AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 2, 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-2023-10-02 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 – 6:00 PM
Dial-in: (669) 900-9128, Meeting ID# 825-2571-0612#
1. Mayor Kate to announce Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 6:00 PM
2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9(d)(1): 2 cases
1. City of San Rafael v. Francisco Boulevard Investors, LLC (Marin Superior Court, Case No. CIV2202980)
2. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
3. 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 2 action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.
4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of September 18, 2023 (CC) Recommended Action - Approve minutes as submitted
b. Information Technology Services Agreement Renewal
Authorize the City Manager to Execute a General Service Agreement with Addendum with Xantrion, Inc., for Information Technology Services from November 1, 2023 Through October 31, 2024 In an Amount Not to Exceed $1,131,000 (DS) Recommended Action – Authorize the City Manager to execute a general service agreement with addendum with Xantrion, Inc., for information technology services from November 1, 2023 through October 31, 2024 in an amount not to exceed $1,131,000 c. Proclamations
Proclamation Supporting Indigenous People’s Day 2023 (CM) Proclamation Supporting Cybersecurity Awareness Month (DS) Proclamation Supporting Fire Prevention Week 2023 (FD)
Recommended Action – Receive and file
d. Special Event Street Closures
Resolution Authorizing the Temporary Closure of Fourth Street Between A Street and Lootens Place in San Rafael for the Mill Valley Film Festival Closing Party (PD) Recommended Action – Adopt Resolution
OTHER AGENDA ITEMS:
5. Other Agenda Items:
a. City Emergency Operations Plan Adoption
Resolution Adopting the City of San Rafael Emergency Operations Plan (FD) Recommended Action – Adopt Resolution
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.
SAN RAFAEL SUCCESSOR AGENCY:
1. Consent Calendar: - None.
ADJOURNMENT:
OPEN SESSION – COUNCIL CHAMBERS – FOLLOWING ADJOURNMENT
6. Mayor Kate to announce Closed Session items.
3 CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING ADJOURNMENT
7. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9(d)(1): 2 cases
1. City of San Rafael v. Francisco Boulevard Investors, LLC (Marin Superior Court, Case No. CIV2202980)
2. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)
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 October 2, 2023 meeting
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, SEPTEMBER 18, 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-2023-09-18 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.
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 – 6:00 PM
Dial-in: (669) 900-9128, Meeting ID# 860-4688-5312#
1. Mayor Kate announced Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 6:00 PM
2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9(d)(1): 1 case
1. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)
Present: Councilmember Hill
Councilmember Kertz
Vice Mayor Llorens Gulati
Mayor Kate
Absent: Councilmember Bushey
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
2 Mayor Kate called the meeting to order at 7:05 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present, except for Councilmember Bushey.
City Attorney Rob Epstein announced there was no reportable action in Closed Session.
Mayor Kate provided opening remarks, which included appreciation to City staff, comments on Mahsa Amini’s story and a land acknowledgment.
City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom, 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
• Miriam Silver addressed the City Council regarding fire safety and defensible space. • Jack Wilkinson addressed the City Council regarding the City’s budget. • Jonathan Frieman addressed the City Council regarding E-Bike safety. • Pam Reaves addressed the City Council regarding gas leaf blower enforcement.
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 Cristine Alilovich:
• Marin Sanitary Service Annual Customer Appreciation Day to be held Sunday, September 24, 9am-2pm at their facility.
• Annual Hops and Vines Stroll to be held Saturday, September 30, 2-6pm on Fourth Street
• Movies in the Park Update - Event starts at 5pm and movie to start 15 minutes after sunset.
o Friday, September 22, The Super Mario Bros. Movie (in Spanish) at Pickleweed Park
o Friday, October 6, Monsters University at Terra Linda Park • Boards, Commissions & Committees (BCCs) applications are open online for many BCCs, including the new Police Accountability and Advisory Committee (PAAC).
Interviews to be held in October.
City Councilmember Reports:
• Vice Mayor Llorens Gulati attended the Bret Harte Garage Sale and Non-Labor Day Picnic, the Building Bridges for Marin Housing Solutions event, the Greening our Future tree event, PorchFest and the 10th Salvadoran Independence Festival. • Councilmember Kertz attended the District 4 PAAC Open House, the Marin Senior Fair, the San Rafael Chamber Business Showcase, the Building Bridges for Marin Housing Solutions event, and PorchFest.
• Councilmember Hill attended PorchFest and the San Rafael Tree Group event. • Mayor Kate reported on Transportation Authority of Marin (TAM) and spoke at Marin Academy on a Sustainable Cities panel. She attended a Safe Routes to School meeting, the San Rafael Chamber of Commerce Showcase, the Multi-Cultural Center of Marin Open House, PorchFest and a Latinas in Power celebration of Vice Mayor Lorens Gulati for being the first Latina on the San Rafael City Council. 3 Mayor Kate invited public comment; however, there was none.
CONSENT CALENDAR:
Mayor Kate invited public comment; however, there was none.
Vice Mayor Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar.
4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of September 5, 2023 (CC) Approved minutes as submitted
b. Second Amendment to Cooperation Agreement with County of Marin for Grant Programs
Authorize Execution of a Second Amendment to the City’s Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and Home Programs (CD)
Authorized Execution of a Second Amendment to the City’s Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and Home Programs c. Office of Traffic Safety Grant Approval
Resolution Accepting the State of California Office of Traffic Safety “Traffic Records Improvement Project” Grant Funds in the Amount of $12,900, and Authorizing the City Manager to Execute a Grant Agreement (PD)
Resolution 15251 - Resolution Accepting the State of California Office of Traffic Safety “Traffic Records Improvement Project” Grant Funds in the Amount of $12,900, and Authorizing the City Manager to Execute a Grant Agreement
d. Downtown Library Modernization Project Agreement Amendment Approve and Authorize the City Manager to Execute a First Amendment to the Professional Services Agreement with Noll & Tam Architects for Architectural, Engineering and Interior Design Services Associated with the Downtown Library Modernization Project, for a Total Amount Not to Exceed $391,731, and to Extend the Term of the Contract by An Additional Twelve Months (LR) Approved and Authorized the City Manager to Execute a First Amendment to the Professional Services Agreement with Noll & Tam Architects for Architectural, Engineering and Interior Design Services Associated with the Downtown Library Modernization Project, for a Total Amount Not to Exceed $391,731, and to Extend the Term of the Contract by An Additional Twelve Months
AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
SPECIAL PRESENTATIONS:
5. Special Presentations:
a. Youth Art Exhibit in City Hall – Fair Housing for All (LR) 4 Alexis Captanian, Housing Program Analyst commented on the Art Exhibit and introduced Fair Housing for All project team. Suzanne Joyal, Youth in Arts, Shirl Buss, Y-Plan, Catherine RossPerry, Office of Fair Housing & Equal Opportunity at the US Department of Housing & Urban Development and Craig Veramay, Assistant Library & Recreation Director provided comments.
Mayor Kate invited public comment; however, there was none.
Mayor Kate called a recess at 7:38 p.m.
Mayor Kate called the meeting back in session at 7:47 p.m.
OTHER AGENDA ITEMS:
6. Other Agenda Items:
a. Permit Improvement Program & Customer Satisfaction Survey Marin Builders Association & Marin Economic Forum Permit Improvement Program – Phase II Report (CD)
Community Development Director Ali Giudice introduced the item and Chief Building Official Don Jeppson, who presented the Staff Report.
Casey Mazzoni and Rick Wells, Marin Builders Association provided comments.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Al Vetere, Name withheld
Staff responded to questions asked during the public comment period.
Councilmembers provided comments.
Councilmember Kertz moved and Vice Mayor Llorens Gulati seconded to accept the Marin Builders Association & Marin Economic Forum Permit Improvement Program – Phase II Report.
AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
Accepted report
b. Fiscal Year 2022-2023 Year-End Budget Amendments
Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2022- 2023 for the Purpose of Confirming Authorized Appropriations and Transfers (Fin) Finance Director Paul Navazio introduced the item and Finance Manager Shawn Plate, who presented the Staff Report.
5 Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there was none.
Staff responded to questions asked during the public comment period.
Councilmembers provided comments.
Councilmember Kertz moved and Councilmember Hill seconded to Adopt the Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2022-2023 for the Purpose of Confirming Authorized Appropriations and Transfers.
AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
Resolution 15252 - Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2022-2023 for the Purpose of Confirming Authorized Appropriations and Transfers SAN RAFAEL SUCCESSOR AGENCY:
1. Consent Calendar: - None.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 8:39 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2023
_____________________________________
KATE COLIN, Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.b
Meeting Date: October 2, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Digital Service & Open Government
Prepared by: Sean Mooney, Director City Manager Approval: ______________ TOPIC: INFORMATION TECHNOLOGY SERVICES AGREEMENT RENEWAL SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A GENERAL SERVICE AGREEMENT WITH ADDENDUM WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2023 THROUGH OCTOBER 31, 2024 IN AN AMOUNT NOT TO EXCEED $1,131,000
RECOMMENDATION:
Authorize the City Manager to execute a general service agreement with addendum with Xantrion, Inc., for information technology services from November 1, 2023, through October 31, 2024, in an amount not to exceed $1,131,000.
BACKGROUND:
In May 2019, the Department of Digital Service and Open Government published a Request for Proposals for a managed-service provider to address the City’s information technology systems and assembled an evaluation team with representatives from the Police, Fire, Library & Recreation, and Public Works departments. The City received eight proposals. At the end of the evaluation process, Xantrion (from Oakland, CA) was selected as the preferred vendor to partner with the City by providing the following services:
• Technical support (“help desk”)
• Network, server, and database administration
• Equipment purchasing
• User account management
• Data backup and recovery
• Network monitoring and security
The City entered into an agreement with Xantrion in October 2019 for managed IT services across all Departments. The City Council has approved renewing that one-year agreement for the past three years in October 2020, October 2021, and October 2022, respectively.
In the past four years, Xantrion has helped the City improve cyber-security, supported network projects and citywide network resilience, streamlined day-to-day tech support, improved customer service, and standardized user management and purchasing. As of September 15, 2023, Xantrion has processed 2,749 support tickets since November 1, 2022, and completed the following IT projects:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Proactive Computer Replacement – Replaced 60 end-of-life computers and worked with staff to migrate their software, files, and settings to the new systems. • Disaster Recovery Environment – Developed a Disaster Recovery environment to improve the recovery time objective to hours from days or weeks in the event of a catastrophic failure at the Public Safety Center, equipment failure, or ransomware scenario. Xantrion saved funds by repurposing end-of-life equipment to City Hall and synced existing production systems from the Public Safety Center.
• Azure Multi Factor Authentication (MFA) Enhancements – Worked to improve cybersecurity by requiring number matching and providing the application requesting access and location context to the MFA request.
• Fire Station 55 Retrofit – Deployed new IT infrastructure at Fire Station 55, including internet service providers, networking equipment, WIFI, telephones, and relocated computers and printers.
• Fire Station 54 Retrofit – The team deployed new IT infrastructure at Fire Station 54 including internet service providers, networking equipment, WIFI, telephones, and relocated computers and printers.
• LastPass Breach Mitigation – After a breach at LastPass, Xantrion worked with staff members to re-encrypt password vaults hosted by LastPass to avoid security risks in San Rafael. • Office 365 Teams/SharePoint Migrations – The Xantrion team is supporting the Office 365 data migration and completed data migrations for the City Attorney, City Clerk, Digital Service, Economic Development, Human Resources, Parking Services, Sanitation District, Community Development, City Council Meeting Preparation, and Sustainability. The remaining Departments are aiming to be completed before the calendar year.
• Mobile Device Management (MDM) Migration – Migrated public safety mobile devices from the AirWatch MDM solution to Microsoft for more functionality and reduced costs. MDM allows the City to manage and secure data and services on City-owned devices proactively. • Security Information and Event Management (SIEM) System - Deployed Azure Sentinel to improve cybersecurity detection and response by aggregating log data and applying detection of suspicious activity capabilities to be triaged by Xantrion’s Security Operations Center (SOC). A SEIM system will help the City recognize and address potential security threats and vulnerabilities before they have a chance to disrupt Citywide operations. • Radius Based WIFI – Deployed a WIFI system that securely and automatically connects City owned laptops to the city network without staff interaction at City Hall and the PSC. This improves the secure access of the City network by trusted machines. • Replaced Police Department Mall Substation ISP & Firewall – Replaced the legacy T1 connection with a new internet service provider (ISP) that provides increased performance at a lower cost for the Police Department’s satellite office in Terra Linda. • Deployed Single Sign On (SSO) for Axon Evidence and NextRequest - Streamlined staff access and improved security by leveraging the City’s identity and access management system for these applications, including multi-factor authentication (MFA). • LaserFiche Upgrade – Worked with the City Clerk to upgrade Laserfiche to the newest version. • Windows 2012 Server upgrades – Improved the security of the network by upgrading 19 servers that will reach end of life by year end.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ANALYSIS:
The cost of the November 1, 2022 – October 31, 2023 agreement with Xantrion was $1,068,350. Last year, the City changed the pricing structure from a device-based model to an active-user-based model to avoid potential impacts on long- term cost increases of new devices across the City. This approach accommodated users who do not open tickets with Xantrion and mitigated fluctuations in the City’s hiring where there is not a significant impact on Xantrion’s ticket workload (i.e., Spring and Summer months when lifeguards and swim instructors are brought on board). Xantrion has proposed a 5% per user increase in monthly costs to accommodate increases in operational costs due to inflation and cost of living adjustments for their staff. Additional monthly costs include monthly backup of City data and hosting our Security Event and Information Management system which assists in the detection, analysis, and response to potential security threats.
Other changes to this agreement include reducing Xantrion’s Cybersecurity insurance coverage from $10,000,000 to $5,000,000. This reduction is due to increased insurance rates and Xantrion’s goal to better align with insurance practices in the industry. They have assured the City that the $5,000,000 rate is enough to guarantee business continuity in the case of a disaster or if they were to be found negligent.
The City carries $5,000,000 in cybersecurity liability coverage as part of our insurance coverage with California Joint Powers Risk Management Authority (CJPRMA) The change to Xantrion’s liability coverage does not impact the City’s cybersecurity insurance coverage.
The proposed renewal is for one year, beginning November 1, 2023, and ending October 31, 2024. The price for service with Xantrion remains competitive, and their service level and customer satisfaction with City staff remains high.
2022-23 2023-24
(5% per user increase)
Annual Cost $1,068,350 $ 1,131,000
FISCAL IMPACT:
The total amount of the proposed new agreement is $1,131,000, and the estimated cost from November 1, 2023, to June 30, 2024, is $773,883, which funds were appropriated through the FY 2023-24 budget in the Technology Fund (fund 601). The remaining $ 357,116, to cover the cost from July 1, 2024 to October 31, 2024, is planned for inclusion in the FY 2024-25 budget.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to execute a general service agreement with addendum with Xantrion, Inc., for information technology services from November 1, 2023, through October 31, 2024, in an amount not to exceed $1,131,000.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Authorize the City Manager to execute a general service agreement with addendum with Xantrion, Inc., for information technology services from November 1, 2023, through October 31, 2023, in an amount not to exceed $1,131,000.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
ATTACHMENTS:
1. Xantrion General Service Agreement and Addendum
866.926.8746 1 www.xantrion.com
15834843.4
GENERAL SERVICE AGREEMENT
XANTRION INC.
AND
CITY OF SAN RAFAEL
866.926.8746 2 www.xantrion.com
15834843.4
TABLE OF CONTENTS
1 Services................................................................................................................................................. 4
1.1 Statement of Work ....................................................................................................................... 4
1.2 Personnel ...................................................................................................................................... 4 2 Terms of Payment................................................................................................................................. 4
2.1 Services Fees; Equipment and Software Costs............................................................................. 4
2.2 Overdue Payments........................................................................................................................ 5
2.3 Taxes............................................................................................................................................. 5 3 Term, Termination................................................................................................................................ 5
3.1 Term.............................................................................................................................................. 5
3.2 Termination for Convenience ....................................................................................................... 5
3.3 Termination for Cause .................................................................................................................. 5
3.4 Effect of Termination.................................................................................................................... 6
3.5 Survival.......................................................................................................................................... 6 4 Equipment, Software and Supplies....................................................................................................... 6
4.1 Equipment; Software; Supplies..................................................................................................... 6
4.2 Limited Warranty.......................................................................................................................... 7 5 Independent Contractor Status............................................................................................................ 7 6 Non-Solicitation .................................................................................................................................... 7 7 Unauthorized Access to Data or Use of the Services............................................................................ 7 8 No Warranties; Limitations of Liability; Indemnification...................................................................... 8
8.1 No Warranties............................................................................................................................... 8
8.2 Limitation of Liability .................................................................................................................... 8
8.3 Indemnification............................................................................................................................. 8 9 Confidentiality....................................................................................................................................... 9
9.1 Definition ...................................................................................................................................... 9
9.2 Confidentiality............................................................................................................................... 9
9.3 Access to Systems......................................................................................................................... 9 10 Compliance ......................................................................................................................................... 10
10.1 Protection of Personally Identifiable Information...................................................................... 10
10.2 Compliance with Laws Applicable to Client................................................................................ 10
10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements......... 11 11 Security Incident Response................................................................................................................. 11
11.1 Obligations.................................................................................................................................. 11
11.2 Disclaimer ................................................................................................................................... 11 13 Other Insurance Provisions................................................................................................................. 12 14 Harassment Free Workplace; Nondiscrimination............................................................................... 13 15 Miscellaneous..................................................................................................................................... 13
15.1 Notices........................................................................................................................................ 13
15.2 Governing Law ............................................................................................................................ 13
15.3 Remedies .................................................................................................................................... 13
15.4 Dispute Resolution; Attorney’s Fees........................................................................................... 13
15.5 Force Majeure............................................................................................................................. 15 866.926.8746 3 www.xantrion.com
15834843.4
15.6 Headings ..................................................................................................................................... 15
15.7 Severability ................................................................................................................................. 15
15.8 No Waiver................................................................................................................................... 15
15.9 No Assignment............................................................................................................................ 15
15.10 City Business License / Other Taxes............................................................................................ 16
15.11 Entire Agreement; Modification................................................................................................. 16 16 Counterparts....................................................................................................................................... 17 Exhibit A -Addendum To The General Service Agreement Information Technology Services 19 866.926.8746 4 www.xantrion.com
15834843.4
GENERAL SERVICE AGREEMENT
This General Service Agreement, including any attachments referenced herein and made a part hereof (this “Agreement”), is entered into as of November 1, 2023 (the “Effective Date”), by and between Xantrion, Inc., a California corporation (“Xantrion”), with offices at 651 20th Street, First Floor, Oakland, CA 94612, and City of San Rafael with offices at 1400 Fifth Avenue, San Rafael, CA 94901 (“Client”). 1 Services
1.1 Statement of Work
Xantrion shall provide the services (the “Services”) as described in the Addendum To The General Service Agreement Information Technology Services of even date herewith, attached as Exhibit A hereto and incorporated herein by reference ("Addendum"). The Services shall be performed and delivered in a workmanlike manner in accordance with generally recognized industry standards for computer consultants performing similar services.
1.2 Personnel
Xantrion, acting as an independent contractor, shall engage employees, consultants, or subcontractors (“Xantrion Personnel”) to provide the Services specifically outlined in the Addendum, and Xantrion shall be fully and directly responsible for all Xantrion Personnel. Xantrion shall (i) provide competent and qualified personnel to perform the Services; (ii) ensure that it complies with all laws, regulations, ordinances and licensing requirements; (iii) ensure Xantrion Personnel performing any Services on Client’s premises comply with any applicable Client guidelines as provided to Xantrion from time to time, including, but not limited to, any data security policies; and (iv) determine the method, detail, and means of performing the Services under this Agreement.
2 Terms of Payment
2.1 Services Fees; Equipment and Software Costs
Unless otherwise agreed to in writing by the parties, payment for Services by Xantrion (“Service Fees”) rendered and any equipment, software, licenses, 3rd party services, hardware, parts and supplies (“Supplies”) shall be due within forty-five (45) days from the date of the applicable invoice provided by Xantrion to Client. If Xantrion does not receive payment within such forty-five (45) day-period, Xantrion shall have the option to suspend the Services without any liability until payment is received. 866.926.8746 5 www.xantrion.com
15834843.4
2.2 Overdue Payments
Interest shall accrue on any delinquent amounts owed by Client to Xantrion at the rate of [0.8333% per month.
In the event of a good faith dispute related to the invoices submitted by Xantrion, Client shall notify Xantrion in writing setting forth the reasons of such dispute, and the parties shall cooperate to resolve such dispute.
2.3 Taxes
Client shall be responsible for any applicable sales or use taxes on any amounts payable by Client hereunder. 3 Term, Termination
3.1 Term
Unless sooner terminated, the term of this Agreement, and the applicable Services requested as set forth in the accompanying Addendum shall be for one (1) year commencing on the Effective Date ("Term") and shall continue during the Term unless this Agreement is otherwise terminated sooner in accordance with Section 3.2 or Section
3.3. During this Term, Xantrion shall not increase its fee rates over and above the rates charged on Services provided as of the Effective Date. New Services added during the Term may be charged at Xantrion’s then-current rates. The termination of any Service shall not modify any Term of this Agreement. The termination of this Agreement shall immediately terminate any and all Services executed hereunder.
