AGENDA
SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, JUNE 15, 2026 AT 5:30 P.M.
In-Person:
City Hall Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Webinar: https://tinyurl.com/city-council-2
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
Members of the public may speak on Agenda Items.
CONSENT CALENDAR:
1. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of June 1, 2026 (CC) Recommended Action - Approve Minutes as submitted
b. Zoning Code Amendments to Add Clarifying Language and Simplify Existing Zoning Regulations
Final Adoption of Ordinance 2064: An Ordinance of the City of San Rafael Amending the San Rafael Zoning Ordinance, San Rafael Municipal Code, Title 14, Division I General Provisions, Chapter 14.03 Definitions, Section 14.03.030 Definitions as well as Division V Administrative Regulations, Chapter 14.28, Sections 14.28.010-14.28.080 and Finding that this Action is Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) (CC)
Recommended Action – Final Adoption of Ordinance No. 2064 c. Professional Services Agreement for Legal Services
Resolution Authorizing the City Manager to Execute a Professional Services Agreement in an Amount Not to Exceed $585,000 with Burke, Williams & Sorensen, LLP for Legal Services (CA)
Recommended Action – Adopt Resolution
d. Construction Vehicle Impact Fee Repeal
Resolution Repealing the Construction Vehicle Impact Fee and Authorizing the Community & Economic Development Director to Settle Any Timely-Filed Fee Protests Related to Construction Vehicle Impact Fees for Projects that Have Not Paid the Fee (CED)
Recommended Action – Adopt Resolution
e. Camping Regulations Evaluation and Proposed Changes
Enforcement Update of San Rafael Municipal Code (“SRMC”) Chapter 19.50, “Camping on Public Property”; Adoption of a Resolution Prohibiting Camping Along Andersen Drive Pursuant to SRMC § 19.50.030(b); CEQA Determination: Exempt Pursuant to CEQA Guidelines 15061(b)(3); 15307; 15308 and Accept Report on Administrative Interpretation of “Public Facility” and “Park” Under SRMC § 19.50.030(a)(1),(3) (CM) Recommended Action – Receive Update, adopt Resolution, and accept Report f. Title VI (Non-Discrimination) Plan
Resolution Approving a Title VI Plan (CM)
Recommended Action – Adopt Resolution
g. Marinwood Community Services District and San Rafael Fire Departments Resolution Authorizing the City Manager to Execute a Second Amendment to the Joint Exercise of Powers Agreement Between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing (CM/FD)
Recommended Action – Adopt Resolution
h. Report on 2025 Fire Prevention Inspections of Certain Occupancies Resolution Acknowledging Receipt of a Report Made by the Fire Chief/Fire Marshal Regarding the Fire Prevention Inspections of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code for Calendar Year 2025 (FD)
Recommended Action – Adopt Resolution
i. Paramedic Tax Rate for Fiscal Year 2026-27
Resolution Maintaining Paramedic Service Special Tax Rates at their Current Levels for Fiscal Year 2026-27 (FD)
Recommended Action – Adopt Resolution
j. Proclamation
Proclamation in Recognition of Designation of July 2026 as Park & Recreation Month (LR)
Recommended Action – Receive and file
k. Cooperative Agreement By and Between the City of San Rafael and the County of Marin for the Point San Pedro Slurry Seal Project
Resolution Authorizing the City Manager to Negotiate and Execute a Cooperative Agreement By and Between the City of San Rafael and the County of Marin, and Approving the Plans and Specifications for the Point San Pedro Road Slurry Seal Project (PW)
Recommended Action – Adopt Resolution
l. Storm Drain Maintenance Environmental Compliance, and Permitting Project Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Dudek to Provide Environmental Services for the Storm Drain Maintenance Environmental Compliance, and Permitting Project in the Amount Not to Exceed $249,521 (PW)
Recommended Action – Adopt Resolution
m. Special Tax on Properties at Loch Lomond 10 - Mello-Roos District No. 1992-1 Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch Lomond No. 10) for Fiscal Year 2026-27 (PW)
Recommended Action – Adopt Resolution
n. The Village at Loch Lomond Marina – Mello-Roos District No. 2 Resolution Setting the Special Tax for City of San Rafael Community Facilities District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2026-27 (PW) Recommended Action – Adopt Resolution
ADJOURNMENT:
Any records relating to an agenda item, received by a majority or more of the Council less than 24 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting.
Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/.
Minutes subject to approval at the June 15 meeting
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 1, 2026
REGULAR MEETING AT 6:00 P.M.
San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Webinar: https://tinyurl.com/city-council-1
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 863-4489-1398#
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.
If you experience technical difficulties during the meeting, please contact [email protected].
Present: Councilmember Bushey
Councilmember Hill
Vice Mayor Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
Also Present: Interim City Manager Paul Navazio
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:00 p.m. and invited City Clerk Lindsay Lara to call the roll.
Mayor Kate provided opening remarks which included the Pride flag raise held earlier, gratitude to City Staff, the City’s quarter one employee (Lynette Starnes, Police Department) and team of the quarter (Police Department Communications Dispatcher Team), tomorrow is last day to vote, and a land acknowledgment.
City Clerk Lindsay Lara informed the community that there would be Spanish language interpreting available for agenda item 4.a. She announced the in-person meeting would be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.
OPEN TIME FOR PUBLIC EXPRESSION – 10 MINUTES
• Claire Taylor addressed the City Council regarding the Starkweather path lighting project 2 • Susan Levine addressed the City Council regarding the Starkweather path lighting project • Corey Sias addressed the City Council regarding the Starkweather path lighting project • Reva Revas addressed the City Council regarding the Starkweather path lighting project • Mark Fallows addressed the City Council regarding the Starkweather path lighting project CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
1. City Manager and Councilmember Reports:
Interim City Manager Paul Navazio provided the following announcements and updates:
• Election Day is tomorrow, Tuesday, June 2 - Voting Centers open until 8 p.m. • Survey (accessible on City website) seeking broad community input for new Albert Park Library and Community Center
• Terra Linda Pool is open for the season – Season Passes now available • Seeds of Hope Luncheon to be held on Monday, June 8, Al Boro Community Center, 11 a.m.
• City Council Study Session on Housing (Part 2) to be held on Thursday, June 4, City Hall, 5 p.m.
City Councilmember Reports:
• Vice Mayor Kertz reported on a Homeless Subcommittee meeting and a County Priority Services Setting Committee meeting.
• Councilmember Bushey reported on a Central Marin Sanitation Agency meeting, a Transportation Authority of Marin meeting, and a Marin Transit Authority meeting. • Councilmember Llorens Gulati reported on a Marin Transit Authority meeting, a Marin Clean Energy Board meeting, a Canal Promise Neighborhood Steering Committee meeting, a Marin County Sea Level Rise BayWAVE Committee meeting, and a Canal Futbol Club vision meeting at Canal Alliance.
• Councilmember Hill reported on a Marin County Council of Mayors and Councilmembers meeting held at Homeward Bound.
• Mayor Kate reported on a San Rafael Sanitation District meeting, a Sonoma-Marin Area Rail Transit (SMART) meeting, and a Marin Wildfire Prevention Authority meeting.
Mayor Kate invited public comment.
Speakers: Al Vetere, Sherna Deamer, Mark Fallows
CONSENT CALENDAR:
2. Consent Calendar Items:
Mayor Kate invited public comment; however, there was none.
Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to approve the Consent Calendar.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
3 a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of May 18, 2026 (CC) Approved Minutes as submitted
b. 2026 General Municipal Election
Resolution Calling and Giving Notice of By-District Elections for Districts 2/Western and 3/Eastern, and San Rafael Board of Education Trustee Area Elections for Areas 2, 4 & 5 to Be Held on November 3, 2026, Requesting the Marin County Board of Supervisors to Consolidate with Any Other Election Conducted on Said Date, and Requesting Election Services (CC)
Adopted Resolution 15556
c. Proclamations
Proclamations Recognizing Juneteenth, Pride Month, and National Gun Violence Awareness Day
Received and filed
d. FY 2026-27 Road Maintenance and Rehabilitation Account Projects, Funded by Senate Bill 1 Resolution Adopting a List of Projects for Fiscal Year 2026-27 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017: CEQA Determination: Exempt Pursuant to CEQA Guideline 15378(b)(5) and 15061(b)(3) (PW)
Adopted Resolution 15557
e. Caltrans Project Specific Maintenance Agreement
Resolution Approving and Authorizing the City Manager to Execute the Project Specific Maintenance Agreement with Caltrans for the SR-129 (Redwood Highway) Trash Capture Device Project, City Project No. C441145610 (“Project”); CEQA Determination: Exempt Pursuant to CEQA Guideline 15378(b)(5) (PW)
Adopted Resolution 15558
f. Baypoint Lagoons Assessment District
Baypoint Lagoons Landscaping and Lighting Assessment District Annual Assessment FY 2026-27 (PW):
i. Resolution Directing the Filing of Engineer’s Annual Report FY 2026-27 Adopted Resolution 15559
ii. Resolution Approving Engineer’s Annual Report FY 2026-27 Adopted Resolution 15560
iii. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of June 15, 2026 Adopted Resolution 15561
g. Point San Pedro Road Median Landscaping Assessment District Point San Pedro Road Median Landscaping Assessment District Annual Assessment FY 2026-27 (PW):
i. Resolution Directing Filing of Engineer’s 2026-27 Annual Report Adopted Resolution 15562
ii. Resolution Approving Engineer’s 2026-27 Annual Report 4 Adopted Resolution 15563
iii. Resolution of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of June 15, 2026 Adopted Resolution 15564
PUBLIC HEARINGS
3. Public Hearings:
a. Zoning Code Amendments to Add Clarifying Language and Simplify Existing Zoning Regulations
Introduction of An Ordinance to Amend the San Rafael Zoning Code, San Rafael Municipal Code, Title 14, Division I General Provisions, Chapter 14.03 Definitions, Section 14.03.030 Definitions as Well as Division V Administrative Regulations, Chapter 14.28, Sections 14.28.010-14.28.080., and to Find CEQA Determination:
Exempt Pursuant to 15061(B)(3) (CED)
Planning Manager Margaret Kavanaugh-Lynch presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there were none.
Councilmembers provided comments.
Vice Mayor Kertz moved and Councilmember Hill seconded to introduce the Ordinance, waive further reading, and refer to it by title only.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Introduced the Ordinance, waived further reading, and referred to it by title only The City Clerk read the title of the Ordinance:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL ZONING ORDINANCE, SAN RAFAEL MUNICIPAL CODE, TITLE 14, DIVISION I GENERAL PROVISIONS, CHAPTER 14.03 DEFINITIONS, SECTION 14.03.030
DEFINITIONS AS WELL AS DIVISION V ADMINISTRATIVE REGULATIONS, CHAPTER
14.28, SECTIONS 14.28.010-14.28.080 AND FINDING THAT THIS ACTION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15061(B)(3)
b. Amendment to the General Plan’s Safety and Resilience Element Resolution Adopting an Amendment to Safety and Resilience Element of the General Plan 2040 to Continue to Meet the Goals of Assembly Bill (AB) 2140 (2006), and Finding that this Action is Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(A), and 15061(B)(3) (CED) Planning Manager Margaret Kavanaugh-Lynch presented the Staff Report. 5 Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there were none.
Councilmembers provided comments.
Councilmember Hill moved and Councilmember Llorens Gulati seconded to adopt a Resolution adopting an Amendment to Safety and Resilience Element of the General Plan 2040 to continue to meet the goals of Assembly Bill (AB) 2140 (2006), and finding that this action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15378(A), and 15061(B)(3).
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15565
OTHER AGENDA ITEMS
4. Other Agenda Items:
a. Sea Level Rise Feasibility Study
Presentation on the Sea Level Rise Feasibility Study (CM) Climate Adaptation and Resilience Planner Kate Hagemann presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Corey Sias, John Rising, Marina Palma, Miles Smith, Sustainable San Rafael, Jessie Rountree, Greenbelt Alliance, Elizabeth Rodriguez, Voces del Canal, Carly Finkle, Canal Alliance, Bill Carney, Sustainable San Rafael, Claire Taylor, Carlos, Voces del Canal/Canal Alliance, Noah Bugbee
Staff responded to questions from public comment.
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to receive the presentation on the Sea Level Rise Feasibility Study.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Received presentation
Mayor Kate called a recess at 8:04 p.m., and called the meeting back to order at 8:15 p.m. 6 b. Brown Act Updates and Teleconferencing Provisions
Resolution Authorizing Hybrid City Council Meetings Effective July 1, 2026, and Adopting a Technology Disruption Policy, Multilingual Agendas & Participation Policy, and Disruptive Behavior in Public Meetings Policy to Implement Senate Bill 707 (Durazo) (CC)
City Clerk Lindsay Lara presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speaker: Matt Butler
Staff responded to further questions from the City Council.
Councilmembers provided comments.
Vice Mayor Kertz moved and Councilmember Llorens Gulati seconded to adopt a Resolution authorizing hybrid City Council meetings effective July 1, 2026, and adopting a Technology Disruption Policy, Multilingual Agendas & Participation Policy, and Disruptive Behavior in Public Meetings Policy to implement Senate Bill 707 (Durazo).
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15566
c. City Council Three-Year Strategic Plan Implementation Update and Performance Metrics
Report on City Council Three-Year Strategic Plan Implementation and Performance Metrics (CM)
Assistant City Manager John Stefanski and Digital Service and Open Government Director Sean Mooney presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Gregory Andrew, Marianne Naanestad, Craig Murray, Civic Center Arms, Bill Carney, Sustainable San Rafael
Staff responded to questions from public comment.
Councilmembers provided comments.
7 Councilmember Llorens Gulati moved and Vice Mayor Kertz seconded to receive the report on City Council Three-Year Strategic Plan Implementation and Performance Metrics.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Received report
OPEN TIME FOR PUBLIC EXPRESSION CONTINUED
• Craig Murray addressed the City Council regarding maintenance along Merrydale Road.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 10:31 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2026
_____________________________________
KATE COLIN, Mayor
4929-5154-7032 v1
ORDINANCE NO. 2064
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL ZONING ORDINANCE, SAN RAFAEL MUNICIPAL CODE, TITLE 14, DIVISION I GENERAL PROVISIONS, CHAPTER 14.03 DEFINITIONS, SECTION 14.03.030
DEFINITIONS AS WELL AS DIVISION V ADMINISTRATIVE REGULATIONS, CHAPTER 14.28, SECTIONS 14.28.010-14.28.080 AND FINDING THAT THIS ACTION
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, Title 14 is of the San Rafael Municipal Code (SRMC) shall be known and cited as the San Rafael Zoning Ordinance; and
WHEREAS, through daily use City staff have identified sections in the Zoning Ordinance in need of correction, deletion and clarification; and WHEREAS, City staff presented proposed amendments to the Zoning Ordinance to the San Rafael Planning Commission on March 10, 2026 and April 14, 2026 to address the above-referenced issues; and
WHEREAS, staff has incorporated feedback provided by the Planning Commission in updated amendments to the Zoning Ordinance for the City Council’s consideration; and
WHEREAS, the City has complied with all noticing requirements for an Amendment to the San Rafael Municipal Code; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community and Economic Development Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. Findings.
The City Council hereby determines and finds that all of the facts and statements contained in the recitals herein, and the findings of Planning Commission Resolution No. 26-04, adopted April 14, 2026, recommending to the City Council adoption of this Ordinance, are true and correct.
DIVISION 2. CEQA Determination.
The Council hereby finds that the Zoning Code Amendments are exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed amendments are revisions minor in 4929-5154-7032 v1
nature and do not authorize any new development and therefore no impact to the environment is anticipated.
DIVISION 3. Amendment to Title 14 of the San Rafael Municipal Code.
Title 14 of the San Rafael Municipal Code is hereby amended as shown below, with additions in underline and deletions in strikethrough:
Title 14
Division I - GENERAL PROVISIONS
Chapter 14.03 - DEFINITIONS
Section 14.03.030 - Definitions.
"A.M. peak hour" means the number of vehicular traffic movements entering and exiting a site during the highest volume consecutive sixty (60) minutes in the a.m. peak period from seven a.m. (7:00 a.m.) to nine a.m. (9:00 a.m.) on the local street system. "Accessory dwelling unit" ("ADU") means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the following: an efficiency unit, a manufactured home, as defined in Section 18007 of the Health and Safety Code. A junior accessory dwelling unit is considered an ADU subject to additional defined standards. An ADU is not considered to exceed the allowable density for the lot upon which it is located. An ADU is considered a residential use consistent with the general plan and zoning designation for the lot. "Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building and use that requires a foundation or structural support on the ground. Accessory structures include, but are not limited to, garages/carports, gazebos, greenhouses, storage sheds, freestanding solar panel arrays, small wind energy systems, cabanas, studios, sport courts, spas, hot tubs and pools. Accessory structure would not include a "tree house" that does not have a foundation support on the ground or require a building permit. See also "Accessory dwelling unit".
"Accessory use" means a use clearly subordinate or incidental and directly related to a permitted use or conditionally permitted use. The general thresholds for considering whether a use is an accessory use include whether the: a) floor area dedicated to the use is less than twenty-five percent (25%) of the total area; b) amount of business, revenue or activity generated by the use is less than twenty-five percent (25%) of the main use; c) hours of operation and intensity of operation are similar to the primary use; and d) uses are composed in separate and demised tenant spaces.
"Addition" means a structure added to the original structure at some time after the completion of the original.
"ADU" see definition for "Accessory Dwelling Unit."
4929-5154-7032 v1
"Affordable housing unit(s)" means those dwelling units as described herein which are required to be rented at affordable monthly rents to very-low, low, and moderateincome households, or purchased at an affordable sales price to low and moderateincome households. "Affordable monthly housing cost" for ownership units means that no more than thirty-three percent (33%) of household income is required for total housing cost including principal and interest payment on the mortgage, private mortgage insurance payments, property taxes, property insurance and homeowners' association dues. "Affordable monthly rent" means the monthly rental rate plus a utility allowance for tenant-paid utilities as determined by the Marin Housing Authority that together does not exceed thirty percent (30%) of the monthly income of the specified income level. "Affordable sales price" means the sales price for an affordable ownership unit as set forth in the below market rate housing agreement between the city and the developer. “Alcoholic Beverage Sales” means the retail sale of alcoholic beverages for on-site or off-site consumption, including liquor stores, convenience food stores, markets, taverns, bars, restaurants with bars, and beverage tasting facilities that sell alcoholic beverages for off-site consumption. This does not include restaurants, which serve alcoholic beverages as part of a meal, or the sale of alcoholic beverages for off-site consumption as part of a gift basket where the sale of alcohol within a gift basket is clearly incidental to the primary retail gift store use.
“Alley” means a public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
"Alteration" means any change or modification in construction. “Amusement Device” means a machine which, upon payment, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of money, coins, tokens or merchandise. "Animal care facility" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services.
"Animal keeping" or "keeping of animals" means the ownership, possession, custody, control or sheltering of an animal for fourteen (14) or more consecutive days, by any person on private property for noncommercial purposes.
"Antenna" means any system of poles, panels, rods, reflecting dishes, wires or similar devices used for the transmission or reception of electromagnetic waves or signals. "Antenna structure" means an antenna array and its associated support structure, such as a monopole or tower.
