick leave. 5.1.2 Sick Leave Accrual All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount, but a cap exists for payoff purposes (see Section 5.1.5.). The sick leave accrual rate is prorated for eligible part time employees. 5.1.3 Use of Sick Leave An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1) Personal illness or physical incapacity of the employee or illness within the immediate family. Family is defined as an employee’s spouse, registered domestic partner, parent, parent-in-law, grandparent, grandchild, sibling or unmarried children including adopted children, stepchildren, or recognized natural children who live with the employee in a regular parent-child relationship.; 2) Enforced quarantine of the employee in accordance with community health regulations; 3) Medical appointments that cannot be scheduled during non-working hours. 5.1.4 Advance of Sick Leave Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un-accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave. 5.1.5 Compensation for Unused Sick Leave Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing shall receive compensation for all accumulated unused sick leave based upon the following formula: a rate of three percent (3%) for each year of service (i.e., 3% times number of employment service years). The maximum number of accumulated, unused sick leave an employee may be compensated for upon termination of employment is 600 hours. See Section 4.5.4 regarding Service Credit option for accumulated, unused sick leave that the employee is not compensated for upon termination. WCE MOU 2021 - 2024 18 5.2 VACATION LEAVE 5.2.1 Eligibility Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Department Director. 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service. (Each service year in the chart begins on the first working day and ends on the last days of the service year.) Service Year Annual Hours Hours/Month 1-3 75.000 6.2500 4 112.500 9.3700 5 117.867 9.8222 6 123.234 10.2695 7 128.601 10.7167 8 133.968 11.1640 9 139.335 11.6110 10 144.702 12.0580 11 150.000 12.5000 12 157.500 13.1250 13 165.000 13.7500 14 172.500 14.3750 15 180.000 15.0000 16+ 187.500 15.6250 When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Department Director, may advance vacation credits to any permanent regular and permanent part-time employee. No employee may accrue more than 250 hours. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by employee’s Department Director with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee. The maximum amount of vacation leave that may be taken at any given time shall be that amount that has accrued to the employee concerned, subject to the Department Director’s approval. The minimum amount of vacation that may be taken at any given time shall be one- half (1/2) hour. Vacation leave granted by the City and used by an employee shall be deducted from the employee’s vacation leave bank. WCE MOU 2021 - 2024 19 In the event that one or more City holidays falls within an annual vacation leave, only those hours that the employee is regularly scheduled to work shall be charged against any employee’s accrued vacation. Upon termination, an employee shall be compensated in cash at his/her current rate of pay for any vacation accrued but not taken, up to the maximum accrual cap, provided that the employee has successfully completed his/her initial probationary period. 5.2.4 Vacation Cash-In An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months may request, in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period. 5.3 HOLIDAYS 5.3.1 Paid Holidays All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked. When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed. The following holidays will be observed: January 1st New Year’s Day The third Monday in January Martin Luther King Jr. Day The third Monday in February Washington’s Birthday March 31st Cesar Chavez Day The last Monday in May Memorial Day July 4th Independence Day The first Monday in September Labor Day November 11th Veteran’s Day The fourth Thursday in November Thanksgiving Day The fourth Friday in November Day after Thanksgiving December 25th Christmas Day In addition to designated holidays, employees in this Unit receive two (2) floating holidays. Floating holidays not used are added to employee's vacation balance. Part-time employees will be paid for holidays on a pro-rated basis. 5.4 OTHER LEAVES 5.4.1 Bereavement Leave In the event of the death of an employee's spouse, registered domestic partner, child, parent, sibling, in-laws, relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to five (5) days may be granted for bereavement leave. WCE MOU 2021 - 2024 20 In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Department Director as part of the request for bereavement leave. 5.4.2 Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.3 Military Leave Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the Department Director an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.4.4 Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay. 5.4.5 Industrial Injury Leave For benefits under Workers’ Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources’ Department coordinates benefits for Workers’ Compensation claims. For further information, see the City’s Workers’ Compensation policy located on the Intranet (https://intranet.cityofsanrafael.org). All regular, full time employees of the City who have suffered any disability arising out of and in the course of their employment as defined by the Workers’ Compensation Insurance and Safety Act of the State of California, may be entitled to compensation, as follows: Temporary disability payments (TD) are made when a physician reports an employee is unable to perform their job duties and the City cannot accommodate any restrictions. The employee is not entitled to TD for the first 3 days of disability unless the employee is hospitalized as an in- patient, or off for more than 14 days. In this case, the employee shall be entitled to remain absent from duty with pay for these first 3 days. TD is set by State law and is based on potential wages lost (full or partial) due to the injury. It is approximately two-thirds of full salary with state- mandated minimums and maximums. The City, however, augments regular employees’ disability payments to bring them to full salary for the first three (3) calendar months and to ¾ pay for the next 6 months. Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. All other employees shall be entitled to such compensation as may be allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California. Sick Leave Usage Post Industrial Injury/Illness The following rule applies to employees who have an accepted industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined: WCE MOU 2021 - 2024 21 • The employee has reached maximum medical improvement and/or has been determined “permanent and stationary.” • The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred, next steps would include: • The interactive process; attempt to locate other appropriate employment within the City • If none available, proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. 5.4.6 Family Medical Leave Union members agree to adhere to the provisions of the City’s Family Medical Leave Policy which is available on the City’s Intranet Website. 5.4.7 Catastrophic Leave Catastrophic leave shall be in accordance with City Catastrophic Leave Policy which is available on the City’s Intranet website. 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 HOURS OF WORK The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5 hours per day. 6.2 OVERTIME Overtime shall mean actual time authorized and worked beyond thirty-seven and one-half (37.5) hours in a regular work week. A work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is compensable to the nearest half -hour, and must have prior authorization and approval of the Department Director. Each Department Director shall have the authority to designate certain job classifications for mandatory overtime in emergencies. In the event the Department Director determines that there is a staffing need during an emergency, the Department Director shall first make a reasonable effort to seek qualified volunteers to work overtime during the emergency. If the Department Director determines that there are an insufficient number of volunteers, or if time constraints prevent the soliciting of volunteers, the Department Director may order employees in the designated classifications (may vary depending on the emergency but primarily relates to job classifications in the Street Division of Public Works) to report to work in overtime status to address the emergency. 6.3 COMPENSATORY TIME POLICY With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules: 6.3.1 Accrual Limit Employees may accrue up to 125 hours of compensatory time after which said employee must accept overtime pay in lieu of accruing additional compensatory time. WCE MOU 2021 - 2024 22 6.3.2 Overtime Rate Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half, subject to the limitations in Section 6.3.1. Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it. 6.4 STAND BY OR CALL BACK DUTY 6.4.1 Compensation When Not Assigned to Call Back Duty When an employee not assigned to standby duty is called back to duty, the employee shall receive compensation for a minimum of four (4) hours. 6.5 PROBATIONARY PERIOD 6.5.1 Purpose of Probation After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 6.5.2 Probationary Period The probationary period on original and promotional appointment shall be for one (1) year. Employees shall receive verbal feedback from their immediate supervisor throughout the probationary period. 6.5.3 Rejection During Probation During the probationary period, an employee may be rejected at any time by the Appointing Authority without the right of appeal. 6.5.4 Notification of Rejection On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Human Resources Director of his/her intention to terminate the employee. After discussion with the Human Resources Director, the Appointing Authority shall notify employee in writing of his/her rejection. 6.5.5 Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 6.5.6 Regular Status Regular status shall commence with the day following the expiration date of the probationary period. 6.5.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. WCE MOU 2021 - 2024 23 6.5.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 6.5.9 Lateral Transfer Probation Voluntary transfers to another job classification, within the same salary range, shall require a six (6) month probationary period. In the event of unsuccessful passage of this period refer to Section 6.5.8. 6.6 TRANSFERS / REASSIGNMENTS Transfers may be within the same department (intra-departmental) or between departments (inter-departmental). The requirements for each are as follows: a. Intra-departmental transfers. The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classification with the same salary range, in the same division or to another division of the same department (at any time and for any duration). b. Inter-departmental transfers. An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. c. Voluntary Transfers. An employee may make a written request for transfer to the Human Resources Director to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Director(s) and the approval of the City Manager. 6.6.1 Minimum Qualifications & Probation Any persons transferred to a different position shall possess the minimum qualifications for the position. 6.6.2 Transfer Procedures The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Directors, involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency. Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Department. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list. WCE MOU 2021 - 2024 24 6.7 PERSONNEL RULES & REGULATIONS The WCE agrees to adhere to the City’s Personnel Rules and Regulations located on the City’s Intranet website. 6.7.1 Drug & Alcohol Policy The City and the WCE agree to the non-DOT general drug and alcohol policy. A copy is available with the City’s policies and on the City’s Intranet website. 6.7.2 Confidential Nature of Personnel Records All personnel records and files and examination materials are confidential. The Human Resources Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq. Individual employees may review their official personnel file maintained by the Human Resources Department and/or respective appointing authority. With the written consent of the employee, the authorized representative of the recognized employee organization may also review that personnel file. 6.7.3 Confidential Nature of Medical Records All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Department. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq. 6.7.4 Outside Employment Policy Outside Employment shall be in accordance with the City’s Outside Employment Policy which is available on the City’s Intranet website. 6.7.5 Use of City Vehicle Public Works Supervisors, at the direction of the Department Director, will be allowed to take a City vehicle home in emergency conditions. 6.7.6 Safety Policy The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards and shall adopt and use methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment. 6.8 MISCELLANEOUS 6.8.1 Gratuities/Solicitation of Contributions Gratuities and/or solicitation of contributions are not allowed. Employees should refer to the City's Personnel Rules and Regulations. 6.8.2 Return of City Equipment Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned to the employee’s supervisor before leaving City employment. 6.8.3 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. WCE MOU 2021 - 2024 25 6.8.4 Employment of Relatives Employment of relatives shall be governed by the City's Personnel Rules and Regulations. 6.8.5 Labor / Management Meetings During the term of the Agreement, the City and the WCE agree that consultation meetings may contribute to improved employer-employee relations. Issues relating to the usage of volunteers and temporary/part-time/seasonal employees, promotional opportunities, and the implementation of safety programs will serve as a basis for initial agenda items to be discussed and acted upon. The committee shall be comprised of two (2) representatives from the Western Council of Engineers and representatives from City Management as well as the WCE Executive Director and the Human Resources Director. The parties agree that committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 7.4 Grievance Procedures. 6.8.6 Contract Orientation Work Sessions The City and the WCE agree that the individuals having responsibility for the enforcement of the Agreement, WCE Stewards and Department Directors/Supervisors shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities. 6.8.7 Gym Reimbursement Employees are eligible to receive up to $16.50 per month reimbursement for paid gym membership, personal recreation league fees or fitness-related recreation facility fees. Such reimbursement shall be processed annually and reported as taxable income to the employee. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7.1.1 Demotion The Appointing Authority may demote an employee when the following occurs: a. The employee FAILS to perform his/her required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy shall be filed with the Human Resources Department. Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Article 7.3, "Disciplinary Action." 7.1.2 Suspension The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary Action". WCE MOU 2021 - 2024 26 7.2 TERMINATION OF EMPLOYMENT 7.2.1 Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Human Resources Department. 7.2.2 Termination - Layoff (Lack of work or funds) The City will not layoff any employees in the bargaining unit between July 1, 2011 and December 31, 2011, unless the City is subject to significant revenue reduction (a reduction of one percent (1%) or more in General Fund revenue) due to state cuts or reduction in other revenue sources. The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made. 7.2.3 Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 7.3, "Disciplinary Action". 7.2.4 Retirement Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. 7.2.5 Rejection During Probation An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal. 7.3 DISCIPLINARY ACTION 7.3.1 Right to Discipline & Discharge Upon completion of the designated probationary period, an employee shall be designated as a non-probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging during the term of this Memorandum of Understanding in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll documents or WCE MOU 2021 - 2024 27 other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimical to the public service; inability or refusal to provide medical statement on cause of illness or disability. 7.3.2 Preliminary Notice A non-probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective. Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice. Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Director has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his right to proceed to Step 4 of the Grievance Procedure. 7.3.3 Disciplinary Action and Appeal After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee shall have ten (10) days to appeal this matter to the City Manager. The City Manager shall investigate the matter, conduct an informal hearing if the City Manager deems it appropriate and, within ten (10) days thereafter, respond to the allegations in writing. For pre-termination disciplinary action of suspension and reduction in pay, the decision of the City Manager shall be final and binding. For disciplinary demotions and discharges only, if this matter remains unresolved, the WCE may, by written notice to the Human Resources Director within ten (10) days after the receipt of the City Manager’s response, inform the City that the WCE wishes to appeal the decision to demotion or discharge to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Mediation and Conciliation Service containing nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. As used herein, the word “days” shall be deemed to mean City established working days for non-safety employees. 7.3.4 Harassment Policy It is the City’s intent and purpose to provide all officials, employees, applicants, and contractors with an environment that is free from any form of harassment, discrimination or retaliation. Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City’s Intranet website. WCE MOU 2021 - 2024 28 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition 1) Grievance is a dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding. All ordinances, resolutions, rules and regulations, which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure. 2) Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City. 3) Grievant may be an individual employee or a group of employees or the Union on the behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship. 4) Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision. 7.4.2 Procedure Step 1. Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. Within five (5) days thereafter the immediate supervisor shall investigate and respond to the allegations of the grievant. Step 2. If the grievant is not satisfied with the resolution at Step 1 the grievant must reduce the grievance to writing and present it to the Department Director within five (5) days. The written grievance shall contain a statement of facts about the nature of the grievance, and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant. The Department Director shall confer with the grievant and within ten (10) days respond to the allegations in writing. Step 3. If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager. The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days, thereafter, respond to the allegations in writing. Step 4. If the grievance remains unresolved after Step 3, the Union may, by written notice to the City Human Resources Department within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing. WCE MOU 2021 - 2024 29 Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. 7.4.3 Arbitration The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and he/she may call, recall and examine witnesses, as he/she deems proper. The burden of proof shall be upon the WCE in grievance matters and upon the City in disciplinary discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, the WCE and any employee(s) involved in the grievance or disciplinary demotion or discharge. The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant and what the proper remedy, if any, shall be, or, in the case of disciplinary discharge matters, whether the City allegations are accurate and the appropriateness of the disciplinary demotion or discharge. The fees and expenses of the arbitrator shall be shared equally by the WCE and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests; then the costs will be shared equally. 7.4.4 General Provisions 1. Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the WCE or the City. 2. A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and to have access to all information regarding the basis of the grievance upon which the City relies in making its determinations. 3. If a grievant, or the WCE on behalf of the grievant, fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be deemed withdrawn unless the parties have mutually agreed to an extension of timelines. If a supervisor or manager fails to respond with an answer within the given period of time, the grievant may appeal to the next higher level. The parties may by mutual agreement waive the steps in the procedure. 4. If a hearing is held during work hours of employee witnesses, such employees shall be released from duties, without loss of pay or benefits, to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings. 5. The Human Resources Department shall act as the central repository for all grievances. 6. Time limits contained herein may be extended by mutual agreement of the parties. Absence for bona fide reasons by a grievant, the WCE Executive Director or any WCE MOU 2021 - 2024 30 management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence. 7.5 POSITION RECLASSIFICATION Reclassification of positions covered by this MOU shall be in accordance with the City’s Reclassification Policy available on the City’s Intranet website 7.6 FURLOUGH PROGRAM Both the City of San Rafael and the WCE recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit, the City of San Rafael and the WCE have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs, however, in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). 7.6.1 Voluntary Time Off (VTO) The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting at least a 5% reduction of hours through the VTO would receive “float” days as described in Section 7.6.2. (4.a.). 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. 4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with review of the Department Director and approval of the City Manager and such approval shall be revocable should the City determine that the impact of the absence can not be absorbed by the Department. Prior to revoking approval, the City will contact the employee and review pertinent information which would impact the employee’s ability to return to work. Should the City need to remove additional VTO, such removal would be considered a non-disciplinary action and would not be subject to any appeal/grievance procedure. 7.6.2 Mandatory Time Off (MTO) MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager) and after consultation with WCE. a. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will not impact Marin County retirement calculations of average compensation or service credit as the City and employee will continue to fund the full amounts. If the Marin County Retirement Association changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement Association, WCE MOU 2021 - 2024 31 make the necessary change in the program's administration to correspond with the change in the policy. 3. MTO time shall apply toward time in service for step increases and completion of probation. 4. Other Terms and Conditions: a) The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time. b) Float time accrued through the MTO Program must be taken in the next fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period. c) Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and WCE agree to re-open negotiations on this Furlough Plan. 7.7 REDUCTION IN FORCE 7.7.1 Authority The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. 7.7.2 Notice Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be notified. 7.7.3 Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. For WCE represented engineering positions, the classifications will be Engineering Technician I/II, Traffic Engineering Technician I/II, Assistant Engineer, Associate Engineer, Senior Associate Engineer, Land Development Engineer, Civil Engineer, Traffic Engineer separately. Each classification stands alone for purpose of layoffs. Any layoff will be based on seniority within the classification and will be implemented in the following order: extra hire employees, probationary employees and regular employees. In effecting the preceding order, a part-time regular employee with more seniority can displace a full-time regular employee. 7.7.4 Seniority Probationary employees will always be laid off before employees who have regular status in a classification. If two or more employees within a classification have achieved regular status, such employees will be laid off or reduced on the following basis: a. Seniority within the classification will be determinative. Any layoffs in these classes will be based on overall seniority in the classification, not on the basis of any working title or currently assigned duties. WCE MOU 2021 - 2024 32 b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. 7.7.5 Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, for which he or she qualifies or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished. 7.7.6 Transfer Rights The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in Section 7.7.2, but no longer than the effective date of such layoff or reduction. 7.8 RE-EMPLOYMENT 7.8.1 General Guidelines Individuals who have been laid off or demoted shall be offered re-appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. 7.8.2 Right to Re-Employment Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 7.8.3 Time Limits Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 7.8.4 Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 7.8.5 Probationary Status Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment. WCE MOU 2021 - 2024 33 7.8.6 Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. 7.8.7 Layoff Procedure Notification Once the decision has been made to reduce the workforce per this MOU, the City will meet with the union to review and receive feedback on the procedure to be used to inform and process the lay-offs. The information gained in this meeting from the union by the City will be advisory and not binding. WCE MOU 2021 - 2024 1 WESTERN COUNCIL OF ENGINEERS CITY OF SAN RAFAEL Nancy Watson, Western Council of Engineers Tim Davis, Lead Negotiator Attorney, Burke Williams Sorensen Shawn Graf, Junior Engineer Sylvia Gonzalez-Shelton HR Operations Manager Willie Lagleva, Traffic Engineering Technician Thomas Wong, Analyst Date Date Grade Position A B C D E 7333 Assistant Engineer 7,871$ 8,265$ 8,678$ 9,112$ 9,568$ 7229 Associate Civil Engineer 8,689$ 9,123$ 9,580$ 10,059$ 10,562$ 7277 Engineering Technician I 5,579$ 5,858$ 6,150$ 6,458$ 6,781$ 7230 Engineering Technician II 6,304$ 6,619$ 6,950$ 7,298$ 7,663$ 7330 Junior Engineer 6,319$ 6,635$ 6,967$ 7,316$ 7,681$ 2311 Senior Civil Engineer (PW)10,062$ 10,565$ 11,093$ 11,648$ 12,230$ 7331 Traffic Engineer 8,689$ 9,123$ 9,580$ 10,059$ 10,562$ 4793 Traffic Engineering Technician I 5,579$ 5,858$ 6,150$ 6,458$ 6,781$ 4792 Traffic Engineering Technician II 6,304$ 6,619$ 6,950$ 7,298$ 7,663$ WCE - San Rafael Salary Schedule Effective July 1, 2021 Exhibit A Grade Position A B C D E 7333 Assistant Engineer 8,167$ 8,575$ 9,004$ 9,454$ 9,927$ 7229 Associate Civil Engineer 9,015$ 9,466$ 9,939$ 10,436$ 10,958$ 7277 Engineering Technician I 5,788$ 6,077$ 6,381$ 6,700$ 7,035$ 7230 Engineering Technician II 6,540$ 6,867$ 7,211$ 7,571$ 7,950$ 7330 Junior Engineer 6,572$ 6,901$ 7,246$ 7,608$ 7,989$ 2311 Senior Civil Engineer (PW)10,439$ 10,961$ 11,509$ 12,085$ 12,689$ 7331 Traffic Engineer 9,015$ 9,466$ 9,939$ 10,436$ 10,958$ 4793 Traffic Engineering Technician I 5,788$ 6,077$ 6,381$ 6,700$ 7,035$ 4792 Traffic Engineering Technician II 6,540$ 6,867$ 7,211$ 7,571$ 7,950$ WCE - San Rafael Salary Schedule Effective July 1, 2022 Exhibit A Grade Position A B C D E 7333 Assistant Engineer 8,412$ 8,832$ 9,274$ 9,737$ 10,224$ 7229 Associate Civil Engineer 9,285$ 9,750$ 10,237$ 10,749$ 11,286$ 7277 Engineering Technician I 5,961$ 6,260$ 6,572$ 6,901$ 7,246$ 7230 Engineering Technician II 6,737$ 7,074$ 7,427$ 7,799$ 8,188$ 7330 Junior Engineer 6,786$ 7,125$ 7,481$ 7,855$ 8,248$ 2311 Senior Civil Engineer (PW)10,753$ 11,290$ 11,855$ 12,447$ 13,070$ 7331 Traffic Engineer 9,285$ 9,750$ 10,237$ 10,749$ 11,286$ 4793 Traffic Engineering Technician I 5,961$ 6,260$ 6,572$ 6,901$ 7,246$ 4792 Traffic Engineering Technician II 6,737$ 7,074$ 7,427$ 7,799$ 8,188$ WCE - San Rafael Salary Schedule Effective July 1, 2023 Exhibit A Exhibit B City of San Rafael Engineering Unit Employees as represented by WCE Classification/Compensation Summary Current Benchmark Title % Difference from Benchmark Senior Civil Engineer (PW) 59.62% Associate Civil Engineer 37.83% Traffic Engineer 37.83% Senior Associate Engineer 31.18% Assistant Civil Engineer 24.86% Junior Engineer Engineering Technician II 0 Traffic Technician II 0 Engineering Technician I -11.51% Traffic Technician I -11.51% 1 Side Letter Between Western Council of Engineers (WCE) and The City of San Rafael July 19, 2021 In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. Additionally, and in accordance with Governor Gavin Newsom’s Executive Order(s), which severely curtailed and/or outright closed commercial establishments, the City temporarily closed its offices for an undetermined amount of time and established remote work options for its non-public safety workforce in order to continue serving the needs of the community. The City utilizes the services of HDL to provide sales tax forecasts and tax revenue projections. HDL advised the City in the Spring of 2020, that it should be prepared for unprecedented financial losses, in an amount upwards of $12M over the next 18 months. In anticipation of these dire financial circumstances, the City exercised its management rights under MOU section 7.6 and implemented a Citywide furlough for all non-safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid the need to implement reductions in force in the future. Two significant things changed during fiscal year 20-21: 1. In the fall of 2020, the Measure R passed, which is expected to increase the City’s annual sales tax revenues by approximately $4M, which the City will begin receiving at the end of FY 20-21, and 2. In the first quarter of 2021, HDL’s sales tax revenue forecasts significantly changed for the better and the revenue losses initially expected due to the pandemic, luckily did not materialize. Based on the two above changes in financial condition, the City is projecting a financial surplus for fiscal year 20-21, therefore the City is willing to issue repayments to employees who were furloughed over the last year. The City is pleased that it is in the financial position to do so. The circumstances that make it possible for the City to reimburse employees for the furlough at this time are extremely unique in nature. The City retains the management right under MOU section 7.6 in the future to implement a furlough if needed. The City does not commit to any future reimbursement of the furlough monies and considers this one-time offer to reimburse the FY 20-21 as non-precedential. Thus, the City now grants to each employee in the bargaining group a one-time re-payment equal to the amount they would have received had the furlough not occurred. In exchange for receiving these funds, employees will not be entitled to 3 days of float under MOU section 7.6.2 subsection 4. The furlough repayment amount for each employee will be calculated based on their individual actual furlough reduction amounts that were deducted from each employee’s paycheck during FY 20-21. The furlough repayment amounts range from approximately $700 - $4,000, depending upon the individual position. The City already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20-21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and it is subject to 2 normal payroll taxation. The actual total dollar amount to be reimbursed to the members of this bargaining unit is $17,500. FOR WCE: FOR THE CITY OF SAN RAFAEL: _______________________________ ____________________________________ Nancy Watson, Chief Negotiator Cristine Alilovich, Chief Negotiator Western Council of Engineers (WCE) Assistant City Manager _______________________________ ____________________________________ Willie Lagleva Sylvia Gonzalez-Shelton Traffic Engineering Technician II HR Operations Manager _______________________________ Shawn Graf Junior Engineer ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.c Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: APPROVAL OF THE NEW MEMORANDUM OF UNDERSTANDING WITH SEIU LOCAL 1021 & FURLOUGH REIMBURSEMENT SIDE LETTER SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 1021 (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER RECOMMENDATION: Adopt Resolution. BACKGROUND: SEIU Local 1021 represents 125.36 full-time equivalent (FTE) positions in departments across the City. The most recent Memorandum of Understanding (“MOU”) for SEIU expired on June 30, 2020 and was extended by side letter through June 30, 2021. Over the past several months, representatives of the City and SEIU have met in good faith and worked diligently to negotiate the terms of a successor MOU. The City and SEIU Local 1021 reached a tentative agreement on June 24, 2021, for a three-year successor MOU and SEIU Local 1021 membership subsequently ratified the tentative agreement. ANALYSIS: The following are the highlights that reflect the terms and significant economic items included in the agreement between the City and SEIU. In addition to the economic items, some operational items were also addressed in the final agreement, all of which can be found in the attached successor MOU. 1. Term of the Agreement: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual classification salary increase percentages may be lower or higher than the percentages listed below, based on the amount of labor market adjustment agreed to for each position in the bargaining unit. The salary schedule included in the attached successor MOU authorizes the proposed new salary for each position. a. Year 1: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2021 b. Year 2: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2022 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 c. Year 3: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2023 3. New Positions: During successor MOU negotiations, the City proposed a reorganization of the Finance Department and the Digital Service and Open Government Department. Certain SEIU classifications were proposed to be deleted and added through the reorganization. The Parties satisfied their obligations to meet and confer over the impacts of the City’s planned reorganization in good faith and in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to the reorganization implementation steps via a side letter agreement. The new position classification/job descriptions and salary ranges are included in the attachments to the proposed MOU. 4. Non-Economic Items: In addition to items discussed above, agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all the changes agreed to by the parties. Furlough Repayment Side Letter In addition to the attached successor MOU, a side letter is attached that outlines the terms mutually agreed upon by the City and SEIU regarding the repayment of the furlough which was implemented in fiscal year 20-21. In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. In anticipation of dire financial circumstances, the City exercised its management rights under MOU section 7.6 and implemented a Citywide furlough for all non-safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid the need to implement reductions in force in the future. Year-end review of the FY 20/21 budget shows that the City’s projected revenue losses anticipated due to the pandemic fortunately did not materialize as expected and the City is projecting a financial surplus for fiscal year 20-21. As a result, the City is in a financial position at this time to issue repayments to employees who were furloughed over the last year. The circumstances that make it possible for the City to reimburse employees for the furlough are extremely uniq ue in nature and this one-time reimbursement for FY 20-21 is non-precedential. The City will issue a one-time re-payment equal to the actual furlough reduction amount taken by each employee in the bargaining group for FY 20/21. The City already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20-21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and the repayment amount is subject to normal payroll taxation. The individual furlough repayment amounts range from approximately $350 - $5,500, depending upon the individual position. The total amount of the furlough repayment for the bargaining group is $304,200. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 125.36 FTE employees of SEIU Local 1021 is $16,654,895. The additional ongoing incremental cost of the successor MOU beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $348,866 $339,611 $329,770 Other costs: Pension* $164,806 $160,441 $156,365 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Taxes (Medicare, W/C) $ 20,014 $ 19,524 $ 19,298 Total Incremental Cost: $533,686 $519,576 $505,433 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. While the incremental cost is $533,686 for fiscal year 2021-2022, $519,576 for fiscal year 2022-2023, and $505,433 for fiscal year 2023-24, the increases are compounding and therefore the projected wages and other costs total $3,145,643, plus $304,200 in one-time costs for the furlough repayment, totaling $3,449,843 for the three-year term. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the resolution to approve the Memorandum of Understanding between the City of San Rafael and SEIU Local 1021 pertaining to compensation and working conditions (July 1, 2021 through June 30, 2024) and the Furlough Reimbursement Side Letter. ATTACHMENTS: 1. Resolution with attached MOU between City of San Rafael and SEIU Local 1021 for July 1, 2021 to June 30, 2024 (and all attachments). 2. Furlough Reimbursement Side Letter RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND SEIU LOCAL 1021 (SEIU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FURLOUGH REIMBURSEMENT SIDE LETTER WHEREAS, the SEIU Local 1021 (SEIU) labor agreement with the City expired on June 30, 2021 after a one-year extension; and WHEREAS, the City of San Rafael and representatives of SEIU have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from July 1, 2021 through June 30, 2024 has been ratified by SEIU members; and WHEREAS, a side letter has been mutually agreed upon by the City and SEIU regarding the repayment of the furlough which was implemented in fiscal year 20-21; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one -time reimbursement for FY 20-21 is non-precedential; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and SEIU Local 1021 (SEIU) shall utilize the MOU for the period beginning July 1, 2021, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SEIU. Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full. Section 3: One-time repayment of the furlough shall be made per the agreed upon Furlough Reimbursement Side Letter. 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 19th of July 2021, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _____________________________ Lindsay Lara, City Clerk MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SEIU Local 1021 JULY 1, 2021 - JUNE 30, 2024 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SEIU Local 1021 JULY 1, 2021 - JUNE 30, 2024 1 SEIU 2021-2024 Table of Contents 1 GENERAL PROVISIONS ....................................................................................................... 5 1.1 INTRODUCTION ............................................................................................................................... 5 1.1.1 Scope of Agreement .................................................................................................................... 5 1.1.2 Term of MOU ............................................................................................................................... 5 1.2 RECOGNITION ................................................................................................................................ 5 1.2.1 Bargaining Unit ............................................................................................................................ 5 1.2.2 Notice to Employees .................................................................................................................... 5 1.3 NON-DISCRIMINATION .................................................................................................................... 5 1.3.1 In General .................................................................................................................................... 5 1.3.2 Union Discrimination .................................................................................................................... 6 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ....................................................................... 6 1.5 EXISTING LAWS, REGULATIONS & POLICIES .................................................................................... 6 1.6 STRIKES & LOCKOUTS ................................................................................................................... 6 1.7 SEVERABILITY ............................................................................................................................... 6 1.8 PREVAILING RIGHTS ....................................................................................................................... 6 1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................................................. 6 1.9.1 Understanding ............................................................................................................................. 6 1.9.2 Waiver & Modification .................................................................................................................. 6 2 MMBA ......................................................................................................................................... 7 2.1 UNION RIGHTS ............................................................................................................................... 7 2.1.1 Union Stewards Designation ....................................................................................................... 7 2.1.2 Bulletin Boards ............................................................................................................................. 7 2.1.3 New Members .............................................................................................................................. 7 2.1.4 Employee Information .................................................................................................................. 7 2.2 DUES DEDUCTION .......................................................................................................................... 7 2.2.1 Collection of Dues ........................................................................................................................ 7 2.2.2 Dues Collection during Separation from Employment ................................................................. 7 2.2.3 Indemnification ............................................................................................................................. 8 2.3 M ANAGEMENT RIGHTS ................................................................................................................... 8 2.4 COMMENCEMENT OF NEGOTIATIONS ............................................................................................... 9 3 COMPENSATION .................................................................................................................... 9 3.1 GENERAL WAGES AND COMPENSATION .......................................................................................... 9 3.1.1 Pay Dates .................................................................................................................................... 9 3.1.2 General Wage Increase ............................................................................................................... 9 3.1.3 Compensation Goal & Definitions .............................................................................................. 10 3.1.4 Compensation Surveys .............................................................................................................. 11 3.1.5 Compensation Plan ................................................................................................................... 11 3.2 STEP INCREASES ......................................................................................................................... 11 3.2.1 Entry Level Step ........................................................................................................................ 11 3.2.2 Consideration for Step Increases .............................................................................................. 11 3.2.3 Merit Increases .......................................................................................................................... 11 3.2.4 Anniversary Date ....................................................................................................................... 12 3.2.5 Promotions ................................................................................................................................. 12 3.2.6 Performance Evaluations ........................................................................................................... 12 3.3 SALARY CHANGE ON RECLASSIFICATION ...................................................................................... 12 3.3.1 To a Lower Classification ........................................................................................................... 12 3.3.2 To a Different Classification with the Same Salary Range ........................................................ 12 3.3.3 To a Higher Classification .......................................................................................................... 12 3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS ........................................................................ 13 3.4.1 Out of Class Compensation ....................................................................................................... 13 3.4.2 Shift Differential Pay .................................................................................................................. 13 3.4.3 Court Pay ................................................................................................................................... 13 2 SEIU 2021-2024 3.5 ADDITIONAL PAY ......................................................................................................................... 14 3.5.1 Educational Reimbursement – Miscellaneous Unit ................................................................... 14 3.5.2 Educational Reimbursement – Supervisory Unit ....................................................................... 14 3.5.3 Bilingual Pay – Miscellaneous Employees ................................................................................ 14 3.5.4 Bilingual Pay – Supervisory Unit................................................................................................ 15 3.5.5 Garage Employees Uniform Maintenance Program .................................................................. 15 3.5.6 Sewer Employees Uniform Maintenance Program ................................................................... 15 3.5.7 Uniform Allowance ..................................................................................................................... 15 3.5.8 Uniform Jacket Cleaning Allowance .......................................................................................... 16 3.5.9 Mechanical Tool Allowance ....................................................................................................... 17 3.5.10 Holiday Pay ................................................................................................................................ 17 4 BENEFITS ............................................................................................................................... 17 4.1 EMPLOYEE BENEFITS COMMITTEE ................................................................................................ 17 4.2 HEALTH & WELFARE.................................................................................................................... 17 4.2.1 Full Flex Cafeteria Plan ............................................................................................................. 17 4.2.2 Retirees Health Insurance ......................................................................................................... 18 4.2.3 Health and Dependent Care Spending Accounts ...................................................................... 19 4.2.4 Health Insurance Providers ....................................................................................................... 19 4.3 DENTAL PLAN .............................................................................................................................. 19 4.4 VISION CARE PLAN ...................................................................................................................... 20 4.5 LIFE INSURANCE .......................................................................................................................... 20 4.6 LONG TERM DISABILITY INSURANCE ............................................................................................. 20 4.7 RETIREMENT CONTRIBUTION ........................................................................................................ 20 4.7.1 City Paid Employee Retirement (City Paid Member Contribution) ............................................ 