San Rafael City Council
June 17, 2024

4.5.3 Member Cost of Living Rates .................................................................................................... 15

4.5.4 Service Credit for Sick Leave .................................................................................................... 15

4.5.5 Pension Committee ................................................................................................................... 15

4.6 State Disability Insurance (SDI) ................................................................................................. 15

4.7 Deferred Compensation ............................................................................................................. 16 5 Leaves ................................................................................................................................... 1717

5.1 Sick Leave ............................................................................................................................. 1717

5.1.1 Eligibility ................................................................................................................................. 1717

5.1.2 Sick Leave Accrual ................................................................................................................ 1717

5.1.3 Use of Sick Leave .................................................................................................................. 1717

5.1.4 Advance of Sick Leave .............................................................................................................. 17

5.1.5 Compensation for Unused Sick Leave ...................................................................................... 17

5.2 Vacation Leave ...................................................................................................................... 1818

5.2.1 Eligibility ................................................................................................................................. 1818

5.2.2 Rate of Accrual ...................................................................................................................... 1818

5.2.3 Administration of Vacation Leave .............................................................................................. 18

5.2.4 Vacation Cash-In ................................................................................................................... 1919

5.3 Holidays ................................................................................................................................. 1919

5.3.1 Paid Holidays ......................................................................................................................... 1919

5.4 Other Leaves ............................................................................................................................. 19

5.4.1 Bereavement Leave ................................................................................................................... 19

5.4.2 Jury Duty ................................................................................................................................ 2020

5.4.3 Military Leave ......................................................................................................................... 2020 WCE MOU 20241 - 20274 vi

5.4.4 Leave of Absence Without Pay ............................................................................................. 2020

5.4.5 Industrial Injury Leave ............................................................................................................ 2020

5.4.6 Family Medical Leave ............................................................................................................ 2121

5.4.7 Catastrophic Leave ................................................................................................................ 2121 6 Terms & Conditions of Employment ...................................................................................... 2321

6.1 hours of work ......................................................................................................................... 2321

6.2 Overtime ................................................................................................................................ 2321

6.3 Compensatory Time Policy .................................................................................................... 2421

6.3.1 Accrual Limit .......................................................................................................................... 2421

6.3.2 Overtime Rate ........................................................................................................................ 2422

6.4 Stand By or Call Back Duty ................................................................................................... 2422

6.4.1 Compensation When Not Assigned to Call Back Duty .......................................................... 2422

6.5 Probationary Period ............................................................................................................... 2422

6.5.1 Purpose of Probation ............................................................................................................. 2422

6.5.2 Probationary Period ............................................................................................................... 2422

6.5.3 Rejection During Probation .................................................................................................... 2422

6.5.4 Notification of Rejection ......................................................................................................... 2422

6.5.5 Extension of Probationary Period .......................................................................................... 2422

6.5.6 Regular Status ....................................................................................................................... 2422

6.5.7 Promotion of Probationary Employee .................................................................................... 2522

6.5.8 Unsuccessful Passage of Promotional Probation.................................................................. 2523

6.5.9 Lateral Transfer Probation ..................................................................................................... 2523

6.6 Transfers / Reassignments .................................................................................................... 2523

6.6.1 Minimum Qualifications & Probation ...................................................................................... 2523

6.6.2 Transfer Procedures .............................................................................................................. 2523

6.7 Personnel Rules & Regulations ............................................................................................. 2624

6.7.1 Drug & Alcohol Policy ............................................................................................................ 2624

6.7.2 Confidential Nature of Personnel Records ............................................................................ 2624

6.7.3 Confidential Nature of Medical Records ................................................................................ 2624

6.7.4 Outside Employment Policy ................................................................................................... 2624

6.7.5 Use of City Vehicle ................................................................................................................ 2624

6.7.6 Safety Policy .......................................................................................................................... 2624

6.8 Miscellaneous ........................................................................................................................ 2624

6.8.1 Gratuities/Solicitation of Contributions ................................................................................... 2624

6.8.2 Return of City Equipment ....................................................................................................... 2724

6.8.3 Political Activity ...................................................................................................................... 2724

6.8.4 Employment of Relatives ....................................................................................................... 2725

6.8.5 Labor / Management Meetings .............................................................................................. 2725

6.8.6 Contract Orientation Work Sessions ..................................................................................... 2725

6.8.7 Gym Reimbursement ............................................................................................................. 2725 7 Procedures............................................................................................................................. 2725

7.1 Demotion & Suspension ........................................................................................................ 2725

7.1.1 Demotion................................................................................................................................ 2725

7.1.2 Suspension ............................................................................................................................ 2825

7.2 Termination of Employment ................................................................................................... 2826

7.2.1 Resignation ............................................................................................................................ 2826

7.2.2 Termination - Layoff (Lack of work or funds) ......................................................................... 2826

7.2.3 Termination - Disciplinary Action ........................................................................................... 2826

7.2.4 Retirement ............................................................................................................................. 2826

7.2.5 Rejection During Probation .................................................................................................... 2826

7.3 Disciplinary Action ................................................................................................................. 2826

7.3.1 Right to Discipline & Discharge ............................................................................................. 2826

7.3.2 Preliminary Notice .................................................................................................................. 2927

7.3.3 Disciplinary Action and Appeal .............................................................................................. 2927

7.3.4 Harassment Policy ................................................................................................................. 3027

7.4 Grievance Procedure ............................................................................................................. 3028 WCE MOU 20241 - 20274 vii

7.4.1 Definition ................................................................................................................................ 3028

7.4.2 Procedure .............................................................................................................................. 3028

7.4.3 Arbitration............................................................................................................................... 3129

7.4.4 General Provisions ................................................................................................................ 3129

7.5 Position Reclassification ........................................................................................................ 3230

7.6 Furlough Program .................................................................................................................. 3230

7.6.1 Voluntary Time Off (VTO) ...................................................................................................... 3230

7.6.2 Mandatory Time Off (MTO) .................................................................................................... 3230

7.7 Reduction in Force ................................................................................................................. 3331

7.7.1 Authority ................................................................................................................................. 3331

7.7.2 Notice ..................................................................................................................................... 3331

7.7.3 Order of Layoff ....................................................................................................................... 3331

7.7.4 Seniority ................................................................................................................................. 3331

7.7.5 Bumping Rights ..................................................................................................................... 3432

7.7.6 Transfer Rights ...................................................................................................................... 3432

7.8 Re-Employment ..................................................................................................................... 3432

7.8.1 General Guidelines ................................................................................................................ 3432

7.8.2 Right to Re-Employment ........................................................................................................ 3432

7.8.3 Time Limits............................................................................................................................. 3432

7.8.4 Availability .............................................................................................................................. 3432

7.8.5 Probationary Status ............................................................................................................... 3532

7.8.6 Restoration of Benefits .......................................................................................................... 3533

7.8.7 Layoff Procedure Notification................................................................................................. 3533

LIST OF EXHIBITS
Exhibit A Salary Schedules for July 1, 20241 – June 30, 20274 Exhibit B Classification/Compensation Summary: Benchmark Linkages

WCE MOU 20241 - 20274 1

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

WESTERN COUNCIL OF ENGINEERS
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California.

The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 20241 and ending June 30, 20274. 1 GENERAL PROVISIONS

1.1 INTRODUCTION

1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein-after called "CITY") and the Engineering Unit employees as represented by the Western Council of Engineers (herein-after called "WCE") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein.

1.1.2 Term of MOU
This agreement shall be in effect from July 1, 20241 through June 30, 20274.

1.2 RECOGNITION

1.2.1 Bargaining Unit
The City hereby recognizes the Western Council of Engineers as the bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the WCE. (As referenced in Exhibit "A" and “B” attached).

1.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, the City shall notify such person that the Western Council of Engineers is the recognized bargaining representative for employees in that classification.

1.3 NON-DISCRIMINATION

1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, marital status, medical condition or disability. Any employee alleging such discrimination should use the internal administrative process explained in the City Policy against WCE MOU 20241 - 20274 2
Harassment, Discrimination and Retaliation which is available on the City’s Intranet website to redress the situation. Such employees shall be entitled to WCE representation but are not entitled to seek redress using the grievance procedure of this MOU.

1.3.2 Union Discrimination
No member, official, or representative of the WCE shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of WCE.

1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the WCE agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request.

1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, and ordinances, regulations, and policies of the City of San Rafael.

1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the WCE agrees that it will not agree to, encourage or approve any strike, sympathy strike or slowdown growing out of any dispute relating to the terms of this Agreement. The WCE will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time.

1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet-and-confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section.

1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding shall remain in full force and effect throughout the term of this Agreement.

1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER

1.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding set forth the full and entire understanding of the parties regarding the matters set forth herein.

1.9.2 Waiver & Modification
Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be WCE MOU 20241 - 20274 3
required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum.

The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring by mutual agreement.
2 MMBA

2.1 UNION RIGHTS

2.1.1 Union Stewards Designation
The WCE shall, by written notice to the City Manager, designate certain no more than two (2) of its members as WCE Officers. WCE Officers shall be permitted reasonable time for WCE activities including grievance representation. In all cases, the Officers shall secure permission from the Officer’s supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld.

WCE Officers for salary discussions shall be in accordance with the Meyers-Milias-Brown (MMB) Act.

2.1.2 Bulletin Boards
Authorized representatives of the WCE shall be allowed to post WCE notices on specified bulletin boards maintained on City premises.

2.1.3 Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will inform the employee, as soon as possible, of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available up to two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. In addition, the City will also provide reasonable advance notice to the Association of all employee orientations conducted by the City for its members.

2.1.4 Employee Information
The City shall provide the Association with the name, job title, department, work location, work, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each Association new hire will be provided to the Association within 30 days of the hire date.

2.2 DUES DEDUCTION

2.2.1 Collection of Dues
The City agrees to deduct dues and voluntary WCE deductions selected by members as established by the WCE, from the salaries of its members. The sums so withheld shall be remitted by the City, without delay, along with a list of employees and their respective dues and voluntary deductions. The WCE bears responsibility for allocating dues and voluntary deductions pursuant to employees’ requests.

WCE MOU 20241 - 20274 4

2.2.2 Dues Collection during Separation from Employment The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from the WCE by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the WCE. The term separation includes transfer out of the WCE, layoff, and leave without pay absences with a duration of more than five (5) working days.

2.2.3 Agency Shop
The parties hereto recognize that, within the Agency shop provisions of this agreement, WCE employees may opt to join the WCE or register as a fee payer during the first thirty (30) days of their employment. Neither the City nor the WCE will discriminate against any employee because of the exercise of their statutory rights. The WCE agrees to its obligation to represent all of the employees in the unit fairly and equally, without regard to their membership in the WCE.

All employees, as a condition of employment, either be required to belong to the WCE or to pay to the WCE an amount equal to a fair share percentage of that which would be paid by an employee who decides to become a member of the WCE at the time of employment. Note:

The WCE is obligated to annually inform the City of the fair share amount.

The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fees check off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over WCE dues.

The WCE shall notify the City in writing as to the amount of such dues uniformly required of all members of the WCE.

2.2.4 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the WCE at the address specified. The WCE shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the WCE shall refund to the City any amount paid to it in error upon presentation of supporting evidence.

2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:

1. To manage the City generally and to determine the issues of policy;

2. To determine the existence of facts which are the basis of the management decision;

3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services;

4. To determine the nature, manner, means, technology and extent of services to be provided to the public;
WCE MOU 20241 - 20274 5

5. Methods of financing;

6. Types of equipment or technology to be used;

7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted;

8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (after effects bargaining) to contract for or subcontract any work or operation of the City;

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;

10. To relieve employees from duties for lack of work or other legitimate reasons;

11. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this MOU;

12. To determine job classifications and to reclassify employees;

13. To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations;

14. To determine policies, procedures and standards for selection, training and promotion of employees;

15. To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith;

16. To maintain order and efficiency in its facilities and operations;

17. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement;

18. To take any and all necessary action to carry out the mission of the City in emergencies.

The City and the Union agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights.

2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the Union through the submittal of potential meeting dates.
3 COMPENSATION

3.1 GENERAL WAGES AND COMPENSATION

3.1.1 Pay Dates
City employees are paid twice per month on the 15th and the last working day of the month.

When a holiday falls on a payday, the payday will be transferred to the following day of regular WCE MOU 20241 - 20274 6
business unless Finance is able to complete the payroll by the previous workday. The method of the distributing payroll shall be established by the Director of Finance. The City will modify its pay schedule to 26 pay periods effective when administratively feasible subject to addressing of technical issues and reaching of agreement with all bargaining groups.

3.1.2 General Wage Increase
Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension, which was implemented for FY 20/21.

The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to all WCE positions and is reflected in the attached revised salary schedules, effective on July 1, 2021.

The City shall provide the following salary increases for the listed positions in each year of the MOU, with Year 1 salary increases to become effective July 1, 20212024; or, on the first pay period after Council’s approval – whichever occurs later in time.

Junior Engineer:
 1.63.0% general salary increase plus 0.93.5% equity adjustment in Year 1 (26.50% total)  1.63.0% general salary increase plus 2.403.5% equity adjustment in Year 2 (4.006.5% total)
 1.63.0% general salary increase plus 1.653.5% equity adjustment in Year 3 (3.256.5% total)
Assistant Engineer, Associate Civil Engineer, Senior Civil Engineer (PW), Traffic Engineer, Engineering Technician I/II, Senior Civil Engineer (PW), Traffic Engineer and Traffic Engineering Technician I/II:
 1.63.0% general salary increase plus 0.652.5% equity adjustment in Year 1 (2.255.5% total)
 1.63.0% general salary increase plus 2.152.5% equity adjustment in Year 2 (3.755.5% total)
 1.63.0% general salary increase plus 1.402.5% equity adjustment in Year 3 (3.005.5% total)
Salary rates for all bargaining unit positions are shown in the salary table attached as Exhibit A.

3.1.3 One-Time Payments
Effective the pay period including July 1, 2021 or the first full pay period following Council ratification of a new MOU, whichever occurs later, each employee in the bargaining unit will receive a one-time payment of $2,250 in exchange for the elimination of the Revenue Sharing provision from the MOU. This payment will not contribute to Classic or PEPRA employees’ pensions and is subject to normal payroll taxation.

3.1.43.1.3 Compensation Goal & Definitions
It is the goal of the City Council to try to achieve a total compensation package for all employees represented by the WCE in an amount equal to the following:

WCE MOU 20241 - 20274 7

1. The average plus one dollar to the total compensation paid to the same or similar classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro, Alameda, Napa, Novato, Santa Rosa and,

2. The highest total compensation paid to the same or similar classifications in the following agencies in Marin County: Marin County, Novato and the Jr. Engineering class for the Marin Municipal Water District.

Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.

The CPI shall be the percentage change in the San Francisco-Oakland-San Jose Area All Urban Consumer index as published by the Bureau of Labor Statistics for the one-year period ending each October during the term of the contract.