"Antenna, building-mounted" (also known as facade-mounted) means any antenna mounted to a building or rooftop equipment screen that transmits or receives electromagnetic signals.
4929-5154-7032 v1
"Antenna, ground-mounted" means any antenna which is attached or affixed to a freestanding support structure which has its base placed directly on the ground, specifically including, but not limited to, monopoles or towers. "Atrium" means a covered entryway or central courtyard, typically open through two (2) or more floor levels, which is nonleasable space and which does not include enclosed stairways, elevators, hallways or similar area.
"Awning sign" means a sign placed on the face or surface of an awning. "Banks and financial services" means financial institutions including uses such as banks and trust companies, check cashing, credit unions, foreign currency, holding (but not primarily operating) companies, home loan services, lending and thrift institutions, money wiring, mortgage brokers, other investment companies, securities/commodity brokers, contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing.
"Banner" means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement. "Bed and breakfast inn" means establishments offering lodging on a less than weekly basis, typically in a converted single-family dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen.
Billiards. See "Poolhall."
"Boarding house" means a structure or portion thereof where rooms and/or meals for three (3) or more nontransient guests are provided for compensation. Such rooms do not include complete cooking and sanitary facilities. Includes single-room occupancy development. Excludes the bona fide sharing of the rent or ownership costs of housing and/or the sharing of expenses for meals.
"Boat docking facility" means a fixed structure, typically made of wood or concrete, connected to land which is used to secure boats and provide dry pedestrian access to land.
"Bonus trip allocation" means nonparcel-specific "extra" trips that are reserved for developments providing significant amounts of affordable housing or needed neighborhood, serving commercial or other specified uses for public benefit. "Brew pub" means an establishment where beer, ale or malt liquors are produced and served to customers. May also include restaurant services. “Brew Pub” means authorization of the sale of beer, wine, and distilled spirits for consumption at a bona fide eating place plus allows for the brewing of up to 60,000 barrels of beer, per year. A brewpub-restaurant licensee may, at the licensed premises, sell beer produced and packaged by the licensee to consumers for consumption off the premises.
All alcohol -related uses are subject to the approval of the California Department of Alcohol Beverage Control.
"Buffer" means a land area used to separate and/or protect one use from another, or to shield or block noise, lights, or other nuisances.
4929-5154-7032 v1
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
"Building stepback" means a limitation on the height of structures within the building envelope which is required to avoid excessive building bulk viewed from downhill lots and front and street side elevations.
“Business sales and service” means the retail sales of items which are related, supportive or complimentary to office uses. Examples include, but are not limited to, sales of the following: computers; office furniture (sales or rentals); office supply and business machine shops.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
"Cannabis delivery" means the commercial transfer of medicinal cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform. This sort of use is regulated by the State of California as a Type 9 Cannabis license.
"Cannabis distribution distributor" purchases, sells, arranges for testing, conducts quality assurance review of packaging and labeling, stores/warehouses and transports cannabis goods between medicinal licensees.
"Cannabis manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Manufacturing includes the processes of extraction, infusion, packaging or repackaging, and labeling or relabeling of cannabis products. "Cannabis testing/lab" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products (either medicinal and adult use) as further defined in SRMC 10.96.040. This sort of use is regulated by the State of California as a Type 8 Cannabis license.
"Caretaker's residence" means a dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by a guard or caretaker. "Carport" means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than two (2) sides. “Cemetery, Mausoleums” means an interment establishment engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and fullservice mortuaries and funeral parlors accessory to a cemetery or columbarium. 4929-5154-7032 v1
"Changeable copy sign" means a sign which, in part or whole, provides for periodic changes in the sign copy. Examples include signs for an auditorium, theater, church, meeting hall or similar use having changing programs or events, but do not include electronic reader board signs. Signs on which the only change is a periodic price change for the product or products customarily sold on premises and on which the location, size and color of the numbers remain constant are not considered changeable copy signs. "City" means the City of San Rafael.
"Clinic" means a place where patients are studied or treated by physicians specializing in various ailments and practicing as a group; the dispensary or outpatient department of a hospital or medical school, where patients are treated free or for a small fee; a place where a group of physicians are available for extended hours, on a drop-in basis with no regular patients.
"Club" means a nonprofit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interests or activities, but not including a group organized solely or primarily to render a service customarily carried on as a business.
"Cluster" means a development technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally sensitive features. "Cocktail lounge" means a use providing preparation and retail sale of alcoholic beverages, on a licensed "on-sale" basis, for consumption on the premises, including taverns, bars and similar establishments where food service is subordinate or accessory to the sale of alcoholic beverages. Cocktail lounge does not include a full service alcohol or beer and wine bar that is established and operated as an accessory use within a fullservice restaurant, provided that the bar is integrated within and open to the main dining area, and operating during the same hours as the primary food service use. "Coin-operated amusement device" means a machine which, upon the insertion of a coin or similar, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of money, coins, tokens or merchandise.
"Co-location" means the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other types of preexisting structures, including, but not limited to, water tanks, light standards, outbuildings and other utility facilities and structures. “Community and economic development director" means the head of the community and economic development department and is synonymous with "planning director," as used in this code.
"Community garden" means any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land. The land may produce fruit, vegetables, and/or ornamentals. Community gardens may be found in neighborhoods, schools, connected to institutions such as hospitals, and on residential 4929-5154-7032 v1
housing grounds subject to defined standards, as specified in Section 14.16.286 of this title. A community garden shall be operated by a public entity or non-profit organization. "Contractor's yard" means a use providing storage of equipment, materials and vehicles for contractors who are in trades involving construction activities which include, but are not limited to, plumbing, painting, electrical, roofing and carpentry, including incidental services and offices. Contractor's storage yards may include the maintenance and outdoor storage of large construction equipment such as earthmoving equipment, cranes and outdoor storage of building materials.
"Convenience store" means a sales establishment occupying a public retail sales area of generally up to five thousand (5,000) gross square feet, for purpose of selling prepackaged food and beverage products and other retail merchandise oriented to convenience and travelers' shopping needs. Convenience stores are distinguishable from "grocery stores and supermarkets" in that they carry a limited range of items and are typically contained in a smaller retail space (generally, less than five thousand (5,000) gross square feet). See "mini-market" definition for a retail store operated in conjunction with a gasoline station with a retail sales area that is less than one thousand (1,000) gross square feet in size.
"Cottage food operation" means an enterprise that has not more than $50,000 in gross annual sales, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part.
Game arcade means a use with five (5) or more coin-operated amusement devices that may be coin-operated or accept other methods of payment. "Creek" means a perennial, intermittent or ephemeral open watercourse, which has a defined bed and bank and connect to other water bodies, as shown on the San Rafael General Plan watershed and creeks map. Creek also includes unmapped tributaries to the bay to the point at which they have a defined bed and bank. Creek is distinguishable from a "drainageway."
"Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface or excavated. "Day care facility" means an existing or proposed building, equipment and any accessory structures in which there are programs and personnel licensed by the state for direct child or adult care services, including, but not limited to, shelter, food, education and play opportunities, for fewer than twenty-four (24) hours per day. There are three (3) basic types or designations of child or adult care facilities:
1.Family day care home, small (a dwelling unit licensed for the care of eight (8) or fewer children or adults), or as otherwise defined by state law;
2.Family day care home, large (a dwelling unit licensed for the care of nine (9) to fourteen (14) children or adults), or as otherwise defined by state law;
3.Day care center (a facility licensed for the care of more than fourteen (14) children or adults).
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"Day services center" means a program which provides a wide variety of counseling, referrals, and other nonmedical, nonresidential services daily to more than twelve (12) persons.
"Deck" means a platform requiring ground supports which is roofless and not enclosed, and which is commonly used for recreation purposes. "Density bonus" means concessions or incentives for additional housing density beyond such regulations contained for residential development within the San Rafael Municipal Code or the San Rafael general plan, for projects that are consistent with the requirements of Government Code Section 65915 and/or Section 14.16.030(H)(1) of the San Rafael Municipal Code.
"Design professional" see definition in San Rafael Municipal Code Section 2.16.040. "Development" or "development project" means any subdivision, other division of land or condominium conversion; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any change in use or extension of the use of land. "Directional sign" means any sign, which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to provide direction to the public. Such a sign contains no advertising copy. "Directory sign" means an identification sign listing the tenants of a building, or the bulletin board of a public, charitable, religious, or fraternal institution used to display announcements relative to meetings and activities to be held on the premises and/or displaying the names of the officers of the organization. "Discount store" means a building or group of buildings typically providing regional market-base discount sales of retail items.
"Dispensary" means a storefront or facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.
"Displaced person" means any person: (1) who lawfully occupies rental property as a primary place of residence; (2) whose continued occupancy of the rental property would be inconsistent with a proposed development project; and (3) whose tenancy is terminated by the owner, whether by the owner's termination of the lease or tenancy or the owner's refusal to renew the lease or tenancy, unless the tenancy is terminated because of a default under the lease by the tenant.
"Distribution" means a use engaged primarily in delivery of manufactured products, supplies and equipment, including incidental storage and sales activities. "Double-faced sign" means a sign consisting of two (2) sign faces, which are placed back-to-back, so that only one sign face is visible from any one location. "Downtown" encompasses those properties and parcels within the boundaries of the downtown mixed use (DMU) district. The downtown mixed use district encompasses the geographic area presented on the following map:
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"Downtown parking district" means the area which encompasses the boundary generally between Hetherton and E Streets, and Second Street and Fifth Avenue, as shown on map contain in the Downtown San Rafael Precise Plan adopted by separate ordinance.
"Drainageway" means:
(1) An open swale or localized depression that lacks defined banks, which transports stormwater to creeks, wetlands or water bodies such as the bay; and (2) Man-made open ditches or channels (typically with low habitat value) which drain developed properties. Drainageway is distinguishable from a "creek." "Driveway" means a private roadway providing vehicular access to dwelling(s), structure(s) or parking spaces.
"Dwelling unit" means one or more rooms designed, occupied or intended for occupancy as separate living quarters for the exclusive use of one household, with a kitchen, sleeping facilities, and sanitary facilities.
Dwelling unit, second. "Second dwelling unit" means an additional, separate dwelling unit meeting defined standards, as specified in Section 14.16.285 of this title, and located on the same lot as a single-family dwelling within a residential district. "Egress" means an exit.
Emergency shelter for the homeless, permanent. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.
Emergency shelter for the homeless, temporary or rotating. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months.
A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.
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"Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay.
Entertainment, live. See "Live entertainment."
"Equipment cabinet" means a cabinet, structure, or building used to house equipment associated with a wireless communication facility.
"Equivalent alternative action" means actions performed by a developer that the city council, in its sole discretion, determines will further the affordable housing goals of the city to an equal or greater extent than compliance with the requirements herein. "Excavation" means removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Family day care, large. See "Day care facility."
Family day care, small. See "Day care facility."
"Fast food restaurant" means a facility which specializes in rapidly prepared foods and beverages, served with dispensable (such as paper or plastic) plates and utensils for on- or off-site consumption. Table service is generally limited to delivery of counterordered meals and busing. Service to persons in vehicles may be a function of fast food restaurants. Fast food restaurants have high customer volume and high traffic generation, plus one or more of the following elements:
1. Drive-through service;
2. Late/early hours of operation (open after eleven p.m. (11:00 p.m.) or before six a.m. (6:00 a.m.));
3.Potential litter problems;
4.Noise (for example, from drive-through intercoms);
5.Potential outdoor gathering places.
"Federal Communication Commission (FCC)" is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite and cable. "Fence" means an artificially constructed barrier of any material or combination of materials serving to enclose or screen areas of land.
"Fill" means earth or any other substance or material, including pilings, placed or deposited by humans.
"Financial services" see "Banks and financial services" "Firearms dealer" means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1).
"Fitness/recreation facility" means facilities providing equipment and areas for exercise, training, recreation and classes for individuals, groups or both. Examples of 4929-5154-7032 v1
these facilities include, but are not limited to: health clubs, gymnasiums, indoor sports facilities, rock climbing facilities, etc. These facilities are primarily drop-in facilities, and may include accessory instructional uses. See "School, specialized education and training" definition for uses primarily involving instructional or educational training. "Flashing sign" means any sign which is perceived as an intermittent or flashing light.
Time and temperature signs are excluded from the category of flashing signs. "Floor area ratio (FAR)" means the total building square footage (gross floor area) divided by the land area, as further defined in Section 14.16.150, Floor area ratios applicable to nonresidential development.
"Food service establishment" means a business serving food and/or beverages such as a restaurant, café, coffee shop, cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service.
Food service establishment, high volume. "High volume food service establishment" means a food service establishment over one thousand (1,000) square feet in size which serves more than two hundred (200) lunches daily or equivalent volume at other mealtimes.
"Fortunetelling" means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force. "Fractional unit" occurs when the required percentage of affordable housing units results in less than one unit or a combination of affordable housing units and less than one full unit. For example: total number of new units twelve (12) multiplied by the required affordable housing units fifteen percent (15%) results in one full unit and a .80 fractional unit or eighty percent (80%) of a full unit.
"Freestanding sign" means any sign that is designed and constructed as a stand alone structure, which is self-supporting on the ground, not affixed to or attached to a building. Types of freestanding signs include pole or pylon signs and monument signs. "Frontage, business or use" means the front face or front elevation of a building containing a single business or use that is most parallel to and fronts on a public street, public right-of-way, public parking lot or public parking garage. Frontage width is measured in linear feet.
"Game arcade" means a use with five (5) or more coin-operated amusement devices. "Garage" means a building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Includes public and commercial parking facilities.
See also "Carport."
"Gasoline station" means a facility which dispenses automotive fuel to the general public.
"Grade" means the point of elevation as determined by the methods prescribed in the latest edition of the Uniform Building Code adopted by the city. "Grading" means any cutting or excavation, filling or combination thereof. 4929-5154-7032 v1
"Grocery store and supermarket" means a retail business where the majority of the floor area that is open and accessible to the public is occupied by produce, food and beverage products, and household items that are packaged for preparation and consumption for daily living needs. Grocery stores and supermarkets are distinguished from "convenience stores" in that they typically contain a retail floor area greater than ten thousand (10,000) gross square feet. Smaller grocery stores may occupy a retail floor area between five thousand (5,000) and ten thousand (10,000) gross square feet.
Supermarkets generally offer a greater variety of products and household items, and may also include accessory uses within the retail sales area including, but not limited to, a pharmacy, café, or financial services.
Gross building square footage, hillside areas. "Hillside areas gross building square footage" means the sum of all enclosed or covered areas of each floor or all structures on the site, measured to the exterior of the enclosing walls, columns or posts including basement areas, unfinished attic or loft spaces and other areas capable of being finished into habitable space as determined by the California Building Code; garages and carport areas six feet (6') or more above the natural grade, measured to the exterior face of surrounding walls, column, or posts; other roofs or covered areas supported by walls, columns or posts and capable of being enclosed, measured to the exterior face of surrounding walls, columns or posts; roof penthouses; and accessory structures greater than one hundred twenty (120) square feet in floor area. Excluded are areas permanently open to the sky; exterior areas under roof eaves, trellises or cantilevered overhangs and attic spaces and underfloor spaces that are not capable of being finished into habitable space.
"Gun shop" means an establishment or person engaged in the sale, lease or transfer of firearms pursuant to California Penal Code Section 12071(a)(1). "Handicapped" means a person with a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988). "Height, downtown mixed use district" means the height of all structures, fences and walls located within the downtown mixed use district measured in accordance with the methodology presented in the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance.
"Height, hillside" means the height of all structures, fences and walls measured vertically from the existing (e.g., natural) grade to the uppermost point of the roof edge, wall parapet, mansard or other feature above the existing grade at any given point. See illustration below.
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"Height, non-hillside " means the vertical distance above a reference datum measured to:
1) The highest point of the coping of a flat roof or to the deck line of a mansard roof or
2) To the average height of the highest pitched roof (see Figure 3 for various roof types.) The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1.The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than ten (10) feet above the lowest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior of the building (see Figure 2A).
2.An elevation ten (10) feet higher than the lowest grade when the highest adjoining sidewalk or ground surface described in Item 1 above is more than ten (10) feet above lowest grade (see Figure 2B).
The height of a stepped or terraced building may be determined based on the existing grade condition at each distinctive building segment, as determined by the community development director.
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"High top of creek bank" means the side of a creek, the top of which shall be the topographic line roughly parallel to the creek centerline, where the side slopes intersect the plane of the ground traversed by the creek. Where the banks do not distinguishably end, the surrounding country being an extension of the banks, the top of such banks shall be determined by the planning director.
"Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section 14.16.220, Home occupations, but not including those facilities defined as short-term rentals in Section 14.03.030 of this Code. "Hospital" means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in-patient basis, including facilities for out-patient and emergency treatment, diagnostic services, training, research and administration, and services to patients, employees or visitors.
"Hotel" means any building or portion thereof designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet and 4929-5154-7032 v1
recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities.
"Household" means one or more persons, whether or not related by blood, marriage or adoption, jointly occupying a dwelling unit in a living arrangement characterized by the sharing of common living areas, including area and facilities for food preparation. Indicia of a separate household include, but are not limited to, one (1) or more of the following:
a separate exterior entrance, a separate address, a separate mail box designation, a separate utility service or meter, a separate cable television line, and the existence of a rental advertisement for the separate living quarters immediately preceding their occupancy.
"Identification sign" means a sign which serves to identify only the name, address and lawful use of the occupant, business or use upon which the sign is located, and which may include the emblem or insignia when used by an organization. "Improvement" means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto. "Informational sign" means a sign which is designed and erected solely for the purpose of communicating information for the safety or convenience of the public.
Examples of such signs include no smoking, restrooms or telephone. "Ingress" means access or entry.
"JADU" see definition for "Junior Accessory Dwelling Unit." "Junior accessory dwelling unit" ("JADU") means an accessory dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within the walls of a proposed or existing single-family residential space and meets the additional standards provided in section 14.16.285 C.2.
"Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section 14.16.225).
"Kitchen" means any portion of a structure equipped, used or intended to be used for the storage, preparation, and cooking of foods with proximal arrangement of two (2) or more of the following: (a) sink (other than that associated with a bathroom), (b) food storage and preparation areas, (c) refrigerator, or (d) cooking appliances including a stove, microwave oven, convection oven, cooking burners or similar appliances. The storage of food in a pantry, freezer or refrigerator located in any area of the structure shall not, by itself, classify such area of the structure as a kitchen. "Laboratories" means establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services. "Landscaping" means an area devoted to or developed and maintained with native or exotic plantings including lawn, ground cover, gardens, trees, shrubs or other plant materials; as well as entry areas, courtyards and similar with decorative outdoor landscape elements such as pools, fountains, sculpture, seating and paved or decorated surfaces (excluding driveways, parking, loading, storage areas and sidewalks outside of the entry, courtyard or large planted areas).
"Level of service (LOS)" means a standard qualitative circulation measure describing traffic-operating conditions in terms of speed and travel time, freedom to maneuver, traffic 4929-5154-7032 v1
interruptions, comfort and convenience, and safety. Six (6) levels of service are defined, from LOS A, representing the best operating conditions, to LOS F, representing the worst. "Live entertainment" includes the following activities where they occur as part of a commercial use three (3) or more times during a calendar year:
1. Bands, dance bands or disc jockeys;
2. Performances (comedy, music, theatrical, dance) by one or more persons, regardless of whether performers are compensated.