20 4.7.2 Retirement Plans ....................................................................................................................... 20 4.7.3 Member Cost of Living Rates .................................................................................................... 20 4.8 STATE DISABILITY INSURANCE (SDI) ............................................................................................ 21 5 LEAVES ..................................................................................................................................... 21 5.1 SICK LEAVE ................................................................................................................................. 21 5.1.1 Eligibility ..................................................................................................................................... 21 5.1.2 Sick Leave Accrual .................................................................................................................... 22 5.1.3 Use of Sick Leave ...................................................................................................................... 22 5.1.4 Advance of Sick Leave .............................................................................................................. 22 5.1.5 Service Credit for Sick Leave .................................................................................................... 22 5.1.6 Compensation for Unused Portion ............................................................................................ 22 5.2 VACATION LEAVE......................................................................................................................... 23 5.2.1 Eligibility ..................................................................................................................................... 23 5.2.2 Rate of Accrual .......................................................................................................................... 23 5.2.3 Administration of Vacation Leave .............................................................................................. 23 5.2.4 Vacation Cash-In ....................................................................................................................... 24 5.3 HOLIDAYS.................................................................................................................................... 24 5.3.1 Paid Holidays ............................................................................................................................. 24 5.4 OTHER LEAVE ............................................................................................................................. 25 5.4.1 Personal Leave – Supervisory Unit ........................................................................................... 25 5.4.2 Safety Holiday ............................................................................................................................ 25 5.4.3 Bereavement Leave ................................................................................................................... 25 5.4.4 Jury Duty .................................................................................................................................... 25 5.4.5 Military Leave ............................................................................................................................. 25 5.4.6 Leave of Absence Without Pay ................................................................................................. 26 5.4.7 Industrial Injury Leave ................................................................................................................ 26 5.4.8 Family Medical Leave ................................................................................................................ 26 5.4.9 Catastrophic Leave .................................................................................................................... 26 6 TERMS & CONDITIONS OF EMPLOYMENT ................................................................. 27 6.1 HOURS OF WORK ......................................................................................................................... 27 6.2 OVERTIME ................................................................................................................................... 27 3 SEIU 2021-2024 6.3 COMPENSATORY TIME POLICY ..................................................................................................... 27 6.3.1 Accrual Limit .............................................................................................................................. 27 6.3.2 Overtime Rate ............................................................................................................................ 27 6.4 STAND BY OR CALL BACK DUTY .................................................................................................. 28 6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation ............ 28 6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department .............................. 28 6.4.3 Compensation When Not Assigned to Call Back Duty .............................................................. 29 6.4.4 Minimum Payment for Call Out .................................................................................................. 29 6.4.5 Standby Residency and Cell Phones ........................................................................................ 29 6.5 DOT AND CLASS B REQUIREMENTS ............................................................................................. 29 6.6 PROBATIONARY PERIOD .................................................................................................................... 30 6.6.1 Purpose of Probation ................................................................................................................... 30 6.6.2 Length of Probationary Period ..................................................................................................... 30 6.6.3 Rejection During Probation .......................................................................................................... 30 6.6.4 Notification of Rejection ............................................................................................................... 30 6.6.5 Extension of Probationary Period ................................................................................................ 30 6.6.6 Regular Status ............................................................................................................................. 30 6.6.7 Promotion of Probationary Employee .......................................................................................... 30 6.6.8 Unsuccessful Passage of Promotional Probation ....................................................................... 30 6.6.9 Lateral Transfer Probation ........................................................................................................... 31 6.7 TRANSFERS / REASSIGNMENTS ........................................................................................................... 31 6.7.1 Types of Transfers ....................................................................................................................... 31 6.7.2 Minimum Qualifications & Probation ............................................................................................ 31 6.7.3 Transfer Procedures .................................................................................................................... 31 6.8 PERSONNEL RULES & REGULATIONS ................................................................................................. 31 6.8.1 Drug & Alcohol Policy .................................................................................................................. 32 6.8.2 Confidential Nature of Personnel Records .................................................................................. 32 6.8.3 Confidential Nature of Medical Records ...................................................................................... 32 6.8.4 Outside Employment Policy ......................................................................................................... 32 6.8.5 Use of City Vehicle ...................................................................................................................... 32 6.8.6 Wireless Communication Policy .................................................................................................. 32 6.8.7 Safety Policy ................................................................................................................................ 32 6.8.8 Materials Relating to Disciplinary Action ..................................................................................... 32 6.9 MISCELLANEOUS ................................................................................................................................ 33 6.9.1 Hazardous Materials .................................................................................................................... 33 6.9.2 Gratuities / Solicitation of Contributions ....................................................................................... 33 6.9.3 Return of City Equipment............................................................................................................. 33 6.9.4 Political Activity ............................................................................................................................ 33 6.9.5 Employment of Relatives ............................................................................................................. 33 6.9.6 Labor / Management Meetings .................................................................................................. 33 6.9.7 Contract Orientation Work Sessions ......................................................................................... 34 6.9.8 Temp Seasonal Employees ....................................................................................................... 34 6.9.9 Gym Reimbursement ................................................................................................................. 34 7 PROCEDURES ....................................................................................................................... 34 7.1 DEMOTION & SUSPENSION ........................................................................................................... 34 7.1.1 Demotion.................................................................................................................................... 34 7.1.2 Suspension ................................................................................................................................ 34 7.2 TERMINATION OF EMPLOYMENT .................................................................................................... 34 7.2.1 Resignation ................................................................................................................................ 34 7.2.2 Termination - Layoff (Lack of work or funds) ............................................................................. 35 7.2.3 Termination - Disciplinary Action ............................................................................................... 35 7.2.4 Retirement ................................................................................................................................. 35 7.2.5 Job Abandonment ...................................................................................................................... 35 7.3 DISCIPLINARY ACTION .................................................................................................................. 35 7.3.1 Right to Discipline & Discharge ................................................................................................. 35 7.3.2 Preliminary Notice ...................................................................................................................... 36 4 SEIU 2021-2024 7.3.3 Disciplinary Action and Appeal .................................................................................................. 36 7.3.4 Harassment Policy ..................................................................................................................... 36 7.4 GRIEVANCE PROCEDURE ............................................................................................................. 36 7.4.1 Definition .................................................................................................................................... 36 7.4.2 Procedure .................................................................................................................................. 37 7.4.3 Arbitration................................................................................................................................... 37 7.4.4 General Provisions .................................................................................................................... 38 7.5 POSITION RECLASSIFICATION ....................................................................................................... 38 7.6 FURLOUGH PROGRAM .................................................................................................................. 38 7.6.1 Voluntary Time Off (VTO) .......................................................................................................... 39 7.6.2 Mandatory Time Off (MTO) ........................................................................................................ 39 7.7 REDUCTION IN FORCE .................................................................................................................. 40 7.7.1 Authority ..................................................................................................................................... 40 7.7.2 Notice ......................................................................................................................................... 40 7.7.3 Order of Layoff ........................................................................................................................... 40 7.7.4 Seniority ..................................................................................................................................... 40 7.7.5 Bumping Rights ......................................................................................................................... 41 7.7.6 Transfer Rights .......................................................................................................................... 41 7.7.7 Layoff Procedure Notification..................................................................................................... 41 7.8 RE-EMPLOYMENT ........................................................................................................................ 41 7.8.1 General Guidelines .................................................................................................................... 41 7.8.2 Right to Re-Employment ............................................................................................................ 41 7.8.3 Time Limits................................................................................................................................. 41 7.8.4 Availability .................................................................................................................................. 41 7.8.5 Probationary Status ................................................................................................................... 41 7.8.6 Restoration of Benefits .............................................................................................................. 42 LIST OF EXHIBITS Exhibit A Salary Schedule for July 1, 2021 – June 30, 2024 Exhibit B Benchmarks and Internal Relationships Table 5 SEIU 2021-2024 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SEIU LOCAL 1021 This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2021 and ending June 30, 2024. 1 GENERAL PROVISIONS 1.1 INTRODUCTION 1.1.1 Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually a greed upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and SEIU 1021 (herein-after called "UNION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. 1.1.2 Term of MOU This agreement shall be in effect from July 1, 2021 through June 30, 2024 1.2 RECOGNITION 1.2.1 Bargaining Unit City hereby recognizes Union as bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the Miscellaneous and Supervisory Bargaining Units. (As referenced in Exhibit "A" attached). 1.2.2 Notice to Employees Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that the Union is the recognized bargaining representative for employees in that classification. 1.3 NON-DISCRIMINATION 1.3.1 In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, perceived sexual orientation, gender, gender expression, gender identity, marital status, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history) or physical or mental disability. Any employee alleging such 6 SEIU 2021-2024 discrimination should use the internal, administrative process explained in the City of San Rafael’s Policy against Harassment, Discrimination and Retaliation to redress the situation. Such employees shall be entitled to Union representation. 1.3.2 Union Discrimination No member, official, or representative of the Union shall, in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Union. 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. 1.5 EXISTING LAWS, REGULATIONS & POLICIES This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and policies of the City of San Rafael. 1.6 STRIKES & LOCKOUTS During the term of this Memorandum, the City agrees that it will not lock out employees, and the Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. 1.7 SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet -and-confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 1.8 PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect throughout the term of this Agreement. 1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1 Understanding The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2 Waiver & Modification Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be 7 SEIU 2021-2024 required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring by mutual agreement. 2 MMBA 2.1 UNION RIGHTS 2.1.1 Union Stewards Designation The Union shall, by written notice to the City Manager, designate certain of its members as Union Stewards. Union Stewards shall be permitted reasonable time for Union activities including grievance representation. In all cases, the Stewards shall secure permission from the Stewards’ supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld. Union Stewards for salary discussions shall be in accordance with the Meyers-Milias-Brown (MMBA) Act. 2.1.2 Bulletin Boards Authorized representatives of the Union shall be allowed to post Union notices on specified bulletin boards maintained on City premises. 2.1.3 New Members Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Union, the City will inform the employee, as soon as possible, of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available up to 30 minutes, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Union. The City and the Union intend that time (i.e., up to 30 minutes) will occur at employee orientation whenever possible. The City will provide reasonable advance notice to the Union of employee orientations conducted by the City. 2.1.4 Employee Information The City shall provide the Union with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Union every 120 days. In addition, a report with similar information of each Union new hire will be provided to the Union within 30 days of the hire date. 2.2 DUES DEDUCTION 2.2.1 Collection of Dues City agrees to deduct dues and voluntary union deductions selected by members, as established by the Union, from the salaries of its members. The sums so withheld shall be remitted by City, without delay, along with a list of employees and their respective dues and voluntary deductions. Union bears responsibility for allocating dues and voluntary deductions pursuant to employees’ requests. 2.2.2 Dues Collection during Separation from Employment The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from the representation Unit by any such employee but shall reapply to such employee commencing 8 SEIU 2021-2024 with the next full pay period following the return of the employee to the representation Unit. The term “separation” includes transfer out of the Unit, layoff, and leave without pay absences with a duration period of more than five (5) working days. 2.2.3 Indemnification Moneys withheld by the City shall be transmitted to the Treasurer of the Union at the address specified. The Union shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence. 2.3 MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and excessively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy; 2. To determine the existence of facts which are the basis of the management decision; 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services; 4. To determine the nature, manner, means, technology and extent of services to be provided to the public; 5. Methods of financing; 6. Types of equipment or technology to be used; 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; 8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (after effect bargaining) to contract for or subcontract any work or operation of the City; 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; 10. To relieve employees from duties for lack of work or other legitimate reasons; 11. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this MOU; 12. To determine job classifications and to reclassify employees; 13. To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations; 14. To determine policies, procedures and standards for selection, training and promotion of employees; 9 SEIU 2021-2024 15. To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith; 16. To maintain order and efficiency in its facilities and operations; 17. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement; 18. To take any and all necessary action to carry out the mission of the City in emergencies. The City and the Union agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights. 2.4 COMMENCEMENT OF NEGOTIATIONS It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the Union through t he submittal of potential meeting dates. 3 COMPENSATION 3.1 GENERAL WAGES AND COMPENSATION 3.1.1 Pay Dates City employees are paid twice per month on the 15th and the last working day of the month. When a payday falls on a holiday, the payday will be transferred to the following day of regular business unless Finance is able to complete the payroll by the previous workday. The method of the distributing payroll shall be established by the Finance Director. The City calculates 1,950 hours as the annual number of work hours per year (37.5 hours per work week times 52 weeks per year equals 1,950 hours). Each semi-monthly pay period is calculated at 81.25 hours (1,950 hours divided by 24 pay periods). The hourly rate of pay is calculated by multiplying the monthly rate of pay identified in Appendix A times 12 months to equal the annual rate of pay, divided by 1,950 hours in a work year, to equal the hourly rate of pay. The City will modify its pay schedule to 26 pay periods effective when administratively feasible subject to addressing technical issues and reaching agreement with all bargaining groups. 3.1.2 General Wage Increase The City shall provide the following salary increases at the following rates by benchmark in each year of the MOU: Accounting Assistant II • Effective July 1, 2021, a 1.6% general salary increase plus 1.65% equity adjustment (a 3.25% total wage increase). • Effective July 1, 2022, a 1.6% general salary increase plus 1.4% equity adjustment (a 3% total wage increase). • Effective July 1, 2023, a 1.6% general salary increase plus 1.4% equity adjustment (a 3% total wage increase). 10 SEIU 2021-2024 Administrative Assistant II • Effective July 1, 2021, a 1.6% general salary increase plus 1.65% equity adjustment (a 3.25% total wage increase). • Effective July 1, 2022, a 1.6% general salary increase plus 1.4% equity adjustment (a 3% total wage increase). • Effective July 1, 2021, a 1.6% general salary increase plus 1.4% equity adjustment (a 3% total wage increase). Associate Planner • Effective July 1, 2021, a 1.6% general salary increase plus 2.4% equity adjustment (a 4% total wage increase). • Effective July 1, 2022, a 1.6% general salary increase plus 2.15% equity adjustment (a 3.75% total wage increase). • Effective July 1, 2023, a 1.6% general salary increase plus 1.65% equity adjustment (a 3.25% total wage increase). Library Assistant II • Effective July 1, 2021, a 1.6% general salary increase plus 2.4% equity adjustment (a 4% total wage increase). • Effective July 1, 2022, a 1.6% general salary increase plus 2.15% equity adjustment (a 3.75% total wage increase). • Effective July 1, 2023, a 1.6% general salary increase plus 1.65% equity adjustment (a 3.25% total wage increase). Parking Enforcement Officer • Effective July 1, 2021, a 1.6% general salary increase plus 1.65% equity adjustment (a 3.25% total wage increase). • Effective July 1, 2022, a 1.6% general salary increase plus 1.4% equity adjustment (a 3% total wage increase). • Effective July 1, 2023, a 1.6% general salary increase plus 1.4% equity adjustment (a 3% total wage increase). Street Maintenance Supervisor ▪ Effective July 1, 2021, a 1.6% general salary increase plus 2.10% equity adjustment (a 3.70% total wage increase). ▪ Effective July 1, 2022, a 1.6% general salary increase plus 1.9% equity adjustment (a 3.50% total wage increase). ▪ Effective July 1, 2023, a 1.6% general salary increase plus 1.9% equity adjustment (a 3.50% total wage increase). 3.1.3 Compensation Goal & Definitions It is the goal of the City to try to achieve a total compensation package for all employees represented by the Union in an amount equal to the following: 1. The average plus one dollar to the total compensation paid to the same or similar classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa; and, 2. The highest total compensation paid to the same or similar classifications in the following agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill Valley, Novato, and San Anselmo. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), 11 SEIU 2021-2024 employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. 3.1.4 Compensation Surveys To measure progress towards the above-stated goal, the City and the Union will jointly survey the identified benchmark positions, which are identified in the SEIU 1021 Represented Benchmarks and Internal Relationships Table attached as Exhibit "B" and included as part of this MOU, in September of the final year of this Agreement. Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements. Survey data will include all salary and benefit increases, as defined in 'total compensation'. The City and the Union shall review the benchmark and related survey data for accuracy and completeness. 3.1.5 Compensation Plan The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. 3.2 STEP INCREASES 3.2.1 Entry Level Step All initial employment shall be at the first step of the salary range, provided that the Department Director may make an appointment to a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. City Manager approval is required for entry level appointment above Step C for any position. 3.2.2 Consideration for Step Increases An employee may be considered for a salary step increase in accordance with the time interval established in the salary plan as referenced in Exhibit "A". Unless otherwise noted, salary step increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/her duties. 3.2.3 Merit Increases Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Director and approval of the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit 12 SEIU 2021-2024 step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. 3.2.4 Anniversary Date Based upon job performance, as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date. When an employee is promoted or reclassified to a new position, the first pay date at the new position shall constitute the employee’s new anniversary date for purposes of the annual Performance Evaluation. 3.2.5 Promotions Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range). 3.2.6 Performance Evaluations Upon completion of the probationary period, a performance evaluation shall be prepared and reviewed on or before the anniversary date and yearly thereafter as a means of determining whether a step increase is merited, and/or as a means of improving employee performance and communication between supervisors and subordinates. Employees who receive a satisfactory or above rating on their performance evaluation shall receive a step increase. In the event the performance evaluation occurs after the anniversary date and the evaluation is rated satisfactory or above, the step increase shall be retroactive to the anniversary date. If a performance evaluation is past due by more than 60 days the City shall process a Personnel Action Report (PAR) moving the employee to the next step in the salary range provided the Department Director provides a written statement to the Human Resources Director indicating that the employee’s performance is satisfactory or above. The Human Resources Director will work with the employee’s supervisor to have a performance evaluation completed as soon as possible. 3.3 SALARY CHANGE ON RECLASSIFICATION If an occupied position is reclassified, the incumbent shall be affected as outlined below: 3.3.1 To a Lower Classification When a position is re-allocated to a lower classification the incumbent is either: 1. Transferred to a vacant position in the former classification; or If the incumbent's current salary is greater than the top step of the lower classification, Y-rated at the current salary until the salary of the lower classification is at or above the Y-rate. 3.3.2 To a Different Classification with the Same Salary Range When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/she shall be paid at the same step of the range and shall maintain the same salary rights. 3.3.3 To a Higher Classification When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed 13 SEIU 2021-2024 below. Placement in the salary range shall be in accordance with the appropriate salary pay plan. If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion. 3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 3.4.1 Out of Class Compensation Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility for out-of-class compensation requires a minimum assignment of five (5) consecutive days. The out-of-class increase shall be retroactive to the first day of the assignment However, when an employee is moving from a nonlead/supervisory to a lead/supervisory role, the out-of-class pay becomes effective on the first day of the assignment and the five (5) day minimum requirement does not apply. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater. The Department Director is required to complete a Personnel Action Report (PAR), located on the HR page of the Intranet, to initiate out-of-class compensation. In the event a Parking Enforcement Officer is assigned “field training” duties, the City shall consider this as “out of class” work and the assigned Parking Enforcement Officer will receive 5% of their current pay as compensation for the hours worked in this assignment. 3.4.2 Shift Differential Pay a. A three percent (3%) shift differential shall be paid for all employees in the represented bargaining group who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m. b. A five percent (5%) shift differential shall be paid for all employees in the represented bargaining group who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 11:00 p.m. and 7:00 a.m. c. Employees in job classes not identified in this section who are assigned to work the swing or graveyard shift time periods on a temporary basis and/or on an overtime basis are excluded from shift differential pay for those time periods. d. Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. 3.4.3 Court Pay Parking Enforcement Officers who are required, in the course and scope of their official employment, to appear in court or other official hearings other than during his/her work week schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled day off. If a court appearance is required on a scheduled work day, and such appearance commences one half (1/2) hour after completion of an employee’s shift, then the employee shall be compensated at the overtime rate for actual time spent, beginning at the conclusion of the regular shift hours and ending upon his/her release from the court or hearing office. 14 SEIU 2021-2024 3.5 ADDITIONAL PAY 3.5.1 Educational Reimbursement – Miscellaneous Unit The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to exceed 75% of the cost. Educational Reimbursement is available to employees who satisfactorily (grade of C or better, Pass or Complete) complete a course or courses that are pre-determined to be job related and/or that will assist the employee to prepare for career advancement in his/her field. To be eligible, employees must have completed probation at the time of the reimbursement, which is made at the end of the semester. The Educational Reimbursement Program will include reimbursement for professional membership dues for work-related organizations for employees in the “Administrative” or "Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $200/fiscal year. 3.5.2 Educational Reimbursement – Supervisory Unit The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is available to employees who have satisfactorily (grade of C or better, Pass or Complete) completed a course or courses that are predetermined to be job-related and/or that will assist the employee to prepare for career advancement in his/her field. To be eligible, employees must have completed probation at the time of the reimbursement, which is made at the end of the semester. The Educational Reimbursement Program will accommodate reimbursement of up to $100 per fiscal year for professional membership dues for work-related organizations for employees in the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit. Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $225 per fiscal year. 3.5.3 Bilingual Pay – Miscellaneous Employees Within the job classifications represented by the Union provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language. Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material. An employee can petition to his/her Department Director for this bilingual pay incentive. With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager the employee may begin to receive this bilingual pay incentive. Criteria for approval of the bilingual pay incentive by the City Manager includes: a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments. An employee approved for the bilingual pay incentive shall receive an additional $150.00 per month above their base salary. Part-time employees will be pro-rated for this incentive based on their full-time equivalency (FTE). 15 SEIU 2021-2024 This bilingual pay incentive shall be reviewed annually and as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments. Removal of the bilingual pay incentive would be considered a non-disciplinary action however removal of bilingual pay is appealable to the Human Resources Director. The determination of the Human Resources Director is not subject to any appeal/grievance procedure. 3.5.4 Bilingual Pay – Supervisory Unit Within the Supervising Librarian and the Librarian I/II classification, the Library Director shall establish one position eligible to receive $150.00 per month Bilingual Pay Differential. This bilingual pay shall become effective the first payroll period after the designated employee takes and passes an approved proficiency examination. The employee must be certified as sufficiently fluent in a language deemed to be of work value to the Library as determined by the Library Director and approved by the City Manager. Fluency certification may be obtained by either passing a department approved proficiency test or submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency from a department approved agency or school. It is agreed that annual re-certification of fluency is required to continue receiving the Bilingual Pay Differential. Fluency in more than one foreign language does not entitle an employee to more than one $150.00 per month differential. 3.5.5 Garage Employees Uniform Maintenance Program Uniform shirts, pants and coveralls will be provided. The City installed laundered facilities on- site and the maintenance employees of the Garage work units will self-launder their uniforms. 3.5.6 Sewer Employees Uniform Maintenance Program Uniform shirts, pants and coveralls will be provided and laundered for the maintenance employees of the Sanitation Department. 3.5.7 Uniform Allowance Maintenance employees in Parks, Streets, Building Maintenance and Community Services who must wear uniforms shall receive a uniform allowance in the amount of $157.50 at the completion of each six (6) months of service ending June 30th and December 31st. A pro-ration at the rate of $26.25/month may be given with the recommendation of the Department Director and the approval of the City Manager. Uniforms and gear must be in accordance with the departmental dress code and safety requirements. Parking lot attendants and parking maintenance staff will be provided with shirts, hats and jackets by the City if they are required by the City to wear them. The Environmental Management Coordinator, the Emergency Management Coordinator, Parking Maintenance staff and Fire Prevention Inspector I/II employees, if required to wear a uniform which is not provided by the City, shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December. Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December. PEOs shall have utility and rain gear provided by the City. Note: While the 6-month periods end June 30th and December 31st, the actual payments of the uniform allowance are provided on the first paycheck in June and the first paycheck in December. 16 SEIU 2021-2024 A safety boot allowance of $200 per year payable on the first paycheck in December shall be issued to employees in the following job classifications who shall be required to wear safety boots: 2119 CONSTRUCTION INSPECTOR- SRSD 7224 CUSTODIAN 7120 EMERGENCY MANAGEMENT COORDINATOR 1201 ENVIRONMENTAL MANAGEMENT COORDINATOR 7231 EQUIPMENT SERVICE ATTENDANT 7232 FACILITY REPAIR SUPERVISOR 7291 FACILITY REPAIR WORKER I 7233 FACILITY REPAIR WORKER II 7294 FACILITY REPAIR WORKER III 7108 FIRE PREVENTION INSPECTOR I 7107 FIRE PREVENTION INSPECTOR II 6212 PARKING EQUIPMENT TECHNICIAN 7256 PARK EQUIPMENT MECHANIC 7271 PARKS MAINT. SUPERVISOR 7236 PARKS MAINTENANCE WORKER I 7238 PARKS MAINTENANCE WORKER II 2123 PARKS LEAD MAINTENANCE WORKER 6208 PARKING ENFORCEMENT OFFICER 7290 PUBLIC WORKS DISPATCHER 7253 PUBLIC WORKS INSPECTOR 7266 SEWER MAINTENANCE WORKER I 7267 SEWER MAINTENANCE WORKER II 2204 SEWER LEAD MAINTENANCE WORKER 7281 SEWERS SUPERVISOR 7269 SHOP & EQUIPMENT SUPERVISOR 7209 STREET MAINTENANCE SUPERVISOR 7250 STREET MAINTENANCE WORKER I 7251 STREET MAINTENANCE WORKER II 7280 STREET LEAD MAINTENANCE WORKER 7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC 7283 SWEEPER OPERATOR 7286 VEHICLE EQUIPMENT MECHANIC I 7287 VEHICLE EQUIPMENT MECHANIC II 3.5.8 Uniform Jacket Cleaning Allowance Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor, will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) month s of service ending June 30th (paid on the June 15th paycheck) and December 31st (paid on the December 15th paycheck). A pro-ration of $10.00/month may be given with the approval of the Department Director. 17 SEIU 2021-2024 3.5.9 Mechanical Tool Allowance The City will provide a tool allowance of $400/fiscal year for Vehicle Equipment Mechanics, the Equipment Service Attendant, the Shop and Equipment Supervisor, and the Parks Mechanic for tools purchased for use in the course of City work. This tool allowance will be issued dur ing the month of July. Employees who receive the tool allowance are not eligible to receive reimbursement for lost or broken tools. 3.5.10 Holiday Pay Parking Enforcement Officers shall receive holiday pay if a holiday falls on their regular day off. If the holiday falls on a day which they are scheduled to work, they will be paid for the holiday automatically. The employee will use additional hours of vacation, comp, float or unpaid leave to complete his or her regularly scheduled work day. 4 BENEFITS 4.1 EMPLOYEE BENEFITS COMMITTEE Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, Western Council of Engineers, Local 1 - Confidential, Police Officers Association, Police Mid-Managers Association, Firefighters’ Association, Fire Chief Officers Association, Mid-Management and Management employees. 4.2 HEALTH & WELFARE 4.2.1 Full Flex Cafeteria Plan Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan (known as the Flexible Benefits Plan) for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s Full Flex Cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the plan. The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be: For employee only: $ 780.93 For employee and one dependent: $ 1,477.20 For employee and two or more dependents: $ 1,618.71 Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) Minimum Employer contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan and the Affordable Care Act if the employee complies with the following conditions: 18 SEIU 2021-2024 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations or other legislation or agency guidance. Unless a greater benefit is required by law, part-time, regular, permanent employees working at least 53.3% FTE shall be eligible to receive: a) pro-rated leave benefits; and b) a pro-rated flex dollar monthly allowance based upon the regular hours the employee works. The pro-rated share shall be equivalent to the part time employee position’s ratio of hours worked to full time equivalency. For those part time employees hired prior to January 1, 2010 electing “Employee Only” coverage, the flex dollar allowance shall be prorated based off $1,264. The maximum benefit shall be $700 per month, unless a greater benefit is required by law. 4.2.2 Retirees Health Insurance Employees represented by SEIU who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s retiree group health insurance program offered through PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. a. Employees hired on or before January 1, 2010 The City shall make a monthly retiree health insurance contribution on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this Section. The City’s total monthly contribution, which includes the PEMHCA minimum contribution, shall not exceed $752 per month. The City’s retiree health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage. Employees receive the pro-rated amount based on their status at the time of retirem ent. For example: if an employee works part-time, and retires while working part-time, then the employee receives a pro-rated contribution based on the employee’s part-time status at the point of retirement. b. Employees hired on or after January 1, 2010, and who meet the eligibility requirements for retiree health insurance, are eligible to continue in the City’s group health insurance program. The City’s maximum contribution towards retiree coverage under this subsection, 4.2.5b, shall be the PEMHCA minimum contribution 19 SEIU 2021-2024 as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner, or dependents upon the employee’s retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS. The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion. 4.2.3 Health and Dependent Care Spending Accounts City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a plan is desired by the Union and available pursuant to the IRS Code. The Flexible Spending Accounts offered by the City include: a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code up to the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS Code up to the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. c. Premium Only Plan: Employee’s share of medical insurance premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code. City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in a. and/or b. above. City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process. 4.2.4 Health Insurance Providers The City shall have the option, after meeting and consulting with representatives of The Union Stewards’ Council, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program. 4.3 DENTAL PLAN The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per patient per calendar year and orthodontic coverage for eligible dependents (50/50). The dental provider will provide payments for covered services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each enrollee in each calendar year. Dental insurance enrollment is available to part time, regular, permanent employees working at least 53.3% FTE. The City’s contribution towards the monthly dental insurance premium will be prorated based on the FTE level of the part time employee. 20 SEIU 2021-2024 4.4 VISION CARE PLAN The City will provide vision care benefits for employee only coverage. Employees may enroll qualified family members and pay the premium costs for such enrollment. 4.5 LIFE INSURANCE The City shall be responsible for paying premiums for a life insurance and Accidental Death & Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit. The City shall also make available a voluntary life insurance program at employee expense. 4.6 LONG TERM DISABILITY INSURANCE The City shall be responsible for paying premiums for a Long-Term Disability Policy for each employee that satisfies the eligibility provisions of the long-term disability policy. The Long- Term Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $1,000 per month. 4.7 RETIREMENT CONTRIBUTION 4.7.1 City Paid Employee Retirement (City Paid Member Contribution) Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. The City of San Rafael acknowledges that under its current practice, the employee’s share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change. 4.7.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 2.7% at 55- retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. 4.7.3 Member Cost of Living Rates Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution 21 SEIU 2021-2024 rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.8 STATE DISABILITY INSURANCE (SDI) Employees will have the full premium cost for SDI coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status, within HIPAA guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall be integrated with accrued sick and vacation leave in the following manner: a. Employee notifies supervisor of disability and need for time off. At the same time employee files for SDI through the State Office. b. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period. c. Personnel Action Report (PAR) is completed by the supervisor to document request and approval of extended leave. d. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to discuss availability of coordination of SDI with leave benefits. e. Employee's time off is recorded as sick leave and if necessary then vacation leave on time cards submitted by the supervisor to the Payroll Office. f. Upon receipt of the SDI payments, the employee must endorse the payments over to the City of San Rafael to receive credit for leave taken. g. Based upon the employee's hourly rate of pay, the Payroll Office computes how much used sick and/or vacation leave time the employee will be credited and credits the employee with those hours. NOTE: The employee may not be credited more than accrued at or during the time of the disability. h. The Human Resources Department, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Once the employee is on LWOP they would keep any SDI payments received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an exception and are referenced under Section 5.4.8. 5 LEAVES 5.1 SICK LEAVE 5.1.1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Director according to department Rules and Regulations or as soon as the employee is aware of the need for the absence and no later than at the beginning of his/her daily duties. The City may request verification from a medical provider from any employee who is absent for three (3) or more consecutive days. 22 SEIU 2021-2024 If an employee has documented sick leave abuse, the employee may be placed on an attendance management plan, which will require the employee to submit verification from a medical provider for all future use of sick leave. The employee shall be taken off an attendance management plan after twelve (12) months unless the pattern of sick leave abuse has continued. 5.1.2 Sick Leave Accrual All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual rate is prorated for eligible part time employees. 5.1.3 Use of Sick Leave An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness of the employee or illness within the immediate family (family member means an employee’s spouse, registered domestic partner, any unmarried child, including adopted child, a stepchild, or recognized natural child who lives with the employee in a regular parent-child relationship, parent, including in-laws, and grandparent), or for any physical incapacity of the employee resulting from causes beyond the employee’s control; or 2. Enforced quarantine of the employee in accordance with community health regulations; or 3. Medical appointments that cannot be scheduled during non-working hours. 5.1.4 Advance of Sick Leave Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un-accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave. 5.1.5 Service Credit for Sick Leave Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement pursuant to Section 5.1.6 Compensation for Unused Portion (Sick Leave Payoff). Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of any accrued, unused sick leave for retirement purposes. 5.1.6 Compensation for Unused Portion Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing shall receive compensation for all accumulated unused sick leave based upon the following formula: a rate of three percent (3%) for each year of service (i.e., 3% times number of employment service years). The maximum number of accumulated, unused sick leave an employee may be compensated for upon termination of employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated, unused sick leave that the employee is not compensated for upon termination. 23 SEIU 2021-2024 5.2 VACATION LEAVE 5.2.1 Eligibility Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Department Director. 