3.1.53.1.4 Compensation Surveys
To measure progress towards the above-stated goal, the City and WCE will jointly survey the identified benchmark position, Junior Engineer, in February of the final year of the contract.

Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements.

Survey data will include all salary and benefit increases, as defined in 'total compensation'. The City and the WCE shall review the benchmark and related survey data for accuracy and completeness.

3.1.63.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees.

Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect.

All initial employments shall be at the first step of the salary range. The City Manager or his/hertheir designee may authorize, upon the recommendation of the Appointing Authority, a position at an appropriate higher salary when, in his/hertheir opinion, it is necessary to obtain qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step.

3.1.73.1.6 Fair Labor Standards Act
The City may reopen negotiations during the term of this Agreement to address changes in the law governing the regular rate of pay under the FLSA.

3.2 STEP INCREASES
WCE MOU 20241 - 20274 8

3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department Director may make an appointment to a position at an appropriate higher salary when, in his/hertheir opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. City Manager approval is required for entry level appointment above Step C for any position.

3.2.2 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval established in the salary plan, as referenced in Exhibit "A". Unless otherwise noted, salary step increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/hertheir duties.

3.2.3 Merit Increases
Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Director and approved by the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable.

3.2.4 Anniversary Date
Based upon job performance as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date.

When an employee is promoted or reclassified to a new position, the first pay date at the new position shall constitute the employee’s new anniversary date for purposes of the annual Performance Evaluation.

3.2.5 Promotions
Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range).

3.2.6 Performance Evaluations
Prior to the completion of the probationary period, a minimum of one performance evaluation report shall be reviewed with the employee, but such report and review shall not be required prior to separating an employee during the probationary period.

Upon completion of the probationary period, a performance report shall be prepared and reviewed yearly thereafter for each employee in the Classified Service, as a means of determining whether in-grade salary increases are merited, and/or as a means of improving employee performance and communication between supervisors and subordinates.

3.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified, the incumbent shall be affected as outlined below:

3.3.1 To a Lower Classification
When a position is re-allocated to a lower classification the incumbent is either:

1. Transferred to a vacant position in the former classification; or WCE MOU 20241 - 20274 9

2. If the incumbent's current salary is greater than the top step of the lower classification, Yrated at the current salary until the salary of the lower classification is at or above the Yrate.

3.3.2 To a Different Classification with the Same Salary Range When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/shethey shall be paid at the same step of the range and shall maintain the same salary rights.

3.3.3 To a Higher Classification
When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate salary pay plan.

If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion.

3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS

3.4.1 Out of Class Compensation
Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility for Out-of-Class compensation requires a minimum assignment of five (5) consecutive workdays. The out-of-class increase shall be retroactive to the first day of the assignment. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater.

The Department Director is required to complete a Personnel Action Report (PAR), located on the Human Resources page of the Intranet, to initiate Out-of-Class Compensation.

3.4.2 Shift Differential Pay
 A three percent (3%) shift differential shall be paid for all employees in these represented bargaining groups who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m.  A five percent (5%) shift differential shall be paid for all employees in these represented bargaining groups who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 11:00 p.m. and 7:00 a.m.  Employees in job classes not identified in this section who are assigned to work the swing or graveyard shift time periods on a temporary basis and/or on an overtime basis are excluded from shift differential pay for those time periods.  Shift differential shall not be considered an additional percentage on salary for personnel involved but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts.

3.5 ADDITIONAL PAY
WCE MOU 20241 - 20274 10

3.5.1 Required Professional Licenses and Registration
The City shall continue to reimburse employees for the fee charged by the State of California for any renewal fees for their professional registration(s) as a Civil or Traffic Engineer, or for any other engineering registrations which employees may hereafter receive, which are required by the employee’s position. Verification of the renewal of the professional registration is required in order to receive the reimbursement.

3.5.2 Professional Development
For each year of this MOU, each employee shall receive reimbursement up to a maximum of five hundredone thousand dollars ($5001,000.00) for professional development. The monies allocated under this section shall be job-related and/or related to an employee’s potential career advancement in his/hertheir field. It is agreed that the Professional Development Expenditure is not a substitute for the Public Works’ Department’s training budget.

Bargaining Unit Members are eligible for up to two (2) working days per fiscal year to further their professional development that is directly relevant to their employment with the City.

Employees must submit requests for the time out of the office at least three (3) weeks in advance and obtain supervisor and/or director approval. Should the request be denied, the employee may submit the request in advance to Human Resources for appeal, whose decision will be final. These two (2) days are intended to be used when an employee wants to pay for their own professional development opportunity. Professional development opportunities that the department agrees to sponsor will be considered separate from these two (2) days out of the office and will be designated as working time and will not be counted against the two additional working days described above in this section.

3.5.3 Allowable Expenses
Reimbursement under this Section is intended to include items which relate to an employee’s job classification and/or which promote and enhance an employee’s development of skills, expertise and education in her/histheir profession. The items may include, but are not limited to the following:
 Technical and educational books, including electronic books, publications and coursework;
 Subscriptions to professional journals or magazines, including on-line subscriptions;  Membership dues to professional organizations which are related to current employment, including but not limited to the American Society of Civil Engineers, traffic engineering associations and water engineering issues-related associations;  Registration, application, or examination fees for registration or certification within his/hertheir profession, as well as for preparatory courses or materials for such a registration exam;
 Tuition, fees and books for successful completion of courses related to an employee’s job or professional development including webinars and on-line courses. If the course is graded, reimbursement will be dependent upon at least a passing grade (C or better, Pass or Complete) in the course;
Registration fees, materials and expenses, including travel expenses, related to attendance at seminars and conferences to be job related and/or will assist the employee to prepare for career advancement, prior supervisor approval is necessary for this expense.

3.5.4 Procedures for Reimbursement
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All receipts for reimbursement, whatever the aggregate value, must be submitted as soon as possible after the expense is incurred, but must, in any event, be submitted before the end of the fiscal year.

The decision as to whether expenditures under this section are eligible for reimbursement under this section will be made by the Department Director or designee, in consultation with the Human Resources Director. Requests for reimbursements will not be unreasonably denied. If the request for reimbursement is denied, the Department Director or designee must state, in writing, the reasons for the denial. The employee and a representative of WCE, if requested by the employee, shall meet with the Department Director or designee and Human Resources Director to discuss the reasons for the denial, and the employee will have an opportunity to state why such reimbursement is appropriate.

3.5.5 Bilingual Pay
Within the job classifications represented by the WCE, provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language.

Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material.

An employee can petition to his/hertheir Department Director for this bilingual pay incentive.

With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager the employee may begin to receive this bilingual pay incentive.

Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments.

An employee approved for the bilingual pay incentive shall receive an additional $150.00 per month above their base salary. Part-time employees will be pro-rated for this incentive based on their FTE.

Employees who have been approved for the bilingual pay incentive and are required in the performance of their duties to converse with the public in a language other than English shall receive an additional $200.00 per month above their base salary.

Employees who also translate official written documents to or from a language other than English shall receive an additional $50.00 for a total of $250.00 per month above their base salary.

This bilingual pay incentive shall be reviewed annually and shall continue as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments.

Removal of the bilingual pay incentive would be considered a non-disciplinary action and as such would not be subject to any appeal/grievance procedure.

3.5.6 Uniform Allowance
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The safety shoe allowance of $170.00/year will be discontinued and the $170.00/year will be added to base pay effective July 2014.
4 BENEFITS

4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, SEIU-Childcare, Western Council of Engineers, Local 1 - Confidential, Police, Police Mid-Management, Fire, Fire Mid-Management, Mid-Management Employees Association and Management Executive employees.

4.2 HEALTH & WELFARE

4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the plan.

Effective July 1, 2024, the monthly flex dollar allowance shall be:

For employee only: $ 909.25
For employee and one dependent: $1,826.94
For employee and two or more dependents: $1,982.82
The monthly flex dollar allowance effective the paycheck of December 15, 2020 2024 shall be:

For employee only: $ 835.94950.00
For employee and one dependent: $1,671.911,900.00
For employee and two or more dependents: $1,814.572,400.00 Flex Dollar Increases for this MOU Term
Effective December 15, 2025, and December 15, 2026, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the increase between 10-15%. In the unlikely event that the Kaiser Bay Area premium rate increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen percent (15%), the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. The parties agree that this provision will sunset upon the expiration of the MOU.

The “employee only” allowance will be frozen at $835.94. This amount is ineligible for the following flex dollar increase until this amount is less than 100% of the Kaiser premium. Upon expiration of the MOU, Flex the flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

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The City shall contribute to the cost of medical coverage for each eligible employee and his/hertheir dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income.

Conditional Opt-Out Arrangement: An employee may elect to waive the City’s health insurance coverage and receive a $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Coverage Plan. 3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance.

The City shall be responsible for paying premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit.

The City shall be responsible for paying premiums for a Long-Term Disability Policy for each employee that satisfies the eligibility provisions of the long-term disability policy. The Long-Term Disability policy shall provide for salary replacement of 66.67% of an individual’s salary up to a maximum disability benefit of $1,000 per month.

4.2.2 Retirees Health Insurance
Employees represented by WCE who retire from the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s retiree group health insurance program offered through PEMHCA. The City’s contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. a. Employees hired on or before January 1, 2010 - The City shall make a retiree health insurance payment on behalf of employees hired before January 1, 2010 and who retire from the City of San Rafael as described in this Section. The City’s total payment, which includes the PEMHCA minimum contribution, shall not exceed $752 per month. The City’s retiree health contribution shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage.

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Employees receive the pro-rated amount based on their status at the time of retirement. For example: if an employee works part-time, and retires while working part-time, then the employee receives a pro-rated contribution based on the employee’s part-time status at the point of retirement.
b. Employees hired on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City’s group health insurance program. The City’s maximum contribution towards retiree coverage under this subsection,

4.2.3 B, shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner, or dependents upon the employee’s retirement from the City in excess of the PEMHCA minimum contribution as required by CalPERS.

The City shall additionally make available a retiree health care trust to enable these employees (hired after January 1, 2010) to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 125 hours of sick leave after the conversion.

4.2.3 Pro Rata Benefit Rules
Employees covered by this Agreement who work less than full time but more than twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro-rated leave benefits; b) a pro-rated share of the monthly dollar contribution made by the City to be used for enrollment in City offered group health, life, and long term disability insurance plans which the employee may be eligible for based upon the regular hours the employee works, and c) pro-rated share shall be equivalent to the part time employee position’s ratio of hours worked to full time equivalency.

4.2.4 Health and Dependent Care Spending Accounts
The City will offer as part of its Section 125 Plan, for as long as such a plan is desired by the WCE and available pursuant to the IRS Code, Health and Dependent Care Spending Accounts.

The Flexible Spending Accounts offered by the City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2003 at IRS Code limit, not to exceed $2,500. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator.
b. Dependent Care Spending Account: Dependent care expenses that qualify under the IRS Code at the IRS Code limit (currently $5,000 per calendar year). Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator.
c. Premium Only Plan: Excess Medical premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code.

The City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in a. and/or b. The City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process.

4.2.5 Health Insurance Providers
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The City shall have the option, after meeting and consulting with WCE representatives, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program.

4.3 DENTAL PLAN

4.3.1 Dental Plan
The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per patient per calendar year and orthodontic coverage for eligible dependents (50/50). The dental provider will provide payments for covered services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each enrollee in each calendar year.

Dental insurance enrollment is available to part time, regular, permanent employees working at least 20 hours per week. The City’s contribution towards the monthly dental insurance premium will be prorated based on the FTE level of the part time employee.

4.4 VISION PLAN
The City will contract for a vision plan for employee only vision benefits. Employees will be eligible to enroll qualified family members and will pay the premium costs for such enrollment.

4.5 RETIREMENT CONTRIBUTION

4.5.1 Member Contribution
WCE members shall pay the full share of the employee's contribution to the Marin County Retirement System.

Effective when feasible in accordance with MCERA and City administrative requirements, all unit employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA.

The City of San Rafael acknowledges that, under its current practice, the employee’s share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change.

4.5.2 Retirement Plans
On July 1, 2004, the City provided the Marin County Employee Retirement Association 2.7% at 55-retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an employee’s single highest year of compensation.

Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum retirement age is 55.

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Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or hertheir retirement or some other period designated by the retiring employee.

4.5.3 Member Cost of Living Rates
Association members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act).

4.5.4 Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation at the time of retirement pursuant to Section 5.1.5. Compensation for Unused Sick Leave).

Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of any accrued, unused sick leave for retirement purposes.

4.5.5 Pension Committee
A representative of the Union will participate in the City-wide pension committee.

4.6 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI or PFL coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan.

It is incumbent upon the employee to keep the City advised of their medical status, within HIPAA guidelines, and eligibility for SDI or PFL. With this notification, SDI or PFL benefits, as determined by the State, shall be integrated with accrued sick and vacation leave in the following manner:

1. Employee notifies supervisor of disability and need for time off. At the same time, employee files for SDI or PFL through the State Office.

2. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period.

3. Personnel Action Report (PAR) is completed by the supervisor to document request and approval of extended leave.

4. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to discuss availability of coordination of SDI or PFL with leave benefits.

5. Once the employee begins receiving SDI or PFL compensation, the City will begin its integration. The City will do this by reducing the amount of SDI or PFL compensation from the employee’s normal compensation. The balance will be paid WCE MOU 20241 - 20274 17
using available sick hours. If an employee exhausts sick leave, the balance will be paid using vacation or other accrued leave.

6. When an employee receives the first SDI or PFL payment (issued via an EDD debit card) and statement, the employee must provide a copy of the statement and a personal check to the City for the amount of the SDI or PFL payment that is received.

The City will then restore the sick or other accrued leave hours reflected in the SDI or PFL payment. To determine the leave hours to be restored, the City will divide the SDI or PFL payment by the employee’s hourly rate.

7. Once the City has determined the amount of the ongoing SDI or PFL payment, the City will automatically reduce the employee’s compensation by the amount of the state payment and apply the necessary amount of sick leave or other accrued leave as appropriate to equal full pay for the duration of the leave. The employee’s combined compensation from SDI or PFL and accrued leave may not exceed 100% of regular pay.

8. The Human Resources Department, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Excluding qualifying FMLA/CFRA leave, once the employee is on LWOP they will keep any SDI payments received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an exception and are referenced under Section 5.4.6.

4.7 DEFERRED COMPENSATION
Effective simultaneously with the above-described increase in employee contribution by one percent (1%) to be contributed toward the normal cost of pension benefits provided by MCERA as described in Article 4.4.1, the City will contribute one percent (1%) of pensionable compensation toward a City-provided, deferred compensation plan. 5 LEAVES

5.1 SICK LEAVE

5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Director according to department Rules and Regulations at the beginning of his/hertheir daily duties. The City has the right to request a medical verification from an employee who is absent from his/hertheir duties for two (2) or more consecutive workdays. The verification shall be either a physician's certificate or the employee's personal affidavit verifying the employee’s eligibility for sick leave.