A single performer, such as a singer or pianist providing background music (without billing or advertisement) at a restaurant or bar is exempt from this definition. "Live/work quarters" means an area comprised of one or more rooms that accommodates joint work activity and residential occupancy, and which includes residential occupancy and work activity, and which includes: (1) working space reserved for and regularly used by one or more of the persons residing therein, and (2) cooking, sleeping and sanitary facilities. All living spaces shall be contiguous with and made an integral part of the working space with direct access between living and working areas. "Loading space" means an off-street space or berth used for the loading or unloading of commercial vehicles.
Lodges. See "Clubs."
"Lot" means a specific area of land, the boundaries of which have been established according to the legal requirements in effect at the time the lot was created or which has been issued a certificate of compliance. If the type of lot is not clear for any reason, a determination of lot type shall be made by the Director. Types of lots include the following.
See Figure x-x (Lot Types).
"Lot area" means the area of the property within the property boundaries as described in the recorded grant deed including any easements, and unaccepted offers and dedications of rights-of-way. Consistent with Section 15.06.030 (subdivision design standards), the panhandle portion of a flag lot that is primarily used and intended for access shall not be included in lot area for purposes of development and application of development standards.
“Lot, corner” means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 205 degrees. If the intersection angle is more than 205 degrees, the lot is considered an interior lot. "Lot coverage" means that portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches (30") in height; and detached recreational and storage structures that are greater than one hundred (120) square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, detached garden sheds, tool sheds, playhouses and similar detached accessory structures that do not require a building permit and are not greater than one hundred twenty (120) square feet in size and no taller than eight feet (8') in height, and portions of structures that are located below grade. 4929-5154-7032 v1
Lot, corner. "Corner lot" means a lot bounded on two (2) or adjacent sides by street lines, providing that the angle of intersection does not exceed one hundred thirty-five degrees (135º).
"Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
Lot, flag. A lot having access from the building site to a public street by means of private right-of-way strip. See Title 15, subdivisions, for regulations addressing the formation of a flag or panhandle lot.
Lot, panhandle/flag" means a lot that is served by a narrow strip of land that is primarily intended and used for gaining access to a major portion of the lot or parcel Lot, interior. A lot abutting only one street.
Lot, key. An interior lot, the front of which adjoins the side property line of a corner lot.
Lot, reverse corner. A corner lot, the rear of which abuts a key lot.
Lot, reverse corner. "Reverse corner lot" means a corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot.
Lot, through. A lot with frontage on two generally parallel streets.
Figure x-x – Lot Types
"Lot line", see "Property line."
"Lot width" means lot area divided by lot depth.
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Lot, corner. "Corner lot" means a lot bounded on two (2) or adjacent sides by street lines, providing that the angle of intersection does not exceed one hundred thirty-five degrees (135º).
"Lot, panhandle/flag" means a lot that is served by a narrow strip of land that is primarily intended and used for gaining access to a major portion of the lot or parcel. See Title 15, subdivisions, for regulations addressing the formation of a flag or panhandle lot.
Lot, reverse corner. "Reverse corner lot" means a corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot.
Lounge, cocktail. See "Cocktail lounge."
Low income. See "Affordable housing."
"Low income household" means households earning less than eighty percent (80%) of county median income according to the latest Federal Housing and Urban Development Department income limits table (or similar table provided by the Marin Housing Authority), or as otherwise defined by resolution of the city council. "Mansard sign" means any sign attached to or supported by a sloped roof element such as a mansard or gable.
"Manufactured home" means a single-family detached structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes.
"Marina" means a facility for storing, servicing, fueling, berthing and securing and launching of private pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests. "Market rate housing units" means dwelling units in a residential or mixed-use project that are not affordable housing units.
"Marquee sign" means any sign that is on top, attached to the face of or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the building.
"Massage" and/or "bodywork" means the skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on, or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. "Massage and/or bodywork office or establishment" means any establishment having a fixed place of business, vehicle or vessel, where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as regular functions any massage and/or bodywork activities as defined above. Any establishment engaging in or carrying on, or permitting any combination of massage and/or bodywork shall be deemed a massage and/or bodywork office or establishment.
"Massage and/or bodywork practitioner" means any individual who, for any consideration whatsoever, engages in the practice of massage and/or bodywork, whether or not employed on the premises of a massage and/or bodywork office or establishment or acting as an independent contractor or as an owner.
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"Median income" means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA)—comprised of San Francisco County, San Mateo County and Marin County—as published by the United States Department of Housing and Urban Development (HUD), Office of Economic Affairs, Economic and Market Analysis Division, with adjustments for smaller or larger households made according to HUD's standard adjustment factors for household size, or as otherwise defined by resolution of the city council.
"Medical cannabis" or "medicinal cannabis" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), as further defined by SRMC 10.96.040.
Medical office. See "Office, medical."
"Mini-market" means a retail sales establishment operated in conjunction with a gasoline station, occupying a retail sales area open to the public between one hundred (100) square feet and one thousand (1,000) square feet, for the purpose of selling prepackaged food, beverages and similar small convenience items to gasoline station customers.
"Mixed-use project" means a development in which more than one use is combined in a single building or on a single site.
"Mobile home" means a structure, transportable in one or more sections, with or without a permanent foundation, designed to be used as a dwelling unit and connected to the required utilities. A mobile home does not include a recreational vehicle, motor coach, trailer coach or travel trailer.
"Mobile home lot" means a plot of land for placement of a single mobile home within a mobile home park; a mobile home pad.
"Mobile home park" means a residential facility with two (2) or more mobile home lots available for rent, lease or purchase, and providing services and facilities for the residents.
"Moderate income household" means a household with total gross annual earnings of less than one hundred twenty percent (120%) of median income as defined in this section.
"Monument sign" means a freestanding sign that is supported by a solid base or foundation rather than a pole or post.
"Motel." See "Hotel."
"Motor vehicle repairs and maintenance" means the repair, alteration, restoration, towing, painting, cleaning or finishing of vehicles as a primary use including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use is distinguished by two (2) categories: major repair of vehicles, which includes, but is not limited to, facilities providing major engine work, body work, and vehicle painting; and facilities providing minor repair and maintenance, which includes, but is not limited to, tune-ups, replacement and repair of brakes, batteries, tires, mufflers, and upholstery. 4929-5154-7032 v1
"Multiple copy sign" means a sign which advertises more than one business or use and the principal product or service.
"Multi-tenant sign" means a sign, which displays a list of multiple tenants, businesses or uses in one or more buildings located on one site.
"Mural" means a large painting that is executed directly on or permanently affixed to the surface of a wall depicting, among others, a scene or art. "Mural sign" means a mural that depicts or includes written script, logo or art that is intended to display or advertise the sale of goods or services shall be considered a sign, subject to the provisions of Chapter 14.19, Signs.
"Nameplate" means a sign containing either or both the name of the occupant or building and the address of the site.
"Natural state" means all portions of lots that remain undeveloped and undisturbed.
Grading, excavating, filling and/or the construction roadways, driveways, parking areas and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting and landscaping which enhances the natural environment are permitted when approved through an environmental and design review permit.
Needed neighborhood-serving use. For the purposes of bonus trip allocations, "needed neighborhood-serving uses" consist of those needed service uses identified in a neighborhood plan, the general plan or as determined by resolution of the planning commission and/or city council.
"Nonconforming structure" means a structure or building, the size, dimensions or location of which was lawful prior to the adoption of this title or any subsequent revision or amendment, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. "Nonconforming use" means a use or activity which was lawful prior to the adoption of this title, or any subsequent revision or amendment of this zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
"Office, administrative" means an office-type facility used for administrative purposes, and/or occupied by a business engaged in the production of intellectual property. Examples of these uses include, but are not limited to, advertising agencies, commercial art and design services, construction contractors (office facilities only), design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, media postproduction services, news services, photography studios, and writers' and artists' offices. "Office, business" means an establishment providing direct services to consumers.
Examples of these uses include, but are not limited to, employment agencies, insurance agent offices (small-scale customer service offices, not administrative), real estate offices, travel agencies, utility company payment offices (not administrative). This use does not include banks and financial services, which are separately defined. 4929-5154-7032 v1
Office, general. "General office" means a use providing administrative, professional or business services.
Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the state of California.
Medical office uses typically require use of specialized medical equipment and medical training to evaluate, diagnose and administer treatments, medication or therapies which require a prescription (including administering oxygen or performing dialysis, and sleep diagnostics facilities); increased support staff needs; multiple patient treatment rooms; and patient waiting areas. Counseling services and other services provided by nonmedical professionals may also be included under "offices, general." "Office, professional" means an office-type facility occupied by a business providing professional services. Examples of these uses include, but are not limited to, accounting, auditing and bookkeeping services, attorneys, counseling services, court reporting services, detective agencies and similar services, financial management and investment counseling, literary and talent agencies, management and public relations services, psychologists, secretarial, stenographic, word processing and temporary clerical employee services.
"Official sign" means a sign required by a governmental body that is to discharge its legally required functions.
"On-site" means located on the lot that is the subject of an application for development.
"Open space" means any lot or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
"Open water" means submerged lands lying below 4.5 NGVD (mean sea level datum) and/or as shown on the San Rafael zoning map.
"Outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment.
"Outdoor storage" means the keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. "Overhang" means the part of a roof or wall which extends beyond the facade of a lower wall.
"Owner or operator" (also "provider or service provider") means the person, entity or agency primarily responsible for installation and maintenance of a wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located. 4929-5154-7032 v1
"P.M. peak hour trip" means the number of vehicular traffic movements entering and exiting a site during the highest volume consecutive sixty (60) minutes in the p.m. peak period from four p.m. (4:00 p.m.) to six p.m. (6:00 p.m.) on the local street system.
Parcel. See "Lot."
"Parking access" means the area of a parking lot that allows motor vehicles ingress and egress from the street.
"Parking area" means any public or private land area designed and used for parking motor vehicles, including, but not limited to, parking lots and garages.
Parking facility. See "Parking area."
"Parking lot" means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
"Parking space" means a space for the parking of a motor vehicle within a public or private parking area.
"Pedestrian-oriented design" means design qualities and elements that contribute to an active, inviting street-level environment, making the area a safe and attractive place for pedestrians.
"Performance standards" mean a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
"Personal service" means provision of service of a personal nature. This classification includes, but is not limited to, barber and beauty shops, nail/manicure shops, dry cleaners, tailors, shoe repair shops, cosmetologist, skin-care consultant, esthetician, massage/bodywork and acupressure.
"Planning director" is synonymous with "community development director," as used in this Code.
"Pole or pylon sign" means a freestanding sign that is supported by a pole or post. "Poolhall" means any use with two (2) or more billiard tables. "Portable sign" means a sign that is constructed or designed to roll, slide or be moved from one location to another. Examples of portable signs include, but are not limited to, an A-frame sign and an I-frame sign.
"Private yard area" means a usable outdoor area adjoining a unit and intended for the private enjoyment of the occupants of the unit. Private yard area shall be defined such that its boundaries are evident. Private yard area may include balconies, decks, patios or porches.
Project. See "Development."
"Projecting or blade sign" means any sign, which projects from the face of a building and is supported by brackets, a projecting post or frame that is anchored to the building face. A blade sign is a small projecting sign.
"Property line" means the recorded boundary of a lot or parcel of land. When two (2) property lines meet or join at an angle that is greater than one hundred thirty (130) 4929-5154-7032 v1
degrees, they are considered the same property line for the purpose of defining one (1) yard area and determining required yard setbacks.
"Public access" means permanent pedestrian, bicycle and/or vehicular access in or adjacent to natural amenities for study or enjoyment.
Public art is defined as all forms of art including, but not limited to: sculptures, murals, mosaics, and fountains, which are located on the exterior of a publicly owned facility or on a privately owned property when such artwork is placed in a location intended to be visible to the general public.
"Public improvement" means any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services.
Recreation facility. "Recreational facilities" may include, but are not limited to, community centers, swimming or wading pools, spas, court facilities (such as tennis, basketball, or volleyball), picnic or barbecue areas and enclosed tot lot facilities with play equipment. "Related equipment" means all equipment ancillary to the transmission and reception of any signal via radio frequencies. Such equipment may include, but is not limited to, cable, guy wires, conduit, conductors and power lines and their supporting poles associated with a wireless communication facility.
"Religious institution" means a use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained, pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a religious institution as defined herein. Religious institution includes a seminary, retreat, monastery and conference center of similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility. "Relocation assistance" means the provision of rental assistance to low-income residential unit tenants that are: a) required to vacate a dwelling unit due to unit renovation, conversion or demolition proposed in conjunction with a development project or property improvements; and b) permanently displaced from the premises by a landlord or property owner, where the tenant is required to seek and secure new housing. A permanently displaced resident qualifying for relocation assistance shall be a tenant of record listed either on a current lease or rental agreement that meets the County of Marin criteria as a low-income household. Relocation assistance is administered under Section
14.16.279 of this Title.
"Research and development facility" means a use engaged in study, testing, design and analysis, and experimental development of products, processes or services, including incidental manufacturing of products or provision of service to others. "Research and development industry" means establishments primarily engaged in the research, development and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the hearing body, by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes biotechnology firms, and manufacturing of nontoxic computer components. 4929-5154-7032 v1
"Research and development services" mean establishments primarily engaged in industrial or scientific research, including limited product testing. Includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Residential care facility, large. "Large residential care facility" means a dwelling unit licensed by the state to serve seven (7) or more clients, which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.
Residential care facility, small. "Small residential care facility" means a dwelling unit licensed by the state to serve six (6) or fewer clients which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Residential development project" means a project for the construction or placement of a dwelling unit or an accessory dwelling unit, manufactured home, or a mixed-use development as defined in this section or the subdivision of land for a residential development project or a mixed use project.
"Residential, duplex" means one (1) structure on a single lot containing two (2) dwelling units, each of which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household for "transitional housing" and "supportive housing" as defined under the State Health and Safety Code.
"Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot.
"Residential nameplate" means a plate of metal, glass, wood, etc., bearing a person's name, such as is often placed on or near the door of a dwelling or mailbox. "Residential, single-family" means low density residential development containing one (1) primary residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a single-family dwelling and/or accessory dwelling unit as a household for "transitional housing" or "supportive housing" as defined under the California Health and Safety Code.
"Retaining wall" means a wall that is constructed to hold back or support an earthen bank, slope or hillside.
Reverse corner lot. See "Lot, reverse corner."
"Ridgeline" means a line following the long axis of a ridge (e.g., a long, narrow, conspicuous elevation of land) or knoll, comprised of the points of the highest ground elevation in locations that have been identified on the ridgeline map (aka, "City of San Rafael Ridgeline Map" on file with the planning division). For purposes of review under the -H hillside overlay zoning regulations, a "visually significant ridgeline" shall include the area within one hundred (100) vertical feet of a ridgeline as identified on the San Rafael 4929-5154-7032 v1
Ridgeline Map and located within "visually significant hillside, ridges and landforms areas" as designated on the community design map exhibit of the general plan. "Riparian" means vegetation which is located adjacent to a watercourse or drainageway. "Roof signs" mean any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building or the top of a mansard roof.
Rooming house. See "Boarding house."
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use of which meets state requirements of primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.
"SB 9 housing development" means a development in compliance with the provisions of SB 9 HOME Act of SRMC Section 14.16.282 that contains no more than two (2) primary dwelling units.
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use of which meets state requirements of primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.
"School, specialized education and training" means private school uses offering instruction in areas such as, but not limited to, art, business trade, dance, computers and electronics, drama, driver's education, language, music, performing arts, sports (e.g., individual or group golf or baseball, etc.) or vocational trades. Does not include preschools and child day care facilities (see "day care centers"). "Seasonal outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment which is operated only during the months of March through November. Seasonal outdoor eating areas shall have only temporary, movable perimeter barriers, fixtures and sunshades.
"Senior housing" means residential development designed for households occupied by senior citizens. Any age restrictions must be consistent with federal and state requirements. Such development may include central recreation areas and accessory medical facilities.
"Service provider" means any authorized provider or carrier of wireless communications services.
"Setback" means the distance between the property line and the exterior wall of a structure, excluding architectural features and other structures referenced in Section
14.16.130 of this title. Building setbacks are measured from established lot lines, irrespective of location of easements. See also definition for "yard". "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site. "Shopping mall" means an enclosed group of commercial establishments, planned, owned or managed as a unit, with covered, common-gathering areas and off-street parking provided on the site.
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"Short-term rental" means the rental of all or a portion of a dwelling unit for less than thirty (30) days consecutive tenancy.
"Sign" means any medium for visual communication, which is used or intended to be used to attract attention to a location, use, or subject matter for advertising, instruction, information or identification purposes. Seasonal decorations, such as holiday greetings and displays that do not include advertising, are not defined as a sign and are not subject to the provisions of this chapter.
"Sign program" means a program providing a coordinated signing plan for one (1) or more businesses or uses located on one (1) site or several contiguous sites, which utilizes one (1) or more common elements such as color, materials, lettering, illumination, sign type and sign shape.
Single-room occupancy development. See "boarding house." "Site" means a lot or lots used as a unit for the development of a project which may consist of one (1) or more buildings.
Slope, average. The average slope of a parcel shall be calculated using the following formula:
S= .00229 IL / A
Where S is the average percent of slope; .00229 is the conversion factor for square feet; I is the interval in feet; L is the summation of length of the contour lines in scale feet; and, A is the area of the parcel in acres.
"Small lot" means a legally subdivided lot in a given zone which is smaller in width and/or area than minimum requirements now required in the given zone. "Small wind energy system" means a wind energy conversion system consisting of a freestanding or roof mounted wind turbine and associated control or conversion electronics which is intended to produce energy for use primarily on site. "Small wireless facility" means a small wireless facility as defined by the FCC and that meets the following requirements:
A. Meet one (1) of the following mounting requirements:
1. Are mounted on structures fifty feet (50′) or less in height including their antennas as defined in Section 1.1320(d), or
2. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures, or
3. Do not extend existing structures on which they are located to a height of more than fifty feet (50′) or by more than ten percent (10%), whichever is greater; B. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in Section 1.1320(d)), is no more than three (3) cubic feet in volume;
C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume.
Antenna equipment, means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as 4929-5154-7032 v1
the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
"Specialty retail" means stores which sell nonconvenience goods needed on an infrequent basis. Specialty retail may have a more limited focus in specific zoning districts, consistent with the purposes of each district.
Specialty retail, bulk. "Bulk specialty retail" means the sale of large, major purchase, nonconvenience items. Examples of specialty retail involving bulk retail goods include, but are not limited to, the following: appliance stores; motor vehicle sales, new or used; furniture stores; spa/hot tub sales.
"Specialty retail, consistent with industrial uses" mean the retail sales of items which are related, supportive or complimentary to industrial uses. Examples include, but are not limited to, sales of the following: auto parts and supplies; building materials and supplies; motor vehicles, new or used.
"Specialty retail, consistent with office uses" mean the retail sales of items which are related, supportive or complimentary to office uses. Examples include, but are not limited to, sales of the following: computers; office furniture (sales or rentals); office supply and business machine shops.