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service. Each service year in the chart begins on the first working day and ends on the last day of the service year: Service Year Annual Hours Hours Per Month 1 75.000 hours 6.2500 2 75.000 hours 6.2500 3 75.000 hours 6.2500 4 112.500 hours 9.3750 5 117.867 hours 9.8222 6 123.234 hours 10.2695 7 128.601 hours 10.7167 8 133.968 hours 11.1640 9 139.335 hours 11.6110 10 144.702 hours 12.0580 11 150.000 hours 12.5000 12 157.500 hours 13.1250 13 165.000 hours 13.7500 14 172.500 hours 14.3750 15 180.000 hours 15.0000 16 plus 187.500 hours 15.6250 When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. Upon the City’s modification of its pay schedule to 26 pay periods, the above accrual rates shall be adjusted to a pay period basis. 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Department Director, may advance vacation credits to any permanent regular and permanent part-time employee. No employee may accrue more than 250 hours. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by employee's Department Director with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee. 24 SEIU 2021-2024 The Maximum amount of vacation leave that may be taken at any given time shall be that amount that has accrued to the employee concerned, subject to the Department Director’s approval. The minimum amount of vacation that may be taken at any given time shall be one- half (1/2) hour (except that as permitted by law, the City shall authorize the use of vacation time in smaller increments to coordinate disability or workers compensation leaves with employee accrued paid time). Vacation leave granted by the City and used by an employee shall be deducted from the employee’s vacation leave bank. In the event that one or more City holidays falls within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Employees may request a temporary waiver of their vacation cap, should a work-related injury prevent use of vacation time. Such requests would need to be in writing, submitted through the department, and receive the approval of the Department Director and the City Manager. 5.2.4 Vacation Cash-In An employee, who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period. 5.3 HOLIDAYS 5.3.1 Paid Holidays All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked. When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed. By written agreement between the employee and supervisor, an employee working an alternative work schedule can bank the holiday time to be scheduled as paid time off at a later date. Holidays will be lost if not used within the same fiscal year, and will not be cashed out at any time during employment or upon separation. The following holidays will be observed: January 1st New Year’s Day The third Monday in January Martin Luther King Jr. Day The third Monday in February Washington’s Birthday March 31st Cesar Chavez Day The last Monday in May Memorial Day July 4th Holiday Independence Day The first Monday in September Labor Day November 11th Veteran’s Day The fourth Thursday in November Thanksgiving Day 25 SEIU 2021-2024 The fourth Friday in November Day after Thanksgiving December 25th Christmas Day In addition to designated holidays, employees in this Unit receive two (2) floating holidays. Floating holidays not used are added to employee's vacation balance. Part-time employees will be paid for holidays on a pro-rated basis. 5.4 OTHER LEAVE 5.4.1 Personal Leave – Supervisory Unit Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit employees, with prior supervisory approval. Employees must submit leave requests two (2) weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out. 5.4.2 Safety Holiday A Safety Holiday Incentive Program is established for maintenance employees. Employees will be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3) Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community Services Custodians. For part-time employees in these units who are eligible for benefits, any safety holiday will be pro-rated. If all employees of a designated unit complete six (6) months without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will be granted to all employees of that unit, with specific time off granted with prior Superviso ry approval. Note: Multiple days of lost time for the same injury or illness shall be considered as one incident. 5.4.3 Bereavement Leave In the event of the death of an employee's spouse, child, parent, sibling, registered domestic partner, grandchild, grandparent, in-laws, relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to five (5) days may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Department Director as part of the request for bereavement leave. 5.4.4 Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.5 Military Leave Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the Department Director an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 26 SEIU 2021-2024 5.4.6 Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written reque st of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay. 5.4.7 Industrial Injury Leave For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources department coordinates benefits for Worker's Compensation claims. For further information see the City’s Workers’ Compensation policy located on the Intranet (https://intranet.cityofsanrafael.org). Employees of the City who have suffered any disability arising out of and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California. Temporary disability payments (TD) are made to all employees (full and part -time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state-mandated minimums and maximums. For full-time, regular employees, however, the City augments TD payments with salary continuation as follows: Compensation leave payments shall not exceed the employee's regular full pay for the first three 3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. Sick Leave Usage Post Industrial Injury/Illness: The following rule applies to employees who have an accepted industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined: a. The employee has reached maximum medical improvement and/or has been determined “permanent and stationary”, b. The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred, next steps would include: a. The interactive process; attempt to locate other appropriate employment within the City b. If none available, proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. 5.4.8 Family Medical Leave Union members agree to adhere to the provisions of the City’s Family Medical Leave Policy which is available on the City’s Intranet Website. 5.4.9 Catastrophic Leave Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is available on the City’s Intranet website. 27 SEIU 2021-2024 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 HOURS OF WORK The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5 hours per day. The 37.5-hour work week will begin July 1, 2013, at which time employees shall return to the work schedule worked prior to implementation of the 36-hour work week, unless otherwise arranged with the Department Head. 6.1.1 Consecutive Two-Day Weekends No later than October 1, 2018, each library employee shall have a weekend consisting of two consecutive days off work. At least one of the weekend days shall be a Saturday or Sunday. The City and the Union shall begin the meet and confer process regarding scheduling in the library within 30 calendar days of the ratification of this successor MOU. Within 30 calendar days of the City Council approval of this successor MOU, the City and the Union shall begin the meet and confer process with the purpose of providing all employees with the option of having a consecutive two-day weekend. By mutual agreement of the City and the Union, additional language may be added to this section as a result of the meet and confer process. 6.2 OVERTIME Overtime shall mean actual time authorized and worked beyond thirty-seven and one-half (37.5) hours in a regular work week, or seven and one-half hours (7.5) in one work day or regularly scheduled shift. A work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is compensable to the nearest half-hour and must have prior authorization and approval of the Department Director. Each Department Director shall have the authority to designate certain job classifications for mandatory overtime in emergencies. In the event the Department Director determines that there is a staffing need during an emergency, the Department Director shall first make a reasonable effort to seek qualified volunteers to work overtime during the emergency. If the Department Director determines that there are an insufficient number of volunteers, or if time constraints prevent the soliciting of volunteers, the Department Director may order employees in the designated classifications (may vary depending on the emergency but primarily relates to job classifications in the Street Division of Public Works) to report to work in overt ime status to address the emergency. 6.3 COMPENSATORY TIME POLICY With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules: 6.3.1 Accrual Limit Employees may accrue up to 115 hours of compensatory time after which said employee must accept overtime pay in lieu of accruing additional compensatory time. 6.3.2 Overtime Rate Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1. 28 SEIU 2021-2024 Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it. 6.4 STAND BY OR CALL BACK DUTY 6.4.1 Compensation When Assigned to Standby Duty – All Departments except Sanitation Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a day designated as an authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their base salary for each day of standby duty. To identify employee eligible for standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at 12:00 a.m. (midnight) on each Wednesday of the week. Weekend duty will start at 12:00 midnight on Friday and will end 12:00 a.m. on Monday. On holidays during the week, duty will start at 12:00 a.m. on the designed holiday and will end at 12:00 a.m. on the next regular work day, or the employee will receive compensatory tim e off on a straight time basis. At the time of accrual, the employee will designate either salary or compensatory time. Compensatory time off must be approved in accordance with normal leave request procedures. 6.4.2 Compensation When Assigned to Standby Duty – Sanitation Department Weekend standby duty shall start at the end of the employee’s shift on Friday and end at the beginning of the employee’s shift on Monday. Miscellaneous and Supervisory employees assigned to weekend standby duty shall be compensated at the rate of sixteen (16) hours of their base salary (two (2) hours for the end of the employee’s shift on Friday through 11:59 pm on Friday, six (6) hours for 12 am to 11:59 pm on Saturday, six (6) hours for 12 am to 11:59 pm on Sunday, and two (2) hours for 12 am on Monday through the start of the employee’s shift on Monday). Miscellaneous and Supervisory employees assigned standby duty on a day designated as an authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their base salary for each day of holiday standby duty. Any holiday that falls on a day of the week that is contiguous with a weekend (Friday, Monday or Thanksgiving) will be covered by the employee on duty for the weekend standby shift. An employee assigned to standby duty for a weekend that includes one or more holidays will be paid their regular standby pay for the weekend in addition to their regular standby pay for any holiday assigned. Standby duty during the week (Monday-Thursday) is normally assigned to the Operations & Maintenance Manager. If the Operations & Maintenance Manager is unable to cover a work week (Monday-Thursday) shift, it may be assigned to the Sewers Maintenance Supervisor or eligible maintenance worker, from the end of their shift until the beginning of the next operational shift. The employee who is assigned to a work week (Monday-Thursday) shift will be compensated at the rate of two (2) hours of their base salary. The City shall assign the Sewers Maintenance Supervisor a vehicle to commute to and from work and their place of residence. On holidays during the week (Tuesday-Thursday), standby duty will start at the end of shift on the day before the designated holiday and will end at the beginning of shift on the next regular work day. At the time of accrual, the employee will designate either salary or compensatory time. Compensatory time off must be approved in accordance with normal leave request procedures. Any holiday that falls on a day which is not contiguous with a week end will be assigned to eligible employees on a rotating basis. 29 SEIU 2021-2024 6.4.3 Compensation When Not Assigned to Call Back Duty When an employee not assigned to standby duty is called back to duty, the employee shall receive compensation for a minimum of four (4) hours. 6.4.4 Minimum Payment for Call Out Employees on standby duty who are called out and required to work shall be paid a minimum of two (2) hours at the rate of time and one half, for each time they are called out. 6.4.5 Standby Residency and Cell Phones The residency requirement for standby personnel shall include those individuals who live within a sixty (60) minute travel distance from the Corporation Yard. Cell phones shall be provided to those persons on standby. Standby duty is assigned on a rotating basis. A Miscellaneous or Supervisory Unit employee within the residency area shall be considered eligible for standby duty. This includes all holidays that may fall within the assigned standby duty period. If an employee is sick or has scheduled time off, standby will move to the next person on the list that is available and qualified. Determination of whether an employee is qualified is made by the Supervisor or Operations and Maintenance Manager. It is noted this list was originally established by knowledge and that new employees are placed at the bottom of the list. 6.5 DOT AND CLASS B REQUIREMENTS Employees in the following job classes are covered by this DOT policy and are subject to the terms and conditions of the City’s DOT Policy: ▪ Street Maintenance Worker I/II* ▪ Street Maintenance Worker III ▪ Street Lead Maintenance Worker ▪ Street Maintenance Supervisor ▪ Park Equipment Mechanic ▪ Parks Lead Maintenance Worker ▪ Vehicle Equipment Mechanic I** ▪ Vehicle Equipment Mechanic II ▪ Equipment Service Attendant ▪ Supervising Vehicle Equipment Mechanic ▪ Sewer Maintenance Worker I** ▪ Sewer Maintenance Worker II ▪ Sewer Maintenance Worker III ▪ Sewer Maintenance Supervisor ▪ Sewer Maintenance Superintendent * Street Maintenance Worker I/II hired before September 1, 2009 had the option to sign a document stating that they would obtain a Class B license and thus participate in the DOT program within 6 months from October 1, 2009. If the employee elects to obtain and maintain a Class B license, he/she is in the program for the duration of their employment in the position. If assigned to a Class B task, these employees will receive out of class pay for the day (s) they were required to drive a Class B vehicle. ** Must obtain Class B license within one year of date of hire and become subject to DOT when license is obtained. Effective September 1, 2009, employees hired or promoted into a Street Maintenance Worker II position will be required to possess a Class B license and participate in the DOT Program. These employees will not receive out of class pay when required to drive a Class B Vehicle. Street Maintenance Worker I employees can opt in to the DOT program upon appointment if they possess a Class B license or if they obtain the Class B license on their own. Class B license is not a requirement for the Park Maintenance Worker I/II classification. Parks Maintenance Worker I/II employees who possess or obtain a Class B license can opt in to the DOT program. If an employee opts into the DOT program, they will be covered by the DOT Policy and are subject to the terms and conditions of the City’s DOT Policy. If enrolled in the 30 SEIU 2021-2024 DOT program and assigned to a Class B task, these employees who have the Class B license will receive out of class pay for the day(s) they were required to drive a Class B vehicle. 6.6 PROBATIONARY PERIOD 6.6.1 Purpose of Probation After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 6.6.2 Length of Probationary Period The probationary period on original and promotional appointment shall be for one (1) year. Employees shall receive one written Probationary Evaluation from their immediate supervisor during the Probationary Period, preferably at the midway point. 6.6.3 Rejection During Probation During the probationary period an employee may be rejected at any time by the Appointing Authority without the right of appeal. 6.6.4 Notification of Rejection On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Human Resources Director of his/her intention to t erminate the employee. After discussion with the Human Resources Director, the Appointing Authority shall notify employee in writing of his/her rejection. 6.6.5 Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 6.6.6 Regular Status Regular status shall commence with the day following the expiration date of the probationary period. 6.6.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 6.6.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 31 SEIU 2021-2024 6.6.9 Lateral Transfer Probation Voluntary transfers to another job classification, within the same salary range, shall require a six (6) month probationary period. In the event of unsuccessful passage of this period refer to Section 6.6.8. 6.7 TRANSFERS / REASSIGNMENTS 6.7.1 Types of Transfers Transfers may be within the same department (intra-departmental) or between departments (inter-departmental). The requirements for each are as follows: a. Intra-departmental transfers. The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classification with the same salary range, in the same division or to another division of the same department (at any time and for any duration). b. Inter-departmental transfers. An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. c. Voluntary Transfers. An employee may make a written request for transfer to the Human Resources Director to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Director(s) and the approval of the City Manager. 6.7.2 Minimum Qualifications & Probation Any persons transferred to a different position shall possess the minimum qualifications for the position. 6.7.3 Transfer Procedures The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Directors involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency. Any person transferred to a different position shall possess the minimum qualifications for the position. Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Department. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list. 6.8 PERSONNEL RULES & REGULATIONS Employees covered by this MOU agree to follow the City’s Personnel Rules and Regulations located on the City’s Intranet website. 32 SEIU 2021-2024 6.8.1 Drug & Alcohol Policy The City and the Union agree to the non-DOT general drug and alcohol policy. A copy is available with the City’s policies and on the City’s Intranet website. (Safety sensitive job classes are covered by the DOT Drug and Alcohol Policy previously agreed to by both parties and located on the City’s Intranet website). 6.8.2 Confidential Nature of Personnel Records All personnel records and files and examination materials are confidential. The Human Resources Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq. Individual employees may review their official personnel file maintained by the Human Resources Department and/or respective appointing authority. With the written consent of the employee, the authorized representative of the recognized employee organization may also review that personnel file. 6.8.3 Confidential Nature of Medical Records All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Department. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq. 6.8.4 Outside Employment Policy Outside Employment shall be in accordance with the City’s Outside Employment Policy which is available on the City’s Intranet website. 6.8.5 Use of City Vehicle Public Works Supervisors, at the direction of the Department Director, will be allowed to take a City vehicle home in emergency conditions. 6.8.6 Wireless Communication Policy Union members agree to adhere to the provisions of the City’s Wireless Communication Policy which is available on the City’s Intranet Website. Upon recommendation of the Department Director, the City will provide Bluetooth devices to those employees who are required to use their City cell phone while driving during the course of business. 6.8.7 Safety Policy The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards and shall adopt and use methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment. 6.8.8 Materials Relating to Disciplinary Action Except for the specific disciplinary matters provided below, reprimands and suspensions of less than five (5) days in the employee’s personnel file which have been in the file three (3) years or more shall not be used unless the materials relate to conduct that reoccurred within three (3) years of the first incident. At the request of the employee, materials relating to disciplinary actions which are three (3) or more years old shall be removed, provided there has been no reoccurrence of the conduct on which the discipline was based. Performance evaluations are excluded from this provision. 33 SEIU 2021-2024 Materials relating to disciplinary actions for misappropriation of public funds or property; misuse or destruction of public property; the use of being under the influence of drugs or alcohol at work; acts which would constitute a felony; acts which present an immediate danger to the public health and safety; or acts of harassment or discrimination based on protected status will not be removed from the employee’s personnel file. 6.9 MISCELLANEOUS 6.9.1 Hazardous Materials Maintenance employees in the Union will be provided with the necessary training associated with what is termed first responder awareness level. First responders at this level (awareness only) are those who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response operations level. "Awareness” individuals take no action beyond notifying the designated authorities of the release. The on-duty Fire Battalion Chief is the Incident Commander in the event of a hazardous material release. It is understood and agreed by both parties that maintenance employees in this Union do not have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The Fire Department personnel and/or contract personnel have the direct responsibility of dealing with hazardous materials. Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate, transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the like. 6.9.2 Gratuities / Solicitation of Contributions Gratuities and/or solicitation of contributions are not allowed. 6.9.3 Return of City Equipment Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned to the employee’s supervisor before leaving City employment. 6.9.4 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 6.9.5 Employment of Relatives Employment of relatives shall be governed by the City's Personnel Rules and Regulations. 6.9.6 Labor / Management Meetings The City and the Union agree that consultation meetings may contribute to improved employer - employee relations. The committee shall be comprised of three (3) representatives from the Miscellaneous and Supervisory Units and three (3) from City Management as well as the SEIU Field Representative and the Human Resources Director. The parties agree t hat committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 7.4 Grievance Procedures. 34 SEIU 2021-2024 6.9.7 Contract Orientation Work Sessions The City and the Union agree that the individuals having responsibility for the enforc ement of the Agreement, Union Stewards and Department Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities. 6.9.8 Temp Seasonal Employees Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for appropriate temporary, seasonal, retiree, and fixed-term work. The City follows the Resolution of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed-term salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal condition of the City, to continue to transition temporary positions that are used in a recurring, routine manner and perform work typically accomplished by SEIU classifications throughout the term of the agreement, to regular City positions. 6.9.9 Gym Reimbursement Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7.1.1 Demotion The Appointing Authority may demote an employee when the following occurs: a. The employee FAILS to perform his/her required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Department. Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Article 7.3 Disciplinary Action. 7.1.2 Suspension The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director and shall be taken in accordance with Article 7.3 Disciplinary Action. 7.2 TERMINATION OF EMPLOYMENT 7.2.1 Resignation An employee wishing to leave City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Human Resources Department. 35 SEIU 2021-2024 7.2.2 Termination - Layoff (Lack of work or funds) The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made. 7.2.3 Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 7.3 Disciplinary Action. 7.2.4 Retirement Retirement from City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. 7.2.5 Job Abandonment Absence from duty without authorization for any period of time may be cause for disciplinary action. Absence from duty without authorization in excess of five (5) continuous working days may constitute abandonment of the position and may be grounds for termination. The employee and the Union shall be notified by certified mail of proposed termination prior to the effective date of termination. 7.3 DISCIPLINARY ACTION 7.3.1 Right to Discipline & Discharge Upon completion of the designated probationary period an employee shall be designated as a non-probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations, or for engaging, during the term of this Memorandum of Under standing, in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding, except where permitted by law. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal/termination, demotion, reduction in wage, suspension resulting in loss of pay, and written reprimand. In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll documents or other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; 36 SEIU 2021-2024 insubordination; other acts inimical to the public service; inability or refusal to provide medical statement on cause of illness or disability. 7.3.2 Preliminary Notice A non-probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective. Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice. Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Director has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. The Department Director’s decision shall be final for written reprimands. If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his right to proceed to Step 4 of the Grievance Procedure. 7.3.3 Disciplinary Action and Appeal After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Such notification shall be issued in writing within 10 days of the meeting. If the employee elects to appeal the Department Director action, he/she may request a confidential settlement conference with the City Manager. Participation in the confidential settlement conference shall be voluntary. If the matter is still unresolved after the confidential settlement conference, the employee shall notify the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. The City Manager’s decision shall be final for suspensions of five (5) days or less. 7.3.4 Harassment Policy It is the City’s intent and purpose to provide all officials, employees, applicants and contractors with an environment that is free from any form of harassment, discrimination or retaliation. Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City’s Intranet website. 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition 1. Grievance is a dispute which involves the interpretation or application of any provision of this Memorandum of Understanding, except issues concerning appeals of punitive action, which are governed by Sections 7.1, 7.2 and 7.3 of this Memorandum. A dispute regarding the interpretation of the City’s Personnel Rules and Regulations is subject to the grievance procedure up to Step 3 (City Manager). All ordinances, resolutions, rules and regulations which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure. 2. Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City. 37 SEIU 2021-2024 3. Grievant may be an individual employee or a group of employees or the Union on behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship. 4. Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision. 7.4.2 Procedure Step 1. Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance, the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. Within five (5) days thereafter, the immediate supervisor shall investigate and respond to the allegations of the grievant. Step 2. If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the grievance to writing and present it to the Department Director within five (5) days. The written grievance shall contain a statement of facts about the nature of the grievance and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant. The Department Director shall confer with the grievant and within ten (10) days respond to the allegations in writing. Step 3. If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager. The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days thereafter, respond to the allegations in writing. Step 4. If the grievance remains unresolved after Step 3, the Union may, by written notice to the City’s Human Resources Department within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. 7.4.3 Arbitration The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as 38 SEIU 2021-2024 any procedural matters, and he/she may call, recall and examine witnesses, as he/she deems proper. The burden of proof shall be upon the Union in grievance matters and upon the City in disciplinary/discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary matter. The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and the appropriateness of the disciplinary penalty. The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreem ent to share the cost or unless the arbitrator so requests. Then the costs will be shared equally. 7.4.4 General Provisions 1. Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the Union or the City. 2. A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and have access to all information regarding the basis of the grievance upon which the City relies in making its determinations. 3. If the City management fails to respond within the specified time limits, the grievance shall, at the request of the Union, be moved to the next step of the procedure. If the Union or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed withdrawn with prejudice. The parties may by mutual agreement waive the steps in the procedure. 4. If a hearing is held during work hours of employee witnesses, such employees shall be released from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings. 5. The Human Resources Department shall act as the central repository for all grievances. 6. Time limits contained herein may be extended by mutual agreement of the parties. Absence for bona fide reasons by a grievant, the Union representative or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence. 7.5 POSITION RECLASSIFICATION Reclassification of positions covered by this MOU shall be in accordance with the City’s Reclassification Policy available on the City’s Intranet website. 7.6 FURLOUGH PROGRAM Both the City of San Rafael and SEIU 1021 recognize the unpredictable changes in funding that affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael 39 SEIU 2021-2024 and SEIU 1021 have worked expeditiously on the development of a Furlough Program. Th is Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the City shall meet and consult with the Union at least 60 days prior to implementation of the Furlough Program. The procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). 7.6.1 Voluntary Time Off (VTO) The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting at least a 5% reduction of hours through the VTO would receive “float days” as described in 6.6.2. (4.b.). 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. 4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with review of the Department Director and approval of the City Manager and such approval shall be revocable should the City determine that the impact of the absence cannot be absorbed by the Department. Prior to revoking approval, the City will contact the employee and review pertinent information which would impact the employee’s ability to return to work. Should the City need to remove additional VTO, such removal would be considered a non-disciplinary action and would not be subject to any appeal/grievance procedure. 7.6.2 Mandatory Time Off (MTO) MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager) and after consultation with the union. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will not impact Marin County retirement calculations of average compensation or service credit as the City and employee will continue to fund the full amounts. If the Marin County Retirement Association changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy. 3. MTO time shall apply toward time in service for step increases and completion of probation. 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO 40 SEIU 2021-2024 reduction (5% is implemented, the involved employee shall be credited with three (3) days of float time b. Float time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period. c. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and the Union agree to re-open negotiations on this Furlough Plan. 7.7 REDUCTION IN FORCE 7.7.1 Authority The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. 7.7.2 Notice Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified. 7.7.3 Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part-time permanent employee with more seniority can displace a full time permanent employee. 7.7.4 Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro rata basis to full time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. 41 SEIU 2021-2024 7.7.5 Bumping Rights An employee designated to be laid off may bump into a class at the same salary level for which he or she meets the minimum qualifications, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished. 7.7.6 Transfer Rights The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in Section 7.7.2, but no longer than the effective date of such layoff or reduction. 7.7.7 Layoff Procedure Notification Once the decision has been made to reduce the workforce per this MOU, the City will meet with the Union to review and receive feedback on the procedure to be used to inform and process those classifications and individuals who are determined to be laid off. The information gained in this meeting from the Union by the City will be advisory and not binding. 7.8 RE-EMPLOYMENT 7.8.1 General Guidelines Individuals who have been laid off or demoted shall be offered re-appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. 7.8.2 Right to Re-Employment Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 7.8.3 Time Limits Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and shall be removed from the re-employment list. 7.8.4 Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 7.8.5 Probationary Status Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment. 42 SEIU 2021-2024 7.8.6 Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. 43 SEIU 2021-2024 SEIU LOCAL 1021: CITY OF SAN RAFAEL: Tiffany Crain SEIU Chief Negotiator Tim Davis, Lead Negotiator Burke Williams Sorensen Joel Evans-Fudem SEIU Field Representative Cristine Alilovich Assistant City Manager Andrea Zanetti SEIU Regional Director Sylvia Gonzalez-Shelton HR Operations Manager John Stead-Mendez, Executive Director SEIU Local 1021 Thomas Wong Analyst Kenny Gatlin, SEIU Bargaining Team Member Date Tiffany Haley, SEIU Bargaining Team Member Allan Lee, SEIU Bargaining Team Member Jamie Poirier, SEIU Bargaining Team Member Wes Sitchler, SEIU Bargaining Team Member Date Grade Position A B C D E 7241 Accountant I 6,033$ 6,334$ 6,651$ 6,983$ 7,333$ 7240 Accountant II 6,335$ 6,651$ 6,984$ 7,333$ 7,700$ 7200 Accounting Assistant I 4,394$ 4,614$ 4,844$ 5,086$ 5,341$ 7201 Accounting Assistant II 4,840$ 5,082$ 5,336$ 5,603$ 5,883$ TBD Senior Accounting Assistant*5,324$ 5,591$ 5,870$ 6,164$ 6,472$ 7299 Accounting Technician 6,034$ 6,336$ 6,653$ 6,986$ 7,335$ 7205 Administrative Analyst 5,647$ 5,930$ 6,226$ 6,537$ 6,864$ 7211 Administrative Assistant I 4,554$ 4,782$ 5,021$ 5,272$ 5,536$ 7212 Administrative Assistant II 5,021$ 5,272$ 5,536$ 5,813$ 6,104$ 7295 Senior Administrative Assistant 5,407$ 5,677$ 5,961$ 6,259$ 6,572$ 7216 Administrative Assistant to the City Clerk 5,407$ 5,677$ 5,961$ 6,259$ 6,572$ 7210 Assistant Planner 6,387$ 6,707$ 7,042$ 7,394$ 7,764$ 7208 Associate Planner 7,049$ 7,402$ 7,772$ 8,160$ 8,568$ 7217 Building Inspector I 5,788$ 6,077$ 6,381$ 6,700$ 7,035$ 7218 Building Inspector II 6,387$ 6,707$ 7,042$ 7,394$ 7,764$ 7475 Building Technician I 4,991$ 5,241$ 5,503$ 5,778$ 6,067$ 7220 Business License Examiner 5,081$ 5,335$ 5,602$ 5,882$ 6,176$ 7222 Code Enforcement Official I 4,637$ 4,869$ 5,112$ 5,368$ 5,636$ 7223 Code Enforcement Official II 5,116$ 5,372$ 5,641$ 5,923$ 6,219$ 7380 Code Enforcement Official III 6,076$ 6,380$ 6,699$ 7,034$ 7,386$ 2119 Construction Inspector - SRSD 6,291$ 6,606$ 6,936$ 7,283$ 7,647$ 7224 Custodian 4,318$ 4,534$ 4,761$ 4,999$ 5,249$ 4210 Data Analyst I 6,525$ 6,851$ 7,193$ 7,553$ 7,931$ 4211 Data Analyst II 7,177$ 7,536$ 7,913$ 8,308$ 8,724$ 4212 Data Analyst III 7,895$ 8,290$ 8,704$ 9,139$ 9,596$ 7226 Deputy City Clerk 5,543$ 5,820$ 6,111$ 6,416$ 6,737$ 7120 Emergency Management Coordinator 5,230$ 5,492$ 5,766$ 6,055$ 6,357$ 7121 Environmental Management Coordinator 5,230$ 5,492$ 5,766$ 6,055$ 6,357$ 7232 Facility Repair Supervisor 6,875$ 7,219$ 7,580$ 7,959$ 8,357$ 7291 Facility Repair Worker I 4,879$ 5,122$ 5,379$ 5,647$ 5,930$ 7233 Facility Repair Worker II 5,380$ 5,649$ 5,932$ 6,228$ 6,540$ 7294 Facility Repair Worker III 5,790$ 6,080$ 6,384$ 6,703$ 7,038$ 7108 Fire Prevention Inspector I 7,314$ 7,680$ 8,064$ 8,467$ 8,890$ 7107 Fire Prevention Inspector II 8,063$ 8,466$ 8,889$ 9,334$ 9,800$ 7298 IT Help Desk Supervisor 7,177$ 7,536$ 7,913$ 8,309$ 8,724$ 7243 Librarian I 5,598$ 5,878$ 6,172$ 6,480$ 6,804$ 7244 Librarian II 5,880$ 6,174$ 6,483$ 6,807$ 7,147$ 2404 Library Aide 2,683$ 2,817$ 2,958$ 3,106$ 3,261$ 7246 Library Assistant I 3,686$ 3,870$ 4,064$ 4,267$ 4,480$ 7247 Library Assistant II 4,168$ 4,377$ 4,595$ 4,825$ 5,067$ City of San Rafael SEIU - SALARY SCHEDULE Effective July 1, 2021 Exhibit A 2405 Library Tech Services Supervisor 5,329$ 5,596$ 5,876$ 6,169$ 6,478$ 7292 Literacy Program Supervisor 6,487$ 6,812$ 7,152$ 7,510$ 7,886$ 7249 Mail and Stores Clerk 3,936$ 4,132$ 4,339$ 4,556$ 4,784$ 7255 Network Analyst 6,526$ 6,852$ 7,195$ 7,554$ 7,932$ 7274 Network Support Technician 4,991$ 5,241$ 5,503$ 5,778$ 6,067$ 7285 Office Assistant I 3,748$ 3,935$ 4,132$ 4,338$ 4,555$ 7284 Office Assistant II 4,234$ 4,445$ 4,668$ 4,901$ 5,146$ 7256 Park Equipment Mechanic 5,651$ 5,934$ 6,230$ 6,542$ 6,869$ 7257 Parking Attendant I 2,145$ 2,253$ 2,365$ 2,484$ 2,608$ 7275 Parking Attendant II 2,363$ 2,481$ 2,605$ 2,735$ 2,872$ 6208 Parking Enforcement Officer 5,234$ 5,496$ 5,771$ 6,059$ 6,362$ 6212 Parking Equipment Technician 5,001$ 5,251$ 5,513$ 5,789$ 6,079$ 6209 Parking Maintenance & Collections 5,001$ 5,251$ 5,513$ 5,789$ 6,079$ 6211 Parking Operations Supervisor 6,875$ 7,218$ 7,579$ 7,958$ 8,356$ 7258 Parks & Graffitti Worker 4,536$ 4,763$ 5,001$ 5,251$ 5,513$ 2123 Parks Lead Maintenance Worker 5,790$ 6,080$ 6,384$ 6,703$ 7,038$ 7271 Parks Maintenance Supervisor 6,875$ 7,219$ 7,580$ 7,959$ 8,357$ 7236 Parks Maintenance Worker I 4,763$ 5,001$ 5,251$ 5,514$ 5,789$ 7238 Parks Maintenance Worker II 5,001$ 5,251$ 5,514$ 5,789$ 6,079$ 7296 Permit Services Coordinator 6,895$ 7,240$ 7,602$ 7,982$ 8,381$ 7261 Planning Technician 4,991$ 5,241$ 5,503$ 5,778$ 6,067$ 9453 Principal Planner 9,227$ 9,688$ 10,172$ 10,681$ 11,215$ 7234 Printing Press Operator 4,900$ 5,145$ 5,403$ 5,673$ 5,956$ 1201 Program Coordinator 5,245$ 5,508$ 5,783$ 6,072$ 6,376$ 7290 Public Works Dispatcher 5,001$ 5,251$ 5,514$ 5,789$ 6,079$ 7263 Revenue Supervisor 7,697$ 8,082$ 8,486$ 8,910$ 9,355$ 2309 Senior Building Inspector 7,582$ 7,961$ 8,360$ 8,778$ 9,216$ 7219 Senior Building Technician 5,788$ 6,078$ 6,382$ 6,701$ 7,036$ 7265 Senior Library Assistant 4,377$ 4,596$ 4,826$ 5,067$ 5,321$ 7264 Senior Planner 7,977$ 8,376$ 8,795$ 9,234$ 9,696$ 2204 Sewer Lead Maintenance Worker 6,385$ 6,704$ 7,039$ 7,391$ 7,761$ 7266 Sewer Maintenance Worker I 5,124$ 5,381$ 5,650$ 5,932$ 6,229$ 7267 Sewer Maintenance Worker II 5,515$ 5,790$ 6,080$ 6,384$ 6,703$ 7281 Sewers Supervisor 7,218$ 7,578$ 7,957$ 8,355$ 8,773$ 7269 Shop & Equipment Supervisor 6,875$ 7,219$ 7,580$ 7,959$ 8,357$ 7280 Street Lead Maintenance Worker 5,790$ 6,080$ 6,384$ 6,703$ 7,038$ 7209 Street Maintenance Supervisor 6,875$ 7,219$ 7,580$ 7,959$ 8,357$ 7250 Street Maintenance Worker I 4,763$ 5,001$ 5,251$ 5,514$ 5,789$ 7251 Street Maintenance Worker II 5,001$ 5,251$ 5,514$ 5,789$ 6,079$ 7283 Street Sweeper Operator 5,251$ 5,514$ 5,789$ 6,079$ 6,383$ 7245 Supervising Librarian 6,487$ 6,812$ 7,152$ 7,510$ 7,886$ 8523 Supervising Parking Enforcement Officer 5,886$ 6,180$ 6,489$ 6,814$ 7,155$ 7288 Supervising Vehicle/Equipment Mechanic 6,082$ 6,386$ 6,705$ 7,040$ 7,392$ 7286 Vehicle/Equipment Mechanic I 5,125$ 5,381$ 5,650$ 5,932$ 6,229$ 7287 Vehicle/Equipment Mechanic II 5,651$ 5,934$ 6,230$ 6,542$ 6,869$ 2131 Volunteer Program Assistant 5,058$ 5,311$ 5,576$ 5,855$ 6,148$ *New classification approved with 2021-2024 MOU Exhibit A Grade Position A B C D E 7241 Accountant I 6,213$ 6,524$ 6,850$ 7,193$ 7,553$ 7240 Accountant II 6,525$ 6,851$ 7,194$ 7,553$ 7,931$ 7200 Accounting Assistant I 4,526$ 4,752$ 4,990$ 5,239$ 5,501$ 7201 Accounting Assistant II 4,985$ 5,234$ 5,496$ 5,771$ 6,059$ TBD Senior Accounting Assistant*5,484$ 5,758$ 6,046$ 6,348$ 6,666$ 7299 Accounting Technician 6,215$ 6,526$ 6,853$ 7,195$ 7,555$ 7205 Administrative Analyst 5,859$ 6,152$ 6,460$ 6,783$ 7,122$ 7211 Administrative Assistant I 4,691$ 4,925$ 5,172$ 5,430$ 5,702$ 7212 Administrative Assistant II 5,172$ 5,431$ 5,702$ 5,987$ 6,287$ 7295 Senior Administrative Assistant 5,569$ 5,848$ 6,140$ 6,447$ 6,769$ 7216 Administrative Assistant to the City Clerk 5,569$ 5,848$ 6,140$ 6,447$ 6,769$ 7210 Assistant Planner 6,627$ 6,958$ 7,306$ 7,671$ 8,055$ 7208 Associate Planner 7,314$ 7,679$ 8,063$ 8,466$ 8,890$ 7217 Building Inspector I 6,005$ 6,305$ 6,621$ 6,952$ 7,299$ 7218 Building Inspector II 6,627$ 6,958$ 7,306$ 7,672$ 8,055$ 7475 Building Technician I 5,179$ 5,438$ 5,709$ 5,995$ 6,295$ 7220 Business License Examiner 5,233$ 5,495$ 5,770$ 6,058$ 6,361$ 7222 Code Enforcement Official I 4,811$ 5,051$ 5,304$ 5,569$ 5,848$ 7223 Code Enforcement Official II 5,308$ 5,574$ 5,852$ 6,145$ 6,452$ 7380 Code Enforcement Official III 6,304$ 6,619$ 6,950$ 7,298$ 7,663$ 2119 Construction Inspector - SRSD 6,527$ 6,854$ 7,196$ 7,556$ 7,934$ 7224 Custodian 4,470$ 4,693$ 4,928$ 5,174$ 5,433$ 4210 Data Analyst I 6,769$ 7,108$ 7,463$ 7,836$ 8,228$ 4211 Data Analyst II 7,446$ 7,819$ 8,209$ 8,620$ 9,051$ 4212 Data Analyst III 8,191$ 8,600$ 9,030$ 9,482$ 9,956$ 7226 Deputy City Clerk 5,709$ 5,994$ 6,294$ 6,609$ 6,939$ 7120 Emergency Management Coordinator 5,413$ 5,684$ 5,968$ 6,266$ 6,580$ 7121 Environmental Management Coordinator 5,413$ 5,684$ 5,968$ 6,266$ 6,580$ 7232 Facility Repair Supervisor 7,116$ 7,471$ 7,845$ 8,237$ 8,649$ 7291 Facility Repair Worker I 5,049$ 5,302$ 5,567$ 5,845$ 6,137$ 7233 Facility Repair Worker II 5,569$ 5,847$ 6,139$ 6,446$ 6,769$ 7294 Facility Repair Worker III 5,993$ 6,293$ 6,607$ 6,938$ 7,284$ 7108 Fire Prevention Inspector I 7,588$ 7,968$ 8,366$ 8,784$ 9,223$ 7107 Fire Prevention Inspector II 8,365$ 8,783$ 9,223$ 9,684$ 10,168$ 7298 IT Help Desk Supervisor 7,446$ 7,819$ 8,210$ 8,620$ 9,051$ 7243 Librarian I 5,808$ 6,098$ 6,403$ 6,723$ 7,059$ 7244 Librarian II 6,101$ 6,406$ 6,726$ 7,062$ 7,415$ 2404 Library Aide 2,784$ 2,923$ 3,069$ 3,223$ 3,384$ 7246 Library Assistant I 3,824$ 4,015$ 4,216$ 4,427$ 4,648$ 7247 Library Assistant II 4,325$ 4,541$ 4,768$ 5,006$ 5,256$ City of San Rafael SEIU - SALARY SCHEDULE Effective July 1, 2022 Exhibit A 2405 Library Tech Services Supervisor 5,529$ 5,806$ 6,096$ 6,401$ 6,721$ 7292 Literacy Program Supervisor 6,731$ 7,067$ 7,421$ 7,792$ 8,181$ 7249 Mail and Stores Clerk 4,054$ 4,256$ 4,469$ 4,693$ 4,927$ 7255 Network Analyst 6,771$ 7,109$ 7,464$ 7,838$ 8,230$ 7274 Network Support Technician 5,179$ 5,438$ 5,709$ 5,995$ 6,295$ 7285 Office Assistant I 3,860$ 4,053$ 4,256$ 4,469$ 4,692$ 7284 Office Assistant II 4,361$ 4,579$ 4,808$ 5,048$ 5,300$ 7256 Park Equipment Mechanic 5,849$ 6,141$ 6,448$ 6,771$ 7,109$ 7257 Parking Attendant I 2,210$ 2,320$ 2,436$ 2,558$ 2,686$ 7275 Parking Attendant II 2,434$ 2,555$ 2,683$ 2,817$ 2,958$ 6208 Parking Enforcement Officer 5,391$ 5,661$ 5,944$ 6,241$ 6,553$ 6212 Parking Equipment Technician 5,176$ 5,435$ 5,706$ 5,992$ 6,291$ 6209 Parking Maintenance & Collections 5,176$ 5,435$ 5,706$ 5,992$ 6,291$ 6211 Parking Operations Supervisor 7,115$ 7,471$ 7,845$ 8,237$ 8,649$ 7258 Parks & Graffitti Worker 4,694$ 4,929$ 5,176$ 5,434$ 5,706$ 2123 Parks Lead Maintenance Worker 5,993$ 6,293$ 6,607$ 6,938$ 7,284$ 7271 Parks Maintenance Supervisor 7,116$ 7,471$ 7,845$ 8,237$ 8,649$ 7236 Parks Maintenance Worker I 4,930$ 5,176$ 5,435$ 5,707$ 5,992$ 7238 Parks Maintenance Worker II 5,176$ 5,435$ 5,707$ 5,992$ 6,292$ 7296 Permit Services Coordinator 7,153$ 7,511$ 7,887$ 8,281$ 8,695$ 7261 Planning Technician 5,179$ 5,438$ 5,709$ 5,995$ 6,295$ 9453 Principal Planner 9,573$ 10,051$ 10,554$ 11,082$ 11,636$ 7234 Printing Press Operator 5,047$ 5,300$ 5,565$ 5,843$ 6,135$ 1201 Program Coordinator 5,442$ 5,714$ 6,000$ 6,300$ 6,615$ 7290 Public Works Dispatcher 5,176$ 5,435$ 5,707$ 5,992$ 6,292$ 7263 Revenue Supervisor 7,928$ 8,324$ 8,740$ 9,177$ 9,636$ 2309 Senior Building Inspector 7,867$ 8,260$ 8,673$ 9,107$ 9,562$ 7219 Senior Building Technician 6,006$ 6,306$ 6,621$ 6,952$ 7,300$ 7265 Senior Library Assistant 4,541$ 4,768$ 5,007$ 5,257$ 5,520$ 7264 Senior Planner 8,276$ 8,690$ 9,124$ 9,581$ 10,060$ 2204 Sewer Lead Maintenance Worker 6,608$ 6,939$ 7,286$ 7,650$ 8,032$ 7266 Sewer Maintenance Worker I 5,304$ 5,569$ 5,847$ 6,140$ 6,447$ 7267 Sewer Maintenance Worker II 5,708$ 5,993$ 6,293$ 6,607$ 6,938$ 7281 Sewers Supervisor 7,470$ 7,844$ 8,236$ 8,648$ 9,080$ 7269 Shop & Equipment Supervisor 7,116$ 7,471$ 7,845$ 8,237$ 8,649$ 7280 Street Lead Maintenance Worker 5,993$ 6,293$ 6,607$ 6,938$ 7,284$ 7209 Street Maintenance Supervisor 7,116$ 7,471$ 7,845$ 8,237$ 8,649$ 7250 Street Maintenance Worker I 4,930$ 5,176$ 5,435$ 5,707$ 5,992$ 7251 Street Maintenance Worker II 5,176$ 5,435$ 5,707$ 5,992$ 6,292$ 7283 Street Sweeper Operator 5,435$ 5,707$ 5,992$ 6,292$ 6,606$ 7245 Supervising Librarian 6,731$ 7,067$ 7,421$ 7,792$ 8,181$ 8523 Supervising Parking Enforcement Officer 6,063$ 6,366$ 6,684$ 7,018$ 7,369$ 7288 Supervising Vehicle/Equipment Mechanic 6,295$ 6,609$ 6,940$ 7,287$ 7,651$ 7286 Vehicle/Equipment Mechanic I 5,304$ 5,569$ 5,848$ 6,140$ 6,447$ 7287 Vehicle/Equipment Mechanic II 5,849$ 6,141$ 6,448$ 6,771$ 7,109$ 2131 Volunteer Program Assistant 5,248$ 5,510$ 5,785$ 6,075$ 6,378$ *New classification approved with 2021-2024 MOU Exhibit A Grade Position A B C D E 7241 Accountant I 6,400$ 6,720$ 7,056$ 7,409$ 7,779$ 7240 Accountant II 6,720$ 7,057$ 7,409$ 7,780$ 8,169$ 7200 Accounting Assistant I 4,661$ 4,895$ 5,139$ 5,396$ 5,666$ 7201 Accounting Assistant II 5,134$ 5,391$ 5,661$ 5,944$ 6,241$ TBD Senior Accounting Assistant*5,649$ 5,931$ 6,228$ 6,539$ 6,866$ 7299 Accounting Technician 6,402$ 6,722$ 7,058$ 7,411$ 7,782$ 7205 Administrative Analyst 6,050$ 6,352$ 6,670$ 7,003$ 7,353$ 7211 Administrative Assistant I 4,832$ 5,073$ 5,327$ 5,593$ 5,873$ 7212 Administrative Assistant II 5,327$ 5,594$ 5,873$ 6,167$ 6,475$ 7295 Senior Administrative Assistant 5,736$ 6,023$ 6,324$ 6,640$ 6,972$ 7216 Administrative Assistant to the City Clerk 5,736$ 6,023$ 6,324$ 6,640$ 6,972$ 7210 Assistant Planner 6,842$ 7,184$ 7,544$ 7,921$ 8,317$ 7208 Associate Planner 7,551$ 7,929$ 8,325$ 8,741$ 9,179$ 7217 Building Inspector I 6,200$ 6,510$ 6,836$ 7,178$ 7,536$ 7218 Building Inspector II 6,842$ 7,184$ 7,544$ 7,921$ 8,317$ 7475 Building Technician I 5,347$ 5,614$ 5,895$ 6,190$ 6,499$ 7220 Business License Examiner 5,390$ 5,660$ 5,943$ 6,240$ 6,552$ 7222 Code Enforcement Official I 4,967$ 5,215$ 5,476$ 5,750$ 6,038$ 7223 Code Enforcement Official II 5,481$ 5,755$ 6,043$ 6,345$ 6,662$ 7380 Code Enforcement Official III 6,509$ 6,835$ 7,176$ 7,535$ 7,912$ 2119 Construction Inspector - SRSD 6,739$ 7,076$ 7,430$ 7,802$ 8,192$ 7224 Custodian 4,626$ 4,857$ 5,100$ 5,355$ 5,623$ 4210 Data Analyst I 6,989$ 7,339$ 7,706$ 8,091$ 8,496$ 4211 Data Analyst II 7,688$ 8,073$ 8,476$ 8,900$ 9,345$ 4212 Data Analyst III 8,457$ 8,880$ 9,324$ 9,790$ 10,280$ 7226 Deputy City Clerk 5,880$ 6,174$ 6,483$ 6,807$ 7,147$ 7120 Emergency Management Coordinator 5,603$ 5,883$ 6,177$ 6,486$ 6,810$ 7121 Environmental Management Coordinator 5,603$ 5,883$ 6,177$ 6,486$ 6,810$ 7232 Facility Repair Supervisor 7,365$ 7,733$ 8,119$ 8,525$ 8,952$ 7291 Facility Repair Worker I 5,226$ 5,487$ 5,762$ 6,050$ 6,352$ 7233 Facility Repair Worker II 5,764$ 6,052$ 6,354$ 6,672$ 7,006$ 7294 Facility Repair Worker III 6,203$ 6,513$ 6,838$ 7,180$ 7,539$ 7108 Fire Prevention Inspector I 7,835$ 8,226$ 8,638$ 9,070$ 9,523$ 7107 Fire Prevention Inspector II 8,637$ 9,069$ 9,522$ 9,998$ 10,498$ 7298 IT Help Desk Supervisor 7,688$ 8,073$ 8,476$ 8,900$ 9,345$ 7243 Librarian I 5,996$ 6,296$ 6,611$ 6,942$ 7,289$ 7244 Librarian II 6,299$ 6,614$ 6,945$ 7,292$ 7,656$ 2404 Library Aide 2,874$ 3,018$ 3,169$ 3,327$ 3,494$ 7246 Library Assistant I 3,948$ 4,146$ 4,353$ 4,571$ 4,799$ 7247 Library Assistant II 4,465$ 4,688$ 4,923$ 5,169$ 5,427$ City of San Rafael SEIU - SALARY SCHEDULE Effective July 1, 2023 Exhibit A 2405 Library Tech Services Supervisor 5,709$ 5,994$ 6,294$ 6,609$ 6,939$ 7292 Literacy Program Supervisor 6,949$ 7,297$ 7,662$ 8,045$ 8,447$ 7249 Mail and Stores Clerk 4,175$ 4,384$ 4,603$ 4,833$ 5,075$ 7255 Network Analyst 6,991$ 7,340$ 7,707$ 8,092$ 8,497$ 7274 Network Support Technician 5,347$ 5,614$ 5,895$ 6,190$ 6,499$ 7285 Office Assistant I 3,976$ 4,175$ 4,383$ 4,603$ 4,833$ 7284 Office Assistant II 4,491$ 4,716$ 4,952$ 5,199$ 5,459$ 7256 Park Equipment Mechanic 6,054$ 6,356$ 6,674$ 7,008$ 7,358$ 7257 Parking Attendant I 2,276$ 2,390$ 2,509$ 2,635$ 2,767$ 7275 Parking Attendant II 2,507$ 2,632$ 2,764$ 2,902$ 3,047$ 6208 Parking Enforcement Officer 5,553$ 5,830$ 6,122$ 6,428$ 6,749$ 6212 Parking Equipment Technician 5,357$ 5,625$ 5,906$ 6,201$ 6,512$ 6209 Parking Maintenance & Collections 5,357$ 5,625$ 5,906$ 6,201$ 6,511$ 