3.2 Termination for Convenience
Either party may terminate this Agreement or any applicable Service at any time without cause upon at least ninety (90) days’ prior written notice to the other party. In the event that either party elects to terminate this Agreement pursuant to this Section 3.2, Xantrion agrees to provide sufficient efforts and cooperation to ensure an orderly and efficient transition of Services to Client or another service provider, whichever Client elects, at Xantrion’s then-current time and materials rates.
3.3 Termination for Cause
Either party may terminate this Agreement or any applicable Service for Cause (as defined below) immediately upon written notice to the other party.
For purposes of this Agreement, “Cause” means: (i) Client’s failure to pay any amount due within thirty (30) days of the applicable due date; (ii) a party’s conviction of, or plea of nolo contendere to, any felony, or any other crime involving fraud, embezzlement, or act of moral turpitude; (iii) a party’s unauthorized use or disclosure of any Confidential Information or other proprietary information of the other party or any other 866.926.8746 6 www.xantrion.com
15834843.4
party to whom the offending party owes an obligation of nondisclosure as a result of the parties’ relationship; (iv) a material breach of this Agreement by a party which is incapable of cure, or with respect to a material breach capable of cure, is not cured within thirty (30) days after receipt of written notice from the affected party of such breach; (v) a dissolution or liquidation of any party, or any corporate action taken by any party for such purpose; (vi) any party’s insolvency or admission of its inability to pay its debts generally as they become due; or (vii) any party’s voluntary filing of a bankruptcy petition or general assignment for the benefit of creditors.
3.4 Effect of Termination
Upon termination of this Agreement, Xantrion shall not be obligated to provide any further Services to Client and Xantrion shall have the right to remove any equipment or other Supplies belonging to Xantrion which has been installed or placed at Client’s location for the performance of the Services hereunder. Client shall pay all outstanding invoices, as well as any invoices which may be submitted to Client following the date of termination for Services Fees or Supplies or costs incurred up to the date of termination, within ten (10) days of the date of termination or within thirty (30) days of the date of the invoice, whichever is later. Upon termination of this Agreement for any reason, each party shall (i) return to the other party or destroy all documents and tangible materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information, (ii) permanently erase all of the other party's Confidential Information from its computer systems, and (iii) if requested by the other party, provide written confirmation within ten (10) days of receiving such request that it has complied with the requirements of this section.
3.5 Survival.
The terms of Sections 2, 3, 4, 5, 7, 8, 9, and 15 shall survive the termination of this Agreement. 4 Equipment, Software and Supplies
4.1 Equipment; Software; Supplies
Xantrion is not responsible for compatibility issues, project delays, or other problems with Supplies (i) provided by Client, (ii) purchased by Client through a third party, or (iii) manufactured by a third party and purchased by Client from Xantrion (collectively, “Third Party Products”) except if expressly recommended by Xantrion.
Notwithstanding anything contained herein to the contrary, in the event Xantrion installs a Third Party Product and such Third Party Product fails within ninety (90) days of installation, Xantrion will provide the labor to reinstall the product free of charge. 866.926.8746 7 www.xantrion.com
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4.2 Limited Warranty
Xantrion represents and warrants to Client that the Supplies, processes, and procedures employed, used, and operated by Xantrion in providing the Services will be sufficient to provide the Services at the levels of reliability represented in the description and definition of the Services.
Third Party Products purchased through Xantrion are warrantied by their respective manufacturers and any applicable manufacturer’s warranties will be passed through to the Client. Xantrion will only accept returns on such Third Party Products if they are defective and returned within thirty (30) days of Client’s receipt of such Third Party Product.
5 Independent Contractor Status
Client and Xantrion acknowledge and agree that: (i) Xantrion is an independent Contractor, (ii) the parties are not engaged in a joint venture, partnership, employment, or fiduciary relationship; and (iii) neither party is authorized to act as agent or incur any obligation on behalf of the other. 6 Non-Solicitation
Client acknowledges that Xantrion will recruit and train personnel to provide Services for Client under this Agreement, and that this is a costly and time-consuming endeavor. Client therefore agrees not to directly, or indirectly through a third party, solicit, induce, recruit for employment, or attempt to solicit, induce, or recruit for employment, any Xantrion personnel who has performed Services for Client under this Agreement to provide the same or similar services. Client shall comply with this obligation during the term of this Agreement, and for a period of twelve (12) consecutive months after termination. Client shall be relieved of its obligations under this provision if Client first pays Xantrion the sum of the actual cost of retaining and training individual personnel.
The Parties further agree that this amount shall be no less than $60,000 per individual personnel, which Client agrees accurately reflects the minimum reasonable value of Xantrion's time and costs with respect to recruiting and training personnel to work for Client. Notwithstanding any other provisions in this Agreement, the parties retain all legal remedies, at law or equity, upon violation of this provision. 7 Unauthorized Access to Data or Use of the Services
Xantrion is not responsible to Client for unauthorized access to the electronic data of Client stored on Xantrion’s servers (“Client Data”) or the unauthorized use of the Services unless such unauthorized access or use results from Xantrion’s failure to meet its obligations described in the Agreement. Client is responsible for the use of the Services by any employee or consultant of Client, other than Xantrion, any person to whom Client has given access to the Client Data, and any person who gains access to the Client Data or Services as a result of Client’s failure to use reasonable security precautions, even if such use was not authorized by Client. 866.926.8746 8 www.xantrion.com
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8 No Warranties; Limitations of Liability; Indemnification
8.1 No Warranties
EXCEPT AS PROVIDED IN SECTION 1.1 (SERVICES) AND SECTION 4.2 (LIMITED WARRANTY), XANTRION
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO
THE SERVICES PROVIDED HEREUNDER, AND WITH REGARD TO ANY THIRD PARTY PRODUCTS, INCLUDING IN
EACH CASE ANY WARRANTY OF NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
8.2 Limitation of Liability
IN NO EVENT WILL XANTRION, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, BE LIABLE FOR: (I)
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH
DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY.); OR (II) COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, SUPPLIES, LOST PROFITS, LOSS OF DATA; OR (III) ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT,
TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS THE AGGREGATE SERVICES FEES ACTUALLY PAID BY CLIENT HEREUNDER IN THE SIX (6) CALENDAR MONTHS BEFORE SUCH CLAIM AROSE;
PROVIDED THAT SUCH LIMITATION OF LIABILITY SHALL NOT EXTEND TO DIRECT DAMAGES INCURRED AS A RESULT OF THE WILLFUL MISCONDUCT OF XANTRION OR ITS EMPLOYEES. THE PARTIES AGREE THAT THE
LIMITATIONS IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF FEES CHARGED IN CONNECTION WITH THIS
AGREEMENT AND THAT, WERE XANTRION TO ASSUME ANY FURTHER LIABILITY, SUCH FEES WOULD OF NECESSITY HAVE BEEN SUBSTANTIALLY HIGHER.
8.3 Indemnification
To the fullest extent permitted by law subject to the limitations set forth in this Agreement,, Xantrion shall indemnify and hold harmless, and defend the Client, its officers, agents, employees and volunteers (collectively, the “Client Indemnitees”) from and against any and all suits, actions, legal proceedings, claims, demands, damages, losses and expenses which may be made by individuals or organizations, including, but not limited to attorneys' fees, expert fees and all other costs and fees of litigation (each a "Claim" and collectively the "Claims"), arising out of or resulting from the Xantrion's negligence or willful misconduct in the performance of the Services.
The acceptance or approval of Xantrion’s Services by Client or any of its directors, officers or employees shall not relieve or reduce Xantrion’s indemnification obligations. However, to the extent that any Claim arises from, relates to, or is in connection with, the negligence or willful misconduct of the Client Indemnitees, or any of them, then Xantrion's indemnification obligation and liability hereunder for the Claim shall be reduced in proportion to the Client Indemnitees’ total share of liability for the Claim as a result of the Client Indemnitees' negligence or willful misconduct.
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9 Confidentiality
9.1 Definition
The term “Confidential Information” as used in this Agreement shall mean any information disclosed, directly or indirectly, by a party (the “Discloser”) to the other party (the “Recipient”) that may reasonably be considered proprietary or confidential including, without limitation, the Discloser’s operational and business methods and practices, economic and financial information, know-how, recommendations, instructional methods, Client Data (as defined below), software and information systems, technical processes, products, product designs, machinery, research and development, intellectual property, and any material embodiments thereof.
Notwithstanding the foregoing, the term “Confidential Information” shall not include any information that (i) is or becomes generally available to the public other than as a result of the Recipient’s breach of this agreement; (ii) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in Recipient’s possession prior to the Discloser’s disclosure hereunder; or (iv) was or is independently developed by Recipient without using any Confidential Information.
9.2 Confidentiality
The Recipient agrees to (i) take reasonable measures to protect and safeguard the confidentiality of, and avoid disclosure and unauthorized use of, the Discloser’s Confidential Information with at least the same degree of care as the Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Discloser’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person or entity, except as required to assist the Recipient to exercise its rights or perform its obligations under this Agreement.
Disclosure of Confidential Information is not prohibited if such disclosure is compelled pursuant to a legal proceeding or is otherwise prescribed by law. If the Recipient receives a request to disclose any Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, the Recipient, prior to disclosing any Confidential Information, and, except as may be prohibited by law, will notify the Discloser of such requirements to afford the Discloser the opportunity to seek a protective order or other remedy.
9.3 Access to Systems
Xantrion representatives and contractors, shall only access Client systems and data as is necessary to perform the Services agreed to. Client understands that Xantrion representatives may share access with other vendors 866.926.8746 10 www.xantrion.com
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to the limited extent required to perform the Services. Notwithstanding the foregoing, when access to criminal justice data or systems is necessary to perform the Services, Xantrion agrees that its designated representatives will comply with Client’s requirements for access to such systems and information, including but not limited to fingerprinting and a satisfactory background check, as a precondition to being granted access to those systems or data.
10 Compliance
None of the Services or underlying information or technology may be downloaded, exported, or re-exported into any country to which the United States has embargoed goods, or to any individual or entity that has been denied export privileges by the U.S. Treasury Department or the U.S. Department of Commerce. By using the Services, Client is agreeing to the foregoing and Client is representing and warranting that Client is not a national resident of, or located in or under the control of, any country subject to such export controls.
10.1 Protection of Personally Identifiable Information
The parties agree to use commercially reasonable security precautions to protect Personally Identifiable Information, “PII”, (as hereafter defined) transmitted to or from, or stored at, Xantrion’s data centers. Client must comply with the laws applicable to Client’s use of the Services and with Xantrion’s policies and procedures, as may be amended. Client agrees to cooperate with Xantrion’s reasonable investigation of Service outages, security problems, and any suspected breach. For purposes of this Agreement, “PII” means (i) any information that identifies an individual, such as name, social security number or other government issued number, date of birth, address, telephone number, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, § 6809(4), and (iii) any "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
The parties agree to comply with the applicable provisions of HIPAA, the requirements of any regulations promulgated thereunder including, without limitation, the federal privacy regulations as contained in 45 CFR Parts 160 and 164 (the “Federal Privacy Standards”), the Electronic Transaction Standards (45 CFR Parts 160 and 162) the Security Standards (45 CFR Parts 160, 162 and 164), and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), Public Law 111-05 and regulations promulgated thereafter.
The parties further agree to comply with the applicable provisions of the PROTECT Our Children Act contained in 42 USC 13032 and 18 USC 2258A .
10.2 Compliance with Laws Applicable to Client
As it pertains to Client’s Confidential Information and/or Data stored or managed by Xantrion, Xantrion will comply with any and all confidentiality, security, privacy and or compliance requirements, rules and/or regulations imposed on Client by local, state or federal authorities, agencies, regulatory agreements and or laws 866.926.8746 11 www.xantrion.com
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to the extent Client has provided to Xantrion in writing the specific requirements to satisfy said confidentiality, security, privacy and or compliance requirements, rules and/or regulations.
10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements Client acknowledges its obligation to comply with all provisions of software manufacturer’s licensing and allowed usage requirements. Client agrees to honor the provisions of the “Microsoft Cloud Agreement” incorporated herein by reference.
11 Security Incident Response
11.1 Obligations
Xantrion acknowledges its obligation to support Clients in the event of a Security Incident. Services we will perform and the basis on which they will be billed are described in the Addendum – Services.
11.2 Disclaimer
Xantrion does not represent that any service will prevent a security incident. Nor do we represent that we have legal expertise or expertise in forensic investigations. Clients are advised to consider purchasing cyber-liability policies to protect against the risk of a security incident. In the event of an incident, Client is advised to contact their own legal counsel to determine their obligations to report an incident, and to notify their insurance carrier of a potential claim and to permit the insurance company or its designated agents to conduct any investigation. 12 INSURANCE
During the term of this Agreement, Xantrion shall, at its own expense, maintain and carry insurance with financially sound and reputable insurers, in full force and effect that includes, but is not limited to:
Insurance Type Description of Liability covered Aggregate Limit
Cyber Liability, Privacy/Network
Security, Cyber Crime & Cyber
Deception Endorsement
Data breach of our systems or a Client system for which we are liable Including forensic costs, notification costs, credit or identity protection, extortion, regulatory action, fines and penalties. and business interruption.
$5 mm
Third Party Crime Third Party Crime $250 K
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Commercial General Liability Bodily injury, personal injury and property damage caused by the business' operations, products, or injury that occurs on the business' premises.
$2 mm
Errors and Omissions Liability Claims made by Clients for failure to provide products or services, inadequate work or negligent actions.
$10 mm
Workers Compensation On the job injury $1 mm
Employment Practices Liability Claims made by employees alleging discrimination (based on sex, race, age or disability, for example), wrongful
termination, harassment and other employment-related
issues, this also extends to Third Party – Clients, Vendors, etc.
$1 mm
13 Other Insurance Provisions
13.1 Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall be specifically endorsed to include Client, its officers, agents, employees, and volunteers, as additional insureds under the policies.
13.2 The additional insured coverage under Xantrion’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by Client and shall not call upon Client’s insurance or selfinsurance coverage for any contribution. The “primary and noncontributory” coverage in Xantrion’s policies shall be at least as broad as ISO form CG20 01 04 13.
13.3 Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.
13.4 By execution of this Agreement, Xantrion hereby grants to Client a waiver of any right to subrogation which any insurer of Xantrion may acquire against Client by virtue of the payment of any loss under such insurance. Xantrion agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not Client has received a waiver of subrogation endorsement from the insurer.
13.5 Xantrion’s worker’s compensation insurance shall be specifically endorsed to waive any right of subrogation against Client.
13.6 Xantrion shall cooperate with Client in providing Client with copies of all insurance provisions or endorsements required by this Agreement.
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14 Harassment Free Workplace; Nondiscrimination
Xantrion and Client mutually commit to observing the highest standards of conduct in maintaining an environment that is free of discrimination, including harassment of any kind and on the basis of a legally protected status.
Accordingly, Xantrion and Client will not tolerate any form of harassment against anyone, including employees, vendors, independent contractors, or guests. Xantrion and Client understand and acknowledge their legal obligation both, not to engage in, and to report any unwelcome conduct, whether verbal, physical, sexual, or visual, and that is based upon a person’s protected status. Xantrion and Client shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of their duties and obligations under this Agreement. 15 Miscellaneous
15.1 Notices
All notices under this Agreement shall be sent to a party at the respective address indicated in the introductory paragraph hereof, or to such other address as such party shall have notified the other in writing. All such notices so addressed shall be deemed duly given (a) upon delivery, if delivered by courier or by hand (against receipt); or (b) three days after posting, if sent by certified or registered mail, return receipt requested.
15.2 Governing Law
This Agreement shall be construed and controlled by the laws of the State of California, without reference to conflicts of law principles. To the extent that any lawsuit is permitted under this Agreement, the parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Marin County, California.
15.3 Remedies
The parties agrees that remedies at law for a breach or threatened breach of any of the provisions of this Agreement, including any disclosure or use of the Confidential Information, may be inadequate and, in recognition of this fact, in addition to all other remedies available at law, the parties will be entitled to seek specific performance or injunctive relief to enforce the terms of this Agreement.
15.4 Dispute Resolution; Attorney’s Fees
Xantrion and Client agree to each use its best efforts to mutually resolve any claim, controversy, liability or dispute arises between the parties relating to or in connection in any way with this Agreement or its interpretation, validity or enforcement (collectively, “Disputes” or, in the singular, “Dispute”). 866.926.8746 14 www.xantrion.com
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Failing that, and unless otherwise agreed by the parties in writing, such dispute shall be adjudicated by final, binding arbitration under the auspices, and in accordance with then-applicable commercial arbitration rules and procedures, of JAMS, Inc. (“JAMS”) at JAMS’ San Francisco offices. The arbitrator shall be mutually-agreed upon by the parties to the arbitration. If the parties cannot agree upon an arbitrator within ten (10) business days after the filing of any demand for arbitration or statement of claims with JAMS (or, if a party is asked to participate in the joint selection of an arbitrator, but is unresponsive or otherwise does not do so within the foregoing time period), then JAMS shall select as arbitrator a retired judge having at least ten (10) years’ experience in industry-related disputes pursuant to its normal procedure for selecting an arbitrator when parties cannot agree upon an arbitrator.
The parties to the Dispute shall share equally in the costs of arbitration. If any party to the Dispute fails or refuses to pay its portion of JAMS arbitration-related administration fees or arbitrator’s fees in a timely manner, the other party to the Dispute may, at its election, pay such fees and proceed with the arbitration without the participation of the party who fails or refuses to pay its share of such fees, and any final arbitration award shall require the non-paying party to reimburse the paying party for such fees and costs.
The arbitrator shall have the power to award only such damages, remedies, or relief that would be available in a court otherwise having jurisdiction of the matter, but no other damages, remedies or relief. The arbitrator shall render all rulings and make all adjudications based solely upon the law governing the claims, counterclaims and defenses pleaded and shall not invoke any basis (including, without limitation, notions of “just cause”) other than such controlling law. The arbitrator shall have the authority to issue an award that provides for both legal and equitable relief, as applicable, including, without limitation, an order for issuance of a temporary or preliminary injunction. Notwithstanding the foregoing, the parties may avail themselves in the court of the rights and remedies provided by Section 1281.8 of the California Code of Civil Procedure. In any arbitration proceeding commenced under this section, the merits hearing (i.e., trial) shall begin by no later than ninety (90) calendar days after the filing of any demand for arbitration or statement of claim with JAMS. The arbitrator shall prepare a written statement of decision and award within five (5) business days following the conclusion of the arbitration merits hearing. Judgment on the decision, award or other order of the arbitrator may be confirmed and entered by the court.
The decision of the arbitrator shall be final and conclusive, and the parties hereby waive the right to trial de novo or appeal, excepting only for the purpose of confirming the arbitrator’s decision, award or other order and entering judgment thereupon, for which purpose the court shall have sole and exclusive jurisdiction. Such confirmation and entry of judgment may be obtained by ex parte application. Additionally, any petition to compel arbitration and any other legal proceeding seeking to enforce or avoid arbitration under this Agreement shall be filed and litigated exclusively in the court.
The prevailing party in any arbitration of a Dispute shall be entitled to recover from the other party or parties the reasonable attorneys’ fees and costs (including all costs of collection and recovery of any monies adjudicated to be due), experts’ fees and costs, arbitration administrative fees, court filing and other fees, and arbitrator’s fees that the prevailing party actually incurs in connection with that proceeding and any related-action or proceeding in the court; however, the parties agree that, in the event a party to the Dispute is adjudicated to be 866.926.8746 15 www.xantrion.com
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a prevailing party, that party shall seek to recover attorneys’ fees under this section for the services performed only by two (2) attorneys from the same law firm retained by that party. In the event this provision is adjudicated to be unenforceable or the parties to the Dispute jointly elect to seek an adjudication of their dispute in a judicial forum, the foregoing fees and costs recovery provision shall apply with equal force to that judicial adjudication of the Dispute.
15.5 Force Majeure
Neither party shall be deemed to have defaulted or breached hereunder, nor shall it hold the other party responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, hostile or warlike action including cyber or armed attacks in times of peace or war by a government or sovereign power, labor strike, lockout, boycott, or other similar events beyond the reasonable control of such party (collectively, “Force Majeure”), provided that the party relying upon this provision: (i) gives prompt written notice thereof, and (b) takes all steps reasonably necessary to mitigate the effects of the Force Majeure event.
15.6 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
15.7 Severability
If any provision in this Agreement is found or held to be invalid or unenforceable by a court of competent jurisdiction, then (i) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
15.8 No Waiver
A waiver of a breach or default under this Agreement shall not be a waiver of any other breach or default.
Failure of either party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition unless accompanied by a dear written statement that such term or condition is waived.
15.9 No Assignment
Client shall not assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, except in the event of a merger, acquisition, or sale of substantially all of Client’s assets. Subject to the foregoing, this Agreement shall inure to the benefit of the parties’ permitted successors and assigns.
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15.10City Business License / Other Taxes.
Xantrion shall obtain and maintain during the duration of this Agreement, a City of San Rafael business license as required by the San Rafael Municipal Code. Xantrion shall pay any and all state and federal taxes and any other applicable taxes. Client shall not be required to pay for any Services or work performed under this Agreement, until Xantrion has provided Client with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
15.11Entire Agreement; Modification
This Agreement, and any attachments hereto, contains the entire understanding of the parties with respect to the matters contained herein. This Agreement shall supersede any prior understanding or agreement, written or oral between the parties. In the event of any conflict between the terms hereunder and any attachment, these terms shall govern unless such attachment expressly states that the terms and conditions of the attachment shall control. There are no promises, covenants or undertaking other than those expressly set forth herein, and any other terms and conditions are rejected regardless of content, timing or method of communication. Any deviations from or additions to the terms of this Agreement must be in writing and will not be valid unless confirmed in writing by duly authorized officers of Xantrion and Client. 866.926.8746 17 www.xantrion.com
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16 Counterparts
This Agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. This Agreement may be executed and delivered by facsimile transmission, by electronic mail in “.pdf,” or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
Signed:
Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.