Specialty retail, region-serving. "Region-serving specialty retail" means those retail uses which have a regional, rather than local or neighborhood, market base. These types of uses are generally high tax revenue generators and more than fifty thousand (50,000) square feet in size. Examples include, but are not limited to, the following: discount stores, large scale; furniture stores; home improvement stores; motor vehicle sales, new. "Stealth design" means a wireless communication facility design that blends in with the surrounding environment by means of screening, concealment or camouflage. "Story" means any floor having its finished floor surface entirely above grade and at least six (6) feet in height; or any floor that is partially below grade and where the finished surface of the floor above it is at least six (6) feet above the lowest grade:
"Structure" means anything constructed or erected that requires a foundation or a structural support on the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the height does not exceed seven feet (7′); retaining walls four feet (4′) or less in height; in-ground swimming pools; and improvements built at-grade such as parking lots and access drives or walks.
Structure, accessory. See "Accessory structure."
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"Subdivision or neighborhood identification sign" means a sign containing the name of a subdivision, development or neighborhood.
"Subterranean" means a structure, improvement or building floor level that is constructed entirely below ground with all points to the top of the structure or floor level being situated entirely below natural and finished grade; exclusive of any excavations made to provide required ingress or egress.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (i.e., adults with low-income having one (1) or more disabilities including mental illness, HIV or AIDS, substance abuse or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act Division 4.5, commencing with Section 4500 of the Welfare and Institutions Code and may include, among other populations, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans, or homeless people) and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Taxi station" means taxi headquarters with administrative and/or dispatch offices and taxicab parking and storage.
"Temporary window sign" means any temporary sign painted on a window or constructed of paper, cloth or other light material and attached to the window, or located within three feet (3′) of the interior side of the window, and displayed so as to call attention of persons outside of the building to a sale of merchandise or change in the status of a business or use.
"Tobacco retailer, significant" means a retail establishment that devotes twenty percent (20%) or more of its sales or display area to, or derives seventy-five percent (75%) or more of its gross sales receipts from, the sale of tobacco products and/or tobacco paraphernalia.
"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
"Transportation System Management (TSM)" means the use of incentives and/or disincentives by local employers to assist in reducing the number of single-passenger auto commute trips and peak-hour trips by increasing the use of carpools, vanpools, public transit, bicycles and walking, and through the use of flex-time. "Usable outdoor area" means an area open to the sky with a slope less than ten percent (10%). The usable outdoor area shall be a well-defined coherent space that is an integral component of the project design. Usable outdoor area includes private yard areas and common areas suitable for passive and active recreation use. Such areas may be located on the ground, roof, balcony, patio or terrace; and excludes minor decorative landscaping, driveway areas, parking facilities, and utility or service area. Common usable outdoor area shall have a minimum dimension of twelve feet (12′). 4929-5154-7032 v1
Diagram B for Section 14.03.030
USABLE OUTDOOR AREA
Vehicle, recreational. "Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers. "Very-low income household" means a household with total gross annual earnings of less than fifty percent (50%) of median income as defined in this section. "Wall sign" means any sign painted on or attached parallel to the wall of a building and projecting not more than twelve inches (12″) from the building face. "Warehousing" means the commercial or industrial use of a building or buildings primarily for the storage of goods or materials.
"Water-efficient landscape" means landscaping and irrigation that has been designed and installed to comply with Marin Municipal Water District (MMWD) Ordinance No. 414, as adopted by reference in Section 14.16.370 of this Title. A water-efficient landscape is designed to conserve water usage by establishing and applying a "maximum applied water allowance," which is the upper limit of annual applied water for a landscape area based on the local evaporation factor, and site-specific factors such as soil, slope and planting conditions. The requirements for a water-efficient landscape are administered under Section 14.16.370 of this Title.
"Water-oriented" means uses which are either water frontage dependent, or which attract people to the waterfront.
"Wetland creation" means a human activity bringing a wetland into existence at a site in which it did not formerly exist.
"Wetland restoration" means a human activity that returns a former wetland from an altered condition, in which all or virtually all wetland functions and values have been lost, 4929-5154-7032 v1
to a condition with full wetland functions and values. Restoration does not mean enhancement of wetlands which, though degraded, nonetheless provide significant biological wetland functions or values.
"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (same as U.S. Army Corps of Engineers). (See Section 14.13.050(A), Determination of Wetland Boundaries).
"Wholesale" means a use engaged primarily in the selling of any type of goods for purpose of resale, including related storage and distribution. "Wildlife" means animals, including fish and fowl, and/or plants existing in their natural habitat.
"Wind-blown device" means any man-made device which visibly moves when blown in the wind.
"Window sign" means a sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. "Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical energy, which it then converts into electricity. "Wireless communication facilities" means facilities regulated by the FCC that transmit and/or receive electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile services, paging systems, and radio and television broadcast transmission facilities. Facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment (but does not include small wireless facility, which is defined separately under "small wireless facility") used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. These facilities include amateur radio antenna structures that exceed thirty feet (30′) in height but do not include government-operated public safety networks.
Wrecking yard, motor vehicle. "Motor vehicle wrecking yard" means any use of premises for the conduct of a business whereon two (2) or more vehicles not in operating condition are standing and/or on which used motor vehicles, or parts thereof, are dismantled and/or stored.
"Yacht club" means a private social club which may include a club house, private berthing for club members, tie-up visitor docking, on-site parking for automobiles and boat trailers; and which may include dry storage for members' boats. The berthing or storage of boats for commercial purposes, party boats, and rental boats are specifically excluded.
Yard, front. "Front yard" means an open area extending along the full width of a lot between side lot lines and from the front lot line to a parallel line at a distance equal to the depth of the required yard (i.e., required setback area), within which no structure shall be located except as provided and/or permitted in this title. The front yard should be consistent with the orientation of the other lots and improvements on the same side of the street or consistent with any prior determination that was made to define the front yard. 4929-5154-7032 v1
The front yard is usually the side where the main building entrance is located and in the general direction in which the main building faces. Front yards shall be determined for lots as follows:
1.For a corner lot with two (2) street frontages, the front yard is typically the narrower of the two (2) frontages, except where an existing front building setback has clearly been established by prior property development.
2.For an interior lot with an irregular-shaped frontage, the front yard is defined as all portions of the lot that are parallel to and immediately front the road right-of-way or easement that provides access to the lot.
3. For a triangular shaped lot with fewer than four (4) lot lines, the director may determine the front yard location based on orientation of the building entrance and surrounding development pattern.
4.For a flag or panhandle lot, the front yard is defined as all portions of the lot within the required front setback measured from the longest property line that is most parallel and nearest to the public street. The panhandle portion of the lot shall not be used in determining the required setbacks. See Title 15, Section 15.06.030(d).
If the front yard is not clear for any reason, a determination of lot type shall be made by the Director.
Yard, rear. "Rear yard" means an open area extending across the full width of the lot between side lot lines and from the rear lot line to a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title.
Yard, side. "Side yard" means an open area extending between the front yard and the rear yard and between the side lot line and a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title.
Yard, streetside. “Streetside yard" means an open area extending between the front yard and the rear yard and between the side lot line and a line at a distance equal to the depth of the required yard that is adjacent to a street, within which no structure shall be located except as provided in this title.
Title 14
Division V – ADMINISTRATIVE REGULATIONS
Chapter 14.28 - APPEALS
14.28.010 - Purpose and authorization for appeals.
Appeals may be filed by In the event that an applicant or by any other person aggrieved by a decision wish to contest an action made by the planning director, zoning administrator or planning commission relevant to the administration of this title., they may file an appeal as described below.
A. Administrative Decision. Appeals based on decisions made by the planning director (or the planning director's designated appointee) shall be heard by filed by any aggrieved party with the planning commission.
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B. Zoning Administrator Decision. Appeals based on decisions made by the zoning administrator shall be heard by filed by any aggrieved party with the planning commission.
C. Planning Commission. Appeals based on decisions made by the planning commission shall heard by filed by any aggrieved party with the city council.
While an appeal is pending, the establishment of the proposed structure or use is to be held in abeyance.
D. The timely filing of an appeal shall stay all proceedings and project entitlements for and in the matter appealed including, but not limited to, the issuance of building permits and business licenses.
E. For ministerial determinations, the grounds for the appeal shall be based on whether the application meets the specific objective standards applicable to the project.
14.28.020 - Right of appeal.
Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.
14.28.030 - Filing and time limit of appeals.
An appeal under this title shall be filed in the planning division within five (5) working days of the decision being contested, except that where such an appeal is combined with an appeal of the same decision under Title 15 of this code, the appeal shall be filed within ten (10) calendar days, as provided under Section 15.01.040 of this code. Appeals shall be made in writing and shall set forth the grounds for the appeal. Appeals shall be accompanied by the required filing fee.
14.28.030 - Filing and time limit of appeals.
A. An appeal under this title shall be filed with the Community and Economic Development Department.
B. Appeals shall be made in writing and shall include all the grounds for the appeal.
Appeals shall be accompanied by an application cover form and the required filing fee as listed in the Master Fee Schedule.
C. The appeal must be submitted to the City’s Community Economic Development Department in one of the following ways:
1. In person at the public counter; or
2. Through the US Mail mailed to the attention of the Community and Economic Development Director; or
3. Through the permit software system used by the Community Economic Development Department.
D. The appeal must be received by the Community Economic Development Department, pursuant to subsection C, above no later than 4:00 pm on the tenth (10) calendar day 4929-5154-7032 v1
after the date of action. For purposes of this subsection, “received” shall not include post marked dates or times, sent dates or times, or any emails received by City staff.
E. In the event that an appeal period ends on a Saturday, Sunday, or City holiday, the appeal period shall end at 4:00 p.m. on the next City business day.
F. If a basis of the appeal is that the Director's or the Commission's action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not presented as part of the appeal, the appellant shall be deemed to have waived any claim to sworn testimony and crossexamination.
14.28.040 - Scheduling and notice for public hearing
A. Public Hearing Required. The planning commission or city council, as the case may be, shall hold a public hearing on an appeal. At the public hearing, the planning commission or city council, as the case may be, appellate body shall review the record of the decision and hear testimony of the appellant and the applicant and any other interested party shall take public comment on the appeal.
B. Public hearing scheduled. Following the timely filing of an appeal, the appeal shall be scheduled for the next available planning commission or city council meeting, as the case may be, and allowing sufficient time for giving notice pursuant to subsection (C) of this section and state law.
C. Public hearing notice. Notice of public hearings shall be given in the manner required for the decision being appealed as set forth in Section 14.29.020 of this Code.
14.28.050 - Notice of decision.
A. After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant.
B. The hearing body shall render its decision within 30 days of the date the hearing is closed unless State law requires a shorter deadline. An action to grant an appeal shall require a majority vote of the members present . A tie vote shall have the effect of rejecting the appeal.
C. When reviewing any decision on appeal, the hearing body shall use the same standards and/or make the same findings required for the original decision. The hearing body may adopt the same decision and findings as were originally approved or different ones.
14.28.060 - Effect of failure to give notice.
No action, inaction or recommendation regarding any proposed development by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give 4929-5154-7032 v1
any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.
14.28.070 - Effective date of appealed actions.
A. A decision by the city council regarding an appeal shall become final on the date action was taken by the city council.
B. A decision by the planning commission regarding an appeal shall become final five (5) working days ten (10) calendar days after the date of the action decision, unless appealed to the city council in which case proceedings and entitlements shall be stayed pursuant to section 14.28.010.D.
14.28.080 - New appeal.
Following denial of an appeal, any matter that is substantially the same shall not be considered by the same body within one year, unless the denial is made without prejudice.
DIVISION 4. Publication; Effective Date.
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 final passage. 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.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 1st day of June 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 15th day of June 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________
KATE COLIN, Mayor
ATTEST:
______________________
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDINANCE TO AMEND THE SAN RAFAEL ZONING CODE, SAN RAFAEL MUNICIPAL CODE, TITLE 14, DIVISION I GENERAL PROVISIONS, CHAPTER 14.03 DEFINITIONS, SECTION 14.03.030
DEFINITIONS AS WELL AS DIVISION V ADMINISTRATIVE REGULATIONS, CHAPTER
14.28, SECTIONS 14.28.010-14.28.080
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2064, which will amend Title 14, Division I General Provisions, Chapter 14.03 Definitions, Section 14.03.030 Definitions as well as Division V Administrative Regulations, Chapter 14.28, Sections 14.28.010-14.28.080 of the San Rafael Municipal Code.
Ordinance No. 2064 is scheduled for adoption by the San Rafael City Council at its regular meeting of June 15, 2026. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would modify Title 14, Division I General Provisions, Chapter 14.03 Definitions, Section 14.03.030 (Definitions) as well as Division V Administrative Regulations, Chapter 14.28, Sections 14.28.010-14.28.080 of the San Rafael Municipal Code to clarify and update various definitions and code sections that are obsolete and/or in need of revision to improve ease of use and understanding.
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at [email protected] or (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 9:00 a.m. to 4:00 p.m. The Zoning Code Amendments are exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: June 5, 2026
____________________________________________________________________________________
FOR CITY CLERK ONLY
Agenda Item No: SM 1.c
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by:
Andrea Visveshwara, Chief Assistant City
Attorney
City Manager Approval: ______________
TOPIC: PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $585,000 WITH BURKE, WILLIAMS & SORENSEN, LLP
FOR LEGAL SERVICES
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement in an amount not to exceed $585,000 with Burke, Williams & Sorensen, LLP for legal services.
BACKGROUND:
The City Attorney’s Office is currently staffed with a part-time elected City Attorney, a full-time Chief Assistant City Attorney, a Deputy City Attorney, and a Legal Assistant. In order to provide necessary legal services to the City, the office engages attorneys from the law firm of Burke, Williams & Sorensen, LLP for as-needed services in general municipal law, including subject-matter expertise in areas such as land use, zoning, housing, code enforcement, labor and employment, finance, real estate, the Public Records Act, and telecommunications.
The City Council has previously authorized the following agreements with Burke, Williams & Sorensen, LLP:
• On January 21, 2020, the City Council approved and authorized the City Manager to enter into an agreement for legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $112,000.
• On June 7, 2021, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 1, 2022, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 21, 2023, the City Council authorized the City Manager to enter into a PSA for general municipal legal services in an amount not to exceed $170,000, and on May 20, 2024, the City SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Council authorized the City Manager to enter into the first amendment to the agreement in the amount of $130,000, increasing the total PSA to $300,000. • On October 21, 2024, the City Council authorized the City Manager to enter into a PSA for general municipal legal services in an amount not to exceed $420,000. This agreement excluded payments made that were reimbursed by third-parties (e.g., developers from the not to exceed amount.
• On November 4, 2024, the City Council authorized the City Manager to enter into two PSAs, the first for employee relations legal services in an amount not to exceed $150,000, and the second for labor relations legal services in an amount not to exceed $150,000 (collectively referred to as the “Employee Legal Services Agreements”). On March 17, 2025, the City Council authorized the City Manager to enter into an amendment to the agreement for employee relations to increase the not to exceed amount by $75,000, for a total of $225,000. The Employee Legal Services Agreements run through June 30, 2026.
• On June 23, 2025, the City Council authorized the City Manager to enter into one PSA that would supersede the PSAs entered into and extended on November 4, 2025, and March 17, 2025, and provide legal services to all City departments from July 1, 2025 through June 30, 2026, with funding from the City Attorney’s Office, Human Resources, and Affordable Housing Fund. In addition, the PSA provided services for development projects, typically paid for by developers, and litigation services.
ANALYSIS:
Staff recommends entering into a professional services agreement to retain Burke, Williams & Sorensen, LLP for as-needed general municipal legal services covering fiscal year (FY) 2026-27. Pursuant to San Rafael Municipal Code Section 2.55.100.D, contracts for professional services are exempt from bidding on the basis of demonstrated competence and professional qualifications. Burke, Williams & Sorensen, LLP is a full-service municipal law firm, meaning it can provide a variety of services to all City departments, and its attorneys have expertise in a variety of areas. Payment would be made at the firm’s standard public entity hourly rates. This agreement would cover all City departments and would be paid from different funds. For services related to general municipal law, payment would be made from the City Attorney's Office contract budget. Legal services for development projects are typically covered by a cost recovery agreement, and legal fees are paid by the applicant. Representation in litigation matters is covered by the liabilities fund. Services for labor and employment are covered by the Human Resources Department’s budget. There are also special matters that may be paid out of a project’s budget.
FISCAL IMPACT:
Funding in support of the proposed PSA will be appropriated with the City’s FY 2026-27 budget, pending adoption. Funds to cover expenditures are included in the proposed FY 2026-27 Budget from the following sources:
• $125,000 from the City Attorney’s Office budget from funds for contract services (General Fund)
• $300,000 from the Human Resources budget from funds for contract services (General Fund) • $80,000 from the General Plan Fee Fund (Fund 102) for projects related to implementing the General Plan
• $50,000 for affordable housing from the Affordable Housing Trust Fund (Fund 243) • $15,000 from the City Manager’s Office from funds for contract services to support initial negotiations for affordable housing at 350 Merrydale (General Fund) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• $15,000 from the Successor Agency to cover the final disposition of Andersen Drive Based on the foregoing, the total not to exceed amount will be $585,000. This amount excludes expenditures reimbursed by third parties, as well as expenditures covered by the liability fund (e.g., litigation services).
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into the professional services agreement.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement in an amount not to exceed $585,000 with Burke, Williams & Sorensen, LLP for legal services.
ATTACHMENTS:
1. Resolution
2. Draft Professional Services Agreement for General Municipal Legal Services RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $585,000 WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES WHEREAS, the City has determined that general municipal legal services are needed to provide capacity and technical expertise to the City Attorney’s Office, which provides legal services to all City departments; and
WHEREAS, Burke Williams & Sorensen, LLP is qualified to provide legal services to the City; and
WHEREAS, pursuant to San Rafael Municipal Code Section 2.55.100.D, contracts for professional services are exempt from bidding on the basis of demonstrated competence and professional qualifications; and
WHEREAS, the City determines that Burke Williams & Sorenson is competent and highly qualified to provide legal services to the City; and WHEREAS, funding in support of the proposed PSA will be appropriated with the City’s fiscal year (FY) 2026-27 budget, pending adoption, and is available from the contractual services funds in the budgets of the City Attorney’s Office, Human Resources, Affordable Housing Fund, City Manager’s Office and General Plan Fee Fund; and NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds the foregoing recitals to be true and correct and hereby authorizes the City Manager to execute a professional services agreement in an amount not to exceed $585,000 with Burke, Williams & Sorensen, LLP for legal services, with expenditures reimbursed by third parties and covered by the liability fund excluded from the not to exceed amount.
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 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.d
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development
Prepared by: Micah Hinkle,
Director of Community &
Economic Development
Sullina D. Smith,
Senior Management Analyst II
City Manager Approval: ______________
TOPIC: CONSTRUCTION VEHICLE IMPACT FEE REPEAL
SUBJECT: RESOLUTION REPEALING THE CONSTRUCTION VEHICLE IMPACT FEE AND
AUTHORIZING THE COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR TO
SETTLE ANY TIMELY-FILED FEE PROTESTS RELATED TO CONSTRUCTION
VEHICLE IMPACT FEES FOR PROJECTS THAT HAVE NOT PAID THE FEE RECOMMENDATION:
Staff recommends that the City Council adopt a resolution repealing the Construction Vehicle Impact Fee and authorizing the Community & Economic Development Director to settle any timely-filed fee protests related to construction vehicle impact fees for projects that have not paid the fee.