6211 Parking Operations Supervisor 7,364$ 7,733$ 8,119$ 8,525$ 8,951$ 7258 Parks & Graffitti Worker 4,859$ 5,102$ 5,357$ 5,625$ 5,906$ 2123 Parks Lead Maintenance Worker 6,203$ 6,513$ 6,838$ 7,180$ 7,539$ 7271 Parks Maintenance Supervisor 7,365$ 7,733$ 8,119$ 8,525$ 8,952$ 7236 Parks Maintenance Worker I 5,102$ 5,357$ 5,625$ 5,906$ 6,202$ 7238 Parks Maintenance Worker II 5,357$ 5,625$ 5,906$ 6,202$ 6,512$ 7296 Permit Services Coordinator 7,386$ 7,755$ 8,143$ 8,550$ 8,978$ 7261 Planning Technician 5,347$ 5,614$ 5,895$ 6,190$ 6,499$ 9453 Principal Planner 9,884$ 10,378$ 10,897$ 11,442$ 12,014$ 7234 Printing Press Operator 5,199$ 5,459$ 5,732$ 6,018$ 6,319$ 1201 Program Coordinator 5,619$ 5,900$ 6,195$ 6,505$ 6,830$ 7290 Public Works Dispatcher 5,357$ 5,625$ 5,906$ 6,202$ 6,512$ 7263 Revenue Supervisor 8,166$ 8,574$ 9,002$ 9,453$ 9,925$ 2309 Senior Building Inspector 8,122$ 8,528$ 8,955$ 9,403$ 9,873$ 7219 Senior Building Technician 6,201$ 6,511$ 6,836$ 7,178$ 7,537$ 7265 Senior Library Assistant 4,689$ 4,923$ 5,170$ 5,428$ 5,700$ 7264 Senior Planner 8,545$ 8,972$ 9,421$ 9,892$ 10,387$ 2204 Sewer Lead Maintenance Worker 6,840$ 7,182$ 7,541$ 7,918$ 8,314$ 7266 Sewer Maintenance Worker I 5,489$ 5,764$ 6,052$ 6,355$ 6,672$ 7267 Sewer Maintenance Worker II 5,907$ 6,203$ 6,513$ 6,839$ 7,180$ 7281 Sewers Supervisor 7,732$ 8,118$ 8,524$ 8,950$ 9,398$ 7269 Shop & Equipment Supervisor 7,365$ 7,733$ 8,120$ 8,525$ 8,952$ 7280 Street Lead Maintenance Worker 6,203$ 6,513$ 6,838$ 7,180$ 7,539$ 7209 Street Maintenance Supervisor 7,365$ 7,733$ 8,119$ 8,525$ 8,952$ 7250 Street Maintenance Worker I 5,102$ 5,357$ 5,625$ 5,906$ 6,202$ 7251 Street Maintenance Worker II 5,357$ 5,625$ 5,906$ 6,202$ 6,512$ 7283 Street Sweeper Operator 5,625$ 5,906$ 6,202$ 6,512$ 6,837$ 7245 Supervising Librarian 6,949$ 7,297$ 7,662$ 8,045$ 8,447$ 8523 Supervising Parking Enforcement Officer 6,245$ 6,557$ 6,885$ 7,229$ 7,590$ 7288 Supervising Vehicle/Equipment Mechanic 6,515$ 6,841$ 7,183$ 7,542$ 7,919$ 7286 Vehicle/Equipment Mechanic I 5,490$ 5,764$ 6,052$ 6,355$ 6,673$ 7287 Vehicle/Equipment Mechanic II 6,054$ 6,356$ 6,674$ 7,008$ 7,358$ 2131 Volunteer Program Assistant 5,418$ 5,689$ 5,973$ 6,272$ 6,586$ *New classification approved with 2021-2024 MOU Exhibit A Exhibit B W:\Management Services- WorkFile\HR- WorkFile\Human Resources\Labor Relations\Labor negotiations\MOU'S\MOU's 2011\SEIU\SEIU_11-13_ExhB_Benchmark.doc City of San Rafael Employees represented by SEIU Local 1021 Classification/Compensation Summary: Benchmark Linkages Linkage Current Benchmark Title Grade Levels from Benchmark Supervisor – Revenue +16 Accountant II +11 Payroll Technician +10 Accountant I +9 Business License Examiner +2 A Accounting Assistant II Accounting Assistant II 0 Child Care Bookkeeper II 0 Accounting Assistant I -4 Child Care Bookkeeper I -4 Customer Service Clerk -4 Senior Planner +5 Fire Plans Examiner +4 B Associate Planner Associate Planner 0 Fire Prevention Inspector II -.5 Supervising Inspector -2 Programmer Analyst II -3 Assistant Planner -4 Building Inspector II -4 Fire Prevention Inspector I -4.5 Programmer Analyst I -7 Network Analyst -7 GIS Analyst -7 Building Inspector I -8 Code Enforcement Official III - 8 Senior Building Technician -8 Administrative Analyst -9 Recreation Center Supervisor -12 Code Enforcement Official II -13 Planning Technician -14 Network Support Technician -12 Building Technician I -14 Volunteer Program Coordinator -15 GIS Technician -16 Code Enforcement Official I -17 Supervising Parking Enforcement Officer +12.5 C Parking Enforcement Officer Parking Enforcement Officer 0 Supervising Librarian +18 Literacy Program Supervisor +18 Librarian II +14 Librarian I +12 Library Circulation Supervisor +10 Senior Library Assistant +2 D Library Assistant II Library Assistant II 0 Library Assistant I -5 Exhibit B W:\Management Services- WorkFile\HR- WorkFile\Human Resources\Labor Relations\Labor negotiations\MOU'S\MOU's 2011\SEIU\SEIU_11-13_ExhB_Benchmark.doc Linkage Current Benchmark Title Grade Levels from Benchmark Administrative Assistant IV +5 Deputy City Clerk +4 Administrative Assistant to the City Clerk +3 Administrative Assistant III +3 E Secretary or Administrative Assistant II Administrative Assistant II 0 Printing Press Operator -1 Administrative Assistant I -4 Office Assistant II -7 Mail and Stores Clerk -10 Office Assistant I -12 Parking Attendant II -21 Parking Attendant I -23 F Street Maintenance Supervisor Supervisor – Street Maintenance 0 Supervisor – Sewers 0 Supervisor – Facility Repair 0 Shop and Equipment Supervisor 0 Supervisor – Parks 0 Supervising Vehicle/Equipment Mechanic -5 Sewer Maintenance Worker III -5 Supervising Street Maintenance Worker -7 Parking Operations Supervisor -7 Vehicle/Equipment Mechanic II -8 Park Equipment Mechanic -8 Streets Lead Maintenance Worker -9 Parks Lead Maintenance Worker -9 Sewer Maintenance Worker II -9 Facility Repair Worker II -10 Sweeper Operator -11 Vehicle/Equipment Mechanic I -12 Sewer Maintenance Worker I -12 Parks Maintenance Worker II -13 Parking Equipment Technician -13 Parking Maintenance & Collections -13 Parking Meter Repair Technician -13 Street Maintenance Worker II -13 Facility Repair Worker I -14 Yard Clerk/Dispatcher -14 Equipment Service Attendant -15 Street Maintenance Worker I -15 Park & Graffiti Worker -17 Parks Maintenance Worker I -17 Custodian -19 **Bold Print for job class titles represents job classes in the Supervisory Unit. 1 Side Letter Between SEIU Local 1021 (SEIU) and The City of San Rafael July 19, 2021 In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. Additionally, and in accordance with Governor Gavin Newsom’s Executive Order(s), which severely curtailed and/or outright closed commercial establishments, the City temporarily closed its offices for an undetermined amount of time and established remote work options for its non-public safety workforce in order to continue serving the needs of the community. The City utilizes the services of HDL to provide sales tax forecasts and tax revenue projections. HDL advised the City in the Spring of 2020, that it should be prepared for unprecedented financial losses, in an amount upwards of $12M over the next 18 months. In anticipation of these dire financial circumstances, the City exercised its management rights under MOU section 7.6 and implemented a Citywide furlough for all non-safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid the need to implement reductions in force in the future. Two significant things changed during fiscal year 20-21: 1. In the fall of 2020, the Measure R passed, which is expected to increase the City’s annual sales tax revenues by approximately $4M, which the City will begin receiving at the end of FY 20-21, and 2. In the first quarter of 2021, HDL’s sales tax revenue forecasts significantly changed for the better and the revenue losses initially expected due to the pandemic, luckily did not materialize. Based on the two above changes in financial condition, the City is projecting a financial surplus for fiscal year 20-21, therefore the City is willing to issue repayments to employees who were furloughed over the last year. The City is pleased that it is in the financial position to do so. The circumstances that make it possible for the City to reimburse employees for the furlough at this time are extremely unique in nature. The City retains the management right under MOU section 7.6 in the future to implement a furlough if needed. The City does not commit to any future reimbursement of the furlough monies and considers this one-time offer to reimburse the FY 20-21 as non-precedential. Thus, the City now grants to each employee in the bargaining group a one-time re-payment equal to the amount they would have received had the furlough not occurred. In exchange for receiving these funds, employees will not be entitled to 3 days of float under MOU section 7.6.2 subsection 4. The furlough repayment amount for each employee will be calculated based on their individual actual furlough reduction amounts that were deducted from each employee’s paycheck during FY 20-21. The furlough repayment amounts range from approximately $350 - $5,500, depending upon the individual position. The City already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20-21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and it is subject to 2 normal payroll taxation. The actual total dollar amount to be reimbursed to the members of this bargaining unit is $304,200. FOR SEIU: FOR THE CITY OF SAN RAFAEL: _______________________________ ____________________________________ Tiffany Crain, Chief Negotiator Tim Davis, Burke Williams Sorensen _______________________________ ____________________________________ Kenny Gatlin, Negotiator – SEIU Sylvia Gonzalez-Shelton, HR Operations Mgr _______________________________ Tiffany Haley, Negotiator – SEIU ________________________________ Allan Lee, Negotiator – Local 1 ________________________________ Jamie Poirier, Negotiator – Local 1 ________________________________ Wesley Sitchler, Negotiator – Local 1 ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.d Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval TOPIC: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION (JULY 1, 2021 THROUGH JUNE 30, 2024) RECOMMENDATION: Adopt Resolution. BACKGROUND: The San Rafael Fire Chief Officers’ Association (SRFCOA) represents 4 employees in the San Rafael Fire Department. The most recent Memorandum of Understanding (“MOU”) for SRFCOA expired on June 30, 2020 and was extended by side letter through June 30, 2021. Over the past few months, representatives of the City and SRFCOA have met in good faith to negotiate the terms of a successor MOU. The City and SRFCOA reached a tentative agreement on July 6, 2021 for a three-year successor MOU and SRFCOA membership subsequently ratified the agreement. ANALYSIS: The following are the highlights that reflect the terms and significant economic items included in t he agreement between the City and SRFCOA. In addition to the economic items, some operational items were also addressed in the final agreement, all of which can be found in the attached successor MOU. 1. Term of the Agreement: July 1, 2021 through June 30, 2024 2. Salary Increase: The salary schedule included in the attached successor MOU authorizes the proposed new salary for each position. a. Year 1: Value of a 3.5% base wage increase for the bargaining group, effective July 1, 2021 b. Year 2: Value of a 4.0% base wage increase for the bargaining group, effective July 1, 2022 c. Year 3: Value of a 4.0% base wage increase for the bargaining group, effective July 1, 2023 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 3. Non-Economic Items: In addition to items discussed above, agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all the changes agreed to by the parties. A brief overview of these negotiated MOU sections includes: • Retiree Health Savings (Section 4.2.3): SRFCOA employees hired into City employment on or before January 1, 2010 will have access to a retiree health savings (RHS) account. Each employee in the bargaining unit will contribute $5,000 to an RHS account each July 31st in the form of a sick leave conversion of hours. • Arbitration (Section 7.3.6): Update language to allow the mutually acceptable Arbitrator to provide an alternative recommendation for disciplinary action in addition to the ability to affirm or reject the City’s form of discipline. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 4 employees of SRFCOA is $1,516,593. The additional ongoing incremental cost of the successor MOU beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $24,988 $29,557 $30,739 Other costs: Pension* $19,335 $22,871 $23,786 Taxes (Medicare, W/C) $ 2,744 $ 3,245 $ 3,375 Total Incremental Cost: $47,067 $55,673 $57,900 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. While the incremental cost is $47,067 for fiscal year 2021-2022, $55,673 for fiscal year 2022-2023, and $57,900 for fiscal year 2023-24, the increases are compounding and therefore the projected wages and other costs total $310,447 for the three-year term. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the Resolution to Approve the Memorandum of Understanding between the City of San Rafael and San Rafael Fire Chief Officers’ Association pertaining to compensation and working conditions (July 1, 2021 through June 30, 2024). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 ATTACHMENTS: 1. Resolution with attached MOU between City of San Rafael and San Rafael Fire Chief Officers’ Association for July 1, 2021 to June 30, 2024 (and all attachments). RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION (SRFCOA) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2021 THROUGH JUNE 30, 2024) WHEREAS, the San Rafael Fire Chief Officers’ Association (SRFCOA) labor agreement with the City will expire on June 30, 2021, after a one-year extension; and WHEREAS, the City of San Rafael and representatives of SRFCOA have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from July 1, 2021, through June 30, 2024, and has been ratified by SRFCOA members; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and San Rafael Fire Chief Officers’ Association (SRFCOA) shall utilize the MOU for the period beginning July 1, 2021, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SEIU. Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full. 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 19th of July 2021, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _____________________________ Lindsay Lara, City Clerk MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION JULY 1, 2021 - JUNE 30, 2024 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION JULY 1, 2021 - JUNE 30, 2024 1 SRFCO MOU 2021-2024 TABLE OF CONTENTS 1 GENERAL PROVISIONS ............................................................................................................. 4 1.1 INTRODUCTION .................................................................................................................................... 4 1.1.1 SCOPE OF AGREEMENT .................................................................................................................. 4 1.1.2 TERM OF MEMORANDUM OF UNDERSTANDING (MOU) ................................................................ 4 1.2 RECOGNITION ..................................................................................................................................... 4 1.2.1 BARGAINING UNIT ............................................................................................................................ 4 1.2.2 AVAILABLE COPIES .......................................................................................................................... 5 1.2.3 CITY RECOGNITION ......................................................................................................................... 5 1.2.4 EMPLOYEE REPRESENTATIVES ...................................................................................................... 5 1.3 DISCRIMINATION ................................................................................................................................. 5 1.3.1 IN GENERAL ..................................................................................................................................... 5 1.3.2 ASSOCIATION DISCRIMINATION ...................................................................................................... 5 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ...................................................................... 5 1.5 EXISTING LAWS, REGULATIONS & POLICIES .................................................................................... 5 1.6 STRIKES & LOCKOUTS ....................................................................................................................... 5 1.7 SEVERABILITY ..................................................................................................................................... 6 1.8 PREVAILING RIGHTS ........................................................................................................................... 6 1.9 MANAGEMENT RIGHTS ....................................................................................................................... 6 1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER .......................................................................... 7 1.10.1 MODIFICATION/WAIVER ................................................................................................................ 7 1.10.2 EFFECTIVE DATES ......................................................................................................................... 7 1.10.3 JOINT REPRESENTATION .............................................................................................................. 7 2 MMBA .................................................................................................................................................. 7 2.1 DUES DEDUCTION............................................................................................................................... 7 2.2 RELEASE TIME .................................................................................................................................... 8 2.3 ASSOCIATION ORIENTATION OF NEW EMPLOYEES .......................................................................... 8 2.4 EMPLOYEE INFORMATION .................................................................................................................. 8 3 COMPENSATION ........................................................................................................................... 9 3.1 GENERAL WAGES & COMPENSATION ............................................................................................... 9 3.1.1 GENERAL WAGE INCREASE ............................................................................................................ 9 3.1.2 COMPENSATION GOAL & DEFINITIONS .......................................................................................... 9 3.1.3 COMPENSATION SURVEYS .............................................................................................................. 9 3.2 SALARY STEP INCREASE ................................................................................................................. 10 3.3 PAY CHECK DATES .......................................................................................................................... 10 3.4 ADDITIONAL PAY .............................................................................................................................. 10 3.4.1 EDUCATION INCENTIVE PROGRAM ............................................................................................... 10 3.4.2 UNIFORM ALLOWANCE .................................................................................................................. 10 3.4.3 BOOT ALLOWANCE ........................................................................................................................ 10 4 BENEFITS ........................................................................................................................................ 10 4.1 JOINT BENEFITS COMMITTEE .......................................................................................................... 10 4.2 HEALTH & WELFARE ........................................................................................................................ 11 4.2.1 FULL FLEX CAFETERIA PLAN ........................................................................................................ 11 4.2.2 RETIREE’S HEALTH INSURANCE ................................................................................................... 12 4.2.3 CONTRIBUTIONS INTO A RETIREE HEALTH SAVINGS ACCOUNT (RHS) ..................................... 12 4.2.4 DEFERRED COMPENSATION PLAN ............................................................................................... 12 4.2.5 FLEXIBLE SPENDING ACCOUNT FOR HEALTH AND DEPENDENT CARE REIMBURSEMENT (125) .............. 13 4.3 LIFE INSURANCE ............................................................................................................................... 13 4.4 LONG TERM DISABILITY POLICY ..................................................................................................... 13 4.5 DENTAL PLAN ................................................................................................................................... 13 4.6 RETIREMENT ..................................................................................................................................... 13 2 SRFCO MOU 2021-2024 4.6.1 CITY PAID EMPLOYEE RETIREMENT ............................................................................................. 13 4.6.2 RETIREMENT PLANS ...................................................................................................................... 14 4.6.3 MEMBER COST OF LIVING RATES ................................................................................................ 14 4.6.4 ADDITIONAL PENSION FUNDING ................................................................................................... 14 5 LEAVES .............................................................................................................................................. 14 5.1 SICK LEAVE ...................................................................................................................................... 14 5.1.1 POLICY STATEMENT ...................................................................................................................... 14 5.1.2 ADMINISTRATION OF SICK LEAVE ................................................................................................. 14 5.1.3 SICK LEAVE ACCRUAL ................................................................................................................... 15 5.1.4 SICK LEAVE SERVICE CREDIT OPTION ........................................................................................ 15 5.1.5 SICK LEAVE PAYOFF ..................................................................................................................... 15 5.2 VACATION LEAVE ............................................................................................................................. 15 5.2.1 POLICY STATEMENT ...................................................................................................................... 15 5.2.2 RATE OF ACCRUAL ........................................................................................................................ 16 5.2.3 ADMINISTRATION OF VACATION LEAVE ........................................................................................ 16 5.2.4 VACATION ACCRUAL CAP ............................................................................................................. 17 5.2.5 VACATION PAYOFF ........................................................................................................................ 17 5.3 HOLIDAYS.......................................................................................................................................... 17 5.3.1 DAYS OBSERVED ........................................................................................................................... 17 5.3.2 HOLIDAY PAY ................................................................................................................................. 18 5.4 OTHER LEAVE ................................................................................................................................... 18 5.4.1 ADMINISTRATIVE LEAVE ................................................................................................................ 18 5.4.2 BEREAVEMENT LEAVE ................................................................................................................... 18 5.4.3 JURY DUTY .................................................................................................................................... 18 5.4.4 WORKERS COMPENSATION LEAVE .............................................................................................. 18 5.4.5 MILITARY LEAVE ............................................................................................................................ 19 5.4.6 LEAVE OF ABSENCES WITHOUT PAY ........................................................................................... 19 5.4.7 FAMILY MEDICAL LEAVE ................................................................................................................ 19 5.4.8 CATASTROPHIC LEAVE .................................................................................................................. 19 5.4.9 ABSENCE WITHOUT AUTHORIZED LEAVE .................................................................................... 19 5.5 ACCRUAL BALANCE ADJUSTMENT ................................................................................................. 19 6 TERMS & CONDITIONS OF EMPLOYMENT .................................................................... 19 6.1 WORK WEEK..................................................................................................................................... 19 6.2 HOURLY RATE ................................................................................................................................... 20 6.3 OVERTIME ......................................................................................................................................... 20 6.4 CONTRACTUAL OVERTIME LEAVE ................................................................................................... 20 6.4.1 ACCRUAL LIMIT ............................................................................................................................. 20 6.4.2 OVERTIME RATE ............................................................................................................................ 20 6.5 SPECIALTY ASSIGNMENT ................................................................................................................. 21 6.6 SELECTION ........................................................................................................................................ 21 6.6.1 SELECTION PROCESS ................................................................................................................... 21 6.6.2 REFERRAL PROCESS .................................................................................................................... 21 6.6.3 BATTALION CHIEF QUALIFICATIONS ............................................................................................. 21 6.7 PROBATIONARY PERIOD .................................................................................................................. 21 6.7.1 PURPOSE OF PROBATION ............................................................................................................. 21 6.7.2 LENGTH OF PROBATIONARY PERIOD ........................................................................................... 21 6.7.3 REJECTION DURING PROBATION .................................................................................................. 21 6.7.4 EXTENSION OF PROBATIONARY PERIOD ...................................................................................... 21 6.7.5 NOTIFICATION OF EXTENSION OR REJECTION ............................................................................. 22 6.7.6 REGULAR STATUS ......................................................................................................................... 22 6.7.7 PROMOTION OF PROBATIONARY EMPLOYEE ............................................................................... 22 6.7.8 UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION ........................................................ 22 3 SRFCO MOU 2021-2024 6.8 PERSONNEL RULES & REGULATIONS ............................................................................................. 22 6.8.1 DRUG & ALCOHOL POLICY ............................................................................................................ 22 6.8.2 OUTSIDE EMPLOYMENT POLICY ................................................................................................... 22 6.8.3 TEMPORARY LIGHT (MODIFIED) DUTY POLICY STATEMENT ....................................................... 22 6.8.4 NO SMOKING/TOBACCO USE POLICY .......................................................................................... 22 6.8.5 MEDICAL STANDARDS ................................................................................................................... 23 6.9 MISCELLANEOUS .............................................................................................................................. 23 6.9.1 RETURN OF CITY EQUIPMENT ...................................................................................................... 23 6.9.2 POLITICAL ACTIVITY ...................................................................................................................... 23 6.9.3 STAFFING LEVELS ......................................................................................................................... 23 6.9.4 CAREER DEVELOPMENT PROGRAM ............................................................................................. 23 6.9.5 GYM REIMBURSEMENT .................................................................................................................. 23 7 PROCEDURES ............................................................................................................................... 23 7.1 DEMOTION & SUSPENSION .............................................................................................................. 23 7.1.1 DEMOTION...................................................................................................................................... 23 7.1.2 SUSPENSION .................................................................................................................................. 24 7.2 TERMINATION OF EMPLOYMENT ...................................................................................................... 24 7.2.1 RESIGNATION ................................................................................................................................. 24 7.2.2 TERMINATION/ DEMOTION - LACK OF WORK OR FUNDS .............................................................. 24 7.2.3 TERMINATION - DISCIPLINARY REASONS ..................................................................................... 24 7.2.4 TERMINATION - PROBATION .......................................................................................................... 24 7.2.5 RETIREMENT .................................................................................................................................. 24 7.3 DISCIPLINARY ACTION ..................................................................................................................... 24 7.3.1 AUTHORITY .................................................................................................................................... 24 7.3.2 DEFINITION ..................................................................................................................................... 25 7.3.3 CAUSES FOR DISCIPLINARY ACTION ............................................................................................ 25 7.3.4 APPEALS ........................................................................................................................................ 25 7.3.5 PROCEEDING HEARD BY CITY MANAGER .................................................................................... 26 7.3.6 CITY MANAGER AND ARBITRATION ............................................................................................... 26 7.4 GRIEVANCE PROCEDURE ................................................................................................................. 26 7.4.1 DEFINITION ..................................................................................................................................... 26 7.4.2 INITIAL DISCUSSION ....................................................................................................................... 26 7.4.3 REFERRAL TO CITY MANAGER ..................................................................................................... 26 7.4.4 CITY MANAGER AND ARBITRATION ............................................................................................... 27 7.5 FURLOUGH PROGRAM ...................................................................................................................... 27 7.6 REDUCTION IN FORCE ...................................................................................................................... 27 7.6.1 AUTHORITY .................................................................................................................................... 27 7.6.2 NOTICE ........................................................................................................................................... 27 7.6.3 ORDER OF LAYOFF ........................................................................................................................ 27 7.6.4 SENIORITY ...................................................................................................................................... 27 7.6.5 BUMPING RIGHTS .......................................................................................................................... 28 7.6.6 TRANSFER RIGHTS ........................................................................................................................ 28 7.7 RE-EMPLOYMENT ............................................................................................................................. 28 7.7.1 GENERAL GUIDELINES .................................................................................................................. 28 7.7.2 RIGHT TO RE-EMPLOYMENT ......................................................................................................... 28 7.7.3 TIME LIMITS .................................................................................................................................... 28 7.7.4 AVAILABILITY .................................................................................................................................. 28 7.7.5 PROBATIONARY STATUS ............................................................................................................... 28 7.7.6 RESTORATION OF BENEFITS ......................................................................................................... 29 LIST OF EXHIBITS Exhibit A Salary Schedules for July 1, 2021 – June 30, 2024 Exhibit B Furlough Plan 4 SRFCO MOU 2021-2024 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Section 3500, et seq. the Government Code of the State of California). The San Rafael Fire Chief Officers’ Association and representatives of the City of San Rafael have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in said representative unit, and have freely exchanged information, opinions and proposals, and have reached an agreement on all matters relating to the employment conditions and the employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 2021 and ending June 30, 2024. When ratified by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael Fire Chief Officers’ Association, the employees it represents, and the City of San Rafael. 1 GENERAL PROVISIONS 1.1 INTRODUCTION 1.1.1 Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called “CITY”) and the San Rafael Fire Chief Officers’ Association (herein-after called “ASSOCIATION”) and shall apply to all employees of the City working in the classifications and bargaining unit set forth as follows: a. Battalion Chief In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the City’s Personnel Ordinance, City’s Personnel Rules and Regulations, City’s Employer-Employee Resolution, City’s Administrative Procedures, and Fire Department Rules and Regulations, General Orders and Procedures. 1.1.2 Term of Memorandum of Understanding (MOU) This agreement shall be in effect from July 1, 2021 through June 30, 2024. 1.2 RECOGNITION 1.2.1 Bargaining Unit City hereby recognizes Association as the bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Fire Chief Officers’ Association Bargaining Unit which includes the following: a. Battalion Chief 5 SRFCO MOU 2021-2024 1.2.2 Available Copies Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. 1.2.3 City Recognition The Municipal Employee Relations Officer of the City of San Rafael, or any person or organization duly authorized by the Municipal Relations Officer, is the representative of the City of San Rafael, hereinafter referred to as the “City” in employer-employee relations, as provided in Resolution No. 12189 adopted by the City Council on February 5, 2007. 1.2.4 Employee Representatives The Association shall, by written notice to the City Manager, designate certain of its members as Employee Representatives. 1.3 DISCRIMINATION 1.3.1 In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, gender, gender expression, gender identity, marital status, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history) or physical or mental disability. Any employee who believes they are being discriminated against should refer to the City of San Rafael’s Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure outlined in this MOU. 1.3.2 Association Discrimination No member, official, or representative of the Association shall, in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association. 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING Both the City and the Association agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. 1.5 EXISTING LAWS, REGULATIONS & POLICIES This Memorandum is subject to all applicable laws. 1.6 STRIKES & LOCKOUTS During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees and the Association agrees that it will not agree to encourage or approve any strike or slow down growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement. 6 SRFCO MOU 2021-2024 1.7 SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 1.8 PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinances or resolutions, which are not specifically superseded by the M.O.U., shall remain in full force and effect throughout the term of this Agreement. 1.9 MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence of facts which are the basis of the management decision. 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non-disciplinary reasons. 11. To establish and modify organizational productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations, the Firefighters Procedural Bill of Rights, and this Memorandum of Understanding. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and the City’s Rules and Regulations. 7 SRFCO MOU 2021-2024 15. To determine policies, procedure and standards for selection, training and promotion of employees. 16. To establish employee performance standards including but not limited to, quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and Association agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. 1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER 1.10.1 Modification/Waiver Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 2020. 1.10.2 Effective Dates This Agreement will be in effect from July 1, 2021 through June 30, 2024. It shall be automatically renewed from year to year thereafter unless either party shall have notified the other, in writing, at least sixty (60) days prior to the annual anniversary of the above date that it desires to modify the Memorandum. In the event that such notice is given, negotiations shall begin no later than thirty (30) days prior to the anniversary date. 1.10.3 Joint Representation The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 2 MMBA 2.1 DUES DEDUCTION Payroll deduction for membership dues shall be granted by the City to the Association. The following procedures shall be observed in the withholding of employee earnings: A. Payroll deductions shall be for a specified amount in uniform as between employee members of the Association and shall not include fines, fees and/or assessments. Dues deductions shall be made only upon the employees’ written authorization. 8 SRFCO MOU 2021-2024 B. Authorization, cancellation or modifications of payroll deduction shall be made upon forms provided or approved by the City Manager or his/her designee. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee by written notice to the City Manager or his/her designee. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the classification to which such employees are assigned. C. Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. D. The employees’ earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other required deductions have priority over the employee organization deduction. E. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check-off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of support ing evidence. 2.2 RELEASE TIME The City shall allow a reasonable number of Association members time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. Reasonable time off without loss of compensation or other benefits shall also be granted to members of the Association to participate in and prepare for grievances. 2.3 ASSOCIATION ORIENTATION OF NEW EMPLOYEES Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will provide the new employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City. 2.4 EMPLOYEE INFORMATION The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date. 9 SRFCO MOU 2021-2024 3 COMPENSATION 3.1 GENERAL WAGES & COMPENSATION 3.1.1 General Wage Increase In the First Year, compensation increases will take effect the pay period including July 1, 2021 or the first full pay period following Council ratification of a new MOU, whichever occurs later. In Year 1, the City will provide a 1.6% general salary increase plus a 1.9% equity adjustment (3.5% total); In Year 2, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment (4% total); and, In Year 3, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment (4% total). 3.1.2 Compensation Goal & Definitions It is the goal of the City Council to try to achieve a total compensation package for all employees represented by the Association in an amount equal to the following: 1. The average, plus one dollar, of the total compensation paid to the same or similar classifications in the following ten (10) cities/districts: Alameda, Alameda County, Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa, Southern Marin Fire District, and South San Francisco, Vallejo; and, 2. The highest total compensation paid to the same or similar classifications in agencies in Marin County. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation, employer’s contribution towards employees’ share of retirement, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans and employer paid cafeteria/flexible spending accounts. Total compensation comparisons shall be calculated both with and without the employer’s retirement contribution. 3.1.3 Compensation Surveys To measure progress towards the above-stated goal, the City and the Association will jointly survey the benchmark position of Battalion Chief three (3) months before the expiration of this contract. Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements. Survey data will include all salary and benefit increases, as defined in 'total compensation' for the purpose of measuring progress towards the goal. The City and the Association shall review the benchmark and related survey data for accuracy and completeness. 10 SRFCO MOU 2021-2024 3.2 SALARY STEP INCREASE An employee shall be considered for a step increase annually until the top step has been reached. Advancement to a higher salary within a salary step schedule may be granted for continued satisfactory service by the employee in the performance of his/her duties. Salary step advancement shall be made only upon the recommendation of the Fire Chief, with the approval of the City Manager or his/her designee, and are not automatic, but based on documented, acceptable work performance. Accelerated salary step increases may be granted an employee based upon the recommendation of the Fire Chief and approval of the City Manager for exceptional job performance. 3.3 PAY CHECK DATES City employees are paid twice per month on the 15th and the last working day of the month. When a pay day falls on a holiday, the pay day will be transferred to the following day of regular business unless the Finance Office is able to complete the payroll by the previous work day. The method of distributing the payroll shall be established by the Finance Director. During the term of this Agreement, the City may institute change the payroll schedule from 24 pay cycles per year to 26 pay cycles per year. 3.4 ADDITIONAL PAY 3.4.1 Education Incentive Program The Educational Incentive for all employees represented by this Association is included in the base salary. 3.4.2 Uniform Allowance Uniform members of the Fire Department, represented by this Association, shall receive a uniform allowance in the amount of $805.00 at the completion of each six months of service ending June 1st and December 1st. A pro-ration at the rate of $134.17 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. 3.4.3 Boot Allowance Uniform members of the Fire Department, represented by this Association, shall be entitled to a maximum of $160 every two fiscal years for a boot allowance. The employee is responsible for purchasing safety boots and submitting a receipt for reimbursement. The boots must be purchased for City use only and must adhere to safety requirements. 4 BENEFITS 4.1 JOINT BENEFITS COMMITTEE Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of benefit programs, cost containment, and cost savings options. The committee shall include representatives from all bargaining groups. 11 SRFCO MOU 2021-2024 4.2 HEALTH & WELFARE 4.2.1 Full Flex Cafeteria Plan Effective January 1, 2010 the City implemented a full flex cafeteria plan for active employees in accordance with IRS Code Section 125. Active employees shall receive a monthly flex dollar allowance to purchase benefits under the Full Flex Cafeteria plan. The monthly flex dollar allowance effective the first paycheck of December 2020 shall be: For employee only: $ 755.62 For employee and one dependent: $ 1,208.99 For employee and two or more dependents: $ 1,571.70 Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area Region premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) Minimum Employer contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. Conditional Opt-out Payment: An employee may elect to waive the City’s health insurance coverage and receive an Opt-out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional Opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. The Opt-out payment will be $760 per month for employees hired into the association on or before January 1, 2017. New members hired into the association after January 1, 2017, shall be eligible for a $300 Opt-out payment. The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations or other legislation or agency guidance. 12 SRFCO MOU 2021-2024 4.2.2 Retiree’s Health Insurance Employees represented by the Association who retire from the Marin County Retirement System, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans, are eligible to continue in the City’s retiree group health insurance program offered through PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. A. Employees hired by the City before January 1, 2010 The City shall make a monthly retiree health insurance payment on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this Section. The City’s monthly payment shall be the difference between the premium cost of coverage minus the PEMHCA minimum contribution. The City’s total payment shall not exceed $557 per month. This monthly payment shall include the PEMHCA minimum contribution. The City’s retiree health insurance payment shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage. B. Employees hired by the City on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City’s group health insurance program. The City’s maximum contribution towards retiree coverage under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner, or dependents upon the employee’s retirement from the City. 4.2.3 Contributions into a Retiree Health Savings Account (RHS) For employees hired into City employment after January 1, 2010, the City shall contribute 2% of top step Firefighter-Paramedic base salary into a Retiree Health Savings (RHS) Account and the employee shall also contribute 2% of top step Firefighter-Paramedic base salary into the same account. In the event an employee’s salary is not sufficient to contribute the 2%, no City or employee contribution will be made until such time as the salary is sufficient to make the contribution. This contribution will occur each pay period beginning the month after the employee has been hired. Employees hired into City employment on or before January 1, 2010, will contribute $5,000 to an RHS account each July 31st in the form of a sick leave conversion of hours. 4.2.4 Deferred Compensation Plan Over the course of this Agreement, the City will provide up to two deferred compensation plan providers, as allowed under the Internal Revenue Code Section 457. Participation in a plan is voluntary and the administrative fees to participate in the plan are the responsibility of employees. The City will make a monthly contribution of 0.83% of base salary to a deferred compensation plan. 13 SRFCO MOU 2021-2024 In addition, the City will provide at least one Roth 457 plan option to members by October 1, 2021. The Roth 457 will be funded by employee contributions only. 4.2.5 Flexible Spending Account for Health and Dependent Care Reimbursement (125) The City will continue to offer a Section 125 Plan pursuant to the IRS Code. City shall establish annual enrollment period for the Section 125 Plan and each employee must re-enroll if he/she wishes to participate in the Section 125 Plan for the following calendar year. City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process but agrees to coordinate all changes through the Employee Benefits Committee. 4.3 LIFE INSURANCE The City will pay the full premium cost for enrollment in the group term insurance plans for employees represented by this bargaining unit. The basic plan provides $150,000 of group term life insurance and $150,000 of AD&D benefit. 4.4 LONG TERM DISABILITY POLICY The City shall pay premiums for a Long-Term Disability Policy for each employee. The Long- Term Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $7,500 per month through the City’s CIGNA coverage. Members of the Chief Officer’s Association may choose to subscribe to a long-term disability (LTD) plan other than that offered by the City as long as there is no cost to the City. 4.5 DENTAL PLAN A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year per person, with a $75 deductible limit per family; and orthodontic care (50/50 cost sharing). B. The dental plan shall provide for an 80/20 cost sharing for basic services such as casts, crowns and restorations. Major services such as bridgework and dentures are covered using a 50/50 cost sharing formula. C. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. The City will add the full cost of the dental premium as a paid benefit by the City to the Full Flex Cafeteria Plan enrollment form. D. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar year. Orthodontic benefits remain unchanged and are limited to those dependents up to the age of 19 and subject to a $1,000 per person, per lifetime benefit. 4.6 RETIREMENT 4.6.1 City Paid Employee Retirement Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. Employees represented by this bargaining group who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements), shall receive employment 14 SRFCO MOU 2021-2024 service credit for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 5.1.5. of this M.O.U.). 4.6.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement program to all safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employees’ single highest year of compensation with a 3% COLA. Safety members hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55, calculated based on the average of their highest consecutive three years of compensation, with a 2% COLA benefit cap. Safety employees hired on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013 shall be enrolled in the MCERA 2.7%@57 plan for Safety members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. 4.6.3 Member Cost of Living Rates Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.6.4 Additional Pension Funding Effective the pay period including September 1, 2013, each member shall pay an additional 1.0% of pensionable compensation to the Marin County Employee Retirement Association through a payroll deduction to help fund pension. This deduction shall be made on a pre-tax basis to the extent allowed by law. 5 LEAVES 5.1 SICK LEAVE 5.1.1 Policy Statement Each employee represented by this Association shall be eligible to accrue sick leave benefits. Employees may use accrued sick leave, if necessary, during their probationary period. Sick leave shall not be considered as a privilege, which an employee may use at his/her discretion but shall be allowed only in case of necessity and actual sickness or disability. 5.1.2 Administration of Sick Leave An employee eligible for sick leave with pay will be granted such leave with the approval of the Fire Chief for the following purposes: Personal illness or illness within the immediate family (immediate family is defined based on California Paid Sick Leave law as employee’s spouse, registered domestic partner, children and/or employee’s parents, in-laws, siblings, grandchild 15 SRFCO MOU 2021-2024 and grandparents) or physical incapacity resulting from causes beyond the employee’s control; or Enforced quarantine of the employee in accordance with community health regulations. Except that an employee may not use sick leave for a work-related injury and/or illness once said employee has been determined permanent and stationary. The employee is required to notify the Fire Chief according to department rules and regulations at the beginning of his/her workday if said employee will be absent under the provisions of sick leave. Every employee who is absent from his/her duties for two (2) consecutive days, under the provisions of sick leave, shall file with the Human Resources Director, if so requested, a verification in the form of a physician's certificate or the employee's personal affidavit, verifying the employee’s eligibility for sick leave. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, up to and including dismissal. In recognition of exempt status from FLSA, time off for Sick leave purposes shall not be deducted from employee’s accrual unless the employee is absent for the full workday. 5.1.3 Sick Leave Accrual Represented employees working a 56-hour work week shall earn sick leave credits at the rate of twelve (12) hours per month. Represented employees working a 37.5-hour work week shall earn sick leave credits at the rate of 7.5 hours per month. Accrual of sick leave for usage purposes is unlimited. The maximum accrual limits for sick leave payoff purposes are 1,200 hours for employees working a 37.5-hour work week and 1,680 hours for employees working a 56-hour work week. 5.1.4 Sick Leave Service Credit Option Employees who are eligible to accrue sick leave and who retire from the City of San Rafael on or after February 1, 2007 and within 120 days of leaving City employment (excludes deferred retirement) shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement, pursuant to Section 5.1.5 – Sick Leave Payoff). 5.1.5 Sick Leave Payoff Employees who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. Sick leave payoff would be subject to a maximum of 600 hours for 37.5 hour per week employees and 840 hours for 56-hour per week employees, subject to the 3% per year formula noted above. In the event of the death of an employee, payment for unused sick leave based upon the previously stated formula shall be paid to the employee's designated beneficiary. 5.2 VACATION LEAVE 5.2.1 Policy Statement Each employee represented by this Association shall be eligible to accrue vacation leave benefits. Employees shall be eligible to use accrued vacation leave after six (6) months of employment, subject to the approval of the Fire Chief. 16 SRFCO MOU 2021-2024 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service: For 37.5 hour per week employees YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER PAY PERIOD 1 – 5 Years 15 days or 112.5 hours 4.69 hours 6 Years 16 days or 120 hours 5.00 hours 7 Years 17 days or 127.5 hours 5.31 hours 8 Years 18 days or 135 hours 5.63 hours 9 Years 19 days or 142.5 hours 5.94 hours 10 Years 20 days or 150 hours 6.25 hours 11 Years 21 days or 157.5 hours 6.56 hours 12 Years 22 days or 165 hours 6.88 hours 13 Years 23 days or 172.5 hours 7.19 hours 14 Years 24 days or 180 hours 7.5 hours 15+ Years 25 days or 187.5 hours 7.81 hours For 56-hour per week employees YEARS OF SERVICE ACCRUAL PER YEAR ACCRUAL PER PAY PERIOD 1 – 5 Years 7.5 shifts or 180 hours 7.5 hours 6 Years 8 shifts or 192 hours 8 hours 7 Years 8.5 shifts or 204 hours 8.5 hours 8 Years 9 shifts or 216 hours 9 hours 9 Years 9.5 shifts or 228 hours 9.5 hours 10 Years 10.0 shifts or 240 hours 10 hours 11 Years 10.5 shifts or 252 hours 10.5 hours 12 Years 11shifts or 264 hours 11 hours 13 Years 11.5 shifts or 276 hours 11.5 hours 14 Years 12 shifts or 288 hours 12 hours 15+ Years 12.5 shifts or 300 hours 12.5 hours 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Fire Chief, may advance vacation credits to any eligible employee, except that if the employee leaves City employment before accruing the used vacation leave said employee will reimburse the City for the advanced vacation leave. In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be deducted from the employee’s accrual unless the employee is absent for the full work day. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by the Fire Chief with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. 17 SRFCO MOU 2021-2024 In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off. 5.2.4 Vacation Accrual Cap At any time during each calendar year employees will be limited (capped) in the number of vacation hours they can accrue. No employee may accrue more than 265 hours for 37.5 hour per week employees and 396 hours for 56-hour per week employees. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit. Employees may, for special situations (i.e., extended medical leave) request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request and be consistent with the provisions of the MOU. This additional vacation accrual could not exceed one-half of the employee’s regular annual vacation accrual. In no case would the addition of vacation accrual over the cap be extended beyond one additional year. If an employee exceeds the accrued vacation balance (cap) as a result of being on extended leave pursuant to Labor Code Section 4850, those accrued hours would be carried forward and the employee would be allowed to use the additional accrued hours without penalty. In no event will an employee have their vacation hours reduced as a result of exceeding the cap due to having been off on Labor Code 4850 time as a result of an industrial injury, if the time off due to an industrial injury prevented them from taking scheduled vacation. 5.2.5 Vacation Payoff Upon termination of employment by resignation, retirement, or death, employees who leave the municipal service in good standing shall receive compensation of all accrued unused vacation leave earned prior to the effective date of leaving their City position. In the event of the death of an employee, payment for unused vacation leave shall be paid to the employee's designated beneficiary. 5.3 HOLIDAYS 5.3.1 Days Observed Employees covered under this Memorandum of Understanding shall be entitled to the following holidays: New Year’s Day Labor Day Martin Luther King Day Admission Day** Washington’s Birthday* Veteran’s Day Lincoln’s Birthday* Thanksgiving Day Cesar Chavez Day Day after Thanksgiving Memorial Day Christmas Independence Day Notes: *For employees working a 37.5-hour work week, Washington’s and Lincoln’s birthdays are combined as President’s Day; with that said, employees shall receive one floating holiday. 18 SRFCO MOU 2021-2024 **A floating holiday is provided in lieu of Admission’s Day off. 7.5 hours for these floating holidays are automatically added to an employee’s Floating Holiday accrual on a semi-annual basis. 5.3.2 Holiday Pay All 56 hour a week shift employees represented by this Association are entitled to additional straight time compensation for every holiday given above. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. Holiday pay formula will be based on a 56-hour work week (2,912 hours per year for calculating the hourly rate for a twelve-hour day). 5.4 OTHER LEAVE 5.4.1 Administrative Leave Represented employees working a 37.5-hour work week shall receive ten (10) Administrative Leave days (75 hours) each calendar year (56-hour work week represented employees shall receive 5.0 shifts [120 hours]) subject to the approval of the department head. Unused Administrative Leave does not carry over from one calendar year to the next, nor are unused balances paid off upon an employee’s resignation. In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be deducted from employee accrual, unless the employee is absent for the full workday. 5.4.2 Bereavement Leave In the event of the death of an employee’s spouse, registered domestic partner, child, parent, sibling, in-law(s), grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee’s household, up to three (3) days for 37.5 hour per week represented employees (2 shifts for 56 hour per week employees) of bereavement leave within the state and up to five (5) days for 37.5 hour per week represented employees (2 shifts for 56 hour per week employees) of out of state bereavement leave may be granted to attend the funeral. In those cases where the death involves an individual who had such a relationship with the employees, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Fire Chief as part of the request for bereavement leave. 5.4.3 Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duty until released by the court. The employee shall notify his/her employer in advance when summoned for jury duty. If the employee is a shift employee and is selected to serve on a jury, said employee shall not be required to perform duty during non-court hours until released by the court. 5.4.4 Workers Compensation Leave Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor Code. Non-safety employees shall be governed by applicable state law and City Rules and Regulations. Refer to Section 5.1.2 for qualifications regarding use of accrued sick leave. 19 SRFCO MOU 2021-2024 5.4.5 Military Leave Military leave as defined in State law shall be granted to any regular employee. All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.4.6 Leave of Absences Without Pay Leave of absences without pay (for non-medical reasons which are covered by Section 5.4.7.) may be granted in cases of emergency or where such absence would not be contrary to the best interest of the City. Such leave so granted is not a right but an authorized privilege. Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the Appointing Authority. All other applicable leaves must be exhausted and no vacation, sick leave, or any other paid benefit shall be accrued or used during such leave. The Fire Chief, as Appointing Authority, may grant up to 30 days of leave without pay depending upon the merit of the case. Any leave without pay in excess of 30 days may only be granted upon the recommendation of the Fire Chief and approval of the City Manager and may not exceed a total of six months. 5.4.7 Family Medical Leave Such leave shall be in accordance with applicable State and Federal law. 5.4.8 Catastrophic Leave Association members shall abide by City Policy. 5.4.9 Absence Without Authorized Leave An unauthorized absence of an employee for three consecutive work days may result in an investigation as to the circumstances of the situation and disciplinary action up to and including termination, if warranted. 5.5 ACCRUAL BALANCE ADJUSTMENT When a member moves from a 56-hour work week assignment to a 37.5-hour work week assignment, accrued vacation, sick, and administrative leave hour balances will be multiplied by .67 to determine new leave balances. When a member moves from a 37.5-hour work week assignment to a 56-hour work week assignment, accrued vacation, sick, and administrative leave hours will be multiplied by 1.49 to determine new leave balances. This does not apply to temporary reassignments. 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 WORK WEEK The established work week for suppression employees covered by this Memorandum of Understanding shall consist of a fifty-six (56) hour workweek with a three (3) platoon system. A work shift shall be defined as twenty-four (24) consecutive hours, commencing at 0800 and continuing through 0800 the following day. A set shall be defined as two twenty-four hour shifts worked consecutively. 20 SRFCO MOU 2021-2024 Suppression employees work a fifty-six (56) hour work week in twenty-four (24) hour shifts within a twenty-four (24) day cycle as listed below (commonly referred to as the “2 X 4” schedule): X = 24 hour on-duty period 0 = 24 hour off-duty period Example: XXOOOO/XXOOOO/XXOOOO/XXOOOO The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees should notify the Fire Department administration that sick leave use is needed according to current policy and before each 24-hour shift. The established workweek for 37.5-hour employees shall be negotiable between the Employee and the Fire Chief, with the final schedule determined by the Fire Chief’s approval. 6.2 HOURLY RATE The hourly rate for personnel covered by this MOU shall be based on 1950 annual work hours for represented job classes working a 37.5-hour work week and 2912 annual work hours for represented job classes working a 56-hour work week. 6.3 OVERTIME Employees in the FLSA exempt classifications of Administrative Chief/Fire Division Chief or Battalion Chief will be paid overtime for additional days authorized and worked in excess of their regular work week schedule provided that: 1. The employee is assigned to overtime relief duty as shift commander, Strike Team Leader, or other authorized emergency overhead assignment; and 2. The Fire Chief has authorized the overtime work in writing and in advance of the performance of the work. The overtime authorized in this section will be paid at time and one half of the 56-hour rate, regardless of whether the employee normally works a 37.5 hour or 56-hour schedule. 6.4 CONTRACTUAL OVERTIME LEAVE With the Fire Chief’s approval, contractual Overtime Leave, in lieu of overtime pay, may be taken subject to the following rules: 6.4.1 Accrual Limit Battalion Chiefs filling a Specialty Assignment on a 37.5-hour work week schedule, who work overtime as specified in Section 6.3, may accrue up to 75 hours of Contractual Overtime Leave after which said employee must accept overtime pay in lieu of accruing additional Contractual Overtime Leave. 6.4.2 Overtime Rate Battalion Chiefs filling a Specialty Assignment on a 37.5-hour work week schedule, who work overtime as specified in Section 6.3, may elect to accrue Contractual Overtime Leave on an hour for hour basis subject to the limitations in Section 6.4.1. Employees who elect Contractual Overtime Leave must take the time off and will be paid based on the 37.5-hour rate when the Contractual Overtime Leave time is taken. 21 SRFCO MOU 2021-2024 6.5 SPECIALTY ASSIGNMENT If through mutual agreement with the Fire Chief operations personnel are assigned to the 37.5- hour work schedule, as opposed to the 56-hour schedule, for assignments such as training, fire prevention, or other administrative functions, such employee shall receive five percent (5%) premium pay. The length of the assignment shall be based on mutual agreement between the employee and the Fire Chief. When an employee filling a specialty assignment works overtime beyond the regularly scheduled work day as a shift commander, strike team leader or other authorized emergency overhead assignment, the five percent (5%) specialty assignment premium pay will not will be paid on the overtime hours. 6.6 SELECTION 6.6.1 Selection Process The City’s Human Resources Department shall be responsible for the administration of all recruitments. 6.6.2 Referral Process All qualified candidates, based upon competitive examination, shall be placed on the Eligibility List for the appropriate job classification. The Fire Chief shall have the authority of “the Rule of the List” and all candidates on a current Eligibility List shall be eligible for referral to the Fire Chief for final selection. 6.6.3 Battalion Chief Qualifications In addition to other qualifications described in the Fire Department’s Career Development Guide, qualifications for candidates for Chief Officer positions represented by this Association in the Fire Department will include three (3) years of line captain experience or two (2) years of line captain experience if appointed to an acting assignment. 6.7 PROBATIONARY PERIOD 6.7.1 Purpose of Probation Each employee shall serve a period of probation beginning on the date of initial appointment to their position. The purpose of probation shall be to determine the employee’s ability to perform satisfactorily the duties prescribed for the position, prior to the employee entering regular status. 6.7.2 Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. 6.7.3 Rejection During Probation During the probationary period an employee may be rejected at any time by the Fire Chief without the right of appeal. 6.7.4 Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 22 SRFCO MOU 2021-2024 6.7.5 Notification of Extension or Rejection On determining that a probationary employee’s work is not satisfactory, the Fire Chief shall notify the Human Resources Director in writing of his/her intention to extend the employee’s probationary period or reject the employee. After discussion with the Human Resources Director, the Fire Chief shall notify the employee in writing of his/her extension or rejection. 6.7.6 Regular Status For the purpose of this agreement, regular status shall mean; full time, non-probationary status. Regular status shall commence with the day following the expiration date of a probationary period. 6.7.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which the employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 6.7.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion and all previous rights and privileges restored. Provided, however, that if the cause for not passing the promotional probationary period is sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstated to the lower position. If the employee has completed the probationary period in the prior classification and the employee is subject to dismissal without reinstatement, the employee has the opportunity to appeal pursuant to the provisions of the Firefighters Procedural Bill of Rights Act and this Memorandum of Understanding. 6.8 PERSONNEL RULES & REGULATIONS 6.8.1 Drug & Alcohol Policy SRFCOA agree to adhere to the Drug and Alcohol Policy as outlined in the San Rafael Firefighters’ Association contract. 6.8.2 Outside Employment Policy Association members shall abide by City’s policy dated June 27, 2007. 6.8.3 Temporary Light (Modified) Duty Policy Statement SRFCOA agrees to follow the City of San Rafael’s Modified Light Duty Work Policy dated June 6, 2008. 6.8.4 No Smoking/Tobacco Use Policy Employees hired by the City of San Rafael after 7/1/08 are required to sign a condition of employment statement that they agree not to smoke or use tobacco products of any kind while employed by the City of San Rafael. This signature must be obtained prior to the date of hire. Employees hired before 7/1/08 will not be allowed to smoke or use tobacco products as follows: 23 SRFCO MOU 2021-2024 1. While inside any City of San Rafael structure or space 2. While inside any City/Fire Department vehicle 3. While in public when on-duty or in uniform 4. In compliance with State and local ordinance The City will provide tobacco cessation assistance to employees who desire to stop using tobacco products. Employees will be referred to the City’s employee assistance program for initial assistance and, if needed, will be eligible to receive up to $2500 in additional funds to complete a certified tobacco cessation program. Written approval from the Fire Chief is required for the additional funding. 6.8.5 Medical Standards The City will establish pre-employment medical standards for all classifications represented by the San Rafael Fire Chief Officers’ Association. 6.9 MISCELLANEOUS 6.9.1 Return of City Equipment Upon termination of employment, all tools, equipment, and other city property assigned to any employee shall be returned to the Fire Department. 6.9.2 Political Activity The political activity of employees shall comply with pertinent provisions of State and Federal law. 6.9.3 Staffing Levels Any changes in the current staffing levels of positions represented by this Association will be subject to meet and confer. 6.9.4 Career Development Program The San Rafael Fire Chief Officers’ Association agrees to the Career Development Guidelines as written. 6.9.5 Gym Reimbursement Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships, workout classes or similar ongoing fitness activities. Such reimbursement shall be reported as taxable income to the employee. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7.1.1 Demotion The Fire Chief may demote an employee when the following occurs: a. The employee fails to perform his/her required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. 24 SRFCO MOU 2021-2024 When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an employee at least ten (10) calendar days before the effective date of the demotion, and a copy filed with the Human Resources Department. Demotion pursuant to Section 7.1.1 (a) shall be deemed disciplinary action and as such shall be handled according to the provisions of the Section titled “Disciplinary Action” of this Memorandum of Understanding. 7.1.2 Suspension On the recommendation of the Fire Chief, the City Manager may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director and shall be taken in accordance with the Section titled Disciplinary Action of this Memorandum of Understanding and provisions for exempt status employees. 7.2 TERMINATION OF EMPLOYMENT 7.2.1 Resignation An employee wishing to leave City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) calendar days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Fire Chief and the Human Resources Department. 7.2.2 Termination/ Demotion - Lack of work or funds The Fire Chief may terminate an employee because of reorganization, abolition of position, and shortage of funds. Said termination shall be considered a Reduction In Force and shall be processed in accordance with Article 7.6, Reduction in Force, of this Memorandum of Understanding. 7.2.3 Termination - Disciplinary Reasons An employee may be terminated for disciplinary reasons, as provided in Article 7.3, Disciplinary Action, of this Memorandum of Understanding. 7.2.4 Termination - Probation The rejection of an employee during his/her initial probationary period is covered in Article 7.3, Probationary Period, of this Memorandum of Understanding. 7.2.5 Retirement Retirement from City service shall, except as otherwise provided, be subject to the terms and conditions of the City’s contract, as amended from time to time, with the Marin County Retirement System. 7.3 DISCIPLINARY ACTION 7.3.1 Authority The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department’s safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. 25 SRFCO MOU 2021-2024 7.3.2 Definition Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or suspension resulting in loss of pay. Any disciplinary action taken shall be consistent with the provisions of the Fair Labor Standards Act as it relates to exempt employees. 7.3.3 Causes for Disciplinary Action The City may discipline or discharge an employee for the following: a. Fraud in securing appointment. b. Negligence of duty. c. Violation of safety rules. d. Unacceptable attendance record including tardiness, overstaying lunch or break periods. e. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time. h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior towards (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. j. Falsifying employment application materials, time reports, records, or payroll documents or other City records. k. Disobedience to proper authority. l. Misuse of City property. m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. n. Disorderly conduct, participation in fights, horseplay or brawls. o. Dishonesty or theft. p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination. s. Other acts inimical to the public service. t. Inability or refusal to provide medical statement on cause of illness or disability. 7.3.4 Appeals Whenever punitive action is undertaken, the offending employee shall have the opportunity for an administrative appeal which will be conducted in conformance with the Administrative Procedures Act and this Memorandum of Understanding. If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure established in this Memorandum of Understanding. Such appeal must be filed with the City Manager by the employee in writing within ten (10) working days from the date of the discipline/discharge and unless so filed the right of appeal is lost. 26 SRFCO MOU 2021-2024 7.3.5 Proceeding Heard by City Manager The appellant may submit the appeal directly to the City Manager or may request arbitration. If an employee elects to have an appeal heard by the City Manager, the employee must state in writing that he or she waives his/her right to an appeal that conforms to the procedures of the Administrative Procedure Act. 7.3.6 City Manager and Arbitration If arbitration is requested, the arbitration will be held in conformance with the Administrative Procedure Act, California Code of Regulations, and other applicable statutes. Representatives of the City and the appellant shall meet within fourteen (14) calendar days to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the appellant and the City. A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator unless the mutually accepted Arbitrator’s schedule does not so permit, in which case the hearing shall be held not more than 120 days after the selection of the arbitrator. In addition to arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The arbitrator shall hear each party’s case as presented during the hearing and shall subsequently have the power to affirm, reject, or provide a lesser form of discipline. Decisions of the Arbitrator on matters properly before him/her shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding Article 1.3 and Article 1.5 of this M.O.U.), or any Fire Department policy specifically referenced herein, except issues concerning appeals of punitive action, which is governed by Article 7.3. Policy 1-VI-3 is specifically incorporated by reference. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable. 7.4.2 Initial Discussion Any employee who believes that he or she has a grievance may discuss his or her complaint with the Fire Chief. If the issue is not resolved within ten (10) working days, or if the employee elects to submit his or her grievance directly to an official of the association, the procedures hereafter specified shall be invoked. 7.4.3 Referral to City Manager Any employee or any official of the Association may notify the City Manager and Fire Chief in writing that a grievance exists, and in such notification state the particulars of the grievance, and, if possible, what remedy or resolution is desired. No grievance may be processed under Section 7.4.4 below which has not been first heard and investigated in pursuance of Section 7.4.2. A grievance which remains unresolved ten (10) working days after it has been submitted to the City Manager in writing may be referred to the next step. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 27 SRFCO MOU 2021-2024 7.4.4 City Manager and Arbitration If the grievance is not resolved in the previous Section 7.4.3 of this Memorandum of Understanding, the grievant, the Association, or the City, after completion of the previous step in the grievance procedure, may submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the Grievant shall meet within ten (10) working days to select a mutually acceptable arbitrator. The selection process will include a review of the arbitrator’s availability for the hearing. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Grievant and the City. Each party, however, shall bear the cost of its own presentations, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator unless the mutually accepted Arbitrator’s schedule does not so permit, and the arbitrator shall render a decision which is binding on the parties hereto, to the extent permitted by the Charter of the City. No Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. 7.5 FURLOUGH PROGRAM The employees of this Association endorse the Furlough Program described in Exhibit “B” attached to this Memorandum of Understanding. 7.6 REDUCTION IN FORCE 7.6.1 Authority The Fire Chief may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. 7.6.2 Notice Employees designated for layoff or demotion in lieu of lay off shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of lay off or demotion. The Association shall also be so notified. 7.6.3 Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra-hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part-time permanent employee with more seniority can displace a full-time permanent employee. 7.6.4 Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: a. Seniority within the affected classifications will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro-rata basis to full-time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. 28 SRFCO MOU 2021-2024 c. If all of the above factors are equal, the date of regular status in City service shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. 7.6.5 Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished. 7.6.6 Transfer Rights The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in Section 7.6.2, but no longer than the effective date of such layoff or reduction. 7.7 RE-EMPLOYMENT 7.7.1 General Guidelines Individuals who have been laid off or demoted shall be offered re-appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individua ls who have been laid off. 7.7.2 Right to Re-Employment Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 7.7.3 Time Limits Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and shall be removed from the re-employment list. 7.7.4 Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 7.7.5 Probationary Status Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment. 29 SRFCO MOU 2021-2024 7.7.6 Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. 30 SRFCO MOU 2021-2024 SAN RAFAEL FIRE CHIEF OFFICERS’ ASSOCIATION: CITY OF SAN RAFAEL: Matt Windrem, Battalion Chief Cristine Alilovich, Assistant City Manager Kyle Hamilton, Battalion Chief Sylvia Gonzalez-Shelton, HR Operations Mgr Date Date Exhibit A Wage Classes Title A B C D 7112 Battalion Chief 13,134$ 13,791$ 14,480$ 15,204$ *Employees in a specialty assignment shall receive five percent (5%) premium pay. SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION SALARY SCHEDULE Effective July 1, 2021 https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2021/Staff Reports/7-19-21/Approval - SRFCOA/SRFCOA 21-24 salary schedule.xls7/7/2021_6:18 PM Exhibit A Wage Classes Title A B C D 7112 Battalion Chief 13,659$ 14,342$ 15,059$ 15,812$ *Employees in a specialty assignment shall receive five percent (5%) premium pay. SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION SALARY SCHEDULE Effective July 1, 2022 https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2021/Staff Reports/7-19-21/Approval - SRFCOA/SRFCOA 21-24 salary schedule.xls7/7/2021_6:18 PM Exhibit A Wage Classes Title A B C D 7112 Battalion Chief 14,206$ 14,916$ 15,662$ 16,445$ *Employees in a specialty assignment shall receive five percent (5%) premium pay. SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION SALARY SCHEDULE Effective July 1, 2023 https://cityofsanrafael.sharepoint.com/sites/Bargaining/Shared Documents/BARGAINING_2021/Staff Reports/7-19-21/Approval - SRFCOA/SRFCOA 21-24 salary schedule.xls7/7/2021_6:18 PM San Rafael Fire Chief Officers Association Exhibit B Page 1 of 2 FURLOUGH PROGRAM Both the City of San Rafael and the Fire Chief Officer’s Association employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit, the City of San Rafael and the Fire Chief Officer’s Association have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Voluntary Time Off (VTO). The City will develop and distribute to all employees a survey to determine who might be interested in VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal year. The needs of the City and the respective departments (as determined by the Department Head and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave time off for every hour of VTO taken not to exceed the number of furlough induced Personal Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of 5%). This furlough induced Personal Leave time is to be taken as described in 4.b. 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Head and City Manager). The City will attempt to schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement System changes it policy on this the City will, effective the first of the month following notice from the Marin County Retirement System, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than the first day of the fiscal year of the contract term of their retirement date and retires from the Marin County Retirement System during the term of this contract shall be San Rafael Fire Chief Officers Association Exhibit B Page 2 of 2 exempted from the MTO requirements. If said employee did not retire during the fiscal year as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees. 3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit. 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted the involved employee shall be credited with an one half hour added to a furlough induced Personal Leave balance. b. Personal Leave accrued through the MTO Program may be taken beginning the first day of the following fiscal year with supervisory approval. Furlough induced Personal Leave has no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced Personal Leave said employee would be eligible to take the unused furlough induced Personal leave during the thirty day layoff notice period. c. The employees represented by this Association may elect to give up pay for holidays worked in lieu of mandatory time off, as long as the dollar value of the holiday pay equates to the dollar value of the designated mandatory time off. d. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re-open discussions on this Furlough Program. e. The City agrees that it will attempt to distribute the dollar value of any MTO time implemented equally over the remaining number of pay periods in the fiscal year. ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: Disposition: Agenda Item No: 8.e Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION (JULY 1, 2021 THROUGH JUNE 30, 2024) RECOMMENDATION: Adopt Resolution. BACKGROUND: The San Rafael Police Mid-Management Association (“SRPMMA”) currently represents 6 full-time positions in the San Rafael Police Department. The most recent Memorandum of Understanding (“MOU”) for SRPMMA expired on June 30, 2020 and was extended by side letter through June 30, 2021. Over the past few months, representatives of the City and SRPMMA have met in good faith to negotiate the terms of a successor MOU. The City and SRPMMA reached a tentative agreement on June 22, 2021, for a three-year successor MOU and SRPMMA membership subsequently ratified the tentative agreement. ANALYSIS: The following are the highlights that reflect the terms and significant eco nomic items included in the tentative agreement between the City and SRPMMA. In addition to the economic items, some operational items were also addressed in the tentative agreements, all of which can be found in the attached successor MOU. 1. Term of the Agreement: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual classification salary increase percentages may be lower or higher than the percentages listed below, based on the amount of labor market adjustment agreed to for each position in the bargaining unit. The salary schedule included in the attached successor MOU authorizes the proposed new salary for each position. a. Year 1: Value of a 4% base wage increase for the bargaining group, effective July 1, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 b. Year 2: Value of a 4% base wage increase for the bargaining group, effective July 1, 2022 c. Year 3: Value of a 4% base wage increase for the bargaining group, effective July 1, 2023 3. Non-Economic Items: In addition to items discussed above, tentative agreement was reached on other proposals, which reflect minor changes to existing provisions with no additional cost. The attached MOU includes all of the changes agreed to by the parties. A brief overview of these negotiated MOU sections includes: • Educational Incentive (Section 3.3.2): Incorporating side letter agreement language regarding education pay. • Sick Leave (Section 5.1.3): Update familial relationships under definition of “immediate family” to be more in line with definition under California Paid Family Leave. • City Manager and Arbitration (section 7.3.3): Update language to allow the mutually acceptable Arbitrator to provide an alternative recommendation for disciplinary action in addition to the ability to affirm or reject the City’s form of discipline. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 6 FTE positions represented by SRPMMA is $ $2,227,022. The additional ongoing incremental cost of the successor MOU beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $42,589 $44,292 $46,064 Other costs: Pension* $33,032 $34,353 $35,727 Taxes (Medicare, W/C) $ 4,710 $ 4,898 $ 5,094 Total Incremental Cost: $80,331 $83,543 $86,885 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. While the incremental cost is $80,331 for fiscal year 2021-2022, $83,543 for fiscal year 2022-2023, and $86,885 for fiscal year 2023-2024, the increases are compounding and therefore the projected total salary and benefit cost increase for the items specified above is $494,964 for the three-year term. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 RECOMMENDED ACTION: Staff recommends that the City Council adopt the Resolution to Approve the Memorandum of Understanding between the City of San Rafael and San Rafael Police Mid-Management Association pertaining to compensation and working conditions (July 1, 2021 through June 30, 2024). ATTACHMENTS: • Resolution with attached MOU between the City of San Rafael and San Rafael Police Mid- Management Association for July 1, 2021 to June 30, 2024 (and all attachments). RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION (SRPMMA) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2021 THROUGH JUNE 30, 2024) WHEREAS, the San Rafael Police Mid-Management Association (SRPMMA) labor agreement with the City will expire on June 30, 2021, after a one-year extension; and WHEREAS, the City of San Rafael and representatives of SRPMMA have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from July 1, 2021, through June 30, 2024, and has been ratified by SRPMMA members; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and San Rafael Police Mid-Management Association (SRPMMA) shall utilize the MOU for the period beginning July 1, 2021, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SEIU. Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full. 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 19th of July 2021, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: _____________________________ Lindsay Lara, City Clerk MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION JULY 1, 2021 - JUNE 30, 2024 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION JULY 1, 2021 - JUNE 30, 2024 i TABLE OF CONTENTS 1 GENERAL PROVISIONS ...................................................................................................................... 1 1.1. INTRODUCTION ........................................................................................................................................... 1 1.1.1. Scope of Agreement ........................................................................................................................... 1 1.1.2. Term of MOU ....................................................................................................................................... 1 1.2. RECOGNITION ............................................................................................................................................. 1 1.2.1. Bargaining Unit .................................................................................................................................... 1 1.3. NON-DISCRIMINATION ................................................................................................................................ 1 1.3.1. In General ............................................................................................................................................. 1 1.3.2. Bargaining Unit Discrimination .......................................................................................................... 2 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING ............................................................................... 2 1.5. EXISTING LAWS, REGULATIONS & POLICIES ............................................................................................ 2 1.6. STRIKES & LOCKOUTS ............................................................................................................................... 2 1.7. SEVERABILITY ............................................................................................................................................ 2 1.8. PREVAILING RIGHTS................................................................................................................................... 2 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER ..................................................................................... 2 1.9.1. Understanding ..................................................................................................................................... 2 1.9.2. Waiver & Modification ......................................................................................................................... 2 2 MMBA ........................................................................................................................................................... 3 2.1. BARGAINING UNIT RIGHTS ......................................................................................................................... 3 2.1.1. Bargaining Unit Stewards Designation ............................................................................................ 3 2.1.2. Release Time ....................................................................................................................................... 3 2.2. DUES DEDUCTION ...................................................................................................................................... 3 2.2.1. Collection of Dues ............................................................................................................................... 3 2.2.2. Dues Collection during Separation from Employment ................................................................... 3 2.3. M ANAGEMENT RIGHTS ............................................................................................................................... 3 2.4. COMMENCEMENT OF NEGOTIATIONS ......................................................................................................... 4 3 COMPENSATION..................................................................................................................................... 5 3.1. GENERAL WAGES AND COMPENSATION ................................................................................................... 5 3.1.1. Pay Dates ............................................................................................................................................. 5 3.1.2. General Wage Increase ..................................................................................................................... 5 3.1.3. Definitions ............................................................................................................................................. 5 3.1.4. Compensation Plan............................................................................................................................. 5 3.2. STEP INCREASES ....................................................................................................................................... 6 3.2.1. Entry Level Step .................................................................................................................................. 6 3.2.2. Consideration for Step Increases ..................................................................................................... 6 3.2.3. Merit Increases .................................................................................................................................... 6 3.3. ADDITIONAL PAY ........................................................................................................................................ 6 3.3.1. Shift Differential Pay ........................................................................................................................... 6 3.3.2. Educational Incentive ......................................................................................................................... 6 3.3.3. Educational Expense Reimbursement ............................................................................................. 7 3.3.4. Bilingual Pay ........................................................................................................................................ 7 3.3.5. Uniform Allowance .............................................................................................................................. 8 4.1 EMPLOYEE BENEFITS COMMITTEE ............................................................................................................ 8 4.2 HEALTH & WELFARE ................................................................................................................................. 8 4.2.1 Full Flex Cafeteria Plan ........................................................................................................................... 8 4.2.2 Retirees Health Insurance ...................................................................................................................... 9 4.2.3 Health and Dependent Care Spending Accounts ............................................................................... 9 4.3 DENTAL PLAN ............................................................................................................................................ 9 4.4 VISION PLAN ............................................................................................................................................. 10 4.5 LIFE INSURANCE ....................................................................................................................................... 10 4.6 LONG TERM DISABILITY POLICY.............................................................................................................. 10 ii 4.7 RETIREMENT CONTRIBUTION ................................................................................................................... 10 4.7.1 City Paid Employee Retirement (City Paid Member Contribution) ................................................. 10 4.7.2 Retirement Plans ................................................................................................................................... 10 4.7.3 Member Cost of Living Rates ............................................................................................................... 10 4.7.4 Pension Costs ........................................................................................................................................ 11 5 LEAVES ..................................................................................................................................................... 11 5.1 SICK LEAVE .............................................................................................................................................. 11 5.1.1 Eligibility .................................................................................................................................................. 11 5.1.2 Sick Leave Accrual ................................................................................................................................ 11 5.1.3 Use of Sick Leave .................................................................................................................................. 11 5.1.4 Advance of Sick Leave.......................................................................................................................... 