Date: August 31, 2023
CITY OF SAN RAFAEL
By: ______________________________
CRISTINE ALILOVICH, City Manager
ATTEST:
______________________________
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
______________________________
GENEVIEVE COYLE, City Attorney
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EXHIBIT A
Addendum To The General Service Agreement Information Technology Services
City of San Rafael
In Recognition of
Indigenous People’s Day 2023
WHEREAS, the City of San Rafael strives for diversity and acceptance, and seeks to uplift and uphold human rights and dignity within the City and neighboring areas; and WHEREAS, since Columbus Day 2015, at least 11 states and 129 cities in the United States have passed measures designating the second Monday in October Indigenous Peoples Day; and WHEREAS, historians have largely agreed that Columbus did not “discover” the Americas as Indigenous people were already here, nor was he the first European to reach the “New World”; and WHEREAS, the City of San Rafael recognizes that the Indigenous Peoples of the lands have lived on these lands since time immemorial; and
WHEREAS, the community of San Rafael and the County of Marin where the City is located is built upon the traditional homelands of the Coast Miwok Peoples, who are now known as the Federated Indians of Graton Rancheria a sovereign nation and the only federally recognized Tribe of Marin County, comprised of Coast Miwok and Southern Pomo peoples; and WHEREAS, the recognition and acknowledgement of Indigenous People’s Day would officially acknowledge the atrocities, genocide and ancestral land displacement inflicted upon the original inhabitants of the City of San Rafael through the California Missions and other systems of oppression by occupying Spanish, English, Russian, Mexican and American settlers; and
WHEREAS, the recognition and acknowledgement of Indigenous People’s Day would officially acknowledge and respectfully support the resistance, persistence, existence and living history of Indigenous people including the Federated Indians of Graton Rancheria; and WHEREAS, the United Nations Rights of Indigenous Peoples Declaration adopted in 2006 confirms the rights of Indigenous peoples to self-determination, recognizes subsistence rights and rights to lands, territories and resources; recognizes that Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress, outlaws discrimination against Indigenous peoples, and promotes their full and effective participation in all matters that concern them, as well as their right to remain distinct and to pursue their own visions of economic and social development, and NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael, do hereby proclaim October 9, 2023 as Indigenous Peoples Day and in doing so, urge all residents and community members to reflect upon the ongoing struggles of Indigenous people in our City, and to celebrate the thriving culture and value that the Federated Indians of Graton Rancheria who are present day Coast Miwok People add to our city, and encourage other businesses, organizations and public entities to recognize Indigenous People’s Day.
Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of
Support of Cybersecurity Awareness Month
WHEREAS, the City of San Rafael recognizes that it plays a vital role in identifying, protecting its residents from, and responding to cybersecurity threats that may have significant impacts to our individual and collective safety and privacy; and
WHEREAS, critical infrastructure (i.e., financial services, educational institutions, energy, telecommunications, transportation, utilities, health care, and emergency response systems, etc.) is increasingly reliant on the support of information systems and technology; and
WHEREAS, cybersecurity education and awareness are crucial for everyone, including small businesses, financial institutions, schools, government agencies, nonprofit organizations, home users, and anyone who connects to the internet, be it with a computer, mobile phone, or other internet-connected device; and
WHEREAS, monitoring your accounts, being conscientious about what you share online, keeping computer software up to date, creating unique passwords and changing them regularly, installing antivirus programs and firewalls, and using mobile devices and other internet-connected devices safely, are ways people and organizations can protect themselves from phishing, viruses, ransomware, other types of malware, financial loss, and loss of sensitive data; and
WHEREAS, the Mayor and City Council are dedicated to the implementation and success of Cybersecurity Awareness Month, to help the community of San Rafael stay safe online and connect with confidence.
NOW, THEREFORE, WE, the Mayor and City Council of San Rafael, do hereby proclaim the Month of October 2023,
Cybersecurity Awareness Month
_______________________________________
Kate Colin
Mayor
City of San Rafael
In Recognition of
Fire Prevention Week 2023
WHEREAS, Historically, one week every October is known as Fire Prevention Week and is intended to help raise awareness to the risks of various types of fires; and WHEREAS, this year, Fire Prevention Week will be held from Sunday October 8 to Saturday October 14; and
WHEREAS, Fire Prevention Week was started by the National Fire Protection Association in 1922 to commemorate the Great Chicago Fire of 1871; and
WHEREAS, the Great Chicago Fire burned between October 8th to October 10th. It killed over 300 residents and destroyed over 17,000 buildings with damages totaling $4.484 billion in today’s dollars; and
WHEREAS, Fire Prevention Week is the longest running public health observance in our country; and WHEREAS, Fire Prevention Week teaches children and adults how to stay safe in the event of fire; and WHEREAS, residential fires are the leading cause of injury and death and can affect anyone regardless of age, gender, race, orientation, income level, religion or background; and WHEREAS, this year’s fire prevention theme is, Cooking Safety Starts with You! Pay Attention to Fire Prevention; with a focus on educating the public about simple and important measures that can be taken to reduce the risk of fires caused by cooking; and WHEREAS, unattended cooking is the leading cause of home fires, fire injuries and fatalities, as such our elderly and vulnerable residents receive training and safety reminders before, during, and after Prevention Week, with additional emphasis on educational outreach on how to be Fire Safe within and outside the home.
NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim the week of October 8 through October 14, 2023 as Fire Prevention Week and in doing so, urge all residents and community members to take the steps, guidance, and measures necessary to prevent fires within the home.
Kate Colin
Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.d
Meeting Date: October 2, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________ TOPIC: SPECIAL EVENT STREET CLOSURES
SUBJECT: RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF FOURTH STREET
BETWEEN A STREET AND LOOTENS PLACE IN SAN RAFAEL FOR THE MILL
VALLEY FILM FESTIVAL CLOSING PARTY
RECOMMENDATION: Adopt the resolution authorizing the temporary closure of Fourth Street between A Street and Lootens Place in San Rafael for the Mill Valley Film Festival Closing Party.
BACKGROUND:
The San Rafael Police Department (Police Department) received a special event application for the Mill Valley Film Festival Closing Party requiring a road closure.
California Vehicle Code section 21101(e) authorizes the City to adopt a resolution temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.
ANALYSIS:
The Police Department reviewed the special event application for the Mill Valley Film Festival Closing Party.
Event producers are required to obtain an encroachment permit, fulfill insurance requirements indemnifying the City from liability associated with their events, and provide detailed information regarding the operation, logistics, and activities included in the events. The permitting process includes street closure diagrams and traffic control plans, which are used to develop internal plans.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Police Chief has the authority to approve special event permits if the applicants meet all the above conditions. The Police Chief recommends the adoption of the attached resolution authorizing the following temporary road closures:
Event: Mill Valley Film Festival
Date(s): Saturday, October 14 – Monday, October 16
Location(s): Fourth Street from A Street to Lootens Place Event Time: Sunday, October 15, 7:00 p.m.- 10:00 p.m.
Closure Time: Saturday, October 14, 12:00 p.m. – Monday, October 16, 10:00 a.m.
Although the event is scheduled for a three-hour period on Sunday, October 15, there is significant infrastructure setup required by the event producer. Infrastructure includes, but is not limited to, traffic barricades, trash service, electrical tie-ins, portable toilets, a large tent, seating, and tables. Therefore, if approved, the closure would be from Saturday, October 14, at 12:00 p.m. to Monday, October 16, at 10:00 a.m.
COMMUNITY OUTREACH:
If approved, the applicants are required to conduct outreach to neighboring merchants, businesses, residents, and the public notifying them of the impacts of their event. The Police Department will utilize social media accounts to notify the public for traffic planning purposes of any street closures.
FISCAL IMPACT:
There is no fiscal impact to the police department associated with the proposed street closure. There are costs associated with the special event permit, and staffing considerations for the event which will be determined and negotiated with the applicant pursuant to the City’s Master Fee Schedule.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution authorizing the specified special event temporary street closures.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Adopt resolution authorizing the temporary closure of Fourth Street between A Street and Lootens Place in San Rafael for the Mill Valley Film Festival Closing Party.
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE TEMPORARY CLOSURE
OF STREETS FOR THE MILL VALLEY FILM FESTIVAL CLOSING PARTY WHEREAS, it is in the best interests of public health and safety to implement modified traffic plans and road closures for certain special events in San Rafael and nearby neighborhoods; and WHEREAS, after reviewing plans for the proposed Mill Valley Film Festival Closing Party special event, City staff recommend that certain streets be closed to accommodate this special event for the safety and protection of persons who are to use that portion of the streets during the temporary closings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES:
1. Pursuant to the authority of California Vehicle Code section 21101(e), the City Council hereby authorizes the temporary closure of streets in downtown San Rafael to accommodate the Mill Valley Film Festival Closing Party special event. This authorized road closure is necessary for the safety and protection of persons who are to use that portion of the streets during the temporary closings.
2. City staff in consultation with the Police Department shall determine the specific time periods for the temporary closures and give timely notice to the public of those time periods by signage and/or other appropriate means.
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 held on the 2nd day of October 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.a
Meeting Date: October 2, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire/Office of Emergency Services
Prepared by: Quinn Gardner, Deputy Director of
Emergency Management
City Manager Approval: ______________
TOPIC: CITY EMERGENCY OPERATIONS PLAN ADOPTION
SUBJECT: RESOLUTION ADOPTING THE CITY OF SAN RAFAEL EMERGENCY OPERATIONS PLAN
RECOMMENDATION:
Adopt resolution adopting the City of San Rafael Emergency Operations Plan.
BACKGROUND:
Local Emergency Operations Plans (EOP) are required by the California Emergency Services Act. EOPs are a guide for responding to natural and human-caused emergencies in which routine emergency services are overwhelmed or insufficient. The FEMA Comprehensive Planning Guide 101 (version 3) recommends reviewing and updating local Emergency Operations Plans every 5-7 years.
Chapter 7.16 of the San Rafael Municipal Code (SRMC) requires that the City develop and maintain an emergency plan which is effective upon the adoption by resolution of the City Council. SRMC 7.16.020 requires the plan to provide for continuity of government, resource mobilization and management, and outline an emergency organizational structure.
In the summer of 2022, staff solicited bids for a contractor to update the City’s EOP. The City received four bids and selected Tamarack Management to complete the project based on their bid, flexibility, and recent and ongoing work with the County of Marin Office of Emergency Management.
The process to update the EOP began in September of 2022, with an initial planning team representing all City Departments and key Emergency Operations Center functions. Staff solicited feedback from key community groups and partners, including the San Rafael Community Response Team (CRT) early in the process.
ANALYSIS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The proposed EOP complies with and is consistent with California’s Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and the Federal Emergency Management Agency’s (FEMA) standards on EOP organization for a local government entity.
It establishes an emergency management organization, addresses the roles and responsibilities of government organizations, and provides a link to federal, state, tribal, and other local government agencies, nonprofit and community-based organizations, and private sector resources that may be activated to address and support disaster and emergency response in the City of San Rafael. It also includes succession planning for each Department Director to account for continuity of government and serves as the internal framework for the City’s emergency operations.
The City of San Rafael Office of Emergency Services (OES), operated out of the Fire Department, is responsible for updating, maintaining, and distributing the City of San Rafael Emergency Operations Plan (EOP). The EOP is a living document designed for flexible use in reference and guidance. It will be reviewed periodically and/or following any significant incident or exercise to allow for continual improvement. A full review will occur in five to seven years.
The EOP will be available to all City of San Rafael departments, the County of Marin, other Marin Operational Area jurisdictions, special districts and political subdivisions, California Governor’s Office of Emergency Services, and other partner organizations as necessary and upon request. Physical copies of the EOP are available at the Fire Department, and digital copies will be available on the City website and internal Sharepoint sites. All new EOC staff will be orientated to the EOP via onboarding, training, and exercises.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the Emergency Operations Plan.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt resolution adopting the City of San Rafael Emergency Operations Plan.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Adopt resolution adopting the City of San Rafael Emergency Operations Plan.
ATTACHMENTS:
1. City of San Rafael 2023 Emergency Operations Plan
2. Resolution
BASE PLAN
CITY OF SAN RAFAEL
EMERGENCY
OPERATIONS
PLAN (EOP)
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Emergency Operations Plan – Base Plan
3 Table of Contents
Table of Contents.....................................................................................................................................................3 List of Tables...............................................................................................................................................................4 List of Figures..............................................................................................................................................................4 Land Acknowledgment...............................................................................................................................................5 Promulgation Statement............................................................................................................................................6 Approval and Implementation ...................................................................................................................................7 Plan Concurrence .......................................................................................................................................................8 Record of Distribution ................................................................................................................................................9 Record of Changes......................................................................................................................................................9 Executive Summary ................................................................................................................................................. 10
1. Introduction..................................................................................................................................................... 12
1.1. Purpose.................................................................................................................................................... 12
1.2. Scope ....................................................................................................................................................... 13
1.3. Whole Community and Equity................................................................................................................. 13
1.4. Assumptions............................................................................................................................................ 15
2. Situation .......................................................................................................................................................... 17
2.1. Hazard Analysis Overview ....................................................................................................................... 18
3. Concept of Operations .................................................................................................................................... 23
3.1. Mitigation ................................................................................................................................................ 23
3.2. Preparedness........................................................................................................................................... 26
3.3. Response ................................................................................................................................................. 30
3.4. Recovery .................................................................................................................................................. 39
4. Roles and Responsibilities............................................................................................................................... 46
4.1. City of San Rafael Government................................................................................................................ 46
4.2. County of Marin....................................................................................................................................... 52
4.3. Special Districts........................................................................................................................................ 52
4.4. Businesses, Nongovernmental Volunteer, and Community-Based Organizations................................. 52
4.5. Support Organizations............................................................................................................................. 53
5. Plan Development and Maintenance.............................................................................................................. 54
5.1. Plan Development and Updates.............................................................................................................. 54
5.2. Standard Operating Procedures Development....................................................................................... 54
5.3. Training And Exercises............................................................................................................................. 55
6. Appendices...................................................................................................................................................... 56
6.1. Appendix A: Acronyms and Abbreviations.............................................................................................. 56
6.2. Appendix B: Glossary............................................................................................................................... 59
6.3. Appendix C: Authorities & Relevant Plans............................................................................................... 59
6.4. Appendix D: List of Disaster Assistance Resources ................................................................................. 62
6.5. Zonehaven Map....................................................................................................................................... 64 Emergency Operations Plan – Base Plan
4 List of Tables
Table 1: Record of Distribution ..................................................................................................................................9 Table 2: Record of Changes..................................................................................................................................... 10 Table 3: City of San Rafael Population Statistics..................................................................................................... 18 Table 4: Priority Hazard Overview........................................................................................................................... 18 Table 5: Areas of Possible Flooding Threat ............................................................................................................. 21 Table 6: Declared Disasters in the San Rafael Since 2017....................................................................................... 22 Table 7: Government Seat Facilities........................................................................................................................ 24 Table 8: EOC Locations............................................................................................................................................ 24 Table 9: Lines of Succession .................................................................................................................................... 25 Table 10: City of San Rafael Education and Outreach Programs............................................................................. 30 Table 11: State and Federal Proclamations and Declarations................................................................................. 32 Table 12: EOC Activation Considerations................................................................................................................ 35 Table 13: EOC Activation Notifications.................................................................................................................... 35 Table 14: Document Retention Responsibilities ..................................................................................................... 38 Table 15: Damage Assessments.............................................................................................................................. 42 Table 16: Assistance for Governments.................................................................................................................... 44 Table 17: Assistance for Individuals and Businesses............................................................................................... 44 Table 18: EOC Responsibilities Overview ................................................................................................................ 48 Table 19: Department Crosswalk ............................................................................................................................ 51 Table 20: Acronyms and Abbreviations................................................................................................................... 58 List of Figures
Figure 1: The Preparedness Cycle............................................................................................................................ 26 Figure 2: Exercise Complexity Spectrum................................................................................................................. 28 Figure 3: SEMS Organizational Levels...................................................................................................................... 33 Figure 4: Discipline-Specific Regional Mutual Aid System....................................................................................... 37 Figure 5: Recovery Continuum Activities ................................................................................................................ 41 Figure 6: EOC Organization...................................................................................................................................... 49 Figure 7: Zonehaven Evacuation Map..................................................................................................................... 64 Emergency Operations Plan – Base Plan
5 Land Acknowledgment
A Land Acknowledgment is a formal statement that recognizes the history and legacy of colonialism that impacted Indigenous Peoples, their traditional territories, and practices. It is a simple, powerful way of showing respect and a step toward correcting past practices and honoring truth.
This land acknowledgement is provided by the Federated Indians of the Graton Rancheria. Outside of the acknowledge the partnership and work continues with the tribe to take actions that are most important to them.
We acknowledge that the present day City of San Rafael is traditionally home to the Coast Miwok people many of whom today are tribal citizens of the Federated Indians of Graton Rancheria. We thank the original care takers of this land and honor their continuing involvement in stewardship practices that benefit us all.
Emergency Operations Plan – Base Plan
6 Promulgation Statement
The City of San Rafael Emergency Operations Plan (EOP) serves as a basis for response to any hazard that threatens the City of San Rafael and as a legal and conceptual framework for emergency management. The EOP provides guidance and direction for those with emergency management responsibilities within the City of San Rafael to successfully respond to the Whole Community, including residents, visitors, businesses, those with access and functional needs (AFN), and traditionally underserved and marginalized communities.
The EOP complies with and is consistent with California’s Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and the Federal Emergency Management Agency’s (FEMA) standards on EOP organization for a local government entity. It establishes an emergency management organization, addresses the roles and responsibilities of government organizations, and provides a link to federal, state, tribal, and other local government agencies, nonprofit and community-based organizations, and private sector resources that may be activated to address and support disaster and emergency response in the City of San Rafael.
Before its issuance, the EOP was reviewed by City of San Rafael department representatives, the Marin County Office of Emergency Management, and those assigned primary responsibilities for managing and implementing emergency functions.
This promulgation is effective upon its signing and shall remain in full force and effect until amended or rescinded by further promulgation. The promulgation of the EOP further affirms the City of San Rafael’s support for emergency management and a safe and resilient community for the Whole Community.
Name: Date:
___________________ ___________
City Manager
City of San Rafael
Emergency Operations Plan – Base Plan
7 Approval and Implementation
The preservation of life, relief of human suffering, restoration of services, and preservation of property, the environment, and local culture and heritage is an inherent responsibility of the government. The City of San Rafael is dedicated to the principle that the safety and security of its residents are contingent on the continuity of public services before, during, and after an emergency or disaster strikes. The City of San Rafael Emergency Operations Plan (EOP) provides a comprehensive approach to managing incidents of all types.
The authority for emergency management in the City of San Rafael rests with the Director of Emergency Services1.
The City of San Rafael Municipal Code provides the Director of Emergency Services2 with authority to direct cooperation between and coordination of services and staff of the emergency organization of the City of San Rafael and resolve questions of authority and responsibility that may arise between them.
The EOP is developed and maintained by the City of San Rafael Office of Emergency Services (OES) and describes the principles and methods to be applied in emergency operations or rendering mutual aid during emergencies.
The EOP was prepared under the oversight of the Deputy Director of Emergency Services to implement and maintain a viable all-hazards response capability and to establish a comprehensive approach to managing emergencies. OES is authorized to develop, update, and maintain the EOP.
The EOP can and should be used in collaboration with other planning documents and tools, including but not limited to the Emergency Operations Center Handbook, hazard specific playbooks, and the Marin County EOP and supporting annexes.
The EOP and its supporting content supersede all previous versions and other iterations of this plan. The EOP shall be effective immediately.
1 https://library.municode.com/ca/san_rafael/codes/code_of_ordinances?nodeId=TIT7EMSE_CH7.08DICO_7.08.020DUPOSC 2 https://library.municode.com/ca/san_rafael/codes/code_of_ordinances?nodeId=TIT7EMSE_CH7.08DICO_7.08.020DUPOSC Emergency Operations Plan – Base Plan
8 Plan Concurrence
Date: ___________
The City of San Rafael Emergency Operational Plan (EOP) is an all-hazards framework for coordinating emergency response and recovery operations within the City of San Rafael during and after an incident, disaster, or planned event.
This statement confirms that the EOP has been reviewed and concurred by departments and stakeholders within the City of San Rafael. The emergency management organization of the City of San Rafael is rooted in an allhazards, Whole Community approach. The Whole Community Approach, as outlined in FEMA document 104-008- 1 (December 2011), includes all residents, visitors, businesses, and employees, and those with access and functional needs and other diverse populations. As outlined in the EOP, planning for the Whole Community is a priority for the City of San Rafael.
The EOP enhances the City of San Rafael’s response capabilities and uses the standards found in the Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and the Incident Command System (ICS). The EOP is a living document designed for flexible use in reference and guidance.
Continued revision and validation of the EOP will continue to enhance the ability of the City of San Rafael to save lives and relieve human suffering of the Whole Community during and after a disaster.