BACKGROUND:
The City of San Rafael (City) is currently engaged in a broader, multi-year effort to review and update its development impact fee program to ensure that fees are legally compliant, proportional to development impacts, and aligned with current infrastructure funding needs.
As part of this effort, the City is evaluating updates to the Transportation Mitigation Fee (TMF) and parkrelated development impact fees. Staff also evaluated the continued applicability of the Construction Vehicle Impact Fee, which was established by Resolution No. 11473 in 2004.
The Construction Vehicle Impact Fee was originally intended to offset roadway wear and related impacts caused by heavy construction vehicles associated with development activity. Since the fee was adopted more than two decades ago, the City’s overall development impact fee structure has evolved substantially, and the City is now evaluating updates to the Transportation Mitigation Fee as part of the broader impact fee update initiative.
Staff recommends repealing the Construction Vehicle Impact Fee to provide additional fee capacity as the City considers updates to the Transportation Mitigation Fee. Staff also recommends authorizing the Community & Economic Development Director to settle any timely filed fee protests related to construction vehicle impact fees for projects that have not paid the fee.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
Staff believes that repealing the Construction Vehicle Impact Fee at this time is appropriate for several reasons.
First, the fee was established in 2004 and has not been comprehensively evaluated in conjunction with the City’s current nexus study and development impact fee modernization efforts. As the City evaluates updated transportation-related development impact fees, staff believes it is important to consider the cumulative impact of fees on housing and development feasibility.
Second, suspending the Construction Vehicle Impact Fee creates additional capacity within the City’s overall development fee structure while still allowing the City to consider an updated Transportation Mitigation Fee supported by a current nexus analysis. Staff believes this approach better aligns the City’s fee programs with current legal and policy considerations, including the City’s housing production goals and broader economic development objectives.
Staff also recommends authorizing the Community & Economic Development Director to settle any timely filed fee protests related to the Construction Vehicle Impact Fee, as staff anticipates that there are projects that will seek this relief upon Council’s adoption of this fee.
COMMUNITY OUTREACH:
The proposed fee updates and related development impact fee discussions have been publicly discussed as part of the City’s broader development impact fee update initiative, including at City Council and Subcommittee meetings. Relevant nexus studies and supporting materials have been made available on the City’s development impact fee project webpage.
FISCAL IMPACT:
Repeal of the Construction Vehicle Impact Fee would reduce revenue that would otherwise be collected under Resolution No. 11473. However, staff anticipates that the updated Transportation Mitigation Fee will continue to provide funding toward transportation improvements associated with new development.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as presented.
2. Adopt the resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution repealing the Construction Vehicle Impact Fee and authorizing the Community & Economic Development Director to settle any timely-filed fee protests related to construction vehicle impact fees for projects that have not paid the fee.
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING
THE CONSTRUCTION VEHICLE IMPACT FEE AND AUTHORIZING THE COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR TO SETTLE ANY TIMELYFILED FEE PROTESTS RELATED TO CONSTRUCTION VEHICLE IMPACT FEES
FOR PROJECTS THAT HAVE NOT PAID THE FEE
WHEREAS, the City of San Rafael (“City”) is engaged in a broader, multi-year effort to review and update its development impact fee programs to ensure that fees remain legally compliant, proportional to development impacts, and aligned with current infrastructure funding needs; and
WHEREAS, as part of this effort, the City is evaluating updates to the Transportation Mitigation Fee (“TMF”) and park-related development impact fees; and WHEREAS, the City Council previously established the Construction Vehicle Impact Fee pursuant to Resolution No. 11473 in 2004 to offset roadway wear and related impacts caused by heavy construction vehicles associated with development activity; and WHEREAS, since the adoption of the Construction Vehicle Impact Fee more than two decades ago, the City’s overall development impact fee structure has evolved substantially; and
WHEREAS, the City Council finds that repeal of the Construction Vehicle Impact Fee is appropriate as the City updates other development impact fee programs; and WHEREAS, the City Council further finds that repealing the Construction Vehicle Impact Fee would provide additional fee capacity within the City’s overall development impact fee structure.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes as follows:
1. The Construction Vehicle Impact Fee established pursuant to Resolution No. 11473 is hereby repealed effective immediately upon adoption of this Resolution.
2. The Community & Economic Development Director is hereby authorized to settle any timely filed fee protests related to the Construction Vehicle Impact Fee for projects that have not paid the fee.
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 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 1.e
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski
Assistant City Manager
City Manager Approval: ______________
TOPIC: CAMPING REGULATIONS EVALUATION AND PROPOSED CHANGES SUBJECT: ENFORCEMENT UPDATE OF SAN RAFAEL MUNICIPAL CODE (“SRMC”) CHAPTER
19.50, “CAMPING ON PUBLIC PROPERTY”; ADOPTION OF A RESOLUTION PROHIBITING CAMPING ALONG ANDERSEN DRIVE PURSUANT TO SRMC §
19.50.030(B); CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINES 15061(B)(3); 15307; 15308 AND ACCEPT REPORT ON ADMINISTRATIVE INTERPRETATION OF "PUBLIC FACILITY" AND “PARK” UNDER SRMC §
19.50.030(A)(1), (3)
RECOMMENDATION:
Staff recommend the City Council receive the enforcement update of SRMC Chapter 19.50, “Camping on Public Property”, adopt the resolution prohibiting camping along Andersen Drive between Lindaro and Irwin Streets, and accept the report on the administrative interpretation of “Public Facility” under SRMC § 19.50.030(A)(1),(3).
BACKGROUND:
San Rafael Municipal Code Chapter 19.50, Camping on Public Property, has been amended several times since the City Council first adopted Ordinance No. 2030 in July 2023. In April 2024, the Council adopted Ordinance No. 2035 to address concerns raised by the federal court in Boyd et al. v. City of San Rafael and to modify campsite size and spacing requirements. Following the U.S. Supreme Court's decision in Grants Pass v. Johnson in June 2024—which reversed the Ninth Circuit's Eighth Amendment framework that had constrained local camping regulation—the Council adopted Ordinance No. 2040 in August 2024. Ordinance 2040 provided the City with greater regulatory flexibility, clarified the prohibition on unpermitted structures, and established a 5-foot roadway setback requirement. Ordinance 2040 took effect on October 3, 2024.
The City also established a Sanctioned Camping Area (SCA) in October 2024 on the northern section of the Mahon Creek Path, funded through a $5,999,241 Encampment Resolution Funding Round 3 (ERF3) grant awarded jointly to the City and the County of Marin. The SCA has operated, on average, at full capacity of 50 participants since opening and has served as a critical managed housing pathway, with multiple participants securing permanent housing or employment since its inception.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
In October 2024, the City Council adopted Resolution No. 15349, prohibiting camping on the South Mahon Creek Path between Lincoln Avenue and Andersen Drive, to support the integrity of the SCA and prevent unmanaged encampments from forming adjacent to the sanctioned site.
In April 2025, the Council adopted Ordinance No. 2046, which amended Chapter 19.50 to prohibit camping in all City parks. The amendment replaced the prior prohibition on camping in open space property with a prohibition on camping in parks, as defined in SRMC Section 19.20.020(I), which encompasses both parks and open space. The Council acted on the basis of heightened wildfire risk, the designation of multiple City parks within Cal Fire's updated Fire Hazard Severity Zones, and the absence of any individuals camping in City parks at the time of adoption.
In November 2025, the Council declared a shelter crisis and entered into a Grant Agreement with the County of Marin to facilitate the purchase of 350 Merrydale Road and establishment of the County’s first interim shelter and a future affordable housing project. The proposed interim shelter will provide 65 cabins for individuals experiencing homelessness and will connect them to housing based case management and other social services on site.
In January 2026, the Council adopted Resolution No. 15494, prohibiting camping at City Hall (APN 011- 203-12) through July 21, 2026, to facilitate rodent and pest mitigation and planned capital improvement work.
Staff returns now with an updated evaluation of camping ordinance enforcement and recommendations for Council consideration as the City moves closer to the opening of the 350 Merrydale Interim Shelter.
ANALYSIS:
Camping Ordinance Enforcement Evaluation October 2024 – February 2026 Since Ordinance 2040 took effect in October 2024, the City has maintained a consistent enforcement cadence. Enforcement activities related to campsite size, setback, and unpermitted structure violations take place each Tuesday and Thursday. Enforcement of camping prohibitions occurs on Tuesdays and Wednesdays and on an as needed basis. The City's Special Operations Unit (SOU) conducts weekly assessments of known hotspots, issues notices to non-compliant campsites, and coordinates with the City's encampment clean-up contractor for follow-up actions 24 to 48 hours after noticing.
The following table summarizes citywide enforcement metrics across three comparable five-month periods since the ordinance took effect.
Table 1: Citywide Calls for Service & Campsite Warning Notices – October 2024 through April 2026 Category 2024
(Oct-Dec)
2025 2026
Year to Date
Calls for Service (Camping) 146 324 61
Campsite Warning Notices
Issued
46 72 18
Arrests Resulting from
Camping CFS
Low Low Low
The data reflects several meaningful trends. First, campsite warning notices have stabilized over time.
Following an initial enforcement surge of 46 notices in the first three months after initial adoption (~15 per month), the pace of noticing moderated to 72 notices over the full calendar year 2025 (~6 per month).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Early 2026 data indicate a continuing stable pace of (~4.5 per month). Staff attributes this stabilization to a combination of factors: improved community awareness of the camping ordinance's requirements, consistent outreach from the City's Special Operations Unit and nonprofit partners, and the structure provided by the SCA for the City's largest encampment population.
Second, while calls for service related to camping activity remain present across the City, only a small proportion have resulted in arrests. This pattern reflects the City's deliberate approach of prioritizing engagement, outreach, and voluntary compliance over punitive enforcement. These efforts are complimented by the SAFE Team who continues to divert a significant share of calls to service-based responses rather than law enforcement action.
Third, the SCA has demonstrably reduced campsite warning report activity in the Mahon Creek corridor.
Since the SCA's opening, the number of Campsite Warning Police Reports citywide declined by nearly 18 percent compared to the five-month period prior to October 2024, consistent with the removal of the City's largest unmanaged encampment from the inventory of enforcement locations.
Overall, staff finds that Chapter 19.50's regulatory framework has functioned as intended: it has given the City consistent and adaptable tools to manage camping activity, reduced the concentration of large, unmanaged encampments, and supported a service-oriented enforcement approach. The data also highlights that camping activity persists citywide, underscoring the continued importance of pairing regulatory enforcement with managed solutions, including the forthcoming Merrydale Interim Shelter.
Administrative Interpretation: Definition of "Public Facility" and “Parks” Under SRMC §
19.50.030(A)(1),(3)
SRMC § 19.50.030(A)(3) prohibits camping in or on any "public facility, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with access to a public facility or private real property.” SRMC § 19.50.020(G) defines "public facility" as “any building or structure on public property, whether secured, unsecured, locked, unlocked, open, or enclosed, as well as any area of public property enclosed by a locked fence.” In addition, SRMC § 19.50.030 prohibits camping “in or on any park, or portion thereof.” “Park” is defined broadly to include “every park, plaza, outdoor public area, trails, open space property, greenbelt, or portion thereof, together with any accompanying parking lot or staging area, which is owned, managed, or controlled by the City of San Rafael for the recreational use and/or enjoyment of the public.” (SRMC §§ 19.20.020(I); 19.50.020(D).)
Due to changes in the legal landscape surrounding the Camping Ordinance, staff have reviewed and are now recommending an updated administrative interpretation that City Hall and other municipal buildings—including the Public Safety Center, community centers, and libraries—are public facilities within the plain meaning of “public facility” under SRMC 19.50.030(A)(3). In addition, the definition of park would include the open areas surrounding public facilities, such as the grassy area and adjacent parking lot at City Hall, as well as the grassy area between Merrydale Road and the boundary of the property for the Marin Civic Center SMART Station . Accordingly, camping in or on City Hall property, or in a manner that obstructs access to City Hall, is prohibited under § 19.50.030(A)(3), independent of any resolution or administrative order.
This administrative interpretation does not require City Council action. Staff reports it here to ensure transparency regarding how the existing code is being applied and to provide a clear basis for enforcement at City Hall and similar municipal buildings going forward, particularly as Resolution No. 15494, which temporarily prohibited camping around City Hall, approaches its July 21, 2026, expiration.
Staff will continue to apply this interpretation to enforce camping prohibitions at public facilities consistent with Section 19.50.050(C) which provides the city manager or their designee to require a person camping on such property to immediately cease the prohibited camping.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Resolution Prohibiting Camping on Andersen Drive
It has been the intent of the City to prohibit camping along Andersen Drive concurrently with the opening of the 350 Merrydale Interim Shelter. Staff have made this representation before the City Council at various presentations relating to the 350 Merrydale project, as well as at various public community meetings and on the City’s website. Accordingly, staff recommend that the City Council adopt a resolution pursuant to SRMC § 19.50.030(B) prohibiting camping on adjacent segments of right of way along the Andersen Drive (between Lindaro Street and Rice Street).
Conditions along the Andersen Drive corridor, specifically between Lindaro and Irwin Streets, have not improved in recent months. Active encampment activity has resulted in accumulation of trash, debris, and human waste, raising significant public health and safety concerns and generating substantial calls for service to the Police Department as well as the Public Works Department. Since 2025, the San Rafael Fire Department has responded to seven encampment related fires at or near the Andersen drive encampment. The City continues to receive complaints from residents and business owners over the state of the encampment as well as reports of debris spilling out into the bike lane and roadway as well individuals themselves walking into on-coming traffic.
Critically, the anticipated opening of the Merrydale Interim Shelter at 350 Merrydale Road in Fall 2026 presents a targeted and service-rich housing pathway for individuals currently residing along Andersen Drive. The planned shelter, developed in partnership with the County of Marin, will provide 65 cabin units connected to housing-based case management and supportive services. Individuals currently camping along Andersen Drive, as well as the current participants of the Sanctioned Camping Area will be the only individuals eligible to participate in the Merrydale Interim Shelter.
Staff recommend that the City Council adopt a resolution which first prohibits new camping along Andersen drive between Lindaro Street and Irwin Street, and then fully prohibits camping concurrent with the opening of the Merrydale Interim Shelter. This approach allows the existing encampment population to remain in this location until they can be relocated into the Sanctioned Camping Area, as space becomes available, and then the Merrydale interim shelter once it opens. Once the Merrydale interim shelter opens, this encampment will be removed and future camping on the property will be expressly prohibited.
While participation in the SCA and Merrydale Shelter is limited to an already identified list of 70 unique individuals, this approach is designed to stem any potential increase in encampment population from this time through the opening of the shelter. This approach will also give outreach staff ample time (i.e. months) to begin structured outreach in anticipation of the closure of the encampment and relocation of individuals.
This approach is consistent with the City's prior use of § 19.50.030(B) to address specific corridor and site-based concerns. The South Mahon Creek Path prohibition adopted in October 2024 demonstrated that targeted, resolution-based prohibitions can effectively manage encampment conditions in proximity to managed shelter programs. Andersen Drive presents an analogous situation, and the impending Merrydale opening provides a clear service-side complement to the regulatory action.
Alternative: Take no Action
Lastly, the City Council could elect to not adopt the proposed resolution A departure from what has been publicly discussed, this option would permit camping to continue along Andersen Drive after the opening of the Merrydale Project. Staff does not recommend this approach given the public health and safety concerns with allowing the encampment along Andersen to persist.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
350 Merrydale Context
Throughout the community engagement efforts related to the 350 Merrydale, members of the community have expressed concerns around the perception that encampments may begin to develop within the surrounding Rafael Meadows neighborhood and adjacent properties to 350 Merrydale. Under the proposed interpretation, there are no locations within the Rafael Meadows neighborhood where an individual could legally camp under SRMC 19.50. Furthermore, for nearby and adjacent Caltrans properties, Caltrans expressly prohibits encampments on its right-of-way. While only Caltrans retains the ability to enforce their policy on their property, the City is continuing its efforts to engage with Caltrans to develop a Deferred Maintenance Agreement whereby the City would be able to enforce and abate any encampments on Caltrans right-of-way within the boundaries of the City.
Homelessness Subcommittee Review
The City Council Homelessness Subcommittee received a presentation on the staff recommendation at their May 19, 2026, meeting. The Subcommittee expressed their support of the recommended approach detailed in this report.
ENVIRONMENTAL REVIEW:
Staff finds that the proposed approval of this resolution is exempt from the California Environmental Quality Act (CEQA) because the proposed action is intended to limit the secondary impacts associated with unhoused persons living in locations could cause damage to environmental resources, and to prohibit discharges of untreated wastewater and other pollutants, and is therefore exempt under Cal.
Code of Regs, tit, 14,§ 15307, as an action to protect natural resources and under Cal. Code Regs, tit. 14, § 15308, as an action for protection of the environment. In addition, the resolution is exempt under the “common sense” exemption because it does not involve the construction or alteration of facilities and has no potential for resulting in direct or indirect significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3).
COMMUNITY OUTREACH:
In advance of this item, Community Services staff conducted outreach to the City’s non-profit and County partners and outreached the Marin County Lived Experience Advisory Board. In the event the City Council adopts the proposed resolution, staff will conduct targeted field outreach to individuals currently camping on Andersen Drive to educate them on the changes in regulations.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the proposed resolution. Costs associated with outreach, noticing, and encampment clean-up activities at Andersen Drive are anticipated to be absorbed within existing departmental budgets. Staff will monitor costs and report to the Council if additional appropriations are needed.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the staff recommendation.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommend the City Council receive the report on enforcement update of SRMC Chapter 19.50, “Camping on Public Property”, adopt the resolution prohibiting camping along the full length of Andersen SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Drive, and accept the report on the administrative interpretation of “Public Facility” under SRMC §
19.50.030(A)(1),(3).
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
PROHIBITING CAMPING ON ANDERSEN DRIVE
WHEREAS, the City of San Rafael owns and manages public property, including streets and public rights-of-way, and has a responsibility to maintain these properties as safe, accessible, and functional spaces for the entire community; and WHEREAS, San Rafael Municipal Code (SRMC) Section 19.50.030(A)(6) prohibits camping in or on any public right-of-way or sidewalk, or portion thereof; and WHEREAS, San Rafael Municipal Code (SRMC) Section 19.50.030(B) authorizes the City Council to absolutely prohibit camping, or to adopt time, place, or manner conditions on camping, at any time in or on one or more public properties or portions thereof; and
WHEREAS, Andersen Drive is a public street and right-of-way within the City of San Rafael and the public property adjacent to and along Andersen Drive is owned and/or managed by the City; and
WHEREAS, camping activity along Andersen Drive has resulted in conditions that raise significant public health and safety concerns, including accumulation of trash, debris, and human waste; and obstruction of public access and circulation; and WHEREAS, the San Rafael Police Department has responded to a substantial volume of calls for service along the Andersen Drive corridor related to camping activity, creating public safety challenges for both the unsheltered individuals camping in the area and for the surrounding community; and
WHEREAS, the City, in partnership with the County of Marin, anticipates the opening of the Merrydale Interim Shelter at 350 Merrydale Road in Fall 2026, which will provide up to 65 cabin units with on-site housing-based case management and supportive services, and is intended to serve individuals currently participating in the Sanctioned Camping Area as well as those currently residing along the Andersen Drive corridor; and
WHEREAS, establishing a camping prohibition along Andersen Drive now will assist the City in managing conditions in the corridor in advance of the Merrydale Interim Shelter opening, support outreach and intake efforts targeting Andersen Drive residents, and help ensure that individuals are connected with services and stable housing pathways; and
WHEREAS, the City Council finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) (common sense exemption), and sections 15307 and 15308 of Title 14 of the California Code of Regulations, as actions taken to protect natural resources and the environment.