5.1.2 Sick Leave Accrual
All eligible full-time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount, but a cap exists for payoff purposes (see Section 5.1.5.). The sick leave accrual rate is prorated for eligible part time employees.

5.1.3 Use of Sick Leave
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An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons:
1) Personal illness or physical incapacity of the employee or illness within the immediate family. Family is defined as an employee’s spouse, registered domestic partner, parent, parent-in-law, grandparent, grandchild, sibling or unmarried children including adopted children, stepchildren, or recognized natural children who live with the employee in a regular parent-child relationship.;
2) Enforced quarantine of the employee in accordance with community health regulations; 3) Medical appointments that cannot be scheduled during non-working hours.

5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un-accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un-accrued leave.

5.1.5 Compensation for Unused Sick Leave
Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing shall receive compensation for all accumulated unused sick leave based upon the following formula: a rate of three percent (3%) for each year of service (i.e., 3% times number of employment service years). The maximum number of accumulated, unused sick leave an employee may be compensated for upon termination of employment is 600 hours. See Section 4.5.4 regarding Service Credit option for accumulated, unused sick leave that the employee is not compensated for upon termination.

5.2 VACATION LEAVE

5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the Department Director.

5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service. (Each service year in the chart begins on the first working day and ends on the last days of the service year.)
Service Year Annual Hours Hours/Month
1-3 75.000 6.2500
4 112.500 9.3700
5 117.867 9.8222
6 123.234 10.2695
7 128.601 10.7167
8 133.968 11.1640
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9 139.335 11.6110
10 144.702 12.0580
11 150.000 12.5000
12 157.500 13.1250
13 165.000 13.7500
14 172.500 14.3750
15 180.000 15.0000
16+ 187.500 15.6250
When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period.

5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance vacation credits to any permanent regular and permanent part-time employee.

No employee may accrue more than 250 hours. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit.

The time at which an employee may use his/hertheir accrued vacation leave and the amount to be taken at any one time, shall be determined by employee’s Department Director with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee.

The maximum amount of vacation leave that may be taken at any given time shall be that amount that has accrued to the employee concerned, subject to the Department Director’s approval. The minimum amount of vacation that may be taken at any given time shall be onehalf (1/2) hour. Vacation leave granted by the City and used by an employee shall be deducted from the employee’s vacation leave bank.

In the event that one or more City holidays falls within an annual vacation leave, only those hours that the employee is regularly scheduled to work shall be charged against any employee’s accrued vacation.

Upon termination, an employee shall be compensated in cash at his/hertheir current rate of pay for any vacation accrued but not taken, up to the maximum accrual cap, provided that the employee has successfully completed his/hertheir initial probationary period.

5.2.4 Vacation Cash-In
An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months may request, in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.

5.3 HOLIDAYS

5.3.1 Paid Holidays
In order to be eligible for compensation for the paid holiday, the employee must both be in paid status on the day before the holiday and on the day after the holiday.

All employees who are required to work on a day designated as an authorized holidayeligible for compensation on the paid holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked.

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When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.

The following holidays will be observed:

January 1st New Year’s Day
The third Monday in January Martin Luther King Jr. Day
The third Monday in February Washington’s Birthday/President’s Day March 31st Cesar Chavez Day
The last Monday in May Memorial Day
June 19th Juneteenth
July 4th Independence Day
The first Monday in September Labor Day
November 11th Veteran’s Day
The fourth Thursday in November Thanksgiving Day
The fourth Friday in NovemberThe
Friday after the fourth Thursday in
November
Day after Thanksgiving
December 25th Christmas Day
In addition to designated holidays, employees in this Unit receive onetwo (12) floating holidays provided in January of each year. Floating holidays not used by the end of the calendar year are added to the employee's vacation balance. Part-time employees will be paid for holidays on a pro-rated basis.

5.4 OTHER LEAVES

5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent, sibling, parents in-laws, grandchild, grandparent relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to five (5) days may be granted for paid bereavement leave. All bereavement leave must be exhausted within 3 months of the date of death of the family member and may be taken intermittently.

In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Department Director as part of the request for bereavement leave.

Unit members may make a request to the Human Resources Director, or their designee, to use bereavement leave for a relative other than those listed above.

The above bereavement clause shall also apply in the event of a reproductive loss for an employee. The City agrees to maintain employee confidentiality related to the reproductive loss leave.

5.4.2 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty.

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5.4.3 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the Department Director an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

5.4.4 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay.

5.4.5 Industrial Injury Leave
For benefits under Workers’ Compensation, an employee should report any on the job injury to his/hertheir supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources’ Department coordinates benefits for Workers’ Compensation claims. For further information, see the City’s Workers’ Compensation policy located on the Intranet (https://intranet.cityofsanrafael.org).

All regular, full time employees of the City who have suffered any disability arising out of and in the course of their employment as defined by the Workers’ Compensation Insurance and Safety Act of the State of California, may be entitled to compensation, as follows:

Temporary disability payments (TD) are made when a physician reports an employee is unable to perform their job duties and the City cannot accommodate any restrictions. The employee is not entitled to TD for the first 3 days of disability unless the employee is hospitalized as an inpatient, or off for more than 14 days. In this case, the employee shall be entitled to remain absent from duty with pay for these first 3 days. TD is set by State law and is based on potential wages lost (full or partial) due to the injury. It is approximately two-thirds of full salary with statemandated minimums and maximums. The City, however, augments regular employees’ disability payments to bring them to full salary for the first three (3) calendar months and to ¾ pay for the next 6 months. Compensation leave payments shall not exceed the employee's regular full pay for the first three (3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months.

All other employees shall be entitled to such compensation as may be allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California.

Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to employees who have an accepted industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined:
 The employee has reached maximum medical improvement and/or has been determined “permanent and stationary.”
 The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation.

Given the above has occurred, next steps would include:
 The interactive process; attempt to locate other appropriate employment within the City  If none available, proceed with termination process, including disability retirement application and/or Skelly process, if appropriate.

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5.4.6 Family Medical Leave
Union members agree to adhere to the provisions of the City’s Family Medical Leave Policy which is available on the City’s Intranet Website.

5.4.7 Catastrophic Leave
Catastrophic leave shall be in accordance with City Catastrophic Leave Policy which is available on the City’s Intranet website.

5.4.8 Paid Parental Leave
Eligibility:

Effective July 1, 2024, any full time, regular or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:

1. Birth of a child of the employee, the employee’s spouse, or the employee’s registered domestic partner.

2. Placement of a child with the employee for adoption.

For the purposes of PPL, the definition of “parent” and “child” are as defined by the California Family Rights Act.

Benefit and Use:

1. Eligible employees shall be granted 300 PPL hours to use within 12 months of the qualifying event for the purposes of disability due to pregnancy and/or baby bonding. Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.

2. PPL is based on a 12-month rolling calendar. No more than 300 PPL hours may be used in any 12- month period. PPL may not be used or extended beyond the 12-month time frame and any accrued and unused PPL will be forfeited at the end of the 12-month period for the qualifying event.

3. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused PPL for which they were eligible.

4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

5. PPL shall be used in a block of continuous time or on an intermittent or reduced schedule.

Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

6. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is WCE MOU 20241 - 20274 23
not required to further reduce their balance once they have reached the initial threshold of 40 hours or less.

8. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.5.5 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave.

Coordination of Benefits & Leaves:
• PPL taken under this policy will run concurrently with leave under the FMLA, CFRA, and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less. • PPL will be fully integrated with any short-term disability or California Paid Family Leave program but shall not exceed one hundred percent (100%) of the employee’s normal gross salary rate.
• The use of Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce available hours under the PPL leave entitlement.
• For time covered by FMLA/CFRA job protected leave for baby bonding purposes, PPL must be used prior to other accrued leave or unpaid leave except as discussed in number 7 above.
• If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA protected PPL is subject to department approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL except as described in paragraph 7 above.

5.4.9 End of Life Care Leave
Eligibility:

Effective July 1, 2024, any full time, regular or probationary employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for End of Life Care leave to provide end of life care for an immediate family member, which shall include an employee’s spouse, registered domestic partner, child, parent, sibling, parent, parent in-law(s), grandparent, or grandchild.

End of Life care may be used to provide support, assistance and care to an immediate family member, as defined above, who is receiving end of life services through hospice or a medical facility.

Benefit and Use:

1. Eligible employees shall receive 80 hours of End of Life Care leave to be used during their employment with the City for use to support an immediate family member near the end of life, as described above.

2. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused End of Life Care leave for which they were eligible. Further, if an employee leaves City employment and returns to City service later in their career, the employee shall receive any unused hours from their previous employment with the City but shall not be granted any additional hours of for End of Life Care Leave.

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3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons cannot use PPL except as described in paragraph 5 above.

1.7. Use of this leave constitutes a “compelling personal situation during which time the employee was unable to work” under Article 6.5.5 of this MOU and the probationary period for any probationary employee who uses this leave shall be extended for the length of time the employee was off work using this leave. 6 TERMS & CONDITIONS OF EMPLOYMENT

6.1 HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5 hours per day.

6.2 OVERTIME
Overtime shall mean actual time authorized and worked beyond thirty-seven and one-half (37.5) hours in a regular work week. A work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is compensable to the nearest half-hour, and must have prior authorization and approval of the Department Director.

Each Department Director shall have the authority to designate certain job classifications for mandatory overtime in emergencies. In the event the Department Director determines that there is a staffing need during an emergency, the Department Director shall first make a reasonable effort to seek qualified volunteers to work overtime during the emergency. If the Department Director determines that there are an insufficient number of volunteers, or if time constraints prevent the soliciting of volunteers, the Department Director may order employees in the designated classifications (may vary depending on the emergency but primarily relates to job classifications in the Street Division of Public Works) to report to work in overtime status to address the emergency.

6.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules:

6.3.1 Accrual Limit
Employees may accrue up to 125 hours of compensatory time after which said employee must accept overtime pay in lieu of accruing additional compensatory time.

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6.3.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half, subject to the limitations in Section 6.3.1.

Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it.

6.4 STAND BY OR CALL BACK DUTY

6.4.1 Compensation When Not Assigned to Call Back Duty
When an employee not assigned to standby duty is called back to duty, the employee shall receive compensation for a minimum of four (4) hours.

6.5 PROBATIONARY PERIOD

6.5.1 Purpose of Probation
After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position.

6.5.2 Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.

Employees shall receive verbal feedback from their immediate supervisor throughout the probationary period.

6.5.3 Rejection During Probation
During the probationary period, an employee may be rejected at any time by the Appointing Authority without the right of appeal.

6.5.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Human Resources Director of his/hertheir intention to terminate the employee.

After discussion with the Human Resources Director, the Appointing Authority shall notify employee in writing of his/herthe rejection.

6.5.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work.

6.5.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary period.

6.5.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she isthey are certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date.

6.5.8 Unsuccessful Passage of Promotional Probation
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An employee who does not successfully pass his/hertheir promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/hertheir promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position.

6.5.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six (6) month probationary period. In the event of unsuccessful passage of this period refer to Section 6.5.8.

6.6 TRANSFERS / REASSIGNMENTS
Transfers may be within the same department (intra-departmental) or between departments (inter-departmental). The requirements for each are as follows:
a. Intra-departmental transfers.

The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classification with the same salary range, in the same division or to another division of the same department (at any time and for any duration).
b. Inter-departmental transfers.

An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. c. Voluntary Transfers.

An employee may make a written request for transfer to the Human Resources Director to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Director(s) and the approval of the City Manager.

6.6.1 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the position.

6.6.2 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position.

Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Directors, involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency.

Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Department. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list.

6.7 PERSONNEL RULES & REGULATIONS
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The WCE agrees to adhere to the City’s Personnel Rules and Regulations located on the City’s Intranet website.

6.7.1 Drug & Alcohol Policy
The City and the WCE agree to the non-DOT general drug and alcohol policy. A copy is available with the City’s policies and on the City’s Intranet website.

6.7.2 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human Resources Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq. Individual employees may review their official personnel file maintained by the Human Resources Department and/or respective appointing authority. With the written consent of the employee, the authorized representative of the recognized employee organization may also review that personnel file.

6.7.3 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Department. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq.

6.7.4 Outside Employment Policy
Outside Employment shall be in accordance with the City’s Outside Employment Policy which is available on the City’s Intranet website.

6.7.5 Use of City Vehicle
Public Works Supervisors, at the direction of the Department Director, will be allowed to take a City vehicle home in emergency conditions.

6.7.6 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards and shall adopt and use methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment.

6.8 MISCELLANEOUS

6.8.1 Gratuities/Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed. Employees should refer to the City's Personnel Rules and Regulations.

6.8.2 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned to the employee’s supervisor before leaving City employment.

6.8.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and Federal Law.

6.8.4 Employment of Relatives
WCE MOU 20241 - 20274 28
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.

6.8.5 Labor / Management Meetings
During the term of the Agreement, the City and the WCE agree that consultation meetings may contribute to improved employer-employee relations. Issues relating to the usage of volunteers and temporary/part-time/seasonal employees, promotional opportunities, and the implementation of safety programs will serve as a basis for initial agenda items to be discussed and acted upon.

The committee shall be comprised of two (2) representatives from the Western Council of Engineers and representatives from City Management as well as the WCE Executive Director and the Human Resources Director. The parties agree that committee members may change depending on the subject matter.

Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 7.4 Grievance Procedures.

6.8.6 Contract Orientation Work Sessions
The City and the WCE agree that the individuals having responsibility for the enforcement of the Agreement, WCE Stewards and Department Directors/Supervisors shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities.

6.8.7 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym membership, personal recreation league fees or fitness-related recreation facility fees. Such reimbursement shall be processed annually and reported as taxable income to the employee. 7 PROCEDURES

7.1 DEMOTION & SUSPENSION

7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/hertheir required duties. b. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she doesthey do not possess the minimum qualifications.

When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy shall be filed with the Human Resources Department.

Withholding a salary step increase or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion.

Disciplinary demotion action shall be in accordance with Article 7.3, "Disciplinary Action."

7.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Director, and shall be taken in accordance with Article 7.3, "Disciplinary Action".

7.2 TERMINATION OF EMPLOYMENT
WCE MOU 20241 - 20274 29

7.2.1 Resignation
An employee wishing to leave the City service in good standing shall file with his/hertheir immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Human Resources Department.

7.2.2 Termination - Layoff (Lack of work or funds)
The City will not layoff any employees in the bargaining unit between July 1, 2011 and December 31, 2011, unless the City is subject to significant revenue reduction (a reduction of one percent (1%) or more in General Fund revenue) due to state cuts or reduction in other revenue sources.

The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made.

7.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3, "Disciplinary Action".