11 5.1.5 Service Credit for Sick Leave ............................................................................................................... 12 5.1.6 Compensation for Unused Portion ...................................................................................................... 12 5.2 VACATION LEAVE ..................................................................................................................................... 12 5.2.1 Eligibility .................................................................................................................................................. 12 5.2.2 Rate of Accrual ....................................................................................................................................... 12 5.2.3 Administration of Vacation Leave ........................................................................................................ 12 5.2.4 Vacation Cap .......................................................................................................................................... 13 5.3 HOLIDAYS ................................................................................................................................................. 13 5.4 OTHER LEAVE .......................................................................................................................................... 13 5.4.1 Administrative Leave ............................................................................................................................. 13 5.4.2 Bereavement Leave .............................................................................................................................. 13 5.4.3 Jury Duty ................................................................................................................................................. 14 5.4.4 Military Leave ......................................................................................................................................... 14 5.4.5 Leave of Absence Without Pay ............................................................................................................ 14 5.4.6 Industrial Injury Leave ........................................................................................................................... 14 5.4.7 Medical Leave of Absence ................................................................................................................... 15 5.4.8 Absence without Authorized Leave ..................................................................................................... 15 5.4.9 Catastrophic Leave ................................................................................................................................ 15 6 TERMS & CONDITIONS OF EMPLOYMENT ............................................................................. 15 6.1 HOURS OF WORK ..................................................................................................................................... 15 6.1.1 Alternative Work Week.......................................................................................................................... 15 6.2 OVERTIME ................................................................................................................................................. 15 6.2.1 Special Events, Extra Duty Requests and Grant Operations .......................................................... 15 6.3 PROBATIONARY PERIOD .......................................................................................................................... 16 6.3.1 Purpose of Probation ............................................................................................................................. 16 6.3.2 Length of Probationary Period ............................................................................................................. 16 6.3.3 Rejection During Probation .................................................................................................................. 16 6.3.4 Notification of Rejection ........................................................................................................................ 16 6.3.5 Extension of Probationary Period ........................................................................................................ 16 6.3.6 Regular Status ........................................................................................................................................ 16 6.3.7 Promotion of Probationary Employee ................................................................................................. 16 6.3.8 Unsuccessful Passage of Promotional Probation ............................................................................. 16 6.4 PERSONNEL RULES & REGULATIONS ..................................................................................................... 17 6.4.1 Employer-Employee Resolution .......................................................................................................... 17 6.4.2 Drug and Alcohol Policy ........................................................................................................................ 17 6.4.3 Outside Employment Policy ................................................................................................................. 17 6.4.4 Harassment Policy ................................................................................................................................. 18 6.4.5 Wireless Communication Policy .......................................................................................................... 18 6.4.6 Use of City Vehicle ................................................................................................................................ 18 6.4.7 Temporary Modified Duty Policy .......................................................................................................... 18 6.5 MISCELLANEOUS ...................................................................................................................................... 19 6.5.1 Gratuities / Solicitation of Contributions .............................................................................................. 19 6.5.2 Return of City Equipment ...................................................................................................................... 19 6.5.3 Political Activity ....................................................................................................................................... 19 iii 6.5.4 Employment of Relatives ...................................................................................................................... 19 6.5.5 Gym Reimbursement ............................................................................................................................ 20 6.5.6 Public Safety Center Fitness Program................................................................................................ 20 7 PROCEDURES ........................................................................................................................................ 23 7.1 DEMOTION & SUSPENSION ...................................................................................................................... 23 7.1.1 Demotion ................................................................................................................................................. 23 7.1.2 Suspension ............................................................................................................................................. 23 7.2 TERMINATION OF EMPLOYMENT .............................................................................................................. 23 7.2.1 Resignation ............................................................................................................................................. 23 7.2.2 Termination - Layoff ............................................................................................................................... 23 7.2.3 Termination - Disciplinary Action ......................................................................................................... 23 7.2.4 Retirement .............................................................................................................................................. 23 7.2.5 Rejection During Probation .................................................................................................................. 23 7.3 DISCIPLINARY ACTION ............................................................................................................................. 24 7.3.1 Right to Discipline & Discharge ........................................................................................................... 24 7.3.2 Appeals .................................................................................................................................................... 24 7.3.3 City Manager and Arbitration ............................................................................................................... 25 7.4 GRIEVANCE PROCEDURE ......................................................................................................................... 25 7.4.1 Definition ................................................................................................................................................. 25 7.4.2 Initial Discussions .................................................................................................................................. 25 7.4.3 Referral to the City Manager ................................................................................................................ 25 7.4.4 City Manager and Arbitration ............................................................................................................... 25 7.5 REDUCTION IN FORCE .............................................................................................................................. 26 LIST OF EXHIBITS Exhibit A Salary Schedule for September 1, 2021 – June 30, 2024 1 MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et.seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representative unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2021 and ending June 30, 2024. 1 GENERAL PROVISIONS 1.1. INTRODUCTION 1.1.1. Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called "CITY") and the San Rafael Police Mid-Management Association (herein-after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein (See Exhibit A). In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations, City's Administrative Procedures, and Police Department Rules & Regulations, General Orders and Procedures. 1.1.2. Term of MOU This agreement shall be in effect from July 1, 2021 through June 30, 2024. 1.2. RECOGNITION 1.2.1. Bargaining Unit City hereby recognizes the Association as the bargaining representative for purposes of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Police Mid-Management Association Bargaining Unit (as referenced in Exhibit A attached). 1.3. NON-DISCRIMINATION 1.3.1. In General The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, perceived sexual orientation, gender, gender expression, gender identity, marital 2 status, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history) or physical or mental disability. Any employee who believes they are being discriminated against should refer to the City of San Rafael’s Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure outlined in this MOU (Article 7.4). 1.3.2. Bargaining Unit Discrimination No member, official, or representative of the Association shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association. 1.4. INSPECTION OF MEMORANDUM OF UNDERSTANDING Both City and Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. 1.5. EXISTING LAWS, REGULATIONS & POLICIES This MOU is subject to all applicable laws. 1.6. STRIKES & LOCKOUTS During the term of this MOU, the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. 1.7. SEVERABILITY If any article, paragraph or section of this MOU shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this MOU shall not be affected thereby, and the parties shall enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 1.8. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this MOU, shall remain in full force and effect throughout the term of this Agreement. 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1. Understanding The parties jointly represent to the City Council that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2. Waiver & Modification Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, not as to 3 wages or fringe benefits during the period of the term of this MOU. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring for a proposed MOU between the parties to be effective on or after July 1, 2024. 2 MMBA 2.1. BARGAINING UNIT RIGHTS 2.1.1. Bargaining Unit Stewards Designation The Association shall by written notice to the City Manager designate certain of its members as Employee Representatives. 2.1.2. Release Time One hundred (100) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Police Chief. Any additional hours shall be granted only with ten days advance notice and approval of the Police Chief. 2.1.3 Association Orientation of New Employees Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will provide the new employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City. 2.1.4 Employee Information The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date. 2.2. DUES DEDUCTION 2.2.1. Collection of Dues The City agrees, upon written consent of the employee involved, to deduct dues as established by the Association from the salaries of its members. The sums so withheld shall be remitted by the City along with a list of employees who have had said dues deducted. 2.2.2. Dues Collection during Separation from Employment The provisions specified above shall not apply during periods of separation from the representative bargaining unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative bargaining unit. The term separation includes transfer out of the bargaining unit, layoff, and leave without pay absences with a duration of more than five (5) working days. 2.3. MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressed abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this 4 Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or non-existence of facts which are the basis of the management decision. 3. To determine the necessity of organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology, and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, relocation’s and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract my work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non-disciplinary reasons. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel rules and Regulations. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and the City's Personnel Rules and Regulations. 15. To determine policies, procedures and standards for selection, training, and promotion of employees. 16. To establish employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. Nothing contained within Article 2.3, Management Rights, is intended to, in any way, supersede or infringe upon the rights of the recognized employee Association as provided under applicable Federal and State law, including, but not limited to California State Government Code Sections 3500 through 3510 inclusive. 2.4. COMMENCEMENT OF NEGOTIATIONS Both parties agree to begin the meet and confer process no later than February 1, 2024, regarding the terms and conditions applicable to an MOU effective July 1, 2024. The process will be initiated by the San Rafael Police Mid-Managers Association through the submittal of upcoming contract requests it wishes to be considered. 5 3 COMPENSATION 3.1. GENERAL WAGES AND COMPENSATION The City embraces the succession planning model and values promotion from within. The City recognizes that this model works best when the salary ranges and total compensation align appropriately. Due to the fact that Police Sergeants are eligible to receive both overtime and a variety of specialty pays, and Police Lieutenants and Captains are limited in these areas, the current alignment is not optimal. Thus, the viability of the succession plan model is compromised. The City recognizes that there is a compaction issue between the Lieutenants and Sergeants when considering the various special pay differentials that are applied to the Sergeant pay. The City agrees to utilize the expertise of a classification and compensation consultant to conduct a total compensation survey of the Sergeant, Lieutenant and Captain job classes with comparable agencies. The City commits to complete the study and for staff to recommend an implementation plan to City Council by June 30, 2017. If adjustments are warranted, SRPMMA positions will be prioritized as funds are available. 3.1.1. Pay Dates City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, the pay day will be transferred to the following day of regular business unless the Finance Department is able to complete the payroll by the previous work day. The method of the distributing payroll shall be established by the Finance Director. 3.1.2. General Wage Increase In the Year 1, compensation increases will take effect the pay period including July 1, 2021 or the first full pay period following Council ratification of a new MOU, whichever occurs later. In Year 1, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment (4% total); In Year 2, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment (4% total); and, In Year 3, the City will provide a 1.6% general salary increase plus a 2.4% equity adjustment (4% total). 3.1.3. Definitions Total Compensation shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. The CPI shall be the percentage change in the San Francisco-Oakland-San Jose Area All Urban Consumer index as published by the Bureau of Labor Statistics for the one-year period ending the month of October 2016 and each October thereafter during the term of the contract. 3.1.4. Compensation Plan The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, ascending salary steps for all members of the Association and any other special circumstances or items related to the total compensation paid employees. 6 Each position within the classified services shall be allocated to an appropriate classification in the compensation plan on the basis of duties and responsibilities. Each classification shall be assigned a five-step salary range with corresponding ascending salary rates assigned to each step. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. 3.2. STEP INCREASES 3.2.1. Entry Level Step All initial employment shall be at the first step of the salary range. The Police Chief may authorize a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel. Initial employment appointments above Step C will require City Manager Approval. 3.2.2. Consideration for Step Increases An employee shall be considered for a step increase annually until the top step has been reached. Advancement to a higher salary within a salary step schedule may be granted for continued satisfactory service by the employee in the performance of his/her duties. Salary st ep advancement shall be made only upon the recommendation of the Police Chief concerned, with the approval of the City Manager or his/her designee, and are not automatic, but based on acceptable work performance. Accelerated salary step increases may be granted an employee based upon the recommendation of the Police Chief and approval of the City Manager for exceptional job performance. 3.2.3. Merit Increases Employees at the maximum step of their salary step schedule may be granted a merit performance step increase of up to five percent (5%) above and beyond their top salary step. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn after the specified period of time and is not a disciplinary action and is not appealable. Merit step increases may be granted in recognition of meritorious performance beyond the scope of regular duties and in response to extraordinary conditions. Management and Mid-Management employees shall be evaluated annually based on the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. 3.3. ADDITIONAL PAY 3.3.1. Shift Differential Pay A five percent (5%) shift differential shall be paid for Police Lieutenant regularly scheduled to work fifty percent (50%) or more of their shift after 5:00 p.m. Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect. 3.3.2. Educational Incentive The Educational Incentive for Police Captain and Police Lieutenant who have received their POST Management Certificate will be a flat dollar amount of $264.50 bi-monthly. . 7 3.3.3. Educational Expense Reimbursement The Educational Expense Reimbursement Program shall apply to all employees of the Police Department represented by this contract who have completed a total of two (2) or more continuous years of full-time service with the San Rafael Police Department. The Educational Expense Reimbursement Program shall relate to the completion of college credits while off-duty for job-related courses awarded from an accredited community college or an accredited college or an accredited university. Job-related courses are defined as those which contribute to current job performance or prepare the employee for other City positions, including but not limited to obtaining bilingual skills. An eligible employee who takes a job-related course during off-duty hours at an accredited institution of learning shall be eligible to receive reimbursement for the costs of tuition, fees, and course materials, up to a maximum of $1,500 per fiscal year. 3.3.4. Bilingual Pay Full Fluency Program A five percent (5%) bilingual pay incentive shall be paid to designated bilingual employees at the full fluency level Conversational Fluency Program A two and one-half percent (2.5%) bilingual pay incentive shall be paid to designated employees who speak Spanish at the conversational level. Foreign Language Pay Provisions The City will pay, in advance, for any authorized training or educational costs related to an employee becoming fluent in a foreign language up to an amount equal to the cost of the industry standard. Employees enrolled in such bilingual training are obligated to reimburse the City through payroll deductions over a period of three (3) years for one half the cost of any such education after the completion of such course. The employee is obligated to reimburse the City for the full amount of such education costs if he/she drops out of the education program or does not successfully pass the certification test. In the event an employee must reimburse the full amount, reimbursement shall be through payroll deductions over the course of three (3) years or in full upon separation. Within the limits established in items 1 and 2 of this section, to qualify for either the Full or Conversational Programs, employees must be certified as proficient in a language deemed to be of work related value to the Police Department as determined by the Police Chief and approved by the City Manager by established standards. It is agreed that full fluency or conversational proficiency certification may be obtained by passing a standardized departmental test (to be developed by the department) or fluency certification issued by an agency approved by the Police Chief. Conversational proficiency certification may be obtained by an employee achieving a Certificate of Completion from One Twelve USA, or passing a departmental conversational test, or a conversational certification issued by an agency approved by the Police Chief. Fluency in more than one foreign language does not entitle an employee to more than the 5% bilingual pay differential. Both parties agree to annual re-certification of proficiency to continue eligibility for the bilingual differential. Shift assignments and distribution of bilingual employees shall be at the discretion of the Police Chief. 8 3.3.5. Uniform Allowance The represented classification will receive a uniform allowance of $885.00 for each six (6) months of service ending June 30 and December 31. A pro-rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief and approval of the City Manager or their designee. 4 BENEFITS 4.1 EMPLOYEE BENEFITS COMMITTEE Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, SEIU-Childcare, Western Council of Engineers, Local 1 – Confidential, Police, Fire, Management, and Mid-Management employees. The Employee Benefits Committee may make recommendations for changes to existing benefits. However, changes to benefits identified in this agreement shall only occur after the City and Association have mutually agreed to meet and confer on such changes and have completed the meet and confer process, including impasse resolution. 4.2 HEALTH & WELFARE Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City’s exercising the option described above in accordance with the provisions of this paragraph. 4.2.1 Full Flex Cafeteria Plan Effective January 1, 2010, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. The ongoing monthly flex dollar allowance shall be: For employee only: $ 813.18 For employee and one dependent: $1,473.00 For employee and two or more dependents: $1,915.00 The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) Minimum contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. For example, in calendar year 2016, a single employee’s monthly flex dollar allowance for health was $813.18, which includes the $125.00 designated by CalPERS as the City’s monthly PEMHCA contribution. The flex dollar allowance must be used to purchase health coverage and any remaining balance would be converted to taxable income. 9 4.2.2 Retirees Health Insurance Employees represented by the Police Mid-Management Association who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s retiree group health insurance program offered through PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. a. Employees hired by the City before January 1, 2010. The City shall make a monthly retiree health insurance payment on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this section. The City’s monthly payment shall not exceed $566 per month. This monthly payment shall include the PEMHCA minimum contribution. The City’s retiree health insurance payment shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage. b. Employees hired by the City on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City’s group health insurance program. The City’s maximum contribution towards retiree coverage under this subsection, 4.2.2b, shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner, or dependents upon the employee’s retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS. 4.2.3 Health and Dependent Care Spending Accounts City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Association and available pursuant to the IRS Code a Health and Dependent Care Spending Accounts. The Flexible Spending Accounts offered by the City include: a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2013 at IRS Code limit, not to exceed $2,500. b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS Code at the IRS Code limit. c. Premium Only Plan: Excess Medical premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code. City shall establish annual enrollment period and each employee must re-enroll annually for either plan noted in a. and/or b. City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process. 4.3 DENTAL PLAN The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective care (80/20) per patient per calendar year and orthodontic coverage (50/50); and 80/20 coverage of casts, crowns, and restorations in accordance with the plan document of the provider. The coverage limits are as follows: Annual Program maximum (per covered person) is $1500 Maximum lifetime orthodontics (per covered person) is $1,000 Annual Program deductible (per person/per family) is $25/$75 for classes I & II only. 10 4.4 VISION PLAN The City will contract for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment. 4.5 LIFE INSURANCE The City shall pay premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $150,000 life insurance and a $150,000 AD&D benefit. 4.6 LONG TERM DISABILITY POLICY The City shall pay premiums for a Long-Term Disability Policy for each employee. The Long- Term Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $7,500 per month 4.7 RETIREMENT CONTRIBUTION 4.7.1 City Paid Employee Retirement (City Paid Member Contribution) Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. Effective the pay period including September 1, 2013, all current and future “classic” and “new” bargaining unit members shall contribute an additional 1% of pensionable compensation to MCERA, over and above the employee’s contribution noted above. The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. 4.7.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement program to all classic safety members, as defined under the 1937 Act Government Code Section 31664, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee’s single highest year of compensation. The City shall provide the Marin County Employee Retirement Association 2.7% at 55 retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This shall be based on an employee’s single highest year of compensation. Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 3%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap. Non-safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2%@55 calculated based on the average of their highest three years of compensation, with a 2% COLA benefit cap. New safety members as defined by the Public Employees’ Pension Reform Act of 2013 shall receive pension benefits as defined by law. 4.7.3 Member Cost of Living Rates Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution 11 rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.7.4 Pension Costs The parties shall discuss pension issues during the term of this MOU utilizing the Labor- Management Committee process memorialized in Section 6.6.5 of this agreement. 5 LEAVES 5.1 SICK LEAVE 5.1.1 Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Police Chief according to department Rules and Regulations at the beginning of his/her daily duties. Every employee who is absent from his/her duties for two (2) consecutive work days shall file with the Human Resources Director, a physician's certificate or the employee's personal affidavit verifying the employee’s eligibility for sick leave. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. In recognition of exempt status from FLSA, time off for sick leave purposes shall not be deducted from the employee's account, unless the employee is absent for the full work day. 5.1.2 Sick Leave Accrual All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to an amount not to exceed twelve hundred (1200) hours. The sick leave accrual rate is prorated for eligible part time employees. The cap on sick leave accrual, twelve hundred (1200) hours, does not apply for accrual purposes but does apply for sick leave separation payoff purposes. 5.1.3 Use of Sick Leave An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness or illness within the immediate family (immediate family under Section 5.1.3 is defined as employee’s spouse, registered domestic partner, children, parents, in-laws, grandparent, grandchild and/or sibling), or physical incapacity resulting from causes beyond the employee's control; or 2. Enforced quarantine of the employee in accordance with community health regulations. 3. Medical appointments that cannot be scheduled during non-working hours shall be charged to sick leave, unless the employee is a sworn peace officer. 5.1.4 Advance of Sick Leave Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who have been granted sick leave that is un-accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave. 12 5.1.5 Service Credit for Sick Leave Employees who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after July 1, 2002, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement, pursuant to Section 5.1.6 Compensation for Unused Portion (Sick leave Payoff). 5.1.6 Compensation for Unused Portion By resignation, retirement or death, an employee who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent (3) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. 5.2 VACATION LEAVE 5.2.1 Eligibility Annual vacation with pay shall be granted to each eligible employee. Vacation leave accrued shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Police Chief. 5.2.2 Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full time employee (part-time regular employees are prorated) shall commence to accrue vacation at the following rate for continuous service. For the purpose of this section, one (1) day equals eight (8) hours. Years of Service Leave Accrual rate/year 1 - 5 years 15 days or 120 hours 6 years 16 days or 128 hours 7 years 17 days or 136 hours 8 years 18 days or 144 hours 9 years 19 days or 152 hours 10 years 20 days or 160 hours 11 years 21 days or 168 hours 12 years 22 days or 176 hours 13 years 23 days or 184 hours 14 years 24 days or 192 hours 15 years plus 25 days or 200 hours 5.2.3 Administration of Vacation Leave The City Manager, upon the recommendation of the Police Chief, may advance un-accrued vacation to any permanent regular and part time employee. If the employee leaves City employment before accruing the used vacation leave, said employee will reimburse the City the value of the advanced vacation leave. In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be deducted from the employees' accrual, unless the employee is absent for the full work day. 13 The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by the Police Chief with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. 5.2.4 Vacation Cap No employee may accrue more than 250 hours vacation leave. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit. Employees may, for special situations (i.e., extended medical leave), request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Police Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request. This additional vacation accrual could not exceed one-half of the employee’s regular annual vacation accrual. In no case would the addition over the cap be extended beyond one additional year. 5.3 HOLIDAYS The following holidays will be observed: New Years Day Martin Luther King Day Washington’s Birthday Lincoln’s Birthday Cesar Chavez Day Memorial Day Independence Day Labor Day Admission Day Veteran’s Day Thanksgiving Day Day after Thanksgiving Christmas Day 5.4 OTHER LEAVE 5.4.1 Administrative Leave Mid-Management employees in this Association shall receive eighty (80) hours of Administrative Leave each calendar year subject to the approval of the Police Chief and the City Manager. Unused Administrative Leave does not carry over from one calendar year to the next, nor are unused balances paid off upon an employee's resignation. In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be deducted from employee's accrual, unless the employee is absent for the full work day. 5.4.2 Bereavement Leave In the event of the death of an employee's spouse, registered domestic partner, child, parent, sibling, in-laws, grandparent, grandchild or relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days of paid bereavement leave within the state and up to five (5) days of paid bereavement leave out-of-state may be granted for bereavement leave. 14 In those cases where the death involves an individual who had such a relationship with the employee as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Police Chief as part of the request for bereavement leave. 5.4.3 Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Police Chief and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.4 Military Leave Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the City Manager and the Police Chief an opportunity within the limits of military regulations, to determine when such leave shall be taken. 5.4.5 Leave of Absence Without Pay Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Applicable accrued leave must be exhausted prior to the granting of leave without pay. Applicable benefits do not accrue during times of leave without pay and Police Officer status is removed. 5.4.6 Industrial Injury Leave For benefits under Workers’ Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources Department coordinates benefits for Workers’ Compensation claims. For further information, see the City’s Workers’ Compensation policy located on the Intranet (https://intranet.cityofsanrafael.org). Employees of the City who have suffered any disability arising out of, and in the course of their employment as defined by the Workers’ Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California. SAFETY EMPLOYEES Compensation leave payments are governed by Labor Code Section 4850. Labor Code Section 4850 provides that employees who sustain an industrial injury which precludes them from working are eligible to receive full salary for a period of up to one year during the period of such disability. The following rule applies to both Safety and Non-Safety personnel who have suffered an industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined: a. The employee has reached a maximum medical improvement and/or has been determined “permanent and stationary”; b. The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation. Given the above has occurred, the next steps would include: a. The interactive process; attempt to locate other appropriate employment within the City. 15 b. If none available proceed with termination process, including disability retirement application and/or Skelly process, if appropriate. 5.4.7 Medical Leave of Absence Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the Police Chief for approval and reviewed by the Human Resources Director for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if requested. Sick leave usage is to be consistent with the sick leave provisions of the MOU. To be eligible for this family leave benefit, an employee must have worked for the City of San Rafael for at least 12 months and have worked a minimum of 1,250 hours in the previous 12-month period. For details, please see the City’s FMLA policy located on the Intranet (https://intranet.cityofsanrafael.org). 5.4.8 Absence without Authorized Leave An unauthorized absence of an employee for three consecutive work days shall constitute an automatic resignation from City service. 5.4.9 Catastrophic Leave All employees of the Police Department should refer to the Citywide Catastrophic Leave Policy located on the City’s Intranet (https://intranet.cityofsanrafael.org). 6 TERMS & CONDITIONS OF EMPLOYMENT 6.1 HOURS OF WORK The established work week for the Police Department shall be 00:01 hours Sunday through 24:00 hours Saturday. Job classifications covered by this Memorandum of Understanding would be scheduled to work during normal business working hours, Monday through Friday. 6.1.1 Alternative Work Week Police Lieutenants and Police Captains have the option of working a 4-10 or 5-8 plan as shown below: Schedule Definition 4-10 Four (4) consecutive ten (10) hour days with three (3) consecutive days off. 5-8 Five (5) consecutive eight (8) hour days with two (2) consecutive days off. The Police Chief reserves the right to change schedules based on emergency circumstances. 6.2 OVERTIME The following special provisions for the payment of overtime will apply to (the FLSA exempt) Police Lieutenants and Police Captains. 6.2.1 Special Events, Extra Duty Requests and Grant Operations Employees shall be compensated at the overtime rate for the highest Police Sergeant as determined by the Police Department Business Office and shall not exceed grant limitations for extended hours worked for special events and grant operations which are compensated outside of the City’s General Fund. Police Lieutenants and Police Captains will only be allowed to work overtime on such assignments under any of the following circumstance: 16 a. Required management staffing at the request of the Police Chief or his/her designee b. Backfill of a vacant sworn officer position if the overtime opportunity has been posted for at least seven (7) days and remains unfilled, or if the vacancy remains unfilled less than forty-eight (48) hours prior to the event. Both parties understand and agree that nothing within this overtime provision shall alleviate represented employees from management duties during special events and grant operations. 6.3 PROBATIONARY PERIOD 6.3.1 Purpose of Probation Each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 6.3.2 Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. 6.3.3 Rejection During Probation During the probationary period, an employee may be rejected at any time by the Police Chief without the right of appeal. 6.3.4 Notification of Rejection On determining that a probationary employee's work is not satisfactory, the Police Chief shall notify the Human Resources Director in writing of his/her intention to reject the employee. After discussion with the Human Resources Director, the Police Chief shall notify the employee in writing of his/her rejection. 6.3.5 Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 6.3.6 Regular Status Regular status in the assigned (new) position shall commence with the day following the expiration date of the probationary period. 6.3.7 Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher classification provided he/she is certified from the appropriate Eligibility List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 6.3.8 Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion and all previous rights and privileges restored. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 17 6.4 PERSONNEL RULES & REGULATIONS This Association accepts the revised Personnel Rules and Regulations presented in a documented dated April 1991. 6.4.1 Employer-Employee Resolution The City and the Association agree to abide by the City of San Rafael's Employer -Employee Relations Resolution. 6.4.2 Drug and Alcohol Policy The City and Association jointly recognize alcoholism and drug abuse as illnesses which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place. Possession and/or sale of illegal drugs, use of illegal drugs or misuse of prescribed drugs or alcohol, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination. When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee’s failure to submit to a medical examination will be considered an act of insubordination and, therefore, subject to disciplinary action. Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Director and the Police Chief to review the test results and provide the employee’s explanation for such results. Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City-mandated alternative to disciplinary action arising out of a violation of the City’s drug and alcohol policy. As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a “return to work agreement” with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment. Employees who seek voluntary assistance for alcohol and/or substance abuse will not be disciplined for seeking such assistance. Requests from employees to the Police Chief for such assistance shall remain confidential and shall not be revealed to other employees or management personnel who do not have a need to know, without the employee’s consent. Employees enrolled in substance abuse programs shall be subject to all employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Section 7.4.4 of the Memorandum of Understanding. 6.4.3 Outside Employment Policy All employees of the Police Department should refer to the Citywide policy located on the City’s Intranet (https://intranet.cityofsanrafael.org) for policies and procedures related to outside employment. 18 6.4.4 Harassment Policy It is the City’s intent and purpose to provide all officials, employees, applicants and contractors with an environment that is free from any form of harassment, discrimination or retaliation. Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City’s Intranet website. 6.4.5 Wireless Communication Policy Union members agree to adhere to the provisions of the City’s Wireless Communication Policy which is available on the City’s Intranet Website. 6.4.6 Use of City Vehicle The City agrees to allow all currently represented classified positions covered by this agreement (Police Captain and Police Lieutenant) the use of department vehicles, as practiced on the date the MOU was adopted by the City Council for FY 91-92, as they are expected to respond to emergencies. During the term of this contract the Police Chief and members of this Association shall meet and confer on the development of a specific policy related to City Vehicle Use. 6.4.7 Temporary Modified Duty Policy The purpose of this temporary modified duty program is to minimize the loss of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, facilitate recovery and reduce income loss. Modified duty assignments will be structured so that employees are not placed in a duty status that would aggravate or re-incur an injury or illness. Modified duty assignments are to be limited to temporary periods and are not to be used to create a permanent modified duty assignment. 1. Coverage Any employee who suffers a temporary and partial disability due to an industrial or non- industrial injury or illness will be covered by this modified duty program. 2. Determination/Required Reports a. Modified Duty assignments may be made following evaluation and determination by the Police Chief. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determination will also be based on the needs of the City and the impact of modified duty departmental operations. b. After the initial report, updated medical reports shall be submitted to the Police Chief at two-week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a modified duty assignment has been made. c. Reports will be evaluated by the Police Chief for purposes of continuing or terminating a current modified duty assignment or to determine when to commence a modified duty assignment. 3. Modified Duty Assignments - Definitions/Restrictions a. Modified duty assignments may consist of reduced work hours, limited work or any combination thereof. b. Modified duty assignments will not adversely affect the employee’s normal wage rate or retirement benefits. c. Modified duty assignments will be within the employee’s assigned department and will involve work which is consistent with the duties of the employee’s classification. 19 d. When feasible, modified duty assignments will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee will be assigned modified duty during normal office hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. e. Specific modified duty assignments will be developed based upon a case by case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. f. Employees will not be placed in modified duty assignments that, in the normal course of events, will require that they provide direct field emergency response. 4. Holidays/Vacations a. Holidays shall be observed in accordance with the modified duty assignment work hours and work week. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take the holiday off, so shall the modified duty employee. If the employees are assigned to work hours on a work holiday, so shall the modified duty employee. Compensation for holidays shall be in accordance with applicable Memorandum of Understanding or the Personnel Rules and Regulations. b. Employees assigned to modified duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full duty. Employees may reschedule their assigned (selected) vacation with the approval of the Police Chief, provided the rescheduling does not result in increased costs or lost time to the City for relief personnel to cover the rescheduled vacation. 5. Return to Full Duty Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his or her classification. 6.5 MISCELLANEOUS 6.5.1 Gratuities / Solicitation of Contributions All employees of the Police Department should refer to Departmental Rules and Regulations 300.48 and 300.50 for the rules and procedures related to gratuities/solicitation. 6.5.2 Return of City Equipment Upon termination of employment, all tools, equipment, and other City property assigned to any employee shall be returned to the employee’s supervisor. 6.5.3 Political Activity The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 6.5.4 Employment of Relatives The City retains the right: 1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to place both parties to a relationship in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. 20 6.5.5 Gym Reimbursement Employees are eligible to receive up to $50 reimbursement per month for paid gym memberships, workout classes or similar ongoing fitness activities. Such reimbursement shall be paid once per year by the City in a lump-sum check and reported as taxable income to the employee. 6.5.6 Public Safety Center Fitness Program PURPOSE AND SCOPE: The purpose of this policy is to establish guidelines for employees utilizing the Public Safety Center (PSC) fitness facility. The Department requires all those electing to use the PSC fitness facility to adhere to the conditions and policies as described in this policy. Persons who do not meet the conditions as described in this directive will be deemed to be engaging in activities outside the scope of their employment, and the City shall not have any liability for injuries or losses resulting from such activities. The City will not accept responsibility for injuries incurred as a result of recreational exercise/activities or competitive events. PROCEDURES: It is the position of the City to encourage a high level of physical fitness among police personnel. To assist employees in achieving this goal, the Department has implemented an on-duty work- out policy for all San Rafael Police employees. A. On-Duty Participation: 1. On-duty participation is defined as one hour of on-duty time for the purpose of exercise. B. Exercise time and use of the PSC fitness facility may not begin until the Waiver and Release of Liability form has been read, signed, and filled out for all employees. C. Use of the Public Safety Center fitness facility by Participants: 1) All personnel, regardless of assignment, may use the PSC fitness facility for workouts between the hours of 0500hrs to 2200hrs. 2) There shall be no meals or snacks eaten in the PSC fitness facility; water or other workout drinks are acceptable. 3) All personnel using the PSC fitness facility shall wipe down all equipment after use and pick up any trash. D. The PSC fitness facility is the only approved and authorized on-duty work out facility: 1) On duty exercise must take place within the PSC so employees can remain available for emergencies or return to their duty assignment in the event exigencies arise. Employees must be prepared to change into uniform without undue delay if necessary. 