NOW, THEREFORE BE IT RESOLVED, based on the staff report and presentation and public comment received, the City Council hereby finds that the foregoing recitals are true and correct and orders that, no new campsite is allowed along Andersen Drive between Lindaro and Irwin Streets, including all public property, public rights-of-way, and City-owned parcels adjacent to or along Andersen Drive, effective immediately.
BE IT FURTHER RESOLVED that concurrent with the opening of the Merrydale Interim Shelter, all camping shall be prohibited along Andersen Drive between Lindaro and Irwin Streets, including all public property, public rights-of-way, and City-owned parcels adjacent to or along Andersen Drive.
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate this prohibition, including but not limited to issuing required notices to individuals currently camping within the affected area, coordinating outreach and connection to available shelter and services, and clearing existing campsites in accordance with applicable law and City policy.
BE IT FURTHER RESOLVED that this prohibition shall remain in effect until a subsequent resolution of the City Council or administrative order of the City Manager rescinds or modifies the prohibition.
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 15th day of June 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________
Lindsay Lara, City Clerk
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.f
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Walter Gonzalez, Management Analyst
Angela Robinson Piñon, Assistant City
Manager
City Manager Approval: __________
TOPIC: TITLE VI (NON-DISCRIMINATION) PLAN
SUBJECT: RESOLUTION APPROVING A TITLE VI PLAN
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving the Title VI Plan for the City of San Rafael and authorizing the City Manager to take all necessary actions to implement the resolution and take all actions to ensure ongoing compliance with Title VI of the Civil Rights Act of 1964 and related regulations.
BACKGROUND:
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. As a recipient of federal funding for transportation, infrastructure, and other programs, the City of San Rafael is required to comply with Title VI and implementing regulations, including those of the U.S. Department of Transportation (49 Code of Federal Regulations (CFR) Part 21). Other nondiscrimination statutes that afford legal protection under the Federal Highway Administration (FHWA) Title VI (Non-discrimination) Plan include sex, age, disability, religion, sexual orientation, and other categories.
To maintain eligibility for federal and state funding from Caltrans, the City must adopt and periodically update a Title VI Plan. Caltrans is the compliance agent for federally funded projects through the FHWA and conducts program assessments of recipients to ensure compliance with Title VI requirements pursuant to 23 CFR 200.9(b)(7). The program outlines the policies, procedures, and commitments to ensuring nondiscrimination and equitable access to Public Works programs and services.
ANALYSIS:
Adoption of a Title VI Plan ensures compliance with federal civil rights requirements and preserves eligibility for critical federal and state funding. As a funding recipient, the City must demonstrate that its programs and services are delivered in a nondiscriminatory manner consistent with Title VI.
The proposed Title VI Plan (Attachment 2) establishes clear policies, roles, and procedures, including designation of a Title VI Coordinator, a standardized complaint process, and enhanced language access and outreach efforts. These elements improve consistency, transparency, and accountability.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Title VI Plan can be implemented within existing resources and aligns with current staff functions within the Public Works Department and the City Manager’s Office. Failure to adopt a compliant Title VI Program could jeopardize Caltrans funding and expose the City to compliance risks. Adoption is therefore both a regulatory requirement and a strategic action that advances the City’s commitment to equitable service delivery.
This action directly supports the City’s FY 2025-2028 Strategic Plan, particularly goals related to advancing equity, strengthening community engagement, and delivering high-quality, accessible services. By improving outreach and access for historically underserved communities, including those with limited English proficiency, the Program helps ensure that all residents can meaningfully participate in and benefit from City services.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of the Title VI Plan. Staff time required to implement and maintain the program will be accommodated within the Public Works and City Manager’s Office budgets. Maintaining compliance with Title VI is essential to preserving eligibility for federal and state funding.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Adopt the resolution.
2. Request modifications and continue the item.
3. Do not adopt the resolution and provide direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving the Title VI Plan for the City of San Rafael and authorizing the City Manager to take all necessary actions to implement the resolution and take all actions to ensure ongoing compliance with Title VI and related regulations.
ATTACHMENTS:
1. Resolution
2. Exhibit A – Title VI Plan
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A
TITLE VI PLAN
WHEREAS, Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance; and WHEREAS, multiple similar statutes were created at later dates extending discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, and other categories; and
WHEREAS, the City of San Rafael currently receives federal financial assistance from the California Department of Transportation (Caltrans) and is required to comply with Title VI and related non-discrimination laws and regulations; and WHEREAS, the City is committed to ensuring that no person is excluded from participation in, denied the benefits of, or otherwise discriminated against in any City program, service, or activity on the basis of race, color, or national origin; and WHEREAS, federal regulations issued by the U.S. Department of Transportation, including 49 Code of Federal Regulations Part 21, require recipients of federal funding to adopt and implement a Title VI program; and
WHEREAS, the City of San Rafael seeks to formalize its commitment to nondiscrimination and ensure compliance with all applicable federal and state civil rights laws.
NOW, THEREFORE, BE IT RESOLVED that the City Council:
1. Adopts the City of San Rafael Title VI Plan attached as Exhibit A; and
2. Authorizes the City Manager to implement this resolution and take all actions necessary to ensure ongoing compliance with Title VI and related regulations.
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 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
______________________
Lindsay Lara, City Clerk
City of San Rafael Title VI Plan
TITLE VI PLAN
TABLE OF CONTENTS
Non-Discrimination Policy Statement ........................................................................ 1 I. Introduction ............................................................................................................... 2 Title VI and Related Authorities.................................................................................. 2 Limited English Proficiency (LEP).............................................................................. 3 City Governance ....................................................................................................... 3 Organization Structure .............................................................................................. 3 Training..................................................................................................................... 4 Contracts and Agreements ....................................................................................... 5 Meaningful Access to Programs and Activities for Persons with Disabilities.............. 5 Data Collection ......................................................................................................... 5 Annual Work Plan ..................................................................................................... 6 Compliance and Enforcement................................................................................... 7 Review of City Directives .......................................................................................... 7 II. Title VI Notification and Complaint Procedures........................................................... 7 City of San Rafael Title VI Complaint Procedures ...................................................... 7 III. Public Participation Plan (PPP)................................................................................. 9 IV. Glossary ................................................................................................................. 10 APPENDIX A........................................................................................................... 13 APPENDIX B .......................................................................................................... 16 APPENDIX C .......................................................................................................... 19 APPENDIX D .......................................................................................................... 21 APPENDIX E........................................................................................................... 23 APPENDIX F........................................................................................................... 31 1 CITY OF SAN RAFAEL TITLE VI PLAN
Non-Discrimination Policy Statement
It is the policy of the City of San Rafael Department of Public Works that no person shall on the grounds of race, color, national origin, sex, disability, age, or other protected status be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of the City of San Rafael as provided by Title VI of the Civil Rights Act of 1964 and related statutes.
This policy applies to all operations of the Department of Public Works, including its contractors and anyone who acts on behalf of the Department. This policy also applies to the operations of any department or agency to which the City of San Rafael extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.
Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination.
Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, age, or other protected status include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment.
Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinators and other City staff, as described in this Plan, are authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d, and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.
___________________________ __________________
Paul Navazio Date
Interim City Manager
2 I. Introduction
Title VI of the Civil Rights Act of 1964 (Title VI) is a federal law that requires no person in the United States on the grounds of race, color, or national origin to be excluded from, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The Federal-Aid Highway Act of 1973 added the requirement that there be no discrimination on the basis of sex. Title VI applies to recipients and sub-recipients of federal financial assistance.
The City of San Rafael (City) may receive federal funding from the Federal Highway Administration (FHWA) and other federal program funding. Recipients of federal aid are required to comply with Title VI and the related Department of Transportation regulations (Title 49 CFR Part 21).
The primary goals and objectives of the City of San Rafael’s Title VI Plan are:
• To assign roles, responsibilities, and procedures for ensuring compliance with Title VI and related regulations and directives;
• To ensure that people affected by the City's programs and projects receive the services, benefits, and opportunities to which they are entitled without regard to race, color, national origin, age, sex, or disability;
• To prevent discrimination in the City's programs and activities; • To establish procedures for identifying impacts in any program, service, or activity that may create discriminatory adverse effects on any person because of race, color, national origin, age, sex, or disability; or on minority populations, low-income populations, the elderly, and all interested persons and affected Title VI populations;
• To establish procedures to review Title VI compliance within specific program areas within the City; • To set forth procedures for filing and processing complaints by persons who believe they have been subjected to discrimination under Title VI in the City's services, programs, or activities.
Title VI and Related Authorities
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) states the following: “No person in the United States, on the grounds of race, color, or national origin, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 791 et seq.) prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance and in federally conducted programs.
The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107) prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance.
Title IX of the Education Amendments Act of 1972 (20 U.S.C. §§ 1681-1688) provides that no person in the United States, on the basis of sex, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
The Civil Rights Restoration Act of 1987, P.L. 100-209, provides clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Educational Amendments Act of 1972, 3 the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973.
Limited English Proficiency (LEP)
Limited English Proficiency persons refer to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.
LEP persons are entitled to language assistance under Title VI of the Civil Rights Act of 1964, and federal assistance recipients shall take reasonable steps to ensure meaningful access to benefits, services, information, and other important portions of their programs and activities.
Within this document, the terms non-English speakers, or Linguistically Diverse (LD) individuals, will be used instead of LEP.
The City has drafted a Language Access Plan (LAP), attached as Appendix E, including relevant data, to identify reasonable steps to provide language assistance for LD persons who seek meaningful access to the City's services.
City Governance
The residents of San Rafael sit at the top of the City’s organizational structure. They directly elect the Mayor, the four district-based City Councilmembers, the City Attorney, and the City Clerk. The Mayor and City Council also represent San Rafael on various regional boards and committees—such as the SMART Board, the San Rafael Sanitation District, the Marin Wildfire Authority, and others.
San Rafael is a full-service city, employing more than 400 full-time and part-time staff across 11 departments, each with its own specialized divisions and service areas.
The four district-elected Councilmembers and the at-large elected Mayor appoint members to the City’s Boards and Commissions, which serve as advisory bodies to the Council.
The Mayor and City Council hire and confirm the City Manager, who serves as the Chief Executive Officer of the municipal government. The City Manager oversees the administration of City services and programs, ensures enforcement of the Municipal Code and ordinances, and prepares the annual budget.
The City Manager also appoints Assistant City Managers and department directors.
Organization Structure
The City Manager is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that nondiscrimination is required of all City employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21.
The Title VI Coordinators are responsible for implementing the City’s Title VI Plan and coordinating the City’s compliance with Title VI and related statutes, regulations, and directives.
The City of San Rafael has designated an Assistant City Manager and Public Works Director to perform the duties of Title VI Coordinators.
4 Title VI Organization Chart
The Title VI Coordinators are responsible for:
• Submitting the Title VI Plan and annual reports on the City of San Rafael’s behalf. • Implementing the City’s discrimination complaint and compliance review procedure, receive and process Title VI discrimination complaints, and oversee the process to ensure that complaints are handled effectively.
• Receiving and responding to inquiries from City residents, participants, stakeholders, leadership, staff, and others regarding discrimination, and other inquiries regarding Title VI. • Coordinating Title VI program development, including the development of procedures for the collection and analysis of statistical data and a program to conduct Title VI reviews of program areas; and conduct annual Title VI assessments of pertinent program areas in each of their departments.
• Organizing and maintaining records of all complaints filed and compliance reviews conducted to ensure tracking of all discrimination complaints filed under federal non-discrimination Title VI requirements.
• Coordinating the creation and delivery of Title VI training. • Developing Title VI information for dissemination.
• Conducting Title VI reviews of program areas.
• Identifying deficiencies in compliance with Title VI requirements and make recommendations for remedial actions to be taken to resolve such deficiencies. • Establishing procedures to ensure that Title VI Assurances are incorporated into all federal-aid Contracts and Agreements.
Training
Training will be made available to City of San Rafael Department of Public Works staff responsible for implementing the Title VI Requirements. These trainings will occur at least every two years. The training will cover the Title VI Non-discrimination Policy Statement, complaint process, public participation plan, language access plan, and where to seek assistance for Title VI questions and concerns. All staff City Manager
Head of Agency
Assistant City Manager
and Public Works Director
Title VI Coordinators
5 receiving training will be required to sign a form acknowledging the Non-Discrimination policy. The standard acknowledgment is attached as Appendix C. Training attendance records will be maintained by the Department as part of the Title VI program documentation.
Contracts and Agreements
The Department of Public Works affirms its compliance with Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes. The Department provides assurance to the Federal Highway Administration (FHWA) that all federally funded programs and activities are administered in compliance with applicable nondiscrimination requirements.
The Department of Public Works will ensure that contracts for federally funded FHWA programs and activities administered by the Department contain Title VI Assurances. The Department further ensures that the required Title VI Assurances, including Appendices A and E of DOT Order 1050.2A, are incorporated into all consultant contracts and agreements involving federal funding. These assurances are included in Appendix F.
Meaningful Access to Programs and Activities for Persons with Disabilities It is the City's policy to administer its programs and activities in a manner that provides meaningful access to persons with disabilities in accordance with the Americans with Disabilities Act of 1990, as amended, and other related civil rights laws. The City will:
• Provide, at no cost, appropriate auxiliary aids and services, including but not limited to, qualified interpreters to individuals who are deaf or hard of hearing, and to other individuals as necessary to ensure effective communication and an equal opportunity to participate fully in the benefits, activities, programs and services provided by the City promptly and in such a way as to protect the privacy and independence of the individual.
• Ensure that the City's facilities and other facilities utilized by the City are physically accessible for individuals with disabilities.
Data Collection
The City of San Rafael Department of Public Works will be continually working to improve data collection and analysis methods to provide greater effectiveness of the Title VI Plan. The Department of Public Works may collect and analyze data related to their respective programs, projects, activities, and services. This data helps the Department of Public Works to determine the needs and characteristics of the communities impacted by its programs, projects, and services. In turn, this supports the Department in tailoring its services to its population, delivering effective and equitable services, and ensuring meaningful access to information, programs, and activities.
Demographic and related data collected and used by staff come from governmental sources responsible for collecting and analyzing the information to ensure consistency and accuracy. These sources include, but are not limited to, the U.S. Bureau of Labor Statistics, the U.S. Census Bureau, the U.S. Bureau of Economic Analysis, the California Department of Finance, the California Department of Labor, the California Employment Development Department, the Association of Bay Area Governments, and the Metropolitan Transportation Commission.
For federally funded projects, staff may use various methods to collect project-specific demographic data during public outreach. These methods may include social media releases, surveys, public meetings, and public comments collected on project websites.
For operational and maintenance services that are primarily request-driven or safety-driven, such as pothole repair, vegetation trimming, park maintenance, and illegal dumping response, services are provided based on reported needs and operational priorities rather than demographic analysis. Language accessibility measures, including Spanish-speaking staff, help ensure that residents have equitable access to these services.
6 Program Area Type of Data Collected &
Process for Collection
Intended Outcome of Data
Analysis
(i.e. Title VI Purpose for
Collecting Data)
Maintenance and Service
Requests
Services such as pothole repair,
flooding response, and illegal
dumping are request-driven or
safety driven. Requests are
received through phone calls,
service requests, or reporting
tools such as the SeeClickFix
app. Spanish speaking staff
assist residents when needed.
Ensure equitable access to
public services regardless of
race, color, national origin, or
language ability.
Transportation Planning &
Grant Programs
U.S. Census and American
Community Survey (ACS)
demographic data are used to
evaluate communities
potentially affected by
transportation projects. Some
grant programs require
demographic analysis of
disadvantaged communities.
Ensure transportation
investments consider impacts
to minority, low-income, and
disadvantaged communities
and comply with Title VI
requirements.
Permitting and Inspections Permitting staff interact directly with applicants and residents
during permit processing and
field inspections. Spanish
speaking staff assist residents
when language barriers exist,
and many small permit
inspections are conducted in
Spanish when necessary.
Ensure that linguistically
diverse residents are able to
understand permit
requirements and access
permitting services.
Public Outreach Activities Demographic information from U.S. Census and ACS may be
reviewed to understand
community characteristics
when conducting outreach or
project planning.
Help ensure outreach efforts
reach diverse populations and
underserved communities.
Annual Work Plan
Title VI Coordinators will annually establish and monitor program goals and maintain a Work Plan. Title VI Coordinators will ensure that training is conducted, that language translation services remain available, that public participation is optimal, and that appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with the federal agency as necessary. The Annual Work Plan will guide updates to the Title VI Plan, which shall be updated every three years. The Annual Work Plan will be posted to the City’s website.
7 Compliance and Enforcement
The Department of Public Works shall make every effort to monitor, review, and report on compliance with Title VI. If the Department determines that after a desk audit review, compliance review, or complaint investigation, that a sub-recipient (e.g., contractors, vendors, consultants) or City employee is not in compliance with Title VI requirements, they will be notified in writing of the violation(s) or deficiencies and recommended corrective actions to resolve the violation(s) or deficiencies. Sub-recipients and employees found to be in noncompliance are expected to implement corrective actions within a reasonable period.
The Title VI Coordinator will provide assistance to ensure implementation of the corrective actions and that the violation(s) or deficiencies are sufficiently corrected.
Review of City Directives
The City Attorney’s Office will review City policy and procedural directives for any possible Title VI implications that may impact individuals or communities protected under Title VI of the Civil Rights Act of 1964. If a directive is believed to have Title VI implications, it will be discussed with the Title VI Coordinator and Department Directors as appropriate.
II. Title VI Notification and Complaint Procedures
The Department of Public Works will ensure that people may participate in, enjoy the benefits of, and be free from discrimination under any program or activity it administers without regard to any protected status.
The Department will display the "Notice of Non-Discrimination" (Appendix A and A-1) in a prominent place for public view and on the City’s website.
City of San Rafael Title VI Complaint Procedures
Submission of Complaint
If a person believes they have received discriminatory treatment by a City of San Rafael employee based on race, color, or national origin (including Limited English Proficiency), or any other status protected by Title VI, the person will have the right to file a Title VI complaint with the City. The complaint must be filed within 180 days of the alleged discriminatory incident.