7.2.4 Retirement
Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System.

7.2.5 Rejection During Probation
An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal.

7.3 DISCIPLINARY ACTION

7.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period, an employee shall be designated as a non-probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging during the term of this Memorandum of Understanding in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay.

In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll documents or other City records; misuse of City property; violation of any of the provisions of these working WCE MOU 20241 - 20274 30
rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimical to the public service; inability or refusal to provide medical statement on cause of illness or disability.

7.3.2 Preliminary Notice
A non-probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective.

Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice.

Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Director has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his their right to proceed to Step 4 of the Grievance Procedure.

7.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee shall have ten (10) days to appeal this matter to the City Manager. The City Manager shall investigate the matter, conduct an informal hearing if the City Manager deems it appropriate and, within ten (10) days thereafter, respond to the allegations in writing. For pre-termination disciplinary action of suspension and reduction in pay, the decision of the City Manager shall be final and binding.

For disciplinary demotions and discharges only, if this matter remains unresolved, the WCE may, by written notice to the Human Resources Director within ten (10) days after the receipt of the City Manager’s response, inform the City that the WCE wishes to appeal the decision to demotion or discharge to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Mediation and Conciliation Service containing nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. As used herein, the word “days” shall be deemed to mean City established working days for non-safety employees.

7.3.4 Harassment Policy
It is the City’s intent and purpose to provide all officials, employees, applicants, and contractors with an environment that is free from any form of harassment, discrimination or retaliation.

Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the City’s Intranet website.

7.4 GRIEVANCE PROCEDURE

7.4.1 Definition
WCE MOU 20241 - 20274 31
1) Grievance is a dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding. All ordinances, resolutions, rules and regulations, which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure.
2) Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City.
3) Grievant may be an individual employee or a group of employees or the Union on the behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship.
4) Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision.

7.4.2 Procedure
Step 1.

Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor.

Within five (5) days thereafter the immediate supervisor shall investigate and respond to the allegations of the grievant.

Step 2.

If the grievant is not satisfied with the resolution at Step 1 the grievant must reduce the grievance to writing and present it to the Department Director within five (5) days.

The written grievance shall contain a statement of facts about the nature of the grievance, and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant.

The Department Director shall confer with the grievant and within ten (10) days respond to the allegations in writing.

Step 3.

If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager.

The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days, thereafter, respond to the allegations in writing.

Step 4.

If the grievance remains unresolved after Step 3, the Union may, by written notice to the City Human Resources Department within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing.

Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin.

7.4.3 Arbitration
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The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and he/shethey may call, recall and examine witnesses, as he/shethey deems proper.

The burden of proof shall be upon the WCE in grievance matters and upon the City in disciplinary discharge matters.

After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, the WCE and any employee(s) involved in the grievance or disciplinary demotion or discharge.

The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant and what the proper remedy, if any, shall be, or, in the case of disciplinary discharge matters, whether the City allegations are accurate and the appropriateness of the disciplinary demotion or discharge.

The fees and expenses of the arbitrator shall be shared equally by the WCE and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests; then the costs will be shared equally.

7.4.4 General Provisions

1. Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the WCE or the City.

2. A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and to have access to all information regarding the basis of the grievance upon which the City relies in making its determinations.

3. If a grievant, or the WCE on behalf of the grievant, fails to carry his/hertheir grievance forward to the next level within the prescribed time period, the grievance shall be deemed withdrawn unless the parties have mutually agreed to an extension of timelines.

If a supervisor or manager fails to respond with an answer within the given period of time, the grievant may appeal to the next higher level. The parties may by mutual agreement waive the steps in the procedure.

4. If a hearing is held during work hours of employee witnesses, such employees shall be released from duties, without loss of pay or benefits, to appear at the hearing.

Witnesses requested by the parties shall be compelled to attend said hearings.

5. The Human Resources Department shall act as the central repository for all grievances.

6. Time limits contained herein may be extended by mutual agreement of the parties.

Absence for bona fide reasons by a grievant, the WCE Executive Director or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence.

7.5 POSITION RECLASSIFICATION
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Reclassification of positions covered by this MOU shall be in accordance with the City’s Reclassification Policy available on the City’s Intranet website

7.6 FURLOUGH PROGRAM
Both the City of San Rafael and the WCE recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit, the City of San Rafael and the WCE have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs, however, in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).

7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO.

1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year.

2. An employee selecting at least a 5% reduction of hours through the VTO would receive “float” days as described in Section 7.6.2. (4.a.).

3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department.

4. Employees will be allowed to exceed a 5% reduction of hours through the VTO with review of the Department Director and approval of the City Manager and such approval shall be revocable should the City determine that the impact of the absence can not be absorbed by the Department. Prior to revoking approval, the City will contact the employee and review pertinent information which would impact the employee’s ability to return to work. Should the City need to remove additional VTO, such removal would be considered a non-disciplinary action and would not be subject to any appeal/grievance procedure.

7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager) and after consultation with WCE.
a. Employees may not take paid vacation time in lieu of designated MTO time.

2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will not impact Marin County retirement calculations of average compensation or service credit as the City and employee will continue to fund the full amounts. If the Marin County Retirement Association changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy.

3. MTO time shall apply toward time in service for step increases and completion of probation.

WCE MOU 20241 - 20274 34

4. Other Terms and Conditions:
a) The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time.
b) Float time accrued through the MTO Program must be taken in the next fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period.
c) Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and WCE agree to re-open negotiations on this Furlough Plan.

7.7 REDUCTION IN FORCE

7.7.1 Authority
The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency.

7.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be notified.

7.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. For WCE represented engineering positions, the classifications will be Engineering Technician I/II, Traffic Engineering Technician I/II, Assistant Engineer, Associate Engineer, Senior Associate Engineer, Land Development Engineer, Civil Engineer, Traffic Engineer separately. Each classification stands alone for purpose of layoffs. Any layoff will be based on seniority within the classification and will be implemented in the following order: extra hire employees, probationary employees and regular employees. In effecting the preceding order, a part-time regular employee with more seniority can displace a full-time regular employee.

7.7.4 Seniority
Probationary employees will always be laid off before employees who have regular status in a classification. If two or more employees within a classification have achieved regular status, such employees will be laid off or reduced on the following basis:
a. Seniority within the classification will be determinative. Any layoffs in these classes will be based on overall seniority in the classification, not on the basis of any working title or currently assigned duties.
b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative.

WCE MOU 20241 - 20274 35
d. If all of the above are equal, date of certification for appointment shall be determinative.

7.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, for which he or she qualifies or into the next lower classification in which such employee has previously held regular status. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished.

7.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify.

The length of eligibility for such transfer will be the period of notification as provided in Section

7.7.2, but no longer than the effective date of such layoff or reduction.

7.8 RE-EMPLOYMENT

7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re-appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off.

7.8.2 Right to Re-Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re-appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City.

7.8.3 Time Limits
Should the person not accept the re-appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list.

7.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment.

7.8.5 Probationary Status
Employees re-appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification.

Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re-appointment.

7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual.

WCE MOU 20241 - 20274 36

7.8.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with the union to review and receive feedback on the procedure to be used to inform and process the lay-offs. The information gained in this meeting from the union by the City will be advisory and not binding.

WCE MOU 20241 - 20274 37

WESTERN COUNCIL OF ENGINEERS CITY OF SAN RAFAEL
Nancy WatsonDiane Dillon, Western Council of
Engineers
Tim DavisAllison Hernandez, Lead
Negotiator
Attorney, Burke Williams Sorensen
Willie Lagleva, Traffic Engineering Technician
Shawn Graf, Junior Engineer
Sylvia Gonzalez-SheltonMarissa Sanchez
HR Operations Manageruman Resources
Director
Willie Lagleva, Traffic Engineering Technician Thomas WongNicholas Biss, Principal Human Resources Analyst
Date Date
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 7.a
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Sarah Teplitsky,
Associate Civil Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: AMENDMENTS TO TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE “PROTECTION OF FLOOD HAZARD AREAS”
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE “PROTECTION OF FLOOD HAZARD AREAS”, TO MEET OR EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S MINIMUM STANDARDS FOR DEVELOPMENT IN FLOOD HAZARD AREAS.

RECOMMENDATION:

Introduce an Ordinance amending Title 18 of the San Rafael Municipal Code, entitled “Protection of Flood Hazard Areas,” to meet or exceed the minimum standards of the Federal Emergency Management Agency for development within the flood hazard areas of the City of San Rafael, waive further reading of the Ordinance, and refer to it by title only.

BACKGROUND:

The City of San Rafael (City) has participated in the National Flood Insurance Program (NFIP) since May 1, 1984. The NFIP is administered by the Federal Emergency Management Agency (FEMA), with the California Department of Water Resources (DWR) serving as the coordinating agency. The City’s participation in the NFIP provides residents eligibility for federally backed flood insurance and other benefits such as federal disaster assistance. As a participating community, the City must adopt and enforce floodplain management regulations that meet the minimum NFIP requirements as developed by FEMA.

The City’s floodplain management regulations are contained within Title 18 of the San Rafael Municipal Code, entitled “Protection of Flood Hazard Areas.” Compliance with these regulations is intended to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood hazard areas in the City. Title 18 was last amended in January 2003 by adopting Ordinance No. 1796.

As a FEMA representative, DWR periodically reviews the City’s floodplain management regulations through Community Assistance Visits (CAV). The last CAV occurred on February 28, 2024, and DWR commented on necessary revisions to the City’s floodplain management regulations to meet the minimum NFIP requirements.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
After receipt of comments from DWR, City staff prepared a draft of the revised floodplain management regulations, which includes the minimum necessary revisions identified by DWR, as well as some changes to update references to FEMA technical publications and other minor changes to clarify the procedure. City staff sent the draft to DWR on May 21, 2024, and addressed the final comments received from DWR on the draft.

ANALYSIS:

Revisions to the City’s floodplain management regulations, contained within Title 18 of the San Rafael Municipal Code, are necessary to meet or exceed the minimum requirements of the NFIP and maintain the City’s continued eligibility to participate in the NFIP. Ordinance amendments are not expected to majorly impact residents or future developments.

Ordinance amendments include the following revisions to the City’s floodplain management regulations:
• Addition of definitions to clarify terms used throughout the floodplain management regulations.] • Updating references to technical bulletins published by FEMA that guide design in flood hazard areas.
• Updating references to the most recent versions of the Flood Insurance Rate Map and Flood Insurance Study available for the City.
• Removing requirements applicable to AO1 zones because the City has no mapped AO zones. • Clarifying that the minimum elevation requirement is one foot above the base flood elevation to be consistent with the requirements in the building code. • Other minor revisions for clarity.

The revisions have been reviewed and approved by FEMA’s representative, DWR. The proposed Ordinance amends Title 18 of the San Rafael Municipal Code to incorporate these revisions. Adopting the Ordinance will allow the City to continue participating in the NFIP and make flood insurance available to residents.

COMMUNITY OUTREACH:

On June 7, 2024, a public hearing was duly noticed in the Marin Independent Journal for the City Council to receive public comments and consider an Ordinance amending the San Rafael Municipal Code.

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

OPTIONS:

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

1. Introduce the Ordinance, waive further reading, and refer to it by title only.

2. Do not introduce the Ordinance, and direct staff to return with additional information or changes to the Ordinance.

RECOMMENDED ACTION:

Introduce an Ordinance amending Title 18 of the San Rafael Municipal Code, entitled “Protection of Flood Hazard Areas,” to meet or exceed the minimum standards of the Federal Emergency Management 1 AO zone is defined as an “Area of special flood hazards having shallow water depths and/or unpredictable flow paths between (1) and (3) ft.”
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Agency for development within the flood hazard areas of the City of San Rafael, waive further reading of the Ordinance, and refer to it by title only.

ATTACHMENTS:

1. Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “PROTECTION OF FLOOD HAZARD AREAS”, TO MEET OR EXCEED THE MINIMUM STANDARDS OF THE

FEDERAL EMERGENCY MANAGEMENT AGENCY FOR DEVELOPMENT WITHIN THE

FLOOD HAZARD AREAS OF THE CITY OF SAN RAFAEL
SECTION 1. FINDINGS
WHEREAS, development in the flood hazard areas of the City of San Rafael is regulated by Title 18 of the San Rafael Municipal Code; and
WHEREAS, the regulation of development in flood hazard areas is meant to promote the public health, safety, and general welfare; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has established minimum standards for development in flood hazard areas; and
WHEREAS, the City’s ordinance must comply with the minimum standards required by FEMA for flood insurance to be available under the National Flood Insurance Program; and WHEREAS, FEMA has notified the City that it must update Title 18 of the Municipal Code to comply with FEMA’s minimum standards for development in flood hazard areas; and WHEREAS, modification to the City’s ordinance as provided in the subject ordinance amendment is intended to meet or exceed FEMA’s minimum standards.

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

SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE TITLE 18 Sections 18.20.010, 18.30.020, 18.40.010, 18.40.020, 18.40.030, 18.50.010, 18.50.030,

18.50.040, and 18.50.050 of Title 18 of the San Rafael Municipal Code, entitled “Protection of Flood Hazard Areas”, are hereby amended to read as follows. Additions are shown in underline, and deletions are shown in strikethrough. All other provisions of Title 18 are unaffected by these amendments.

18.20.010 Definitions.

Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this title.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.
“Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the FIRM.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building" - see "Structure".
“Building code” means the family of building codes in Title 12 of this code specifically adopted and amended by the city council.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V. “Design flood” means the flood associated with:

1. Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.

2. Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or manufactured housing subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or manufactured housing subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. “Flood control project” means a dam or barrier designed and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
"Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration has delineated the areas of flood hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map FIRM, the Flood Boundary and Floodway Map FBFM, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding".
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this title and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures; Technical Bulletin 3, Non-Residential Floodproofing Requirements and Certifications; and Technical Bulletin 7, Wet Floodproofing Requirements and Limitations FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway".
"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Chapter 18.60, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the community governing body will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. city council of the City of San Rafael, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Chapter 18.60, Variances, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

2. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
"Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective FIRM or FIS. Letters of Map Change include:

1. Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective FIRM and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective FIRM or FIS; upon submission and approval of certified as-built documentation, a LOMR may be issued by FEMA to revise the effective FIRM. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Light-duty truck” means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:

1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

2. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

3. Available with special features enabling off-street or off-highway operation and use. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The wet floodproofing standard in Chapter 18.50.010 C.3; b. The anchoring standards in Chapter 18.50.010 A;
c. The construction materials and methods standards in Chapter 18.50.010 B; and
d. The standards for utilities in Chapter 18.50.020.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map FIRM are referenced. "Mudslide" describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One-hundred-year flood" or "one hundred 100-year flood" - see "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
"Public safety and nuisance" as related to Chapter 18.60, Variances, of this title means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this title or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Sheet flow area" - see "Area of shallow flooding".
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure". "V zone" - see "Coastal high hazard area".
"Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title. "Violation" means the failure of a structure or other development to be fully compliant with this title. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this title is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

18.30.020 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the current version of the Flood Insurance Study (FIS) for Marin County and Incorporated Areas revised August 15, 2017, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) revised August 15, 2017, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated June 28, 1983 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated May 1,1984, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are electronically on file at the1400 Fifth Avenue, City Hall, Department of Public Works.

