Agenda packet — San Rafael City Council, June 5, 2023 (part 1 of 2)

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 5, 2023
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/cc-2023-06-05 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844-3204-9611#
One Tap Mobile: +16694449171,,84432049611# US
This meeting will be held in-person. The public may attend in-person or participate virtually using Zoom.

This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to [email protected].
• 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 press *9 to raise your hand, and *6 to unmute yourself, then provide verbal public comment.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 5:30 PM
Dial-in: (669) 900-9128, Meeting ID# 849-2802-3443#

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:30 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case
SPECIAL PRESENTATIONS:

3. Special Presentations:
a. Swear-in Ceremony for New City Manager, Cristine Alilovich City Clerk Administer Oath of Office to Cristine Alilovich, City Manager (CC)

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 2 following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

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

4. City Manager and Councilmember Reports:

CONSENT CALENDAR:

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

5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special City Council Meeting of May 8, 2023 and the Regular City Council Meetings of May 1 and May 15, 2023 (CC)
Recommended Action - Approve minutes as submitted
b. Housing Element Zoning Maps - 380 Merrydale Road
Adoption of Ordinance 2028: An Ordinance Amending the Zoning Map of the San Rafael Municipal Code to Change the Zoning for 380 Merrydale Road (APN 179-041-22) from Planned District 1436 (PD 1436) to Office, and the Zoning Classification of 401 Merrydale Road (APN 179-041-05) from Light Industrial-Office to Office (ZC23-003 and ZC23-004) (CC)
Recommended Action – Final adoption of Ordinance 2028
c. Housing Element Zoning Maps – 86 Culloden Park Road
Adoption of Ordinance 2029: An Ordinance Amending the Zoning Map of the San Rafael Municipal Code to Change the Zoning for Two Non-Addressed Parcels Located Immediately North and East of 86 Culloden Park Road from Planned District 1729 (PD 1729) to Low-Density Residential 20,000 Square Foot Lot Minimum (R20) (APN 011-051- 31 and APN 011-115-30) (ZC23-001 and ZC23-002) (CC)
Recommended Action – Final adoption of Ordinance 2029
d. City Council Appointments to Committees
Approve Revised City Council Appointments to Committees 2023 (CC) Recommended Action – Approve Appointments
e. Statement of Economic Interests Annual Filings
Accept Report on Fair Political Practices Commission Form 700, Statement of Economic Interests, 2022 Annual Filings, for Section 87200 Filers and Designated Employees, Including Consultants, Design Review Board and Park and Recreation Commission (CC) Recommended Action – Accept report
f. Zero Waste Marin Agreement
Resolution Approving an Amendment to Revised Hazardous and Solid Waste Joint Powers Agreement with County of Marin (CM)
Recommended Action – Adopt Resolution
3 g. Proclamations
i. Proclamation Supporting Pride Month (HR)
ii. Proclamation Supporting Juneteenth (HR)
iii. Proclamation Supporting Public Works Recognition Week (PW) Recommended Action – Receive and File
h. LGBTQIA+ Pride Month and Display of Pride Flag
Resolution Declaring June 2023 as LGBTQIA+ Pride Month and Authorizing the Annual Display of the Pride Flag During the Month of June on the City Hall Flagpole Recommended Action – Adopt Resolution
i. Cooperation Agreement with County of Marin for Grant Programs Resolution Authorizing Execution of a Three-Year Amendment to the City’s Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and Home Programs (CD)
Recommended Action – Adopt Resolution
j. Annual Adjustment to the Library Parcel Tax
Report Concerning the Annual Consumer Price Index (CPI) Rate Adjustment for the Special Library Services Parcel Tax for the Fiscal Year July 1, 2023 Through June 30, 2024 as Specified in Voter-Approved Measure D (San Rafael Municipal Code Chapter 3.36) (AS/LR) Recommended Action – Accept report
k. Agreement to Participate in Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program (PP-GEMT)
Resolution Authorizing the City Manager to Execute a Certification Form for the San Rafael Fire Department to Participate in an Intergovernmental Transfer (IGT) with the California Department of Health Care Services (DHCS) for Reimbursement of Public Provider Ground Emergency Medical Transportation (PP-GEMT) Services for the Service Period of January 1, 2023, Through December 31, 2023, and Transfers to DHCS Not to Exceed $910,000 (FD)
Recommended Action – Adopt Resolution

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Final Citywide Proposed Budget for Fiscal Year 2023-24, Capital Improvement Program, Measure A Work Plan and Legal Spending Limit
i. Resolution Approving the Citywide Budget and Capital Improvement Program for the Fiscal Year 2023-24; Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget in the Amount of $171,699,035 (Fin) Recommended Action – Adopt Resolution
ii. Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2023-24 (Fin)
Recommended Action – Adopt Resolution
iii. Resolution Approving Fiscal Year 2023-24 GANN Appropriations Limit at $179,385,992 (Fin)
Recommended Action – Adopt Resolution
4 iv. Resolution Amending Resolution 14956 Establishing the Compensation for the Elected City Clerk Effective July 1, 2023 (Fin)
Recommended Action – Adopt Resolution
b. Police Advisory and Accountability Committee
Resolution Establishing the City of San Rafael Police Advisory and Accountability Committee (PD)
Recommended Action – Adopt Resolution
SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.

ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/.

Minutes subject to approval at the June 5, 2023 meeting

MINUTES

SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, MAY 8, 2023 AT 3:00 P.M.

In-Person:

Creekside Room
Dominican University of California
100 Magnolia Avenue
San Rafael, CA 94901

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

Absent: None
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 3:00 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Mayor Kate opened the public comment period.

Speakers: Amy Likover, Bill Carney, Sustainable San Rafael, Lucy Hollingsworth, Legal Aid of Marin, Aaron Burnett, Canal Alliance
There being no further comment from the audience, Mayor Kate closed the public comment period.

1. Discussion on City Council Goals and Objectives and Performance Metrics Study Session (CM) City Manager Jim Schutz presented the goals and objectives document.

Staff responded to questions from staff and provided comments on each policy area.

Economic Growth:
• Recommended including a link to the Economic Development Strategic Plan in this section.

Diversity, Equity, Inclusion & Belonging
• Recommended introduction page include additional language to broaden the description to be more inclusive.
• Recommended staff explore language interpretation for all public meetings. • Recommended researching stipends for Boards, Commissions and Committee volunteers.

Housing and Homelessness
• Recommended changing language in bullet point three from ‘develop’ to ‘investigate’, ‘explore’, or ‘continue to analyze’.
• Recommended including more information on the SAFE program. • Recommended additional language in the executive summary piece to explain how homelessness is connected to economic development.
• Recommended including a link to the five-page document outlining the City’s current policies and programs.

Sustainability, Climate Change and Disaster Preparedness • Recommended addition of working with Marin Wildfire Prevention Authority on evacuation routes.
• Recommended addition of “in partnership with the County” in the Foodware ordinance section.

Goal A: Neighborhood
• Recommended including workforce development in Economic Growth from bullet point 3 from bullet point 1.
• Recommended adding a link to Canal Alliance Day Laborer Survey results in bullet 3. • Recommended including hemp in the fourth bullet.
• Recommended revision to clarify there could be another permit program for parking in San Rafael in the last bullet.

Goal B: Quality of Life
• Recommended linking the Park and Recreation Master Plan and modify to ‘commence implementation’ in the first bullet.
• Recommended adding a bullet to continue working on a new library.

Goal C: Public Safety
• Recommended revision to “and/or expanded to 24-hours” in the first bullet. • Recommended including language clarifying purpose that staff is analyzing what to do with personal data in the third bullet.

Goal D: Public Assets
• Recommended adding ‘conduct feasibility study’ in the first bullet. • Recommended amending the first and second bullet to ‘actively participate in decision making process’ instead of ‘collaborate’ and ‘coordinate’ • Recommended moving the second bullet to the last bullet and including a link to the Capital Improvement Program.

Goal E: Foundational Services
• Recommending reworking the introduction paragraph.

Director of Digital Service and Open Government Director Sean Mooney presented the Performance Metrics portion of the Goals and Objectives along with Vedika Ahuja, Product Manager.

Staff responded to questions from the city council.

Mayor Kate invited public comment.

Speaker: Salamah Locks
There being no further comment from the audience, Mayor Kate closed the public comment period.

ADJOURNMENT:

Mayor Kate adjourned at 5:21pm.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2023
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the June 5, 2023 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, MAY 1, 2023
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/san-rafael-city-council Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844 3204 9611
One Tap Mobile: +16694449171,,84432049611# US
This meeting will be held in-person. The public may attend in-person or participate virtually using Zoom.

This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

If you experience technical difficulties during the meeting, please contact [email protected].

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

Absent: Councilmember Kertz
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
Deputy City Clerk Brenna Nurmi
OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 6:30 PM
Dial-in: (669) 900-9128, Meeting ID# 839-2754-6670#

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 6:30 PM

2. Closed Session:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 519 Fourth Street, San Rafael (APN 014-123-06) Agency negotiator: Gerald Ramiza, Burke, Williams and Sorensen Negotiating parties: Chris Hart
Under negotiation: Price and terms of sale
2 Mayor Kate called the meeting to order at 7:05 p.m. and invited Deputy City Clerk Brenna Nurmi to call the roll. All members of the City Council were present, except for Councilmember Kertz.

City Attorney Robert Epstein announced that no reportable action was taken in the Closed Session held prior to the meeting.

Mayor Kate provided opening remarks, which included how public comment works and how the meetings are run, the importance of the proclamations tonight and a land acknowledgement.

Deputy City Clerk Brenna Nurmi announced the process for Spanish interpretation for the evening.

She informed the community that the in-person meeting would also be recorded and 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, through Zoom and in-person.

OPEN TIME FOR PUBLIC EXPRESSION
• Anthony addressed the City Council regarding a fire code issue with Italian cypress trees. • Name withheld addressed the City Council regarding a fire code issue with Italian cypress trees.
• Eva Chrysanthe addressed the City Council regarding a Sheriff’s Civilian Oversight working group.
• Andy Naja-Riese, Agricultural Institute of Marin, addressed the City Council regarding the Downtown San Rafael Farmers Market.

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

3. City Manager and Councilmember Reports:

Jim Schutz announced:
• Goals and Objectives discussion meetings to be held on Monday, May 8 at Dominican University, 3-5 p.m., as well as, on Monday, May 15 at City Hall, 7 p.m.

City Councilmember Reports:
• Vice Mayor Llorens Gulati reported on Congressman Huffman’s Environmental Roundtable, an Earth Day Neighborhood Clean-up at Tiscornia Marsh, a Marin County Youth Town Hall, a MCCMC Climate Action Committee meeting and a Community Conversation with Supervisor Rodoni.
• Councilmember Hill reported on Earth Day Marin, a San Rafael City Schools breakfast and the annual Margie Burke Speech Tournament.
• Councilmember Bushey reported on the San Rafael Chamber of Commerce’s Excellence in Education Awards, the San Rafael High School Hall of Honor Induction Ceremony, and a San Rafael Sanitation Board meeting.
• Mayor Kate reported on an Earth Day event with the Business Improvement District and San Rafael Clean Coalition, an AC Marriott hard hat tour, a Coffee with a Cop event, a BayWAVE presentation, SMART and Transportation Authority of Marin (TAM). • City Attorney Status Update on Police Investigation
City Attorney Rob Epstein provided an update on the police investigation.

Mayor Kate invited public comment.
3 Speakers: Stephen Bingham, Pamela Reaves, Tara Evans, Heidi Merchen, Name withheld, Theo Emison, Jerry Spolter, Brenda Camarena, Samantha Ramirez, Anthony Label, Debra Taub, Name withheld, Calisha, Diane Martin, Name withheld, Eva Chrysanthe, Debbie Choizer, Lori, Barbara Bogard
City Attorney Rob Epstein responded to public comment.

Assistant City Manager Cristine Alilovich provided comments on the “Policing in San Rafael” community meetings.

CONSENT CALENDAR:

Mayor Kate invited public comment.

Speakers: Name withheld, Heidi Merchen, Eva Chrysanthe
Councilmember Bushey moved and Councilmember Hill seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular and Special City Council Meetings of April 17, 2023 (CC) Approved minutes as submitted
b. Paramedic Tax Rates for Fiscal Year 2023-24
Adoption of Ordinance 2026: An Ordinance of the City Council of the City of San Rafael Amending the Paramedic Service Special Tax Rates Within the Voter-Approved Limit, Commencing with Fiscal Year 2023-2024, for Residential Units and Non-Residential Structures in the City of San Rafael, County Service Area No. 13, County Service Area No. 19, and The Marinwood Community Services District (CC)
Final adoption of Ordinance 2026
c. Permanent Local Housing Allocation (PLHA)
Resolution Recommending Permanent Local Housing Allocation (PLHA) Project Funding for the Calendar Year 2023 to the Marin County Board of Supervisors (CD) Resolution 15203 - Resolution Recommending Permanent Local Housing Allocation (PLHA) Project Funding for the Calendar Year 2023 to the Marin County Board of Supervisors d. Proclamations
i. Proclamation Supporting Wildfire Preparedness Month (FD) ii. Proclamation Supporting Public Service Recognition Week (HR) iii. Proclamation Supporting Asian American and Pacific Islander Heritage Month (HR) iv. Proclamation Supporting National Police Week (PD)
v. Proclamation Supporting Mental Health Awareness Month (HR) Received and Filed
e. FY 2023 Local Measure A, AA and B Allocation
Resolution Authorizing the City Manager to Execute Funding Agreement A-FY23-11 Between the Transportation Authority of Marin (TAM) and the City of San Rafael, Thereby Authorizing the Receipt of an Allocation of $47,527 in Measure A, $440,653 in Measure B, and $1,322,378 in Measure AA Funding for FY 2022-2023 (PW) 4 Resolution 15204 - Resolution Authorizing the City Manager to Execute Funding Agreement AFY23-11 Between the Transportation Authority of Marin (TAM) and the City of San Rafael, Thereby Authorizing the Receipt of an Allocation of $47,527 in Measure A, $440,653 in Measure B, and $1,322,378 in Measure AA Funding for FY 2022-2023 f. 2023 MTC Regional Active Transportation Program Local Support i. Resolution of Local Support Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Canal Active Transportation Enhancements Project (PW) Resolution 15205 - Resolution of Local Support Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Canal Active Transportation Enhancements Project ii. Resolution of Local Support Authorizing the Filing of an Application for Funding Assigned to MTC and Committing any Necessary Matching Funds and Stating the Assurance to Complete the San Rafael Canal Crossing (PW) Resolution 15206 - Resolution of Local Support Authorizing the Filing of an Application for Funding Assigned to MTC and Committing any Necessary Matching Funds and Stating the Assurance to Complete the San Rafael Canal Crossing
g. Southern Heights/Courtright Retaining Wall Project
Resolution Approving and Authorizing the City Manager to Execute the Property Purchase Agreement for Acquisition of a Roadway and Slope Easement with Property Owner of 78 Southern Heights Boulevard and Accept the Grant Deed for Such Property (PW) Resolution 15207 - Resolution Approving and Authorizing the City Manager to Execute the Property Purchase Agreement for Acquisition of a Roadway and Slope Easement with Property Owner of 78 Southern Heights Boulevard and Accept the Grant Deed for Such Property h. Spinnaker Point Parking Modification Project Notice of Completion Accept Completion of the Spinnaker Point Parking Modification Project (City Project No. 11363), and Authorize the City Clerk to File the Notice of Completion (PW) Accepted completion of the Spinnaker Point Parking Modification Project and authorized the City Clerk to file the Notice of Completion
AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz

PUBLIC HEARINGS

5. Public Hearings:
a. Use Permit Revocation for Nightclub at 842 Fourth Street Resolution Denying an Appeal (AP23-001) and Affirming the Planning Commission’s March 28, 2023 Action to Revoke the Use Permit (UP05-01) Allowing the Re-Establishment of Live Entertainment and a Cocktail Lounge as Part of a New Restaurant/Supper Club Located at 842 4th Street (CD)
City Attorney Rob Epstein provided introductory comments and introduced outside counsel Eli Flushman and Connor MacLean.

Leslie Mendez, Planning Manager presented the staff report. 5 Applicant Esly Figueroa and Applicant’s son Frank Dilela provided comments.

Staff and the Applicant’s son responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Eva Chrysanthe, Barry Taranto
Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Hill seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Resolution 15208 - Resolution Denying an Appeal (AP23-001) and Affirming the Planning Commission’s March 28, 2023 Action to Revoke the Use Permit (UP05-01) Allowing the ReEstablishment of Live Entertainment and a Cocktail Lounge as Part of a New Restaurant/Supper Club Located at 842 4th Street
b. Reusable Foodware Ordinance
Introduction of An Ordinance of the City Council of the City of San Rafael Amending the San Rafael Municipal Code to Repeal and Replace Chapter 10.92 - Prohibition on Use of Polystyrene Foam Disposable Food Packaging with New Chapter 10.92 - Regulation of Foodware for Retail Food Vendors (CM)
Walter Gonzalez, Management Analyst presented the Staff Report.

Staff, including Gregory Pirie, Marin County Environmental Health Services Deputy Director and Dana Armanino, Marin County Sustainability Principal Planner responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speakers: Rhonda Kutter, Aide to Supervisor Dennis Rodoni, Joanne Webster, Chamber of Commerce, Jennifer Grenier Selvig, Marin Sanitary Service, Al Vetere, Barry Taranto, Jinesse Reynold, PlasticFree Marin, Susan Hopp, PlasticFree Marin, Annika Osborn, Sustainable San Rafael, Andy Naja-Riese, Agricultural Institute of Marin, Bridget Clark, Julie Monroe, Kim Corona, Marilyn Price
Staff responded to public comment.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Bushey seconded to waive further reading of the Ordinance, refer to it by title only and introduce the Ordinance; and the City Clerk read the title of the Ordinance.

An Ordinance of the City Council of the City of San Rafael Amending the San Rafael Municipal Code to Repeal and Replace Chapter 10.92 - Prohibition on Use of Polystyrene Foam Disposable 6 Food Packaging with New Chapter 10.92 - Regulation of Foodware for Retail Food Vendors AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Waived further reading of the Ordinance, referred to it by title only, and introduced the Ordinance c. BioMarin Development Agreement
Accept the 3rd Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue and 999 3rd Street); Case No.: P23-004 (CD) Chris Hess, Community Development Assistant Director presented the staff report.

Mayor Kate invited public comment; however there was none.

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Hill seconded to accept the report.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Accepted the 3rd Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781- 791 Lincoln Avenue and 999 3rd Street)

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Downtown San Rafael Business Improvement District
Approval Of Actions Supporting the Downtown San Rafael Business Improvement District Capacity Building and Management (ED):
i. Resolution Appropriating Funds and Authorizing the City Manager to Negotiate and Execute a Downtown Business Improvement District Management and Enhancement Agreement with the San Rafael Chamber of Commerce In an Amount of $100,000
ii. Resolution Appointing Downtown Business Improvement District Advisory Board Members
iii. Resolution Authorizing the City Manager to Negotiate and Execute a Downtown Business Improvement District Transition Agreement with the Downtown San Rafael Business Improvement District (BID Corporation) In an Amount of $5,000 7 iv. Resolution Adopting the Downtown Business Improvement District Administrative Guidelines
Micah Hinkle, Director of Economic Development and Innovation, presented the Staff Report.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speaker: Joanne Webster, Chamber of Commerce
Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Hill seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Resolution 15209 - Resolution Appropriating Funds and Authorizing the City Manager to Negotiate and Execute a Downtown Business Improvement District Management and Enhancement Agreement with the San Rafael Chamber of Commerce In an Amount of $100,000 Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Resolution 15210 - Resolution Appointing Downtown Business Improvement District Advisory Board Members
Councilmember Hill moved and Councilmember Llorens Gulati seconded to adopt the Resolution.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Resolution 15211 - Resolution Authorizing the City Manager to Negotiate and Execute a Downtown Business Improvement District Transition Agreement with the Downtown San Rafael Business Improvement District (BID Corporation) In an Amount of $5,000 Councilmember Bushey moved and Councilmember Bushey seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
8 Resolution 15212 - Resolution Adopting the Downtown Business Improvement District Administrative Guidelines
b. Community Development Block Grant (CDBG)
Resolution Recommending Community Development Block Grant (CDBG) Project Funding for the Fiscal Year 2023-24 to the Marin County Board of Supervisors (CD) Alexis Captanian, Housing Programs Analyst presented the staff report.

Staff, including Molly Kron, Marin County Housing and Federal Grants Senior Planner responded to questions from Councilmembers.

Mayor Kate invited public comment; however there was none.

Councilmembers provided comments.

Councilmember Hill moved and Councilmember Bushey seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Kertz
Resolution 15213 - Resolution Recommending Community Development Block Grant (CDBG) Project Funding for the Fiscal Year 2023-24 to the Marin County Board of Supervisors SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 11:18 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2023
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the June 5, 2023 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, MAY 15, 2023
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/cc-2023-05-15 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
This meeting will be held in-person. The public may attend in-person or participate virtually using Zoom.

This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

If you experience technical difficulties during the meeting, please contact [email protected].

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

Absent: Councilmember Hill
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 7:04 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present, except for Councilmember Hill.

Mayor Kate provided opening remarks, which included information on how the agenda is structured. She announced that tonight would be the last City Council meeting for City Manager Jim Schutz. Also, she included a land acknowledgment.

City Clerk Lindsay Lara announced the process for Spanish interpretation for the evening. She informed the community that the in-person meeting would also be recorded and 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, through Zoom and in-person.

OPEN SESSION
2 1. None.

CLOSED SESSION

2. None.

OPEN TIME FOR PUBLIC EXPRESSION
• Tom De Cook addressed the City Council regarding the West End Block Party. • Joe Adams addressed the City Council regarding the West End Block Party. • Senadhi addressed the City Council regarding the West End Block Party. • Angela Tucker addressed the City Council regarding the West End Block Party.

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

3. City Manager and Councilmember Reports:

City Manager Jim Schutz announced:
• Ember Stomp to be held on Saturday, May 20, 11 a.m. to 5 p.m. • Youth in Arts C Street Celebration to be held on Saturday, May 20, 10:30 a.m. to 5:30 p.m. • He reported on the San Rafael Chamber of Commerce State of the City event held on Wednesday, May 10
City Councilmember Reports:
• Vice Mayor Llorens Gulati reported on the quarterly Climate Action Plan meeting, the City Council Goals and Objectives meeting, the Board of Library Trustees interviews, an East San Rafael check-in with Supervisor Rodoni and Policing in San Rafael meetings.
• Councilmember Kertz reported on the Jewish Political Advocacy Communities Capitol Summit in Sacramento, the Stand Up to Jewish Hate campaign, Jewish American Heritage Month and the Marin Wildfire Prevention Authority (MWPA). • Councilmember Bushey reported on a Marin Transit Board meeting, a meeting with Supervisor Sackett, a Central Marin Sanitation Agency meeting, a Police and Pt. San Pedro Road Neighborhood meeting, a Fire Department ride-along, and a Loch Lomond Oversight Committee meeting.
• Mayor Kate reported on May Madness, Dining Under the Lights, the Farmers Market, an Economic Development Subcommittee meeting and SMART.