Emergency Operations Plan – Base Plan
9 Record of Distribution
The City of San Rafael Office of Emergency Services (OES) is responsible for updating, maintaining, and distributing the City of San Rafael Emergency Operations Plan (EOP). The Deputy Director of Emergency Management will make the EOP available to all City of San Rafael departments, the County of Marin, other Marin Operational Area (Marin OA) jurisdictions, special districts and political subdivisions, California Governor’s Office of Emergency Services (Cal OES), other partner organizations as necessary, and upon request. Physical copies of the EOP are available at OES, and digital copies are available on the Fire Department website.
Personnel with a role in executive leadership, coordination and management, and operational implementation of emergency procedures have reviewed this plan. They agree with the content of this plan and their role in responding to an emergency, as outlined in the EOP. City of San Rafael departments and partner organizations are encouraged to maintain access to this plan.
City Department/ Organization Date Received Number of Copies City Clerk
City Attorney
City Council
City Manager
Community Development
Digital Services and Open Government
Economic Development
Fire Department
Finance
Human Resources
Library and Recreation
Parking Services
Police Department
Public Works
Sanitation District (San Rafael)
Sustainability
County of Marin OEM
Cal OES
Table 1: Record of Distribution
Record of Changes
Any approved additions or modifications to the City of San Rafael Emergency Operations Plan (EOP) are documented and noted in the table below. After any change to the EOP, the Office of Emergency Services (OES) ensures that the updated version is distributed to all departments, agencies, and individuals listed on the Record of Distribution and that the revised plan is uploaded to any shared sites and webpages where the EOP resides.
Emergency Operations Plan – Base Plan
10 Change
Number
Date of
Change Section Summary of Change Change Made By
(Title and Name)
Table 2: Record of Changes
Executive Summary
The City of San Rafael Emergency Operations Plan (EOP) is an all-hazards conceptual framework for the management of incidents, disasters, and planned events within the City of San Rafael. The EOP addresses the response to and short-term recovery from incidents, disasters, and planned events, provides an overview of each phase of the disaster cycle (mitigation, preparedness, response, and recovery), and aims to improve the capability of the City of San Rafael to understand and act on a holistic approach to the disaster cycle.
Emergency Operations Plan – Base Plan
11 This plan describes the basic emergency response organization and assigns responsibilities for various emergency tasks but does not specify how each department will respond to an emergency. The EOP does not replace but supplements existing emergency procedures by defining the relationships between departments and agencies to build a unified response structure.
The EOP incorporates and complies with the principles and requirements found in state and federal laws, regulations, and guidelines. It incorporates the California State Emergency Plan and Federal Emergency Management Agency (FEMA) Comprehensive Preparedness Guide (CPG) 101.3 Following Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) guidance, this plan incorporates the use of the Incident Command System (ICS), mutual aid, the Operational Area concept, multi-agency, and interagency coordination.
The emergency management organization of the City of San Rafael is rooted in an all-hazards, Whole Community approach. This includes ensuring that the needs of diverse populations, including those with access and functional needs (AFN) and traditionally underserved and marginalized communities, are integrated into all phases of the disaster cycle and all components of the EOP and other relevant emergency plans. The City of San Rafael is committed to including the Whole Community in the planning process to help ensure the response and recovery strategies reflected in the EOP are reflective of the entire City of San Rafael. 3 https://www.fema.gov/sites/default/files/documents/fema_cpg-101-v3-developing-maintaining-eops.pdf Emergency Operations Plan – Base Plan
12 1. Introduction
1.1. Purpose
This Emergency Operations Plan (EOP) is the primary guide for all emergency operations within the City of San Rafael. This plan describes the primary emergency response organization and assigns responsibilities for various emergency tasks. This EOP also provides a legal and conceptual framework for more specific functional appendices describing the chronology, practices, and personnel employed in emergency functions.
The directions, guidance, and other information in this EOP are intended for any individual or group with a role in emergency management functions within the City of San Rafael. This may include elected and appointed officials; local government employees; federal, state, and tribal government partners; businesses; faith-based and community-based organizations; mutual aid response personnel; other nonprofits; and schools and academia.
This plan satisfies the following emergency management program goals and requirements for the City of San Rafael:
• Meets a state requirement to create and maintain an EOP as described in the California Emergency Services Act.4
• Provides information on the City of San Rafael emergency management structure and how the City of San Rafael Emergency Operations Center (EOC) is activated.
• Specifies policies, roles, resources, and practices of the City of San Rafael and partner agencies as they conduct work before, during, and after an emergency.
• Sets forth lines of authority and organizational relationships and shows how actions will be coordinated. • Assigns responsibility to organizations and individuals for carrying out specific actions that exceed routine duty at projected times and places during an emergency. • Describes the principles and methods for carrying out emergency operations or rendering mutual aid during emergencies.
• Acknowledges the City of San Rafael’s adoption of California’s Standardized Emergency Management System (SEMS)5, Incident Command System (ICS)6, and National Incident Management System (NIMS).7 • Delivers preparedness, planning, response, and recovery resources that serve the specific needs of traditionally underserved and marginalized communities, including those with access and functional needs (AFN).
• Provides inclusive and culturally competent response and recovery services to ensure equity for diverse populations.8
This plan accomplishes the following:
• Establishes the emergency management organization necessary for response to any emergency, disaster, or planned event exceeding the capacity of normal resources impacting the City of San Rafael. 4 https://www.caloes.ca.gov/LegalAffairsSite/Documents/Cal%20OES%20Yellow%20Book.pdf 5 https://www.caloes.ca.gov/cal-oes-divisions/planning-preparedness/standardized-emergency-management-system 6 https://training.fema.gov/emiweb/is/icsresource/assets/ics%20review%20document.pdf 7 https://www.fema.gov/emergency-managers/nims 8 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8593.3.&lawCode=GOV Emergency Operations Plan – Base Plan
13 • Establishes the overall operational concepts associated with the management of emergencies. • Provides a flexible platform for planning and response to all hazards and emergencies likely to impact the City of San Rafael. It applies to various anticipated emergencies, including earthquakes, wildland/urban interface fires, floods, terrorist attacks, tsunamis, severe storms, and public health emergencies or other biological incidents. The City of San Rafael also maintains stand-alone appendices, plans, and standard operating procedures (SOPs) that supplement this plan to address those and other hazards. These appendices are intended to be used in conjunction with this Base Plan.
1.2. Scope
This plan defines and guides emergency management activities before, during, and after an incident, disaster, or planned event for all involved individuals and agencies within the City of San Rafael. This includes all jurisdiction departments, elected officials, response agencies, special districts, community organizations, and private sector entities with emergency management responsibilities. The EOP is designed to be flexible, scalable, and adaptable based on the size and complexity of the incident, disaster, or planned event.
This EOP incorporates and complies with the principles and requirements found in state and federal laws, regulations, and guidelines. It incorporates the California State Emergency Plan and Federal Emergency Management Agency (FEMA) Comprehensive Preparedness Guide (CPG) 101.9 It is designed to conform to the requirements of SEMS, as defined in the Government Code of the State of California Section 8607(a)10 and Title 19, California Code of Regulations (CCR), Division 2, Chapter 1, and NIMS.
Individuals and organizations operating within the City of San Rafael are expected to execute this plan with maximum coordination and should familiarize themselves with their respective roles as outlined within the EOP.
1.3. Whole Community and Equity
While every person is vulnerable to the impacts of disasters, individuals from diverse backgrounds, individuals with AFN, and traditionally underserved and marginalized communities are often disproportionately more susceptible and may be at a higher risk to the impacts of disasters. By utilizing a Whole Community approach to emergency management, the City of San Rafael Base Plan and all associated planning documents are intended to ensure policies, program services, and communications equitably serve all individuals and diverse and disproportionately impacted populations who reside in, work in, or visit City of San Rafael. In addition to meeting the California Governor’s Office of Emergency Services (Cal OES) requirements and in alignment with federal best practices, a rigorous Whole Community planning process strengthens community relationships within City of San Rafael. 11 The
Whole Community approach is not only reflected in the planning and review process for this EOP (for more 9 https://www.fema.gov/sites/default/files/documents/fema_cpg-101-v3-developing-maintaining-eops.pdf 10 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=8607.#:~:text=(a)%20The%20Office%20of% 20Emergency,use%20by%20all%20emergency%20response
11 https://www.fema.gov/sites/default/files/2020-07/whole_community_dec2011__2.pdf Emergency Operations Plan – Base Plan
14 information on the EOP planning and review process, see the Plan Development and Maintenance Section), but also in the operational approaches and communications strategies found within the document itself. The City of San Rafael provides inclusive, equitable and just program service development, delivery, and assessment.
This document and corresponding appendices reflect the
following considerations:
• Integration of cultural competency into emergency
communications, emergency planning and
preparedness, mitigation, prevention, response, and
recovery activities.12
• Considerations for populations with access and
functional needs (AFN) and traditionally underserved
and/or marginalized communities into emergency
planning and outreach, response, and recovery
activities.13,14
• All personnel carrying out disaster or emergency assistance functions, including the distribution of supplies, the processing of applications, and other relief and assistance activities, perform their work in an equitable and impartial manner, without discrimination on the grounds of race, religion, sex, color, age, economic status, physical and sensory limitations, sexual orientation, gender identify or expressions, marital status, immigration status, military or veteran status, or national origin.15 • The CMIST (Communication, Maintaining Health, Independence, Services and Support, Transportation) Framework is a recommended, flexible, cross-cutting
approach to defining at-risk individuals to address a
broad set of common access and functional needs
irrespective of specific diagnoses, status, or labels
(e.g., pregnant women, children, and elderly).16 The
City of San Rafael utilizes the CMIST Framework
when planning for the Whole Community is response
and recovery operations.
• In 2021, FEMA released its first ever Equity Action
Plan, developed by the Office of Equal Rights in
collaboration with FEMA program offices. The Equity
Action Plan aims to support not only FEMA but state
and local partners in increasing equity through Public
Assistance and Individual Assistance programs by
12 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB160 13 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8593.3.5.&lawCode=GOV 14 https://www.ada.gov/pubs/adastatute08.htm 15 https://www.law.cornell.edu/cfr/text/44/206.11 16 https://www.phe.gov/Preparedness/planning/abc/Pages/at-risk.aspx The City of San Rafael is inclusive of the
traditionally underserved and/or marginalized
communities through all phases of the disaster
cycle.
For example, this EOP was developed to be
accessible to those with assistive technology
devices as well as with considerations for
those with color blindness. The City of San
Rafael also incorporates emergency
communication, evacuation, and sheltering
resources that are compliant with the federal
Americans with Disabilities Act of 1990 for
individuals with access and functional needs.
Cultural Competency
Cultural competency is defined as the ability
to understand, value, communicate with, and
effectively interact with people across cultures
to ensure that the needs of all community
members are addressed.
Examples of activities that reflect cultural
competence include the integration of
interpreters and translators into emergency
communications; evacuation and sheltering
planning for culturally diverse populations;
incorporating culturally diverse opinions in
mitigation and disaster recovery planning; and
utilizing culturally appropriate resources and
outreach techniques for increased community
preparedness.
Emergency Operations Plan – Base Plan
15 directing resources to eliminate disparities in outcomes following a disaster.17 • The California Animal Response Emergency System (CARES) was developed in 2006 and established a system for the state support and operational guidance for the evacuation and sheltering of livestock and companion animals.18 The Pet Evacuation and Transportation Standards (PETS) Act of 2006 amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act to ensure that state and local government EOPs address the needs of individuals with household pets and service animals after a disaster. The PETS Act is operational when a federal disaster declaration is made and can provide reimbursement for allowable, documented services used in the declared emergency. Eligible costs related to pet evacuations and sheltering is in FEMA’s Public Assistance Program and Policy Guide (PAPPG). Costs related to the evacuation and sheltering of companion animals may also be eligible for reimbursement under the California Disaster Assistance Act (CDAA).19
Fostering a Whole Community approach not only establishes relationships that facilitate more effective mitigation, preparedness, response, and recovery activities, but also leads to increased individual and collective preparedness.
1.4. Assumptions
The following assumptions were deemed necessary during the development of this plan:
• Any extraordinary set of circumstances that meets the definition of “State of Emergency” under state law is referred to in this plan as an “emergency.” The terms “disaster” and “emergency” are considered synonymous. These terms are not meant to replace the formal definitions of “emergency,” “major disaster,” and “catastrophic incident” as defined by federal doctrine. Additional definitions can be referenced in the Glossary of Terms section of this EOP.
• “Planned event” includes large events or mass gatherings within the City of San Rafael which may require additional surge resources and/or City of San Rafael Emergency Operations Center (EOC) support to manage the safety and security needs of the event. Examples of planned events may include county fairs, music festivals/concerts, elections, or parades.
• The City of San Rafael is primarily responsible for emergency actions and will strive to commit available resources to save lives, relieve human suffering, sustain survivors, restore services, protect property and the environment, and preserve local culture and heritage. • Normal systems of public health and safety response will respond according to their respective SOPs. The focus of this plan is to provide a high-level framework that governs all emergency operations within the City of San Rafael.
• A major disaster can occur at any time or place. Dissemination of warning to the public and the implementation of readiness measures may be possible. However, emergency situations may develop with little or no warning.
• All agencies, personnel, and external jurisdictions and special districts responding to an incident, disaster, or planned event will do so in a manner consistent with SEMS and NIMS, and all response operations will occur at the lowest possible level of government.
17 https://www.fema.gov/sites/default/files/documents/fema_equity-action-plan.pdf 18 https://www.caloes.ca.gov/cal-oes-divisions/planning-preparedness/california-animal-response-emergency-system 19 https://www.fema.gov/pdf/conferences/iaconference/2010/wednesday_830am_household_pets_intro_1.pdf Emergency Operations Plan – Base Plan
16 • Agencies, including the City of San Rafael, will exhaust or expect to soon exhaust resources available to them before asking for outside assistance.
• Mutual aid will be requested when disaster response and recovery requirements exceed the City of San Rafael’s ability to meet them.
• City of San Rafael will participate in the Marin Operational Area (Marin OA) coordination of emergency management activities.
• The City of San Rafael realizes that policies and plans can have unintended or adverse impacts. It is the goal of this plan to limit these impacts and strive to create a culture that allows for diversity, equity, and inclusion through all aspects of emergency management in the City of San Rafael. • The response to all incidents, disasters, and planned events must be supported by the participation of diverse communities during the preparedness and response planning phases to ensure equity and inclusion.
Emergency Operations Plan – Base Plan
17 2. Situation
The City of San Rafael is located 17 miles north of San Francisco in the North Bay Region of the San Francisco Bay Area. The City is the county seat for Marin County and is boarded by San Anselmo and Ross to the west; Larkspur and Corte Madera to the south; Marinwood and Novato to the north, and the San Francisco Bay to the east. San Rafael spans 16 square miles and has a wide diversity of natural habitats ranging from forests to marshlands. San Rafael has 30 neighborhoods and an eclectic downtown business district. The city has a Mediterranean climate with summer high temperatures in the 80s°F and winter lows in the 40s°F. The City of San Rafael is located on the traditional lands of the Coast Miwok people.
San Rafael has two highways within its city limits, U.S. Route 101 running north and south, and Interstate 580 running east. San Rafael is located in the California’s Governor’s Office of Emergency services (Cal OES) Coastal Administrative Region and Cal OES Mutual Aid Region II.
The U.S. Census Bureau recorded a population of 61,271 for San Rafael in 2020. Within the city, a majority (56.5%) of residents identify as White (not Hispanic or Latino). About 31% of residents identify as Hispanic or Latino; 7% as two or more races; 6% as Asian; 1% as Black or African American; less than 1% as American Indian and Alaska Native; and less than 1% as Native Hawaiian.20 A summary of San Rafael population statistics compared to the entire County of Marin can be seen in the table below.
Population Fact 21 San Rafael County of
Marin
Population (2020 Census) 61,271 262,321
Persons under 5 years 4.6% 4.5%
Persons under 18 years 20.1% 19.8%
Persons 65 years and older 20.7% 23.0%
Language other than English spoken at home, percent of persons age 5+ (2016-2020) 35.1% 21.1%
High school graduate or higher, percentage of persons age 25+ (2016- 2020) 86.5% 93.6%
Owner-occupied housing unit rate (2016-2020) 49.4% 63.6% Median value of owner-occupied housing units (2016-2020) $975,500 $1,053,600 Rental unit rate (2016-2020) 50.6% 36.4%
Persons per household (2016-2020) 2.41 2.41
20 https://www.census.gov/quickfacts/fact/table/sanrafaelcitycalifornia/PST045221? 21 https://www.census.gov/quickfacts/fact/table/sanrafaelcitycalifornia/PST045221? Emergency Operations Plan – Base Plan
18 Per capita income past 12 months (in 2020 dollars) (2016-2020) $57,290 $74,446 Persons in poverty 11.4% 6.0%
Table 3: City of San Rafael Population Statistics
2.1. Hazard Analysis Overview
The City of San Rafael is vulnerable to several hazards, all of which have the potential to disrupt the community, cause casualties, and damage or destroy public or private property. The City of San Rafael faces threats from widespread hazards including floods, drought and agricultural emergencies, winter storms, hazardous materials (HazMat) spills, and earthquakes. Additionally, the City of San Rafael faces an increasing threat of wildfire and extreme temperatures, including impacts on the population from Public Safety Power Shutoffs (PSPS) and California Independent System Operator (CAISO) driven rotating power outages.
The City of San Rafael participated in the development and adoption of the Marin County Multi-Jurisdiction Local Hazard Plan in 2018, and is participating in the 2023 update. This document provides an overview of the most relevant hazards that are applicable to the entire Marin Operational Area (Marin OA). A summary of hazards identified and screened by the Marin County Multi-Jurisdiction Local Hazard Mitigation review committee provided in the table below. Additional hazards that affect the both the Marin OA and the City of San Rafael but are not included in the Marin County Multi-Jurisdiction Local Hazard Mitigation Plan due to the age of the document are included in the table with an asterisk (*). Additional information regarding hazards can be found in the Marin County Multi-Jurisdiction Local Hazard Mitigation Plan, published separately.22 Hazard 23 Declared Emergency or Disaster in San
Rafael Since 1970
Cyber Threat
Drought State
Earthquake Federal
Energy Disruptions* (PSPS & CAISO outages)
Fire Threat State and Federal
Flood State and Federal
Landslide/Debris Flow Federal
Levee Failure
Pandemic State and Federal
Severe Storm State and Federal
Tsunami
Table 4: Priority Hazard Overview
22 https://www.marinwatersheds.org/sites/default/files/2020-07/Marin%20County%20MultiJurisdictional%20Local%20Hazard%20Mitigation%20Plan%202018.pdf 23 Ibid Emergency Operations Plan – Base Plan
19 Hazards that pose the greatest threat to the City of San Rafael are profiled below. Due to the increased threat of drought and energy disruptions since the publishing of the Marin County Multi-Jurisdictional Local Hazard Mitigation Plan, these hazards are also outlined. Hazards are profiled in alphabetical order.
Cyber Threat
With increasing reliance on online systems and remote work capabilities, San Rafael faces cyber threats from hackers seeking unauthorized access to computer networks to install ransomware, steal personal information, obtain fraudulent payments, and disrupt government operations.24 Although the City of San Rafael has not experienced a significant cyber security breach, local governments like San Rafael, are targets of opportunities for cybercriminals.
25 Drought
At the time the San Rafael EOP was published, the city, along the with County of Marin, was in the midst of a historical drought after multiple very dry winters in a row. 26,27 In recent years, droughts have
occurred with increased frequency and duration, impacting human consumption, agricultural and hydroelectric production, and other economic drivers. Unlike most cities and counties in California, San Rafael does not import or export water through the Central Valley State and federal water projects. The water utility serving San Rafael, Marin Municipal Water District (MMWD), however, does import water from Sonoma County, which can affect the City during drought conditions. Notably, in 2021 following several years of low rainfall, the MMWD enacted water conservation measures to attempt to reduce water consumption by up to 40%.28,29
Earthquake
Although earthquakes occur less frequently than other hazards, they account for the greatest combined losses (deaths, injuries, and damage costs).30 Earthquakes can cause direct damage in several ways including fault rupture, earth shaking, landslides, liquefaction, and tsunamis. Indirect effects may include hazardous material spills, fires, utility failure, dam failure, and damage to transportation infrastructure.
The potential for earthquake damage within the city exists due to a combination of the number of active faults near the city and the presence of soils vulnerable to liquefaction. The active faults that are most significant to San Rafael are:
• San Andreas Fault: The San Andreas Fault traverses Marin County running north and south in the western quarter of the County. It enters Marin on the Pacific Coast near Bolinas, follows the path of Highway 1 and Tomales Bay, exiting Marin in the Pacific Ocean just west of Dillon Beach. • Hayward Fault: The eastern, most heavily populated part of Marin County is less than ten miles from the northern section of the Hayward fault.
24 https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2019- 20/cyberattacksagrowingthreattomaringovernment.pdf?la=en 25 https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2019-20/responses/cyberattacks-a-growing-threat-tomarin/cyber--city-of-san-rafael.pdf?la=en 26 https://droughtmonitor.unl.edu/CurrentMap.aspx 27 https://emergency.marincounty.org/pages/drought 28 https://www.marinwater.org/sites/default/files/2021-04/Ordinance%20No.%20449.pdf 29 https://nmwd.com/emergency-water-conservation-ordinance-41-amended-for-novato-servicearea/#:~:text=The%20Amended%20Ordinance%2041%20now,non%2Dessential%20water%20use%20prohibitions. 30 https://www.marinwatersheds.org/sites/default/files/2020-07/Marin%20County%20MultiJurisdictional%20Local%20Hazard%20Mitigation%20Plan%202018.pdf Emergency Operations Plan – Base Plan
20 • Rodgers Creek Fault: The northern part of Marin is less than ten miles from the Rodgers Creek Fault.