18.40.010 Establishment of floodplain development permit.

A floodplain development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 18.30.020.

Application for a floodplain development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals, along the foundation footprint, or one foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway; and B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

2. For a crawl-space foundation, location and total net area of foundation openings as required in Section 5.1.C.318.50.010.C.3 of this ordinance title and Federal Emergency Management Agency (FEMA) Technical Bulletins 1-931 and 7-937; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent (95%) using the Standard Proctor Test method); and
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Section 18.50.010 C.2 of this title and FEMA Technical Bulletin TB 3-933; and
D. All appropriate certifications listed in Section 18.40.030 D of this ordinance; and E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

18.40.020 Designation of the floodplain administrator.

The director of public works, is hereby appointed to administer, implement, and enforce this ordinance by granting or denying floodplain development permits in accord with its provisions.

18.40.030 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A. Permit Review. Review all floodplain development permits to determine that:

1. Permit requirements of this title have been satisfied,

2. All other required state and federal permits have been obtained,

3. The site is reasonably safe from flooding, and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this title, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B. Review, use and development of other base flood data.

1. When base flood elevation data has not been provided in accordance with Section 18.30.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Chapter 18.50.

Any such information shall be submitted to the city for adoption; or

2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA Federal Emergency Management Agency (FEMA) publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (one hundred 100-year) Flood Elevations" dated July 1995 in order to administer Section 5:
a. Simplified method
i. One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detailed method
i. One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and
ii. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

C. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 18.50.010 C.1 and 18.50.040 (lowest floor elevations),

2. Certification required by Section 18.50.010 C.2 (elevation or floodproofing of nonresidential structures),

3. Certification required by Sections 18.50.010 C.3 (wet floodproofing standard),

4. Certification of elevation required by Section 18.50.030 B (subdivision standards),

5. Certification required by Section 18.50.060 A (floodway encroachments),

6. Information required by Section 18.50.070 F (coastal construction standards), and
E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 18.60.

F. Remedial Action. Take action to remedy violations of this ordinance as specified in Section 18.30.030.

G. Base Flood Elevation Changes Due to Physical Alterations. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator or their designee, shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

18.50.010 Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards of Section

18.50.040.

B. Construction materials and methods. All new construction and substantial improvement shall be constructed:

1. With flood resistant materials as specified in Federal Emergency Management Agency (FEMA) Technical Bulletin 2TB 2-93, and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and floodproofing. (See Chapter 18.20 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".)

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement,
a. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM plus predicted thirty (30) years settlement, or elevated at least two feet above the highest adjacent grade if no depth number is specified. ab. In an AE or AH zone, elevated to a height equal to or exceeding one (1) foot above the base flood elevation plus predicted thirty (30) years settlement; said base flood elevation shall be determined by one of the methods on Section 18.40.030 B of this ordinance.
bc. In all other zones a V or VE zone, elevated to a height equal to or exceeding one (1) foot above the base flood elevation plus predicted thirty (30) years settlement.
c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 18.50.010 C.1 or together with attendant utility and sanitary facilities:
a. Be flood proofed below the elevation recommended under Section

18.50.010 C.1 so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this section (18.50.010 C.2) are satisfied. Such certification shall be provided to the floodplain administrator.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-931 and TB 7-937, and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Be certified by a registered professional engineer or architect.

4. Manufactured homes shall also meet the standards in Section 18.50.040.

18.50.030 Standards for subdivisions and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser.

A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B. All subdivision plans will provide the elevation of the lowest floor of all proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided as part of an application for a Letter of Map Revision Based on Fill (LOMR-F) to the floodplain administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

18.50.040 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved, within Zones A1- 30, AH, and AE on the community's Flood Insurance Rate Map (FIRM), on sites located:

1. Outside of a manufactured home park or subdivision,

2. In a new manufactured home park or subdivision,

3. In an expansion to an existing manufactured home park or subdivision, or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes that are placed or substantially improved on sites located within Zones V1-30, V, and VE on the community's Flood Insurance Rate MapFIRM will meet the requirements of Section 18.50.040 A and Section 18.50.070.

C. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1- 30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 18.50.040 A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation, or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirtysix inches (36") in height above grade.

D. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

18.50.050 Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map (FIRM) will either:

1. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

2. Meet the permit requirements of Section 418.40.010 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section

18.50.040 A.

B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate MapFIRM will meet the requirements of Section

18.50.050 A and Section 18.50.070.

SECTION 3. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this Ordinance shall continue in full force and effect unless amended or modified by the city.

SECTION 4. COMPLIANCE WITH CEQA
The California Environmental Quality Act (CEQA) Guidelines, Section 15308, categorically exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The City Council hereby finds that under Section 15308, the subject ordinance amendment is exempt from CEQA because it is an update of public safety regulations enacted to avoid environmental impacts.

SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of June 2024, and was passed and adopted at a regular meeting of the San Rafael City Council on the 15th of July by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 7.b
Meeting Date: June 17, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Angela Robinson Piñon,
Assistant City Manager
City Manager Approval: ______________
TOPIC: STIPEND COMPENSATION PROGRAM FOR BOARDS, COMMISSIONS AND COMMITTEES; AND CITY COUNCIL COMPENSATION
SUBJECT: ADOPT RESOLUTION AMENDING BYLAWS FOR BOARDS, COMMISSIONS AND

COMMITTEES TO INCLUDE STIPENDS AND INTRODUCE AN ORDINANCE

ADJUSTING THE COMPENSATION FOR THE MAYOR AND CITY COUNCIL RECOMMENDATION:

1. Adopt the Resolution amending Bylaws for Boards, Commissions and Committees to include stipends; and

2. Introduce the Ordinance, waive further reading, and refer to it by title only.

BACKGROUND:

Stipend Program for Boards, Commissions and Committees
The City relies heavily on the dedication and commitment of volunteers who serve on various boards, commissions, and committees (BCCs). These volunteers play a crucial role in shaping public policy, advising city elected officials, and contributing to the overall well-being of the community. Participation in a BCC generally requires a significant time commitment before and during meetings. Lost wages and/or added childcare expenses may be a barrier to some residents who may be interested in serving their community on a BCC. Therefore, staff recommend implementing a stipend program to reduce the potential economic impact on residents serving on a BCC. The availability of stipends may also help encourage residents at all income levels to participate. This program aligns with the City’s Diversity Equity Inclusion and Belonging (DEIB) goals and objectives for fiscal years 2023-25.

The purpose of this stipend is to:

1. Enhance diversity on BCCs, and

2. Promote recruitment and retention of diverse community members, and

3. Reduce barriers for working class, BIPOC, and single parent community members.

Staff researched practices from other municipalities in California that offer stipends to their volunteer BCC members. There is no one-size-fits-all approach to providing stipends, and cities approach stipend programs in various ways, as demonstrated below.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Table 1: Stipend Program Summary
Agency Stipend Amount
County of Marin $50 per meeting
City of San Jose $200 per month
City of Concord Planning Commission - $50 per meeting
City of Carson Planning Commission - $50 per meeting
Advisory BCCs - $35 per meeting
City of San Marcos Varies by BCC per meeting:

Park & Rec Commission: Chair $60 / Commissioners $30
Planning Commission: Chair $100 / Commissioners $50
Traffic Commission: Chair $60 / Commissioners $30
Youth Commission: Chair $30 / Commissioner $15
City of Los Angeles $50 per meeting
City of La Canada Flintridge $50 per meeting
Mayor and City Council Compensation Ordinance
City Charter: Article VI, Section 9 of the City Charter states, “Compensation of the mayor and councilmen shall be as permitted by general law and shall be set by ordinance.” The City of San Rafael differs from other cities and towns in Marin because San Rafael is a charter city, and the Mayor and Councilmembers are officially employees of the City of San Rafael, which is why they are eligible for health and pension benefits. As a note, staff are working on rewriting the San Rafael City Charter to amend all gendered language to gender neutral language. We do not condone the exclusively masculine language currently written in the Charter, which does not represent the accurate gender of the City’s three female councilmembers and female Mayor.

Ordinance Number 1589: On April 16, 1990, the City Council adopted Ordinance No. 1589 which adjusted the compensation of the Mayor and City Council to amounts that were permitted at that time under California Government Code Section 36516(a). The compensation of the Mayor and City Council have not been increased since that time and remains at $702 per month and $468 per month respectively.

Senate Bill 329 (Dodd): On June 29, 2023, the Governor approved Senate Bill No. 329 (Dodd) (“SB 329”) which allows a city council to set by ordinance their salaries up to a maximum amount, based upon the population of the city. SB 329 amends Section 36516 of the Government code to read, in part:
36516. (a)(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.

The City of San Rafael’s Charter requires that the City Council set its compensation by ordinance as allowed by general state law.

An elected mayor may be provided compensation in addition to which they receive as a councilmember.

The reason for this is that mayors have additional roles and responsibilities which their compensation level should reflect. That additional compensation may be provided by city council ordinance (Government Code section 36516.1).

Any salary increase may take effect only when at least one member of the city council commences a new term. (Government Code Section 36516.5.) However, additional compensation for an elected mayor may take effect during the mayor’s current term. (89 Ops Cal Atty Gen 159 (2006).) It is the staff’s recommendation that all changes in compensation, including that of the mayor, take effect during the next council term, following the November 2024 election, on December 1, 2024.

This proposed change aligns with the City’s Diversity, Equity, Inclusion, and Belonging (DEIB) goals and objectives for fiscal years 2023-25 which include lifting up marginalized communities by reducing economic barriers for participating in local government. These increases also reflect the goals of SB 329.

In articles about the bill, Senator Dodd said the following, "By allowing councils to adjust their maximum pay to reflect inflation, my bill will remove barriers to achieving more equitable representation in local government." The California Chapter of the NAACP also supported the bill.

Compensation may be a barrier to some residents who may want to serve as councilmember or mayor.

Therefore, the staff recommends increasing compensation to reduce the potential economic impact on residents serving on the City Council, and to broaden participation.

ANALYSIS:

Stipend Program for Boards, Commissions and Committees
With the recent recruitment for the newly established Police Advisory and Accountability Committee, it was announced there would be a $50 per meeting stipend provided to members who were appointed.

Staff researched a stipend program for BCCs, and the San Rafael Municipal Code grants the City Council the authority to provide compensation to BCCs by resolution, except for the Park and Recreation Commission. San Rafael Charter Section 52, Park Commission, prohibits Park Commissioners from being compensated, and this cannot be changed without holding a special election and receiving approval from the electorate to amend the Charter. Staff recommends making the stipend available to all BCCs, with the exception of the Park and Recreation Commission at this time. However, as part of the comprehensive update to the City Charter, staff recommend amending the City Charter to allow members of the Parks and Recreation Commission to receive a stipend.

Staff recommends approving a stipend program of $50 per month to all BCC members. If approved, the stipend would be available for members who opt-in to the program.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
If all BCC Members were to opt-in to the program, the total annual cost would be approximately $30,000.

Members who opt-in to receive the stipend would be required to complete state-mandated ethics training, under Assembly Bill (AB) 1234 every two years. This may deter members of BCCs from applying to the stipend program, and while staff intends to remove barriers to service, we realize this may be a deterrent for some members to opt-in to the program.

Stipend Program Implementation
The City Clerk’s office would manage the Stipend Program and send applications to all BCCs, to be renewed annually. Members interested in applying for the Stipend Program will need to submit an online application and indicate which months they are eligible to receive stipends for their BCC. The City Clerk’s office will send the Request for Stipend Payment form to BCC members at least semi-annually. The staff liaison to the BCC will submit payment requests to the Finance Department for processing and payments will be made to BCC members at least twice per year.

Any member of the BCCs who opts-in to the Stipend Program would be required to submit information to the Finance Department to register as a vendor to receive their stipend. In addition, they would be required to complete ethics training (as required under AB 1234) through the Fair Political Practices Commission every two years.

Mayor and City Council Compensation Ordinance
Senate Bill 329
Senate Bill 329 (Dodd) is recently enacted law and authorizes a city council to pass an ordinance to provide each member of the city council with a salary based upon the population of the city, as specified.

SB 329 increased the maximum amount of salary, based upon the population of the city that may be approved by an ordinance passed by the City Council. The increases authorized by SB 329 are designed to address recent inflationary increases and economic realities, “enable city councilmembers to balance their careers and personal obligations with the calling to serve their community,” and “also make it easier for members of marginalized communities to serve.”
San Rafael Comparable Jurisdictions
As part of its analysis, staff looked at the compensation of mayors and city councilmembers in those jurisdictions considered “comparable” as defined in the labor agreements for the non-safety bargaining groups. The analysis is summarized in Table 2 and Table 3 on the following pages; however, it was determined that the “market” average for city councilmembers was $1,516 per month and $2,357 per month for mayors.

This section intentionally left blank.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Table 2: Analysis of Councilmember Compensation in San Rafael and Comparable Agencies Agency Population Maximum
Base Salary
Health
Insurance
Contribution
Other Health
Benefits
Total Comp
(no
retirement
info
included)
City of San
Rafael
61,271 $468 $1,913 $171 $2,552
City of Alameda 78,280 $1,582 $2,689 $132 $4,653
City of Fairfield 119,881 $1,300 $1,942 $127 $3,565
City of Hayward 162,954 $3,609 $2,392 $120 $6,121
City of Napa 79,246 $1,435 $1,937 $149 $4,296
City of Novato 53,225 $400 $2,656 $48 $3,271
City of San
Leandro
91,008 $1,323 $2,458 $159 $3,940
City of Santa
Rosa
178,127 $1,480 $2,232 $186 $3,898
City of South
San Francisco
66,105 $1,000 $3,814 $202 $5,016
Labor Market
Mean for Base
Salary
$1,516 Labor
Market
Mean for
Total Comp
$4,345
% San Rafael
needs to
add/subtract
to equal labor
market
-223.96% % San
Rafael
needs to
add/subtract
to equal
labor market
-70.27%
To adjust the
base wage by
223.96%,
salary is:
$1,516/month
This section intentionally left blank.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Table 3: Analysis of Mayor Compensation in San Rafael and Comparable Agencies Agency Population
(2020 Census)
Maximum Base
Salary
Health
Insurance
Contribution
Other Health
Benefits
Total Comp
(no retirement
info included)
City of San
Rafael
61,271 $702 $1,913 $171 $2,786
City of
Alameda
78,280 $2,409 $2,689 $132 $5,480
City of
Fairfield
119,881 $1,560 $1,942 $127 $3,984
City of
Hayward
162,954 $5,774 $2,392 $123 $8,289
City of
napa
79,246 $2,870 $1,937 $149 $5,731
City of
Novato
53,225 $400 $2,656 $48 $3,271
City of San
Leandro
91,008 $2646 $2,458 $159 $5,641
City of
Santa Rosa
178,127 $2,200 $2,232 $186 $4,618
City of
South San
Francisco
66,105 $1,000 $3,814 $202 $5,016
Labor Market
Mean for Base
Salary
$2,357 Labor Market
Mean for
Total Comp
$5,254
% San Rafael
needs to
add/subtract
to equal labor
market
-235.81% % San Rafael
needs to
add/subtract
to equal
labor market
-88.59%
To adjust
base wage by
235.81%,
salary is:
$2,357/month
An Ordinance has been prepared for introduction establishing an increase to City Councilmember compensation to $1,516 per month and Mayor compensation to $2,357 per month. This is an increase of $1,048 per month over the current monthly Council compensation of $468 per month and an increase of $1,655 per month over the current monthly salary for the Mayor, which are the amounts necessary to bring compensation up to the labor market average. Thereafter, the salaries could be adjusted by ordinance of the City Council in amounts not to exceed those amounts allowed by general state law. The Mayor or City Council members may waive their health and/or retirement benefits. Membership in the Marin County Employee’s Retirement Association (MCERA) is optional for elected officials. As a result, a councilmember waiving both retirement and health benefits would only receive the base wage of $1,516 per month.