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

CONSENT CALENDAR:

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

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

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special City Council Meetings of May 8 and May 9, 2023 (CC) Approved minutes as submitted
3 b. Reusable Foodware Ordinance
Adoption of Ordinance 2027: An Ordinance of the City Council of the City of San Rafael Amending the San Rafael Municipal Code to Repeal and Replace Chapter 10.92 - Prohibition on Use of Polystyrene Foam Disposable Food Packaging with New Chapter

10.92 - Regulation of Foodware for Retail Food Vendors (CC) Final adoption of Ordinance 2027
c. Proclamations
i. Proclamation Supporting National Gun Violence Awareness Day (CM) ii. Proclamation Supporting Jewish American Heritage Month (HR) Received and Filed
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill

PUBLIC HEARINGS

5. Public Hearings:
a. San Rafael 2023-2031 Housing Element and Related General Plan and Zoning Amendments (CD):
i. Resolution Adopting the San Rafael 2023-2031 Housing Element and Amending the Safety and Resilience Element of General Plan 2040
ii. Introduction of an Ordinance Amending the Zoning Map of the San Rafael Municipal Code to Change the Zoning for Two Non-Addressed Parcels Located Immediately North and East of 86 Culloden Park Road from Planned District 1729 (PD 1729) to Low-Density Residential 20,000 Square Foot Lot Minimum (R20) (APN 011-051-31 and APN 011-115-30) (ZC23-001 and ZC23-002)
iii. Introduction of an Ordinance Amending the Zoning Map of the San Rafael Municipal Code to Change the Zoning for 380 Merrydale Road (APN 173-041-22) from Planned District 1436 (PD 1436) to Office, And the Zoning Classification of 401 Merrydale Road (APN 179-041-05) from Light Industrial-Office to Office (ZC23-003 and ZC23-004)
Assistant Community Development Director Chris Hess introduced Consultant Barry Miller who presented the staff report pertaining to 5.a.i and 5.a.iii.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Marina Palma, Voces del Canal, Darlin Ruiz, Voces del Canal, Piqui Tenorio, Voces del Canal, Veronica Duarte, Auriela Vargas, Lizbeth Lopez, Glendy Barrios, Crisalia Calderon, Zoila Rios, Voces del Canal, Name withheld, Cruz Vargas, Miriam Huinac, Kellen, Cris Barra, Carly Finkle, Canal Alliance, Gina Guillemette, Community Action Marin, Aaron Burnett, Canal Alliance, Peter Goetz, Al Vetere, Alex Nava, Linda Jackson, San Rafael City Schools Board of Education Trustee/Sustainable San Rafael, John Reynolds, Skylar Collins, Liliana Palu, North Marin Community Services, Name 4 withheld, Gregory Andrew, Grace Geraghty, Rosa Vasquez, Cristina Rosales, Voces del Canal, Lucie Hollingsworth, Legal Aid of Marin, Name withheld, Sharon Staff responded to public comment.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Resolution 15215 - Resolution Adopting the San Rafael 2023-2031 Housing Element and Amending the Safety and Resilience Element of General Plan 2040 Councilmember Kertz moved and Councilmember Bushey seconded to waive further reading of the Ordinance, refer to it by title only and introduce the Ordinance; and the City Clerk read the title of the Ordinance.

An Ordinance of the San Rafael City Council Amending the Zoning Map of the San Rafael Municipal Code to Change the Zoning for 380 Merrydale Road (APN 173-041-22) from Planned District 1436 (PD 1436) to Office, And the Zoning Classification of 401 Merrydale Road (APN 179-041-05) from Light Industrial-Office to Office (ZC23-003 and ZC23-004) AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Waived further reading of the Ordinance, referred to it by title only, and introduced the Ordinance
Mayor Kate recused herself from agenda item 5.a.ii due to a conflict of interest and left the Chambers. Vice Mayor Llorens Gulati became Mayor Pro Tem.

Consultant Barry Miller presented agenda item 5.a.ii.

Mayor Pro Tem Llorens Gulati invited public comment.

Speakers: Gregory Andrew, Name withheld
Councilmember Kertz moved and Councilmember Bushey seconded to waive further reading of the Ordinance, refer to it by title only and introduce the Ordinance; and the City Clerk read the title of the Ordinance.

An Ordinance of the San Rafael City Council Amending the Zoning Map of the San Rafael Municipal Code to Change the Zoning for Two Non-Addressed Parcels Located Immediately North and East of 86 Culloden Park Road from Planned District 1729 (PD 1729) to LowDensity Residential 20,000 Square Foot Lot Minimum (R20) (APN 011-051-31 and APN 011-115-30) (ZC23-001 and ZC23-002)
5 AYES: Councilmembers: Bushey, Kertz, & Mayor Pro Tem Llorens Gulati NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Waived further reading of the Ordinance, referred to it by title only, and introduced the Ordinance
Mayor Pro Tem Llorens Gulati called a recess at 9:33 p.m.

Mayor Kate called the meeting back in session at 9:39 p.m.

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Draft FY 23-25 Goals and Objectives and Performance Metrics Informational Report on the City Council Draft FY 23-25 Goals and Objectives and Performance Metrics (CM)
Senior Management Analyst Bernadette Sullivan presented the staff report along with Digital Service and Open Government Director Sean Mooney and Product Manager Vedika Ahuja.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Al Vetere, Gina Silvestri, Gerstle Park Neighborhood Association/The San Rafael Tree Group, Amy Likover, The San Rafael Tree Group, Bill Carney, Sustainable San Rafael, Ross Bishop, Spinnaker Point/Baypoint, Dave Rhoads, John Reynolds, Alice Cochran, Barry Taranto, Amy
Staff responded to public comment.

Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Llorens Gulati seconded to accept the report.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Accepted report
b. Economic Development Strategic Plan
Resolution Adopting the Economic Development Strategic Plan (ED) Economic Development Director Micah Hinkle presented the staff report along with Ken Hira of Kosmont.
6 Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Bill Carney, Sustainable San Rafael, Al Vetere Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Resolution 15216 - Resolution Adopting the Economic Development Strategic Plan SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 11:39 p.m., in honor of the years of service that (retiring) City Manager Jim Schutz has given to San Rafael.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2023
_____________________________________
KATE COLIN, Mayor
Agenda Item 5.b
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 1 ORDINANCE NO. 2028

AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING THE

ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE ZONING FOR 380 MERRYDALE ROAD (APN 179-041-22) FROM PLANNED DISTRICT 1436 (PD 1436) TO OFFICE, AND THE ZONING CLASSIFICATION OF 401 MERRYDALE ROAD (APN 179-041-05) FROM LIGHT INDUSTRIALOFFICE TO OFFICE (ZC23-003 and ZC23-004) WHEREAS, the City of San Rafael completed a comprehensive update of its General Plan between 2018 and 2021, moving the time horizon forward from 2020 (General Plan 2020) to 2040 (General Plan 2040); and
WHEREAS, the Plan Update process included an update of the General Plan Land Use Map to reflect recently prepared plans and land use policies, including policies supporting higher density residential and mixed use development around rail transit stations; and WHEREAS, on August 2, 2021, the San Rafael City Council adopted General Plan 2040, including an updated Land Use Map replacing the “Light Industrial/ Office” General Plan designations at 380 Merrydale (APN 179-041-22) and 401 Merrydale (APN 179-041-05) with the “Office Mixed Use” General Plan designation, thereby creating additional opportunities for transitoriented development, including housing at densities up to 43.5 units per acre and WHEREAS, California Government Code 65860 requires a city’s zoning ordinance, including its zoning map, to be consistent with a city’s general plan; and WHEREAS, the current zoning classification for 380 Merrydale (APN 179-041-22) Planned District 1436 (PD 1436), corresponding to the self-storage facility on the property and the current zoning classification for 401 Merrydale (APN 179-041-05) is Light Industrial/Office (LI/O) and neither of these designation is consistent with the General Plan Land Use designation of Office Mixed Use; and
WHEREAS, the City of San Rafael has identified 380 Merrydale and 401 Merrydale as potential sites to meet a portion of its Regional Housing Needs Allocation (RHNA) of 3,220 housing units, as well as opportunities to affirmatively further fair housing by creating multi-family housing opportunities in a range of locations around the city; and WHEREAS, rezoning of these properties would better align their zoning designations with their General Plan designations, while also facilitating the City’s ability to meet its State-mandated RHNA; and
WHEREAS, the proposed rezoning implements the San Rafael General Plan 2040, for which a Final Environmental Impact Report was previously prepared and certified on August 2, 2021, Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of General Plan 2040, including the adoption of Findings and a Mitigation Monitoring and Reporting program. No development is currently proposed on the subject properties and no further impacts will result from the rezoning; and Agenda Item 5.b
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 2 WHEREAS, the City of San Rafael established zoning case numbers ZC23-003 and ZC23-004 for the two subject parcels to facilitate this rezoning, in order to align the zoning and General Plan Maps; and
WHEREAS, on April 25, 2023, the San Rafael Planning Commission convened a duly noticed public hearing and unanimously (5:0, with one member absent) approved a resolution recommending City Council approval of this rezoning; and WHEREAS, the City has complied with all noticing requirements for the rezoning action, including providing mailed notices to all property owners within 300 feet of the subject properties; and
WHEREAS, on May 15, 2023, the San Rafael City Council held a duly noticed public hearing on the proposed rezoning, 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; and WHEREAS, as required by San Rafael Municipal Code Section 14.27.060, the City Council makes the following findings in support of an ordinance to amend the Zoning Map to change 380 Merrydale Road (APN 179-041-22) from Planned District 1436 (PD 1436) to an Office (O) zoning classification and to change 401 Merrydale Road (APN 179-041-05) from Light Industrial/Office (LI/O) to an Office (O) zoning classification, as shown on the map contained in Exhibit “A”:

1. The proposed amendment to the Zoning Map is consistent in principle with the General Plan in that:
a. This action would be consistent with the General Plan Land Use Map, which identifies the subject sites as Office Mixed Use, rather than Light Industrial/Office. b. This action would implement the General Plan Land Use Map. c. This action supports the General Plan concept of transit-oriented development around the two SMART stations and would accommodate higher-density residential and employment uses that is more sustainable and less car-dependent than traditional suburban development.
d. This action would be consistent with and implement the following General Plan policies and programs:
1) Land Use Element Policy LU-1.3 (Land Use and Climate Change), which supports housing and commercial development adjacent to transit stations.
2) Land Use Element Policy LU-2.1 (Land Use Map and Categories), which indicates that the General Plan Map should be used as a framework for future land use decisions, including zoning regulations. 3) Land Use Element Policy LU-2.2 (Mixed Use Development), which supports mixed uses on commercial properties.
4) Land Use Element Policy LU-3.3 (Housing Mix), which supports a diverse mix of housing choices and opportunities.

Agenda Item 5.b
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 3 5) Neighborhoods Element Program NH-4.10A (Station Area Plan Implementation) which supports additional residential and commercial development opportunities adjacent to the Civic Center Station. 6) Mobility Policy M-3.8 (Land Use and VMT), which supports development opportunities around transit stations.
7) Housing Element Policy H-4.8 (Adequately Zoned Sites) to maintain an adequate supply of residentially zoned land to meet the needs of all economic segments of the community.

2. The public health, safety, and general welfare would be served by the adoption of the proposed amendment to change the existing “PD 1436” and “LI/O” Zoning Classifications to the “O” Zoning Classification because the subject parcels would provide opportunities for housing, including affordable housing. Allowing densities of

43.5 units per acre on sites where residential uses are not permitted today can help meet an urgent community need and leverage the benefits of the sites’ proximity to mass transit. Moreover, rezoning properties located immediately adjacent to the SMART station presents an opportunity for development that is less car-dependent, reduces per capita greenhouse gas emissions, supports active transportation modes such as walking and bicycling, and reduces the need to convert open space on the fringes of the city to urban uses.

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

DIVISION 1: Findings
The City Council of the City of San Rafael hereby determines and finds that all of the facts and statements contained in the recitals herein and the finding of Planning Commission Resolution 23-03, adopted April 25, 2023, recommending to the City Council adoption of this Ordinance, are true and correct. The City Council further finds that the zoning map amendment complies with CEQA and is consistent with the certified EIR for San Rafael General Plan 2040.

DIVISION 2: Approval
The City Council of the City of San Rafael hereby approves and adopts the amendment to SRMC Title 14 Zoning Map as presented in Exhibit A attached hereto and incorporated herein by reference.

DIVISION 3: 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.

The 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 the same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.

Agenda Item 5.b
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 4 Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 15th day of May 2023, and was passed and adopted at a regular meeting of the San Rafael City Council on the 5th day of June 2023 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
Exhibits:

A. Rezoning Map
Agenda Item 5.b
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 5 Attachment A
San Rafael Zoning Map
SUMMARY OF ORDINANCE NO. 2028

AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING

THE ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO
CHANGE THE ZONING FOR 380 MERRYDALE ROAD (APN 179-041-
22) FROM PLANNED DISTRICT 1436 (PD 1436) TO OFFICE, AND THE ZONING CLASSIFICATION OF 401 MERRYDALE ROAD (APN 179-041- 05) FROM LIGHT INDUSTRIAL-OFFICE TO OFFICE. (ZC23-003 and ZC23-004)
This Summary concerns a proposed ordinance of the City of San Rafael, designated as Ordinance No. 2028, which will amend the Zoning Maps in Title 14 of the San Rafael Municipal Code. Ordinance No. 2028 is scheduled for adoption by the San Rafael City Council at its regular meeting of June 5, 2023. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
The Ordinance will amend Title 14 (Zoning) of the San Rafael Municipal Code to change the zoning district boundary line for the property located 380 Merrydale Road (APN 179-041- 22) from Planned District 1436 (PD 1436) to an Office (O) zoning classification and to change 401 Merrydale Road (APN 179-041-05) from Light Industrial/Office (LI/O) to an Office (O) zoning classification
Copies of Ordinance No. 2028 will be available for public review as of Wednesday, May 17, 2023, on the City’s website: https://www.cityofsanrafael.org. You may also contact the City Clerk at (415) 485-3066 or the Planning Department at (415) 485-3085 for information. ________________________________

LINDSAY LARA
San Rafael City Clerk
Dated: 5/19/23
Agenda Item 5.c
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 1 ORDINANCE NO. 2029

AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING THE

ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE

ZONING FOR TWO NON-ADDRESSED PARCELS LOCATED IMMEDIATELY NORTH AND EAST OF 86 CULLODEN PARK ROAD FROM PLANNED
DISTRICT 1729 (PD 1729) TO LOW-DENSITY RESIDENTIAL 20,000 SQUARE FOOT LOT MINIMUM (R20) (APN 011-051-31 and APN 011-115-30) (ZC23-001 and ZC23-002)
WHEREAS, the City of San Rafael completed a comprehensive update of its General Plan between 2018 and 2021, moving the time horizon forward from 2020 (General Plan 2020) to 2040 (General Plan 2040); and
WHEREAS, the Plan Update process included a “Call for Amendments” wherein property owners were invited to apply for amendments to the General Plan Map; and WHEREAS, on June 21, 2019, the owners of Assessor Parcel Number 011-051-31 submitted a request for an amendment to change the designation of this 0.692-acre property from its 2020 General Plan designation of Hillside Resource Residential to a 2040 designation of Low Density Residential; and
WHEREAS, the intent of this request was to harmonize the land use designations of four adjacent properties with the same owner, including one 1.196-acre property with a home (86 Culloden Park Road, APN 011-115-10) which was designated Low Density Residential, two small vacant properties (0.111 acres and 0.194 acres) also designated Low Density Residential, and an adjoining 0.692-acre parcel on the east which was vacant and designated Hillside Resource Residential (011-051-31); and
WHEREAS, staff evaluated the request and determined that the requested change was consistent with best practices, would avoid a “split” General Plan designation on a single-family, single-ownership property; and would not adversely impact surrounding properties; and WHEREAS, on February 5, 2020, the San Rafael Planning Commission considered this request and several others and supported changing the land use designation as requested; and WHEREAS, on August 2, 2021, the San Rafael City Council adopted General Plan 2040, including an updated Land Use Map incorporating the Low-Density Residential designation for APN 011-051-31; and
WHEREAS, California Government Code 65860 requires a city’s zoning ordinance, including its zoning map, to be consistent with a city’s general plan; and WHEREAS, APNs 011-051-31 and 011-115-30 currently have zoning designations of Planned District (PD 1729), a designation that was created to support the adjacent Academy Heights/ Live Oak Estates subdivision, which no longer includes the subject parcels; and WHEREAS, the best fit zoning designation for APN 011-051-31 and 011-115-30 is R20, which matches the designation of the primary residence at 86 Culloden Park Road and all other parcels along Culloden Park Road; and
Agenda Item 5.c
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 2 WHEREAS, the R20 designation is consistent with the Low Density General Plan designation and would align the zoning for these parcels with the General Plan; and WHEREAS, the proposed rezoning implements the San Rafael General Plan 2040, for which a Final Environmental Impact Report was previously prepared and certified on August 2, 2021, Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of General Plan 2040, including the adoption of Findings and a Mitigation Monitoring and Reporting program. No development is currently proposed on the subject properties and no further impacts will result from the rezoning; and WHEREAS, the City of San Rafael established zoning case numbers ZC23-001 and ZC23-002 for the two subject parcels to facilitate this rezoning, in order to align the zoning and General Plan Maps; and
WHEREAS, on April 25, 2023, the San Rafael Planning Commission convened a duly noticed public hearing and unanimously (5:0, with one member absent) approved a resolution recommending City Council approval of this rezoning; and WHEREAS, the City has complied with all noticing requirements for the rezoning action, including providing mailed notices to all property owners within 300 feet of the subject properties; and
WHEREAS, on May 15, 2023, the San Rafael City Council held a duly noticed public hearing on the proposed rezoning, 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; and WHEREAS, as required by San Rafael Municipal Code Section 14.27.060, the City Council makes the following findings in support of an ordinance to amend the Zoning Map to change parcels APN 011-051-31 and 011-115-30, located immediately north and east of 86 Culloden Park Road, from Planned District 1729 (PD 1729) to Low-Density Residential 20,000 Square Foot Lot Minimum (R20), as shown on the map contained in Exhibit “A”:

Agenda Item 5.c
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 3 2) Land Use Element Policy LU-2.1 (Land Use Map and Categories), which supports aligning zoning with the General Plan Land Use Map. 3) Neighborhoods Element Policy NH-2.11 (Fairhills Neighborhood) to retain the character of Fairhills as a scenic hillside neighborhood. 4) Community Design and Preservation Policy CDP-1.3 (Hillside Protection) to ensure that hillside development protects the natural landscape and supports lot consolidation in hillside areas. 5) Housing Element Policy H-4.8 (Adequately Zoned Sites) to maintain an adequate supply of residentially zoned land to meet the needs of all economic segments of the community.

2. The public health, safety, and general welfare would be served by the adoption of the proposed amendment to change the existing PD 1729 Zoning Classification to the R20 Zoning Classification for the property in that the Zoning Map change will implement the General Plan Land Use designation and is consistent with the General Plan as noted above.

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

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.

Agenda Item 5.c
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 4 THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 15th day of May 2023, and was passed and adopted at a regular meeting of the San Rafael City Council on the 5th day of June 2023 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
Exhibits:

A. Rezoning Map
Agenda Item 5.c
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 5 Attachment A
San Rafael Zoning Map
SUMMARY OF ORDINANCE NO. 2029

AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING

THE ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO

CHANGE THE ZONING FOR TWO NON-ADDRESSED PARCELS
LOCATED IMMEDIATELY NORTH AND EAST OF 86 CULLODEN
PARK ROAD FROM PLANNED DISTRICT 1729 (PD 1729) TO SINGLE FAMILY RESIDENTIAL 20,000 SQUARE FOOT LOT MINIMUM (R20) (APN 011-051-31 and APN 011-115-30) (ZC23-001 and ZC23-002) This Summary concerns a proposed ordinance of the City of San Rafael, designated as Ordinance No. 2029, which will amend the Zoning Maps in Title 14 of the San Rafael Municipal Code. Ordinance No. 2029 is scheduled for adoption by the San Rafael City Council at its regular meeting of June 5, 2023. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
The Ordinance will amend Title 14 (Zoning) of the San Rafael Municipal Code to change the zoning district boundary line for the property located within Assessors Parcels 011-051-31 and 011-115-30, and located immediately north and east of 86 Culloden Park Road; said parcels to be rezoned from Planned District 1729 (Pd 1729) to Single-family Residential 20,000 Square Foot Lot Minimum (R20).

Copies of Ordinance No. 2029 will be available for public review as of Wednesday, May 17, 2023, on the City’s website: https://www.cityofsanrafael.org. You may also contact the City Clerk at (415) 485-3066 or the Planning Department at (415) 485-3085 for information. ________________________________

LINDSAY LARA
San Rafael City Clerk
Dated: 5/19/23
Agenda Item 5.d
City Council Appointments 2023
Updated: June 5, 2023
Position 2023
Vice Mayor, City Council Maika Llorens Gulati
San Rafael Sanitation District Kate Colin (C)
Maribeth Bushey
Central Marin Sanitation Agency
(informational only- appointed by SRSD)
Maribeth Bushey
City Rep. to Association of Bay Area Government (ABAG) Eli Hill League of California Cities, North Bay Division Maika Llorens Gulati Maribeth Bushey (Alt)
Sonoma/Marin Area Rail Transit (SMART)
(informational only- appointed by TAM)
Kate Colin
Maribeth Bushey (Alt)
County Priority-Setting Committee
(re Community Development Block Grant Funds)
Eli Hill
Rachel Kertz (Alt)
Marin Clean Energy (MCE) Maika Llorens Gulati
Rachel Kertz (Alt)
Transportation Authority of Marin (TAM) Board of Commissioners Kate Colin Maribeth Bushey (Alt)
Transportation Authority of Marin (TAM) - Safe Routes to Schools Program Maribeth Bushey Micro Grid Task Force Eli Hill
BayWAVE Kate Colin
Age Friendly / Aging Action Liaison Rachel Kertz
City Council Standing Committees
(Noticed public meetings)
Climate Change Action Plan Quarterly Update Forum Maika Llorens Gulati City/School Liaison Committee
(Noticed Joint City Council /Schools meeting)
Kate Colin
Eli Hill
Economic Development Subcommittee Eli Hill
Library Foundation Board Maribeth Bushey
Updated: June 5, 2023
2 Council Liaisons to Boards, Commissions and Committees (Open, noticed meetings)
ADA Access Advisory Committee Eli Hill
Bicycle and Pedestrian Advisory Committee Maika Llorens Gulati Board of Library Trustees Maribeth Bushey
Business Improvement District Advisory Group Eli Hill
Design Review Board Kate Colin
Fire Commission Eli Hill
Pickleweed Advisory Committee Maika Llorens Gulati
Park and Recreation Commission Eli Hill
Planning Commission Kate Colin
Public Art Review Board Rachel Kertz
Voter Approved Tax Oversight Committee Rachel Kertz
Joint Powers Agreement (JPA)
Marin County Animal Control Jim SchutzCristine
Alilovich
Marin County Hazardous and Solid Waste Joint Powers Authority Board and Executive Committee
Jim SchutzCristine
Alilovich
Cristine AlilovichCory
Bytof (Alt)
Marin Emergency Radio Authority (MERA) Governing Board Dave Spiller Glenn McElderry (Alt)
Robert Sinnott (Alt)
Marin Emergency Radio Authority (MERA) Executive Board Darin White Marin General Services Authority Jim SchutzCristine
Alilovich
Cristine
AlilovichTBD(Alt)
Marin Wildfire Prevention Authority Rachel Kertz
Eli Hill (Alt)
Updated: June 5, 2023
3 Marin County Council of Mayors & Councilmembers (MCCMC) Legislative Committee Rachel Kertz
Marin Transit District
(MCCMC appointment; non-City appointment)
Maribeth Bushey
Homelessness Policy Maker Group
Rachel Kertz (C)
Kate Colin (Alt)
Climate Mitigation Committee Maika Llorens Gulati
Kate Colin (Alt)
Ad Hoc Water Policy Committee Maribeth Bushey
Eli Hill
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.e
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk’s Office
Prepared by: Lindsay Lara, City Clerk City Manager Approval: __________ TOPIC: STATEMENT OF ECONOMIC INTERESTS ANNUAL FILINGS
SUBJECT: ACCEPT REPORT ON FAIR POLITICAL PRACTICES COMMISSION FORM 700, STATEMENT OF ECONOMIC INTERESTS, 2022 ANNUAL FILINGS, FOR SECTION 87200 FILERS AND DESIGNATED EMPLOYEES, INCLUDING

CONSULTANTS, DESIGN REVIEW BOARD AND PARK AND RECREATION

COMMISSION
RECOMMENDATION: Accept report.

BACKGROUND:

On September 6, 2022, the City Council, by Resolution 15117, updated/adopted a Conflict of Interest Code for Designated Employees as required by the Fair Political Practices Commission (FPPC).

The City Council is the Code Reviewing Body for all Forms 700, “Conflict of Interest Statement for Designated Employees,” and the City Clerk is the Filing Officer.

The annual filings of Form 700 for designated employees, including the Design Review Board, Park and Recreation Commission, and the City’s consultants, due April 3, 2023, were for the most part filed in a timely manner, substantially complying with filing requirements, and have been verified for completeness. These documents are available for review in the City Clerk’s office. Filers who did not file their Form 700 by the deadline have received their first of two nonfiler notifications, and are subject to late fines.

The majority of Forms 700 Statement of Economic Interests filed by Section 87200 filers, such as the Mayor and City Council, City Manager, City Treasurer/Finance Director and City Attorney were filed by the deadline of Monday, April 3, 2023. The Planning Commission had three late filers, two of which have since filed their Form 700, the third has been sent their late notice.