Energy Disruptions
Energy grid disruptions may occur for several reasons, including severe weather and preventative blackouts due to high winds and the threat of wildfire. Disruptions to the energy grid have lifethreatening impacts for those who rely on medical equipment which requires electricity.
In recent years, both Public Safety Power Shutoff (PSPS) events, “fast-trip” outages, and California Independent System Operator (CAISO) driven rotating power outages have become increasingly frequent. During a PSPS, Pacific Gas & Electric (PG&E), the primary electric provider for the Bay Area shuts off power during high winds to help prevent wildfires. Notably, in 2018 the entire county was affected by a PSPS resulting in no power over the course of six days due to the occurrence of several weather events and a wildfire in Sonoma occurring in close succession.31 Many PG&E power lines also have a “fast-trip” sensor designed to cut power as a wildfire mitigation if the line experiences any short or surge, such as from a falling tree limb. The sensors, however, caused over 500 unplanned outages across California lasting hours or days in the first four (4) months of operation.32 Similarly, the CAISO may enact relatively short power outages lasting a few hours at a time that alternate through communities when the demand on the energy grid is higher than the available supply of power.33 Fire Threat
Threats from wildfire pose a significant risk to human life and property in San Rafael’s densely populated wildland urban interface (WUI). Because of the mix and density of structures and natural fuels combined with limited access and egress routes, fire management is more complex in WUI environments. In San Rafael, many of the access roads within the WUI are narrow and winding and are often on hillsides with overgrown vegetation, making it more difficult and costly to reduce fire hazards, fight wildfires, and protect homes and lives in these areas. An assessment of the wildland fire threat undertaken by CAL FIRE identified San Rafael as having moderate to very high fire hazard severity zone ratings.34 35 Flood
A flood occurs when the existing channel of a stream, river, canyon, or other watercourse cannot contain excess runoff from rainfall, resulting in overflow onto adjacent lands. In coastal areas, flooding may occur when strong winds or tides result in a surge of seawater into areas that are above the normal high tide line. Floods have the potential to cause injuries and death, damage structures, disrupt utilities, and isolate communities. San Rafael is primarily susceptible to flooding during the winter months when it receives most of its rainfall. Flooding in San Rafeal can be significant when heavy rain coincides with high tides.
Areas in San Rafael with a significant history of flooding are listed in the table below. 31 https://www.pge.com/pge_global/common/pdfs/safety/emergency-preparedness/natural-disaster/wildfires/PSPS-Report-Letter10.26.19.pdf 32 https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/safety-and-enforcement-division/documents/batjer-letter/cpuc-president-batjerletter-to-pge-re-fast-trip-oct-25-2021.pdf 33 http://www.caiso.com/Documents/Rotating-Power-Outages-Fact-Sheet.pdf 34 https://firesafemarin.org/wp-content/uploads/CWPP_2020_Final_1-4-2021_FSM_published.pdf 35 https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/fire-plan/communities-at-risk/ Emergency Operations Plan – Base Plan
21 Name Areas of Possible Flooding
Central San Rafael Basin
San Rafael Canal/Creek neighborhoods
Portions of the Downtown corridor, especially under the freeway B Street near the Community Center and Safeway
Southeast San Rafael Canal/Spinnaker Point/Bay Point residential areas Areas around the I-580 corridor, especially adjacent to Francisco Blvd.
San Pedro Peninsula
Low-lying areas of Peacock Gap
Low-lying areas of the Glenwood neighborhood
Portions of residential neighborhoods bordering the Bay North San Rafael Greater Gallinas Creek Basin from the Bay west to US 101 US 101 at Central
Table 5: Areas of Possible Flooding Threat
Landslide/Debris Flow
Landslides are part of natural geologic processes that have impacted both private and public property in areas throughout San Rafael since early infrastructure development began. A landslide is a general term for the dislodging and subsequent fall of a mass of soil or rock along a sloped surface. An area’s susceptibility is dependent upon geology, topography, vegetation, and hydrology. Landslides can be caused by earthquakes, high precipitation, and natural and human caused undercutting. Landslides due to storms are a relatively frequent occurrence and have the potential to cause injuries and death, damage structures, disrupt utilities, and isolate communities.
Post-wildfire landslide hazards include fast-moving, highly destructive debris flows that can occur in the months or years immediately after wildfires. This type of landslide typically occurs in response to a strong rainstorm and can occur with little to no warning. Wildfires create the added potential for landslide hazard as they can contribute to the increased destabilization of soil.
Levee Failure
Levees are an integral part of municipal infrastructure in San Rafael, offering protection from canal, creek, and coastal flooding. Significant flooding can occur in areas near and downstream of levees in the event of a complete or partial level failure. Levee failure is extremely rare, however, in the active tectonic environment of the San Francisco Bay Area, the risk of levee failure during a major earthquake remains a possibility. Overtopping failures can also occur when flood water levels rises above the crest of a levee.36
36 https://www.cityofsanrafael.org/documents/approved-local-hazard-mitigation-plan/ Emergency Operations Plan – Base Plan
22 Pandemic
A pandemic is a global disease outbreak that is often caused by a new virus or strain of virus that has not recently circulated among people. Although pandemics infrequently occur, the novel coronavirus (COVID-19) pandemic that started in 2020, highlighted the impacts a pandemic can have on communities that go well beyond illnesses, deaths, and strained healthcare resources. Pandemics can lead to local economic losses, personal financial hardships, school closures, and a reduction in government services.
Severe Storms
San Rafael has a rainy season that typically occurs from mid-autumn to mid-spring. During these months storms may occur that produce widespread rain, strong winds, and lightning. Although the entire city is susceptible to storm damage, the coastal and mountainous areas are particularly vulnerable to wind, and the coastal areas are prone to storm surge and high tides. San Rafael has been included in four Presidential emergency or major disaster declarations for severe winter storms, flooding, and mudslides, making severe storms the most frequent cause of major disasters affecting the city in the last twenty (20) years.
Since 2017 alone, six (6) severe storms have been designated state and/or federal disasters.37 These incidents are described in the table below.
Incident Period Disaster Governor
Declaration
Presidential
Declaration
February and March 2023 Winter/Severe Storms X X
October 202138 October Severe Storm X
January and February
2019
Atmospheric River Storm
System X X
February 2017 February Winter Storms X X
January 2017 January Winter Storms X X
Table 6: Declared Disasters in the San Rafael Since 2017 Tsunami
Tsunamis consist of waves generated by large disturbances of the sea floor, which are caused by volcanic eruptions, landslides, or earthquakes. Tsunamis are a relatively infrequent occurrence and pose the greatest risk to low-lying inundation areas along the San Francisco Bay shoreline.39 37 https://www.ftb.ca.gov/file/business/deductions/disaster-codes.html 38 https://www.gov.ca.gov/wp-content/uploads/2022/03/3.23.22-October-2021-Storms-SOE.pdf 39 https://marincounty.maps.arcgis.com/sharing/rest/content/items/d56cb909524847ea829d1482b08de5d1/data Emergency Operations Plan – Base Plan
23 3. Concept of Operations
3.1. Mitigation
Mitigation efforts include actions taken to reduce personal injury, loss of life, property damage, and response and recovery costs resulting from natural disasters and hazards. Hazard mitigation planning in City of San Rafael can reduce vulnerability to hazards through smart construction and proper planning of future development and critical infrastructure.
The federal Disaster Mitigation Act (DMA) of 2000, Public Law 106-390,40 requires jurisdictions to develop and adopt hazard mitigation plans that incorporate a risk analysis of natural hazards, identification of mitigation strategies and where appropriate, the incorporation of mitigation strategies into general plans, capital improvement plans, zoning and building codes and other planning mechanisms. Maintaining a Federal Emergency Management Agency (FEMA) approved hazard mitigation plan is an eligibility requirement for various pre-and post-disaster grants that fund mitigation projects and community aid.
Local Hazard Mitigation Plan
The 2018 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan serves as the current hazard mitigation plan for all participating jurisdictions, including the City of San Rafael. In 2018, the Marin County Office of Emergency
Services (Marin County OES), in conjunction with the Marin County Local Hazard Mitigation Team, composed of
municipalities and special district partners, coordinated the preparation and publication of the Marin County MultiJurisdictional Local Hazard Mitigation Plan. The City of San Rafael supported the development of this plan. Developed in accordance with the requirements of the DMA 2000, the
Marin County Multi-Jurisdictional Local Hazard Mitigation Plan assesses risks posed by natural hazards and identifies a mitigation strategy for reducing the County’s risks to natural disasters and hazards.41 The City of San Rafael is
participating in the five year update and anticipates adopting the 2023 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan by the end of 2023.
Continuity of Government
The California Emergency Services Act provides the authority and procedures to ensure the continued functioning of government within the State of California.42 It provides for the succession of government officers and 40 https://www.fema.gov/sites/default/files/2020-11/fema_disaster-mitigation-act-of-2000_10-30-2000.pdf 41 https://www.marinwatersheds.org/sites/default/files/2020-07/Marin%20County%20MultiJurisdictional%20Local%20Hazard%20Mitigation%20Plan%202018.pdf 42 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=7.&lawCode=GOV&title=2.&article=15.
The Marin County Multi-Jurisdictional Local
Hazard Mitigation Plan demonstrates
participating jurisdictions’ commitment to
reducing risk from natural hazards through
mitigation and serves as a tool to direct
resources to achieve optimum results with
available administrative, technical, and
financial resources. All Marin County MultiJurisdictional Local Hazard Mitigation Plan partners are included in an ongoing Marin
County Multi-Jurisdiction Local Hazard
Mitigation Plan review process to facilitate the
2023 plan update process.
Emergency Operations Plan – Base Plan
24 procedures to ensure the continued functioning of government when the governing body, including standby officers, are unavailable to serve.
The City of San Rafael Continuity of Operations (COOP)/Continuity of Government (COG) plans will include the following information:
• Delegations of Authority and Orders of Succession
• A list of vital records and a strategy for preserving and maintaining access to vital records and databases • A list of essential services and corresponding strategies to mitigate interruptions to essential services • Definition of a continuity team for the department with assignments for each member • Devolution and reconstitution procedures
• A record of training and exercises performed to maintain department plans Agencies and departments within the City of San Rafael maintain their own COOP/COG plans in accordance with the California Emergency Services Act and their own internal operating procedures.
Critical Facilities
If City Council Chambers are inaccessible or unsuitable, the temporary seat of government may be moved to an alternate location. If the alternate is not available or suitable for any reason, other Community Centers and City owned facilities may be utilized.
Essential Facilities
Primary Government Facility Alternate Government Facility City Hall Council Chambers
1400 Fifth Ave, San Rafael, CA 94901
San Rafael Community Center
618 B St, San Rafael, CA 94901
Table 7: Government Seat Facilities
EOC Locations
Primary Government Facility Alternate Government Facility Public Safety Center
1375 Fifth Avenue, San Rafael CA 94901
Department of Public Works
111 Morphew Street, San Rafael, CA 94901
Table 8: EOC Locations
Lines of Succession
In the event the governing body, including standby officers, is unavailable to serve, departments identify designated alternate individuals to carry out their roles and responsibilities and maintain continuity of operations.
The City Manager may alter the lines of succession as necessary. Elected* positions, including the City Clerk and City Attorney need to be San Rafael residents to serve beyond an interim role. If multiple people fill the same title, the one with the most seniority in the position will carry out the assigned duties.
Function/Department Title/Position
City Manager 1. Assistant City Manager
2. Assistant City Manager
3. Police Chief
Emergency Operations Plan – Base Plan
25 Function/Department Title/Position
Police Chief 1. Operations Captain
2. Administrative Captain
3. Investigations Lieutenant
Fire Chief 1. Deputy Chief of Operations
2. Fire Marshall
3. Fire Battalion Chief
City Attorney * 1. Assistant, City Attorney
2. Contract City Attorney
Director of Public Works 1. Assistant Director
2. Operations & Maintenance Manager
3. Management Analyst
City Clerk * 1. Deputy City Clerk
2. Assistant City Attorney
Director of Human Resources 1. Operations Manager
2. Assistant City Manager
3. Director of Finance
Director of Community Development 1. Assistant Director
2. Chief Building Official
3. Planning Manager
Director of Digital Services and Open
Government
1. Product Manager Digital Services
2. Product Manager Data and Insights
3. Digital Infrastructure Manager
Director of Economic Development 1. Director of Community Development
2. Assistant City Manager
3. Assistant City Manager
Director of Finance 1. Accounting Manager
2. Finance Manager
3. Senior Management Analyst
Director of Library and Recreation 1. Assistant Library and Recreation Director
2. Assistant Library and Recreation Director
3. Senior Recreation Supervisor, Recreation Supervisor, or Supervising Librarian based on seniority in position
Table 9: Lines of Succession
Preservation of Vital Records
The City Clerk is responsible for the preservation of vital records in the City of San Rafael. Each department within the City of San Rafael will identify, maintain, and protect its own departmental vital records. Vital records may include:
• Records necessary to conduct emergency operations
• Records required to restore day-to-day operations
• Records necessary for the protection of rights and interests of individuals and government Emergency Operations Plan – Base Plan
26 3.2. Preparedness
The preparedness cycle helps the City of San Rafael improve disaster readiness and ultimately improve overall resiliency. Key elements of disaster readiness include:
• Inclusive all-hazards planning for the Whole Community • In-depth and just-in-time training for responders
• Periodic and consistent exercising of response plans and skills • Management of preparedness and outreach programs to
increase general community readiness
Planning Process
The City of San Rafael Office of Emergency Services (OES), seated within the San Rafael Fire Department, serves as a coordinating body for emergency management planning within the City of San Rafael.
City of San Rafael departments and external agencies are responsible for plan management functions with respect to their own organization. Agencies and departments that have roles and responsibilities identified by this plan are encouraged to develop Department specific emergency procedures, detailed standard operating procedures (SOPs), and emergency response checklists based on the provisions of this plan.
The City of San Rafael adheres to the planning process outlined in the Federal Emergency Management Agency (FEMA) Comprehensive Planning Guide (CPG) 101 including:43 • Conduct community-based planning that engages the whole community by using a planning process that represents the actual population in the community and involves community leaders and the private sector in the planning process.
• Ensure plans are developed through an analysis of risk. 43 https://www.fema.gov/sites/default/files/documents/fema_cpg-101-v3-developing-maintaining-eops.pdf Figure 1: The Preparedness Cycle
Emergency Operations Plan – Base Plan
27 • Identify operational assumptions and resource
demands.
• Prioritize plans and planning efforts to support their seamless transition from development to execution
for any threat or hazard.
• Integrate and synchronize efforts across all levels of government.
Other plans that are developed within City of San Rafael response departments, agencies, jurisdictions, and special districts, but are reviewed and maintained internally may include:
• EOP Hazard and Function Specific Annexes:
Published separately, these documents supplement
the EOP and outline hazard, or operational-specific
functions, required to effectively fulfill the
responsibilities outlined in the EOP.
• Standard Operating Procedures (SOPs): Published
separately, SOPs support execution of the EOP and
functional annexes by providing step-by-step instructions and details specific to the roles and responsibilities contained with the documents. SOPs may include checklists, appendices, and resource guides as additional documentation.
Training and Exercise Program
Training Program
The City of San Rafael participates in the Marin County OEM multi-year comprehensive training and exercise program based on preparedness needs, training needs of response personnel, and FEMA Threat and Hazard Identification and Risk Assessment (THIRA) gaps. Training is managed in conjunction with Marin County OEM, City of San Rafael stakeholders, and emergency response agencies, and incorporates methods including formal and informal classroom training, online training, seminars, and workshops.
Training may come from a variety of sources.
• Local Training: May be provided by City of San Rafael or Marin County OEM staff, various City of San Rafael or County of Marin departments, or other local partners. Training courts are specific to department emergency roles and responsibilities and designed to improve local response capabilities. • Regional Training: With the Marin OA as a member of the Bay Area Urban Areas Security Initiative (UASI), the City of San Rafael can access regional planning and training sources. The Bay Area Training and Exercise Program (BATEP) allows City of San Rafael responders to receive training and exercises to build and sustain public safety and preparedness capabilities. 44 • State Training: Training through the California Governor's Office of Emergency Services (Cal OES) is managed by the California Specialized Training Institute (CSTI). CSTI provides training in all phases of emergency management as well as basic and advanced training in specific topic areas. The City of San Rafael may partner with Cal OES via the County of Marin to provide training most relevant to responders 44 http://www.bayareauasi.org/sites/default/files/resources/BATEP%20Program%20Manual.pdf The City of San Rafael is dedicated to
maintaining a planning process that considers
the needs of the Whole Community, including
those with access and functional needs (AFN)
and traditionally underserved and/or
marginalized communities. This means that
separate plans are not created to support
traditionally underserved and/or marginalized
communities or other diverse groups, but that
considerations for these populations are
woven into all plans, such as this EOP and
departmental SOPs. The City of San Rafael
coordinates with the County of Marin and
Marin County OEM to ensure that emergency
response plans and mutual-aid agreements are
in alignment with guiding plans for the entire
Marin OA.
Emergency Operations Plan – Base Plan
28 at the time of the event. Trainings may be specific to working with the state emergency response systems or may incorporate subject matter experts to improve local response capabilities.45 • Federal Training: The City of San Rafael supports FEMA-sponsored training through the Emergency Management Institute (EMI), which is utilized to close gaps and increase skills and expertise. The FEMA EMI program provides national best practices through its standardized Independent Study online courses and in-person courses at the National Emergency Training Center.46 Exercise Program
The City of San Rafael participates in the multi-year exercise program for the Marin OA, managed by Marin County OEM. This exercise program provides an opportunity for collaboration between response and recovery stakeholders across the entire Marin OA, including local jurisdictions, special districts, and private partners.
Exercises are conducted on a regular basis to maintain readiness and include as many Marin OA member entities as possible and incorporate participants from the Whole Community. Exercise programs are developed and managed using the Homeland Security’s Exercise and Evaluation Program (HSEEP), which provides a systematic approach to exercise development, evaluation, execution, and post-improvement planning.47 Exercises may range in complexity from a workshop to a multi-agency/multi-jurisdictional event involving actual deployment of resources. The continuum of exercises is depicted in the image below.
The City of San Rafael may choose to document participation in area-wide exercises by conducting an analysis on the strengths and opportunities for improvement from the exercise, and using the information obtained to complete an After-Action Report/Improvement Plan (AAR/IP). See the After-Action Review section for more information on the AAR/IP process.
45 https://www.caloes.ca.gov/cal-oes-divisions/california-specialized-training-institute/training-exercise-programs 46 https://training.fema.gov/emicourses/schedules.aspx 47 https://www.fema.gov/sites/default/files/2020-04/Homeland-Security-Exercise-and-Evaluation-Program-Doctrine-2020-Revision-2-2-
25.pdf
Figure 2: Exercise Complexity Spectrum
Emergency Operations Plan – Base Plan
29 Disaster Service Worker Program
Under State law, Title I, Section 3100 of the California Government Code, all City of San Rafael employees are
registered as Disaster Service Workers (DSWs) who may be required to support emergency response or recovery
operations within the City of San Rafael during any incident, disaster, or planned event.48 This means that all City of San Rafael employees have a responsibility to support emergency response and recovery operations in addition to their
everyday duties if required due to the size and scope of the emergency.
Preparedness and Outreach Programs
The City of San Rafael uses a Whole Community approach to preparedness and public readiness to reduce risk and increase overall community resiliency. A focus on increasing public awareness of hazards and how residents and visitors can mitigate and prepare for disasters has been consistent in communities across the City of San Rafael. The programs listed below are provided through various public campaigns or on agency websites. These programs constitute an ongoing commitment to public education and awareness for the whole community, including the specific outreach to those with access and functional needs, a critical foundation for the mitigation of hazards and increased preparedness in the City of San Rafael.
48 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3100.&lawCode=GOV#:~:text=In%20furtherance%20of%20t he%20exercise,their%20superiors%20or%20by%20law.
49 https://www.cityofsanrafael.org/cert/ 50 https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Wildfire/Firewise-USA 51 https://firesafemarin.org/programs/firewise-usa/firewise-usa-sites/ San Rafael Education and Outreach Programs
Community Emergency Response Teams (CERT): Following a major disaster, first responders may not be able to meet the increased demand for services. The CERT program in San Rafael provides volunteers with training about what to expect following a major disaster, lifesaving skills with emphasis on decision-making skills, and rescuer safety. The program organizes neighborhood teams so that certified CERT members become an extension of first responder services offering immediate help to victims until professional services arrive.49 Firewise USA Program: The Firewise USA program is designed to reach beyond the fire service by involving homeowners, community leaders, planners, developers, and others in the effort to protect people, property, and natural resources from the risk of wildland fire before a fire starts. The City of San Rafael has multiple Firewise USA Chapters who support communities in wildfire safety efforts.50,51 Neighborhood Response Groups (NRGs): NRGs exist throughout San Rafael as grassroots-led, volunteer neighborhood groups that prepare communities for disasters. NRGs vary by location, but typically focus on preparation and the idea that individual communities may need to rely on each other for support in the aftermath of a significant incident or disaster until first responders arrive. Some NRGs provide additional Disaster service is defined as activities
designed to aid in the response and recovery
phases of a disaster and includes preapproved training. DSWs will only be asked to perform duties that they have been trained
for and will be afforded every effort to ensure
their own families are safe and secure before
performing DSW duties.