The proposed health insurance contribution increases to the cafeteria benefit plan are consistent with those being offered to all City of San Rafael employees in their successor collective bargaining agreements. The salary increases in the ordinance would become effective the first pay period after SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
one or more members of the City Council or the Mayor begins a new term of office, which would be December 1st, 2024, following the November election.

Under this ordinance, the monthly health benefit allowance effective December 2024 would be:

For elected official only: $ 950
For elected official and one dependent: $1,900
For elected official and two or more dependents: $2,400 The monthly health benefit allowance can be waived by the mayor and/or a councilmember if they choose.

FISCAL IMPACT:

Stipend Program for Boards, Commissions and Committees
If 100% of BCC members opted-in, the cost to run the program would cost approximately $30,000 per year. Funding for the fiscal year 2024-25 is included as part of the proposed annual budget.

The cost for the base wage adjustment is $70,170, and the cost for the increase in health insurance contributions would depend on the number of councilmembers who enrolls in medical benefits and the level of coverage received. The increased monthly and annual costs, by coverage level, is summarized in Table 4.

Table 4: Cafeteria Plan Benefits by Coverage Level
Health Tier
Current
Benefit
Benefit
Effective
Dec 2024
Monthly
Increase
Annual
Increase
Employee Only $ 735.86 $ 950.00 $ 214.14 $ 2,569.66
Employee +1 dependent $ 1,471.71 $ 1,900.00 $ 428.29 $ 5,139.45 Employee + Family $ 1,913.24 $ 2,400.00 $ 486.76 $ 5,841.15 OPTIONS:

The City Council has the following options to consider in this matter:
• Introduce the ordinance and adopt the resolution.
• Introduce the ordinance and adopt the resolution with modifications. • Direct staff to return with more information.
• Take no action.

RECOMMENDED ACTION:

1. Adopt the Resolution amending Bylaws for Boards, Commissions and Committees to include stipends; and

2. Introduce the Ordinance, waive further reading, and refer to it by title only.

ATTACHMENTS:

1. Ordinance

2. Resolution
1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO

ADJUST THE COMPENSATION FOR THE MAYOR AND CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. FINDINGS.

WHEREAS, pursuant to Article VI, Section 9 of the City of San Rafael Charter, Council compensation may be adjusted by ordinance in an amount not to exceed that allowed for by general state law. The last salary adjustment was adopted in April 1990.

WHEREAS, on June 29, 2023, the Governor approved Senate Bill No. 329 (Dodd) (“SB 329”), amending Government Code Section 36516, which permits a city council to set by ordinance their salaries up to a maximum amount, based upon the population of the city.

The increases authorized by SB 329 are designed to address recent inflationary increases and economic realities, “enable city councilmembers to balance their careers and personal obligations with the calling to serve their community,” and “also make it easier for members of marginalized communities to serve.”
WHEREAS, in articles about the bill Senator Dodd said the following, "By allowing councils to adjust their maximum pay to reflect inflation, my bill will remove barriers to achieving more equitable representation in local government." The California Chapter of the NAACP also supported the bill.

WHEREAS, in accordance with Government Code Section 36516.1, and elected mayor may be provided compensation in addition to which they receive as a council member and that additional compensation may be provided by city council ordinance.

WHEREAS, in accordance with Government Code Section 36516.5, a change in compensation does not apply to a council member during the council member's term of office, but may take effect for all members of a council serving staggered terms whenever one or more members of the city council begins a new term of office. Additional compensation for an elected mayor may take effect during the mayor’s current term.

WHEREAS, as part of its analysis, staff also looked at the compensation of mayors and city councilmembers in those jurisdictions considered “comparable” as defined in the labor agreements for the non-safety bargaining groups. It was determined that the “market” average for city council members was $1,516 per month and $2,357 per month for mayors.

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

DIVISION 2. ADJUSTMENT TO COMPENSATION.

1. The salary for each Councilmember shall be increased from $468 to $1,516 per month. This salary increase shall become effective the first pay period after one or more members of the City Council begins a new term of office.
2 2. The compensation of the Mayor shall increase from $702 per month to $2,357 per month. This salary increase shall become effective the first pay period after one or more members of the City Council begins a new term of office.

3. The City shall continue to offer a full flex cafeteria program for Councilmembers and the Mayor.

This compensation shall be paid in the same manner as paid to other officers and employees of the City of San Rafael.

4. Thereafter, the salaries shall be adjusted by ordinance of the City Council in amounts not to exceed that allowed by general state law.

DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment (14 Cal.

Code Regs. Section 15061(b)(3)).

DIVISION 4. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

DIVISION 5. EFFECTIVE DATE; PUBLICATION.

A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance.
______________________
KATE COLIN, Mayor
ATTEST:
3 ______________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No. ____ was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 17th day of June 2024 and ordered passed to print by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15th day of July 2024.
______________________
LINDSAY LARA, City Clerk
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

AMENDING BYLAWS FOR ALL BOARDS, COMMISSIONS AND COMMITTEES TO INCLUDE A $50.00 PER MONTH STIPEND ON AN OPT-IN BASIS
WHEREAS, the City Council wishes to establish stipends for the Boards, Commissions and Committees at $50 per month, with the exception of the Park and Recreation Commission; and WHEREAS, the bylaws in Exhibit A attached hereto are recommended by staff and include an amended clause to the Compensation section to allow for stipends; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the amended Bylaws as set forth in Exhibit A.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 17th day of June 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
EXHIBIT A: BYLAWS FOR

1. ADA ACCESS ADVISORY COMMITTEE

2. BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE

3. BOARD OF LIBRARY TRUSTEES

4. DESIGN REVIEW BOARD

5. FIRE COMMISSION

6. PICKLEWEED ADVISORY COMMITTEE

7. PLANNING COMMISSION

8. POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE

9. PUBLIC ART REVIEW BOARD

10. VOTER APPROVED TAX OVERSIGHT COMMITTEE
ADA Access Advisory Committee Bylaws March 20, 2023 1

AMERICANS WITH DISABILITIES ACT ACCESS ADVISORY COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Americans with Disabilities Act Access Advisory Committee, hereinafter referred to as the "ADA Access Advisory Committee," or the “Committee.”
Section 1.2. Purpose. The ADA Access Advisory Committee provides valuable input in determining disability policy for the City of San Rafael. The ADA Access Advisory Committee provides input, advises the City on matters relating to people with disabilities, and is a primary public networking resource between persons with disabilities, disability service agencies, representatives from government agencies, and others. Members of the Committee represent a broad cross-section of members of the community with disabilities, reflecting multiple disabilities, and the cultural and gender diversity of the wider disability community. The ADA Access Advisory Committee works in conjunction with the City of San Rafael.

Section 1.3. Committee Responsibility. The ADA Access Advisory Committee’s authority is advisory only. The ADA Access Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity. The ADA Access Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from timeto-time by the City Council.

The ADA Access Advisory Committee may:

1. Act as a liaison between the City and the disabled community living and doing business in the City of San Rafael;

2. Assist the City with ADA projects including, but not limited to the: Self Evaluation, Transition Plan, publicity, website content, training, and emergency planning for persons with disabilities;

3. Solicit public input on city-related ADA projects and programs and provide a public forum for individuals with disabilities and groups representing people with disabilities;

4. Facilitate community awareness and advocacy by identifying and articulating common concerns;

5. Advise and educate members of the disability community, City staff, and the public about disability rights and accessibility issues;

6. Provide input to the City for the removal of physical barriers in City facilities, on City property, and the public rights-of-way based upon identified needs and ADA Access Advisory Committee Bylaws March 20, 2023 2
budget;

7. Work to improve accessibility for persons with disabilities throughout the community;

8. Promote emerging state and national disability issues relevant to the City;

9. Provide input for prioritizing barrier removal projects that are funded in the Capital Improvement Plan. The Director of Public Works shall have the final decision over the approval and authorization of projects;

10.Provide input on Disabled Access Hardship Applications submitted to the Building Division on permitted projects. The Chief Building Official shall have the final decision over the Disabled Access Hardship Application.

The ADA Access Advisory Committee is not involved in:

1. ADA compliance related to private development applications, approvals, or enforcement other than Disabled Access Hardship Applications as described above. This responsibility is carried out by the Community Development Department.

2. Grievances under the ADA directed toward the City. Anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of San Rafael shall fall under the provisions of the City's grievance procedure.

3. Project review and approval. Existing Boards or Commissions (such as the Design Review Board or Planning Commission) that are established for public or private project review and approval, which includes full ADA compliance, shall remain with those Boards and Commissions.

4. City bids, contracts and agreements. The City has full responsibility to ensure that all approved bids, contracts and agreements are in full compliance under the ADA.

Section 1.4. Brown Act. All meetings of the ADA Access Advisory Committee shall be open and public, and all persons shall be permitted to attend any meeting of the ADA Access Advisory Committee, except as otherwise provided in the Ralph M. Brown Act. (Government Code Sections 54950 et seq.) Meetings will be accessible to all, with accommodations for accessibility issues made upon request. Any person who disrupts the meeting may be asked to leave and be removed.

ARTICLE II. MEMBERSHIP
ADA Access Advisory Committee Bylaws March 20, 2023 3
Section 2.1. Number of Members. The ADA Access Advisory Committee shall consist of five (5) voting members and one (1) non-voting City staff member who will act as the Committee Chairperson. The City Council has the authority to appoint alternates as needed. The City staff member will typically be the City’s ADA Coordinator, but in all instances shall be the person appointed by the City Manager.

Section 2.2. Eligibility. The five (5) voting ADA Committee members and any alternate shall consist of the following, each having the same duties and responsibilities:

1. Persons who are, or family members of, City of San Rafael residents with disabilities; and/or

2. Individuals residing in the City of San Rafael serving persons with disabilities in Marin County; and/or

3. Property owners, business owners, or individuals residing in the City of San Rafael with expertise and/or affiliations with private or public organizations concerned with issues of accessibility and/or other issues of concern to persons with disabilities; and/or

4. One member of the Committee may represent the San Rafael business community interest.

Membership on the Committee shall not be limited based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. An effort will be made to ensure that the membership is balanced and diverse based on the eligibilities above.

Section 2.3. Appointment of Committee Members. Voting Committee members and any alternate member shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. The City Manager shall appoint the non-voting City staff member.

Section 2.4. Terms of Appointment. Each Committee member shall serve a term of four (4) years but not more than two terms. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Committee members shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Chairperson shall be considered a voluntary resignation from the Commission. Previously dismissed Commissioners may be eligible for reappointment to the Commission. Commissioners shall be subject to removal by the affirmative vote of three members of the City Council.

ADA Access Advisory Committee Bylaws June 17, 2024 4
Section 2.7. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

Section 2.8. Duties of the Chairperson. The Chairperson shall preside over all ADA Access Advisory Committee meetings and shall be responsible for preparing agendas, meeting minutes, and maintaining records of documents submitted to the Committee for consideration at the meeting. If the Chairperson is unable to attend a regularly scheduled meeting, the regularly scheduled meeting shall be cancelled and resumed at the next regularly scheduled meeting.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. The Commission shall meet quarterly, unless there is no business to conduct, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

Bicycle and Pedestrian Advisory Committee Bylaws

BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Bicycle and Pedestrian Advisory Committee, hereinafter referred to as the "BPAC," or the “Committee.”
Section 1.2. Purpose. The purpose of the Bicycle and Pedestrian Advisory Committee is to promote bicycling and walking as viable means of transportation throughout San Rafael, to provide conceptual input on public bicycle and pedestrian infrastructure projects, and to support the implementation of the City's Bicycle and Pedestrian Master Plan.

Section 1.3. Committee Responsibility. The Committee’s authority is advisory only.

The Bicycle and Pedestrian Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity. The Bicycle and Pedestrian Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council.

The Bicycle and Pedestrian Advisory Committee’s advisory and review function on matters related to bicycling and walking include, but are not limited to:

1. Implementation of the Bicycle and Pedestrian Master Plan and other adopted plans Participating in the development, review, and implementation of comprehensive bicycle/pedestrian goals, objectives and policies in the Bicycle and Pedestrian Master Plan, and/or other City adopted community plans and area specific plans.

2. Existing Conditions
Reviewing and commenting on the functional classification and physical condition of existing pedestrian routes, bicycle paths, bicycle lanes, protected bikeways, and bicycle routes (Caltrans Class I, II, III & IV facilities, respectively) within the City.

3. Review of Major Development and Infrastructure Projects Reviewing development and infrastructure projects that fall within the City's jurisdiction insofar as they relate to bicycling and walking at their planning and design stages for accommodation of cyclists' and pedestrians' needs.

Members of BPAC will serve as liaisons to City departments, commissions, and committees related to bicycle and pedestrian issues and will report back to BPAC.

4. Project Development and Funding

Making recommendations on capital improvements to increase use and safety of bicycle/pedestrian facilities; and providing recommendations to staff on the prioritization of bicycle/pedestrian projects for funding under Capital Improvements Programs or other district, county, state or federal bicycle and pedestrian grant programs.

5. Educational Efforts
Participating in the City's efforts to promote bicycling and walking as viable forms of urban transportation and recreation.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Committee shall consist of a total of five (5) regular members.

The Committee shall have one alternate member who may vote in the absence of any voting member.

Section 2.2. Eligibility. The Committee shall be composed of five (5) regular voting members.

Requirements for eligibility: Shall either reside or work in city limits.

Membership on the Committee shall not be limited based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. An effort will be made to ensure that the membership is balanced and diverse based on the eligibilities above.