ATTACHMENTS:

1. Conflict of Interest Code
a. Exhibit A – Designated Employee List
b. Exhibit B – Disclosure Categories
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HISTORY

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

Certificate of Compliance included.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Position Disclosure
Category
All Departments
Associate Management Analyst………………………………………………………………… 1, 2 Management Analyst………………………………………………………………………………… 1, 2
Senior Management Analyst……………………………………………………………………... 1, 2 Administrative Analyst……………………………………………………………………............. 1, 2 Professional Analyst (Fixed Term) ……………………………………………………………. 1, 2 Business Systems Analyst (Fixed Term) ……………………………………………………. 1, 2 Data Analyst 1, 2
Network Analyst 1, 2
Administrative Services
Accounting Manager………………………………………………………………………………… 1, 2
Revenue Supervisor………………………………………………………………………………….. 1, 2 Principal Accountant………………………………………………………………………………… 1, 2 Senior Accountant……………………………………………………………………………………. 1, 2 Payroll Technician…………………………………………………………………………………….. 3a, 3c, 3g Director of Employee Experience and Culture………………………………………….. 1, 2 Human Resources Operations Manager……………………………………………………. 1, 2 City Attorney
Assistant City Attorney…………………………………………………………………………….. 1, 2 Deputy City Attorney II…………………………………………………………………………….. 1, 2 City Clerk
City Clerk………………………………………………………………………………………………….. 1, 2
Deputy City Clerk……………………………………………………………………………………... 1, 2 City Manager
Assistant City Manager…………………………………………………………………………….. 1, 2 Director of Economic Development and Innovation…………………………………. 1, 2 2 Economic Development Program Coordinator………………………………………….. 1, 2 Sustainability and Volunteer Program Coordinator…………………………………… 1, 2 Parking Services Manager 1, 2
Parking Operations Supervisor 2, 3a, 3d, 3g
Community Development
Community Development Director…………………………………………………………… 1, 2 Planning Manager…………………………………………………………………………………….. 1, 2 Senior Planner………………………………………………………………………………………….. 1, 2 Associate Planner……………………………………………………………………………………… 1, 2 Assistant Planner……………………………………………………………………………………… 1, 2 Senior / Code Enforcement Supervisor…………………………………………………….. 1, 2 Code Enforcement Official III……………………………………………………………………. 1, 2 Code Enforcement Official II…………………………………………………………………….. 1, 2 Code Enforcement Official I……………………………………………………………………… 1, 2 Chief Building Official……………………………………………………………………………….. 1, 2 Permit Services Coordinator…………………………………………………………………….. 1, 2 Permit Technician 1, 2
Permit Services Supervisor 1, 2
Housing Program Manager 1, 2
Senior Building Inspector…………………………………………………………………………. 1, 2 Building Inspector II..………………………………………………………………………………… 1, 2 Building Inspector I…………………………………………………………………………………… 1, 2 Digital Service and Open Government
Director of Digital Service and Open Government…………………………………… 1, 2 Data & Infrastructure Manager…………………………………………………………………. 1, 2 Civic Design Manager……………………………………………………………………………….. 1, 2 Product Manager 1, 2
Fire Department
Fire Chief…………………………………………………………………….……………………………. 1, 2
3 Deputy Fire Chief……………………………………………………………………………………… 1, 2 Battalion Chief – Operations…………………………………………………………………….. 1, 2 Battalion Chief – Administration……………………………………………………………….. 1, 2 Administrative Fire Captain………………………………………………………………………. 2, 3d, 3e, 3g Deputy Fire Marshal…………………………………………………………………………………. 1, 2 Deputy Director of Emergency Management 1, 2
Fire Prevention Specialist…………………………………………………………………………. 2, 3d, 3e, 3g Fire Prevention Inspector II………………………………………………………………………. 2, 3d, 3e, 3g Fire Prevention Inspector I……………………………………………………………………….. 2, 3d, 3e, 3g Environmental Management Coordinator…………………………………………………. 2, 3d, 3e, 3g Emergency Management Coordinator………………………………………………………. 2, 3d, 3e, 3g Open Space/Hazard Coordinator 1, 2
Wildfire Mitigation Specialist 2, 3d, 3e, 3g
Wildfire Mitigation Project Coordinator 1, 2
Vegetation Management Specialist…………………………………………………………… 2, 3d, 3e, 3g Library and Recreation
Library and Recreation Director………………………………………………………………… 1, 2 Assistant Library and Recreation Director…………………………………………………. 1, 2 Senior Recreation Supervisor……………………………………………………………………. 3a, 3b, 3f, 3g Recreation Supervisor 3a, 3b, 3f, 3g
Supervising Librarian………………………………………………………………………………… 3a, 3b, 3f, 3g Police Department
Chief of Police………………………………………………………………………………………….. 1, 2 Police Captain ………………………………………………………………………………………….. 1, 2 Police Lieutenant………………………………………………………………………………………. 1, 2 Department of Public Works
Public Works Director………………………………………………………………………………. 1, 2 4 Assistant Public Works Director / City Engineer……………………………………….. 1, 2 Deputy Public Works Director………………………………………………………………….. 1, 2 Senior Civil Engineer…………………………………………………………………………………. 1, 2 Associate Civil Engineer……………………………………………………………………………. 1, 2 Assistant Civil Engineer…………………………………………………………………………….. 1, 2 Jr. Engineer………………………………………………………………………………………………. 3e, 3g Engineering Technician I…………………………………………………………………………… 3e, 3g Engineering Technician II………………………………………………………………………….. 3e, 3g Traffic Engineer………………………………………………………………………………………… 1, 2 Traffic Engineering Technician I………………………………………………………………… 3e, 3g Traffic Engineering Technician II……………………………………………………………….. 3e, 3g Streets Maintenance Supervisor……………………………………………………………….. 1, 2 Parks Maintenance Supervisor………………………………………………………………….. 1, 2 Operations and Maintenance Manager…………………………………………………….. 1, 2 Facility Repair Supervisor…………………………………………………………………………. 3d, 3e, 3f Shop & Equipment Supervisor………………………………………………………………….. 3d, 3e, 3f Senior Project Manager…………………………………………………………………………….. 1, 2 Sanitation District
District Manager / District Engineer…………………………………………………………. 1, 2 Sr. Civil Engineer………………………………………………………………………………………. 1, 2 Associate Civil Engineer……………………………………………………………………………. 1, 2 Jr. Engineer………………………………………………………………………………………………. 1, 2
Sewers Maintenance Supervisor………………………………………………………………. 3d, 3e, 3f Sewer Maintenance Superintendent…………………………………………………………. 3d, 3e, 3f Boards & Commissions
Design Review Board……………………………………………………………………………….. 1, 2 Park & Recreation Commission…………………………………………………………………. 1, 2 Consultants
Consultants **…………………………………………………………………………………………… 1, 2
** With respect to Consultants, the relevant department director may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in these categories. Such determination shall include a 5 description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The department director shall forward a copy of this determination to the City Clerk. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code.

APPENDIX B
Disclosure Categories
Category 1: All investments and sources of income.

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

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

NOTE: PENALTY FOR LATE FILING:

As required under the Political Reform Act of 1974, as amended, section 91013, if any person files an original statement after any deadline, he shall be liable in the amount of $10.00 per day after the deadline until the statement is filed, up to a maximum of $100.00, whichever is greater.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.f
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Cory Bytof,
Sustainability Program Manager
City Manager Approval: __________

TOPIC ZERO WASTE MARIN AGREEMENT

SUBJECTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING AN AMENDMENT TO REVISED HAZARDOUS AND SOLID

WASTE JOINT POWERS AGREEMENT WITH COUNTY OF MARIN

RECOMMENDATION
Adopt a resolution approving an amendment to the Revised Hazardous and Solid Waste Joint Powers Agreement with the County of Marin.

BACKGROUND
The County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon entered into an agreement in 1993 to create a Hazardous and Solid Waste Joint Powers Authority (JPA), also known as Zero Waste Marin, to work together on the mandates set forth in AB 939. The agreement was amended in 1995 and restated in 1996.

The County of Marin is responsible for the management of programs in the Certified Unified Program Agency (CUPA) by state law, which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program, and the Tiered Permit On-Site Treatment Program. Prior to 2006, the City of San Rafael managed its own CUPA.

ANALYSIS
The JPA agreement has been the foundational guide for the operations of the Hazardous and Solid Waste Program. Staff and the Board of the JPA have been working to develop proposed revisions to the JPA Agreement to include the following three administrative changes to better reflect current operations and procedures. These changes can be found in the redlined agreement as Attachment B and are reflected in “Exhibit A” to the resolution.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Proposed Administrative Changes

1. The JPA contracted with the City of San Rafael to oversee the operation of the permanent Household Hazardous Waste (HHW) facility by the Marin Recycling & Resource Recovery Association, a company of Marin Sanitary Service. The City requested to terminate this agreement following the departure of the City employee who was responsible for the program. The City determined that integrating the position with the HHW team of County staff would provide the most efficient and effective service. The County and JPA agreed to revert the program back to the County. The JPA will fund and assume the oversight responsibility of the HHW program as of July 1, 2023, which is reflected in the Amendment in Preamble A on page 1, and in Article 3, Section 3.3 Member Programs.

2. California state law mandates that all cities, counties, and approved regional solid waste management agencies are responsible for enacting integrated waste management plans (IWMP) and implementing programs to divert solid waste from landfills. In addition, state law mandates that a local task force be formed to advise the JPA Board on waste-related matters to ensure compliance with the IWMP. The original passage in Preamble D was amended to add language to ensure we have a qualified technical task force to serve as an advisory group to the JPA Board.

3. Article 18 Designated Entity was added as an administrative change to state that County laws shall apply to the JPA pursuant to Government Code 6509.

FISCAL IMPACT
There is no fiscal impact associated with this action.

OPTIONS

1. Adopt a resolution approving an amendment to the Revised Hazardous and Solid Waste Joint Powers Agreement with County of Marin and appointing Members of the Board.

2. Adopt the resolution with modifications.

3. Do not adopt the resolution at this time and direct staff to come back with more information.

RECOMMENDED ACTION
Adopt a resolution approving an amendment to the Revised Hazardous and Solid Waste Joint Powers Agreement with County of Marin and appointing Members of the Board.

ATTACHMENTS
Attachment A: Original Signed 1996 Agreement
Attachment B: Redlined 1996 Agreement
Attachment C: San Rafael CUPA to County 2006
Attachment D: Resolution, with Exhibit A – Amendment to the 1996 Agreement

1 Last Revised: 3/26/964/6/2023

REVISED HAZARDOUS AND SOLID WASTE

JOINT POWERS AGREEMENT

COUNTY OF MARIN
This Agreement is entered into this 1st day of July, 1996 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities and Towns"), which are all within the County of Marin.

PREAMBLE
The principal objectives of the agencies signatory to this agreement are as follows:

A. Scope of the Agreement. The principal responsibilities of the new Authority, established by this Agreement, are to meet the goals of the Source Reduction and Recycling Element mandated by State Public Resources Code Sections 40900 to 43000 and the adoption and implementation of the Household Hazardous Waste Element required by Sections 25135 to 25135.8 of the Health and Safety Code.

Responsibilities for programs in the Certified Unified Program Agency (CUPA), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered Permit On-Site Treatment Program, are to be managed as provided for by state law. The City of San RafaelCounty will continue to administer its own CUPA these programs. The County will administer these programs for the remaining County, Cities and Towns.

Operation of a household hazardous waste collection program is also managed by state law. The County, the Cities and Towns will establish a local program that is available to their residents.

B. Limiting Membership in the Authority. Membership in the Authority will be limited to the County, the Cities and Towns. The districts included under the previous agreement are not signatories to this agreement and will not serve in any governing role.

Representatives of the districts would continue to be included on the AB 939 Local Task Force.

C. Governing Structure. The day-to-day administration of the Authority will be vested with an Executive Committee responsible to the Board of Directors for the administration and management of Authority affairs. The Executive Committee will be comprised of the Chair and Vice Chair of the governing Board plus three Board members froorm the County, the City of San Rafael and the City of Novato.

The Board of Directors shall be comprised of one representative for each member agency.

Commented [SK1]: The County of Marin is responsible
for management of programs in the Certified Unified
Program Agency (CUPA) by state law, which include the
Hazardous Materials Business Plan Program, Risk
Management and Prevention Plan Program, Aboveground
Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered
Permit On-Site Treatment Program. Prior to 2006, the City of San Rafael managed its own CUPA. This is now the sole responsibility of the County of Marin and is reflected in this administrative update. The City of San Rafael; however, was contracted with by the JPA to oversee the operation of the permanent HHW facility .The City will turn over the
oversight responsibility to the JPA July 1, 2023. With this change, we took the opportunity to update the agreement to reflect the change that occurred in 2006.
2 Last Revised: 3/26/964/6/2023
The Board member may be a member of the agency’s City/Town Council or Board of Supervisors or the agency’s staff.

A majority of the members of the Board of Directors will constitute a quorum for purposes of conducting business, and a majority of a quorum will be authorized to act on behalf of the Authority.

D. AB 939 Local Task Force. The Board will establish and be advised by an AB 939 Local Task Force, whose composition, duties and authority are specified in Public Resources Code Section 40950. The Task Force will include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved in the regulation and disposal of waste, and five public representatives with technical expertise in solid waste, recycling and organics management appointed by the member agencies serving on the Executive Committee established in this Agreement.

If a conflict between this preamble and the specifications contained in Article 1 through Article 17 is presented, it is the intent of this Agreement that the Articles are to be considered determinative.

ARTICLE 1: FACTS AND DECLARTAIONS
Solid Waste Management
WHEREAS, Sections 40900 to 43000 of the State Public Resources Code requires the County and each of its Cities to prepare, adopt, and implement source reduction and recycling elements and requires the County to prepare a county-wide siting element and a county integrated waste management plan; and
WHEREAS, the County, Cities, and Towns believe it would be to their mutual advantage and the public benefit to coordinate their power and authority to implement integrated waste management programs which meet the waste management requirements of State law; and Hazardous Waste Management
WHEREAS, Government Code Section 66780.8 and Health and Safety Code Section 25135 through 25135.8 establishes a planning process and requirements for the preparation, adoption, amendment, administration, and enforcement of County hazardous waste management plans: and Existing Solid Waste Management System
WHEREAS, an effective system of solid waste collection, recycling, diversion and disposal currently exists within the county involving franchised waste haulers.

Commented [SK2]: This was edited to add language to
ensure we have a qualified technical task force to serve as an advisory group to the JPA Board and provide feedback on progress towards our goals, new program needs, recycling markets, legislation, and funding as set forth in AB 939. 3 Last Revised: 3/26/964/6/2023
Role of Districts
WHEREAS, the Sanitary Districts of Almonte, Alto, Homestead Valley, Las Gallinas, Novato, and Ross Valley, and the Community Service Districts of Marin City and Tamalpais, and the Bolinas Community Public Utility District, and the Strawberry Recreation District and the Stinson Beach County Water District (hereafter collectively referred to as the "Districts") play a role in the regulation of the existing solid waste management system and will continue to exercise responsibilities in the effort to fully comply with State solid waste diversion goals; and WHEREAS, the County, Cities and Towns acting through this Agreement intend to strengthen the existing solid waste management system in the operation and development of future waste management activities; and
Joint Planning and Implementation
WHEREAS, the County, Cities and Towns believe that many of the programs and facilities described in the above mentioned elements and plans will be both long-term and most costeffectively provided on a multi-jurisdictional or county-wide basis; and WHEREAS, the County, Cities and Towns believe that a separate, special purpose agency responsible for, and capable of, preparation, adoption, revision, amendment, administration, and enforcement of the Marin County Integrated Waste Management Plan and, the Marin County Hazardous Waste Management Plan (hereafter referred to as the "Plans"), and planning, financing, implementing, managing, and maintaining of the related programs would be most cost-effective on a County-wide basis; and
WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) provides for joint action by two or more public agencies, and Public Resources Code section 41823 authorizes a city or county or agency formed under a joint exercise of powers agreement for the purpose of preparing and implementing source reduction and recycling elements on a countywide integrated waste management plan; and WHEREAS, it is the intent of the contracting agencies to utilize these statutory authorizations in this Agreement; and
4 Last Revised: 3/26/964/6/2023
Public Involvement
WHEREAS, the County, Cities and Towns intend to encourage ongoing community involvement in the development and implementation of future solid and hazardous waste activities by utilizing an AB 939 Task Force, advisory committees, community meetings, and other similar mechanisms to obtain public participation in these activities; and Legislation and Markets
WHEREAS, the County, Cities and Towns intend to actively promote markets for recycled materials and advocate legislation which furthers the reduce, reuse, recycle hierarchy; and Promoting Cost Effective Programs
WHEREAS, in the planning and implementation of countywide programs, the County, Cities and Towns intend to give particular attention to the cost-effectiveness of programs; and Sharing Of Costs In An Equitable Manner
WHEREAS, it is the intent of the County, Cities and Towns that costs for planning and implementing solid and hazardous waste programs will be based on a fair and equitable allocation system that considers previous investments of each member, the relative benefits to each member and the actual cost of service; and
NOW, THEREFORE, the Agencies agree as follows:

ARTICLE 2: DEFINITIONS
Certain words as used in this Agreement shall be defined as follows:

A. "Agencies" shall mean the County, Cities and Towns.

B. "Agreement" shall mean this agreement that establishes the County of Marin Hazardous and Solid Waste Joint Powers Authority.
5 Last Revised: 3/26/964/6/2023
C. "Authority" shall mean the County of Marin Hazardous and Solid Waste Joint Powers Authority.

D. "Board" shall mean the governing body of the County of Marin Hazardous and Solid Waste Joint Powers Authority.

E. "County" shall mean the County of Marin.

F. "Cities" shall mean the cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito.

G. "Towns" shall mean the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon.

H. "Executive Committee" shall mean the committee composed of the Chair and Vice-Chair of the Governing Board plus three additional members of the Governing Board as appointed by the Governing Board.

I. "Hazardous Waste Facility" shall mean a facility which includes all contiguous land and structures used for the handling, treating, recycling, storing or disposing of hazardous wastes.

J. "Members" shall mean the County, Cities or Towns which are signatories to this Agreement.

K. "Quorum" shall mean a majority of the Board Members.

ARTICLE 3: PURPOSE

3.1 Purpose of Agreement
The purpose of this Agreement is to establish a public entity separate from the County and each of the Cities and Towns. This public entity is to be known as the County of Marin Hazardous and Solid Waste Joint Powers Authority (hereafter referred to as the "Authority").

3.2 Purpose of Authority
The purpose of the Authority shall be to comply with Sections 40900 to 43000 of the Public Resources Code, Section 66780.8 of the Government Code and Health and Safety Code Sections 25135 through 25135.8.
6 Last Revised: 3/26/964/6/2023
a. Prepare, adopt, revise, amend, administer and enforce hazardous waste and solid waste plans.
b. Plan, finance, implement, manage and/or monitor multi-jurisdictional or county-wide programs and facilities related to the plans.
c. And other new requirements imposed on the member agencies by future acts of the State or Federal Government as agreed by the member agencies.

ARTICLE 4: CREATION OF MARIN COUNTY

WASTE MANAGEMENT AUTHORITY

4.1 Creation of Authority
There is hereby created by the County, Cities and Towns of Marin the Marin County Hazardous and Solid Waste Management Authority to exercise in the manner set forth in this Agreement the powers common to each of the Agencies.

4.2 Separate Entity
The Authority shall be a public entity separate from the Agencies. Pursuant to Government Code Section 6503.5, notice of the Agreement shall be filed with the Secretary of State within 30 days of this Agreement’s effective date. Pursuant to Government Section 6508.1 the debts, liabilities and obligations of the Authority shall not constitute the debts, liabilities or obligations of any parties to the Agreement.

ARTICLE 5: POWERS OF THE AUTHORITY

5.1 General Powers
The Authority shall have any and all powers authorized by law to the parties and may:
a. Prepare, adopt, revise, amend, administer and enforce the provisions of the Plans; b. Evaluate and recommend programs designed to achieve compliance with AB 939 in a cost effective manner,
c. Implement those programs for member agencies that choose to participate under section

6.2 of this Agreement;
d. Advise the members on issues related to regional hazardous and solid waste facilities and programs;
e. Advocate the interests of the members related to regional hazardous and solid waste facilities and programs with local, state and federal officials; f. Plan for regional hazardous and solid waste facilities and programs; g. Develop regional hazardous and solid waste programs; 7 Last Revised: 3/26/964/6/2023
h. Develop markets for the reuse of recyclable materials; i. Contract for the operation of regional hazardous and solid waste facilities and programs; j. Regulate rates of regional hazardous and solid waste facilities and programs; k. Advise on matters of hazardous and solid waste rates and charges.

Nothing in this Agreement shall be construed to authorize franchise of solid waste collection.

5.2 Specific Powers
In carrying out its general powers granted pursuant to the statutes noted in Section 5 .1, the Authority is hereby authorized to perform all acts necessary for the exercise of said powers which may include but are not limited to the following:
a. Adopt ordinances and resolutions,
b. Monitor performance,
c. Make and enter into contracts,
d. Apply for and accept grants, advances, and contributions, e. Employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary,
f. Conduct studies,
g. Acquire, hold or dispose of property,
h. Sue and be sued in its own name,
i. Appoint and retain legal counsel as necessary to fulfill its powers, duties and responsibilities under this Agreement
j. Incur debts, liabilities or obligations subject to limitations herein set forth, k. Levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law, against all entities to which the Agreement or law applies,
l. To adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement,
m. Issue bonds, subject to the provisions and limitations of the Government Code of the State of California,
n. Adopt annually, by July 1 of each fiscal year, an annual workplan and corresponding budget setting forth all administrative, operational and capital expenses for the Authority, and
o. Implement the programs authorized in Article 6, and
p. Indemnify the member agencies pursuant to Article 10.

5.3 By-Laws
The Board may adopt from time to time such policies, procedures, by-laws, rules or regulations for the conduct of its affairs as may be required.
8 Last Revised: 3/26/964/6/2023
ARTICLE 6: PROGRAMS OF THE AUTHORITY

6.1 Basic Programs of the Authority
It is agreed that the following functions will form the basic minimum programs to be undertaken by the Authority on behalf of all of the member agencies. a. Administration. Administrative functions of the Authority as related to this section. b. Planning. Preparation, amendment, administration and monitoring of the county-wide portions of the AB939 plans. This includes: the Source Reduction and Recycling Element, the Household Hazardous Waste Element, the Solid Waste Facility Siting Element, the Non-Disposal Facility Element and the Countywide Integrated Waste Management Plan.
c. Monitoring and Reporting. Comply with the requirements of the various identified statutes to maintain and report on efforts to meet the waste diversion goals of State law. d. Compliance Review. Develop, evaluate and recommend various programs designed to bring about compliance with AB 939 requirements for member agencies that choose to participate under section 6.2.
e. Legislation. Track legislation pertaining to hazardous and solid waste issues and recommend position statements to the Board of Directors.

6.2 Agency Election to Participate in Authority Programs Except for the basic programs listed in Section 6. l above, member agencies may, by formal action of their governing boards, choose whether or not they wish to participate in and fund programs to be developed by the Authority.

6.3 Contract with County and/or Others
The Authority intends to contract with the County and others to perform the programs as listed in Section 3 .2, "Purpose of Authority" and the "Basic Programs" of the Authority listed in Section

6.1. of this Agreement.

ARTICLE 7: ORGANIZATION OF AUTHORITY

7.1 Members
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a. The County, Cities and Towns may enter into this Agreement by July 1, 1996. b. The County, and any City or Town may be considered for membership in the Authority after July 1, 1996, by presenting an adopted resolution to the Board which includes a request to become a member of the Authority and Board and upon a majority affirmative vote of a quorum of the Board accepting the County, City or Town and upon payment of any charges and upon satisfaction of any conditions established by the Board as a prerequisite for membership.