The DSW program also provides workers’
compensation benefits to registered DSW
volunteers who are injured while participating
in authorized disaster-related activities and
provides limited immunity from liability.
Emergency Operations Plan – Base Plan
30 Table 10: City of San Rafael Education and Outreach Programs
3.3. Response
Emergency Proclamations
Proclamation of Local Emergency
A proclamation of local emergency:
• Is the first step in response to an incident, disaster, or planned event that requires resources or coordination beyond normal day to day operations
• Activates the appropriate aspects of applicable multijurisdictional mutual aid plans • Provides the framework for post-disaster financial assistance The City of San Rafael will make a local proclamation of emergency when it appears that resources from outside the City may be necessary to adequately support response efforts or when the City needs to take extraordinary measures in response to an incident.
53 The proclamation of a local emergency must be ratified by the City Council within seven (7) days of issuance. The City will notify the Marin OA of the proclamation as soon as possible. The City may request the Marin OA to activate their EOC in support of a local emergency. The City will provide a copy of the ratified proclamation with the Marin OEM, to be shared with Cal OES, as soon as practical. Additional details on proclaiming a local emergency are outlined in the EOC Handbook.
State and Federal Proclamations and Declarations
When disaster conditions exceed, or have the potential to exceed, local resources and capabilities, the City of San Rafael may request state assistance from the Governor. The Governor may also request a Presidential emergency declaration or declaration of major disaster through the Federal Emergency Management Agency (FEMA).
The California Disaster Assistance Act (CDAA) provides for the reimbursement of local government costs associated with certain emergency activities undertaken in response to a state of emergency proclaimed by the Governor, as well as cost-sharing to jurisdictions provided federal awards after a presidential declaration of emergency or major disaster. Local jurisdictions must submit their proclamation of local emergency via Cal OES along with the request for state assistance. For more information on Disaster Assistance and the California Disaster Assistance Act see the Recovery section.
52 https://www.marinmap.org/Html5Viewer/index.html?viewer=NRG_.NRG__H5_ 53 https://www.caloes.ca.gov/LegalAffairsSite/Documents/Cal%20OES%20Yellow%20Book.pdf resources, training, and drills to help prepare communities for large-scale emergencies and disasters and to improve personal and community disaster preparedness.52 Community Fairs, Festivals, and Events: The City of San Rafael OES distributes preparedness messaging in English and Spanish at community and neighborhood events. For additional information or upcoming events, contact the City of San Rafael OES.
Community Response Team (CRT): The San Rafael CRT was established with the support of Marin Health and Human Services at the peak of the COVID-19 pandemic with the intention to collaboratively build capacity and infrastructure to equitably service vulnerable populations. The San Rafael CRT, led by local CBOs continually adapts to meet community needs and serve as a trusted messenger for preparedness and disaster related messages and outreach in linguistically and culturally competent ways.
Emergency Operations Plan – Base Plan
31 Proclamation/
Declaration
Details
Governor’s State
of Emergency
Proclamation
• Supports emergency activities and authorizes the Cal OES Director to provide financial relief for emergency actions, such as debris removal and emergency protective measures, in addition to funding for the repair, restoration, or replacement of public facilities owned or operated by an eligible local government. A Governor’s proclamation of a state of emergency is typically a prerequisite when the state requests a Presidential declaration of a major emergency or disaster.54 • Local emergency proclamation must be completed within 10 days of incident occurrence, and an application for assistance must be submitted to Cal OES within 60 days of proclamation ratification to qualify for CDAA assistance.55 • Also permits the Governor to exercise police power, direct all state agencies to utilize and employ personnel, equipment, and facilities, and make, amend, or rescind orders and regulations as deemed necessary to prevent or alleviate actual and threatened damage due to the emergency.56
Presidential
Emergency
Declaration
• Supports response activities and authorizes federal agencies to provide “essential” assistance, including debris removal, temporary housing, and the distribution of medicine, food, and other consumable supplies under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended.57 • Funding is typically limited to $5 million for a single incident, this threshold may be adjusted by the president.58
• Governor must make request within five (5) days after the need for federal emergency assistance is apparent.
• CDAA matching fund assistance that may be made available for cost-sharing required by federal disaster assistance programs is provided automatically without additional actions being taken to qualify.59
Presidential
Declaration of a
Major Disaster
• Supports response and recovery activities and authorizes implementation of some or all Stafford Act federal recovery programs, including public assistance, individual assistance, hazard mitigation and other assistance to state and local governments, certain private nonprofit organizations, and individuals.60 • Non-Stafford Act federal assistance such as for the Small Business Association (SBA) or United States Department of Agriculture (USDA) disaster loan programs, or the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) Emergency Relief (ER) programs, may also be requested and included as part of a major disaster declaration, or implemented separately under their own legal authority.61
• Governor must make request within thirty (30) days of the start of the disaster or incident or disaster.62
54 https://www.caloes.ca.gov/office-of-the-director/operations/recovery-directorate/recovery-operations/public-assistance/californiadisaster-assistance-act/ 55 https://www.caloes.ca.gov/office-of-the-director/operations/recovery-directorate/interagency-recovery-coordination/proclamationprocess/ 56 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=2.&part=&chapter=7.&article=13 57 https://www.fema.gov/sites/default/files/documents/fema_stafford_act_2021_vol1.pdf 58 https://www.fema.gov/pdf/media/factsheets/dad_disaster_declaration.pdf 59 https://www.caloes.ca.gov/office-of-the-director/operations/recovery-directorate/recovery-operations/public-assistance/californiadisaster-assistance-act/ 60 https://www.fema.gov/pdf/media/factsheets/dad_disaster_declaration.pdf 61 https://www.fema.gov/pdf/rrr/dec_proc.pdf 62 https://www.fema.gov/disaster/how-declared Emergency Operations Plan – Base Plan
32 • CDAA matching fund assistance that may be made available for cost-sharing required by federal disaster assistance programs is provided automatically without additional actions being taken to qualify.63
Table 11: State and Federal Proclamations and Declarations NIMS, SEMS, and ICS
The City of San Rafael Emergency Operations Center (EOC) operates in a manner consistent with California’s Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and Incident Command System (ICS) standards.
• Standardized Emergency Management System (SEMS): Used by emergency response agencies throughout California, SEMS is the cornerstone of California’s emergency response system and the fundamental structure for the response phase of emergency management. The system unifies all elements of California’s emergency management community into a single integrated system and standardizes key elements such as ICS, mutual aid, interagency coordination, and the OA and regional concepts.64 The SEMS concept is depicted in the graphic below.
• National Incident Management System (NIMS): A comprehensive, nationwide, systematic approach to incident management that is flexible and scalable to all incident types, including the command and coordination of incidents, resource management, and information management.65 • Incident Command System (ICS): A standardized approach to the command, control, and coordination of on-scene incident management that provides a common hierarchy within which personnel from multiple organizations can be effective. ICS specifies an organizational structure for incident management that integrates and coordinates a combination of procedures, personnel, equipment, facilities, and communications.66
The City of San Rafael responds to incidents, disasters, or planned events within the SEMS framework. This means the response is managed at the lowest possible organizational level and ascending levels are activated only as needed. The complexity of the incident ultimately determines the response capabilities that are needed. Operating in the SEMS structure, which utilizes standardized NIMS and ICS principles, allows response agencies within the City of San Rafael and the Marin OA to seamlessly integrate with other local, regional, and state partners. 63 https://www.caloes.ca.gov/office-of-the-director/operations/recovery-directorate/recovery-operations/public-assistance/californiadisaster-assistance-act/ 64 https://www.caloes.ca.gov/PlanningPreparednessSite/Documents/Standardized%20Emergency%20Management%20System_Part1.pdf 65 https://www.fema.gov/sites/default/files/2020-07/fema_nims_doctrine-2017.pdf 66 https://www.ready.gov/incident-management Emergency Operations Plan – Base Plan
33 Figure 3: SEMS Organizational Levels
Field Response
The field response is where emergency response personnel and resources carry out tactical decisions and activities in direct response to an incident, disaster, or threat.67 Field response activities are managed by an Incident Commander or by Unified Command (UC) at an Incident Command Post (ICP). Most incidents will be managed by one agency at the ICP, but UC may need to be established if more than one agency has authority or if the incident crosses jurisdictional boundaries. In the case of UC, multiple agencies will work together to form a common set of objectives and strategies at the ICP. Generally, if day-to-day field activities from emergency personnel can resolve an incident, the response will remain at the field level.
For complex incidents, the EOC or individual department operations centers (DOCs) may activate to support response efforts in the field. In this case, the IC or UC will coordinate directly with the EOC or DOC to support decision-making and situational awareness. Tactical control of assets remains the responsibility of the IC/UC.
Department Operations Centers
Some City of San Rafael departments may activate DOCs to support response operations. DOCs focus on internal departmental management and response and may provide functional support to field operations. The DOC often serves as a direct link to the Operations Section in the EOC. DOCs directly support information and resource management for individual departments and communicate all information to the EOC using Microsoft Teams, EOC Sharepoint, and via phone.
67 https://www.caloes.ca.gov/PlanningPreparednessSite/Documents/Standardized%20Emergency%20Management%20System_Part1.pdf Emergency Operations Plan – Base Plan
34 Emergency Operations Center
During an incident, disaster, or planned event, the EOC may activate to support response operations, coordinate mutual aid resources, and meet with local, state, and federal officials. The EOC works to fulfill the following objectives:
• Management and coordination of overall emergency operations. • Proclamation of a local emergency, if necessary.
• Alignment of strategic policy and priority goals for response and recovery. • Prioritization and coordination of resources, including mutual aid. • Coordination of public information.
• Collection, evaluation, and dissemination of generalized situational awareness and common operating picture information to key response partners.
• Coordination and liaison with response partners, including federal, state, tribal, county, and other local government agencies, community-based organizations, and private sector resources. • Delivery of additional staffing support through Disaster Service Workers (DSWs). • Development of a structured system for applying and qualifying for disaster funding or reimbursements.
The EOC communicates with field responders at the ICP, DOCs, and other jurisdictions’ EOCs on a continuous basis through established communication pathways throughout the response. For details on EOC activation, operations, and demobilization, refer to the EOC Handbook.
The EOC is organized according to the five (5) SEMS functional elements and is designed to be scalable and flexible.
• Management Section: Responsible for overall emergency policy and coordination through the joint efforts of governmental agencies and private organizations. The Management Section also handles public information, often via the Joint Information Center (JIC). • Operations Section: Responsible for coordinating all operations in support of the emergency response through the implementation of the EOC Action Plan.
• Planning Section: Responsible for collecting, evaluating, and disseminating information, developing the EOC Action Plan in coordination with other functions, and maintaining documentation. • Logistics Section: Responsible for providing facilities, services, personnel, equipment, and materials for incident response.
• Finance Section: Responsible for financial activities and other administrative aspects of the incident.
EOC Activation
The need for activation is determined by the EOC Director (City Manager or Assistant City Manager) in coordination with the EOC Coordinator (Deputy Director of Emergency Management). The EOC should be activated for any event that results in or has the potential to resort in significant human injury, property damage, roadway closures, or the necessity for a multi-agency response. If the EOC is not activated, OES staff will fill the role of the EOC.
Situations in which the EOC may be activated include:
EOC Activation Considerations
If the threat of incident-related impacts warrants action to protect life and property.
Emergency Operations Plan – Base Plan
35 If a Local Proclamation of Emergency has been granted or is in consideration.
If the needs of the incident become great enough that a shared, collaborative workspace is necessary to make real-time decisions across departments.
If resource needs exceed the capacity of the City of San Rafael.
If a localized event’s severity or duration has the potential to overwhelm any individual City of San Rafael agency.
If a regional event requires coordination across jurisdictions or with the Marin OA.
If the City of San Rafael is unable to manage day-to-day operations in addition to incident response.
If there is a need for coordinated public information regarding an anticipated or actual incident.
Table 12: EOC Activation Considerations
The EOC can be activated if:
• Notification from dispatch or local first response agencies of any disaster which has the potential to require broad public communication, evacuation, or sheltering. • The City Manager, or delegate, decides to activate due to a significant incident, disaster, or planned event occurring in the City of San Rafael, the Marin OA, or neighboring jurisdiction that may require a large commitment of resources and/or multijurisdictional coordination.
Staffing decisions for the EOC are driven by the nature and scope of the emergency, based on the determined EOC activation level. Staffing may be composed of City of San Rafael personnel, responders from partner agencies or organizations, community-based organizations, and volunteers. The EOC Director, in consultation with the EOC Coordinator, identifies which EOC functions will be activated to support response operations. Any responsibilities of unstaffed positions are assumed by the next highest-staffed position. If the EOC is not activated, OES staff will fill the role of the EOC.
After determining the activation status, the EOC Coordinator shares this information with all EOC partners.
Audience
• City Manager
• Assistant City Manager
• Department heads
• Activated staff
• Standby staff
Content
• Incident/threat
• EOC activation level
• Reporting staff/standby staff
• Reporting location for activated staff
• EOC contact information for situational awareness reporting • Time of the initial incident briefing
Methods
• Email
• Mass notification software (i.e., Everbridge)
• Phone tree
Table 13: EOC Activation Notifications
Emergency Operations Plan – Base Plan
36 Direction, Control, and Coordination
Coordination and Communication
The City of San Rafael manages emergency responses within the operational area at the lowest possible level of government. Depending on the size and severity of the incident, disaster, or planned event, the City of San Rafael may activate the EOC to support response efforts in the field, while on-scene responders organize through an ICP.
The Incident Commander or other functional elements at the field level will coordinate with a DOC, which may provide direct support to field operations as necessary.
Once activated, the EOC coordinates with other responding jurisdictions and agencies to facilitate the request for and acquisition of resources, the sharing of information, and ensuring operational objectives are met throughout the response. The EOC assumes operational control of all assets activated. Once deployed, field-level incident commanders assume tactical control of these assets.
Once activated, the EOC notifies the Marin Operational Area (Marin OA) via Marin County OEM. Coordination and communications are established between the City of San Rafael EOC, other local government EOCs, the Marin OA EOC, and various ICPs across affected jurisdictions. If activated, the Marin OA EOC will perform this function.
During incidents where the EOC is not activated, the City of San Rafael OES coordinates with other response partners and fulfils the needed functions of an EOC.
Mutual Aid
If resources available within the City of San Rafael are unable to sufficiently respond to an incident, disaster, or planned event, a request for assistance may be made to other local jurisdictions and higher levels of government according to existing or emergency-negotiated mutual aid agreements. Mutual aid agreements may provide emergency assistance in the form of equipment, supplies, personnel, or other capabilities and allow for the rapid mobilization of resources from one agency to another.
The City of San Rafael, and the entire Marin OA, participate in the statewide Cal OES discipline-specific mutual aid system and is a member of Region II. The Region facilitates multi-agency and multi-jurisdictional coordination between Cal OES and the Marin OA, including state agencies, local and tribal governments, and special districts.
The Region II mutual aid system includes established mutual aid mechanisms for law enforcement, fire and rescue, coroner/medical examiner, and Regional Disaster Medical Health systems. It is expected that during activation the appropriate Operational Area Mutual Aid Coordinators will be assigned to the Marin OA EOC.
Emergency Operations Plan – Base Plan
37 Figure 4: Discipline-Specific Regional Mutual Aid System Intelligence and Information
The ability to collect, analyze, and disseminate information is critical for informed decision-making in the EOC.
Information is raw data that once analyzed provides intelligence that can inform decisions. Some information is considered more critical than others. Essential Elements of Information (EEIs) may be pre-identified to support decision-making and ensure important details are shared to effectively manage and execute an operation. EEIs and reporting guidelines should be pre-identified during the planning phase and confirmed at the beginning of each response. Priority information for collection and sharing includes:
• Injuries and fatalities
• Deployments and/or demobilizations
• Changes in conditions affecting the response
• Enhanced situational status of disproportionately impacted and diverse populations • Conditions that affect the capability to respond
Information is shared to and from the EOC and field responders, as well as with federal, state, and other local government agencies, community-based organizations, and business resources by direct communication when necessary. Daily, non-urgent information is typically shared through Situation Reports (SitReps) and coordination calls. The EOC serves as the hub for information dissemination to the public via the Public Information Officer (PIO). More information on SitReps, including a SitRep template, is outlined in the EOC Handbook.
Documentation
Records are kept that identify incident and recovery-related expenditures and obligations separated from general programs and activities, and will be archived for a minimum of three (3) years following closure of federal Emergency Operations Plan – Base Plan
38 reimbursement, or longer for specific records outlined in city, county, or state record retention policies. 68 The EOC
archives official and unofficial disaster documentation, including correspondence, SitReps, ICS forms, requests for proclamations of emergency, requests for assistance, cost/expenditures reports, damage assessment reports, EOC action plans (EAPs), press releases, and any other documentation used during the response.
Department Details
OES • Retains all disaster-related documentation via WebEOC, SharePoint, and hard copy
City Clerk’s Office • Retains all contracts and agreements Administrative Services
Department • Retains all timekeeping/personnel information Table 14: Document Retention Responsibilities
Resource Management
When possible, individual departments manage their own resource sourcing during an incident. The Logistics Section at the ICP or DOC coordinates with the EOC, when activated, on resource sourcing to prevent duplication of effort. The Logistics Section manages resource requests to ensure proper resource tracking and documentation.
Field personnel or individual departments submit resource requests on an electronic form through their Incident Commander or DOC to the Operations Section. The Operations Section forwards all resource requests to the Logistics Section for processing.
Public Information
Joint Information System (JIS) and Joint Information Center (JIC) A Joint Information System (JIS) may be activated in complex incidents to support public information coordination.
The JIS is the broad mechanism that organizes, integrates, and coordinates information to ensure timely, accurate, accessible, and consistent messaging activities across multiple departments or jurisdictions. The JIS includes the plans, protocols, procedures, and structures for public information.
The Joint Information Center (JIC) is a central location that facilitates the operations of the JIS. The JIC provides a physical or virtual space where public information personnel performs critical emergency information functions, crisis communications, and public affairs functions. A JIC may be established at various levels of government and may include PIOs from multiple agencies, departments, and organizations. The JIC coordinates all messaging through the EOC Director and public information staff. When necessary, the JIC will coordinate with outside agencies, such as the Marin OA JIC.
Alert and Warning
The City of San Rafael emergency alert and warning program incorporates multiple systems and languages to reach the broadest target population. All public communications are inclusive, targeted, and culturally competent.
Specific circumstances of the incident dictate the method of alerting. Common alert and warning methods include:
• Alert Marin: Mass notification software used to deliver emergency alerts via call, text, email, or smartphone application that is primarily used to publish critical updates during an emergency, including life 68 https://www.caloes.ca.gov/LegalAffairsSite/Documents/Cal%20OES%20Yellow%20Book.pdf Emergency Operations Plan – Base Plan
39 safety information about imminent flooding, wildfires, and evacuations to the specific area or neighborhood affected.69
• Public Emergency Portal: A web-based resource that serves as a clearinghouse for incident-specific information and recommended public actions for the entire Marin OA. The Public Emergency Portal is primarily used to publish information on behalf of local jurisdictions, utility providers, and Caltrans, and incorporated geographic/map-based displays to ensure information is always up to date.70 • Nixle: A mass notification alerting system that allows the City of San Rafael to publish public safety information in four categories: alerts/messages, advisories, community information, and traffic. Nixle is Primarily used by the Police Department to release emergency messages on topics such as road closures, traffic conditions, and general post-disaster updates about shelter, transportation, and supplies.71 • Nextdoor: A social networking and emergency alert system that allows residents in localized geographic areas to communicate with each other. Primarily used by various City departments to send emergency alerts on severe weather, unplanned road closures, and threats to property or life to specific neighborhoods or locations.72
• Social Media: Social media, such as Facebook, Twitter, and WhatsApp, allow the City of San Rafael to engage in an official, two-way dialogue with large groups of people. Primarily used to amplify other distribution methods and reach traditionally underserved and/or marginalized communities who may not receive other forms of public communications.
• City of San Rafael Website: Allows the City of San Rafael to publish information online as appropriate during and after incidents. Individual departments may also post emergency messages on their website subpages. Primarily used to provide information on preparedness information and emergency protective actions.73
• Local News Media: Includes traditional media such as cable television, broadcast radio, and print media and is primarily used to support message dissemination in coordination with the EOC. • Community-based and Cultural Organizations: Includes organizations such as the Canal Alliance and the Marin Center for Independent Living who support message distribution and amplification among their clients.
• Flyers and Signage: Written communications posted in public and accessible locations support underserved and/or marginalized communities who may not receive other forms of public communications, including technology-based communications.
3.4. Recovery
The City of San Rafael is involved in recovery operations following an incident or disaster as the community returns to normalcy. The City of San Rafael aims to help individuals and families recover by ensuring that services to maintain and restore health, safety, independence, and livelihoods are equitably available to the whole community. If additional resources are necessary, as defined by community needs, the City of San Rafael aims to 69 https://emergency.marincounty.org/pages/alertmarin 70 https://emergency.marincounty.org/ 71 https://local.nixle.com/register/ 72 https://nextdoor.com/city/san-rafael--ca/ 73 https://www.cityofsanrafael.org/ Emergency Operations Plan – Base Plan
40 provide those programs directly or through coordination with appropriate partners, service providers, or government entities. These services include helping meet specific needs of residents as follows:
• Restoration of essential services generally available in communities such as food, water, shelter, energy, and fuel.
• Assessment of the extent and severity of damage to homes, businesses, or other property. • Provision of human and mental health services.
• Repair of damaged homes and property.