Section 2.3. Term Limits. Members of the Committee shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Chairperson will constitute an immediate vacancy and shall be considered a voluntary resignation from the Committee. Previously dismissed Committee members may be eligible for reappointment.

Section 2.5. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. The Committee shall meet at least every other month, on a consistent day of the month,
Bicycle and Pedestrian Advisory Committee Bylaws
Revised June 17, 2024

and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

Board of Library Trustees Bylaws

BOARD OF LIBRARY TRUSTEES BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Board of Library Trustees, hereinafter referred to as the "Library Board," or the “Board.” Section 1.2. Purpose. The purpose of the Board is to support the Library Director, support the Library Foundation in its quest for a new library, serve as advocates for the Library to the City Council, and help increase the visibility of the Library in the community.

Section 1.3. Board Responsibility. The Library Board’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council. The Library Board’s authority is advisory only. The Library Board has no power to act on behalf of the City of San Rafael or any other entity.

Subject to the direction and control of the city council, as provided in Section 2.04.030 of the San Rafael Municipal Code, the powers and duties of the Board of Library Trustees shall be:

1. To assess and evaluate current and long-range needs of the library;

2. to formulate and adopt policies, rules and regulations with respect to programs and facilities to meet such needs of the community, including recommendations for sites and design of facilities. Such formulations and adoptions shall be made in conjunction with recommendations of the librarian;

3. To receive, and review periodic reports from the librarian concerning the general operations and functions of the library;

4. To recommend ways to inform the San Rafael community as to the various programs, services, and assistance which the library affords all patrons;

5. To promote intergovernmental cooperation in the development of library services, patronage and usage;

6. To perform such other duties as may be prescribed by the city council.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Library Board shall consist of five (5) voting members. The City Council has the authority to appoint alternates as needed.

Section 2.2. Eligibility. Board members shall be residents of the city of San Rafael.

Section 2.3. Appointment of Board Members. Members shall be appointed by the City Board of Library Trustees Bylaws
Revised June 17, 2024

Council. Appointments shall be published on the website for the City of San Rafael in accordance with Government Code Section 54973, as amended from time to time.

Section 2.4. Terms of Appointment. Each Board member shall serve a minimum term of four (4) years. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Members of the Board shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Board meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Board. Previously dismissed Board members may be eligible for reappointment to the Board. The members of the Board shall be subject to removal by the affirmative vote of three members of the city council.

Section 2.7. Compensation. Board members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. The Board shall meet once per month, unless there is no business to conduct, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

Design Review Board Bylaws

DESIGN REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Design Review Board, hereinafter referred to as the “Board.”
Section 1.2. Purpose. The Board shall serve as an advisory body to the city for the purpose of reviewing and formulating recommendations on all major physical improvements requiring environmental and design review permits, except that an alternate streamlined review process may be allowed for certain eligible projects by ordinance or resolution of the city council. The Board may also serve as an advisory body on other design matters, including minor physical improvements or administrative design permits, referred to the board by the community development director, planning commission or city council. The Board shall provide professional design analysis, evaluation and judgment as to the completeness, competence and appropriateness of development proposals for the use and setting and to recommend approval, approval with conditions, redesign or denial based on design standards adopted by the city council.

Section 1.3. Board Responsibility. The Board’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council. The Board’s authority is advisory only. The Board has no power to act on behalf of the City of San Rafael or any other entity.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Board shall consist of a total of five (5) regular members and may include one alternate member appointed by the city council. The design review board members shall be qualified as follows:

1. At least two (2) members shall be licensed architects or licensed building designers;

2. At least one member shall be a licensed landscape architect;

3. At least one of the five (5) members shall have background or experience in urban design;

4. The alternate member may have qualifications in any of the above fields of expertise; and

5. In addition to the five (5) council-appointed Board members and one alternate member, one planning commissioner shall attend Board meetings. This liaison planning commissioner shall be appointed by the commission chairperson. An additional commissioner shall be appointed to serve as an "alternate liaison" in case of absence. The planning commission liaison should be present at all design review board meetings to offer advice and direction to the board on matters of commission concern.

Alternate Member. The alternate member may temporarily fill a vacancy created when a regular member: (1) leaves office prior to completion of the member's term; (2) cannot Design Review Board Bylaws
Revised June 17, 2024

attend a meeting; or (3) cannot participate on a particular matter due to a conflict of interest.

Section 2.2. Eligibility. Board members shall be residents of the city of San Rafael.

Section 2.3. Appointment of Board Members. Regular voting members and alternate members shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael in accordance with Government Code Section 54973, as amended from time to time.

The liaison Planning Commissioner shall be appointed by the Commission Chairperson.

An additional Commissioner shall be appointed to serve as an “alternate liaison” in case of absence.

Section 2.4. Terms of Appointment. Each Board member shall serve a term of four (4) years. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Members of the Board shall be limited to three (3) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Board meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Board. Previously dismissed Board members may be eligible for reappointment to the Board. The members of the Board shall be subject to removal by the affirmative vote of three members of the city council.

Section 2.7. Compensation. Board Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

Regularly scheduled Board meetings shall be the first and third Tuesday of each month, but these dates may be impacted by holidays. A schedule shall be approved annually by the Board. The Board shall meet once per month. The schedule for the upcoming year will be set by December of the previous year.

Fire Commission Bylaws

FIRE COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Fire Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Fire Commission is to advise and support the goals and objectives of the San Rafael Fire Department as articulated by the Fire Chief.

Section 1.3. Commission Responsibility. The Commission’s authority is advisory only. The Fire Commission has no power to act on behalf of the City of San Rafael or any other entity.

Subject to the direction and control of the city council, as provided in Section 2.04.030 of the San Rafael Municipal Code, the powers and duties of the Fire Commission shall be:

1. To review and recommend concerning the future needs of the fire department in respect to long-range capital needs, including buildings, training facilities, and water mains and hydrant replacements;

2. To review the relationship of the fire department with other governmental agencies and private entities concerning topics which the commission feels present a true and pressing need for the city's fire service, i.e., mutual aid and the fire rating system of the Independent Insurance Office;

3. To recommend to the fire chief and the city council action concerning initial adoption and future amendments to the fire prevention code, the building code, and other such ordinances which pertain to the prevention of fires within the community;

4. To receive monthly reports from the department head concerning the general operations and functions of the department;

5. To perform such other duties as may be prescribed by the city council.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of five (5) members, one of which may be a Councilmember. The City Council has the authority to appoint alternates as needed. The Chief of the fire department shall be an ex officio member of the Commission but shall not be entitled to vote as a member of the Commission.

Section 2.2. Eligibility. Commissioners shall be residents of the city of San Rafael.

Fire Commission Bylaws
Revised June 17, 2024

Section 2.3. Appointment of Commissioners. Commissioners shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael in accordance with Government Code Section 54973, as amended from time to time.

Section 2.4. Terms of Appointment. Each Commissioner shall serve a term of four (4) years. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Commissioners shall be limited to two (2) consecutive fouryear terms. Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commissioners may be eligible for reappointment to the Commission. Commissioners shall be subject to removal by the affirmative vote of three members of the city council.

Section 2.7. Compensation. Commissioners may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. The Commission shall meet once per month, unless there is no business to conduct, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

Pickleweed Advisory Committee Bylaws June 17, 2024 1

PICKLEWEED ADVISORY COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Pickleweed Advisory Committee, hereinafter referred to as the "Pickleweed Advisory Committee," or the “Committee.”
Section 1.2. Purpose. The Pickleweed Advisory Committee provides valuable input in representing and advocating for Canal area resident’s needs and wishes for programs and services; and is a primary public networking resource between the Canal residents, representatives from governmental and non-profit agencies, and others. The Pickleweed Advisory Committee works in conjunction with the City of San Rafael.

Section 1.3. Committee Responsibility. The Pickleweed Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council. The Pickleweed Advisory Committee’s authority is advisory only. The Pickleweed Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity.

The duties of the Pickleweed Advisory Committee shall include the following:

1. The Advisory Committee shall be responsible for advising the Park and Recreation Commission, City Council and City Staff on all matters pertaining to the facilities, programs and services of the Albert J. Boro Community Center and Pickleweed Park;

2. As needed, make recommendations on policies and procedures governing the use of the Albert J. Boro Community Center and Pickleweed Park in accordance with the mission of the City of San Rafael;

3. Assist the City with reviewing and evaluating “Use Agreements for Co-Sponsored Programming” at the Albert J. Boro Community Center and Pickleweed Community Park;

4. Promote the use and support of the Albert J. Boro Community Center and Pickleweed Park within Canal area neighborhood, including working in cooperation with citizen and business organizations, foundations, school districts and other governmental agencies.

5. The Committee shall have no authority to direct, nor shall it direct, City staff, officials or volunteers;
ARTICLE II. MEMBERSHIP
2 Section 2.1. Number of Members. The Pickleweed Advisory Committee shall consist of a total of ten (10) members as follows: seven (7) voting members, one (1) non-voting representative from the Park and Recreation Commission and one (1) non-voting City staff member who will act as the Committee Chairperson. The City Council has the authority to appoint alternates as needed. The City staff member will typically be the Albert J. Boro site supervisor, but in all instances shall be appointed by the City Manager.

Section 2.2. Eligibility. The Committee shall be composed of seven (7) regular voting members which may include up to two (2) youth members, and the City Council has the authority to appoint alternates as needed.. Each shall have the same duties and responsibilities and shall consist of the following:

1. Members of the Committee shall be at least 18 years of age, except for the youth members who shall be a minimum age of a high school 9th grade student

2. At least six (6) regular voting members of the Committee shall reside within the Canal neighborhood

3. One (1) member of the Committee must be a City of San Rafael resident but may reside outside of the Canal neighborhood.

Section 2.3. Appointment of Committee Members. With exception of the representative of the Park and Recreation Commission and City staff, all other regular voting members and alternate member(s) shall be appointed by the City Council.

Appointments shall be published on the website for the City of San Rafael in accordance with Government Code Section 54973, as amended from time to time. The representative from the Park and Recreation Commission will be selected by the Park and Recreation Commission on an annual basis.

Section 2.4. Terms of Appointment. With exception of the representative from the Park and Recreation Commission, each Committee Member shall serve a term of four (4) years. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

The representative from the Park and Recreation Commission shall serve a term of one (1) year, but not more than two consecutive terms. However, if there is a vacancy, the Park and Recreation Commission has the authority to extend the current representative’s term at their discretion.

Section 2.5. Term Limits. Committee Members shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commissioners may be eligible for reappointment to the Commission. Commissioners shall be subject to removal by the affirmative vote of three members of the city council.

Pickleweed Advisory Committee Bylaws June 17, 2024 3
Section 2.9. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. A minimum of five (5) meetings shall be scheduled annually, on a consistent day of the month; the schedule for the upcoming year will be set by November of the previous year; staff will contact the Committee one week prior to scheduled meetings to determine if a quorum will be present; lack of quorum will result in the cancellation of the scheduled meeting.

Planning Commission Bylaws

PLANNING COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Planning Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our long-range General Plan, State laws and other public policies that advance the interests of our community.

Section 1.3. Committee Responsibility. The Commission’s authority is decisionmaking.

It shall be the function and duty of the planning commission to act as a decision-making body on quasi-legislative matters including but not limited to:
• major subdivisions as delegated to the planning commission under Title 15 • conditional use permits delegated to the planning commission • environmental and design review permits delegated to the planning commission
• appeals made by a lower body and appealed to the planning commission It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• General Plan updates and amendments
• Zoning Text and Zoning Map Amendments
• Other land use item requiring City Council action
It shall be the duty of the members of the planning commission, to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, may attend training and planning conferences and the reasonable traveling expenses incidental to the attendances shall be charged upon the funds allocated to the commission.

The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of a total of seven (7) members as follows:

Planning Commission Bylaws
Revised June 17, 2024

- District 1 Representative
- District 2 Representative
- District 3 Representative
- District 4 Representative
- At-large Member
- At-large Member
- At-large Member
Section 2.2. Eligibility. The Commission shall be composed of seven (7) regular voting Members, one commissioner from each district, and three at-large commissioners.

Requirements for eligibility:

1. District Representatives: Each district representative must reside in the district they represent.

2. At-Large Members: Must reside in city limits.

Section 2.3. Term Limits. Members of the Committee shall be limited to three (3) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commission members may be eligible for reappointment to the Commission.

Section 2.5. Compensation. Commissioners may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member..

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Regularly scheduled Commission meetings shall be the second and fourth Tuesday of each month, but these dates may be impacted by holidays. A schedule shall be approved annually by the Commission. The Commission shall meet once per month and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

Police Advisory and Accountability Committee Bylaws

POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Police Advisory and Accountability Committee, hereinafter referred to as the “Committee.”
Section 1.2. Purpose. The purpose of the Committee is to provide input to improve public transparency and accountability with respect to the San Rafael Police Department and provide greater community participation in making recommendations on police department policies, practices, and procedures, including those related to community relations, hiring, and training best practices.

In addition to improving transparency and accountability, the Committee will build points of collaboration between the San Rafael Police Department and the community.

Additionally, the Committee will review data and policies and facilitate authentic community engagement.

Section 1.3. Committee Responsibility. The Committee’s authority is advisory only.

The Committee has no power to act on behalf of the City of San Rafael or any other entity. The Committee does not have power or authority to investigate, review or participate in specific police personnel matters or specific police-related incidents, receive or review complaints initiated against personnel of the San Rafael Police Department, or play any role in civil or criminal litigation.

It shall be the function and duty of the Committee to:
• Act as a sounding board for the Community, City Council, the City Manager, and the Police Department regarding community needs and concerns, as well as provide community feedback to proposed police programs and priorities. • Make recommendations to the City Council regarding police policy, procedures, hiring practices, training, and best practices. • Request data related to SRPD operations, which shall be presented and accessible during public meetings of the Committee to the extent permitted by law.
• Conduct ongoing community outreach and engagement efforts with all communities.
• Public reports detailing the engagement efforts and other work of the committee over the course of the year shall be produced annually at a Police Advisory and Accountability Committee Bylaws

minimum and presented at a City Council meeting to inform the community of the work of the Committee.
• In an effort to foster relationships that promote accountability, transparency, and effectiveness in its work, the Committee will prioritize effective communication and collaboration with SRPD.
• Advise the City Council, the City Manager, the Committee members, and the Police Department on matters associated with the following:

1. Improve the feeling of safety and security.

2. Increase cultural competencies, empathy, and customer service skills.

3. Build trust and improve relationships with the community.

4. Increase diversity of the police department workforce.

5. Improve transparency, communication, and accountability. • Inform themselves on matters affecting the functions and duties of the Police Department and to that end, will participate in training as recommended by the City Council, the City Manager, or the Police Chief or the Committee members.
• Promote community interest and understanding of police operations, policy, priorities and community relations.
• Promote SRPD understanding of the priorities and requests of community members.
• The Committee shall adopt rules for the transaction of business and shall keep a record of its transactions, findings, and determinations, which records shall be a public record.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Committee shall consist of a total of seven (7) regular voting members, at least one (1) shall be a youth member between the ages of 17-26, and two (2) alternates.