7.2 Board
a. The Authority shall be governed by the "Board" which shall exercise all powers and authority on behalf of the Authority.
b. The Board shall consist of one member of the governing body or the chief administrative officer of the County and each of the Cities and Towns which are party to this Agreement. Upon execution of this Agreement, the governing body of the County and each of the Cities and Towns shall appoint its member of the Board and another member to serve as an alternate to the Board, to serve in the absence of the regular member. Each member and alternate shall serve at the pleasure of the governing body of the appointing agency. Any change in appointment of a member or alternate shall be by action of the governing body of the appointing agency.
c. A majority of the members of the Board shall constitute a quorum for the transaction of business. The Authority shall act upon majority vote of those in attendance, each member having one vote, of the members of the Board.
d. The Board shall elect by majority vote, from its members, a Chair and Vice Chair. The Chair shall represent the Authority and execute any contracts and other documents when required by the Rules of Procedure and/or By-Laws. The Vice-Chair shall serve in the absence of the Chair.

7.3 Executive Committee
a. The Executive Committee shall be responsible to the Board for the administration and management of Authority affairs, for the provision of assistance and advice to the Board. b. The Executive Committee shall be composed of the Chair and Vice-Chair plus three other members of the Governing Board elected by the Board. Three of the committee members must be from the County, San Rafael, and Novato. One representative shall be selected by the Southern Marin cities of Sausalito, Tiburon, Belvedere and Mill Valley.

One representative shall be selected by the Ross Valley cities of Ross, San Anselmo, Fairfax, Larkspur and Corte Madera.
c. Three members of the Executive Committee shall constitute a quorum for the transaction of business. No action shall be taken by the Executive Committee except upon a majority affirmative vote of the quorum (each member having one vote) of the members of the Executive Committee.
10 Last Revised: 3/26/964/6/2023
d. Members shall serve two-year terms and may be reappointed.

7.4 Additional Committees
a. The member agencies shall establish an AB 939 Local Task Force whose composition, duties and authority are described in Public Resource Code Section 40950. The Task Force so established shall be advisory to the Governing Board established under this Agreement.
b. The AB 939 Local Task Force shall include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved.in the regulation and disposal of waste, and five public representatives appointed by the member agencies serving on the Executive Committee established under this Agreement.
c. In addition to the Executive Committee and an AB 939 Local Task Force, the Board may from time to time establish additional committees to carry out Authority purposes, and appoint committee members from the Board, the legislative bodies or administration of member agencies, Authority staff, and/or staff of the member agencies. The Board may also establish and appoint members to citizen's advisory committees as deemed appropriate.
d. To the extent practical, the Board shall appoint members to committees in such a manner as to encourage the broadest possible participation of the member agencies.

ARTICLE 8: MEETINGS AND REPORTS

8.1 Board Meetings
a. The Board shall hold at least one (1) regular meeting each year as determined by the bylaws. b. Special meetings of the Board may be called in accordance with the provision of Section 54956 of the California Government Code.
c. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et. seq. of the California Government Code), and other applicable laws of the State of California requiring notice be given of meetings of public bodies. d. Minutes of all Board meetings will be kept and shall, as soon as possible after each meeting, be forwarded to each member and alternate member of the Board. e. The Chair of the Board shall cause correspondence to be prepared and delivered as directed by the Board.
11 Last Revised: 3/26/964/6/2023
f. The public agency with whom the Authority contracts with to provide services shall be the keeper of the official records of the Authority.

8.2 Executive Committee Meetings
a. The Executive Committee shall hold at least one (1) meeting each quarter. b. Special meetings of the Executive Committee may be called by the Chair, or by a majority of the members of the Executive Committee or at the direction of the Board. c. Minutes of all Executive Committee meetings will be kept and shall, as soon as possible after each meeting, be forwarded to members of the committee and to each member and alternate member of the Board.

8.3 Other Committee Meetings
a. Other Committee's shall hold meetings as may be called by the Committee Chair, or a majority of the members.
b. Minutes of all meetings will be kept and forwarded to members of the committee and to each member and alternate of the Board.

8.4 Progress Reports
At least annually, a report on the progress toward achieving the diversion goals of state law shall be prepared and distributed to members of the Governing Board.

ARTICLE 9: FUNDING

9.1 Authority Budget
The Board shall adopt an annual budget for the Authority's activities within ninety (90) days of the effective date of this Agreement and by June l of each succeeding year. Public funds may not be disbursed by the Authority without adoption of the approved budget and all receipts and disbursements shall be in strict accordance with the approved budget. The budget shall identify the programs of the Authority and allocate funds by program. The budget and accounting system shall account for direct and overhead costs by program. The Board shall allocate these costs for each program with the adoption of the annual budget.

9.2 Funding of the Authority
12 Last Revised: 3/26/964/6/2023
The Authority has the need and legal authority to levy fees and charges for programs, services and permits. The Authority is authorized to levy fees for only those programs identified in Section 6.1. Basic Programs of the Authority, and Section 6.2, Agency Election to Participate in Authority Programs. The funding for programs identified in Section 6.1 should be as specified in Section 9.2.B. The Authority is also authorized to levy fees and charges for administrative activities, permits and programs with independent funding. a. The Basic Programs of the Authority defined in Section 6.1 shall be funded as follows and adjusted annually as may be needed to fund the Basic Programs. i. A fee shall be charged directly to every franchised solid waste hauler in Marin County. The fee shall be based on a rate per ton of solid waste collected and disposed based on the 1994 disposed tonnages listed on Exhibit A attached to this Agreement. Exhibit A shall be amended within ninety (90) days after a member agency approves a new franchise and a fee shall be established in a manner determined by the Executive Committee. The base year will be adjusted every two years starting in July 1, 1998 based on the most recent state certified tonnages. The fee is to be paid in two equal payments due July 30 and January 30 of each year.
ii. A fee shall be charged at all permitted landfills in Marin County to all nonfranchised haulers. The fee shall be based on a rate per ton for all tons of waste disposed at the landfill. The landfills shall forward these fees collected on a monthly basis.
b. The Authority is authorized to establish additional programs as defined in Section 6.2 with the approval of the Board of Directors and the individual Authority members participating in any such additional programs. The funding mechanism for any additional programs shall be developed as a component of every additional program and must have approval by the Board of Directors and each member agency participating in any additional program. A..11 costs including overhead or administration of any additional program shall not be charged to the Basic Programs.
c. The Authority may charge fees to the extent allowed by law for administrative services rendered to the public or any member agencies such as, but not limited to, copying, processing fees, legal costs, preparation of reports, etc. The Authority may also charge to the extent allowed below for programs intended to be fully cost covering, such as permit fees, applications, EIRs, educational materials, such as decals and pamphlets, monitoring of any programs, permits or application approvals. All fees under this Section shall be approved by the Board of Directors in conjunction with the annual adoption of this Authority's budget.

9.3 Duties of Treasurer
13 Last Revised: 3/26/964/6/2023
a. The Board shall appoint a Treasurer from among the senior management staff of the member agencies. The Treasurer shall be either the County Auditor/Controller, or the Treasurer Tax Collector or the Finance Director of one of the members. b. The Treasurer shall serve as the depository and have custody of all Authority funds and establish and maintain such books, records, funds, and accounts as may be required by reasonable accounting practice, Government Code section 6505.The books and records of the Authority shall be open to inspection at all reasonable times to the County, Cities, and Towns and their representatives.
c. The Treasurer, within ninety (90) days after the close of each fiscal year (which shall be from July l to June 30), shall give a complete written report of all financial activities for such fiscal year to the County, Cities, and Towns.
d. The Treasurer shall prepare such financial reports as may be directed by the Board or Executive Committee.
e. The Treasurer shall cause an independent annual audit of the accounts and records to be conducted by a certified public accountant in compliance with the requirements of section 6505 of the Government Code and generally accepted auditing standards.

9.4 Debts and Liabilities
No debt, liability, or obligation of the Authority shall constitute a debt, liability, or obligation of any Agency and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the parties hereto may agree.

9.5 Disposition of Authority Funds Upon Termination
a. In the event of termination of the Authority where there is a successor public entity which will carry on the activities of the Authority and assume its obligations, Authority funds, including any interest earned on deposits remaining upon termination of the Authority and after payment of all obligations shall be transferred to the successor public entity. b. If there is no successor public entity which would carry on any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be provided in proportion to the contribution of each agency's ratepayers contributed during the term of this Agreement. Any such Authority funds received in this manner shall be used to defray the Agency's cost of hazardous and solid waste management programs or facilities.
c. If there is a successor public agency which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be allocated by the Board between the successor public entity and member agencies.
14 Last Revised: 3/26/964/6/2023
d. In the event the Authority is terminated under circumstances falling with (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to member agencies or any successor shall be final.

9.6 Financial Liability of Member Agencies
In the event of a default by the Authority, the member agencies shall be liable for the Authority's debts in a proportion equal to the contribution of each agency's ratepayers to the funding of the Authority.

ARTICLE 10: INDEMNIFICATION
The Authority shall acquire such insurance protection as is necessary to protect the interest of the Authority, the County, Cities, Towns and the public. The Authority created by this Agreement shall assume the defense of and indemnify and save harmless the County, Cities, Towns and each of their respective officers, agents and employees, from all claims, losses, damages, costs, injury and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of the Authority or the activities undertaken pursuant to this Agreement.

ARTICLE 11: EFFECTIVE DATE
This Agreement shall become effective when two-thirds (2/3) of the Cities, Towns and the County execute the Agreement, but not before July 1, 1996.

ARTICLE 12: TERMINATION
15 Last Revised: 3/26/964/6/2023
This Agreement may be terminated by the Board upon notice of withdrawal being received from a majority of the member agencies. Upon termination, payment of the obligations and division of the property of the Authority shall be conducted pursuant to Section 9.5 of Article 9 of this Agreement.

ARTICLE 13: AMENDMENTS
This Agreement may be amended only upon the two-thirds (2/3) affirmative vote of the Board.

ARTICLE 14: WITHDRAWAL
Any City, Town, or the County may withdraw from this Agreement effective July 1st of any year upon ninety (90) days, prior to the end of the fiscal year, written notice to the Authority. Upon withdrawal, a City, Town, or the County retains its financial obligations for current contracts executed to fulfill this Agreement, assumes responsibility for its obligations under AB 939, and assumes that responsibility at its own expense.

ARTICLE 15: SEVERABILITY
If any provision of this Agreement or its application to any person or circumstances is held invalid, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected.

ARTICLE 16: NOTICES
All notices to Agencies shall be deemed to have been given when mailed to the governing body of each agency.

ARTICLE 17: AGREEMENT COMPLETE
The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 16 Last Revised: 3/26/964/6/2023
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto.

ARTICLE 18: DESIGNATED ENTITY
This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties.

Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect.

This Amendment may be executed in any number of counterparts, each of which will be entitled to be the original and all of which will constitute one and the same agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto.

Commented [SK4]: This Article was added as an
administrative change to state that County laws shall apply to the JPA pursuant to Government Code 6509.
17 Last Revised: 3/26/964/6/2023
18 Last Revised: 3/26/964/6/2023
EXHIBIT A.
1994 DISPOSAL
TOTAL
TONS
1994 DISPOSAL (TONS)
Franchised Haulers Garbage & Debris
SelfHaul Commercial
Bay Cities 11,193 N/A N/A 11,193
Fairfax 4,158 N/A N/A 4,158
Marin Sanitary 53,007 N/A N/A 53,007
Mill Valley Refuse 28,074 N/A N/A 28,074
Novato Disposal 33,272 N/A N/A 33,272
San Anselmo 7,271 N/A N/A 7,271
Shoreline 6,742 N/A N/A 6,742
Tam CSD 2,321 N/A N/A 2,321
Total Franchised Hauler 146038 N/A N/A 146038
Facilities
Landfills
West Marin 1,755 3,879 5,634
Redwood 7,747 15,220 22,967
Total Landfills 9,502 19,099 28,601
MSS Transfer Station 3,722 3,722
Marin Resources Recovery 18,582 6,214 24,796
TOTALS 146038 28,084 25,313 203,157

RESOLUTION NO.

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

APPROVING AN AMENDMENT TO REVISED HAZARDOUS AND SOLID

WASTE JOINT POWERS AGREEMENT
WHEREAS, the County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon entered into an agreement in 1993 to create a Hazardous and Solid Waste Joint Powers Authority (JPA), also known as Zero Waste Marin, to work together on the mandates set forth in AB 939. The agreement was amended in 1995 and restated in 1996; and WHEREAS, the parties to the Zero Waste Marin JPA Agreement now desire an amendment to the Agreement to reflect administrative updates and changes to certain responsibilities; and WHEREAS, the City of San Rafael has determined that such adjustments are proper, in the best interest of all citizens, and will promote public health, safety and welfare; and WHEREAS, the City Council has reviewed and duly considered the Staff Report, Amendment, and other associated documents.

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

The “Amendment to Revised Hazardous and Solid Waste Agreement County of Marin” attached hereto as "Exhibit A” and incorporated herein by reference, is hereby approved and shall be included as part of the Hazardous and Solid Waste Agreement County of Marin. The City Manager is hereby authorized to execute the Amendment, subject to final approval as to form by the City Attorney.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 5th day of June, 2023, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
__________________________
LINDSAY LARA, City Clerk

EXHIBIT A
Last Revised 4/6/2023
[1]

AMENDMENT TO REVISED HAZARDOUS

AND SOLID WASTE JOINT POWERS

AGREEMENT COUNTY OF MARIN
This AMENDMENT, is entered into this __ day of ____, 2023 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities and Towns"), which are all within the County of Marin.

WITNESSETH:

WHEREAS, County, Cities and Towns entered into a Revised Hazardous and Solid Waste Joint Powers Agreement (“Agreement”) dated July 1, 1996 for the mutual exercise of certain functions to meet the goals of the Source Reduction and Recycling Element mandated by State Public Resources Code Sections 40900 to 43000 and the adoption and implementation of the Household Hazardous Waste Element required by Sections 25135 to 25135.8 of the Health and Safety Code; and WHEREAS, effective June 30, 2023, the City of San Rafael desires to terminate its agreement to operate the Household Hazardous Waste program on behalf of the Marin County Hazardous and Solid Waste Management Joint Powers Authority; and WHEREAS, the parties seek to make amendments to the Agreement to clarify the Agreement terms.

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby amend the Agreement as follows:

EXHIBIT A
Last Revised 4/6/2023
[2]

1. The Second Paragraph of Section A of the Preamble (Scope of the Agreement) is hereby amended and restated in its entirety and shall hereafter be and read as follows:

Responsibilities for programs in the Certified Unified Program Agency (CUPA), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program,
Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered Permit On-Site Treatment Program, are to be managed as provided for by state law. The County will administer these programs for the County, Cities and Towns.

2. Section D of the Preamble (AB 939 Local Task Force) is hereby amended and shall hereafter be and read as follows:

The Board will establish and be advised by an AB 939 Local Task Force, whose composition, duties, and authority are specified in Public Resources Code Section 40950. The Task Force will include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved in the regulation and disposal of waste, and five public representatives with technical expertise in solid waste, recycling and organics management appointed by the member agencies serving on the Executive Committee established in this Agreement.

3. Article 18 is added to the Agreement as follows:

ARTICLE 18: DESIGNATED ENTITY
Except as otherwise permitted by law, and pursuant to Government Code section 6509, the parties hereby designate that the JPA shall be subject to the restrictions upon the manner of exercising its powers that are applicable to the County.

EXHIBIT A
Last Revised 4/6/2023
[3]

4. This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties.

5. Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect.

6. This Amendment may be executed in any number of counterparts, each of which will be entitled to be the original and all of which will constitute one and the same agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto.

EXHIBIT A
Last Revised 4/6/2023
[4]

COUNTY OF MARIN
Date: ________________ Title: _________________ Signature: _________________________

CITY OF BELVEDERE
Date: ________________ Title: _________________ Signature: _________________________

CITY OF LARKSPUR
Date: ________________ Title: _________________ Signature: _________________________

CITY OF MILL VALLEY
Date: ________________ Title: _________________ Signature: _________________________

CITY OF NOVATO
Date: ________________ Title: _________________ Signature: _________________________

CITY OF SAN RAFAEL
Date: ________________ Title: _________________ Signature: _________________________

CITY OF SAUSALITO
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF CORTE MADERA
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF FAIRFAX
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF ROSS
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF SAN ANSELMO
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF TIBURON
Date: ________________ Title: _________________ Signature: _________________________ Agenda Item 5.g i
City of San Rafael
Proclamation in Recognition of
THE MONTHLONG CELEBRATION OF LGBTQIA+ PRIDE
JUNE 2023
WHEREAS, the City Council of the City of San Rafael recognizes and proclaims the month of June 2023 as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and more (LGBTQIA+) “Pride Month;” and WHEREAS, in honor of the 1969 Stonewall Riots in Manhattan, led by trans women of color, and the subsequent first Pride March in New York City in June 1970, each June, Americans come together to celebrate LGBTQIA+ individuals and communities, and to show support of the rights of all citizens to experience equality and freedom from discrimination; and WHEREAS, the City of San Rafael has a diverse LGBTQIA+ community and is committed to supporting visibility, dignity, and equity for all; and WHEREAS, LGBTQIA+ individuals continue to face hate, discrimination and persistent efforts to undermine their human rights in the US and worldwide, and face higher rates of depression and suicide than any other demographic subset, particularly among the trans community; and WHEREAS, the City of San Rafael observes June as a dedicated month to celebrate our dynamic LGBTQIA+ community, educate and raise awareness of quality services, and foster a dialogue to promote healthy, safe, and prosperous school climates and communities for all; and WHEREAS, the rainbow flag is widely recognized as a symbol of pride, inclusion, and support for social movements that advocate for LGBTQIA+ people in society, the City of San Rafael will observe Pride Month with a Pride flag raising ceremony to honor the history of the LGBTQIA+ history, perseverance, and legacy.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael recognizes June as “Lesbian, Gay, Bisexual, Transgender, Queer, and more (LGBTQ+) Pride Month” in the City of San Rafael, to inspire equity, create alliances, celebrate diversity, and establish safe environments in our schools and communities throughout the City, and to unequivocally show this support, directs staff to fly the Progress Pride Flag at City Hall for the entirety of the month of June.

Kate Colin
Mayor
Agenda Item 5.g ii
City of San Rafael
Proclamation in Recognition of

JUNETEENTH
June 19, 2023
WHEREAS, Juneteenth, also known as “Freedom Day” or “Emancipation Day,” nationally celebrates the date in 1865 when the people of Galveston, Texas, were informed that two years prior, by Executive Order, all enslaved people in the United States were freed; and
WHEREAS, the day was originally celebrated in Texas on June 19, 1866, and on June 17, 2021, the Juneteenth National Independence Day Act was signed into law, marking the dates as a federal holiday; and
WHEREAS, over 100 years of tributes, commemoration, and gatherings have been held to celebrate the ending of enslavement and to acknowledge and honor the individuals, families, and descendants of those who had been deprived of freedom and dignity; and
WHEREAS, these celebrations are a time for reflection and rejoicing and to celebrate African American culture and achievements through prayer and religious services, speeches, educational and community events, family gatherings and picnics, and festivals with food, music, and dancing; and WHEREAS, the City of San Rafael embraces diversity, equity, inclusion and belonging and believes that all people are valued and welcomed; and WHERAS, the City of San Rafael, its elected officials, and our employees acknowledge the significance of this day, and the importance of African American culture, resilience, and achievements in our local, state, and nation’s history.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim Juneteenth, June 19, 2023, as an official holiday for the City of San Rafael in observance of the emancipation of enslaved persons in the United States and the City reaffirms its commitment to safeguard the civil rights, safety, and dignity of all its residents.

Kate Colin
Mayor
Agenda Item 5.g iii
City of San Rafael
Proclamation in Celebration of
NATIONAL PUBLIC WORKS WEEK 2023
WHEREAS, Public Works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of San Rafael; and
WHEREAS, Public Works personnel are involved in the maintenance, planning, design, and construction of streets, transportation facilities, parks, storm drains, public buildings, and other structures and facilities essential for our residents as well as right-of-way management and emergency operations and response; and
WHEREAS, Public Works personnel are essential workers who continue to work hard every day to keep our community safe and functional, with various responsibilities related to storm disasters, wildfires and other emergency operations; and
WHEREAS, it is in the public interest for community members, civic leaders, and children in the City of San Rafael to gain knowledge of and to maintain an ongoing interest in and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association; and WHEREAS, the 2023 National Public Works theme is “Connecting the World Through Public Works” expressing the connection we share through infrastructure and service, and enhancing the quality of life for the communities we professionals serve;
NOW, THEREFORE, the City Council of the City of San Rafael, Hereby Proclaims the week of May 21-27, 2023 as National Public Works Week; and furthermore call upon all community members and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works personnel make every day to protecting our health, safety, comfort, and quality of life.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.h
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Alissa Curtin
Administrative Services Analyst
City Manager Approval: ______________
TOPIC: LGBTQIA+ PRIDE MONTH AND DISPLAY OF PRIDE FLAG
SUBJECT: RESOLUTION DELCARING JUNE 2023 AS LGBTQIA+ PRIDE MONTH AND

AUTHORIZING THE ANNUAL DISPLAY OF THE PRIDE FLAG DURING THE MONTH

OF JUNE ON THE CITY HALL FLAGPOLE
RECOMMENDATION:

Adopt the resolution to proclaim June 2023 as LGBTQIA+ Pride Month and approve the annual display of the Pride Flag on the City Hall flagpole for the month of June.

BACKGROUND:

Over the past two years, the City Council has declared by proclamation the month of June as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual, and more (LGBTQIA+) Pride Month in the City of San Rafael.

In accordance with the City’s Revised Outdoor Flag Display Policy (October 2021), the City has raised the commemorative Pride Flag on the City Hall flagpole during the month of June each year. This policy allows for the display of commemorative flags when the request is brought forth by a City Council member.

Mayor Kate Colin requested the display of the Pride Flag on the City Hall flagpole for the month of June 2023, to commemorate Pride Month.

In addition, Mayor Kate Colin made the request to establish the annual permanent action of displaying the Pride flag on the City Hall flagpole at the start of the month of June and for the duration of the month, unless withdrawn by a future resolution.

ANALYSIS:

The annual proclamation of June as LGBTQIA+ Pride Month will be further committed through this resolution to declare June 2023 as LGBTQIA+ Pride Month and by the approval of the annual display of the Pride Flag during the month of June. This will allow the flag to be displayed beginning the first of June, through the end of the month, in perpetuity, unless withdrawn by a future resolution.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT:

There is no fiscal impact associated with this report.

OPTIONS:

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

1. Adopt resolution.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt the resolution to proclaim June 2023 as LGBTQIA+ Pride Month and approve the annual display of the Pride Flag on the City Hall flagpole for the month of June.

ATTACHMENTS:

1. Resolution

2. Outdoor flag policy (October 2021)
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE DECLARATION OF JUNE 2023 AS LGBTQIA+ PRIDE MONTH AND AUTHORIZING

THE ANNUAL DISPLAY OF THE PRIDE FLAG DURING THE MONTH OF JUNE ON

THE CITY HALL FLAGPOLE
WHEREAS, the City of San Rafael has celebrated LGBTQIA+ Pride Month in June and wishes to declare June 2023 as LGBTQIA+ Pride Month; and WHEREAS, whereas the October 2021 revised Outdoor Flag Display Policy states that if requested by a City Council member, and with the authorization of the City Council at a meeting of the City Council, a commemorative flag can be flown on the City Hall flagpole for a reasonable period but no longer than thirty-one days; and WHEREAS, Mayor Kate Colin has requested the display of the Pride Flag on the City Hall flagpole for the month of June 2023, to commemorate Pride Month; and WHEREAS, Mayor Kate Colin made the request to establish the annual permanent action of displaying the Pride flag on the City Hall flagpole for the month of June, unless withdrawn by a future resolution.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the declaration of June 2023 as LGBTQIA+ Pride Month and authorizes the annual display of the Pride Flag during the month of June on the City Hall flagpole.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 5th day of June 2023, 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: 5.i
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Chris Hess, Assistant Director
Alexis Captanian, Housing Analyst
City Manager Approval: ______________
TOPIC: COOPERATION AGREEMENT WITH COUNTY OF MARIN FOR GRANT PROGRAMS SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

AUTHORIZING EXECUTION OF A THREE-YEAR AMENDMENT TO THE
CITY’S COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR

THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME

PROGRAMS
RECOMMENDATION: Adopt resolution authorizing amendment to the City’s Cooperation agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME programs.

BACKGROUND:

The Community Development Block Grant Program (CDBG) provides grants from the U.S. Department of Housing and Urban Development (HUD) to local governments for housing, community facility, and public service programs serving lower-income people. The Home Investment Partnerships Program (HOME) provides additional assistance for affordable housing activities.