• Development of plans for short-term economic recovery. • Assessment and restoration of natural, cultural, and heritage resources.
The City of San Rafael coordinates recovery operations with a focus on cultural competency and inclusion of traditionally underserved and/or marginalized communities. Coordination with external partners, including community-based programs and Voluntary Organizations Active in Disasters (VOAD program) supports this goal.
Recovery is often defined in two phases: short-term recovery and long-term recovery. However, recovery occurs on a continuum and these phases may overlap with each other and the response phase. 74 74 https://www.fema.gov/pdf/recoveryframework/ndrf.pdf Emergency Operations Plan – Base Plan
41 Figure 5: Recovery Continuum Activities
Short-Term Recovery
In the EOC, short-term recovery operations are initiated during the response phase of the incident by the Recovery Planning function in the Planning Section. Recovery Planning is responsible for not only initiating recovery planning but also for anticipating long-term needs and beginning the coordination of resources to fill future requirements.
The primary objective of short-term recovery operations is to begin the process of restoring community and economic functions. As the immediate threat to life, property, and environment subsides, other goals of the EOC or organization may include:
• Damage assessment
• Rapid debris removal and cleanup
• Systematic and coordinated restoration of community lifelines Damage/Safety Assessment
Emergency Operations Plan – Base Plan
42 Information on the level of damages or status of safety hazards supports situational awareness and identifies gaps in survivor needs following an incident. More information on damage assessment can be found in the EOC Handbook and Hazard Specific Playbooks.
Assessment Details
Rapid Damage
Assessment
• Conducted to locate and identify casualties and hazards, and to aid the direction of response efforts.
• These windshield surveys generate situational awareness of damages and may come from a variety of sources, including first responders, such as Public Works. • These reports may vary in detail and quality due to the circumstances of the situation.
Initial Damage
Estimate (IDE)
• Conducted to identify and document damage and initial cost estimates to support requests for state and federal assistance.
• These examinations provide an in-depth look at infrastructure, prepare for emergency repairs, and may include information collected during the Rapid Damage Assessment.
• Information collected during this phase is submitted to Cal OES on an Initial Damage Assessment Summary Report through the Marin OA EOC.
Safety
Assessment
• Conducted to evaluate facilities following a disaster to determine the condition of buildings and infrastructure for safety of use and occupancy.
Joint Preliminary
Damage
Assessment (PDA)
• Conducted to determine the impact and magnitude of damage and the resulting unmet needs of the community and ultimately provide financial assistance for recovery.
• Safety and damage assessment information inform the PDA and support a Governor’s request for a Presidential emergency or major disaster declaration.
Table 15: Damage Assessments
Long-Term Recovery
Long term recovery includes those activities necessary to restore a community to a “normal” pre-disaster state, or preferably an improved, “new normal” state with increased resiliency. Long-term recovery requires significant planning to maximize opportunities, ensure equity, and mitigate risks. For these reasons, some activities of a successful and effective long-term recovery operation may continue for years after a disaster occurs.
The major objectives of long-term recovery include:
• Coordinated delivery of social and health services.
• Provision of culturally competent, inclusive, long-term assistance to displaced families. • Reconstruction of public and private facilities and infrastructure. • Restoration of the local economy.
• Improved land-use planning and recovery projects, including those that leverage mitigation against future disasters.
• Recovery of disaster-related costs through federal and state assistance.
Cost Recovery
Disaster-related expenditures may be reimbursed under several state and federal programs. Reimbursements may be authorized for approved costs for work performed in the protection or restoration of public facilities or Emergency Operations Plan – Base Plan
43 functions. Funding may also be available for individuals or businesses to assist with the recovery process. The City of San Rafael will seek cost recovery for disaster-related expenses whenever possible.
To facilitate this effort, the City of San Rafael follows jurisdictional practices to track time, expenses, and information for applicable personnel, materials and supplies, and equipment usage. The Finance Section of the EOC maintains cost documentation for accurate accounting to facilitate successful local reimbursement during the cost-recovery process. The disaster funding programs below do not represent all funding sources available to the City of San Rafael.
Assistance
Program
Details
Public Assistance
Program
FEMA's Public Assistance (PA) grant program provides federal assistance to government organizations and certain private nonprofit organizations following a presidential disaster declaration. Eligible projects include debris removal, life-saving emergency protective measures, and the repair, replacement, or restoration of disaster-damaged publicly owned facilities, and the facilities of certain private nonprofit organizations. The PA program also encourages the protection of these damaged facilities from future events by providing financial assistance for hazard mitigation measures during the recovery process. 75 The federal share of assistance is up to 75 percent of the eligible cost. In some cases, such as during the COVID-19 recovery process, the federal share may reimburse up to 100% of eligible costs. 76
California
Disaster
Assistance Act
The California Disaster Assistance Act (CDAA) authorizes Cal OES to administer a disaster assistance program that provides state funding for costs incurred by local governments due to a disaster event. Funding for the repair, restoration, or replacement of public real property damaged or destroyed by a disaster is made available when the Cal OES Director concurs with a local emergency proclamation requesting state disaster assistance. The program also provides for the reimbursement of local government costs associated with certain emergency activities undertaken in response to a state of emergency proclaimed by the Governor. In addition, the program may provide matching fund assistance for costsharing required under federal public assistance programs in response to a Presidential Major Disaster or Emergency Declaration. Generally, the state share reimbursed to an applicant agency is no more than 75% of the eligible project costs.
The CDAA also allows certain eligible private nonprofit organizations to receive state assistance for extraordinary costs incurred while providing assistance at the request of local government agencies during a disaster that falls under a Governor’s state of emergency proclamation.
Fire Management
Assistance Grant
The Fire Management Assistance Grant (FMAG) program provides supplemental federal assistance to states and affected local governments for the mitigation, management, and control of fires burning on publicly or privately owned forests or grassland. A local fire agency must request an FMAG through the Marin OA EOC to the Cal OES Fire and Rescue Branch or the California State Warning Center (CSWC) while the fire is burning 75 https://www.fema.gov/assistance/public/program-overview 76 https://www.fema.gov/press-release/20210203/fema-statement-100-cost-share Emergency Operations Plan – Base Plan
44 uncontrolled. Cal OES coordinates with FEMA on an expedited basis and a funding decision is rendered in a matter of hours.77,78
Community
Disaster Loan
FEMA’s Community Disaster Loan program provides forgivable loans capped at $5 million to units of local government based on real revenue shortfalls due to a presidentially declared disaster. Typically, the loan may not exceed 25% of the local government’s annual operating budget for the fiscal year of the disaster.79 Hazard Mitigation
Grant Program
FEMA’s Hazard Mitigation Grant Program (HMGP) provides funding to eligible units of local government to support their efforts to rebuild following a disaster in a way that reduces future losses in their communities. Hazard mitigation includes long-term efforts to reduce risk and the potential impact of future disasters.80 Table 16: Assistance for Governments
Assistance
Program
Details
Individual
Assistance
Program
FEMA provides assistance to individuals and households through the Individual Assistance (IA) Program, which includes the following programs:81
• Mass Care and Emergency Assistance
• Individuals and Households Program
o Housing Assistance
o Other Needs Assistance
• Disaster Case Management
• Crisis Counseling Assistance and Training Program
• Disaster Legal Services
• Disaster Unemployment Assistance
• Voluntary Agency Coordination
Small Business
Administration
Disaster Loans
The Small Business Administration (SBA) provides low- or no-interest disaster loans to help businesses and homeowners recover from declared disasters. The SBA declaration process has a lower threshold than FEMA and will only assist those who do not meet FEMA requirements.82
Table 17: Assistance for Individuals and Businesses
After-Action Review Process
Following a significant EOC activation, the City of San Rafael Office of Emergency Services (OES) may conduct an after-action review with key members of the EOC and other response organizations.
Methods used to solicit feedback in the after-action review process may include:
• After-action meeting
• Hot wash or debrief
• Responder/participant surveys
• Responder/participant interviews
77 https://www.fema.gov/assistance/public/fire-management-assistance 78 https://www.caloes.ca.gov/cal-oes-divisions/recovery/public-assistance/fire-management-assistance-grant 79 https://crsreports.congress.gov/product/pdf/IF/IF11600 80 https://www.fema.gov/grants/mitigation/hazard-mitigation 81 https://www.fema.gov/sites/default/files/2020-09/fema_individual-assistance-program-policy-guide_11-29-2018.pdf 82 https://www.sba.gov/funding-programs/disaster-assistance Emergency Operations Plan – Base Plan
45 • Open solicitation of written feedback
• Webinars
• Workshops
• Public surveys or solicitation for feedback
After-Action Report/Improvement Plan
As part of an after-action review, OES may develop an after-action report and improvement plan (AAR/IP). The AAR/IP summarizes key evaluation information, including an overview and analysis of the incident. The AAR/IP is an opportunity to capture what happened during the incident or exercise, what went well and should be reinforced or repeated, and gaps that should be addressed in the future. The AAR/IP includes:
• A review of response actions
• Suggested modifications to plans and procedures
• Identified training needs
• Equipment needs to improve future responses
A corrective action program provides reflective improvement of emergency response capabilities. It utilizes the AAR/IP and is intended to establish best practices and affect positive change. An improvement plan is made up of corrective actions that are concrete, actionable steps that are intended to resolve capability gaps identified in the after-action review process.
Emergency Operations Plan – Base Plan
46 4. Roles and Responsibilities
The City of San Rafael has a shared responsibility for the coordination of response and recovery operations for the Whole Community, including resource coordination, alert and warning, public information, damage assessment, and recovery guidance. All partners within the City of San Rafael, including City of San Rafael departments, special districts, and private, nongovernmental volunteer, and community-based organizations (CBOs) have roles and responsibilities based on their daily tasks and operations. The County of Marin also plays a key coordination role in complex incidents that span multiple jurisdictions within the Marin Operational Area (Marin OA). Some roles and responsibilities of response organizations may overlap with each other to create redundancies within the response network. Special districts, state, and federal governments are also part of the response framework, but as support organizations are not tasked directly in the City of San Rafael Emergency Operations Plan (EOP).
4.1. City of San Rafael Government
Certain departments within the City of San Rafael may participate in the Emergency Operations Center (EOC) based on their day-to-day functions for normal operations within the City of San Rafael. These departments are identified as “primary” or “support” for specific EOC functions in Table 13. Some “primary” or “support” roles are identified based on positions that individuals from specific departments have held during previous incidents, disasters, or planned events.
All roles and responsibilities are incident dependent and subject to change based on the nature of the incident, availability of staff, and expertise of available employees. Individuals and departments working within the EOC also understand that they may be asked to support additional duties due to the specific nature of response and recovery operations. City of San Rafael employees will only be asked to serve in positions and conduct duties that they have been trained for and are comfortable performing.
Table 18, below, outlines the broad roles and responsibilities of each EOC section, and City departments that typically fill functions within that section. Figure 6 provides a visual description of the entire EOC organization.
EOC Section Typically Staffed By Positions Key Roles/Responsibilities Policy Group
• Mayor
• City Council
• EOC Director
• City Attorney
• N/A
• Manages economic, political,
legal, and social implications of
incident
• Does not interfere with onscene response priorities
Management
Section
• City Manager’s
Officer
• City Attorney’s
Office
• Digital Service &
Open Government
• Library & Recreation
• Office of Emergency
Services (OES)
• EOC Director
• EOC
Coordinator/Safety
Officer
• Public Information
Officer (PIO)
• Deputy PIO
• Access and
Translation
• JIC Support
• Manages overall emergency
response efforts
• Ensures readiness of the EOC
• Ensures incident safety
• Manages public information on
behalf of the City of San Rafael
• Approves the completed EOC
Action Plan (EAP)
Emergency Operations Plan – Base Plan
47 EOC Section Typically Staffed By Positions Key Roles/Responsibilities • Functional Needs
Advocate
• Legal Officer
• Liaison Officer
• Administrative
Assistant
Operations
Section
• Police Department
• Fire Department
• Library & Recreation
Department
• Sanitation District
• Public Works
Department
• Operations Section
Coordinator
• Fire/EMS Branch
• Law Enforcement
Branch
• Human Services
Branch
• Shelter Unit
• Infrastructure Branch
• Utilities Unit
• Public Works Unit
• Transportation Unit
• Controls the activity of
organizations with a response in
the management, stabilization,
and resolution of the emergency
• Determines tactics necessary to
achieve incident objectives
• Communicates EAP to EOC
staff and incident commanders
as necessary
Planning Section
• City Clerk
• Community
Development
Department
• Economic
Development
Department
• Library & Recreation
Department
• Digital Service &
Open Government
• Public Works
Department
• Planning Section
Coordinator
• Situation Status Unit
• Damage Assessment
Unit
• Advanced Planning &
Demobilization Unit
• Technical Specialists
• GIS/Document &
Display Unit
• Documentation Unit
• Gathers timely, accurate,
accessible, and consistent
information
• Prepares Situation Reports to
create a common operating
picture
• Manages development of EOC
Action Plan
• Technical specialists are initially
assigned to the Planning Section
Logistics Section
• Public Works
Department
• Digital Service &
Open Government
• Economic
Development
Department
• Sustainability
Department
• Library & Recreation
Department
• Logistics Section
Coordinator
• Communications/IT
Unit
• Resource Status Unit
• Donations Unit
• Volunteer Unit
• Supply &
Procurement Unit
• Equipment &
Facilities Unit
• Establishes and confirms
process for resource acquisition
• Facilitates procurement of
resources, personnel, and
transportation services
• Provides communication
methods, resource tracking, and
arranges for food, lodging, and
other services as necessary
Emergency Operations Plan – Base Plan
48 EOC Section Typically Staffed By Positions Key Roles/Responsibilities Finance/
Administration
Section
• Finance Department
• Human Resources
Department
• Finance Section
Coordinator
• Timekeeping &
Personnel Unit
• Compensation &
Claims Unit
• Cost Recovery Unit
• Budgeting &
Procurement Unit
• Provides cost assessment of
incident objectives
• Maintains staff timesheets
• Supports execution of contracts
and purchase orders to support
incident response
Table 18: EOC Responsibilities Overview
Emergency Operations Plan – Base Plan
49 San Rafael EOC Organization
The organizational chart below outlines the primary positions in the San Rafael EOC. This may be expanded or contracted based on need.
Figure 6: EOC Organization
Policy
Group EOC Director
Operations Section
Coordinator
Law
Enforcement Fire/EMS
Human Services
Shelter
Infrastructure
Utilities
Public
Works
Transportation
Planning Section
Coordinator
Situation
Status
Damage
Assessment
GIS/Document
& Display
Advance
Planning &
Demobilization
Technical
Specialists
Documentation
Logistics Section
Coordinator
Communications
& Information
Technology
Facilities &
Equipment
Resource
Status
Donations
Volunteer
Supply &
Procurement
Finance Section
Coordinator
Timekeeping &
Personnel
Compensation &
Claims
Cost Recovery Budgeting &
Procurement
EOC Coordinator/
Safety Officer
Functional Needs
Advocate
Liasion
Officer
Administrative
Assistant
PIO
Deputy PIO Access and
Translation
JIC Support
Legal Officer
Emergency Operations Plan – Base Plan
50 Department Crosswalk
The crosswalk below outlines departments with a primary or support role in the EOC.
P = Primary
S = Support
City Attorney's OfficeCity Clerk's OfficeCity CouncilCity Manager's OfficeCommunity DevelopmentDigital Service and Open GovernmentEconomic DevelopmentFinance DepartmentFire DepartmentHuman ResourcesLibrary and RecreationOffice of Emergency ServicesParking ServicesPolice DepartmentPublic WorksSanitation District Sustainability Policy Group P S
EOC Director P S
EOC Coordinator/
Safety Officer S P
PIO Team S P S S S
AFN Advocate P S S S
Legal Officer P S
Liaison Officer S S P
Admin Assistant P S S
Operations
Section P P S P P S
Law Enforcement S P
Fire/EMS P S S
Human Services P S
Shelter P S
Infrastructure S S P S
Utilities S P
Public Works P S
Transportation S S P
Planning Section P S S S
Emergency Operations Plan – Base Plan
51 P = Primary
S = Support
City Attorney's OfficeCity Clerk's OfficeCity CouncilCity Manager's OfficeCommunity DevelopmentDigital Service and Open GovernmentEconomic DevelopmentFinance DepartmentFire DepartmentHuman ResourcesLibrary and RecreationOffice of Emergency ServicesParking ServicesPolice DepartmentPublic WorksSanitation District Sustainability Situation Status S P S S S S S
Damage
Assessment S S S P
Advanced
Planning &
Demob
S P S S
GIS S S P
Documentation/
Display P S
Logistics Section S S S P
Comms & IT P
Resource Status P
Donations P
Volunteer
Resources
S S P
Supply &
Procurement P S S
Facilities &
equipment S P
Finance Section S P S
Timekeeping &
Personnel S P
Cost Recovery S P S
Budgeting &
Procurement S P
Compensation &
Claims S P
Other EOC
Support S S S S P
Table 19: Department Crosswalk
Emergency Operations Plan – Base Plan
52 4.2. County of Marin
The Marin County Office of Emergency Management (Marin County OEM) serves as a coordinating body for multijurisdictional or complex responses within the Marin Operational Area (Marin OA). Marin County OEM supports local jurisdictions when requested by providing communications support, managing Region II mutual aid requests, and supporting coordination with the California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA), when necessary. The Marin OEM sits under the Marin County Fire Department.
4.3. Special Districts
Special districts are local governments created by the people of a community to deliver specialized services essential to their health, safety, economy, and well-being, that the local city or county government does not provide. Special districts fulfill a significant role during a disaster. They may support the emergency response by providing subject matter expertise, including assisting the EOC in communicating hazard threats and evacuation orders to specific populations and geographical areas. Special districts in the City of San Rafael that are most relevant to emergency response include public safety, public utility (including water and sanitation districts), and community services districts.
The Marinwood Community Services District Fire Department (Marinwood Fire Department) provides the first response to much of northern San Rafael. The San Rafeal Fire and Police Departments have first response responsibility to County Service Areas (CSAs) in unincorporated areas within the San Rafael geographic boundary.
The largest being CSA 19 which encompasses Los Ranchitos, Country Club, and Santa Venetia. Outside of immediate life saving responsibility, the disaster response and recovery of these areas is under the purview of Marin County OEM.
San Rafael residents are serviced by Marin Municipal Water District, San Rafael Sanitation District, and the Las Gallinas Valley Sanitary District.
4.4. Businesses, Nongovernmental Volunteer, and
Community-Based Organizations
The private sector is an important component of the City of San Rafael response and recovery framework.
Businesses can augment mutual aid agreements by providing personnel and supplies during times of crisis, and support the volunteer and donations management objectives during and after an incident, disaster, or planned event.
Nongovernmental organizations and community groups include voluntary, racial and ethnic, faith-based, veteranbased, and community and nonprofit organizations that provide sheltering, emergency food supplies, and other essential support services. Volunteer agencies and private agencies may participate in the mutual aid system along with governmental agencies. Contingent on locally available resources, volunteer agencies, community-based organizations, and private businesses are essential elements of the emergency response effort to meet the needs of disaster victims. A few organizations which are incorporated into formal County or State Plans are listed below. • American Red Cross (Red Cross): The American Red Cross is chartered by Congress to provide relief to survivors of disasters and help people prevent, prepare for, and respond to emergencies. In the City of San Emergency Operations Plan – Base Plan
53 Rafael, the American Red Cross of the North Bay supports sheltering and feeding operations during times of crisis.83
• Marin Center for Independent Living (CIL): The Marin CIL is a community-based nonprofit organization that provides advocacy and services for older adults and persons with all disabilities. Representatives from Marin CIL advocate for the needs of people with access and functional needs throughout preparedness, response and recovery operations.
• Marin Humane: Marin Humane is an independent nonprofit that supports animal sheltering and animal care services.
• Marin Voluntary Organizations Active in Disaster (VOAD): Marin VOAD is a collaboration of non-profit and faith-based organizations, government, and private businesses that mitigate and alleviate the impact of disasters. Marin VOAD fosters stronger communities to increase overall resiliency and promote a more effective disaster recovery.84
• San Rafael CRT: The San Rafael CRT is led by the Canal Alliance and Multicultural Center of Marin. They advocate for equitable access to public health, disaster preparedness and mitigation resources. The CRT members can serve as a communication link between the San Rafael OES/EOC and community members with a unique ability to reach non-native English speakers and families with mixed immigration status.
4.5. Support Organizations
State
The Marin OA EOC coordinates directly with the Cal OES Coastal Region Emergency Operations Center (REOC) throughout response and recovery operations to provide support to all jurisdictions with the Marin OA, including the City of San Rafael. State government departments are responsible for providing various services such as specialized skills, technical assistance and training, equipment, and resources in support of state and local government emergency operations. State government will also work with other states, the FEMA Region IX Office, and other federal agencies for interstate mutual aid, federal resources, and public and private assistance as necessary.
Federal
The National Response Framework (NRF) facilitates the delivery of federal response assistance to states to help them respond to and recover from the consequences of significant emergencies and disasters.85 There are some instances in which a federal or state agency will have a field response role, due to the jurisdictional responsibility of the event. Some federal agencies are mission tasked with actions that can directly support the county response efforts prior to a federal declaration. Once a federal declaration is issued, all federal agency response efforts will be coordinated through FEMA and a Joint Field Office. The event type will determine their location and scope of involvement.