Section 2.2. Eligibility. The seven (7) voting Committee members, and any alternate, must be City of San Rafael residents who are at least 18 years old (except for one youth member between the ages of 17-26).

Section 2.3. Term Limits. Members of the Committee shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Police Advisory and Accountability Committee Bylaws
Revised June 17, 2024

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison, or six absences (whether excused or unexcused) in any term shall be considered a voluntary resignation from the Committee. Previously dismissed Committee members may be eligible for reappointment to the Committee.

Section 2.5. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. The Committee shall meet every month, on a consistent day of the month, and shall be scheduled annually. Meetings may be cancelled as needed.

The regular meeting schedule for the upcoming year will be set by December of the previous year.

PUBLIC ART REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Public Art Review Board, hereinafter referred to as the "Public Art Review Board," or the “Board.” Section 1.2. Purpose. The Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations.

Section 1.3. Committee Responsibility. The Public Art Review Board’s authority over long-term art proposals (greater than one year) is advisory only and the Board will issue a recommendation to City Council to approve or reject a proposal. For shortterm art proposals, the Public Art Review Board has the authority to approve exhibitions. At staff’s discretion, certain short-term projects may be required to obtain City Council approval, depending on project impact.

The Public Art Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council.

The responsibilities and duties of the Public Art Review Board shall be as follows:

1. Work with Staff in the review and approval of public art projects.

2. Review all proposals for public art and recommend select projects to City Council for approval.

3. Monitor the overall development of public art projects, encouraging balance over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

4. Provide opportunities for community input and resident participation.

5. To use the following Public Art Review Criteria in evaluating all public art proposals:
a. Project Readiness: Projects can demonstrate readiness through completeness of design, skill/experience of the artist(s) or project manager(s), secured funding for art piece and cost of installation, successful community engagement, identification of an appropriate site, and proposed schedule. The Public Art Review Board may encourage an applicant to reapply, if they deny a proposal as not sufficiently ready but with specific promise to demonstrate future readiness. b. Qualifications: Artists, artist teams, or project manager must be able to demonstrate, through past work – as evidenced in a resume, portfolio, and reference – their ability to create quality artwork and act with the utmost professionalism. In most cases, artists have considerable training and experience working professionally at and have been compensated for their art. For certain projects, the City will consider emerging or non-professional artists, who are working under the guidance of a professional mentor or art teacher.
c. Funding: Projects should have a funding source identified and project implementation will be contingent upon receipt of full funding for the project. The City does not provide project funding for public art. d. Community Engagement: Proposed projects that have completed their own public engagement process will be prioritized.
i. For long-term projects (installation planned for more than one (1) year): A minimum of one (1) public meeting and three (3) letters of support are recommended. Successful public meetings might involve the local homeowner’s association (HOA), neighborhood associations, or business owners. The Public Art Review Board must be informed of these meetings ahead of time and allowed to opportunity to attend.
ii. For short-term projects that are viewable within the public rightof-way: A minimum of two (2) letters of support is recommended. iii. In both instances, it is recommended that one of the letters of support be from the local homeowners’ association (HOA) or neighborhood association, if applicable.
iv. Short-term projects inside a public facility are not required to conduct community engagement, outside of that undertaken through the Public Art Review Board process.
e. Maintenance: Works of art will have reasonable maintenance requirements and these requirements shall be compatible with routine City maintenance procedures. For projects that require more maintenance than current City budgets and staffing allow or a specific expertise, the project must set aside sufficient maintenance funding for the duration of the project and must develop an agreement for maintenance to be performed by private parties, as approved by City staff.
f. Design: Works of art will be designed in consideration of the relevance and appropriateness of the work to the context of the site and in alignment with public safety and decency.
i. The artwork will not portray themes that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability. The artwork will not contain content, signage, names, logos, or subject matter that could be construed as advertising or as religious or sexual in nature nor will it promote a political candidate or include political text. Any content considered obscene or indecent by community
standards will be denied.
ii. The design of the artworks will take into consideration issues associated with public spaces such as security, theft, vandalism, etc.
iii. The design of the artworks will consider the specific needs and use patterns of the public space in which they will be located. For example, in parks, works of art will not block critical view corridors or impede public usage of key open space.
g. Diversity: Artists and the City's public art collection should reflect the diversity of San Rafael’s community. The Public Art Review Board shall monitor the overall development of public art projects, encouraging balance in the City’s collection over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Public Art Review Board shall consist of five (5) voting members as follows: three (3) at-large members, one (1) representative from the Design Review Board, and one (1) representative from the Park and Recreation Commission. The Councilmember in whose district the public art is proposed will participate as a non-voting liaison to the City Council as part of the selection process.

Section 2.2. Eligibility. Members of the Committee shall be at least 18 years of age and reside within the City limits. The three (3) at-large members shall reflect the diversity of San Rafael, with professional qualifications in the visual arts and/or civic design, such as artists, architects, landscape architects, arts educators, arts administrators, urban designers, urban planners, or owners/managers of a creative business.

Section 2.3. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member..

Section 2.4. Appointment of Committee Members. The representatives from the Design Review Board and the Park and Recreation Commission will be selected by the Design Review Board and the Park and Recreation Commission, respectively, on a biannual basis. The at-large members will be selected by the City Council.

Section 2.5. Terms of Appointment. The at-large Board members will serve a maximum of two (2) four (4) year terms. The representatives from the Design Review Board and the Park and Recreation Commission shall serve a term of two (2) years, but not more than two consecutive terms. However, if there is a vacancy, the Design Review Board and the Park and Recreation Commission have the authority to extend the current representative’s term at their discretion. Board Members serve at will and are subject to appointment and/or removal at the discretion of City Council.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison, or six absences (whether excused or unexcused) in any term, shall be considered a voluntary resignation from the Committee. Committee members who had previously resigned may be eligible for reappointment to the Committee.

Section 2.7. Conflict of Interest. A member of the Board who has a financial, business, familial or romantic relationship regarding a matter coming before the Board shall disqualify themself from all participation in that matter.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Public meetings shall be held a minimum of four (4) times per year but may meet more frequently or on an ad hoc basis, as needed. Quarterly meetings shall be scheduled annually with the quarterly meeting schedule for the upcoming year will be set by November of the previous year.

Revised June 17, 2024
Voter Approved Tax Oversight Committee Bylaws

VOTER APPROVED TAX OVERSIGHT COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Voter Approved Tax Oversight Committee, hereinafter referred to as the “Committee.” Section 1.2. Purpose. The Committee’s purpose is to review the collection and expenditure of voter approved tax revenues collected under the authority of voter-approved City tax measures and Resolution 15118 adopted by the San Rafael City Council on September 6, 2022.

Section 1.3. Committee Responsibility. The Committee’s authority is oversight only.

The responsibilities and duties of the Committee shall be limited to:

1.2 Review expenditures of Measure tax revenues to ensure the monies have been expended in accordance with the authorized municipal purposes of each Measure.

To complete this review, the Committee shall:

1.2.1 Understand allowable expenses of each existing Measure’s tax funds (as identified in the enacting Municipal Ordinance)

1.2.2 Review documentation from City Council and from City Council-appointed advisory committees that pertain to the prioritization of use of each Measure’s tax funds.

1.2.3 Review annual reports prepared by the City’s Finance Department that track the receipt and spending of each Measure’s tax funds.

1.2.4 Prepare and submit to the City Council and the community an annual public report on the expenditures of each Measure’s tax revenues for the previous fiscal year.

1.2.5 Fulfill the final responsibilities of each Measure’s responsibilities at the Measure’s termination, repeal or extension: Before submitting a final report:

Review and report on the final expenditures of each Measure during the previous fiscal year, through its termination, to ensure that monies have been expended consistent with the authorized purposes of the Measure.

The Committee shall not:

1. Have any budgetary decision authority, shall not allocate financial resources, and shall not make budget or service recommendations to the City Council.

2. Have authority to direct, nor shall it direct, City staff or officials.

Voter Approved Tax Oversight Committee Bylaws
Revised June 17, 2024

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Voter Approved Tax Oversight Committee shall consist of five (5) voting members.

Section 2.2. Eligibility. Members of the Committee shall be at last 18 years of age and reside within the City limits.

Section 2.3. Appointment of Committee Members. Members shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael in accordance with Government Code Section 54973, as amended from time to time.

Section 2.4. Terms of Appointment. Each member shall serve a minimum term of four (4) years. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year.

Section 2.5. Term Limits. Members shall be limited to two (2) consecutive four-year terms.

Additional terms may be served if there is a break between terms.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison will constitute an immediate vacancy and shall be considered a voluntary resignation from the Committee. Previously dismissed Committee members may be eligible for reappointment.

Section 2.7. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. _ _ _

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

SAN RAFAEL SUCCESSOR AGENCY AGENDA REPORT
Department: Finance
Prepared by: Paul Navazio, Finance Director
Shawn Plate, Finance Manager
City Manager Approval:

TOPIC: AGENCY DISSOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER SAN

RAFAEL REDEVELOPMENT AGENCY
SUBJECT: RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF SAN RAFAEL IN THE MATTER OF APPROVING

A REQUEST TO FORMALLY DISSOLVE THE SUCCESSOR AGENCY
RECOMMENDATION:

Adopt a resolution formally requesting dissolution of the Successor Agency to the former San Rafael Redevelopment Agency.

BACKGROUND:

On December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case, finding Assembly Bill X1 26, eliminating redevelopment agencies in California, largely constitutional. The Court’s decision meant that all California redevelopment agencies, including the San Rafael Redevelopment Agency, were dissolved on February 1, 2012.

On January 3, 2012, the San Rafael City Council elected to act as the Successor Agency for the former San Rafael Redevelopment Agency. The Successor Agency then held the former Redevelopment Agency’s unobligated funds. It was charged with the responsibility of paying off the former Redevelopment Agency’s existing debts, disposing of the former Redevelopment Agency’s properties and assets to help pay off debts and return revenues to the local government entities that receive property taxes, and winding up the affairs of the former Redevelopment Agency.

Per Health and Safety Code (HSC) section 34187, the Successor Agency must submit to the Oversight Board, with a copy of the request to the County Auditor-Controller, a request to dissolve once the following three conditions have been met:
• All of the enforceable obligations on the Recognized Obligation Payment Schedule have been retired or paid off
• All real property has been disposed of pursuant to HSC section 34181 or 34191.4 • All outstanding litigation has been resolved
Agenda Item No: SA 1.a
Meeting Date: June 17, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

Staff has confirmed that all three conditions precedent to the dissolution of the Successor Agency have been met with the final, enforceable obligation paid off on December 1, 2022. Additionally, there is no outstanding litigation, and all real property has been disposed of in accordance with HSC section 34181 or 34191.4 as a result of Resolution 2016-02, adopted June 20, 2016.

FISCAL IMPACT:

There is no fiscal impact to adopting the resolution.

OPTIONS:

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

1. Adopt the resolution.

2. Adopt a modified resolution.

3. Do not adopt the resolution.

RECOMMENDED ACTION:

Adopt a resolution formally requesting dissolution of the Successor Agency to the former San Rafael Redevelopment Agency.

ATTACHMENT:

1. Resolution
4885-8590-5863 v2
RESOLUTION NO.

WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos (“Matosantos”), finding Assembly Bill X1 26 (the “Dissolution Act”) largely constitutional; and WHEREAS, under the Dissolution Act and the California Supreme Court’s decision in Matosantos, all California redevelopment agencies, including the San Rafael Redevelopment Agency of the City of San Rafael (“Former Agency”), were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, on January 3, 2012 the City Council of the City of San Rafael (the “City”), acting in a separate limited capacity and known as the Successor Agency to the former San Rafael Redevelopment Agency (the “Successor Agency”), elected to serve as the successor agency to the Former Agency as defined in the Dissolution Act; and WHEREAS, pursuant to Dissolution Act (with particular reference to the Health and Safety Code (HSC) Section 34179), the Oversight Board was formed to oversee the activities of the Successor Agency; and
WHEREAS, in accordance with HSC Section 34187(b), when all enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to HSC 34181 or 34191.4, and all outstanding litigation has been resolved, a successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the County Auditor–Controller, to formally dissolve the successor agency. The oversight board shall approve the request within 30 days, and shall submit the request to the Department of Finance; and WHEREAS, the City Council, acting as the Governing Board of the Successor Agency, has been provided substantial evidence that all enforceable obligations have been paid off, all real property assets have been disposed of pursuant to HSC 34181 or 34191.4, and all outstanding litigation has been resolved pursuant HSC 34187(b; and WHEREAS, the Dissolution Act (with particular reference to the HSC Section 34187(b)) provides that the Oversight Board is to approve of the request by the Successor Agency for dissolution and direct disposal of all remaining assets; and WHEREAS, the staff report and attachments accompanying this resolution (“Staff Report”), contains additional information and documentation upon which the findings and action set forth in this Resolution are based; and
NOW, THEREFORE, BE IT RESOLVED by the City Council, acting as the Governing Board of the Successor Agency, that the recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

A RESOLUTION OF THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

OF THE CITY OF SAN RAFAEL

IN THE MATTER OF APPROVING

A REQUEST TO FORMALLY DISSOLVE THE SUCCESSOR AGENCY
4885-8590-5863 v2
BE IT FURTHER RESOLVED, that all necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with State law.

BE IT FURTHER RESOLVED, that the City Council acting as the Governing Board to the Successor Agency hereby finds and determines that, based upon substantial evidence provided by the Successor Agency, that the Successor Agency has completed its prescribed obligations under HSC 34187(b) and approves the request to formally dissolve the Successor Agency as appropriate under State law.

BE IT FURTHER RESOLVED, that subject to approval of the County Oversight Board and Department of Finance (as needed), the Successor Agency is hereby directed to dispose of all remaining assets and any proceeds remitted to the County AuditorController for distribution to the taxing entities.

BE IT FURTHER RESOLVED, that the City Manager as Executive Director of the Successor Agency or designee is authorized to take such additional actions as the County Oversight Board and Department of Finance may require in order to obtain approval for dissolution.

BE IT FURTHER RESOLVED, that the City Council acting as the Governing Board hereby directs the Successor Agency’s Secretary to transmit a copy of this Resolution to the Oversight Board (with an additional copy to the County Auditor-Controller) to formally request to dissolve the Successor Agency.

BE IT FURTHER RESOLVED, that the approval of this Resolution does not commit the City or the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act.

BE IT FURTHER RESOLVED, that if any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its adoption.

I, Lindsay Lara, Secretary to the Successor Agency, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael Successor Agency, held on Monday, the 17th day of June 2024, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________________
Lindsay Lara, City Clerk