Marin County’s Federal Grants Team, part of its Community Development Agency (CDA), is asking all Marin County cities and towns to renew existing three-year Cooperation Agreements to participate in a single joint countywide program for HOME and CDBG allocations. The current CDBG cooperation agreement (Attachment 2) will expire this year, and for the County to continue receiving maximum funds for federal fiscal years 2024-2026 (on the October 1 – September 30 funding calendar), and subsequent three-year periods thereafter, it is necessary for each city and the county to renew their joint participation by formally executing an amendment by June 30, 2023. See Attachment 3 for the City of San Rafael’s proposed amendment.

Prior three-year cooperation agreements signed by the City since 2008, have provided efficiencies in application and administration of funding to the city and other Marin County jurisdictions. By applying jointly, Marin County jurisdictions can collectively qualify as a HUD “urban county,” enabling Marin to receive annual CDBG and HOME grant allocations established by formula. The urban county designation allows the jurisdictions to jointly apply for, claim, administer and report on their funding under the umbrella of the County’s Federal Grants Division of its CDA.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Funding recommendations are overseen by a Countywide Priority Setting Committee (PSC) made up of City and Town Council members, a County Supervisor, and community residents representing members of the protected classes (race, color, national origin, religion, sex, familial status, or disability) under fair housing laws. Under the cooperative agreement, the City is responsible for allocating CDBG funding for projects serving the San Rafael planning area. The City Council provides its recommendations to the PSC, which in turn provides San Rafael’s recommendations, along with recommendations for the two other planning areas to the Board of Supervisors (BOS).

Additionally, by designating the County of Marin as the entitlement jurisdiction, the County is taking on the responsibilities of managing and administering the CDBG and HOME programs. These responsibilities include disseminating program funds, Davis-Bacon Compliance, NEPA reviews, development and updating of consolidated plans and annual action plans, and all CDBG and HOME related monitoring and reporting.

In the proposed First Amendment to the Cooperation Agreement, County staff made minor changes to the language as required to comply with the latest HUD guidelines for the urban county qualification.

This language reflects new requirements to conduct the grant process in ways that affirmatively further fair housing.

For the 2023 federal fiscal year the City’s funding portion brought $265,000 to housing project funding, $150,000 to capital projects, and $70,000 to public services. HOME funding County-wide totaled more than $2.9 million in 2023, which was awarded through the County’s March 2023 Affordable Housing NOFA. The County takes approximately twenty percent (20%) of the CDBG funds that are awarded annually, and 15% of HOME funds annually, to cover administrative expenses.

ANALYSIS:

Changes from 2020 Cooperation Agreement
The 2020 Cooperation Agreement (Attachment 2) was set to automatically be renewed for three years, unless the City provides notice of its intent to discontinue the agreement, and unless programmatic changes require the County to replace or amend the agreement. In this case, the County sees the need to update the agreement to reflect grantee responsibilities to affirmatively further fair housing, and updates the dates to fiscal years 2024-2026..

In addition to agreeing to required textual changes, the City will execute a HUD 424-B form “Applicant and Recipient Assurances and Certifications” (Attachment 4). In executing form 424-B, the City will commit to comply with relevant portions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the American Disabilities Act, the Age Discrimination Act of 1975, the Fair Housing Act as amended, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Housing and Community Development Act of 1974, the National Environmental Policy Act, and the prohibition of use of federal funds for lobbying.

Finally, the City will send a letter to HUD (Attachment 5) indicating its desire to defer its “metropolitan city” status and remain part of the CDBG urban county for an additional three fiscal years.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The City’s Status in Absence of a Cooperation Agreement With a population over 50,000, San Rafael meets the criteria to establish itself as an “entitlement jurisdiction” as a “metropolitan city,” which would allow the City to receive its proportion of CDBG and HOME funding independently of other Marin jurisdictions. By entering into this Cooperation Agreement, San Rafael is relinquishing this authority and designating the County of Marin as the entitlement jurisdiction through the “urban county” HUD qualification.

Failure to renew would mean that the City would not be considered part of the urban county for fiscal years 2024-2026. The City would need to apply for and administer its own funding independently, while obtaining an administrative fee that could be too small to cover the costs of operating the program.

Furthermore, without the City of San Rafael’s participation, the collaborative would lack a sufficient population to meet the urban county designation, causing other qualified jurisdictions to lose the benefits and efficiencies of the collaborative.

Staff Recommendation
Staff recommends that City Council adopt the Resolution to approve and authorize the Mayor to execute on behalf of the City, a three-year amendment to its Community Development Block Grant Cooperation Agreement with the County of Marin, to execute the required HUD 424-B Assurance and Certifications form for CDBG grantees, and to send HUD a letter stating its intention to participate in a collaborative process.

FISCAL IMPACT:

There is no fiscal impact associated with continuing the CDBG Cooperation Agreement with the County of Marin.

It is important to note that in return for managing the CDBG and HOME programs, the County of Marin does take approximately twenty percent (20%) of the CDBG funds that are awarded annually to cover administrative expenses. This practice is allowed per Section 3 of the cooperation agreement. County of Marin staff have indicated that these funds do not fully recuperate their CDBG and HOME-related administrative expenses.

OPTIONS:

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

1. Adopt resolution

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Reject resolution and direct staff to renegotiate Cooperation Agreement.

RECOMMENDED ACTION:

Adopt Resolution
ATTACHMENTS:

1. Resolution

2. 2020 Cooperation Agreement

3. Proposed Amendment to 2020 Cooperation Agreement

4. HUD 424-B Assurances and Certifications

5. Letter to HUD to defer “metropolitan city” status
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A THREE-YEAR AMENDMENT TO THE CITY’S COOPERATION

AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) AND HOME PROGRAMS
WHEREAS, it is mutually desired by the City of San Rafael and the County of Marin that they may amend and extent their existing Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community renewal and lower income housing assistance activities; and WHEREAS, as a result of the Cooperation Agreement between the Marin cities and towns and the County of Marin, Marin has received over $79 million in CDBG and HOME funding for housing and community facilities and public service projects benefitting lower income persons since 1975;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael approves and authorizes the Mayor, on behalf of the City, to execute an amendment to the Cooperation Agreement with the County of Marin for the Community Development Block Grant Program, the HOME Investment Partnerships Program and the Emergency Solutions Grants Program. The three-year period shall be for the federal Fiscal Years 2024, 2025, and 2026.

BE IT FURTHER RESOLVED, that the City hereby adopts the policies included in the Cooperation Agreement, including by authorizing the Mayor, on behalf of the City, to execute the City’s HUD 424-B Assurances and Certifications form.

I, Lindsay Lara, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 5th day of June, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

FIRST AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF

MARIN AND CITY OF SAN RAFAEL FOR A COMMUNITY DEVELOPMENT PROGRAM This FIRST AMENDMENT (“First Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and City of San Rafael, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as “Parties,” dated on or about June 24, 2020 (“Cooperation Agreement”), is hereby entered into between the Parties, effective July 25, 2023.

The purpose of this First Amendment is to renew the Cooperation Agreement for federal fiscal years 2024-2026 and to incorporate into the Cooperation Agreement language as required by the U.S.

Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02.

Accordingly, the County of Marin and the City hereby agree as follows:

1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows:

County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws.

Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county’s actions to comply with the county’s fair housing certification shall be prohibited. The City must also sign the assurances and certifications in the HUD 424- B, attached hereto.

Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503.

County, City, all other cooperating cities, metropolitan cities, urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.

2. Amendment to Fiscal Year References. All references in the Cooperation Agreement to “federal fiscal years 2021, 2022, and 2023” are hereby amended to refer to “federal fiscal years 2021, 2022, 2023, 2024, 2025, and 2026.”

3. All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this First Amendment remain in full force and effect.

4. Authority to Execute Amendment. The person signing on behalf of the City of San Rafael certifies to the County that he/she/they has the authority to execute this First Amendment, and that execution of this First Amendment on behalf of the City is in accord with all City processes for obtaining such signature. The person executing this First Amendment on behalf of the City recognizes that the County will rely on this certification in order to procure funds from HUD for use by the City.

IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written.

COUNTY OF MARIN CITY OF SAN RAFAEL
By: By:

Stephanie Moulton-Peters, President
Board of Supervisors Mayor Kate Colin
ATTEST: ATTEST:

Deputy Clerk of the Board Clerk
MASTER FORM APPROVED AS TO FORM:

Brandon Halter
Deputy County Counsel
County of Marin

FIRST AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF

The purpose of this First Amendment is to renew the Cooperation Agreement for federal fiscal years 2024-2026 and to incorporate into the Cooperation Agreement language as required by the U.S.

Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02.

Accordingly, the County of Marin and the City hereby agree as follows:

1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows:

5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws.

Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503.

3. All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this First Amendment remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written.

COUNTY OF MARIN CITY OF SAN RAFAEL
By: By:

Stephanie Moulton-Peters, President
Board of Supervisors Mayor
ATTEST: ATTEST:

Deputy Clerk of the Board Clerk
MASTER FORM APPROVED AS TO FORM:

Brandon Halter
Deputy County Counsel
County of Marin
Form HUD 424-B (1/27/2023)
Applicant and Recipient
Assurances and Certifications
U.S. Department of Housing
and Urban Development
OMB Number: 2510-0017
Expiration Date: 1/31/2026
Instructions for the HUD 424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual, must provide the following assurances and certifications. The Responsible Civil Rights Official has specified this form for use for purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39.

By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct.

As the duly representative of the applicant, I certify that the applicant: [Insert below the Name and title of the Authorized Representative, name of Organization and the date of
signature]:
*Authorized Representative Name:
*Title:
*Applicant/Recipient Organization:

1. Has the legal authority to apply for Federal assistance, has the institutional, managerial and financial capability (including funds to pay the non-Federal share of program costs) to plan, manage and complete the program as
described in the application and the governing body has duly authorized the submission of the application, including these assurances and certifications, and authorized me as the official representative of the application to act in connection with the application and to provide any additional information as may be required.

2. Will administer the grant in compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000(d)) and
implementing regulations (24 CFR part 1), which provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to
discrimination under any program or activity that receives Federal financial assistance OR if the applicant is a
Federally recognized Indian tribe or its tribally designated housing entity, is subject to the Indian Civil Rights Act (25 U.S.C. 1301-1303).

3. Will administer the grant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
amended, and implementing regulations at 24 CFR part 8, the American Disabilities Act (42 U.S.C. §§ 12101 et.seq.), and implementing regulations at 28 CFR part 35 or 36, as applicable, and the Age Discrimination Act of 1975 (42
U.S.C. 6101-07) as amended, and implementing regulations at 24 CFR part 146 which together provide that no person in the United States shall, on the grounds of disability or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity that receives Federal financial
assistance; except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.

4. Will comply with the Fair Housing Act (42 U.S.C. 3601- 19), as amended, and the implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion sex (including gender identity and sexual orientation), disability, familial status, or national origin and will affirmatively further fair housing; except an applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program
authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.

5. Will comply with all applicable Federal nondiscrimination requirements, including those listed at 24 CFR §§ 5.105(a) and 5.106 as applicable.

6. Will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) and implementing regulations at 49 CFR part 24 and, as applicable, Section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(d))
and implementing regulations at 24 CFR part 42, subpart A.

7. Will comply with the environmental requirements of the National Environmental Policy Act (42 U.S.C. 4321 et.seq.) and related Federal authorities prior to the commitment or expenditure of funds for property.

8. That no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification.

If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard FormLLL, Disclosure Form to Report Lobbying. I certify that I shall require all subawards at all tiers (including sub-grants and contracts) to similarly certify and disclose accordingly.

Federally recognized Indian Tribes and tribally designated housing entities (TDHEs) established by Federallyrecognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage by the Byrd Amendment, but State-recognized Indian tribes and
TDHs established under State law are not excluded from the statute’s coverage.

I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct.

WARNING: Anyone who knowingly submits a false claim
or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802).
* Signature:
* Date: (mm/dd/yyyy):

Form HUD 424-B (1/27/2023)
Public Reporting Burden Statement: The public reporting burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the Chief Data Officer, R, 451 7th St SW, Room 4176, Washington, DC 20410-5000. Do not send completed HUD-424B forms to this address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. The Department of Housing and Urban Development is authorized to collect this information under the authority cited in the Notice of Funding Opportunity for this grant program. The information collected provides assurances and certifications for legal requirements related to the administration of this grant program. HUD will use this information to ensure compliance of its grantees. This information is required to obtain the benefit sought in the grant program.

This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act (5 U.S.C. §552).

June 30, 2023
Angelo Tom
Community Planning and Development Division
US Department of Housing and Urban Development
One Sansome Street
3rd Floor, Suite 1200
San Francisco, CA 94104
Dear Angelo:

In 2008, the City of San Rafael chose to defer its “metropolitan city” status for the Community Development Block Grant Program (“CDBG“) and remain part of the CDBG urban county for the threeyear qualification period for appropriations for federal fiscal years 2009-2011.

The City of San Rafael chose to continue to defer its “metropolitan city” status for the CDBG program and remain part of the CDBG urban county for fiscal years 2012-2023.

The City of San Rafael wishes to continue to defer its “metropolitan city” status, maintain its current relationship with the County of Marin, and remain part of the CDBG urban county for the three-year qualification period for appropriations for federal fiscal years 2024, 2025, and 2026. This action was approved by the City Council of the City of San Rafael on June 5, 2023.

Sincerely,
Kate Colin, Mayor
City of San Rafael
CC: Leelee Thomas, Deputy Director, Marin County CDA
Eli Hill, Priority Setting Committee Member
Alicia Giudice, Community Development Director
Chris Hess, Assistant Community Development Director
____________________________________________________________________________________

FOR CITY CLERK ONLY
File No.: _______________________________
Council Meeting: _______________________
Agenda Item No: 5.j
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Administrative Services/Library & Recreation Prepared by:

Claire Coleman, Senior Management Analyst
Jill Tokutomi, Assistant Director,
Library & Recreation City Manager Approval: ______________ TOPIC: ANNUAL ADJUSTMENT TO THE LIBRARY PARCEL TAX
SUBJECT: REPORT CONCERNING THE ANNUAL CONSUMER PRICE INDEX (CPI) RATE

ADJUSTMENT FOR THE SPECIAL LIBRARY SERVICES PARCEL TAX FOR THE FISCAL YEAR JULY 1, 2023 THROUGH JUNE 30, 2024 AS SPECIFIED IN VOTERAPPROVED MEASURE D (SAN RAFAEL MUNICIPAL CODE CHAPTER 3.36) RECOMMENDATION: Accept report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year 2023-24, from July 1, 2023 through June 30, 2024, based upon the Consumer Price Index (CPI) as authorized by Section 3.36.030 of the San Rafael Municipal Code.

BACKGROUND: On June 7, 2016 the San Rafael community voted in favor of Measure D, amending SRMC Chapter 3.36 by extending, revising and increasing the existing Special Library Services Parcel Tax (“Tax”) as adopted in Ordinance No. 1942 on July 18, 2016. The approved Measure D tax rates were first assessed for the fiscal year July 1, 2017 through June 30, 2018 and levied for a period of nine (9) years. SRMC section 3.36.030, Imposition of the Tax, provides for an annual CPI adjustment commencing with the second year of the Tax.

ANALYSIS: SRMC section 3.36.030, “Imposition of the Tax” stipulates that an annual adjustment to the Tax rate shall be applied commencing in the second year based on the annual percentage increase, if any, in the previous fiscal year to the San Francisco-Oakland-Hayward Price Index for All Urban Consumers ("CPI"). The rate increase cannot exceed three percent annually and the rate cannot be adjusted downward.

Utilizing the Bureau of Labor Statistics - Western CPI Summaries (BLS-WS) for the San FranciscoOakland-Hayward, CA, All Urban Consumers Index, the April 2022 Index was 324.878 and the April 2023 Index was 338.496 resulting in a twelve (12) month composite Index of 4.19 percent increase over the previous year’s index. The Measure D CPI adjustment cannot exceed 3 percent.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Adjusting the Library Tax Rate by 3 percent for the upcoming fiscal year 2023-24 will increase annual Measure D Tax Revenue from $1,139,177 (FY 2022-23) to $1,173,352 (FY 2023-24), an increase of $34,175.

Section 3.36.030 Imposition of Tax:

Parcel Rate Types FY 21-22 Rates
FY 22-23 Rates with CPI
Adjustment
Single Family Residential Parcel $67.06 $69.06
Multi-Family Residential or Other
Residential Parcel
$67.06 + $11.36 per
Living unit, in excess of
one, up to a maximum of
$1,137.44 per year per
parcel
$69.06 + $11.70 per
Living unit, in excess of
one, up to a maximum of
$1,171.56 per year per
parcel
Non-Residential Parcel $67.06 $69.06
Any additional funds will be used in accordance with the language of Measure D, to “maintain library hours, equipment, materials, and services for children, teens, and adults.” Additionally, any increase in revenue will help to offset the decrease in revenue seen annually due to the increasing number of senior exemptions filed for the tax.

FISCAL IMPACT: The application of the 3 percent increase will generate an additional $34,175 in Measure D revenue for the fiscal year 2023-24. These revenues will be recorded in the Measure D special revenue fund.

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

1. Accept the report.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Accept report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year 2023-24, from July 1, 2023 through June 30, 2024, based upon the Consumer Price Index (CPI) as authorized by Section 3.36.030 of the San Rafael Municipal Code. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.k
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Darin White, Fire Chief
Thomas Wong, Senior
Management Analyst
City Manager Approval: ______________
TOPIC: AGREEMENT TO PARTICIPATE IN PUBLIC PROVIDER GROUND EMERGENCY

MEDICAL TRANSPORTATION INTERGOVERNMENTAL TRANSFER PROGRAM (PP-GEMT)
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CERTIFICATION FORM FOR THE SAN RAFAEL FIRE DEPARTMENT TO

PARTICIPATE IN AN INTERGOVERNMENTAL TRANSFER (IGT) WITH THE

CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (DHCS) FOR

REIMBURSEMENT OF PUBLIC PROVIDER GROUND EMERGENCY MEDICAL

TRANSPORTATION (PP-GEMT) SERVICES FOR THE SERVICE PERIOD OF JANUARY 1, 2023, THROUGH DECEMBER 31, 2023, AND TRANSFERS TO DHCS NOT TO EXCEED $910,000
RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute a certification form for the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California Department of Health Care Services (DHCS) for reimbursement of PP-GEMT services for the service period of January 1, 2023, through December 31, 2023, and make transfers not to exceed $910,000.

BACKGROUND:

In accordance with California Assembly Bill 1705 (Chapter 544, Statues of 2019), the Department of Health Care Services developed the Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program (PP-GEMT) program to provide reimbursements, by application of an add-on increase, to emergency medical transports provided by eligible public GEMT providers. This program starts on January 1, 2023, and replaces the Ground Emergency Medical Transportation Program (GEMT), which ended on December 31, 2022. The City previously participated in the GEMT annually, since 2009.

Both the former GEMT and the newer PP-GEMT are programs to assist the City in recovering costs associated with the provision of Emergency Medical Services (EMS) to individuals who are covered by Medi-Cal. While PP-GEMT and the former GEMT share a name, the funding sources that support each program are not the same. GEMT relied on State revenue, while PP-GEMT relies on Federal revenues.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
This change in funding structure allows PP-GEMT to increase revenues, resulting in additional annual funding for the City.

ANALYSIS:

Participation in the PP-GEMT program is mandatory for public provider agencies and provides an important opportunity for the City to collect additional ambulance transport fees that would otherwise be unavailable. Mandatory participation requires the City to collect and receive these additional ambulance transport fees for each Medi-Cal transport the City provides.

While the PP-GEMT program is mandatory, cities, counties, and other public providers in the State may optionally transfer funds to the State to support the program. This optional transfer, also referred to as an Intergovernmental Transfer (IGT), allows the PP-GEMT program to secure Federal matching funds that are the basis for providing additional add-on revenues for each Medi-Cal patient transported.

Without these matching funds from public providers, the State would not have adequate funds to receive the Federal match. If the State does not receive adequate matching funds, the program would cease to exist. While the IGT is optional, staff recommends the City provide the IGT to ensure ongoing revenues associated with PP-GEMT continue.

DHCS has been working with the San Rafael Fire Department on estimating the benefits of the new PP-GEMT since the fall of 2022. This estimating process has been challenging as DHCS cannot legally mandate that government agencies participate in the IGT portion of the program. Since the IGT is optional, the revenue that DHCS collects from providers to use as a federal match is solely dependent on the number of agencies that choose to make the transfer. If there is a lack of participants, agencies that do participate may be required to pay a higher rate, and the program may not have enough funding to continue, jeopardizing this critical source of EMS funding.

Due to the uncertainty of the number of agencies opting to make optional IGTs, the California Fire Chiefs Association (CFCA) has taken an active role in ensuring that all eligible agencies participate in the IGT. Thus far, the outreach done at the State level has dramatically increased the number of participants that have committed to providing the optional IGT. This increase in participation has decreased the amount the City is currently estimated to owe versus earlier estimates. Currently, only a handful of smaller agencies have yet to commit to providing their annual IGT, according to information from CFCA. The broad support of public providers committing to making these transfers is in recognition of the importance of the additional net benefit the program provides to agencies.

FISCAL IMPACT:

Yearly costs and benefits from the program to the City are dependent on the number of Medi-Cal transports the City provides in a calendar year. Using last year’s Medi-Cal transport data, it is estimated that the City’s 2023 IGT to the State will be $828,536. The City estimates that the revenues from the PP-GEMT program will total $1,539,822 in increased Medi-Cal payments for each Medi-Cal transport that the City provides. This includes additional new revenues of $711,285. The proposed funds to be transferred to the State will be allocated from the Department’s Paramedic Tax Service Fund (210).

Time Period Funding
Source
Estimated
Transfer Amount
to DHCS
Estimated
Additional New
Funds
Estimated
Funds Returned
to City
2023 Calendar
Year Fund 210 $828,536 $711,285 $1,539,822
The PP-GEMT Certification Form lists an initial transfer of $200,433, which is the first of three transfers this calendar year totaling an estimated $828,536. Staff recommends the Council authorize total SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
transfers not to exceed $910,000 which would account for a 10% contingency in the event that fewer agencies participate or the Fire Department transports additional Medi-Cal patients, both of which could lead to higher transfers than expected.

OPTIONS:

1. Adopt the resolution as presented.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute a certification form for the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer program with the California Department of Health Care Services (DHCS) for reimbursement of PP-GEMT services for the service period of January 1, 2023, through December 31, 2023, and make transfers not to exceed $910,000.

ATTACHMENTS:

1. Resolution

2. PP-GEMT Certification Form
1 RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATION FORM

FOR THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN

INTERGOVERNMENTAL TRANSFER (IGT) WITH THE CALIFORNIA DEPARTMENT OF

HEALTH CARE SERVICES (DHCS) FOR REIMBURSEMENT OF PUBLIC PROVIDER

GROUND EMERGENCY MEDICAL TRANSPORTATION (PP-GEMT) SERVICES FOR THE SERVICE PERIOD OF JANUARY 1, 2023, THROUGH DECEMBER 31, 2023, AND TRANSFERS TO DHCS NOT TO EXCEED $910,000
WHEREAS, the City of San Rafael, through its Fire Department, regularly provides emergency ambulance transport to persons who are Medi-Cal patients enrolled in managed care and fee-for-service plans; and
WHEREAS, the City participates in various governmental programs that provide reimbursement of costs incurred in providing such emergency services to Medi-Cal patients; and WHEREAS, pursuant to California Assembly Bill 1705 (Chapter 544, Statues of 2019), the Department of Health Care Services (DHCS) developed the Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer Program to provide reimbursements, by application of an add-on increase, to emergency medical transports provided by eligible PP-GEMT providers; and
WHEREAS, by participating in the Intergovernmental Transfer Program, the City will receive reimbursements for a larger proportion of its actual costs for providing emergency ambulance transport to Medi-Cal patients enrolled in managed care and fee-for-service plans; and
WHEREAS, under the Intergovernmental Transfer Program certification form, the funds shall be transferred in accordance with a mutually agreed-upon schedule between the City of San Rafael and DHCS.

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

1. The San Rafael Fire Department is hereby authorized to participate in a voluntary Intergovernmental Transfer (IGT) with the California Department of Health Care Services (DHCS) for the service period of January 1, 2023 through December 31, 2023.