Preparation of Complaint by Complainant
The City’s Title VI Coordinator will only process complaints that are complete and include the following information:
• Complainant’s contact information
• Date(s) of alleged discriminatory act(s)
• Details of alleged discrimination
• Identification of the City Department responsible for the alleged discrimination. • Basis of the complaint (e.g., race, color, or national origin) • Signature of the complainant or complainant’s representative The Title VI Complaint form is available on the City’s website in English and Spanish at www.cityofsanrafael.org. Copies may also be obtained from the City Manager’s Office (1400 Fifth Avenue, Room 203) and at the Department of Public Works (111 Morphew). A sample of the Title VI Complaint form is provided as Appendix B. In cases where a complainant is unable or incapable of providing a written complaint, a verbal complaint may be made. If submitted via email, the email should include the signed and dated complaint as an attachment. Any person requiring a reasonable accommodation may contact the Title VI Coordinator to obtain assistance in filing a Complaint. 8 No person who files a complaint, nor any person who cooperates in the investigation of the complaint, shall be subjected to retaliation, and the City shall take reasonable steps to protect such persons from retaliatory actions.
Every effort will be made to resolve complaints as soon as possible. Before filing a complaint and at any time during an investigation, the complainant may contact the Title VI Coordinator at (415) 485-3070 or via email at [email protected] to attempt to resolve the matter informally.
Once received, the Title VI Coordinator will assign a number to each complaint, and each will be included in the City’s Title VI Complaint Log (Appendix D). The Complaint Log is maintained in accordance with federal nondiscrimination requirements and is made available to Caltrans or the FHWA upon request.
Records related to Title VI complaints, investigations, training, outreach activities, and program reviews are maintained by the Title VI Coordinator in accordance with applicable federal and state record retention requirements and are available for review by Caltrans or FHWA upon request.
If no Title VI complaints are received during a reporting period, the log will indicate that no complaints were filed.
Investigation of Complaints
Title VI Complaints Processed Under the Federal Highway Administration (FHWA): Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient (e.g., the City of San Rafael) via email are to be forwarded to Caltrans within one business day of receipt to [email protected] be submitted to the FHWA California Division Office. If FHWA’s Headquarters Office of Civil Rights (HCR) determines that Caltrans can investigate a Title VI complaint against a sub-recipient, HCR may delegate the task of investigating the complaint to Caltrans.
Title VI Complaints Processed Under the Federal Transit Administration (FTA): Title VI complaints filed with Caltrans against a sub-recipient will be investigated by Caltrans. If the complaint is filed with the sub-recipient, the sub-recipient is responsible for investigating the complaint in accordance with FTA Circular 4702.1B. FTA recommends, but does not require, that individuals first file a complaint directly with their transit provider to allow the provider to resolve the situation. FTA grantees are required to have local complaint procedures.
A person may also file a complaint directly with:
Federal Highway Administration
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE
8th Floor E81-105
Washington, DC 20590
https://highways.dot.gov/civil-rights/title-vi-civil-rights-act-1964-and-additional- nondiscriminationrequirements Federal Transit Administration Civil Rights Division
Attention: Complaint Team
East Building, 5th Floor – TCR 1
200 New Jersey Avenue, SE
Washington, DC 20590
California Department of Transportation
Office of Civil Rights
9 Attention: Title VI Branch Manager
P.O. Box 942874, MS 79
Sacramento, CA 94274-0001
Email: [email protected]
https://dot.ca.gov/programs/civil-rights/title-vi
III. Public Participation Plan (PPP)
The Department of Public Works is committed to advancing projects, programs, and services delivered by the City that are sensitive to the various demographic backgrounds within the Department. The Department’s encouragement of Public Participation promotes public involvement in the planning and decision-making process of projects, programs, and services.
As a recipient of federal funding, the Department is required to adhere to Title VI of the Civil Rights Act of 1964 and to integrate the Public Participation into its Title VI Plan. This Plan provides guidelines for involving the public to ensure that all groups are represented and their needs considered. The Department is committed to ensuring it serves the residents and businesses of the City fairly, consistently, and in the most cost-efficient and appropriate manner within available resources.
Goals and Objectives
The goal of the Public Participation Plan (PPP) is to offer a variety of opportunities for the public to engage in planning and decision-making activities. To meet this goal, the objectives of the PPP are as follows:
• To determine what non-English languages and/or other barriers may exist to public participation within the City service area.
• To provide a general notification of meetings for public input, in a manner that is understandable to all populations in the service area.
• To hold meetings in locations that are accessible and reasonably welcoming to all area residents, including, but not limited to, minority, LD, and low-income members of the public. • To utilize a variety of communication methods to capture public input from populations that are not likely to attend or engage in public meetings.
Public Comment Process Offered by the City Council and Boards, Commissions, and Committees The following section briefly summarizes the public comment process for the City's legislative and advisory bodies.
Meetings Overview: The public has the right to express their opinion during regular City Council meetings held at least two Mondays a month at 6:00 p.m., as well as at meetings of the City's boards, commissions, and committees. Information about City Council as well as the City's boards, commissions, and committees is available on the City website at https://www.cityofsanrafael.org/guide-publicmeetings/.
Providing Public Comment: Public comments can be provided in person or via a written public comment. Speakers will have two minutes to provide their comments during the meeting. Written comments may be submitted by email by 4:00 p.m. on the day of the meeting. All relevant comments received verbally or in writing at a public meeting, or as otherwise submitted to the City before the established deadline, will be entered into the public record of the comment process.
Interpretation Services: The City will provide interpretation services when requested 48 hours in advance of a public meeting. Information on how to request interpretation may be found here:
10 https://www.cityofsanrafael.org/request-for-interpretation/.
Meeting Notices: Public meeting agendas and notices are posted on the City’s website and on the City’s official notice board at San Rafael City Hall (1400 Fifth Avenue, San Rafael, CA 94901).
Outreach and Engagement Guide
The City is committed to ensuring that projects, programs, and services delivered by the City are sensitive to the various demographic backgrounds within the City. The City's Outreach and Engagement Guide is a tool for City staff to promote public involvement in the planning and decision-making process of projects, programs, and services. The Outreach and Engagement Guide help City staff to:
• Assess what barriers may exist to ensuring equitable access to decision-making, including, but not limited to, income level, language accessibility, and disability • Plan meetings at times and in locations that are accessible and reasonably welcoming to all residents and stakeholders
• Utilize a variety of communication methods to capture public input from populations that are not likely to attend or engage in public meetings
The Department of Public Works will engage the community through the City’s website, social media, and brochures placed at the library, community centers, public parks, and recreation areas within the communities. Department staff and/or a contracted non-English language interpreter are available upon request to attend community meetings to inform residents of the Department’s services and provide them an opportunity to express their input in a language they are comfortable communicating in.
The following are examples of techniques the Department may use to inform, educate, and gain input from the public about the Department’s projects, services, or activities:
• Surveys or questionnaires - mail-in, online, telephone, personal interview • Articles or press releases in the appropriate publications • Distribution of informal reports, flyers, or brochures • Informal presentations at community forums
• Information about meetings, public hearings, and special events on the City’s website • Direct mailings to those expressing interest in or commenting about certain topics IV. Glossary
Affected parties: Persons protected against discrimination because of race, color, national origin, sex, age, disability, or income level by Title VI and related legal requirements.
Contractor: A person or entity who has entered into an agreement with the City that is subject to Title VI Requirements.
Proposed Project: A project that receives federal funds and is subject to Title VI Requirements.
Subrecipient: A person or entity that receives federal funds from the City to be used by the entity to further the objectives of the federal grant. The City is the recipient of the grant, and the person or entity is a sub-recipient of those grant funds.
Title VI Assurances: Conditions imposed upon contractors or sub-recipients as a result of federal funding being directly or indirectly provided to the contractor or sub-recipient. 11 Title VI Requirements: The nondiscrimination provisions contained in Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Federal Aid Highway Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.
Adverse Effects: The totality of significant individual or cumulative human health or environmental effects, including interrelated social and economic effects.
Federal Assistance: Includes grants and loans of federal funds; the grant or donation of federal property and interests in property; the detail of federal personnel, federal property, or any interest in such property without consideration or at a nominal consideration or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and any federal agreement, arrangement or other contracts which has, as one of its purposes, the provision of assistance.
Limited English Proficiency (LEP): Describes individuals who do not speak English as their primary language and have a limited ability to read, write, speak, or understand English. These individuals may face challenges accessing services, information, and opportunities readily available to English-speaking populations.
Linguistically Diverse (LD): Describes individuals who speak different languages or different forms of the same language from the dominant culture in a particular setting.
Low-Income: A person whose median household income is at or below the Department of Health and Human Services Poverty guidelines (see http://aspe.hhs.gov/poverty/).
Low-Income Population: Any readily identifiable group of low-income persons who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who will be similarly affected by a proposed local City program, policy, or activity.
Minority – A person who is:
Black – A person having origins in any of the black racial groups of Africa; Hispanic – A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race;
Asian American – A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands; or American Indian and Alaskan Native – A person having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.
Minority Population: Any readily identifiable group of minority persons who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who will be similarly affected by a proposed local City program, policy, or activity.
Non-Compliance: A recipient has failed to meet prescribed requirements and has shown an apparent lack of good faith effort in implementing all the requirements of Title VI and related statutes.
Recipient: Any state, territory, possession, the District of Columbia, Puerto Rico, or any political subdivision, or instrumentality thereof, or any public or private agency, institution, organization, or other entity, or any individual in any state, territory, possession, the District of Columbia, or Puerto Rico, to 12 whom federal assistance is extended, either directly or through another recipient, for any program.
Recipient includes any successor, assignee, or transferee thereof, but does not include any ultimate beneficiary under any such program.
Disproportionate Adverse Effects on Minority and Low-Income Populations: An adverse effect that is predominantly borne by a minority population and/or a low-income population, or will be suffered by the minority population and/or low-income population, and is shown to be appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population.
13 APPENDIX A
NOTICE OF NON-DISCRIMINATION
14 APPENDIX A
NOTICE OF NON-DISCRIMINATION
The City of San Rafael (City) does not discriminate on the basis of race, color, national origin, disability, age, sex, or any other protected status in the administration of its services, programs or activities, and, the City does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d, and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21, or for the purpose of interfering with such rights.
The City’s Title VI Coordinator is responsible for the coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d, and related statutes; the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal non-discrimination laws).
Any person who believes that they have been discriminated against may file a written complaint with the City of San Rafael within 180 days of the alleged discrimination. Additional information and Title VI Complaint Forms can be obtained on the City of San Rafael website, at www.cityofsanrafael.org. Title VI Complaint Forms can also be obtained at the San Rafael City Hall from the City Manager’s Office. To file a Title VI discrimination complaint, please use the following contact information:
City of San Rafael
Attn: Title VI Coordinator
City Manager's Office
1400 5th Ave.
San Rafael, CA 94901
Email: [email protected]
15 AVISO DE NO DISCRIMINACIÓN
La ciudad de San Rafael (la «Ciudad») no discrimina por motivos de raza, color, origen nacional, discapacidad, edad, sexo o cualquier otra condición protegida en la administración de sus servicios, programas o actividades; asimismo, la Ciudad no intimida ni ejerce retaliaciones contra ninguna persona o grupo por haber ejercido su derecho a participar en acciones protegidas, o a oponerse a acciones prohibidas, por el Título VI de la Ley de Derechos Civiles de 1964, 42 U.S.C. § 2000d y los estatutos relacionados, así como los requisitos del Código de Regulaciones Federales (CFR) 23, parte 200, y 49 CFR, parte 21, o con el propósito de interferir con dichos derechos.
El Coordinador del Título VI de la Ciudad es responsable de la coordinación de los esfuerzos de cumplimiento y de la recepción de consultas relativas a los requisitos de no discriminación implementados por el Título VI de la Ley de Derechos Civiles de 1964, 42 U.S.C § 2000d, y los estatutos relacionados; los requisitos del Código de Regulaciones Federales (CFR) 23, parte 200, y 49 CFR, parte 21; la Sección 504 de la Ley de Rehabilitación de 1973; la Ley contra la Discriminación por Edad de 1975; el Título IX de las Enmiendas a la Educación de 1972; y la Sección 13 de las Enmiendas a la Ley Federal de Control de la Contaminación del Agua de 1972 (en lo sucesivo denominadas colectivamente las leyes federales contra la discriminación).
Cualquier persona que considere que ha sido discriminada puede presentar una queja por escrito ante la ciudad de San Rafael en un plazo de 180 días a partir de la supuesta discriminación. Se puede obtener información adicional y los formularios de queja del Título VI en el sitio web de la ciudad de San Rafael, en www.cityofsanrafael.org. Los formularios de queja del Título VI también se pueden obtener en el Ayuntamiento de San Rafael, en la Oficina del Administrador Municipal. Para presentar una queja por discriminación en virtud del Título VI, utilice la siguiente información de contacto:
Ciudad de San Rafael
A la atención de: Coordinador del Título VI
Oficina del Administrador Municipal
1400 5th Ave.
San Rafael, CA 94901
Correo electrónico: [email protected]
16 APPENDIX B
DISCRIMINATION COMPLAINT FORM
17 City of San Rafael
Title VI and related statutes
Discrimination Complaint Form
FOR OFFICE USE ONLY
Date: Reviewer Initials:
Name of Complainant: Home Telephone Number: Work Telephone Number:
Mailing Address:
What is the most convenient time for us to contact you about this complaint? Basis of Discriminatory Action(s):
RACE COLOR NATIONAL ORIGIN
INTIMIDATION/RETALIATION
SEX AGE DISABILITY
Date and place of alleged discriminatory actions. Please include earliest date of discrimination and most recent date of discrimination:
How were you discriminated against? Describe the nature of the action, decision, or conditions of the alleged discrimination. Explain as clearly as possible what happened and why you believe your protected status was a factor in the discrimination. Include how other persons were treated differently from you. (Attach additional page(s), if necessary).
Name(s) of City agency or program/activity responsible for the discriminatory action(s):
Names of persons (witnesses, or others) whom we may contact for additional information to support or clarify your complaint: (Attached additional page(s), if necessary).
Name Address Telephone
_
_
18 Ciudad de San Rafael
Formulario de queja por discriminación
del Título VI y leyes relacionadas
SOLO PARA USO EN LA OFICINA
Fecha: Iniciales del revisor:
Nombre del reclamante: Número de teléfono particular: Número de teléfono del trabajo:
Dirección postal:
¿Cuál es el mejor horario para que nos pongamos en contacto con usted en relación con esta reclamación? Motivo o motivos de la acción o acciones discriminatorias:
______RAZA ______COLOR DE PIEL______ ORIGEN NACIONAL
________INTIMIDACIÓN/REPRESALIAS
SEXO EDAD DISCAPACIDAD
Fecha y lugar de los supuestos actos discriminatorios. Indique la fecha más reciente y la fecha más antigua en las que se produjeron los actos discriminatorios:
¿De qué manera se le discriminó? Describa la naturaleza de la acción, la decisión o las circunstancias de la supuesta discriminación. Explique con la mayor claridad posible lo que ocurrió y por qué cree que su condición de persona protegida fue un factor determinante en la discriminación. Indique también en qué se diferenció el trato que recibieron otras personas del que usted recibió. (Adjunte páginas adicionales si es necesario).
Nombre(s) del departamento de la ciudad o programa/actividad responsable(s) de la(s) acción(es) discriminatoria(s):
Nombres de las personas (testigos u otras personas) con las que podríamos ponernos en contacto para obtener información adicional que respalde o aclare su reclamación: (Adjunte una o varias páginas adicionales, si es necesario).
Nombre Dirección Teléfono
_
_
19 APPENDIX C
STAFF TRAINING FORM
20 APPENDIX C
TITLE V STAFF TRAINING FORM
No person shall, on the grounds of race, color, national origin, sex, disability, age, or any other protected status, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any service, program, or activity receiving federal financial assistance.
Resident questions or complaints shall be directed to the City of San Rafael's Title VI Coordinator at (415) 485-3070 or via email at [email protected].
I hereby acknowledge receipt of the City of San Rafael’s Title VI Plan and Language Access Plan. I have read the plan and am committed to ensuring that no person is excluded from participation in or denied the benefits of services delivered by the City of San Rafael based on race, color, national origin, sex, disability, age, or any other protected status.
Signature
Print Name
Date
21 APPENDIX D
TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS
TRACKING FORM
22 APPENDIX D
LIST OF TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS* Action Date
(Month,
Day, Year)
Jurisdiction Completeness Summary
(Basis of complaint: Race, Color,
or National Origin)
Status Action(s)
Taken
Investigations
Lawsuits
Complaints
*As of the date of the issuance of this Title VI Plan, the City is not aware of any investigations, lawsuits, or complaints relating to Title VI.
23 APPENDIX E
LANGUAGE ACCESS PLAN
24 APPENDIX E
LANGUAGE ACCESS PLAN
I. Purpose and Vision
This City’s Language Access Plan (“Plan” or “LAP”) is designed to inform the public and stakeholders of the City’s efforts to comply with laws and regulations related to language access. The Plan looks to enhance the ability of non-English-speaking populations to participate in civic activities and access City services. It guides all City departments, staff, and affiliates on standards and service offerings related to translation, interpretation, and service delivery to linguistically diverse (LD) individuals.
II. Definitions
1. Certified Multilingual (Bilingual) Staff – An employee who has been approved for bilingual pay incentive as specified in their applicable labor agreement.
2. Interpretation – The act of listening to a communication in one language (source language) and orally converting it into another language (target language) while retaining the same meaning.
3. Language Assistance (Access) Services – Oral and written language services needed to assist LD individuals to communicate effectively with staff, and to provide LD individuals with meaningful access to, and an equal opportunity to participate fully in, the services, benefits, activities, and other programs.
4. Limited English Proficiency (LEP) – Describes individuals who do not speak English as their primary language and have a limited ability to read, write, speak, or understand English. These individuals may face challenges accessing services, information, and opportunities readily available to English-speaking populations.
5. Linguistically Diverse (LD) – Describes individuals who speak different languages or different forms of the same language from the dominant culture in a particular setting.
6. Meaningful Access – Language assistance that results in accurate, timely, and effective communication at no cost to the LD individual. For LD individuals, meaningful access refers to access that is not significantly restricted, delayed, or inferior as compared to programs or activities provided to English-proficient individuals.
7. Priority Language – A priority language is any language identified through demographic analysis as meeting or exceeding the 5% threshold established by the Dymally-Alatorre Bilingual Services Act.
8. Qualified Interpreter – An interpreter who has been professionally trained and/or demonstrated competence to interpret through certification, or comparable testing, and is authorized to do so by contract with the City. Qualified interpreters must also demonstrate knowledge of professional standards and adherence to the corresponding professional code of ethics, as well as familiarity with required City terminology.
9. Qualified Translator – A translator who has been professionally trained and/or demonstrated competence to translate through certification or comparable testing and is authorized to do so by contract with the City. Qualified translators must also demonstrate knowledge of professional standards and adherence to the corresponding professional code of ethics, as well as familiarity with required City terminology.
10. Translation – The replacement of a word, phrase, or text in one language (source language) with an equivalent-meaning word, phrase, or text in another language (target language).
11. Vital Documents – are documents that contain critical pieces of information an individual needs to access, retain, or understand rights and responsibilities within a program or service. Examples include applications, request or intake forms, registration materials, reporting tools, agreements, and complaint forms.
25 III. Authority and Guidance
Federal Authority
• Title VI of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, or national origin in programs receiving federal financial assistance. This has been interpreted to mandate the provision of translation and interpretation services where necessary to ensure equal access to services.