2) The PSC fitness facility is located on the second floor. This area is close to the sleeping quarters of the firefighters and police employees should respect the shared area appropriately. E. On duty exercise time shall be utilized in lieu of a meal break. Personnel participating in an on-duty work out will remain personally responsible for sustenance at their desk as time permits in the balance of their workload. 21 F. Provisions of the on-duty exercise policy that are specifically related to personnel assigned to Patrol are as follows: 1) On-duty exercise time is approved by the Watch Commander or his/ her designee only when the shift is above minimum staffing. Due consideration must be given to staffing and activity levels. Exercise time may be canceled at the discretion of the Watch Commander (or designee). The Watch Commander's decision regarding on- duty exercise cannot be grieved. 2) No more than one (1) employee from patrol may exercise on-duty at any given time. When on-duty, there shall only be one (1) on-duty patrol officer in the workout room at a time. 3) A police radio shall be audible inside the PSC fitness facility any time patrol personnel are exercising. Patrol personnel shall respond to their call sign when called from communications. 4) Participants assigned to patrol wishing to use on-duty time for exercise must request the desired time at the beginning of the shift. Requests may also be made a shift in advance. Seniority will be used to determine exercise times. 5) Reports and calls for service have priority over exercise time. No work-related assignments should remain pending while working out unless they can be completed in a timely manner without incurring overtime, 6) Personnel participating in on-duty workouts shall not be permitted to do so in conjunction with briefing at the beginning of their shift or proximate to the completion of their shift. On-duty workouts may only take place at the direction and with approval of the Watch Commander (or designee). 7) On-duty exercise time may not be taken on the last hour of the shift (as enumerated in section 7 of this section). 8) During Field Training, neither the Field Training Officer (FTO) nor the Officer in Training (OIT) may utilize the PSC fitness facility on-duty. G. Employees are required to immediately report any injuries or serious illnesses while using the PSC fitness facility to their supervisor: H. Miscellaneous provisions of the on-duty exercise policy: 1) No exercise program hours will be carried over from one day to the next. 2) Performance issues, at the discretion of the Chief of Police, may be the basis for an individual being denied permission to participate in on-duty exercise. 3) Break periods (rest breaks) cannot be used to extend exercise time. 4) The provisions and implementation of this on-duty exercise policy will not be subject to challenge or grievance by employees. INJURIES OR SERIOUS ILLNESSES: Employees are required to immediately report all injuries or serious illnesses that require medical attention. Following such an injury, exercise privileges will be suspended immediately until further notice. Determination of when an injured participant may resume exercise activity will be at the discretion of the Chief of Police or his/her designee following a complete review of the injury report. This determination will be based on the nature of the injury and the health/fitness needs of the individual. 22 a) An injured employee may be required to submit a memo detailing their injury/illness and obtain clearance in writing from the attending physician prior to resuming exercise activities. b) Once cleared to resume physical fitness activities, the injured participant will follow the exercise prescribed without deviation. Deviation from the prescribed exercise program may result in disqualification from using the PSC fitness facility on-duty and off-duty. c) Those participants whose injury/illness requires a "light duty" status may use the PSC fitness facility following a clearance by their attending physician. Exercise activity will be limited to the fitness program prescribed. d) Failure to immediately report any injury or illness resulting from working out in the PSC fitness facility may result in loss of facility use privileges both on and off duty. OFF DUTY EXERCISE BY EMPLOYEES: Employees may use the PSC fitness facility during their off-duty time under the following guidelines: a) Must read, sign, and submit the Waiver and Release of Liability form, which must then be authorized by the Chief of Police. b) Exercise sessions are on off-duty time only and there is no limit to how many times one can use the facility. c) Follow all safety rules. d) Follow all guidelines as described in this policy. e) Only SRPD employees are allowed to use the facility. GENERAL SAFETY RULES: a) Proper warmup and cooldown activities are to be performed before and after weight training and cardiovascular workout sessions. b) All safety stops and mechanisms on exercise equipment must be properly adjusted before each use. c) All weight plates must be removed from the lifting bar and returned to the proper storage rack immediately after use. d) Proper athletic footwear and shirts must be worn while exercising in the PSC fitness facility. e) All injuries or exercise equipment needing repair should be reported to the Watch Commander immediately. f) Spotters are required for all heavy lifting. If no spotters are available, no heavy lifting will be allowed. PROGRAM LENGTH: a) This will be a pilot program for six (6) months. At the end of the six months, the program will be evaluated by the Chief of Police to determine if the program should continue and/or be modified. b) If at any time during the program the Chief of Police determines that it is detrimental to the functioning of the department, the Chief may cancel the program. The Chiefs decision to cancel the program will not be subject to challenge or grievance. 23 7 PROCEDURES 7.1 DEMOTION & SUSPENSION 7.1.1 Demotion The City Manager or his/her designee may demote an employee when the following occurs: a. The employee fails to perform his/her required duties. b. The need for a position which an employee fills no longer exists; c. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications of the position at the time of demotion. When the action is initiated by the City Manager or his/her designee, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Department. Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Article 7.3 "Disciplinary Action." 7.1.2 Suspension The City Manager may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director and shall be taken in accordance with Article 7.3 "Disciplinary Action." 7.2 TERMINATION OF EMPLOYMENT 7.2.1 Resignation An employee wishing to leave City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the City Manager and the Human Resources Department. 7.2.2 Termination - Layoff The City Manager or his/her designee may terminate an employee because of changes in duties or organization, abolition of position, shortage of work or funds, or completion of work for which employment was made. 7.2.3 Termination - Disciplinary Action An employee may be terminated at any time for disciplinary action, as provided in Article 7.3 "Disciplinary Action." 7.2.4 Retirement Retirement from City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. 7.2.5 Rejection During Probation An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal. 24 7.3 DISCIPLINARY ACTION 7.3.1 Right to Discipline & Discharge Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. The City may discipline or discharge an employee for the following: a. Fraud in securing appointment. b. Negligence of duty. c. Violation of safety rules. d. Unacceptable attendance record including tardiness, overstaying lunch or break periods. e. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotic or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time. h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior toward (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. j. Falsifying employment application materials, time reports, records, or payroll documents or other City records. k. Disobedience to proper authority. l. Misuse of City property. m. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. n. Disorderly conduct, participation in fights, or brawls. o. Dishonesty or theft. p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination. s. Other acts inimical to the public service. 7.3.2 Appeals If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Article 7.4). Such appeal must be filed with the City Manager by the employee in writing within five (5) working days from the date of the discipline/discharge; unless so filed the right of appeal is lost. 25 7.3.3 City Manager and Arbitration The employee (appellant) may submit the appeal directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee (appellant) shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. A hearing before the arbitrator shall be held within sixty days of the selection of the arbitrator unless the arbitrator’s schedule does not so permit. The arbitrator shall hear each party's case as presented during the hearing, and shall subsequently have the power to affirm, reject, or provide a lesser form of discipline. Decisions of the Arbitrator on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. In addition to the arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually selected by the City and the Association. 7.4 GRIEVANCE PROCEDURE 7.4.1 Definition A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding. 7.4.2 Initial Discussions Any employee who believes that he or she has a grievance may discuss his or her complaint with the Police Chief or with such management official as the Police Chief may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification of which he or she is assigned, the procedures hereafter specified may be invoked. 7.4.3 Referral to the City Manager Any employee or any official of the employee organization which have been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance, may notify the City Manager and Police Chief in writing that a grievance exists and, in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under Section 7.4.4 below which has not first been heard and investigated in pursuance of Section 7.4.2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the next step. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 7.4.4 City Manager and Arbitration If the grievance is not resolved in the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. Each party, however, shall bear the cost of its own presentations, including preparation and post hearing briefings, if any. 26 No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of grievance as hereinabove set forth in paragraph (1) of this section. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable and nor proposal to modify, amend or terminate this Memorandum of Understanding, not any matter or subject under this section; and no Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the Memorandum of Understanding or interpretations thereof will be recognized unless agreed to by the City Manager and the Association. A hearing before the arbitrator shall be held within 60 days of the selection of the arbitrator unless the arbitrator’s schedule does not so permit, and the arbitrator shall render a decision which is binding on the parties hereto, to the extent permitted by the Charter of the City. 7.5 REDUCTION IN FORCE In reduction of force, the last employee appointed within the represented classification shall be the first employee laid off, and in re-hiring, the last employee laid off shall be the first employee re-hired until the list of former employees is exhausted, provided that the employee retained or re-hired is capable, in the opinion of the City, to perform the work required. An employee laid off from City services prior to being re-hired must pass the physical examination administered by a City-appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Re-employment Eligibility List as hereinafter specified. The Re-employment Eligibility List shall consist of names of employees and former employees having probationary or permanent status who were laid off in that classification. The rank order on such lists shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. The name of any person laid off shall continue on the appropriate Re-employment Eligible List for a period of one (1) year after it is placed thereon. The names of any eligible employees on a Re-employment Eligibility List shall be automatically removed from said list at the expiration of the appropriate period of eligibility. 27 SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION: CITY OF SAN RAFAEL: Dan Fink, Police Lieutenant Cristine Alilovich, Assistant City Manager Scott Eberle, Police Lieutenant Sylvia Gonzalez-Shelton, HR Operations Mgr Date Date Exhibit A Grade Position A B C D E 6103 POLICE CAPTAIN (Benchmark)$12,804 $13,444 $14,116 $14,822 $15,563 6110 POLICE LIEUTENANT $11,336 $11,903 $12,498 $13,123 $13,779 SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION SALARY SCHEDULE Effective July 1, 2021 T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\2021-07-06\HR - SRPMM Successor MOU (discussion)\SRPMM 21-24 salary schedule.xls 6/30/2021_12:30 PM Exhibit A Grade Position A B C D E 6103 POLICE CAPTAIN (Benchmark)$13,316 $13,981 $14,681 $15,415 $16,185 6110 POLICE LIEUTENANT $11,789 $12,379 $12,998 $13,648 $14,330 SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION SALARY SCHEDULE Effective July 1, 2022 T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\2021-07-06\HR - SRPMM Successor MOU (discussion)\SRPMM 21-24 salary schedule.xls 6/30/2021_12:30 PM Exhibit A Grade Position A B C D E 6103 POLICE CAPTAIN (Benchmark)$13,848 $14,541 $15,268 $16,031 $16,833 6110 POLICE LIEUTENANT $12,261 $12,874 $13,518 $14,194 $14,903 SAN RAFAEL POLICE MID-MANAGEMENT ASSOCIATION SALARY SCHEDULE Effective July 1, 2023 T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\2021-07-06\HR - SRPMM Successor MOU (discussion)\SRPMM 21-24 salary schedule.xls 6/30/2021_12:30 PM ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.f Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: APPROVAL OF THE NEW RESOLUTION THAT AUTHORIZES COMPENSATION FOR EXECUTIVE MANAGEMENT EMPLOYEES SUBJECT: RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FY 20-21 FURLOUGH REPAYMENT RECOMMENDATION: Adopt Resolution establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2021 through June 30, 2024), which includes repayment of the FY 20-21 furlough. BACKGROUND: The unrepresented Executive Management employee group includes 13 positions assigned in various City departments. These Executive Managers lead and direct the ongoing services and operations around the City to achieve the goals of the City Council. The Unrepresented Executive Management Salary Resolution expired on June 30, 2020 and was extended by side letter through June 30, 2021. In keeping with the equity adjustment approach for Unrepresented Mid-Management and Executive Management employees, salary increases for each position depend on the extent to which each position is behind the labor market average. The recommended increases for the Unrepresented Executive Management group are in line with what has been proposed for approval by the City Council for non-safety bargaining groups for the same three-year period. ANALYSIS: The following reflects highlights of the recommended salary resolution and is consistent with the economic guidelines authorized by the City Council. The attached resolution includes all the recommended changes. 1. Term of the Resolution: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual salary increase percentages for unrepresented Executive Management positions are based on how far behind each position is in comparison to the labor market average. Positions that over the labor market are eligible for a 1.6% base wage increase. Positions 10% or less behind the labor market average are eligible for a 3.5% base wage increase. Positions that are SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 more than 10% behind the labor market average are eligible for a 4% base wage increase. The salary schedule included in the attached resolution authorizes the proposed new salary for each position. 3. Prior year resolution extension – restoration of 3% base wage: In FY 20/21, all employees (except WCE, Local 1, Mid-Management and Executive Management) received a minimum 3% base wage increase with the 1-year contract extension implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of WCE, Local 1, Mid-Management and Executive Management, who did not receive this same base wage increase. However, the City is now in a financial position to “restore” a 3% base wage increase to these groups. The 3% base wage will apply to all Unrepresented Executive Management positions and is reflected in the attached salary schedule effective July 1, 2021. FY 20-21 Furlough Repayment In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. In anticipation of dire financial circumstances, the City exercised its management rights under the salary resolution and implemented a Citywide furlough for all non- safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid potential workforce reductions in the future. Year-end review of the FY 20/21 budget shows that the City’s projected revenue losses anticipated due to the pandemic fortunately did not materialize as expected and the City is projecting a financial surplus for fiscal year 20/21. As a result, the City is in a financial position at this time to issue repayments to employees who were furloughed over the last year. The circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20/21 is non-precedential. The City will issue a one-time re-payment equal to the actual furlough reduction amount taken by each Unrepresented Executive Management employee for FY 20/21. The City has already made MCERA pension contributions on each employee’s regular (non- furloughed) payroll amount each pay period during FY 20/21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and the repayment amount is subject to normal payroll taxation. The total amount of the furlough repayment for the Unrepresented Executive Management group is $74,200. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 13 Executive Management employees is $4,008,684. The additional ongoing incremental cost of the recommended salary resolution beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $ 83,452 $ 86,698 $ 90,071 Other costs: Pension* $ 43,417 $ 45,104 $ 46,857 Taxes (Medicare, W/C) $ 2,726 $ 2,832 $ 2,943 Total Incremental Cost: $129,595 $134,634 $139,871 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 While the incremental cost is $129,595 for fiscal year 2021-2022, $134,634 for fiscal year 2022-2023, and $139,871 for fiscal year 2023-2024, the increases are compounding and therefore the projected cumulative wages and other costs total $797,924 plus $74,200 in one-time costs for the furlough repayment, totaling $872,124 for the three-year term. The incremental cost for fiscal year 21-22 includes the prior year (fiscal year 20/21) restoration of a 3% base wage increase. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Accept staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2021 through June 30, 2024), which includes repayment of the FY 20-21 furlough. ATTACHMENTS: 1. Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2021 through June 30, 2024), with attachments RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES (July 1, 2021 through June 30, 2024) WHEREAS, the Salary Resolution establishing the terms of compensation for the Unrepresented Executive Management group expired on June 30, 2021; and WHEREAS, Unrepresented Executive Management employees were subject to a 5% furlough reduction for Fiscal Year 2020-21; and WHEREAS, year-end review of the FY 20-21 budget shows that the City’s projected revenue losses anticipated due to the pandemic did not materialize as expected and the City is in a financial position to issue repayment of the furlough reduction; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20-21 is non- precedential; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael hereby approve the following compensation and working conditions for Unrepresented Executive Management employees and repayment of the furlough reduction taken for FY 20-21. 1. EXECUTIVE MANAGEMENT EMPLOYEES The Executive Management Employees of the City of San Rafael are the Executive Management Job Class Titles (“Executives”) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Executives for the period from July 1, 2021 through June 30, 2024. 2. SALARY AND COMPENSATION GOALS A. GOALS AND COMPENSATION DEFINITIONS It is the goal of the City Council to try to achieve a total compensation package for all Executives that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato, and Santa Rosa. The Council’s goal is to attract and retain the most qualified Executives in accordance with the City’s ability to pay. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, auto allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, Executive Management allowance, and employer paid cafeteria/flexible spending accounts. 2 B. COMPENSATION SURVEYS In order to measure progress towards the above-stated goal, the City shall survey all Executive Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution. Identified survey positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the position is identified by the survey agency as being on the salary schedule and having a job class description. The appropriate survey positions will be selected for Executive Management positions based upon similar work and similar job requirements. The City shall review the survey data for accuracy and completeness. The City shall provide the survey data to all Executives. C. SALARY INCREASES Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension which was implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to all Executive management positions and is reflected in the attached salary schedule. Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The salary schedule included with this salary resolution authorizes the proposed new salary for each position. D. CAR ALLOWANCE The monthly car allowance paid to the Executives shall be $350. Executives identified in Exhibit A may be eligible to have use of a city car in lieu of the monthly car allowance at the discretion of the City Manager. 3. INSURANCE Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws. A. HEALTH INSURANCE 1. Health Insurance for Active Employees. Effective January 1, 2009, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. 3 The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be: For employee only: $ 673.42 For employee and one dependent: $1,346.82 For employee and two or more dependents: $1,750.88 Flex dollar allowances for Executive Management Employees represented by this resolution shall increase on the December 15th paycheck of each subsequent year by up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance. Miscellaneous Allowance for Employees hired on or before January 1, 2009: The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan. 4 2. Health Insurance for Retirees a. Executives Hired prior to April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Executive Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.a) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. On a monthly basis, the City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, for the retiree and the retiree’s spouse/registered domestic partner or surviving spouse/registered domestic partner and/or qualified dependent children’s coverage under PEMHCA up to the maximum contribution the City makes towards the cost of coverage of an active employee hired prior to April 1, 2007. The City‘s longevity contribution shall remain in effect for the retired manager’s life and that of the retired manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner. As described in this subsection, the City shall reimburse retired Executives and their spouses or registered domestic partners the Medicare Part B standard premium amount, as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired Executive’s life and that of the retired Executive’s spouse/registered domestic partner or surviving spouse/registered domestic partner. b. Executives hired on or after April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.b) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. On a monthly basis, the City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or retiree’s dependents. The City‘s longevity contribution shall cease on the retired manager’s death. The City shall not be responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager’s spouse or surviving spouse. c. Executives hired on or after January 1, 2009 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the 5 PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for reimbursing retired Executives and/or their spouses for any Medicare premiums paid by the retired manager and/or the retired manager’s spouse or surviving spouse. The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by the mandatory annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion. B. LIFE INSURANCE The City shall provide a basic group life insurance plan in the amount of $250,000 at no cost to the employee C. LONG-TERM DISABILITY INSURANCE The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7,500 (reduced by any deductible benefits). D. DENTAL INSURANCE The City shall make available to employees an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents. E. VISION PLAN The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits. F. EMPLOYEE ASSISTANCE PLAN The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance. 4. RETIREMENT A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) Each Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association. Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Executive employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. 6 B. COLA Executives participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). C. RETIREMENT PLAN The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Executives subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. D. SERVICE CREDIT FOR SICK LEAVE Executives who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation at the time of retirement, pursuant to Section 5-A of this Resolution). This provision will no longer be available to Executives hired after June 30, 2009. E. EXECUTIVE MANAGEMENT ALLOWANCE As of September 16, 2015, the Executive Management Allowance of 4.59% was rolled into base pay for all Unrepresented Executive Management employees. 5. LEAVES OF ABSENCE A. SICK LEAVE Executives shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period. Executives who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of a n 7 employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary. Executives may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation. Executives may use sick leave prior to completion of probation. In recognition of Executives’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Manager’s sick leave accrual, unless the employee is absent for the full workday. Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary. B. VACATION LEAVE 1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status: Years of service Leave Accrual rate/yearly 1-5 years 15 days 6 years 16 days 7 years 17 days 8 years 18 days 9 years 19 days 10 years 20 days 11 years 21 days 12 years 22 days 13 years 23 days 14 years 24 days 15 plus years 25 days In recognition of Executives’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Manager’s vacation accrual unless the employee is absent for the full workday. 2. Administration of Vacation Leave The City Manager may advance vacation leave to a Manager; prior approval is required. Executives may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee’s accumulated vacation leave balance falls below the accrual limit of 250 hours. Executives who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Executives may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. The vacation accrual may be increased to a maximum of 300 hours at the discretion of the City Manager. 3. Annual Option for Payment of Accrued Vacation Leave A Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that his/her accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid 8 to him/her in cash. The request may be granted at the discretion of the City Manager. Executives may not cash-in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period. C. ADMINISTRATIVE LEAVE Executives shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the City Manager. An additional three (3) days may be granted at the discretion and with approval of the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Manager upon his/her resignation. In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Manager’s administrative leave accrual, unless the employee is absent for the full workday. D. HOLIDAYS City shall provide eleven designated holidays and two floating holidays per calendar year to Executives. The hours for the floating holidays are automatically added to an employees’ vacation accrual on a semi-annual basis. E. BEREAVEMENT LEAVE In the event of the death of a Manager’s spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the home of the employee, and/or another individual who has a legal familial relationship to the employee and resided in the employee’s household, the City shall provide bereavement leave up to a maximum of three (3) days within the state and five (5) days out-of-state. F. CATASTROPHIC LEAVE All Executives shall abide by the City’s Catastrophic Leave Policy. 6. EMPLOYMENT TERMS A. HOURS OF WORK The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Executives shall be 7.5 hours per day. B. DRUG FREE WORK PLACE All Executives shall abide by the City’s Drug and Alcohol Policy. C. FURLOUGH PLAN Executives endorse the Furlough Program described in Exhibit B. D. PAY FOR PERFORMANCE EVALUATION SYSTEM Executives shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. E. OUTSIDE EMPLOYMENT All Executives shall abide by the City’s Outside Employment Policy. 9 F. GYM REIMBURSEMENT Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 19th day of July 2021 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ LINDSAY LARA, CITY CLERK Grade Position A B C D E 2501 Assistant City Attorney 12,035$ 12,637$ 13,268$ 13,932$ 14,628$ 2001 Assistant City Manager 14,305$ 15,020$ 15,771$ 16,560$ 17,387$ 2300 Community Development Director 13,888$ 14,583$ 15,312$ 16,078$ 16,881$ 4205 Director of Digital Service & Open Government 12,646$ 13,278$ 13,942$ 14,639$ 15,371$ 2801 Director of Economic Development & Innovation 12,646$ 13,278$ 13,942$ 14,639$ 15,371$ 2205 District Manager/Engineer (SRSD) 12,585$ 13,214$ 13,875$ 14,568$ 15,297$ 2140 Finance Director 12,646$ 13,278$ 13,942$ 14,639$ 15,371$ 7101 Fire Chief 14,235$ 14,946$ 15,694$ 16,478$ 17,302$ 1106 Human Resources Director 12,646$ 13,278$ 13,942$ 14,639$ 15,371$ 2406 Library and Recreation Director 13,283$ 13,947$ 14,644$ 15,376$ 16,145$ 6101 Police Chief 14,235$ 14,946$ 15,694$ 16,478$ 17,302$ 2201 Public Works Director 13,956$ 14,653$ 15,386$ 16,155$ 16,963$ 20,987$ SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective July 1, 2021 Position Monthly Salary City Manager (Appointed) Grade Position A B C D E 2501 Assistant City Attorney 12,456$ 13,079$ 13,733$ 14,419$ 15,140$ 2001 Assistant City Manager 14,877$ 15,621$ 16,402$ 17,222$ 18,083$ 2300 Community Development Director 14,375$ 15,093$ 15,848$ 16,640$ 17,472$ 4205 Director of Digital Service & Open Government 13,152$ 13,809$ 14,500$ 15,225$ 15,986$ 2801 Director of Economic Development & Innovation 13,151$ 13,809$ 14,499$ 15,224$ 15,986$ 2205 District Manager/Engineer (SRSD) 13,025$ 13,676$ 14,360$ 15,078$ 15,832$ 2140 Finance Director 13,151$ 13,809$ 14,499$ 15,224$ 15,986$ 7101 Fire Chief 14,804$ 15,544$ 16,321$ 17,137$ 17,994$ 1106 Human Resources Director 13,151$ 13,809$ 14,499$ 15,224$ 15,986$ 2406 Library and Recreation Director 13,814$ 14,505$ 15,230$ 15,991$ 16,791$ 6101 Police Chief 14,804$ 15,544$ 16,321$ 17,137$ 17,994$ 2201 Public Works Director 14,514$ 15,239$ 16,001$ 16,801$ 17,642$ 21,721$ SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective July 1, 2022 Position Monthly Salary City Manager (Appointed) Grade Position A B C D E 2501 Assistant City Attorney 12,892$ 13,537$ 14,214$ 14,924$ 15,670$ 2001 Assistant City Manager 15,472$ 16,246$ 17,058$ 17,911$ 18,806$ 2300 Community Development Director 14,878$ 15,621$ 16,403$ 17,223$ 18,084$ 4205 Director of Digital Service & Open Government 13,678$ 14,362$ 15,080$ 15,834$ 16,625$ 2801 Director of Economic Development & Innovation 13,677$ 14,361$ 15,079$ 15,833$ 16,625$ 2205 District Manager/Engineer (SRSD) 13,481$ 14,155$ 14,863$ 15,606$ 16,386$ 2140 Finance Director 13,677$ 14,361$ 15,079$ 15,833$ 16,625$ 7101 Fire Chief 15,396$ 16,166$ 16,974$ 17,823$ 18,714$ 1106 Human Resources Director 13,677$ 14,361$ 15,079$ 15,833$ 16,625$ 2406 Library and Recreation Director 14,366$ 15,085$ 15,839$ 16,631$ 17,462$ 6101 Police Chief 15,396$ 16,166$ 16,974$ 17,823$ 18,714$ 2201 Public Works Director 15,094$ 15,849$ 16,641$ 17,474$ 18,347$ 22,482$ SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective July 1, 2023 Position Monthly Salary City Manager (Appointed) EXECUTIVE MANAGEMENT SALARY RESOLUTION EXHIBIT "B" FURLOUGH PROGRAM Both the City of San Rafael and the Management Group employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and these employees have worked expeditiously on the development of a Furlough Program. This does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Voluntary Time Off (VTO). The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. Mandatory Time Off (MTO). The City will attempt to schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. For retirement calculation purposes of the MTO, the City shall follow the policies and procedures of the Marin County Employees’ Retirement Association (MCERA) at the time of the furlough. 3. Any employee who notifies the City no later than 07/30/11 of their retirement date and retires from the City during FY 11-12 shall be exempted from the MTO requirements. If said employee did not retire during FY 11-12 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees. 4. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit subject to the policies and procedures of the Marin County Employees’ Retirement Association (MCERA). Other Terms and Conditions. 1. The MTO salary reduction shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time. 2. Float Time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. 3. Should the City experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re-open discussions on this Furlough Program. 4. The VTO/MTO salary reduction is intended to be permanent for the term of this contract. ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.g Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: APPROVAL OF THE NEW RESOLUTION THAT AUTHORIZES COMPENSATION FOR MID-MANAGEMENT EMPLOYEES SUBJECT: RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MID-MANAGEMENT EMPLOYEES (JULY 1, 2021 THROUGH JUNE 30, 2024) AN D FY 20-21 FURLOUGH REPAYMENT RECOMMENDATION: Adopt Resolution Establishing the Compensation and Working Conditions for Unrepresented Mid-Management Employees (July 1, 2021 through June 30, 2024), which includes repayment of the FY 20-21 furlough. BACKGROUND: The unrepresented Mid-Management employee group (“Mid-Managers”) includes 27 positions assigned to various City departments. These Mid-Managers support ongoing services and operations around the City. The Unrepresented Mid-Management Salary Resolution expired on June 30, 2020 and was extended by amendment through June 30, 2021. In keeping with the equity adjustment approach for Unrepresented Mid-Management and Executive Management employees, salary increases for each position depend on the extent to which each position is behind the labor market average. The recommended increases for the Unrepresented Mid-Management group are in line with what has being proposed for approval by the City Council for non-safety bargaining groups for the same three-year period. ANALYSIS: The following reflects highlights of the recommended salary resolution and is consistent with the economic guidelines authorized by the City Council. The attached resolution includes all of the recommended changes. 1. Term of the Resolution: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual salary increase percentages for the Unrepresented Mid-Management are based on how far behind each position is in comparison to the labor market average. Positions that over the labor market are eligible for a 1.6% base wage increase. Positions 10% or less SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 behind the labor market average are eligible for a 3.5% base wage increase. Positions that are more than 10% behind the labor market average are eligible for a 4% base wage increase. The salary schedule included in the attached resolution authorizes the proposed new salary for each position. 3. Prior year resolution extension – restoration of 3% base wage: In FY 20/21, all employees (except WCE, Local 1, Mid-Management and Executive Management) received a minimum 3% base wage increase with the 1-year contract extension implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of WCE, Local 1, Mid-Management and Executive Management, who did not receive this same base wage increase. However, the City is now in a financial position to “restore” a 3% base wage increase to these groups. The 3% base wage will apply to all Unrepresented Mid-Management positions and is reflected in the attached salary schedule effective July 1, 2021. FY 20-21 Furlough Repayment In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. In anticipation of dire financial circumstances, the City exercised its management rights under the salary resolution and implemented a Citywide furlough for all non- safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid potential workforce reductions in the future. Year-end review of the FY 20/21 budget shows that the City’s projected revenue losses anticipated due to the pandemic fortunately did not materialize as expected and the City is projecting a financial surplus for fiscal year 20/21. As a result, the City is in a financial position at this time to issue repayments to employees who were furloughed over the last year. The circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20/21 is non-precedential. The City will issue a one-time re-payment equal to the actual furlough reduction amount taken by each Unrepresented Mid-Management employee for FY 20/21. The City has already made MCERA pension contributions on each employee’s regular (non- furloughed) payroll amount each pay period during FY 20/21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and the repayment amount is subject to normal payroll taxation. The total amount of the furlough repayment for the Unrepresented Mid-Management group is $110,700. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the 27 Mid-Management employees is $5,716,357. The additional ongoing incremental cost of the recommended salary resolution beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $ 112,564 $116,492 $120,561 Other costs: Pension* $ 56,712 $ 58,696 $ 60,750 Taxes (Medicare, W/C) $ 4,248 $ 4,373 $ 4,447 Total Incremental Cost: $173,524 $179,561 $185,758 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged. While the incremental cost is $173,524 for fiscal year 2021-2022, $179,561 for fiscal year 2022-2023, and $185,758 for fiscal year 2023-2024, the increases are compounding and therefore the projected cumulative wages and other costs total $1,065,452 plus $110,700 in one-time costs for the furlough repayment, totaling $1,176,152 for the three-year term. The incremental cost for fiscal year 21-22 includes the prior year (fiscal year 20/21) restoration of a 3% base wage increase. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Accept staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the Resolution Establishing the Compensation and Working Conditions for Unrepresented Mid-Management Employees (July 1, 2021 through June 30, 2024), which includes repayment of the FY 20-21 furlough. ATTACHMENTS: 1. Resolution Establishing the Compensation and Working Conditions for Unrepresented Mid- Management Employees (July 1, 2021 through June 30, 2024), with attachments RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MID-MANAGEMENT EMPLOYEES (July 1, 2021 through June 30, 2024) WHEREAS, the Salary Resolution establishing the terms of compensation for the Unrepresented Mid-Management group expired on June 30, 2021; and WHEREAS, Unrepresented Mid-Management employees were subject to a 5% furlough reduction for Fiscal Year 2020-21; and WHEREAS, year-end review of the FY 20-21 budget shows that the City’s projected revenue losses anticipated due to the pandemic did not materialize as expected and the City is in a financial position to issue repayment of the furlough reduction; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20-21 is non- precedential; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael hereby approve the following compensation and working conditions for Unrepresented Mid-Management employees and repayment of the furlough reduction taken for FY 20-21. 1. MID-MANAGEMENT EMPLOYEES The Mid-Management Employees of the City of San Rafael are the Mid-Management Job Class Titles (“Mid-Managers”) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Mid-Managers for the period from July 1, 2021 through June 30, 2024. 2. SALARY AND COMPENSATION GOALS A. GOALS AND COMPENSATION DEFINITIONS It is the goal of the City Council to try to achieve a total compensation package for all Mid-Managers that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa. The Council’s goal is to attract and retain the most qualified Mid-Managers in accordance with the City’s ability to pay. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, management allowance, and employer paid cafeteria/flexible spending accounts. B. COMPENSATION SURVEYS In order to measure progress towards the above-stated goal, the City shall survey the identified Management benchmark positions (Exhibit B) to assess the related Mid-Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution. Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on 2 the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements. The City shall review the benchmark and related survey data for accuracy and completeness. The City shall provide the survey data to all Mid-Managers. During the term of this Resolution, Mid- Managers agree to work with the City to identify and implement a new benchmark strategy such as an alignment of Mid-Manager salaries with the respective department director. C. SALARY INCREASES Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension which was implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to all mid-management positions and is reflected in the salaries listed in the attached salary schedule. Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The salary schedule included with this salary resolution authorizes the proposed new salary for each position. 3. INSURANCE Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws. A. HEALTH INSURANCE 1. Health Insurance for Active Employees. Effective January 1, 2009, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be: For employee only: $ 673.42 For employee and one dependent: $1,346.82 For employee and two or more dependents: $1,750.88 Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. 3 Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance. Miscellaneous Allowance for Employees hired on or before January 1, 2009: The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan. 2. Health Insurance for Retirees MID-MANAGERS HIRED PRIOR TO APRIL 1, 2007 a. For Mid-Managers who retired before December 1, 2001, the City’s contribution to retiree medical premiums shall be the PEMHCA minimum contribution as designated by PEMHCA on an annual basis. Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) up to $442 per month. The City‘s longevity contribution shall remain in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner. b. Mid-Managers who retired on or after December 1, 2001 from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Mid-Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to receive upon retirement the PEMHCA minimum contribution as designated by PEMHCA on an annual basis. Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of active Mid-Manager employees. The City‘s longevity contribution shall 4 remain in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner. As described in this subsection, the City shall reimburse retired Mid-Managers and their spouses or registered domestic partners the Medicare Part B standard premium amount as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired Mid-Manager’s life and that of the retired Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner. MID-MANAGERS HIRED ON OR AFTER APRIL 1, 2007 Mid-Managers who are hired on or after April 1, 2007, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.b.) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity contribution shall cease upon the retired Mid-Manager’s death. The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse. MID-MANAGER HIRED ON OR AFTER JANUARY 1, 2009 Mid-Managers who are hired on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse. The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by the mandatory annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion. B. LIFE INSURANCE The City shall provide a basic group life insurance plan in the amount of $150,000 at no cost to the employee. 5 C. LONG-TERM DISABILITY INSURANCE The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7500 (reduced by any deductible benefits). D. DENTAL INSURANCE The City shall make available to employees, an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents. E. VISION PLAN The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits. F. EMPLOYEE ASSISTANCE PLAN The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance. 4. RETIREMENT A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) Each Mid-Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association. Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Mid-Management employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. B. COLA Mid-Managers participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). C. RETIREMENT PLAN The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Mid-Manager subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, 6 through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. D. SERVICE CREDIT FOR SICK LEAVE Mid-Managers who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 5 A. of this Resolution). This provision will no longer be available to Mid-Managers hired after June 30, 2009. E. MANAGEMENT ALLOWANCE As of September 16, 2015, the Management Allowance of 4.54% was rolled into base pay for all Unrepresented Mid-Management employees. 5. LEAVES OF ABSENCE A. SICK LEAVE Mid-Managers shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period. Mid-Managers who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary. Mid-Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation. Mid-Managers may use sick leave prior to completion of probation. In recognition of Mid-Managers’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Mid- Manager’s sick leave accrual, unless the employee is absent for the full work day. Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary. B. VACATION LEAVE 1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status: Years of service Leave Accrual rate/yearly 1-5 years 15 days 6 years 16 days 7 years 17 days 8 years 18 days 9 years 19 days 10 years 20 days 7 11 years 21 days 12 years 22 days 13 years 23 days 14 years 24 days 15 plus years 25 days In recognition of Mid-Managers’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Mid-Manager’s vacation accrual unless the employee is absent for the full work day. 2. Administration of Vacation Leave The City Manager may advance vacation leave to a Mid-Manager; prior approval is required. Mid-Managers may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee’s accumulated vacation leave balance falls below the accrual limit of 250 hours. Mid-Managers who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Mid-Managers may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. The vacation accrual may be increased to a maximum of 300 hours at the discretion of the City Manager. 3. Annual Option for Payment of Accrued Vacation Leave A Mid-Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that his/her accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to him/her in cash. The request may be granted at the discretion of the City Manager. Mid-Managers may not cash-in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period. C. ADMINISTRATIVE LEAVE Mid-Managers shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the Department Director and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department director and the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Mid-Manager upon his/her resignation. In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Mid-Manager’s administrative leave accrual, unless the employee is absent for the full work day. D. HOLIDAYS City shall provide eleven designated holidays and two floating holidays per calendar year to Mid- Managers. The hours for the floating holidays are automatically added to an employees’ vacation accrual on a semi-annual basis. E. BEREAVEMENT LEAVE In the event of the death of a Mid-Manager’s spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the home of the employee, and/or another individual who has a legal familial relationship to the employee and resided in the employee’s household, the City shall provide bereavement leave up to a maximum of three (3) days within the state and five (5) days out-of-state. F. CATASTROPHIC LEAVE All Mid-Managers shall abide by the City’s Catastrophic Leave Policy. 