2. The City Manager is hereby authorized to execute the Intergovernmental Transfer Certification Form, for the transfer of public funds to the DHCS, included in the staff report for this resolution.

3. The City Council hereby authorizes the transfer of funds to DHCS, in an amount not to exceed $910,000, approved by the City Manager and in accordance with a mutually agreed upon schedule, to be used solely as a portion of the non-federal share of funds that qualify for federal financial participation for the period of January 1, 2023 through December 31, 2023.
2 I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 5th day of June, 2023, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk

DEPARTMENT OF HEALTH CARE SERVICES

PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR

GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2023
I, the undersigned, hereby declare and certify on behalf of ______________________ (the “Public Entity”) as follows:

1. As a public administrator, a public officer, or other public individual, I am duly authorized to make this certification.

2. The Public Entity elects to make this intergovernmental transfer (IGT) to the Department of Health Care Service (DHCS) as a voluntary contribution to the nonfederal share of Medi-Cal expenditures for purposes of Assembly Bill 1705 (2019) pursuant to Sections 14105.94, 14105.945, 14129, 14129.3, and 14164 of the Welfare and Institutions (W&I) Code. All funds transferred pursuant to this certification qualify for federal financial participation (FFP) pursuant to Section 1903(w) of the Social Security Act and Title 42 of the Code of Federal Regulations, Section 433 Subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as the non-federal share, impermissible health care-related taxes, or non-bona fide provider-related donations.

3. Voluntary contributions attributable to the period of January 1, 2023, through December 31, 2023, will be made via recurring transfers as indicated on the invoices provided to the Public Entity by DHCS. The Public Entity acknowledges that any transfers made pursuant to this certification during this time period are considered an elective IGT made pursuant to W&I Code sections 14105.945 and 14164, to be used by DHCS, subject to paragraph four herein, exclusively as the source for the non-federal share of ground emergency medical transport public provider supplemental payments in both Medi-Cal fee-for-service payments and the portion of the risk-based capitation rate to Medi-Cal managed care health plans associated with reimbursement made in accordance with Section 14105.945, subdivision (h)(1) (hereafter, the AB 1705 Public Provider (PP) Ground Emergency Medical Transportation (GEMT) Intergovernmental Transfer (IGT) Program, or the PP-GEMT IGT Program), and DHCS costs associated with administering the PP-GEMT IGT Program.

4. DHCS may accept this voluntary contribution to the extent it is able to obtain FFP for the PP-GEMT IGT Program as permitted by federal law. In the event DHCS is unable to obtain FFP for the PP-GEMT IGT Program, or the full payments cannot otherwise be made to and retained by eligible public providers, and, therefore, all or a portion of the transferred amount cannot be used as the non-federal share of payments, DHCS will notify the Public Entity via e-mail and return the applicable portion of the unused IGT amount, no later than 90 days after such notification.

5. The Public Entity acknowledges that, in accordance with W&I Code section 14105.945, subdivision (h)(2), upon CMS approval, DHCS shall assess a ten percent (10%) fee on each transfer of public funds to the state to pay for health care

DEPARTMENT OF HEALTH CARE SERVICES

PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR

GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2023
coverage and to reimburse DHCS its costs associated with administering the PPGEMT IGT Program.

6. The Public Entity acknowledges that the IGT is to be used by DHCS for the filing of a claim with the federal government for federal funds and understands that any misrepresentation regarding the IGT may violate federal and state law.

7. The Public Entity acknowledges that all records of funds transferred are subject to review and audit upon DHCS’ request. The Public Entity will maintain documentation supporting the allowable funding source of the IGTs.

8. Upon notice from the federal government of a disallowance or deferral related to this IGT, the Public Entity responsible for this IGT shall be the entity responsible for the federal portion of that expenditure.

I hereby declare under penalty of perjury under the law of the United States that the foregoing is true and correct to the best of my knowledge. I further understand that the known filing of a false or fraudulent claim, or making false statements in support of a claim, may violate the Federal False Claims Act or other applicable statute and federal law and may be punishable thereunder.

Executed on this ______ day of _________, 20XX at __________________, California.

Signature of Authorized Person: __________________________________________ Name of Authorized Person: _____________________________________________ Title of Authorized Person: ______________________________________________ Name of Public Entity: _______________________________________________ NPI of Public Entity: _______________________________________________ Amount of IGT: $200,433.00
# # #
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.a
Meeting Date: June 5, 2023

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Claire Coleman,
Senior Management Analyst
Shawn Plate, Finance Manager
April Miller, Public Works Director
Craig Veramay, Assistant Library
and Recreation Director
City Manager Approval: ___________
TOPIC: FINAL CITYWIDE PROPOSED BUDGET FOR FISCAL YEAR 2023-24, CAPITAL

IMPROVEMENT PROGRAM, MEASURE A WORK PLAN, AND LEGAL SPENDING LIMIT
SUBJECT: 1. RESOLUTION APPROVING THE CITYWIDE BUDGET AND CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEAR 2023-24; PROVIDING

FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET
FORTH IN THE BUDGET IN THE AMOUNT OF $171,699,035

2. RESOLUTION APPROVING THE MEASURE A WORK PLAN FOR
PROPOSED EXPENDITURE OF MEASURE A FUNDS FOR FY 2023-24

3. RESOLUTION APPROVING FISCAL YEAR 2023-24 GANN
APPROPRIATIONS LIMIT AT $179,385,992

4. RESOLUTION AMENDING RESOLUTION 14956 ESTABLISHING THE COMPENSATION FOR THE ELECTED CITY CLERK EFFECTIVE JULY 1, 2023 RECOMMENDATION:

1. Adopt a resolution approving the Citywide Budget and Capital Improvement Program for the Fiscal Year 2023-24, providing for the appropriations and expenditure of all sums set forth in the budget in the amount of $171,699,035.

2. Adopt a resolution approving the Measure A Work Plan for Fiscal Year 2023-24.

3. Adopt a resolution approving the Fiscal Year 2023-24 Gann Appropriations Limit.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

4. Adopt a resolution Amending Resolution No. 14956 establishing the Compensation for the elected City Clerk effective July 1, 2023.

SUMMARY:

This report presents the final proposed citywide budget for Fiscal Year (FY) 2023-24, beginning July 1, 2023, and ending June 30, 2024. This item is the culmination of a collaborative budget process that included considerable cross-departmental deliberations and discussions of the assumptions underlying the proposed budget. The process included a City Council study session on May 8, 2023 to discuss the draft Goals and Objectives for FY 2023-24 and FY 2024-25. The Council members made recommendations to staff across various components of the report. At the May 15, 2023 City Council meeting, the City Council accepted the updated Goals and Objectives report presented by staff.

The budget is both a spending plan for the City’s available financial resources and the legal authority for City departments to spend these resources for public purposes. Through these resources, services are provided to meet the needs of the community. The City Council and City staff respond to the community’s needs in part through the budget, which is intended to balance not only revenues and costs, but also community priorities.

For the FY 2023-24 budget, ongoing General Fund operational expenditures are supported by current period revenues. The spending plans of all other funds are supported by projected revenues and accumulated resources in their respective funds. Proposed appropriations citywide total $171,699,035 and are within the legal spending limit.

This report includes the three-year Capital Improvement Program (CIP) for FY 2023-24 through FY 2025- 26 and Measure A Work Plan for approval. The CIP is formalized in a full, detailed report and incorporated into the proposed citywide budget for FY 2023-24.

This report also includes an overview of the calculated spending limit, known as the Gann Limit. Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979 – the Gann initiative – with modifications under Proposition 111 passed in June 1990, and implemented by California Government Code sections 7900, and following) provides the basis for the Gann appropriation limitation.

The City’s appropriation growth rate is limited to changes in population and either the change in California per capita income or the change in the local assessment roll due to new, non-residential construction.

ANALYSIS:

UPDATE ON CURRENT BUDGET/FISCAL YEAR 2022-23
General Fund
Revenues: The original FY 2022-23 budget, adopted on June 21, 2022, projected $95,870,730 in revenues. The City worked with two revenue consulting companies (HdL and Baker Tilly, formerly Management Partners) to project FY 2022-23 revenues. In spite of complex economic conditions and rising interest rates, revenues have outpaced projections. The mid-year budget review (updated budget) presented on February 6, 2023, estimated an increase in revenues of $1,500,000 for a projected balance of $97,370,730 based on higher than anticipated sales and use tax receipts. Current revenues are projected to be $97,684,030, which is $313,300, or 0.3 percent above the updated budget, based on activity through April, which is the most up-to-date information available. While sales and use tax SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
increases did not materialize at the previously projected levels, property tax distributions and transient occupancy taxes outpaced projections and are expected to result in higher than projected total General Fund revenues.

Expenditures: As part of the approved FY 2022-23 budget, expenses were projected to be $95,250,644.

During the fiscal year, additional appropriations were approved by the Council totaling $2,125,059 for support of additional capital projects and to ensure adequate funding for public safety overtime costs.

Like many local government agencies, the City has experienced challenges with recruitment and retention since the COVID-19 pandemic. As a result, staff are projecting one-time salary savings of approximately $4 to 5 million for FY 2022-23. The City also continues to experience and projects continued increases in workers’ compensation and liability costs, continuing the trend of declining total claims with rising severity on a per claim basis. As a result, staff have identified the need to transfer approximately $3 million to the Liability and Workers’ Compensation Funds and approximately $2 million to support immediate critical infrastructure needs. Staff plan to formally request the aforementioned adjustments be made to the FY 2022-23 budget along with other adjustments, if necessary, in Fall 2023 when the year-end update is presented to the City Council.

Operating results: The projected increase to General Fund revenues of $313,300 and the transfers to internal service funds and core infrastructure projects change the estimated positive net result of $1,765,099 to $1,078,399 for FY 2022-23. With the replenishment of the Emergency Reserve Fund in the amount of $322,570 (to maintain the 10 percent reserve level per City Council policy), net unassigned funds are forecasted to be $755,829 at year-end. See Table 1 for additional details.

Table 1: FY 2022-23 General Fund Estimated Overview
Other Funds
The evaluation of other funds will continue with the year-end close. Any required adjustments will be presented to the City Council as part of the year-end update, presented in September 2023.

GOALS AND OBJECTIVES
The City Council regularly establishes a set of goals, objectives, and key implementation tasks (Goals and Objectives) that guide decision-making. The City created four Policy Focus Areas to highlight General Fund
Adopted Budget FY
2022-23
Approved
Changes Current Budget
Projected
Changes Estimated Budget
Revenues 95,870,730 1,500,000 97,370,730 313,300 97,684,030 Transfers in 1,770,072 1,770,072 - 1,770,072
Total Resources 97,640,802 1,500,000 99,140,802 313,300 99,454,102 Expenditures 91,943,644 1,475,859 93,419,503 (4,000,000) 89,419,503 Operating Transfer out 3,307,000 649,200 3,956,200 - 3,956,200 Project Transfer out - - 5,000,000 5,000,000
Total Appropriations 95,250,644 2,125,059 97,375,703 1,000,000 98,375,703 Net Result 2,390,158 (625,059) 1,765,099 (686,700) 1,078,399 Allocations
Use/(Source) of Emergency
Reserves (165,454) (157,116) (322,570) - (322,570)
Use of Prior Period funds - - - - -
Unassigned Funds Available 2,224,704 (782,175) 1,442,529 (686,700) 755,829 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
overarching policy priorities while retaining five City Service Areas to highlight operational efforts that are of particular focus. The four Policy Focus areas and five City Service Areas are listed below:

Policy Focus Areas
• Economic Growth: Building our economy to be stronger and more resilient. • Housing & Homelessness: Creating new housing, keeping people in their homes, and using a “Housing First” model.
• Diversity, Equity, Inclusion & Belonging (DEIB): Working to create equitable outcomes for all, while addressing systemic racial injustices.
• Sustainability, Climate Change & Disaster Preparedness: Reducing greenhouse gas emissions while mitigating and adapting to climate change.

City Service Areas
A. Neighborhood and Economic Vitality: Create and preserve a healthy economy and sustain vibrant neighborhoods, Downtown, and other business areas.

B. Quality of Life: Serve and strengthen community relationships by providing literary, artistic, recreational, and cultural experiences for all residents and improving resident engagement and governmental transparency.

C. Public Safety: Prevent and respond to emergencies through essential facility improvements and community and organizational emergency readiness.

D. Public Assets: Improve and preserve public assets by sustaining effective levels of core infrastructure while reducing traffic congestion by expanding bicycle, pedestrian, and transit options.

E. Foundational Services: Sustain organizational viability and exemplary service through short and long-term financial success, organizational excellence and succession planning, and technology to improve efficiency and service levels.

Each Policy Focus and City Service Area has a set of objectives which provide a basis for making resource allocation decisions during the budget process and serve as a focal point for assessing and coordinating the City’s short- and long-term strategic planning. The resources required to perform each objective and task are summarized in the time and intensity graphic within the Goals and Objectives staff report presented to the City Council on May 15, 2023.

PROPOSED FISCAL YEAR 2023-24 CITYWIDE BUDGET

HIGHLIGHTS
 Citywide Budget: The total proposed FY 2023-24 expenditure budget for the City is $171,699,035 (Attachment 2, Exhibit I). This sum reflects all funds and operations for the City, including active capital projects. The Capital Improvement Program has planned expenditures for which staff reports will be submitted for approval of major projects and their associated funding source. Appropriations are supported by FY 2023-24 revenue and other sources projected at 145,551,239, as well as by fund balances retained from previous periods for capital projects.  General Fund Budget: The proposed General Fund expenditure budget comprises $100,041,140 for operations, an increase of approximately $2.7 million over the prior year’s projected budget, supported by revenues, transfers in, and available fund balance.  State Budget Impacts: On May 12, 2023, Governor Gavin Newsom released the May Revision to the FY 2023-24 state budget, totaling approximately $306.5 billion in spending. The May Revision projects a $31.5 billion deficit, contrasting against a projected $97 billion surplus during SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
the May Revision of the FY 2022-23 budget. The revision assumes continued but slowing economic growth and does not include withdrawals from the state’s reserve funds.

While the Governor’s proposal does not include major cuts in existing appropriations to cities, the revised budget does not include significant funding for core initiatives like housing and homelessness. As a result, staff expect less funding support from the state during the next fiscal year than in the prior two fiscal years. Due to the postponement of the 2022 tax filing deadline to October, staff expect further revisions to the state budget in the coming months. City staff will seek opportunities to pursue additional assistance and available funding.  American Rescue Plan Act: On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA). The ARPA provided $65.1 billion in direct aid to every city, town, and village across the country to help stabilize communities. The City of San Rafael received a total of $16,088,886, all of which met the eligibility requirements under the revenue loss provision. The funds were designated to support the City’s policy focus areas of Economic Recovery, Housing & Homelessness, Racial Equity and Sustainability, Climate Change & Disasters as well as infrastructure projects. As of May 2023, the City has utilized or encumbered approximately $10.4 million (65 percent) of these monies for support of housing and homelessness programs, racial equity initiatives, economic development, the Pickleweed Park renovation, and the San Quentin Pump Station. Staff will continue to identify opportunities for utilizing the remaining funds for the City Council’s consideration.

General Fund
The City’s General Fund supports most of the major services to residents and businesses (such as police, fire suppression and prevention, planning, building, library, parks, streets, engineering, traffic enforcement and management, and cultural programs). The General Fund operating-related appropriations for FY 2023-24 total approximately $100 million. These appropriations comprise $96.7 million of operating expenditures, $2.2 million of transfers to community services in support of the Recreation Fund, and $1.1 million to the building maintenance and workers compensation internal service funds.

The appropriations are supported by $98.1 million in projected revenues and $1.8 million of transfers from other funds. The transfers include a $650,000 reimbursement from Gas Tax revenues for support of street maintenance salaries; $680,313 from the Employee Retirement Fund for debt service on the outstanding pension obligation bonds; and $497,148 from the Parking Services Enterprise Fund for administrative support.

Table 2 summarizes the information provided in Exhibit II and presents the proposed FY 2023-24 budget with a comparison to the projected FY 2022-23 budget. The table presents the year-over-year change in revenues and expenses, as these are key performance metrics.

Revenues available for operations are projected to be $818,869 higher than those of the FY 2022-23 year, an increase of 0.8 percent. This is mainly due to conservative projected growth in major revenue items such as property tax and transient occupancy tax, and a small projected decrease in sales and use taxes.

Expenditures are projected to increase by $2.7 million, or 2.7 percent over those of the FY 2022-23 budget. Increases to the FY 2023-24 expense budget include approximately $1.2 million in personnel expenses related to negotiated pay increases and $1.2 million in non-personnel expenses related to SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
inflation and increasing contractual costs. There is also a budgeted increase of $137,700 in one-time start-up costs and $130,000 in ongoing annual costs due to the change in the fire dispatch contract, offset by a decrease in transfers to several internal service funds that were deemed fully funded for their intended purposes.

Table 2: Comparison of FY 2022-23 Projected Year End and FY 2023-24 Budget Revenue Trends and Assumptions:

Sales and Transaction & Use Tax:

The economy is in an uncertain period, with high interest rates and high (but declining) inflation coupled with low unemployment and a strong labor market. The economy is cooling from the high inflation and economic activity seen in the immediate post-COVID period, and some economists expect a recession in the next 18 months. Sales and use taxes are projected to remain mostly stable with a small decrease during the fiscal year. Areas of Auto & Transportation are expected to decrease in FY 2023-24 by 3.3 percent due to supply chain disruptions and high costs to lease vehicles, while Building and Construction areas are projected to stagnate at 0.7 percent. Meanwhile, Restaurants and Hotels are expected to continue their recovery with a 3.6 percent growth estimate for next fiscal year.

With the assistance of HdL Companies, the City’s sales tax consultant, staff are projecting recurring sales tax revenues to decrease from $26.6 million as currently projected in the FY 2022-23 budget, to $25.4 million in FY 2023-24, a decrease of approximately 4 percent. Sales taxes account for approximately 25 percent of the City’s General Fund revenues.

Revenues from the Measure E Transactions & Use Tax, which applies to most local retail sales, are estimated to decrease from $14.7 million in the FY 2022-23 budget, to $14.5 million in the proposed FY 2023-24 budget, a decrease of 1.4 percent. Consistent with the direction provided by the City Council in May of 2014, the additional one-quarter percent sales tax revenues provided by Measure E, effective Adjusted
Budget
Proposed
Budget $ Change from % Change
from
General Fund FY 2022-23 FY 2023-24 previous year previous year
Revenues $ 97,370,730 $ 98,189,599 $ 818,869 0.8%
Transfers in 1,770,072 1,827,461
Total Resources $ 99,140,802 $ 100,017,060 $ 876,258 0.9% Expenditures $ 93,419,503 $ 96,734,140 $ 3,314,637 3.5% Transfers out – operating 3,956,200 3,307,000
Total Operating Uses $ 97,375,703 $ 100,041,140 $ 2,665,437 2.7% Net Results before Allocations $ 1,765,099 $ (24,080)
(Source) / Use of reserved funds
Emergency reserve (322,570) (266,544)
Use of prior period funds 290,624
Total Results $ 1,442,529 $ 0
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
April 1, 2014 through March 31, 2034, are dedicated to funding major construction and improvements to public safety facilities (also referred to as the San Rafael Essential Facilities project).

Measure E revenues account for about 14 percent of the City’s General Fund revenues. Revenues from the Measure R Transactions & Use Tax are projected to generate $4.8 million and represent about 4 percent of the City’s General Fund revenues. Altogether, sales and use taxes comprise 45 percent of the City’s General Fund revenues.

Property Tax:

Property taxes are currently projected to increase by 3 percent over projected FY 2022-23 results for a total of $30.6 million. The increase is primarily due to a minor increase in excess Educational Revenue Augmentation Fund (ERAF) payments and growth of $800 thousand in the overall property tax roll.

Property taxes make up 30 percent of the City’s General Fund revenues.

Other General Fund Revenues:

Other revenues (including Business Tax, Transient Occupancy Tax, development fees, permits, and charges for services) are projected to show a modest increase of 2.8 percent when compared to the prior year’s budget. This includes a projected decrease in Property Transfer Tax revenues due to slow real estate markets and high interest rates, which are offset by an increase in Transient Occupancy Tax revenues due to the continuing recovery of hotels after the pandemic. These revenues account for 25 percent of the City’s General Fund revenues.

Expenditure Trends and Assumptions:

The expenditure growth incorporates inflationary increases and increases in personnel costs as the City increases compensation based on collective bargaining contract commitments. General Fund budgeted contributions to the Marin County Employees Retirement Association (MCERA) are projected to increase by $483,956, or 2.7 percent, compared to the previous year. While the City’s overall MCERA rates are decreasing due to continued strong asset gains during the actuary’s measurement period, rates for public safety bargaining groups are increasing while non-safety units are decreasing. Due to the City’s negotiated pay increases and to the relative balance of safety to non-safety employees in the City, the total impact is a slight increase overall. In FY 2022-23, the City Council approved a one-time transfer of $1.1 million to the Employee Retirement Internal Service Fund to ensure continuity of programs over the long-term. Staff feel that the fund is adequately supported at this time and are not proposing an additional transfer for FY 2023-24. Pension expenses across all funds represent approximately 13.8 percent of total citywide expenditures, and approximately $18.4 million, or 18.4 percent, of the $100 million General Fund budget.

Capital Spending and Other Funds
Capital Improvement Program (CIP):

The CIP is a multi-year planning tool used to identify and implement the City’s capital needs over the upcoming three-year period: FY 2023-24 through FY 2025-26. The CIP document summarizes the City’s planned capital and infrastructure improvement projects, including their funding sources, and prioritizes projects after analysis and coordination with other City departments to ensure that all department needs are represented. Project selection and priority is based on recommendations by a working group representing various City departments and existing planning documents to accommodate high priority SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
needs, which focused on life/safety, maintenance and repair, equity, public and City Council input, and other factors. The CIP is intended to provide a comprehensive three-year project list for the City’s known capital and infrastructure needs.

The general categories within the CIP are as follows:
• City-Owned Properties: City facilities including buildings, parking garages and lots. • Drainage: Stormwater systems including roadway drainage and the City’s 12 stormwater pump stations.
• Parks: Park infrastructure and facilities including playgrounds, recreation equipment, and restrooms.
• Streets/Transportation: Roadway improvements including construction, resurfacing, and maintenance of existing bicycle and pedestrian facilities including sidewalks and bike lanes. • Transportation: Transportation projects are separated out from streets/transportation projects.

Transportation projects include traffic and signal improvements that increase traffic flow and capacity, as well as any circulation improvements that expand bicycle/pedestrian thoroughfare beyond the existing facilities in place. For example, new multi-use pathways and the expansion of existing sidewalks.

Major projects/studies identified in the FY 2023-24 to FY 2025-26 CIP include:
• Canal Active Transportation Experience Improvements
• Lincoln Avenue Rehabilitation
• Fourth St/Second Street at Miracle Mile Improvements
• Southern Heights at Courtright Retaining Wall
• Storm Drainage Master Plan
• Building Maintenance Master Plan
• Marin Countywide Stormwater Pollution Prevention Program Trash Capture Design Projects • Pump Station Generators (Portable)
• San Rafael Canal Crossing
There are currently five major annual funding sources for the CIP:

Table 3: CIP Funding Sources
Fund # Fund Name Description
205 Stormwater
Fund
Established to fund stormwater maintenance, programs, and improvements throughout the City. Fund #205 receives annual revenues from the City’s Stormwater Activity Fee (Municipal Code Chapter 9.40).
206 Gas Tax;
Measure AA;
Senate Bill 1
Funds
The Gas Tax is revenue collected and subsequently distributed by the State of California based on a percentage tax on each gallon of gas purchased in San Rafael. Gas Tax may be used for capital projects or maintenance on local streets, roads, traffic, and bicycle/pedestrian facilities. Additionally, local sales tax, passed by voters in 2018 as Measure AA, contributes to a portion of this fund for roadway improvement projects. This fund also includes revenue from the Refuse Regulatory Fee and Construction Impact Fee.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9
Fund # Fund Name Description
241 Measure A Measure A is a nine‐year ¼ percent Transactions and Use Tax managed by the County of Marin and re-approved by voters in June 2022. The tax is restricted to care for parks and open spaces. The Department of Library and Recreation prepared the Measure A work plan for FY 2023-24 based on the recommendations provided in the 2023 Citywide Parks and Recreation Master Plan and through consultation with the Parks and Recreation Commission.
246 Traffic
Mitigation Fee
Traffic Mitigation Fees are charged to a developer in connection with the approval of a private land development project with the purpose of offsetting or subsidizing public improvements made necessary by the private development. The City utilizes Traffic Mitigation Fees for circulation‐related projects identified in the General Plan. 603 Building
Maintenance
The Building Maintenance Fund supports routine maintenance and capital projects associated with the City’s buildings, parks and other facilities. The Building Maintenance Fund is an internal revenue fund, which means General Fund monies are the sole source of revenue.