83 https://www.redcross.org/local/california/northern-california-coastal/about-us/locations/north-bay.html 84 https://www.catchafire.org/organizations/marin-voad_19668/ 85 https://www.fema.gov/sites/default/files/2020-04/NRF_FINALApproved_2011028.pdf Emergency Operations Plan – Base Plan
54 5. Plan Development and Maintenance
5.1. Plan Development and Updates
The City of San Rafael Emergency Operations Plan (EOP) is developed by the Office of Emergency Services (OES).
The EOP should be reviewed regularly and amended as appropriate in accordance with a five-year schedule, to include at a minimum:
• In no case should any part of the plan go for more than two (2) years without being reviewed and revised. • A complete review and amendment of the Base Plan and operational appendices every five (5) years.
The City of San Rafael also reviews the EOP and any operational annexes for consistency to ensure relevancy, and revises if deemed necessary, after the following events:
• A major incident, Emergency Operations Center (EOC) activation, or major exercise. • A change in operational resources (e.g., policy, personnel, organizational structures, management • processes, facilities, equipment).
• A formal update of planning guidance or standards or enactment of new or amended laws or ordinances. • A change in elected or appointed officials.
• A change in the local demographics or hazard or threat profile.
The review and update process for the EOP and any operational appendices is led by OES using a Whole Community approach with a focus on cultural competency. This approach includes soliciting feedback from key stakeholders from across the City of San Rafael. Incorporating formal and informal feedback into the EOP helps assure the needs of all individuals, particularly traditionally underserved and/or marginalized communities are addressed. Selecting partners that represent the whole community, including response partners, community leaders, and non-governmental representatives, confirms that the plan is not only straightforward for response personnel but is also accessible to the entire population. To a greater extent, this cultural competency review guarantees that the procedures outlined in the EOP serve diverse communities.
Plans should evolve as lessons are learned, new information and insights are obtained, and priorities are updated.
Evaluating the effectiveness of plans involves a combination of training events, exercises, and real-world incidents to determine whether the goals, objectives, decisions, actions, and timing outlined in the plan led to a successful response.
5.2. Standard Operating Procedures Development
The EOP designates roles and responsibilities for specific emergency response functions to departments and partners within the City of San Rafael and Marin County. These agencies develop standard operating procedures (SOPs) to supplement each aspect of the EOP, where applicable. SOPs support the execution of the EOP and operational appendices by providing step-by-step instructions and details specific to the roles and responsibilities contained within the documents. SOPs can take the form of checklists or job aids. First responder agencies are trained to first manage the emergency at their local level following their individual SOPs. The City of San Rafael, first responding agencies, and the Marin County Office of Emergency Management (Marin County OEM) coordinate to ensure operational consistency between the EOP, local SOPs, and the Marin Operational Area (Marin OA) EOP.
Emergency Operations Plan – Base Plan
55 5.3. Training And Exercises
Annual training on the EOP is typically provided either as a new orientation or refresher training to all City of San Rafael staff that may be expected to participate in an emergency response. OES manages the design, facilitation, execution, and evaluation of these exercises. It is recommended that other organizations within the City of San Rafael that have a role in response or recovery operations train and exercise this EOP regularly.
Emergency Operations Plan – Base Plan
56 6. Appendices
6.1. Appendix A: Acronyms and Abbreviations
Acronym/Abbreviation Term
AAM After Action Review Meeting
AAR/IP After-Action Report/Improvement Plan
AFN Access and Functional Needs
CA State Parks California Department of Parks and Recreation CAL FIRE California Department of Forestry and Fire Protection Cal OES California Governor’s Office of Emergency Services Caltrans California Department of Transportation
CalWARN California Water/Wastewater Agency Response Network CDAA California Disaster Assistance Act
CERT Community Emergency Response Team
CSA County Service Areas
CRT Community Response Team
CMIST Communication, Maintaining Health, Independence, Support and Safety, and Transportation
CNG California National Guard
COG Continuity of Government
COOP Continuity of Operations Plan
CPG Comprehensive Preparedness Guide
CSTI California Specialized Training Institute
CSWC California State Warning Center
DC3 Marin Operational Area Disaster and Citizens Corps Council DFW California Department of Fish and Wildlife
DOC Department Operations Center
DPW Department of Public Works
DSW Disaster Service Worker
DWR California Department of Water Resources
EAP EOC Action Plan
EAS Emergency Alert System
EMAC Emergency Management Assistance Compact
EMI Emergency Management Institute
EMMA California Emergency Management Mutual Aid
EMS Emergency Medical Services
EOC Emergency Operations Center
Emergency Operations Plan – Base Plan
57 EOP Emergency Operations Plan
EPA United States Environmental Protection Agency
ER Emergency Relief
ESF Emergency Support Function
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
FMAG Fire Management Assistance Grant
FTA Federal Transit Administration
HazMat Hazardous Material
HHS County of Marin Department of Health and Human Services HMGP Hazard Mitigation Grant Program
HSEEP Homeland Security’s Exercise and Evaluation Program IC Incident Command
IA Individual Assistance
ICP Incident Command Post
ICS Incident Command System
IDE Initial Damage Estimate
IPAWS Integrated Public Alert Warning System
JIC Joint Information Center
JIS Joint Information System
LAC Local Assistance Center
Marin OA Marin Operational Area
MCE Marin Clean Energy
MERA Marin Emergency Radio Authority
MHOAC Medical Health Operational Area Coordinator
MMAA California Disaster and Civil Defense Master Mutual Aid Agreement MMWD Marin Municipal Water District
MYTEP Multi-Year Training and Exercise Plan
NIMS National Incident Management System
NMWD North Marin Municipal Water District
NRF National Response Framework
NOAA National Oceanic and Atmospheric Administration
NPS National Park Service
NWEM Non-Weather Emergency Message
NWR National Weather Radio
NWS National Weather Service
OEM Office of Emergency Management (Marin County)
OES Office of Emergency Services (City of San Rafael)
Emergency Operations Plan – Base Plan
58 PA Public Assistance
PDA Preliminary Damage Assessment (Joint)
PIO Public Information Officer
PSPS Public Safety Power Shutoff
REOC Cal OES Coastal Regional Emergency Operations Center RETREP Regional Transportation Representative
RRTF Regional Recovery Task Force
SBA Small Business Association
SEMS Standardized Emergency Management System
SOP Standard Operating Procedure
THIRA Threat and Hazard Identification and Risk Assessment UASI Urban Areas Security Initiative
UC Unified Command
USAR Urban Search and Rescue
USCG U.S. Coast Guard
USDA U.S. Department of Agriculture
USDOT United States Department of Transportation
VOAD Voluntary Organizations Active in Disasters
WEA Wireless Emergency Alerts
WUI Wildland Urban Interface
Table 20: Acronyms and Abbreviations
Emergency Operations Plan – Base Plan
59 6.2. Appendix B: Glossary
● Access And Functional Needs (AFN): Individuals who have physical, developmental, or intellectual disabilities; chronic conditions or injuries; limited English proficiency; older adults; children; low income, homeless and/or transportation disadvantaged (e.g., dependent on public transit); as well as pregnant people.
● Agency: An agency is a division of government with a specific function, or a non-governmental organization {i.e., private contractor, business, etc.) that offers a particular kind of assistance. In ICS, agencies are defined as jurisdictional {having statutory responsibility for disaster mitigation) or assisting and/or cooperating {providing resources and/or assistance). ● Cultural Competence: The ability to understand, value, communicate with, and effectively interact with people across cultures to ensure that the needs of all community members are addressed, with priority given to culturally diverse communities. Cultural competence includes, but is not limited to, being respectful and responsive to the cultural and linguistic needs of culturally diverse communities. ● Culturally Diverse Communities: Includes, but is not limited to, race and ethnicity, including indigenous peoples, communities of color, and immigrant and refugee communities; gender, including women; age, including the elderly and youth; sexual and gender minorities; people with disabilities; occupation and income level including low-income individuals and the unhoused; education level; people with no or limited English language proficiency; as well as geographic location. ● Department Operations Center (DOC): A facility used by a discipline or agency as a department level EOC.
Examples are departments within a political jurisdiction such as fire, police, public works as well as agency divisions, districts, or regional offices. DOCs can be used at all SEMS levels above the field response level, depending on the impacts of the emergency, demographic nature of the agency or organization, local policy and procedures, and configuration of communications systems. ● Emergency: A condition of disaster or of extreme peril to the safety of persons and property caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestations or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy.
● Emergency (Federal Definition): Any hurricane, tornado, storm, flood, high-water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires federal emergency assistance to supplement state and local efforts to save lives and protect public health and safety or to avert or lessen the threat of a major disaster.
● Emergency Operations Center (EOC): A facility used for the centralized direction and/or coordination of emergency operations. An effective EOC must provide adequate working space and be properly equipped to accommodate its staff, have the capability to communicate with field units and other EOCs, and provide protection commensurate with the projected risk at its location. EOC facilities are established by an agency or jurisdiction responsible for the support of an emergency response. ● Emergency Operations Plan (EOP): The plan that each jurisdiction has and maintains for responding to appropriate hazards.
● Emergency Plans: Those official and approved documents which describe principles, policies, concepts of operations, methods, and procedures to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, emergency functions of governmental agencies, mobilization and application of resources, mutual aid, and public information.
● Emergency Public Information: Information disseminated to the public by official sources during an emergency, using broadcast and print media. This includes: (1) instructions on survival and health preservation actions to take (what to do, what not to do, evacuation procedures, etc.), (2) status Emergency Operations Plan – Base Plan
60 information on the disaster situation (number of deaths, injuries, property damage, etc.), and (3) other useful information (state/federal assistance available). ● Incident: An occurrence, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources.
● Incident Command System (ICS): The nationally used, standardized on-scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple disasters without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, with the responsibility for the management of resources to effectively accomplish stated objectives pertinent to a disaster. ● Major Disaster (Federal Definition): Any hurricane, tornado, storm, flood, high-water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosions, or other catastrophe in any part of the United States which, in the determination of the president, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the federal disaster relief act, above and beyond emergency services by the federal government, to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. ● Mutual Aid Agreement: A written agreement between agencies and/or jurisdictions in which they agree to assist on another upon request, by furnishing personnel and equipment. ● Mutual Aid Coordinator: an individual at local government, operational area, region, or state level that is responsible for coordinating the process of requesting, obtaining, processing, and using mutual aid resources. mutual aid coordinator duties will vary depending on the mutual aid system. ● Mutual Aid Region (State Definition): A subdivision of the State Office of Emergency Services (OES) established to assist in the coordination of mutual aid and other emergency operations within a geographical area of the state consisting of two or more counties (operational areas). ● Office Of Emergency Services (OES): A state (California Governor's Office of Emergency Services), operational area (county), city, or other jurisdiction administrative and operational function with the mission of planning for, preparing for, reacting to, and recovering from disasters. The OES may not be staffed on a full-time basis, although the function is necessary. The day-to-day operations may be administered by a coordinator.
● Operational Area: An intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. A political subdivision includes any city, city and county, county, district, or other local governmental agency or public agency authorized by law. ● Special District: A unit of local government (other than a city, county, or city and county) with authority or responsibility to own, operate, or maintain a project (as defined in California code of regulations 2900(s)) for the purposes of natural disaster assistance. This may include a joint powers authority established under Section 6500 et seq. of the code.
● Standardized Emergency Management System (SEMS): A system required by California government code for managing response to multi-agency and multi-jurisdiction emergencies in the State of California. SEMS consists of five organizational levels, which are activated as necessary: field response, local government, operational area, region, and state. The state of California designated emergency management structure for all government agencies, jurisdictions and districts mandated by law. Failure to comply with this law may result in the loss of all state and federal funding for expenses incurred while dealing with a natural or man-made disaster.
● Whole Community: A means by which residents, emergency management practitioners, organizational and community leaders, and government officials can collectively understand and assess the needs of their respective communities and determine the best ways to organize and strengthen their assets, capacities, and interests.
Emergency Operations Plan – Base Plan
61 6.3. Appendix C: Authorities & Relevant Plans
Federal
● Americans with Disabilities Act of 1990
● Americans with Disabilities Act of 1990, Title II, Chapter 7, Emergency Management (2007) ● Comprehensive Preparedness Guide (CPG) 101 Version 3.0, 2021 ● Emergency Management and Assistance, Title 44, CFR
● Emergency Planning and Community Right-to-Know Act, 42 USC Chapter 116 ● Federal Civil Defense Act of 1950, Public Law 920, (Public Law, as amended) ● Homeland Security Presidential Directive, HSPD-3, Homeland Security Advisory System ● Homeland Security Presidential Directive, HSPD-5, Management of Domestic Incidents ● National Incident Management System (NIMS)
● National Response Framework (NRF)
● Public Assistance Program and Policy Guide, Version 4, June 1, 2020 ● Presidential Policy Directive, PPD-8, National Preparedness ● Robert T. Stafford Disaster Relief & Emergency Assistance Act, (as amended), 42 U.S.C. 5121 ● U.S. Army Corps of Engineers Flood Fighting, Public Law 84-99 State
● California Code of Regulations, Title 19, Public Safety ● California Code of Regulations, Title 2, Administration ● California Emergency Services Act
● California Disaster Assistance Act
● California Disaster and Civil Defense Master Mutual Aid Agreement ● California State Emergency Plan
● Governor's Executive Order W-9-91
● SB-833 Emergencies: Office of Emergency Services: Guidelines: Alert and Warning Systems Local
● San Rafael Municipal Code, Title 7 – Emergency Services ● Marin County Community Wildfire Protection Plan (2020) ● Marin County Multi-Jurisdiction Local Hazard Mitigation Plan (2018) ● City of San Rafael Local Hazard Mitigation Plan (2017) ● City of San Rafael EOC Handbook (2023)
● City of San Rafael Hazard Playbook – Storm (2023)
Emergency Operations Plan – Base Plan
62 6.4. Appendix D: List of Disaster Assistance Resources ● Building Resilient Infrastructure and Communities (BRIC): The FEMA BRIC grant program aims to shift the federal focus away from reactive disaster spending and toward research-supported, proactive investment in community resilience by funding mitigation projects with an added focus on infrastructure projects and community lifelines.86
● California Disaster Assistance Act (CDAA): The California Disaster Assistance Act (CDAA) authorizes Cal OES to administer a disaster assistance program that provides state funding for costs incurred by local governments due to a disaster event. Funding for the repair, restoration, or replacement of public real property damaged or destroyed by a disaster is made available when the Director concurs with a local emergency proclamation requesting state disaster assistance. The program also provides for the reimbursement of local government costs associated with certain emergency activities undertaken in response to a state of emergency proclaimed by the Governor. In addition, the program may provide matching fund assistance for cost sharing required under federal public assistance programs in response to a Presidential Major Disaster or Emergency Declaration. Generally, the state share reimbursed to an applicant agency is no more than 75% of the eligible project costs. The CDAA also allows certain eligible private nonprofit organizations to receive state assistance for extraordinary costs incurred while providing assistance at the request of local government agencies during a disaster that falls under a Governor’s state of emergency proclamation.
● Community Disaster Loan: The Federal Emergency Management Agency (FEMA) Community Disaster Loan program provides forgivable loans capped at $5 million to units of local government based on real revenue shortfalls due to a presidentially declared disaster. Typically, the loan may not exceed 25% of the local government’s annual operating budget for the fiscal year of the disaster.87 ● Federal Highway Administration (FHWA) Emergency Relief (ER): The FHWA Emergency Relief (ER) program provides for the repair or reconstruction of Federal-aid highways and roads on Federal lands, which have suffered serious damage because of (1) natural disasters or (2) catastrophic failures from an external cause. Emergency repair work to restore essential travel, minimize the extent of damage, or protect the remaining facilities, accomplished in the first 180 days after the disaster occurs, may be reimbursed at 100 percent Federal share. The 180-day time period for 100-percent eligibility of emergency repairs may be extended if a State cannot access a site to evaluate damages and the cost of repair.88
● Federal Transit Administration (FTA) ER: The FTA ER program assists public transit operators in the aftermath of an emergency or major disaster. This program helps states and public transportation systems pay for protecting, repairing, and/or replacing equipment and facilities that may suffer or have suffered serious damage because of an emergency, including natural disasters such as floods, hurricanes, and tornadoes. The program can fund capital projects to protect, repair, or replace facilities or equipment that are in danger of suffering serious damage, or have suffered serious damage because of an emergency. The program can also fund the operating costs of evacuation, rescue operations, temporary public transportation service, or reestablishing, expanding, or relocating service before, during or after an emergency and is cost sharable with the CDAA.89
● FEMA Individual Assistance (IA): FEMA provides assistance to individuals and households through the Individual Assistance (IA) Program, which includes the following programs: Mass Care and Emergency Assistance; Individuals and Households Program (separated into Housing Assistance and Other Needs Assistance); Disaster Case Management; Crisis Counseling Assistance and Training Program; Disaster Legal Services; Disaster Unemployment Assistance; and Voluntary Agency Coordination. 86 https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/about 87 https://crsreports.congress.gov/product/pdf/IF/IF11600 88 https://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=96 89 https://www.transit.dot.gov/funding/grant-programs/emergency-relief-program Emergency Operations Plan – Base Plan
63 ● FEMA Public Assistance: FEMA’s PA grant program provides federal assistance to government organizations and certain private nonprofit organizations following a presidential disaster declaration.
Eligible projects include debris removal, life-saving emergency protective measures, the repair, replacement, or restoration of disaster-damaged publicly owned facilities, and the facilities of certain private nonprofit organizations. The PA program also encourages the protection of these damaged facilities from future events by providing financial assistance for hazard mitigation measures during the recovery process.90 The federal share of assistance is up to 75 percent of the eligible cost. In some cases, such as during the COVID-19 recovery process, the federal share may reimburse up to 100% of eligible costs.91
● Fire Management Assistance Grant (FMAG): The FEMA FMAG program provides supplemental federal assistance to states and affected local governments for the mitigation, management, and control of fires burning on publicly or privately owned forests or grassland. A local fire agency must request an FMAG through the Marin OA EOC to the Cal OES Fire and Rescue Branch or the California State Warning Center (CSWC) while the fire is burning uncontrolled. Cal OES coordinates with FEMA on an expedited basis and a funding decision is rendered in a matter of hours.92,93 ● Flood Mitigation Assistance (FMA): The FEMA FMA grant program provides funding for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program. Eligible applicants include states, local communities, federally recognized tribes, and U.S. territories.94
● Hazard Mitigation Grant Program (HMGP): The FEMA HMGP provides funding to eligible units of local government to support their efforts to rebuild following a disaster in a way that reduces future losses in their communities. Hazard mitigation includes long-term efforts to reduce risk and the potential impact of future disasters.95
● Small Business Administration (SBA) Disaster Loans: SBA provides low- or no-interest disaster loans to help businesses and homeowners recover from declared disasters. The SBA declaration process has a lower threshold than FEMA and will only assist those who do not meet FEMA requirements. ● U.S Department of Agriculture (USDA) Natural Resources Conservation Service (NCRS): USDA’s Natural Resources Conservation Service provides financial and technical assistance to local governments in response to imminent and ongoing threats to watersheds following an emergency. Upon request of the local government, NRCS provides funds and personnel to assess damages to watersheds and identify needed actions. The program is cost sharable with CDAA.96 90 https://www.fema.gov/assistance/public/program-overview 91 https://www.fema.gov/press-release/20210203/fema-statement-100-cost-share 92 https://www.fema.gov/assistance/public/fire-management-assistance 93 https://www.caloes.ca.gov/cal-oes-divisions/recovery/public-assistance/fire-management-assistance-grant 94 https://www.fema.gov/grants/mitigation/floods 95 https://www.fema.gov/grants/mitigation/hazard-mitigation 96 https://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/ Emergency Operations Plan – Base Plan
64 6.5. Zonehaven Map
City of San Rafael evacuation zones are donated with a “SNR-EXXX” label. The first two numbers indicate the fire station with first response to that area. For example, SNR-E551, Station 55 has first response.
Figure 7: Zonehaven Evacuation Map
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING
THE CITY OF SAN RAFAEL EMERGENCY OPERATIONS PLAN
WHEREAS, the City of San Rafael (“City”) recognizes a vast array of potential natural and human caused disasters pose a risk to the people and property within our community; and
WHEREAS, in the interest of public health, safety, and welfare the City develops training and plans to guide the protection of persons, property, and the environment in the event of a disaster; and
WHEREAS, the California Emergency Services Act requires cities to have an Emergency Operations Plan (EOP) to ensure effective and efficient operations in the event of emergency or disaster; and
WHEREAS, the Federal National Incident Management System (NIMS) and California’s Standardized Emergency Management System (SEMS) legislation require the creation, maintenance, training, and exercising of emergency response protocols by every local government; and
WHEREAS, the State Legislature has mandated that all such plans be written using the SEMS structure; and
WHEREAS, the City of San Rafael EOP describes how the City will manage and respond to major emergency incidents including implementation of an Incident Command System, the Standardized Emergency Management System, and the National Incident Management System; and
WHEREAS, the EOP is consistent with San Rafael's 2040 General Plan and implements Action S-6.1C recommending updating of the Emergency Operations Plan; and
WHEREAS, adoption by the City Council for the City of San Rafael, demonstrates the City’s commitment to fulfilling the goals and objectives outlined in the EOP; and
NOW, THEREFORE, BE IT RESOLVED, that the City of San Rafael adopts the City of San Rafael Emergency Operations Plan as an official guiding document for use during disasters and time of extreme peril; and
BE IT FURTHER RESOLVED, that the City of San Rafael will submit this resolution to the Marin County Office of Emergency Management.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday, October 2, 2023 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Lindsay Lara, City Clerk