8 6. EMPLOYMENT TERMS A. HOURS OF WORK The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Mid-Managers shall be 7.5 hours per day. B. DRUG FREE WORK PLACE All Mid-Managers shall abide by the City’s Drug and Alcohol Policy. C. FURLOUGH PLAN Mid-Managers endorse the Furlough Program described in Exhibit C attached to this Resolution. D. PAY FOR PERFORMANCE EVALUATION SYSTEM Mid-Managers shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein. E. OUTSIDE EMPLOYMENT All Mid-Managers shall abide by the City’s Outside Employment Policy. F. CITY VEHICLE Under limited circumstances, a city vehicle may be provided to a Mid-Manager if it is determined to be needed to complete his/her job duties and upon approval of the City Manager. G. UNIFORM ALLOWANCE If required to wear a uniform which is not provided by the City, employee shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December. H. GYM REIMBURSEMENT Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee. I. Professional Development The City Manager commits to working with each department’s management team to establish dedicated professional development time throughout the year I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 19th day of July 2021 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ LINDSAY LARA, CITY CLERK Grade Position A B C D E 7315 Accounting Manager 9,319$ 9,785$ 10,274$ 10,788$ 11,327$ 2400 Assistant Library and Recreation Director 10,600$ 11,130$ 11,686$ 12,271$ 12,884$ 2202 Assistant Public Works Director / City Engineer 12,029$ 12,631$ 13,262$ 13,925$ 14,621$ 2302 Chief Building Official 11,179$ 11,738$ 12,325$ 12,941$ 13,588$ 4203 Civic Design Manager 9,910$ 10,405$ 10,926$ 11,472$ 12,045$ 2122 Code Enforcement Supervisor 7,553$ 7,930$ 8,327$ 8,743$ 9,180$ 4204 Data & Infrastructure Manager 10,974$ 11,522$ 12,098$ 12,703$ 13,338$ 1105 Deputy City Attorney I 10,131$ 10,637$ 11,169$ 11,728$ 12,314$ 1109 Deputy City Attorney II 11,170$ 11,728$ 12,315$ 12,931$ 13,577$ 2120 Deputy Fire Marshall 9,515$ 9,991$ 10,490$ 11,015$ 11,566$ 2135 Deputy Public Works Director 10,929$ 11,475$ 12,049$ 12,651$ 13,284$ 7313 Economic Development Coordinator 9,181$ 9,640$ 10,122$ 10,628$ 11,159$ 2128 Economic Development Manager 10,095$ 10,600$ 11,130$ 11,686$ 12,271$ 7117 Emergency Services Manager 8,957$ 9,405$ 9,875$ 10,369$ 10,888$ 2107 Human Resources Operations Manager 9,041$ 9,493$ 9,968$ 10,466$ 10,989$ 2208 Operations and Maintenance Manager 9,856$ 10,349$ 10,867$ 11,410$ 11,981$ 2208 Operations and Maintenance Manager (SRSD) 9,856$ 10,349$ 10,867$ 11,410$ 11,981$ 2703 Parking Services Manager 9,181$ 9,640$ 10,122$ 10,628$ 11,159$ 7312 Parks Superintendent 9,000$ 9,450$ 9,923$ 10,419$ 10,940$ 2116 Planning Manager 10,330$ 10,847$ 11,389$ 11,959$ 12,557$ TBD Product Manager 9,910$ 10,405$ 10,926$ 11,472$ 12,045$ 8103 Recreation Supervisor 7,694$ 8,079$ 8,483$ 8,907$ 9,352$ 2206 Senior Civil Engineer (SRSD)10,639$ 11,171$ 11,729$ 12,316$ 12,932$ 7317 Senior Code Enforcement Supervisor 8,337$ 8,753$ 9,191$ 9,651$ 10,133$ 2105 Senior Management Analyst 8,789$ 9,229$ 9,690$ 10,175$ 10,683$ 2203 Senior Project Manager 9,171$ 9,629$ 10,111$ 10,616$ 11,147$ 8102 Senior Recreation Supervisor 8,492$ 8,917$ 9,363$ 9,831$ 10,322$ 7310 Sewer Maintenance Superintendent 9,000$ 9,450$ 9,923$ 10,419$ 10,940$ 7311 Street Maintenance Superintendent 9,000$ 9,450$ 9,923$ 10,419$ 10,940$ 2150 Sustainability Program Manager 7,408$ 7,778$ 8,167$ 8,576$ 9,005$ SAN RAFAEL UNREPRESENTED MID-MANAGEMENT SALARY SCHEDULE Effective July 1, 2021 Exhibit A Grade Position A B C D E 7315 Accounting Manager 9,692$ 10,177$ 10,685$ 11,220$ 11,781$ 2400 Assistant Library and Recreation Director 10,971$ 11,519$ 12,095$ 12,700$ 13,335$ 2202 Assistant Public Works Director / City Engineer 12,450$ 13,073$ 13,726$ 14,413$ 15,133$ 2302 Chief Building Official 11,570$ 12,149$ 12,756$ 13,394$ 14,064$ 4203 Civic Design Manager 10,068$ 10,572$ 11,100$ 11,655$ 12,238$ 2122 Code Enforcement Supervisor 7,674$ 8,057$ 8,460$ 8,883$ 9,327$ 4204 Data & Infrastructure Manager 11,149$ 11,707$ 12,292$ 12,907$ 13,552$ 1105 Deputy City Attorney I 10,485$ 11,010$ 11,560$ 12,138$ 12,745$ 1109 Deputy City Attorney II 11,561$ 12,139$ 12,746$ 13,383$ 14,052$ 2120 Deputy Fire Marshall 9,848$ 10,340$ 10,857$ 11,400$ 11,970$ 2135 Deputy Public Works Director 11,311$ 11,877$ 12,470$ 13,094$ 13,749$ 7313 Economic Development Coordinator 9,502$ 9,977$ 10,476$ 11,000$ 11,550$ 2128 Economic Development Manager 10,448$ 10,971$ 11,519$ 12,095$ 12,700$ 7117 Emergency Services Manager 9,271$ 9,734$ 10,221$ 10,732$ 11,269$ 2107 Human Resources Operations Manager 9,403$ 9,873$ 10,366$ 10,885$ 11,429$ 2208 Operations and Maintenance Manager 10,251$ 10,763$ 11,301$ 11,867$ 12,460$ 2208 Operations and Maintenance Manager (SRSD) 10,251$ 10,763$ 11,301$ 11,867$ 12,460$ 2703 Parking Services Manager 9,502$ 9,977$ 10,476$ 11,000$ 11,550$ 7312 Parks Superintendent 9,360$ 9,829$ 10,320$ 10,836$ 11,378$ 2116 Planning Manager 10,743$ 11,281$ 11,845$ 12,437$ 13,059$ TBD Product Manager 10,068$ 10,572$ 11,100$ 11,655$ 12,238$ 8103 Recreation Supervisor 7,964$ 8,362$ 8,780$ 9,219$ 9,680$ 2206 Senior Civil Engineer (SRSD)11,011$ 11,562$ 12,140$ 12,747$ 13,384$ 7317 Senior Code Enforcement Supervisor 8,470$ 8,893$ 9,338$ 9,805$ 10,295$ 2105 Senior Management Analyst 9,141$ 9,598$ 10,078$ 10,582$ 11,111$ 2203 Senior Project Manager 9,446$ 9,918$ 10,414$ 10,935$ 11,481$ 8102 Senior Recreation Supervisor 8,790$ 9,229$ 9,690$ 10,175$ 10,684$ 7310 Sewer Maintenance Superintendent 9,360$ 9,829$ 10,320$ 10,836$ 11,378$ 7311 Street Maintenance Superintendent 9,360$ 9,829$ 10,320$ 10,836$ 11,378$ 2150 Sustainability Program Manager 7,704$ 8,090$ 8,494$ 8,919$ 9,365$ SAN RAFAEL UNREPRESENTED MID-MANAGEMENT SALARY SCHEDULE Effective July 1, 2022 Exhibit A Grade Position A B C D E 7315 Accounting Manager 10,080$ 10,584$ 11,113$ 11,668$ 12,252$ 2400 Assistant Library and Recreation Director 11,355$ 11,923$ 12,519$ 13,145$ 13,802$ 2202 Assistant Public Works Director / City Engineer 12,886$ 13,530$ 14,207$ 14,917$ 15,663$ 2302 Chief Building Official 11,975$ 12,574$ 13,202$ 13,863$ 14,556$ 4203 Civic Design Manager 10,229$ 10,741$ 11,278$ 11,842$ 12,434$ 2122 Code Enforcement Supervisor 7,796$ 8,186$ 8,595$ 9,025$ 9,477$ 4204 Data & Infrastructure Manager 11,328$ 11,894$ 12,489$ 13,113$ 13,769$ 1105 Deputy City Attorney I 10,852$ 11,395$ 11,965$ 12,563$ 13,191$ 1109 Deputy City Attorney II 11,965$ 12,564$ 13,192$ 13,852$ 14,544$ 2120 Deputy Fire Marshall 10,193$ 10,702$ 11,237$ 11,799$ 12,389$ 2135 Deputy Public Works Director 11,707$ 12,292$ 12,907$ 13,552$ 14,230$ 7313 Economic Development Coordinator 9,834$ 10,326$ 10,842$ 11,385$ 11,954$ 2128 Economic Development Manager 10,814$ 11,355$ 11,923$ 12,519$ 13,145$ 7117 Emergency Services Manager 9,595$ 10,075$ 10,579$ 11,108$ 11,663$ 2107 Human Resources Operations Manager 9,779$ 10,268$ 10,781$ 11,320$ 11,886$ 2208 Operations and Maintenance Manager 10,661$ 11,194$ 11,754$ 12,341$ 12,958$ 2208 Operations and Maintenance Manager (SRSD) 10,661$ 11,194$ 11,754$ 12,341$ 12,958$ 2703 Parking Services Manager 9,834$ 10,326$ 10,842$ 11,385$ 11,954$ 7312 Parks Superintendent 9,735$ 10,222$ 10,733$ 11,269$ 11,833$ 2116 Planning Manager 11,173$ 11,732$ 12,318$ 12,934$ 13,581$ TBD Product Manager 10,229$ 10,741$ 11,278$ 11,842$ 12,434$ 8103 Recreation Supervisor 8,242$ 8,654$ 9,087$ 9,541$ 10,019$ 2206 Senior Civil Engineer (SRSD)11,397$ 11,966$ 12,565$ 13,193$ 13,853$ 7317 Senior Code Enforcement Supervisor 8,605$ 9,036$ 9,487$ 9,962$ 10,460$ 2105 Senior Management Analyst 9,507$ 9,982$ 10,481$ 11,005$ 11,555$ 2203 Senior Project Manager 9,729$ 10,216$ 10,726$ 11,263$ 11,826$ 8102 Senior Recreation Supervisor 9,097$ 9,552$ 10,030$ 10,531$ 11,058$ 7310 Sewer Maintenance Superintendent 9,735$ 10,222$ 10,733$ 11,269$ 11,833$ 7311 Street Maintenance Superintendent 9,735$ 10,222$ 10,733$ 11,269$ 11,833$ 2150 Sustainability Program Manager 8,013$ 8,413$ 8,834$ 9,275$ 9,739$ SAN RAFAEL UNREPRESENTED MID-MANAGEMENT SALARY SCHEDULE Effective July 1, 2023 Exhibit A Exhibit B Management Position Benchmark Job Classes for Mid-Management Positions Community Services Director Library Director Public Works Director MID-MANAGEMENT SALARY RESOLUTION EXHIBIT "C" Page 1 of 2 FURLOUGH PROGRAM Both the City of San Rafael and the Mid-Management Group employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and these employees have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Voluntary Time Off (VTO). The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager). The City will attempt to schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement Association changes it policy on this the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than 07/30/11 of their retirement date and retires from the Marin County Retirement System during FY 11-12 shall be exempted from the MTO requirements. If said employee did not retire during FY 11-12 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees. 3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit. MID-MANAGEMENT SALARY RESOLUTION EXHIBIT "C" Page 2 of 2 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time. b. Float Time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period. c. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re-open discussions on this Furlough Program. d. The City agrees that it will attempt to distribute the dollar value of any MTO time implemented equally over the remaining number of pay periods in the fiscal year. ____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: _______________________ Disposition: ___________________________ Agenda Item No: 8.h Meeting Date: July 19, 2021 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Sylvia Gonzalez-Shelton, Human Resources Operations Manager City Manager Approval: TOPIC: APPROVAL OF THE NEW SALARY RESOLUTION THAT AUTHORIZES COMPENSATION FOR ELECTED CITY CLERK AND PART-TIME CITY ATTORNEY SUBJECT: RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART-TIME CITY ATTORNEY (JULY 1, 2021 THROUGH JUNE 30, 2024) AND FY 20-21 FURLOUGH REPAYMENT RECOMMENDATION: Adopt Resolution BACKGROUND: The elected City Clerk and elected part-time City Attorney salary resolution expired on June 30, 2020 and was extended by side letter through June 30, 2021. In keeping with the equity adjustment approach for Unrepresented Mid-Management and Executive Management employees, salary increases for these positions depend on the extent to which each position is behind the labor market average. The recommended increases for the elected City Clerk and elected part-time City Attorney are in line with what has been proposed for approval by the City Council for non-safety bargaining groups for the same three-year period. ANALYSIS: The following reflects highlights of the recommended salary resolution and is consistent with the economic guidelines authorized by the City Council. The attached resolution includes all of the recommended changes. 1. Term of the Resolution: July 1, 2021 through June 30, 2024 2. Salary Increase: Individual salary increase percentages for the elected City Clerk and elected part-time City Attorney are based on how far behind each position is in comparison to the labor market average. Positions that over the labor market are eligible for a 1.6% base wage increase. Positions 10% or less behind the labor market average are eligible for a 3.5% base wage increase. Positions that are more than 10% behind the labor market average are eligible for a 4% base wage increase. The salary schedule included in the attached resolution authorizes the proposed new salary for each position. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 3. Prior year resolution extension – restoration of 3% base wage: In FY 20/21, all employees (except WCE, Local 1, Mid-Management, Executive Management and elected City Clerk and elected part-time City Attorney) received a minimum 3% base wage increase with the 1-year contract extension implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of employees who did not receive this same base wage increase. However, the City is now in a financial position to “restore” a 3% base wage increase to these groups. The 3% base wage will apply to the Elected City Clerk and Elected Part-Time City Attorney and is reflected in the attached salary schedule effective July 1, 2021. FY 20/21 Furlough Repayment In response to the global COVID-19 pandemic that began in the spring of 2020, the City of San Rafael declared a local state of emergency. In anticipation of dire financial circumstances, the City exercised its management rights under the salary resolution and implemented a Citywide furlough for all non- safety positions. Based on the best financial projections available at the time, it was necessary and prudent to implement the furlough in order to avoid potential workforce reductions in the future. Year-end review of the FY 20/21 budget shows that the City’s projected revenue losses anticipated du e to the pandemic fortunately did not materialize as expected and the City is projecting a financial surplus for fiscal year 20/21. As a result, the City is in a financial position at this time to issue repayments to employees who were furloughed over the last year. The circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20/21 is non-precedential. The City will issue a one-time re-payment equal to the actual furlough reduction amount taken by the City Clerk and part-time City Attorney for FY 20/21. The City has already made MCERA pension contributions on each employee’s regular (non-furloughed) payroll amount each pay period during FY 20/21, therefore the City will not make any additional contributions to Classic or PEPRA employees’ pensions and the repayment amount is subject to normal payroll taxation. The total amount of the furlough repayment for the elected City Clerk and elected part-time City Attorney is $12,600. FISCAL IMPACT: The current total annual salary and benefit cost to the City for the elected City Clerk and elected part- time City Attorney is $426,892. The additional ongoing incremental cost of the recommended salary resolution beyond the FY 20/21 budget is: Incremental Incremental Incremental FY 2021-22 FY 2022-23 FY 2023-24 Wages: Base Salary $ 9,875 $10,270 $10,680 Other costs: Pension* $ 5,326 $ 5,539 $ 5,760 Taxes (Medicare, W/C) $ 284 $ 282 $ 293 Total Incremental Cost: $15,485 $16,091 $16,733 *This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension be nefit plan remain unchanged. While the incremental cost is $15,485 for fiscal year 2021-2022, $16,091 for fiscal year 2022-2023, and $16,733 for fiscal year 2023-2024, the increases are compounding and therefore the projected cumulative wages and other costs total $95,370, plus $12,600 in one-time costs for the furlough SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 repayment, totaling $107,970 for the three-year term. The incremental cost for fiscal year 21-22 includes the prior year (fiscal year 20/21) restoration of a 3% base wage increase. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund. OPTIONS: The City Council has the following options to consider in this matter: • Accept staff’s recommendation to adopt the resolution. • Adopt resolution with modifications. • Direct staff to return with more information. • Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2021 through June 30, 2024). which includes repayment of the FY 20-21 furlough. ATTACHMENTS: 1. Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2021 through June 30, 2024) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART TIME CITY ATTORNEY (JULY 1, 2021 THROUGH JUNE 30, 2024) WHEREAS, the Salary Resolution establishing the terms of compensation for the elected City Clerk and City Attorney expired on June 30, 2021; and WHEREAS, the elected City Clerk and City Attorney were subject to a 5% furlough reduction for Fiscal Year 2020-21; and WHEREAS, year-end review of the FY 20-21 budget shows that the City’s projected revenue losses anticipated due to the pandemic did not materialize as expected and the City is in a financial position to issue repayment of the furlough reduction; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20-21 is non- precedential; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael hereby approve the following compensation and working conditions for the Elected City Clerk and Elected Part- Time City Attorney and repayment of the furlough reduction taken for FY 20-21. 1. SALARY a) Salary Increase Prior year contract extension – restoration of 3% base wage: In FY 20/21, all employees (except WCE, Local 1, Mid-Management, Executive Management and Elected City Clerk and Elected Part- Time City Attorney) received a minimum 3% base wage increase with the 1-year contract extension implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of employees who did not receive this same base wage increase. However, the City is now in a financial position to “restore” a 3% base wage increase to these groups. The 3% base wage will apply to the Elected City Clerk and Elected Part-Time City Attorney and is reflected in the salary schedule listed below. Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The proposed new salary for each position is as follows: Year 1: Step A B C D E City Clerk 9,326$ 9,792$ 10,282$ 10,796$ 11,335$ City Attorney N/A N/A N/A N/A 11,755$ Year 2: Step A B C D E City Clerk 9,699$ 10,184$ 10,693$ 11,227$ 11,789$ City Attorney N/A N/A N/A N/A 12,226$ 2 Year 3: Step A B C D E City Clerk 10,087$ 10,591$ 11,121$ 11,677$ 12,260$ City Attorney N/A N/A N/A N/A 12,715$ b) Car Allowance An incumbent who holds the City Clerk’s office is eligible to receive a monthly car allowance of $350. 2. INSURANCE a) Health Insurance: Effective January 1, 2009, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan, including the City Clerk and City Attorney, shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan. The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be: For employee only: $ 673.42 For employee and one dependent: $1,346.82 For employee and two or more dependents: $1,750.88 Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income. Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a monthly Opt -Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions: 1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. 3 The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance. Miscellaneous Allowance for Employees hired on or before January 1, 2009: The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan. b) Health Insurance for Retirees i) Elected or Appointed officials placed into office prior to April 1, 2007 and who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael elected position of City Clerk or City Attorney (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program and receive the PEMHCA minimum contribution as determined by CalPERS on an annual basis. Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of an active City Attorney or City Clerk. The City‘s longevity contribution shall remain in effect during the lifetime of the retired City Attorney and City Clerk and their spouse/registered domestic partner or surviving spouse/registered domestic partner. As described in this subsection, the City shall reimburse retired elected or appointed officials and their spouses or registered domestic partners the Medicare Part B standard premium amount, as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from s ocial security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired elected or appointed official’s life and that of the retired elected or appointed official’s spouse/registered domestic partner or surviving spouse/registered domestic partner. ii) Elected or Appointed officials placed into office on or after April 1, 2007 and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael elected position of City Clerk or City Attorney (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity contribution shall cease upon the retired City Attorney or City Clerk’s death. 4 iii) Elected or Appointed officials placed into office on or after January 1, 2009 Elected or Appointed officials placed into office on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. c) Life Insurance. The City shall provide a basic group life insurance plan in the amount of $250,000 at no cost to the employee. d) Disability Insurance. The City shall provide long term disability (LTD) insurance, at no cost to the City Clerk/City Attorney, with a benefit of two-thirds (2/3) of their respective monthly salaries, up to a maximum benefit of $7500 (reduced by any deductible benefits). e) Dental Insurance. The City shall make available to all employees an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the City Clerk/City Attorney and eligible dependents. f) Vision Plan. The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits. g) Gym Reimbursement. The City Clerk and City Attorney are eligible to receive up to $16.50 per month reimbursement for paid gym memberships. Such reimbursement shall be reported as taxable income to the employee. 3) RETIREMENT a) Retirement Plan. The City shall provide the Marin County Employee Retirement Association 2.7% @ 55 retirement program to the City Clerk and City Attorney, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation. Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their three highest years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55. Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee. b) Employer Paid Member Contribution (EPMC). The City Clerk and City Attorney are responsible for the full cost of their own employee contribution rate as established by MCERA. Effective September 1, 2013, in accordance with MCERA and City administrative requirements, the City Attorney and City Clerk will pay an additional contribution of one percent (1%) of 5 pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA. The only employees excluded from this payment are long - term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System. c) COLA. Participating members in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act). d) Management Allowance. As of September 16, 2015, the Management Allowance of 4.59% was rolled into base pay for the City Clerk and City Attorney. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City the 19th day of July 2021 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: SA 1.a Meeting Date: July 19, 2021 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AGENDA REPORT Department: Finance Department Prepared by: Nadine Atieh Hade, Finance Director City Manager Approval: ________ TOPIC: SUCCESSOR AGENCY QUARTERLY INVESTMENT REPORT SUBJECT: ACCEPTANCE OF SUCCESSOR AGENCY QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 30, 2021 RECOMMENDATION: Accept investment report for the quarter ending June 30, 2021, as presented. BACKGROUND: Pursuant to the State of California Government Code Section 53601 and the City’s investment policy, last approved by the City Council on June 7, 2021, staff provides the governing body a quarterly report on the Successor Agency's investment activities and liquidity. ANALYSIS: The Successor Agency checking account had a balance of $0 at quarter-end. Funds were drawn during the quarter to reimburse the City for the administration of the activities of the Agency, as well as for approved agency commitments. FISCAL IMPACT: No financial impact occurs by adopting the report. RECOMENDATION: Accept investment report for the quarter ending June 30, 2021, as presented. ATTACHMENT: 1. Successor Agency Cash & Investment Report April through June 2021. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 TREASURER’S CERTIFICATION I CERTIFY THAT ALL INVESTMENTS MADE ARE IN CONFORMANCE WITH SUCCESSOR AGENCY’S APPROVED INVESTMENT POLICY AND STATE INVESTMENT REGULATIONS. THE SUCCESSOR AGENCY HAS SUFFICIENT LIQUIDITY TO MEET ALL OF THE OBLIGATIONS REQUIRED DURING THE NEXT SIX-MONTH PERIOD, SUBJECT TO OVERSIGHT BOARD APPROVAL OF OBLIGATIONS AND THE SUBSQUENT TIMELY COUNTY DISBURSEMENT OF FUNDS. Nadine Atieh Hade Finance Director SUCCESSOR AGENCY TO SAN RAFAEL REDEVELOPMENT AGENCY CASH and INVESTMENTS QUARTER ENDED 6/30/2021 PURCHASE MATURITY YIELD PURCHASE PAR MARKET Days to % OF AS ISSUER TYPE DATE DATE PRICE VALUE VALUE Maturity TOTAL OF CASH ACCOUNTS: WESTAMERICA DD N/A N/A 123,992.83$ 123,992.83$ 39,674.25$ 1 100.00% 4/30/2021 WESTAMERICA DD N/A N/A 39,674.25$ 39,674.25$ 39,674.25$ 1 100.00% 5/31/2021 WESTAMERICA DD N/A N/A -$ -$ -$ 1 100.00% 6/30/2021 TOTAL INVESTMENTS -$ -$ -$ TOTAL CASH & INVESTMENTS - QUARTER-END BALANCE -$ -$ -$ 100.00% % Portfolio held 1 year or less 100% TYPE: DD - Demand Deposit T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\2021-07-19\FIN - SA Quarterly Investment Report\SA Investment Worksheet 4905-1168-9087 v3 27. Staff Report regarding Request for a Time Extension Community Development Department – Planning Division Meeting Date: June 28, 2022 Agenda Item: 2 Case Numbers: PLAN22-086 Project Planner: Renee Nickenig renee.nickenig@cityofsanrafael.org REPORT TO PLANNING COMMISSION SUBJECT: 350 Merrydale/3833 Redwood Hwy, (Merrydale Townhomes) – Request for a time extension for the Merrydale Townhomes entitlements; APN: 179-041-27, 179-041-28; Planned Development District (PD1979); Michael Hooper (Campus Properties), Applicant; STORAGE EQUITES INC, Owner; Case Number(s): ED18-100; TS18-006; UP18-039 EXECUTIVE SUMMARY The applicant has requested a two-year time extension for the project entitlements originally set to expire December 10, 2022. Staff is recommending a limited time extension for the applicant to submit for permits by December 30, 2023, and for permits to be issued by June 30, 2024. The related Conditions of Approval will be modified in the following way: The Use Permit and Environmental and Design Review Permit would be extended for a period of 18 months so long as grading permits and/or building permits are obtained and diligently pursued as follows:  application for grading and/or building permits(s) and associated construction documents shall be submitted by December 30, 2023;  a grading permit and/or building permits(s) shall be obtained and grading/construction diligently commenced and pursued for all 9 buildings (45 units) by June 30, 2024;  the project shall be diligently pursued and completed within 2 years of commencing. The Tentative Subdivision Map would be valid until June 30, 2024. RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt a resolution to modify the conditions of approval for ED18-100, TS18-006, and UP18-039 to expire if permits are not issued and diligently pursued by June 30, 2024 as noted in the modified Conditions of Approval. PROPERTY FACTS Address/Location: 350 Merrydale/ 3833 Redwood Hwy Parcel Number(s): 179-041-27; 179-041-28 REPORT TO PLANNING COMMISSION - Case No: PLAN22-086 Page 2 BACKGROUND On February 3, 2020 the City Council adopted Resolution No. 14763 conditionally approving an Environmental and Design Review Permit (ED18-100), Tentative Subdivision Map (TS18-006), Use Permit (UP18-039), and Subdivision Exception (EX19-012) to allow the demolition of existing one-story buildings and construction of nine (9) three-story residential buildings with a total of 45 for sale multi-family residential units (including 9 below-market-rate [BMR] units), 94 parking spaces with new landscaping and Creekside enhancements on an existing 2.28-acre parcel located at 350 Merrydale Rd/3833 Redwood Hwy (Merrydale Townhomes). The resolution included the following conditions of approval regarding the validity of the entitlements: ED18-100 Condition of Approval No. 14 - This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced, or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. TS18-006 Condition of Approval No. 2 - The Tentative Subdivision Map (TS18-006) shall be valid for a period of three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void unless a Final Map has been recorded or a time extension is granted. UP18-039 Condition of Approval No. 2(c) - This Master Use Permit (UP18-039) shall be valid for three (3) years from the date of City Council approval, or until December 10, 2022 and shall become null and void if: 1) a building permits(s) have not been obtained and construction diligently commenced and pursued for all 9 buildings (45 units); 2) construction has not commenced on both Phase Two and Phase Three; 3) the project has not substantially progressed in constructions of Phase Two and Three; or 4) a time extension request has not been received before December 10, 2022. The time extension application (including project plans) must be submitted to the Planning Department with all associated fees. The time extension is subject to a public hearing and review and approval by the Planning Commission. On March 1, 2021, the City Council adopted Ordinance No. 1990 amending the affordable housing ordinance and adopted Resolution 14890 establishing Guidelines for the Administration of the affordable Housing Requirement Program. The City Council action was aimed at encouraging housing development and streamlining development approvals. On July 19, 2021, the applicant received approval for modification of the affordable housing obligation for this project, to align with the City Council newly adopted Guidelines for the two (2) on-site units and pay in-lieu fees equal to 2.5 units. The modification did not approve a time extension of the original approval. PROJECT DESCRIPTION & ANALYSIS The applicant is requesting a two-year time extension for the project entitlements (ED18-100, TS18-006, and UP18-039). If approved, the entitlements set to expire December 10, 2022 would expire December 10, 2024. The applicant has cited the following obstacles that have delayed the project: 1) Financial impediment due to the affordable housing requirement prior to 2021 resulted in a delay to project implementation. The change in the City’s affordable housing requirements make this project more feasible, however, that did not get applied to this project until summer 2021. 2) Difficulty in procuring “Will Serve” letter from Las Gallinas Valley Sanitation District for allocation of sewer capacity. REPORT TO PLANNING COMMISSION - Case No: PLAN22-086 Page 3 3) Lengthy process to obtain a Pipeline Extension Agreement from Marin Municipal Water District. Condition of Approval No.2(c) of UP18-039 currently requires that the 350 Merrydale project be vested by December 10, 2022. It also stipulates that time extension requests are subject to a public hearing and review and approval by the Planning Commission. The review authority for ED18-100, and TS18-006, is not stipulated in the conditions of approval. However, the authority to extend is typically the Community Development Director (for Design Reviews) or the Planning Commission (for Tentative Subdivision Maps). It is typical to bundle all applications for consideration by the same review body in accordance with San Rafael Municipal Code Section 14.23.040. As such, the requested extension for all three entitlements are being referred to the Planning Commission for consideration. As mentioned in the background section, the City Council adopted an ordinance amendment and associate resolution, reducing the affordable housing obligation for residential developments in order to encourage production of housing development projects. This reduction extended to projects that were already entitled but were needing extra relief from the cost of incorporated the number of units that were previously required as part of a prior approval. An approval of the reduction of affordable housing units is not intended to be indefinite as the ultimate goal is getting the units built within a reasonable time frame. It is unclear whether the City Council will continue with this change in the affordable housing requirement. While staff supports an extension of time, staff is recommending a lesser time extension as follows: • That a permit application with supporting construction drawings be submitted no later than December 30, 2023. • That the vesting deadline for the project be extended to June 30, 2024. • That the Final Map be recorded by June 30, 2024. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site, and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing. Public notice was also posted on the subject site 15 calendar days prior to the date of all meetings, including this hearing. OPTIONS The Planning Commission has the following options: 1. Approve the time extensions as recommended by staff. 2. Approve the time extension as presented by the applicant. 3. Deny the time extension. EXHIBITS 1. Draft Resolution 2. City Council Resolution No. 14763 3. City Council Resolution No. 14947 RESOLUTION NO. 10- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A TIME EXTENSTION FOR MERRYDALE TOWNHOMES ENTITLEMENTS ED18-100, UP18-039, AND TS18-006 LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY APN: 179-041-27; 179-041-28 WHEREAS, on February 3, 2020 the City Council adopted resolution 14763 approving Environmental and Design Review (ED18-100), Use Permit (UP18-039), and Tentative Subdivision Map (TS18-006) for a 45-unit residential condominium project at 350 Merrydale/3833 Redwood Hwy. Said project included nine (9) below market rate units; and WHEREAS, on March 1, 2021, the City Council adopted Ordinance No. 1990 amending the affordable housing ordinance and adopted Resolution 14890 establishing Guidelines for the Administration of the Affordable Housing Requirement Program. The City Council action was aimed at encouraging housing development and streamlining development approvals; and WHEREAS, on July 19, 2021, the City Council approved a modification of the affordable housing obligation for this project, to align with the City Council newly adopted Guidelines for the Administration of the affordable Housing Requirement Program. As a result, the applicant is now required to provide two (2) onsite below market rate units and pay in-lieu fees equal to 2.5 units; and WHEREAS, on May 18, 2022 Michael Hooper (Campus Properties LLC) submitted a request for a time extension for the approved entitlements (ED18-100, UP18-039, and TS18-006) inclusive of the reduction in the affordable housing obligation; and WHEREAS, upon review of the application, the project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, on June 28, 2022 the San Rafael Planning Commission held a duly noticed public hearing on the proposed time extension, accepting all oral and written public testimony and the written report of the Community Development Department staff. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the requested time extensions for ED18-100, UP18-039, and TS18-006: Findings (PLAN22-086) 1. The application for extension of time was submitted prior to the expiration of the project entitlements. 2. Findings for approval of the project remain valid. - 2 - 3. There have been no substantial changes in the factual circumstances surrounding the original approvals that would cause denial of the extension 4. The extension would result in changes to Conditions of Approval set forth in Exhibit A under City Council Resolution No. 14763 (February 3, 2020) to allow an extension of time for vesting the following entitlements: Environmental and Design Review (ED18-100), Tentative Subdivision Map (TS18-006), Use Permit (UP18-039). 5. No other Conditions of Approval for ED18-100, TS18-006, or UP18-039 will be modified. Conditions of Approval (PLAN22-086) 1. Exhibit A of City Council Resolution No. 14763 is incorporated herein, as amended. 2. All other Conditions of Approval for ED19-100, TS18-006, and UP18-039 contained in Exhibit A shall apply. 3. No additional time extensions will be granted for ED18-100, TS18-006, or UP18-039. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 28th day of June, 2022. Moved by Commissioner _____________ and seconded by Commissioner ________________. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Alicia Giudice, Secretary Chair ATTACHMENT: 1. Exhibit A of City Council Resolution No. 14947, as amended - 3 - EXHIBIT A MODIFIED CONDITIONS OF APPROVAL 350 MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) ENVIRONMENTAL AND DESIGN REVIEW (ED18-100), USE PERMIT (UP18-039) AND TENTATIVE MAP (TS18-006) (APN’S: 179-041-27 AND 179-041-28) Environmental and Design Review Permit Conditions of Approval (ED18-100) General Project Conditions Community Development Department - Planning Division 1) The proposed 45-unit townhome development shall be installed and designed in substantial conformance with the proposed site plan and elevations and landscape plan as presented for approval on plans prepared by WHA Architects, date stamped Approved, December 10, 2019, and shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision- making body. 2) Approved colors for the main body, trim and accent colors are as shown on the approved Color and Material Board: a) Sherman Williams Paint for Body Colors- High Reflective White (SW 7757), Gossamer Veil (SW 9165), Tin Lizzie (SW9163), Jute Brown (SW 6096); b) Trim Color -Thunder Gray (SW 7645); c) Accent Colors-Deep Sea Dive (SW 7618), Rookwood Terra Cotta (SW2803), and Raisin (SW7630); and d) Manufactured Stone (Timberwolf). Any future modification to colors shall be subject to review and approval by the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the Design Review Board. 3) Applicant shall remit payment of the State Fish and Game fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project approval. The current fee amounts are $2,354.74 (current fee as of 2018) payable to the State Fish and Game and $50.00 payable to the Marin County Clerk and are subject to increase on January 1st of each year. 4) Applicant and property owner shall be responsible for implementing all mitigation measures presented in the Project’s Mitigated Negative Declaration, on file with the Community Development Department, including any mitigation measures that may not have been incorporated into the Project conditions of approval. A deposit for Mitigation Monitoring shall be paid as required by ED18-100 project Conditions of Approval #31, herein. 5) The project shall comply with all mitigation measures as identified in the IS/MND Mitigation Measure Monitoring and Program, dated November 8, 2019. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP) as recommend for - 4 - adopted by separate Resolution and included as conditions of approval. The IS/MND determined that the proposed project would result in potentially significant impacts in Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation and Tribal Resources. The IS/MND identifies Mitigation Measures that, when implemented, would reduce the impacts identified to a less-than-significant level. These mitigation measures are also identified as conditions of approval in the relevant sections herein and detailed in the IS/MND Mitigation Monitoring and Reporting Program (Exhibit 2-Attachment A). 6) Property owner and applicant agree to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the certification of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 7) In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the Property owner and applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event applicant/property owner is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where Property owner and applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 8) As a condition of this application, applicant/property owner agree to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, process and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing of same by the City. 9) All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 10) The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. - 5 - 11) All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 12) Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 13) All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the Project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 14) This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the Project site, subject to these conditions, provided that a building/grading permit is issued, and construction commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within three (3) years of the City Council approval, or on December 10, 2022. Failure to obtain a building permit and grading permit and construction or grading activities commenced, or failure to obtain a time extension within the three-year period will result in the expiration of this Environmental and Design Review Permit. This Environmental and Design Review Permit shall be extended for a period of 18 months so long as grading permits and/or building permits are obtained and diligently pursued as follows:  application for grading and/or building permits(s) and associated construction documents shall be submitted by December 30, 2023;  a grading permit and/or building permits(s) shall be obtained and grading/construction diligently commenced and pursued for all 9 buildings (45 units) by June 30, 2024;  the project shall be diligently pursued and completed within 2 years of commencing. 15) Phasing of the project is allowed, subject to the terms and conditions of approval of the Master Use Permit (UP18-039) below. 16) This Environmental and Design Review Permit (ED18-100) approving the Project shall run concurrently with the approved Master Use Permit (UP18-039). If either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted on Project plans, shall also expire and become invalid. Prior to the Issuance of a Demo/Building/Grading Permit Community Development Department - Planning Division 17) A copy of the Conditions of Approval for ED18-100 shall be included as a plan sheet with the building permit plan submittal. - 6 - 18) As offered by the applicant, the project shall:1) install pre-wiring for “Level 2” electric vehicle chargers in each garage; and 2) install pre-wiring for solar panels on all buildings/units. Compliance with this condition shall be demonstrated on the building permit plans and installed prior to occupancy. 19) The project proponent shall demonstrate and notate on the building permit plans that Air Quality measures III (a), III (b) and III(c) (AQ-1, AQ1a and AQ-2) to eliminate dust control and exhaust during construction, set standards for diesel equipment over 25 horsepower to meet U.S. particle emission standards, and requires that the project include high-efficiency particulate filtration systems in residential ventilation systems will be completed during construction. 20) (GEO-1): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 4 of the May 8, 2018 ENGEO report. 21) (GEO-2): Prior to a grading or building permit submittal, the project sponsor shall prepare a design-level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer for review and approval. In order to reduce the effects of the potentially expansive soils and/or liquefaction settlement, foundations should be designed to withstand minimum differential movements. Foundation design recommendations are presented in Section 4 of the May 8, 2018 ENGEO report. 22) (GEO-3): Prior to a grading or building permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer of Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department (DPW) Grading and Construction Erosion and Sediment Control Plan Permit Application Package and the Regional Water Quality Control Board standards. 23) (GEO-4): Soils shall be moisture conditioned to above the optimum moisture content during site grading and maintained at this moisture content until imported aggregate base and/or surface flatwork is completed. 24) (TRANS-1): demonstrate on building permit or improvement plans the design of the pedestrian sidewalk, subject to the availability of right-of-way and the feasibility of the drainage design, on the west side of Redwood Road directly adjacent to the project driveway connecting to the existing sidewalk. 25) (HYDRO-1): Prior to issuing a grading or building permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Erosion and Sediment Control Plan (ESCP) in accordance with the requirements of the statewide Construction General Permit and the City of San Rafael Department of Public Works. The SWPPP shall be prepared by a - 7 - Qualified SWPPP Developer (QSD). The SWPPP shall include the minimum Best Management Practices (BMPs) required for the identified risk level. The SWPPP shall be designed to address the following objectives: a) All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity are controlled; b) Where not otherwise required to be under a Regional Water Quality Control Board permit, all non‐stormwater discharges are identified and either eliminated, controlled, or treated; c) Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non‐stormwater discharges from construction activity. The erosion and sediment control plan shall include the rationale used for selecting BMPs including supporting soil loss calculations, as necessary; d) Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. e) BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook‐Construction or the Caltrans Stormwater Quality Handbook Construction Site BMPs Manual. 26) The applicant shall provide information on the building permit plans to show compliance with noise Mitigation Measures recommended on Page 74 of the Illingworth and Rodkin Noise Assessment regarding required forced-air ventilation and STC rated windows on all buildings. Minimum STC Ratings required to reduce noise levels are listed in Table 5 on Page 22 of the Nosie Report. 27) (BIO-1): Pre-construction nesting bird and bat survey. The nesting season is defined here a as being from February 1 to August 31 and therefore work should commence between September 1 and January 31. i) If this is not possible, and project activities are initiated during the nesting season, then a nesting bird survey shall be conducted by a qualified wildlife biologist no more than 14 days prior to the start of project activities. ii) If nests are identified, a no-disturbance buffer should be implemented to avoid impacts to nesting birds and should remain in place until all young are fledged or the nest otherwise becomes inactive. iii) Buffers typically range from 25 feet to 500 feet depending on the species. iv) If work is to be initiated within the bat breeding/ winter roosting season, an assessment of existing buildings should be performed prior to construction activities to determine if a roost is present. v) If a roost is observed, construction activities should be postponed until a qualified biologist determines the bats are excluded from the roost location. 28) (HAZ-1): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a hazardous building materials survey for all structures proposed for demolition or renovation as part of the project. All lead-based paint and asbestos- containing materials (ACM) shall be abated by a certified contractor in accordance with local, state, and federal requirements. All hazardous materials shall be removed from buildings prior to demolition in accordance with California Division of Occupational Safety and Health (DOSH) and California Department of Toxic Substances Control (DTSC) regulations. A - 8 - completion of abatement activities report shall be prepared by a qualified professional and submitted to the City prior to permit approval. 29) (HAZ-2): Prior to submittal for a demolition permit, the project sponsor shall use a qualified and licensed professional to prepare a Soil Management Plan to develop protocols and procedures for handling potentially impacted soils or underground structure/equipment that may be encountered during grading operations and other construction activities as part of the project. If impacted soils or underground structure/equipment are encountered during construction activities, all construction shall stop, and a qualified and licensed professional shall be contacted to conduct a site visit to make observations and prepare recommendations for proper handling of soils and/or structures/equipment. 30) Bicycle parking shall be provided in compliance with San Rafael Municipal Code Section 14.18.090. This requires bicycle spaces provided on site at a minimum of 5% of total vehicle parking, including a minimum of one two bike capacity rack for short term bicycle parking. Final plans shall include a design detail for proposed bicycle parking spaces, proposed number and location subject to final review and approval by the Community Development Department and Traffic Engineer. 31) The proposed project will be required to provide bicycle improvements along Merrydale Rd. in keeping with the 2018 adopted update of the San Rafael Bicycle/Pedestrian Master Plan, which identifies Merrydale Rd. for a Class III Bike Route. The applicant will be required to install the appropriate signage and striping along Merrydale Road (fronting the project site) to signify that the street is a Class III Bike Lane. Specifics of the bike lane striping are subject to final review and approval by the Community Development Department and Traffic Engineer. 32) Property Owner/applicant shall be responsible for all costs associated with mitigation monitoring and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition compliance. Staff shall bill time against this deposit amount during Project review and implementation of the Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures has been achieved. 33) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 34) Any outstanding Planning Division application processing fees shall be paid. 35) A construction logistics plan shall be submitted demonstrating how construction conditions shall be met. The plan must be approved by the Public Works Department and Community Development Director and shall include the conditions of approval and mitigation measures that are applicable to the construction of the Project. 36) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. - 9 - Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. The project is required to provide a primary and secondary affordable housing requirement pursuant to San Rafael Municipal Code Section 14.16.030 and City Council Resolution 14890. The applicant shall comply with this requirement by providing 2 units on-site (5% of the total units) and by paying an in-lieu fee equal to the 2.5 units (2.25 + .25 (fractional unit from the onsite requirement)). Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, The applicant shall: a. Pay the affordable housing in-lieu fee equal to 2.5 units. b. Enter into a Below Market Rate (BMR) agreement. The BMR agreement for the two (2) affordable unit shall be approved by the Community Development Director and City Manager and recorded on the property. Consistent with the affordable housing requirements, the affordable houisng units shall be affordable to low-income households. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. 37) Protective barrier fencing shall be installed during construction to protect existing trees that are to remain on site, as per the approved landscape plan. Plans showing the fencing, signage and barrier details shall be included on Project plans. The fencing shall be a minimum four- foot orange mesh protected by hay bales and signage designed to avoid intrusion by construction workers and equipment. 38) The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide nine (9) of the 45 for-sale units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the nine (9) affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements, five (5) of the units shall be affordable to low-income household and four (4) of the units shall be affordable at the moderate-income level. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City’s consideration of the BMR agreement. Please contact the Marin Housing Authority to commence the agreement process. Should the project not record a final map, the BMR agreement will be modified to a rental agreement and comply with the affordable housing requirements for rental, which would be five (5) units affordable at very-low income level and (4) at low-income level. Public Works Department - Land Development Division General 39) The proposed private roads do not meet the requirements for Right-of-Way/Easement width or paving width per Municipal Code (MC) section 15.06.050. An exception request pursuant