While some CIP projects are grant-funded, most are not and are paid for through Funds 205 (Stormwater), 206 (Gas Tax), 246 (Traffic Mitigation), and 603 (Building Maintenance). Each of these funds has an operating budget which consists of expenses related to maintenance of infrastructure, equipment purchasing, miscellaneous contractual services, annual programs, and other non-project related work. After deducting the operating budget from the total available funding in Funds 206, 246, and 603, staff include a contingency of 15 percent of the remaining fund balance to provide a buffer for unanticipated expenses which may arise mid-year. The Stormwater Fund (205) does not include a contingency for FY 2023-24 as the estimated revenue for this fund is not sufficient to cover the actual project needs.

As has been noted in prior year CIPs, the long-term capital and infrastructure improvement needs for City-owned property, parks, and drainage far exceed the available revenues each year. Therefore, a considerable number of projects are identified as real capital and infrastructure needs (and maintained on the CIP project list) but are categorized as “unfunded”. City staff continue to actively pursue grant funding, congressional earmarks, and other infrastructure funding sources. Many of these funding sources require a local funding match.

The project funding tables in the CIP outline projects that would require grant funding to move forward.

These are designated by “grant: unsecured” and the local match is listed in the associated fund category.

If the City’s effort to obtain grant funding is unsuccessful, the available funding identified as the local match will be reevaluated during the next fiscal year as part of the CIP planning process to determine if the City should continue to seek grant funding for the specific projects or if the funding should be reallocated towards other projects in the same fund category.

Due to the substantial amount of infrastructure needs and changing variables, such as the potential need to provide matching funds for unsecured grants, staff do not currently have sufficient information to project funding for FY 2024-25 (Year 2) and FY 2025-26 (Year 3) in the Gas Tax Fund 206. Only funds that have been previously committed or earmarked have been included in the proposed CIP for FY 2023-24. City staff will re-evaluate the prioritization of projects in Fund 206 during the upcoming fiscal year to prepare for the next CIP update.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10
As a part of the annual CIP, the Department of Public Works also recaps major projects completed in the prior fiscal year, including but not limited to:
• FY 2021-22 and FY 2022-23 Slurry Seal
• Bungalow and Woodland Resurfacing
• Fire Station 54 & 55 Remodels
• Freitas Parkway Sidewalk Replacement
• Citywide Parks and Recreation Master Plan
• Spinnaker Point Drive Parking Modification
• Sun Valley Park Playground Improvements
Projects currently under construction or underway:
• San Quentin Pump Station Reconstruction
• Third Street Rehabilitation
• Third Street Safety Improvements
• B Street Culvert Replacement
Capital Project Funds
These funds are dedicated to the tracking and reporting of capital projects. The most significant capital project activity is the Public Safety Essential Facilities program, in which in the last few years projects such as the construction of the new Public Safety Center and Fire Stations 52 and 57 were completed.

These projects have been funded from the following sources: (1) direct use of designated Measure E general tax funds; (2) Lease Revenue Bonds, Series 2018, which is being repaid from designated Measure E general tax funds; and (3) allocations from the Paramedic Tax used to fund capital projects.

Special Revenue and Grant Funds
These funds have restricted uses based on their respective sources. One significant fund in this group is the Emergency Medical Services/Paramedic Fund (EMS). This fund has planned expenditures of $9.7 million for the upcoming fiscal year, supported by $8.9 million in revenues of which $5.3 million, or 59 percent, comes from the Paramedic Tax. The balance of the funding of this activity comes primarily from third-party recovery for emergency medical response and transport services. As of April 17, 2023, tax rates have reached their tax ceiling for all participating areas impacted by the Paramedic Services Special Tax. Revenues are insufficient to cover the long-term operating costs of paramedic services, and staff plan to pursue grant funding and other new revenue sources to improve the fund’s performance.

The EMS Fund is projected to retain $492,373 in unallocated fund balance on June 30, 2024. This balance serves as an operational reserve. Funds not needed for the operations reserve are used to fund capital improvements that directly support the delivery of emergency medical transport services.

However, no transfers are expected to take place in FY 2023-24.

The City’s Cannabis Business Tax is also reported in a special revenue fund. San Rafael has several licensees in active commerce. The City anticipates the receipt of $225,000 in cannabis business tax revenues for the FY 2023-24, of which the fund will incur $180,245 in qualifying expenses. Revenues are projected to decrease from the prior year budget due to challenging market conditions for cannabis businesses and the temporary two-year decrease in the local cannabis tax rate for delivery retail permits from 4 percent to 2 percent enacted by the City Council on November 7, 2022. The fund has historically carried a fund balance of prior year savings to allocate to new projects. On January 17, 2023, the City SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11
Council approved the use of cannabis tax revenues to support the pilot of the City’s Specialized Assistance for Everyone (SAFE) team.

The Measure A Open Space Program was renewed by voters in June 2022. Funding for this program is primarily provided by a nine-year, county-wide sales tax that is managed by the County of Marin, with the City providing discretionary contributions as needed. A total of $665,000 is being proposed to be expended during the year to fund project initiatives, which would include the following projects:
• $130,000 to design new play areas at Peacock Gap Park. Construction would follow completion of the design process and would likely occur in FY 2024-25. • $150,000 to develop a new Master Plan for the Terra Linda Park and Community Center. This plan was identified through the Park and Recreation Master Plan as a high priority project due to the high volume of use at this park, the existing conditions of the facilities, and the expected future demand due to population increases in the next ten years. • $285,000 to improve the fencing at Albert Park Field. • $100,000 to fund the creation of a Trails Existing Condition & Feasibility Study as part of a proposed Open Space and Trails Master Plan.

The proposed expenditures are summarized in the attached Measure A Work Plan for July 1, 2023, through June 30, 2024. These projects are included in the FY 2023-24 Capital Improvement Program and the FY 2023-24 budget.

Measure D, the successor library parcel tax to Measure C, is entering its seventh year. This special revenue source has successfully expanded service levels relative to those established under Measure C (the previous library parcel tax). The purpose of the tax is to “augment the capacity of the City of San Rafael to provide quality library services to its residents.” Measure D provides for expanded book and periodical purchases, including e-books; funds events and classes for all ages, and provides supplementary technology supplies. Capital reserves were established under Measure C (previous library parcel tax) for facility-related uses.

The Recreation and Childcare Funds anticipate spending plans of $4.5 million and $3.3 million, respectively. Revenue projections will depend on demand as programs slowly return to levels closer to pre-COVID activity. The Childcare Fund is operating at cost, meaning that revenues equal expenditures, due to both increasing program enrollment and fee increases approved by the City Council, most recently on December 19, 2022.

Measure C, a historic wildfire prevention measure is entering its fourth year. Funding for this activity is provided by a ten-year parcel tax and is managed by the Marin Wildfire Prevention Authority, a Joint Powers Authority. The City of San Rafael is expected to receive $2 million in revenues to support coordinated wildfire prevention including early detection, warning and alerts; reducing vegetation; ensuring defensible space around homes, neighborhoods and critical infrastructure; and improving disaster evacuation routes/procedures.

Other significant funds in this category include Gas Tax and Storm Water Funds. The spending plans for these funds were developed in conjunction with the Capital Improvement Program. Appropriations for new CIP projects are not included in the budget until they are brought to the City Council for approval at time of commencement.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 12
Parking Fund
The Parking Fund is a self-sustaining enterprise fund whose revenues are dedicated to parking services.

Currently, parking operations are funded via parking fees and fines, and fund balance is the only resource with which to cover capital improvements. The parking structures and lots have deferred maintenance issues that will need to be addressed in the coming years. In 2014, the Public Works Department engaged an engineering firm to evaluate current conditions of the garage structures and provide recommendations for repair and maintenance items. The study determined that the four city-owned structures (Third/Lootens, Third /A, Third /C, Fifth/C parking structures) require significant structural repairs due to deferred maintenance.

The FY 2023-24 operating budget for this fund is $5.0 million, inclusive of operating transfers, supported by $4.6 million in revenues. The Parking Fund continues to endure the negative effects of the pandemic and changes in workforce patterns. In December 2022, the City Council approved increases in some parking citation rates that have positively impacted the department’s fiscal sustainability. For FY 2023- 24, the Parking Fund is projected to incur a deficit of $400,000. Staff are in the process of analyzing department operations and identifying ways to change parking operations to improve the sustainability of the Parking Fund. Staff will keep the City Council apprised of any events affecting the performance of this fund throughout the year.

Internal Service Funds and Capital Replacement Funds
These funds are used to manage services that are delivered within the organization. For example, computer replacement, employee benefits, workers compensation, general liability, capital replacement, technology replacement and vehicle replacement are funded via internal charges to the funds that utilize these respective services.

Successor Agency
Prior to the state-initiated dissolution of the Redevelopment Agency in January 2012, the City Council met as the Redevelopment Agency and approved its annual budget as part of the citywide budget process. Under the current legislation, the Successor Agency is not required to prepare an annual budget.

Funding for the Successor Agency follows a different process specified by law: funding must be approved by the Successor Agency’s Oversight Board and the California Department of Finance for six-month periods. The economic development-related functions of the former Redevelopment Agency have been fully transferred to the City Manager’s Office.

Status of Pension Funding
The City’s Pension Funding Policy requires that the Finance Director and City Manager report on the status of pension funding as part of the annual budget adoption process.

The most recent pension actuarial valuation was prepared as of June 30, 2022, and approved by the MCERA Board in February 2023. This valuation was used to determine the contribution rates for FY 2023-24. The composite rate for the City of San Rafael will be 56.76 percent, a 2.15 percent decrease from the current rate of 58.91 percent. The budgeted pension contribution for FY 2023-24 provides full funding for the required contribution. The rate for public safety employees increased from 67.68 percent to 69.44 percent, an increase of 1.76 percent. The rate for miscellaneous employees decreased from SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13

49.23 percent to 44.37 percent, a decrease of 4.86 percent. The valuation also reported an unfunded actuarial liability of $108 million for the City, representing a funded ratio of 83.5 percent.

MCERA’s investment target (discount rate) remained at 6.75 percent during the measurement period.

The City has dedicated a portion of its employee retirement reserve to buffer the impact of any unexpected increases. This reserve, which is projected to total $1.7 million at the end of FY 2023-24, is also used to accumulate payments for debt service on the $4.5 million pension obligation bonds issued in 2010 and for optional, supplementary payments to MCERA.

Status of Other Postemployment Benefit (OPEB) Funding (Retiree Healthcare) The City’s OPEB Funding Policy was adopted on September 18, 2017. The policy cites the City’s goal of fully funding the Actuarially Determined Contribution (ADC) each year. The budgeted OPEB contribution for FY 2023-24 provides full funding for the required contribution. The contribution is based on an investment target (discount rate) of 6.75 percent. The most recent actuarial valuation, as of June 30, 2022, reports $26 million in plan assets offset by $48.2 million in actuarially accrued liabilities, leaving an unfunded actuarial liability of $22.2 million. The City’s ADC for FY 2023-24 is $2.6 million.

General Fund Balance and Reserves
Under the proposed FY 2023-24 budget, all funds are projected to have a positive fund balance as of July 1, 2023, as well as of June 30, 2024. General Fund Emergency Reserves are projected to increase from $9.7 million to $10 million, or 10 percent of General Fund expenditures, maintaining the minimum target emergency reserve levels.

GANN APPROPRIATIONS LIMIT
The Appropriations Limit for each year is based on the prior year Appropriations Limit, adjusted by factors that incorporate changes in cost of living and population. For FY 2023-24, the City is using a 6.02 percent increase in San Rafael’s assessment roll for nonresidential construction (this figure is provided by the County of Marin). For the change in population, the City is using negative 0.92 percent – representing the change in population for San Rafael, which is higher than Marin County’s figure of negative 1.06 percent for the period January 1, 2022 to January 1, 2023 (provided by the State of California Department of Finance).

Attachment 6, Exhibit A establishes the new Appropriations Limit for FY 2023-24, which has been calculated to be $179,385,992. The actual budget subject to the limitation excludes self-supporting funds, capital improvement funds, capital outlay grant funds, and specific exclusions such as the Gas Tax Fund.

The FY 2023-24 appropriations subject to the Gann Limit are $102,494,532 (Attachment 6, Exhibit B).

Therefore, the portion of the City’s budget appropriation that is restricted by the Gann Limit is $76,891,460 under the legal limit.

STAFFING
For the current fiscal year, all departments are focused on continuing to find ways to maximize the capacity of our current staff by re-examining the way our teams are currently organized, and by creatively implementing process improvements cross-departmentally. The City’s current approved level of staffing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 14
for FY 2022-23 of 424.76 is 4.5 percent below the peak of 445 FTE that was supported in FY 2007-08.

The proposed budget for FY 2023-24 includes the same staffing level as the prior year of 424.76.

For FY 2023-24, staff are recommending staffing adjustments (see below) to ensure that staff can serve the community and achieve the City Council’s goals and objectives. None of the proposed staffing changes add new headcount for the City of San Rafael. However, since the San Rafael Sanitation District Board approved an additional FTE position in their budget and the City includes SRSD’s budget in our financial reporting, the City’s FY 2023-24 budget reflects a proposed increase of one FTE to 425.76 to include the increase in SRSD’s staffing.

Proposed Staff Changes:
1) The Community Development Department has experienced significant staff turnover, hiring more than half of their current staff over the past two years. In assessing their staffing needs, and to support succession planning in the Building Division, the department has determined that there is a need for a Deputy Building Official classification as a step between Building Inspector and the highly specialized Chief Building Official classification. This change will provide an internal promotional opportunity.
2) The Human Resources Department will experience a staffing change with the departure of the HR Operations Manager later this calendar year. In anticipation of this staffing change and in preparation of upcoming labor negotiations in 2024, the department proposes renaming the classification to Principal Human Resources Analyst. The position will have an increased focus on employee relations, labor relations and negotiations, performance management, and benefits administration.
3) The City Clerk’s office consists of the Deputy City Clerk and the Elected City Clerk. The Elected City Clerk is a full-time position serving in the same capacity as all Executive Management staff.

The current salary for the City Clerk position does not align with other department directors and, in a recent review, Bryce Consulting determined that the salary is significantly below market in relation to comparator agencies. Staff recommends that the City Clerk salary range be aligned with the compensation of the Executive Management group. Additionally, Bryce Consulting recently conducted a review and analysis of the Deputy City Clerk position which included areas such as decision-making responsibility and degree of independence, breadth and difficulty of the assigned function or program responsibility, level of supervision received, and types of contacts and interactions required for this single-position classification. Over the years, the duties and responsibilities for this position have evolved requiring an advanced level. Staff recommends the creation of a Deputy City Clerk I/II series, which will create an internal promotional opportunity.

The SEIU bargaining unit has been notified of this intent to create the Deputy City Clerk I/II series and staff will meet all requirements of the Meyers-Milias Brown Act (MMBA) prior to implementing this change.
4) In addition, staff recommend that the budget resolution include an administrative cleanup item for the Unrepresented Executive Management and Mid-Management employees. Like the Temporary, Seasonal and Fixed Term employees, these groups of employees also serve in an at-will capacity. This cleanup language does not change the terms and conditions of their employment in any way. This action will simply clarify the current at-will employment status for these positions.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 15
5) The San Rafael Sanitation District is currently supported by one full-time Administrative Analyst position, which is responsible for more technical and professional level duties and serves as the Clerk to the Board, and one temp/seasonal Administrative Assistant who performs general administrative work. Municipal Resource Group (MRG) conducted a review of the staffing needs for the division and, in collaboration with the District Manager, determined that having two fulltime administrative staff members would provide consistency and the support required to maintain efficient and productive service to the public and staff, as well as ensure phone and over-thecounter coverage for the public and sewer spill calls. The Administrative Assistant classification currently exists within the SEIU bargaining group. The SRSD Board approved the funding for the additional position at their April 21, 2023 Board meeting and City staff recommends increasing the authorized budgeted positions for SRSD by 1.0 FTE.

The history and details for the 425.76 FTE/positions being proposed for FY 2023-24 are presented in Attachment 2, Exhibit III.

FISCAL IMPACT: The preliminary fiscal year 2023-24 budget has been prepared for all funds. Funding sources are sufficient to support the preliminary spending plans presented.

OPTIONS: The City Council can choose to either:
(1) Accept the report, recommendations and resolutions as presented; or (2) Make modifications to the recommendations and/or resolutions.

RECOMMENDATION: Accept the report and:

1. Adopt a resolution approving the Fiscal Year 2023-24 Operating Budget, providing for the appropriations and expenditure of all sums set forth in the budget in the amount of $171,699,035.

2. Adopt a resolution approving the Measure A Work Plan for FY 2023-24.

3. Adopt the Resolution Approving Fiscal Year 2023-24 Gann Appropriations Limit.

4. Adopt a resolution Amending Resolution No. 14956 establishing the compensation for the elected City Clerk effective July 1, 2023.

ATTACHMENTS:

1. Resolution Approving the Citywide Budget for the Fiscal Year 2023-24 and Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget, and Exhibits I, II, and III

2. City Council Goals and Objectives for FY 2023-24 and FY 2024-25

3. Capital Improvement Program: FY 2023-24 through 2025-26

4. Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2023-24

5. Measure A Work Plan for Fiscal Year 2023-24
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 16

6. Resolution Approving Fiscal Year 2023-24 Gann Appropriations Limit, and Exhibits A and B

7. Resolution Amending Resolution No. 14956 establishing the Compensation for the elected City Clerk effective July 1, 2023

8. Correspondence
1 RESOLUTION NO.

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

APPROVING THE CITYWIDE BUDGET AND CAPITAL IMPROVEMENT
PROGRAM FOR THE FISCAL YEAR 2023-24 AND PROVIDING FOR THE

APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN THE BUDGET IN THE AMOUNT OF $171,699,035
WHEREAS, on June 5, 2023, City staff presented to the San Rafael City Council at its regular meeting the proposed City-wide Operating budget and a Capital Improvement Program for the fiscal year July 1, 2023 – June 30, 2024; and WHEREAS, after examination, deliberation and due consideration of the Goals and Objectives, Capital Improvement Program, City-wide Operating Budget and corresponding staff recommendations, the San Rafael City Council provided direction to the City Manager, and the City Manager has submitted a Final Proposed Budget; and WHEREAS, it is the intention of this Council to adopt the Proposed Budget submitted by the City Manager as the approved budget for the fiscal year 2023-2024; and WHEREAS, it is the intention of this Council to carry forward unspent capital projects resources funded in fiscal year 2022-2023 to complete the balance of these projects in the 2023-2024 fiscal year; and
WHEREAS, it is the intention of this Council to carry forward unspent operational funds from fiscal year 2022-2023 encumbered through approved, active purchase orders to complete the balance of these purchases in the 2023-2024 fiscal year; NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council that:

1. The City Manager’s proposed one-year budget for the City of San Rafael for the fiscal year July 1, 2023 through June 30, 2024, is hereby adopted, with net appropriations of $171,699,035. General Fund operational uses total $100,041,140 as presented in Exhibit II attached hereto and incorporated herein. A total of $2,344,820 is appropriated for General Plan support, $57,774,613 is appropriated for special revenue and grant activities, $ 4,391,306 for the parking enterprise, $2,550,000 for capital projects, and $24,625,474 for internal service funds and asset replacement as presented in Exhibit I attached hereto and incorporated herein.

2. The sums of money therein set forth are hereby appropriated from the revenues of the City to the departments, functions, programs and funds therein set forth for expenditure during the fiscal year 2023-2024.

3. The Capital Improvement Program and projects presented for implementation in fiscal 2 year 2023-2024 are hereby approved.

4. The budget recommends maintaining headcount at 425.76 full-time equivalent authorized positions, as presented in Exhibit III, attached hereto and incorporated herein.

5. The Unrepresented Mid-Management and Executive Management positions, covered by Resolutions 14955 and 14954, are at-will and as such serve at the pleasure of the appointing authority and may be removed at any time without cause and without right of appeal.

6. The City of San Rafael will carry forward unspent capital project funds from fiscal year 2022-2023 and reappropriate these funds in fiscal year 2023-2024 to be used solely to pay for the remaining portion of City Council authorized expenditures for street, facility, storm drain, traffic mitigation, park and other long-term capital projects started in the 2022-2023 or prior fiscal years.

7. Transfers are authorized from the General Fund to the San Rafael Essential Facilities capital project from Measure E revenues for the purpose of funding the San Rafael Essential Facilities projects.

8. Funds set aside in the Emergency Medical Services Fund balance for the purpose of funding future capital expenditures necessary to support the facilities used to deliver emergency medical transportation and related paramedic services will be made available to qualifying capital projects.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 5th day of June 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

EXHIBIT I

CITY OF SAN RAFAEL
346,929.00 346,929.00 298,012.00
Total Total
FY 2023-24 PROJECTED BUDGET Est.Actual Operating Operating June 30, 2024 FUND FUND June 30, 2023 and Capital Transfers Total and Capital Transfers to Total Projected # NAME Balance Revenue In Resources Budget Other Funds Appropriations Balance GENERAL OPERATING FUNDS:
001 General Fund Available Balance $2,224,704 $98,189,599 $1,827,461 $100,017,059 97,834,140 $2,207,000 $100,041,140 $2,200,623 218 General Plan Special Revenue Fund 1,054,748 2,611,969 2,611,969 2,344,820 2,344,820 1,321,897 SPECIAL REVENUE & GRANT FUNDS:
205 Storm Water Fund 7,890,546 830,000 830,000 8,699,777 8,699,777 20,769 206 Gas Tax 7,388,488 12,896,327 12,896,327 19,140,000 650,000 19,790,000 494,815 207 Development Services 1,285 - - 1,285
208 Child Care 19,639 3,261,400 3,261,400 3,254,963 3,254,963 26,076 210 Paramedic/EMS 1,235,785 8,949,660 8,949,660 9,693,072 9,693,072 492,373 216 Cannabis 703,541 225,000 225,000 180,245 180,245 748,296 217 State Lands Fund 335,815 39,000 39,000 - - 374,815
222 Recreation Revolving 196,249 2,141,345 2,207,000 4,348,345 4,523,006 4,523,006 21,588 223 Household Haz. Waste Fund 398,110 - - 119,103 119,103 279,007 228 Hazardous Materials Fund 55,251 - - - - 55,251
234 Pt. San Pedro A.D. Maintenance Portion 88,713 158,000 158,000 183,186 183,186 63,527 235 Baypoint Lagoons L & L Assessment District 200,692 25,368 25,368 212,700 212,700 13,360 236 Loch Lomond CFD #10 762,873 25,000 25,000 18,855 18,855 769,018 237 Loch Lomond Marina CFD #2 402,244 223,119 223,119 135,030 135,030 490,333 240 Parkland Dedication - - - - -
241 Measure A Open Space 305,000 549,878 549,878 665,000 665,000 189,878 242 Measure C Wildfire Prevention 902,260 1,956,238 1,956,238 2,449,469 2,449,469 409,029 495 Low and moderate Income Housing Fund 1,145,304 - 95,760 95,760 1,049,544 LIBRARY AND FALKIRK:
214 Library Revolving 1,462,290 1,024,814 1,910,100 2,934,914 4,120,000 4,120,000 277,204 215 Library Special Assessment Fund 998,165 1,167,507 1,167,507 1,628,626 1,628,626 537,046 Library Fund 2,460,455 2,192,321 1,910,100 4,102,421 5,748,626 - 5,748,626 814,250 PUBLIC SAFETY:
200 Abandoned Vehicle 21,569 80,000 85,000 165,000 175,720 175,720 10,849 202 Asset Seizure 1,637 - - 1,637
204 Crime Prevention 5,573 - - 5,573
230 Youth Services - Police 80,609 15,000 15,000 40,005 40,005 55,604 Public Safety Fund 109,388 95,000 85,000 180,000 215,725 - 215,725 73,663 TRAFFIC AND HOUSING:
243 Affordable Housing in lieu 3,799,032 866,051 866,051 302,000 302,000 4,363,083 245 Housing & Parking In-lieu 362,558 - - 362,558
246 East S.R. Traffic Mitigation 2,366,484 575,000 575,000 725,000 725,000 2,216,484 Traffic & Housing Mitigation Funds 6,528,075 1,441,051 - 1,441,051 1,027,000 - 1,027,000 6,942,126 GRANT:
201 A.D.A.. Access Projects - - - - - -
260 Pickleweed Childcare Grant 128,942 598,207 598,207 674,495 674,495 52,654 281 Public Safety Grants 513,037 538,000 538,000 595,395 595,395 455,642 283 Grant-Other 75,146 842,952 842,952 143,206 143,206 774,892 Grant Funds 717,124 1,979,159 - 1,979,159 1,413,096 - 1,413,096 1,283,187 SPECIAL REVENUE & GRANT FUND TOTAL 31,846,837 36,987,866 4,202,100 41,189,966 57,774,613 650,000 58,424,613 14,612,190

CONSOLIDATED FUNDS
I I

EXHIBIT I

CONSOLIDATED FUNDS
ASSESSMENT DISTRICTS:

Var. Assessment District Projects 305,088 - - 305,088
ASSESSMENT DISTRICT TOTAL 305,088 - - - - - - 305,088
CAPITAL PROJECT FUNDS:
401 Capital Improvement 1,317,492 - 300,000 300,000 1,017,492 405 Open Space Acquisition 116,842 - - - 116,842
406 Bedroom Tax 103,275 - - 103,275
407 Parks Capital Projects 14,809 - - 14,809
420 Measure E - Public Safety Facilities 8,100,559 - - 2,250,000 2,250,000 5,850,559 CAPITAL PROJECT FUND TOTAL 9,652,978 - - - 2,550,000 - 2,550,000 7,102,978 ENTERPRISE FUND:
501 Parking Services 7,613,312 4,600,010 4,600,010 4,391,306 582,148 4,973,454 7,239,868 ENTERPRISE FUND TOTAL 7,613,312 4,600,010 - 4,600,010 4,391,306 582,148 4,973,454 7,239,868 INTERNAL SERVICE FUNDS:
227 Sewer Maintenance - 3,152,947 3,152,947 3,152,947 3,152,947 - 600 Vehicle Replacement 5,770,787 1,024,336 1,024,336 3,531,000 3,531,000 3,264,123 601 Technology Replacement 3,073,327 2,369,933 2,369,933 3,459,183 3,459,183 1,984,077 602 Fire Equipment Replacement 1,054,187 131,000 131,000 131,000 131,000 1,054,187 603 Building Improvement 3,594,948 2,000,000 2,000,000 800,000 800,000 4,794,948 604 Employee Benefits 855,550 1,000,000 1,000,000 1,181,309 1,181,309 674,241 605 Liability Insurance 1,016,699 2,364,880 2,364,880 3,373,816 3,373,816 7,763 606 Workers Compensation Insurance 326,132 3,676,730 3,676,730 3,523,455 3,523,455 479,407 607 Dental Insurance 449,526 548,690 548,690 495,000 495,000 503,216 608 Radio Replacement 532,424 450,001 450,001 410,000 410,000 572,425 609 Telephone/Internet 179,863 773,763 773,763 773,764 773,764 179,862 611 Employee Retirement 2,428,159 - - 4,000 680,313 684,313 1,743,846 612 Retiree Health Benefit OPEB 838,627 3,450,833 3,450,833 3,660,000 3,660,000 629,460 613 Police Equipment Replacement 450,330 40,000 40,000 130,000 130,000 360,330 INTERNAL SERVICE FUND TOTAL 20,570,558 20,983,113 - 20,983,113 24,625,474 680,313 25,305,787 16,247,884 TRUST AND AGENCY FUNDS:
712 Library Fiduciary 2,407,165 - - - 1,910,100 1,910,100 497,065 TRUST & AGENCY FUND TOTAL 2,407,165 - - - - 1,910,100 1,910,100 497,065 -
COMBINED FUNDS TOTAL 75,675,391 163,372,557 6,029,561 169,402,117 189,520,353 6,029,561 195,549,914 49,527,594 LESS: INTERFUND TRANSFER (6,029,561) (6,029,561) (6,029,561) (6,029,561) LESS: INTERNAL SERVICE CHARGES (17,821,318) (17,821,318) (17,821,318) (17,821,318) NET TOTALS FY 2023-2024 75,675,391 145,551,239 - 145,551,239 171,699,035 - 171,699,035 49,527,594 I I

GENERAL FUND
PROPOSED BUDGET FY 2023-24

EXHIBIT II

REVENUES & OTHER OPERATIONAL SOURCES
Taxes
Property Tax and related $ 25,351,496
Sales Tax 25,414,990
Sales Tax -Measure E 14,487,000
Sales Tax -Measure R 4,829,000
Franchise Tax 4,270,000
Business Tax 2,602,000
Transient Occupancy Tax 3,100,000
Other Agencies
CSA #19 Fire Service 2,515,788
VLF Backfill 7,000,000
Other Agencies (Prop 172, Owner Prop Tax, State Mandate, Other agencies) 1,853,633 Other Revenues
Permits & Licenses (building, electrical, encroachment, use, alarm) 2,855,788 Fine & Forfeitures (traffic, vehicle, etc.) 212,740
Interest & Rents (investment earnings, rents, etc.) 456,900 Charges for Services (includes dev't fees and plan review) 2,645,764 Other Revenue (damage reimbursements, misc income) 594,500 Sub-total: Revenues $ 98,189,599

TRANSFERS IN
from Gas Tax 650,000
from Parking Services Fund - Admin. cost 497,148
from Employee Retirement Fund - POB debt payment 680,313 Sub-total: Transfers In $ 1,827,461
TOTAL SOURCES $ 100,017,060

EXPENDITURES AND OTHER OPERATIONAL USES
Expenditures by Department
Finance 3,033,755
Non-Departmental 9,578,384
City Manager/City Council 3,247,605
City Clerk 581,169
Digital Service 1,949,021
Human Resources 724,561
City Attorney 1,211,301
Community Development 6,686,645
Police 26,818,491
Fire 23,570,766
Public Works 15,125,015
Library 3,392,971
Economic Development 814,456
Sub-total: Expenditures $ 96,734,140

OPERATIONAL TRANSFERS OUT
to Recreation Fund - Operating support 2,207,000
to Internal Service Funds 1,100,000
Sub-total: Transfers Out $ 3,307,000
TOTAL USES $ 100,041,140
NET OPERATING RESULTS $ (24,080)
Exhibit III
Final Final Final Final Final Final Final Final Final
Proposed
Budget
Departments 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Community Development 17.80 19.80 20.00 21.00 21.00 20.75 20.75 22.00 23.00 23.00 Community Services 59.31 59.33 59.43 59.43 60.90 54.90 54.90 54.90 56.90 56.90 City Attorney 3.50 3.50 3.50 3.50 3.50 3.50 3.50 3.50 3.50 3.50 City Clerk 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 City Manager/Council 14.56 14.56 14.56 15.56 11.56 11.56 11.56 10.56 11.56 11.56 Economic Development (former RDA) - - - - 2.00 2.00 2.00 1.00 1.00 1.00 Finance 11.00 11.72 11.72 9.72 9.72 9.72 9.72 11.00 11.00 11.00 Fire 79.00 79.00 79.00 78.00 78.00 78.00 78.00 80.00 82.00 82.00 Library 23.41 23.41 23.41 23.41 23.41 21.66 21.66 21.66 21.66 21.66 Human Resources 3.00 3.50 4.00 4.00 4.00 4.00 4.00 3.00 4.00 4.00 Digital Services (Formerly IT) 5.70 5.70 6.70 6.70 9.70 8.70 8.00 8.00 8.00 8.00 Parking Services 16.63 16.63 16.63 16.63 16.63 16.63 16.63 16.63 16.63 16.63 Police 88.00 89.00 90.00 90.00 92.00 92.00 94.00 93.00 93.00 93.00 Public Works 62.00 62.00 62.00 62.00 61.00 63.00 64.00 65.00 65.00 66.00 Fixed-Term 7.98 12.26 13.06 18.53 17.16 16.81 21.01 27.51 25.51 25.51 Citywide Positions 393.89 402.41 406.01 410.48 412.58 405.23 411.73 419.76 424.76 425.76 Note: Growth in Fixed-Term employees largely due to new Fire Department staff supported by Measure C funding.

City of San Rafael
Authorized Positions
General Notes:

The above-authorized positions are presented as full-time equivalent employees (FTE's) based on various workweek hours as negotiated in employee agreements. The totals by department reflect a combination of full-time or permanent part-time, or fixed term positions that are entitled to all or pro-rated benefits in accordance with the negotiated agreements for employees or individuals who are under contract. The totals reflected above, or in the detail department program sections, do not include temporary or seasonal employees that are utilized for short-term or specific reasons during the year.

Figure 1: Graph of Regular and Fixed-Term Staff, 2004 to 2024 320
340
360
380
400
420
440
460
Regular Fixed Term

SAN RAFAEL

THE CITY WITH A M ISSION
■ ■
City of San Rafael
Job Class Specification
Job Title: Deputy Building Official

SUMMARY
Under direct supervision of the Chief Building Official/Fire Marshal: assigns, coordinates, supervises and participates in the daily operations of the Building Division, performs inspection of buildings, examines plans and specifications in the enforcement of laws regulating the construction of buildings in the City of San Rafael, issues building permits, determines and collects fees.

DISTINGUISHING CHARACTERISTICS:

This is a single incumbent class. This is a first level working supervisor within the Building Inspector series. Employees within this class are distinguished from the Building Inspector II by the addition of a full range of supervisory duties including planning work, primary contacts with the public including problem resolution, performance of the most complex commercial inspections, plan review, quality assurance, and performance appraisal of the Building Inspectors and Plan Checkers. Provides the Chief Building Official/Fire Marshal with advice and consultation on building matters and for the efficient operations of assigned functions within the Building Division.

ESSENTIAL DUTIES AND RESPONSIBILITIES
This list is intended to be illustrative and does not represent an exhaustive list of duties and responsibilities. Incumbents may not perform all duties and responsibilities listed. Other duties may be assigned.
• Analyzes, distributes and monitors the inspection workflow. • Provides work review, information and training to Building Division personnel as directed. • Assigns work, including field inspections, to Building Inspectors I & II • Oversees and inspects all major commercial work.
• Serves as the focal point for complaints and dispute resolution. • Coordinates the work of the department with other City departments and outside agencies. • Reads and interprets plans and discusses requirements with builders and owners. • Investigates all disabled access complaints, issues reports and assists with resolution. • Inspects building construction, plumbing, electrical and gas installations in residential, business, industrial and public buildings.
• Conducts final inspections of newly completed buildings. • Reviews and investigates violations of building code laws. • Performs complex plan reviews of residential and commercial projects. • Provides information to the public regarding building requirements. • Communicates status of programs and keeps the Chief Building Official informed of pertinent issues.
• Performs related duties as required.
• Checks permit applications for completeness and accuracy before issuing permits. • Responsible for the efficient and progressive operation of the Inspection Division. • Serves as technical advisor and assistant to the Chief Building Official/Fire Marshal on building related issues; assumes the duties of the Chief Building Official in his/her absence; • Within procedures prescribed by the Chief Building Official/Fire Marshal reviews the content of correspondence, the preparation of reports and the maintenance of records. • Performs field inspections on the more complex code enforcement assignments. • Assists in budget preparation and the administration of division budget.

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• Develops methods and procedures to ensure efficient and proper operation of computerized permit review process, plan checking, permit issuance, and inspection process.

Knowledge of:
• Principles of supervision, training, and performance evaluation. • Missions and requirements of other related departments and outside agencies. • Federal, State and Municipal Codes, ordinances and regulations relating to building construction. • Building construction safety standards. Principles, techniques of building inspection and engineering mathematics.
• Accepted methods of construction. Building, Plumbing, Electrical, and Mechanical codes and ordinances including State access and energy codes.
• Computer software for daily use and permit administration.

Ability to:
• Plan, organize and supervise the work of the Building Inspectors. • Resolve disputes concerning code requirements and effect compliance. • Operate a computer, effectively using the department’s permitting software, and operate miscellaneous office equipment.
• Deal effectively with people involved with building construction, particularly contractors, architects, developers, engineers, and property owners.
• Review construction plans and conducting field inspections of buildings, subdivisions, improvements, and site development projects.
• Analyze, interpret and accurately check building plans and specifications. • Maintain cooperative working relationships with engineers, architects and contractors, officials, employees and the general public.
• Apply building related codes and ordinances, including the California Uniform Building, Electrical, Plumbing, Mechanical Codes, State Title 24 Accessibility and Energy, and zoning codes. • Establish and maintain effective cooperation and professional relationships with subordinates, public officials, private citizens, and public groups.
• Communicates clearly both orally and in writing, and to write concise and accurate reports • Independently handle administrative details.

EDUCATION AND EXPERIENCE REQUIREMENTS:

Graduation from high school or equivalent based on courses taken from an accredited educational institution. Associate of Science degree in Building Inspection or related field is preferred. Five (5) years of progressively responsible experience in building inspection, including commercial, of which at least two (2) years must be in a supervisory capacity.

CERTIFICATES, LICENSES, REGISTRATIONS:

Special Requirement: Valid CA driver’s license. Must maintain ICC certification in at least three of the following areas: commercial building inspector, combination building inspector, electrical inspector, plumbing inspector or mechanical inspector. These cBuilding Inspector certifications are from ICC is required at time of hire. In addition, Plans Examiner certification from ICC is required, but may be obtained within 6 months of hire.

LANGUAGE SKILLS:

Ability to read and interpret documents such as rules, operating and maintenance instructions and procedure manuals. Ability to prepare clear and comprehensive written reports and correspondence.

Ability to communicate effectively, both verbally and in writing.

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MATHEMATICAL SKILLS:

Ability to calculate figures and amounts such as discounts, interest, commissions, proportions, and percentages. Ability to apply concepts of basic algebra.

REASONING ABILITY:

Ability to solve practical problems and deal with a variety of concrete variables in situations where standardization exists. Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form.

PHYSICAL DEMANDS:

While performing the duties of this job, the employee is regularly required to stand; walk; use hands to finger, handle, or feel; reach with hands and arms; and talk or hear. The employee frequently is required to climb or balance and stoop, kneel, crouch, or crawl. The employee must regularly lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 50 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus.

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly exposed to outdoors weather conditions and regularly works in inside environmental conditions. The employee is occasionally exposed to moving mechanical parts. The noise level in the work environment is usually moderate but occasionally loud.

The nature of the work requires the employee to climb ladders or scaffolding in order to access and walk on rooftops. A sense of balance is required to walk on pitched rooftops. The job also requires the ability to access and enter cramped quarters such as crawl spaces located under homes, or spaces such as attic areas. Working within the crawl space may bring the employee into contact with reptiles, insects and/or rodents. While conducting an inspection, it may require the employee to walk over rough, uneven, and rock surfaces.

FLSA Status: Nonexempt
Prepared By: Leslie Loomis, Thomas Ahrens
Prepared Date: January 2008
Approved By: City of San Rafael
Revised Date: March 2023
Revised By: Alicia Giudice
Grade Position A B C D E
7315 Accounting Manager $ 10,080 $ 10,584 $ 11,113 $ 11,668 $ 12,252 2303 Assistant Community Development Director $ 12,646 $ 13,278 $ 13,942 $ 14,639 $ 15,371 2400 Assistant Library and Recreation Director $ 11,355 $ 11,923 $ 12,519 $ 13,145 $ 13,802 2202 Assistant Public Works Director $ 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 TBD Deputy Building Official* $ 10,265 $ 10,778 $ 11,317 $ 11,883 $ 12,477 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 7125 Deputy Director of Emergency Management $ 12,886 $ 13,530 $ 14,207 $ 14,917 $ 15,663 7127 Deputy Fire Chief $ 14,663 $ 15,396 $ 16,166 $ 16,974 $ 17,823 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 2138 Housing Manager $ 11,173 $ 11,732 $ 12,318 $ 12,934 $ 13,581 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 Principal HR Analyst $ 9,779 $ 10,268 $ 10,781 $ 11,320 $ 11,886 4206 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 2101 Senior Management Analyst I $ 7,985 $ 8,384 $ 8,803 $ 9,243 $ 9,705 2105 Senior Management Analyst II $ 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 7245 Supervising Librarian $ 8,242 $ 8,654 $ 9,087 $ 9,541 $ 10,019 2150 Sustainability Program Manager $ 8,013 $ 8,413 $ 8,834 $ 9,275 $ 9,739 *Position to be reclassed to Principal HR Analyst

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2023
City of San Rafael
Job Class Specification
Job Title: Principal Human Resources Analyst
Operations Manager
SUMMARY:

To perform highly complex and analytical, professional level work in the implementation of the Human Resources functions in the areas of labor and employee relations, workers compensation, risk management, recruitment and retention, classification, compensation, training, and benefits administration; manage and direct Human Resources employee (s); manage and direct a division and/or assist the Human Resources Director in managing the day to day functions of the Human Resources Department in the areas of recruitment and retention, classification, compensation, training, benefits, labor relations and workers’ compensation programs; performs highly complex managerial and professional level work in the implementation of the Human Resources goals and objectives; and perform related work as directed.

SUPERVISION RECEIVED AND EXERCISED:

Receives general direction from the Human Resources Director. May Ssupervises professional, technical and/or support staff assigned to the department.

CLASS CHARACTERISTICS:

This single position class will maintain be assigned to oversee all day to day Human Resources functions including full responsibility in benefit administration and assistance to the Human Resources Director in Employee and Labor Relations, Risk Management, Workers Compensation and Benefits Administration functions functions. This class is distinguished from the Human Resources Director in that the latter has the overall management responsibility for all personnel services, activities and functions. It is distinguished from the Management Analyst series, itn that the Principal Human Resources Analyst will be responsible for the most complex work in the division and may supervise other Human Resources professionals.

EXAMPLES OF RESPONSIBILITIES AND DUTIES responsibilities and duties may include, but are not limited to the following:
• Assists in the development and implementation of goals, objectives, polices, procedures and work standards for the department; assists in administering the department’s budget. • Plans, organizes, administers, reviews and evaluates the activities of professional and technical support staff.
• Assist the Human Resources Director inResponsible for managing and running the City’s employee relations and labor negotiations functions, including contract negotiations and meet and confer sessions, grievance responses, and working with department on employee discipline and performance coaching..
• Oversees and manages the Risk mManagement and Workers Compensation programs for the City.
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• Confers with City employees regarding personnel, employee relations, or related activities or problems and may assist the Director in conferring with supervisors and managers on the same matters, as required..
• Prepare complex written reports and make presentations to the City Council as required. • Assists the Director in managing the training program for the City in assessing training needs and in developing programs to enhance the skill and performance level of employees.
• Selects assigned staff and provides for theirDevelops and deliverddeliversed training and professional development; interprets City policies and procedures to employees. • Directs and conducts analytical studies; develops and reviews reports of findings, alternatives and recommendations.
• Helps in preparing the department’s annual operating budget; monitors expenditures to ensure that the department operates within the allocated budget. • Oversees the recruitment testing and certification program for the City; reviews and approves recruitment and examination plans for open and promotional recruitments using established guidelines and authorities; works with subordinate staff to design and implement appropriate internal procedures to assure that the recruitment, testing and certification meet accepted standards.
• Periodically reviews and evaluates established recruitment and selection procedures and recommends and implements changes when required.
• Manages and directs the City’s employee benefits program including leave management programs; negotiates with insurance carriers on rates and coverage; works with insurance brokers to obtain the best rates and coverage for a variety of products; monitors industry trends and recommends strategies to the Human Resources Director dealing with cost and quality.
• Participate in labor relations activities, including contract negotiations, meet and confer sessions and meet and consult sessions.
• Serve as HR lead regarding Information Systems/Technological management; explore the application of new human resource technologies to the division’s function and programs and recommends the acquisition of technologies when appropriate. • May be required to conduct investigations into discrimination complaints and make recommendations for resolving complaints; coordinates Ccity response to state and federal enforcement agencies when required.

KNOWLEDGE OF:
• Principles and practices of labor relations and employee relations in a labor represented organization.
• Laws, policies, contracts including MMBA, and MOU’s governing the relationship between the City of San Rafael and its employees.
• The principles, practices and techniques of personnel assessment and employment testing including, but not limited to the Uniform Guidelines on Employee Selection Procedures; the Standards for Educational and Psychological Testing and other authorities.
• The principles, practices and techniques of position classification and compensation management.
• Principles, practices and technique of program analysis. • Pertinent Federal, State and local laws, codes and regulations dealing with the employment process.
• The principles, practices and techniques of employment benefit management. • The principles, practices and techniques of employee evaluation, and performance management programs, and employee counseling.

ABILITY TO:
• Resolve complex personnel management issues in a constructive manner. • Plan, direct and supervise the work of professional, technical and support staff; develop work plans and monitor job performance; conduct performance reviews. • Prepare complex written reports in a clear and precise manner. • Analyze data and develop appropriate conclusions.
• Make public presentations before the City Council and other authorities. • Maintain cooperative and constructive relationships with the position’s stakeholders. • Negotiate agreements on behalf of the City of San Rafael • Apply rules, regulations, labor agreements, state and federal laws to complex personnel management problems.
• Use a variety of computer applications to manage information.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following required knowledge, skills and abilities. which would typically be acquired through:

Possession of a bachelor’s degree with major course work in business or public administration, industrial relations, human resources management or a closely related fieldfiled and five years of professional experience in public administrationHuman Resources required, including two years of direct supervision preferably in a public agency increasingly responsible work in the areas of labor and employee relations and/or Workers Compensation. A Master’s degree in Human Resources Management, Public Administration or a related field is preferred.

FLSA Status: Exempt
Prepared By: MRG Consulting / City of San Rafael
Prepared Date: February 2020May 2023
Approved Date:

I - ____ _
City of San Rafael
Job Class Specification
Job Title: Deputy City Clerk I/II

SUMMARY
Under general supervision, performs a variety of highly responsible and complex technical, administrative and clerical activities in support of the City Clerk’s office. This position reports to the City Clerk and is responsible for maintenance of the City's official records, for recording and producing the minutes of City Council meetings; providing administrative support to the City Clerk; and performing related work as required.

DISTINGUISHING CHARACTERISTICS:

This is a single-position classification in the City Clerk's Office. This class series is distinguished from other classes by responsibility for maintenance of official City records and other prescribed activities.

Deputy City Clerk I - This position works under general supervision while progressing in their assignment of more complex tasks as procedures and processes of duties are learned.

The Deputy City Clerk II position is distinguished from the Deputy City Clerk I position by a higher level of administrative knowledge and experience required for successful performance of the full range of assigned duties; a greater complexity of work assignments; a higher level of independent judgment and initiative exercised in the performance of assignments with only occasional instruction or assistance as unusual or unique situations arise; and a potential for greater impact of erroneous decisions on operating costs and schedules of a City department. Incumbents in this classification are expected to exercise a high degree of initiative and independent judgment in performing confidential and complex tasks.

These positions are not flexibly staffed, and advancement is not automatic from one level to the next.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
• In the absence of the City Clerk, functions as the City Clerk, attends City Council meetings and perform all of the duties of holding a public meeting, including facilitating public comment, calling roll for Council votes, etc.and records actions by using information technology. • Ensures adherence to established Council meeting procedures and rules; processes Council actions in the form of resolutions and ordinances; performs research, data gathering and analysis for written reports to the City Clerk.
• Prepares Council Chambers or other rooms for meetings • Generates Action Agendas and finalizes official minutes. • Processes and responds to Public Records Act (PRA) requests. • Plans, organizes, develops, implements and administers the City-wide records management system.
• Maintains, updates and enforces records retention schedules, policies and procedures • Assists in the development and implementation of goals, objectives, policies, procedures and work standards for the department.
• Participates in the development and administration of the department's budget. • Maintains current knowledge of new trends and innovations in the field of records management • Answers telephone calls, responds to email, researches records and retrieves information for general public, City Council and City staff
• Prepares agenda packets, hard copy and electronically, for Council meetings. • Files and indexes official City records as prescribed. • Maintains other City and departmental records and files.

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San Rafael City CouncilJune 5, 2023

San Rafael City Council
June 5, 2023