• Policy Guidance Concerning Recipients’ Responsibility to Limited English Proficient (LD) Persons: Established best practices for Language Access Plans, and required local agencies that receive DOT funding to provide meaningful access to services to LD individuals.
State Authority
• Dymally-Alatorre Bilingual Services Act: California public agencies are required to make every effort to provide language access services when at least 5% of the population served consists of individuals who speak a language other than English or cannot communicate effectively because it is not their primary language.
• The Unruh Civil Rights Act (California Civil Rights Act): Prohibits discrimination by agencies that receive state funds and requires them to provide equal access to benefits without regard to the beneficiary’s race, color, national origin, or ethnic group identification, among other factors.
Alignment to San Rafael Policy
• San Rafael’s Strategic Plan 2025-2028: G.2.3 Develop and implement the City’s Language Resource Access Plan to improve multilingual engagement practices. • City of San Rafael’s 2040 General Plan: Program EDI-1.3A: Removing Language Barriers.
Ensure that Latino and other non-English-speaking populations may actively participate in local decision-making through such methods as bilingual notices, translation of meeting materials, the use of accessible (non-jargon) and culturally competent language, Spanish language meetings, new platforms for commenting (such as Facebook and Zoom), and having interpreters at public meetings.
IV. Four Factor Analysis
This section uses HUD’s four-factor analysis to determine the eligible LD population(s) and the level of language services to be provided to LD individuals by the City. The four-factor analysis is intended to provide flexibility in implementing a program that meets the intent of federal guidelines for an LAP without imposing undue burdens on recipients’ or subrecipients’ financial resources or organizational capacity.
The four factors include:
1. The number or proportion of LD individuals of a particular language group eligible to be served or likely to be encountered in the eligible service population;
2. The frequency with which LD individuals of different language groups come in contact with the service branch.
3. The nature and importance of the activities provided by the service branch; and
4. The resources available to the service branch to provide language assistance.
In accordance with US DOT guidelines, the City examined multiple data sources and conducted targeted outreach with staff and LD persons to develop the four-factor analysis.
Factor 1: The number or proportion of LD individuals of a particular language group eligible to be served or likely to be encountered in the eligible service population.
For the Factor 1 Analysis, the City analyzed the US Census Bureau American Community Survey (ACS) data to identify the City’s LD population. The ACS is a continuous nationwide survey conducted monthly by the US Census Bureau. It is intended to measure the changing socioeconomic characteristics and conditions of the population on a regular basis.
26 ACS reports data based on the four categories of English-speaking ability: “very well,” “well,” “not well,” and “not at all.” The City defines the LD population as individuals who speak English less than “very well,” which is consistent with US DOT guidelines.
As shown in Table 1 below, approximately 20.4% of residents in the City of San Rafael are considered Linguistically Diverse (LD) persons, those who speak English less than "very well." The largest share of LD persons speak Spanish (16.3% of the community), followed by Other and Unspecified languages (1.3%), Other Indo-European languages (0.6%), Vietnamese (0.4%), and Tagalog, including Filipino (0.4%). The table shows that Spanish is by far the dominant non-English language, representing 28.3% of the total population 5 years and over, and accounting for approximately 80% of all LD persons in San Rafael. No individual non-Spanish-language group accounts for more than 1.3% of the total community population with limited English proficiency.
Table 1: English Proficiency by Language Spoken at Home for San Rafael's Residents Language Group Population Estimate Percentage of
Population
Population 5 Years and Over 57,544 (X)
Speak Only English 35,646 61.9%
Spanish: 16,300 28.3%
Speak English "very well" 6,930 12.0%
Speak English less than "very well" 9,370 16.3%
French, Haitian, or Cajun: 490 0.9%
Speak English "very well" 414 0.7%
Speak English less than "very well" 76 0.1%
German or other West Germanic languages: 545 0.9%
Speak English "very well" 471 0.8%
Speak English less than "very well" 74 0.1%
Russian, Polish, or other Slavic languages: 505 0.9%
Speak English "very well" 306 0.5%
Speak English less than "very well" 199 0.3%
Other Indo-European languages: 1,264 2.2%
Speak English "very well" 914 1.6%
Speak English less than "very well" 350 0.6%
Korean: 328 0.6%
Speak English "very well" 133 0.2%
Speak English less than "very well" 195 0.3%
Chinese (incl. Mandarin, Cantonese): 475 0.8%
Speak English "very well" 332 0.6%
Speak English less than "very well" 143 0.2%
Vietnamese: 299 0.5%
Speak English "very well" 69 0.1%
Speak English less than "very well" 230 0.4%
Tagalog (incl. Filipino): 441 0.8%
Speak English "very well" 213 0.4%
Speak English less than "very well" 228 0.4%
Other Asian and Pacific Island languages: 316 0.5%
Speak English "very well" 165 0.3%
Speak English less than "very well" 151 0.3%
Arabic: 78 0.1%
Speak English "very well" 78 0.1%
Speak English less than "very well" 0 0%
Other and unspecified languages: 857 1.5%
Speak English "very well" 120 0.2%
Speak English less than "very well" 737 1.3%
Source: U.S. Census Bureau. "Language Spoken at Home for the Population 5 Years and Over." American Community Survey, ACS 5-Year Estimates Detailed Tables, Table C16001, 2024. Accessed March 13, 2026. 27 Under the Dymally-Alatorre Bilingual Services Act and the US DOT's Safe Harbor Provision, recipients must make every effort to provide language access services for any language group that constitutes 5% or more of the eligible service population. Spanish is the only language group in San Rafael that meets this threshold, making it the City's priority language for LD service delivery.
Factor 2: The frequency with which LD individuals of different language groups come in contact with the city and its services.
LD individuals access City services through various channels, including in person, online, over the phone, and by mail. To understand how frequently LD community members engage with City services, the City conducted a staff survey to gauge the frequency of contact. Additionally, the City conducted LD surveys and focus groups to determine the frequency of contact with City services.
According to the survey results, over 78% of City staff reported assisting at least one LD individual daily, and more than a quarter of respondents worked with three or more LD clients each day, clearly indicating that LD residents utilize city services. Moreover, 36% of staff noted encountering at least one LD client per day who could not be served due to language access barriers. Most of the LD individuals whom staff encounter speak Spanish. The City’s experience with LD populations has led it to focus on making efforts primarily to Spanish-speaking populations, by translating documents, for example. As shown in the table above, this experience is largely consistent with the U.S. Census Data that shows the share of the population by language spoken at home and English proficiency.
To assess how frequently Linguistically Diverse (LD) community members engage with City services, the City conducted a community survey reaching 82 residents and workers. Of respondents, 77% live in and 76% work in San Rafael. The most frequently accessed services included the Library, Recreation, and Public Works, departments that serve a broad cross-section of the community. Over half of respondents (54%) reported having needed language assistance when accessing City services, and 32% of those who interacted with staff in the past 12 months reported being offered language assistance. Consistent with Census data, 77% of survey respondents identified Spanish as their primary language, confirming that Spanish-speaking residents represent the most frequent LD contact point across City departments and supporting the City's ongoing prioritization of Spanish-language services.
Factor 3: The nature and importance of the program, activity, or service to LD individuals.
San Rafael is a full-service city that delivers a broad range of public services to all residents and visitors.
These include public safety, law enforcement, planning and building, library and community programs, early childhood education, environmental sustainability, parking enforcement, and maintenance of roads, traffic signals, parks, and playgrounds. The City also supports business development and economic vitality.
Several of these services carry high stakes for individuals with limited language access, particularly those involving public safety, law enforcement, and legal processes.
The City conducts public business through City Council meetings, Planning Commission meetings, and other official bodies. Without language access, LD residents are effectively excluded from the decisions that shape their community.
The City is keenly aware that approximately 20 percent of the City’s residents are LD and, therefore, it is highly likely that LD individuals will be a stakeholder in all City projects, programs, and services. If City staff are not able to complete a conversation, staff will reach out to a certified bilingual employee to ensure the customer is able to be served. As such, when Staff has encountered the need for interpretation services, Staff has provided the services readily. Moreover, as mentioned, the City often proactively translates outreach materials into Spanish.
Factor 4: Determine the resources available to assist LD individuals.
The City of San Rafael recognizes that meaningful language access is crucial to providing equitable 28 service delivery and fostering community engagement. However, like many local jurisdictions, the City operates within a complex and resource-constrained budget framework. As a result, the City must be strategic and deliberate in allocating resources to ensure that expenditures yield the most significant benefit for the community.
Despite these constraints, the City remains committed to enhancing language access for LD individuals.
To support this commitment, San Rafael has implemented a range of targeted initiatives aimed at improving language access services:
1. Bilingual Pay Incentive – Compensation is provided to qualified employees who pass a formal examination demonstrating proficiency in a language other than English, thereby encouraging and supporting a multilingual workforce.
2. Language Access Lines for Public Safety – The Police Department utilizes language access lines to provide real-time interpretation services during interactions with LEP/LD individuals.
3. Interpretation for Public Meetings – Budget allocations support the provision of interpretation services for City Council meetings upon request, ensuring that public participation is inclusive and accessible.
4. Technology-Enhanced Language Access – The City has invested in modern tools, including AI-powered translation and interpretation software, to expand access to digital services and communications. Software is coupled with bilingual staff review when possible
5. Multilingual Signage and Materials – Key public information is translated and displayed in multiple languages to ensure clarity and accessibility for all community members.
6. Departmental Language Access Funding – Departments are directed to allocate funds for language access needs as appropriate, based on service population and program requirements.
7. Website Translation – Visitors can select the language via an integrated Google Translate dropdown menu.
V. Actions to Implement the LAP
To support this commitment to providing equitable services to LD, San Rafael will implement a range of targeted initiatives aimed at improving language access services for our priority language(s):
1. Post Non-Discrimination Policy Statement online and in highly visible locations in City facilities
2. Post Title VI Rights Poster online and in highly visible locations in City facilities
3. Designate the Title VI Coordinator
4. Create a Title VI webpage on the City’s website
5. Maintain a log to track interpretation and translation services requested by the public or provided to the public
6. Develop and launch the Title VI Complaint Form
7. Establish a single point of contact for language access support
8. Continue to identify and translate vital documents
9. Continue to recruit and retain certified bilingual staff and develop an internal directory to identify language support when needed
10. Maintain a multilingual city website
11. Continue to provide interpretation for public meetings upon request
12. Continue to provide multilingual signage and materials
13. Develop a translation request form for City documents
14. Continue investments in technology-enhanced language access services
15. Develop best practices and provide guidance to staff, along with training to support implementation
16. Maintain language access phone lines for public safety
17. Deploy “I speak” badges and pins
18. Incorporate language access services requirements on relevant contracts and agreements as required
29 To ensure continuous compliance, the City will regularly review the Title VI Implementation Plan, Language Access Plan, and relevant work plans. As new regulations are created, the City will act promptly to update the existing plans and relevant resources. 30 31
APPENDIX F
US DOT TITLE VI ASSURANCES
32 US DOT Title VI Assurances A-E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to non-discrimination in federally-assisted programs of the U.S.
Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the contractor under the contract until the contractor complies; and/or
2. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
33 APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the California Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the California Department of Transportation, its successors and assigns.
The California Department of Transportation, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the California Department of Transportation will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 34 APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the California Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
35 APPENDIX D
CLAUSES FOR CONSTRUCTION/USE ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
36 APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). ____________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.g
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager/Fire Department
Prepared by: Angela Robinson Piñon, Assistant City
Manager City Manager Approval: __________
TOPIC: MARINWOOD COMMUNITY SERVICES DISTRICT AND SAN RAFAEL FIRE
DEPARTMENTS
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR
FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Joint Exercise of Powers Agreement (JPA) between the City of San Rafael (City) and the Marinwood Community Services District (MCSD) for fire protection, emergency services, and personnel sharing.
BACKGROUND:
On April 7, 2014, the City Council approved Resolution No. 13702, which authorized the City Manager to execute a JPA with MCSD to support regional cooperation for fire protection services, emergency response, and personnel sharing.
On October 1, 2018, the City Council approved Resolution No. 14593, which authorized the City to execute a first amendment to the JPA to include fire chief officer services for the MCSD, strengthening collaboration between the two agencies and ensuring operational alignment.
Since that time, the City and MCSD continued to work closely together to provide coordinated emergency response services within San Rafael, Marinwood, County Service Area (CSA) 13, and CSA 19. The operational relationship between the agencies has become increasingly important due to the strategic location of Marinwood Fire Station 58, which functions as a critical northern response station for San Rafael and the surrounding service areas.
On May 4, 2026, the City Council received a presentation regarding the operational relationship between the San Rafael Fire Department (SRFD) and MCSD, including a discussion regarding regional service delivery, staffing needs, financial sustainability, and opportunities for future collaboration. That discussion informed the development of the proposed Second Amendment to the JPA. The City Council also SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
discussed a framework that would provide for a phased transition of service delivery that is briefly summarized below:
1) Amendment to the existing Service Agreement between the City and MCSD for fire and emergency medical services (FY 2026-27).
2) Transition to a Contract for Services arrangement wherein MCSD contracts with the City for the provision of fire and emergency medical services (FY 2027-28). 3) Transition to a comprehensive regional service delivery model that transfers responsibility for fire and emergency medical services to a single entity serving northern San Rafael, Marinwood, CSA 13, and CSA 19.
ANALYSIS:
The proposed Second Amendment (Attachment 2) updates the existing Joint Exercise of Powers Agreement between the City and MCSD to address operational, staffing, and financial issues that have evolved since the original agreement was executed in 2014 and amended in 2018.
The amendment reflects the increasingly integrated nature of emergency response services between the two agencies and acknowledges the regional importance of Marinwood Fire Station 58. Due to its location north of Lincoln Hill, Station 58 serves as a critical response resource for northern San Rafael, Marinwood, CSA 13, and CSA 19. The agreement further recognizes the operational and lifesaving value of maintaining Engine 58 as a full-time Advanced Life Support (ALS) engine company within the City’s paramedic authority area.
One of the amendment's primary purposes is to support and stabilize paramedic staffing at MCSD. Under the proposed amendment, the City would continue providing ALS-related support services, including equipment, medical direction, training, and operational oversight necessary to maintain compliance with Marin County emergency medical services (EMS) standards. In addition, the amendment establishes a formal cost-sharing structure through which the City would provide annual financial support to MCSD to offset paramedic staffing costs and maintain regional ALS response capacity.
The proposed annual services fee structure is intended to create greater equity in the operational relationship between the two agencies while recognizing the regional benefit provided by Station 58 and MCSD personnel. The agreement establishes a services fee of $350,000 for Fiscal Year (FY) 2026-27 and $500,000 for FY 2027-28. Future annual adjustments would be tied to the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward area, or to a minimum annual increase of three percent, capped at five percent.
The amendment also modifies the agreement’s termination provision by increasing the required notice period from ninety (90) days to three hundred sixty-five (365) days. Staff believes this change provides greater operational certainty and adequate transition time should either party seek to terminate the agreement.
Additionally, the amendment formalizes the City’s provision of fire apparatus mechanic services to MCSD. Under the revised agreement, the City would provide fire mechanic labor at no cost while MCSD would reimburse the City for materials, supplies, overtime, outside labor, and related direct costs associated with apparatus maintenance and repair.
Finally, the amendment includes a mutual commitment by both agencies to continue evaluating longterm regional fire service delivery options. The proposed language contemplates future study and analysis of regional governance and operational models, including potential review of factors identified under Government Code Section 56134 and related Local Agency Formation Commission (LAFCO) considerations. Staff believes continued evaluation of regional service delivery opportunities is appropriate, given the operational interdependence of the agencies and the shared goal of maintaining sustainable emergency response services throughout the region.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Overall, staff believe the proposed amendment strengthens regional coordination, supports continued ALS response capacity, formalizes existing operational practices, and provides a framework for continued collaboration between the City and Marinwood Community Services District. Approval of the amendment to the existing shared service agreement is consistent with the City Council’s Three-Year Strategic Plan, specifically Objective F.2.5, which focuses on strengthening the City’s organizational effectiveness, service delivery systems, and long-term operational sustainability. The proposed amendment was also included in the City’s FY 2025-26 Work Plan.
Next Steps
The following is a brief overview of the next steps related to the amendment being considered and • July 1, 2026 – Amended shared services agreement goes into effect for FY 2026-27. • July 2026 – May 2027 – Parties negotiate Phase 2 of the agreement and begin to explore options to reorganize fire and EMS service delivery.
• June 2027 – Marinwood CSD and the City of San Rafael execute a Contract for Services agreement to replace and supersede the Shared Services Agreement. • July 1, 2027 – Contract for service goes into effect. Both parties continue to explore options to reorganize fire and EMS service delivery.
FISCAL IMPACT:
The proposed amendment establishes a new annual services fee payable by the City to MCSD to support paramedic staffing and regional emergency response coordination. The FY 2026-27 cost to the City is $350,000 and is included in the Proposed FY 2026-27 Budget. The FY 2027-28 services fee would increase to $500,000. Additional annual increases beginning in FY 2028-29 would be tied to inflationary CPI-U adjustments or a minimum annual increase of three percent, capped at five percent, subject to appropriation.
The agreement is anticipated to support continued regional emergency response capacity and maintain ALS service availability in northern San Rafael and adjacent service areas.
OPTIONS:
The City Council has the following options to consider:
1. Adopt the resolution authorizing execution of the Second Amendment to the JPA.
2. Direct staff to return with modifications to the proposed Second Amendment.
3. Decline to approve the Second Amendment.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Joint Exercise of Powers Agreement (JPA) between the City of San Rafael (City) and the Marinwood Community Services District (MCSD) for fire protection, emergency services, and personnel sharing.
ATTACHMENTS:
1. Resolution Authorizing Execution of the Second Amendment to the Joint Exercise of Powers Agreement
2. Second Amendment to Joint Exercise of Powers Agreement Between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE JOINT EXERCISE OF
POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD
COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND
PERSONNEL SHARING
WHEREAS, the City of San Rafael (“City”) and the Marinwood Community Services District (“MCSD”) entered into a Joint Exercise of Powers Agreement (JPA) on April 8, 2014, for fire protection, emergency services, and personnel sharing; and WHEREAS, the parties entered into a First Amendment to the JPA on November 1, 2018; and
WHEREAS, the City and MCSD have maintained a longstanding collaborative relationship in the provision of fire protection, emergency medical response, and regional emergency services to San Rafael, Marinwood, County Service Area (CSA) 13, CSA 19, and surrounding communities; and
WHEREAS, Marinwood Fire Station 58 serves as a strategically important fire station and emergency response resource for northern San Rafael and adjacent service areas; and WHEREAS, the City recognizes the operational and public safety value of maintaining Engine 58 as an Advanced Life Support (ALS) engine company within the City’s paramedic authority area; and
WHEREAS, the City and MCSD have negotiated a Second Amendment to the JPA; and WHEREAS, the proposed Second Amendment amends the Joint Exercise of Powers Agreement to address operational coordination, paramedic staffing support, fire mechanic services, financial contributions, and long-term regional planning efforts between the City and MCSD; and WHEREAS, the proposed Second Amendment establishes a framework for continued collaboration and exploration of future regional fire service delivery opportunities; and WHEREAS, the City Council has reviewed and considered the proposed Second Amendment and the associated staff report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The foregoing recitals are true and correct.
2. The City Manager is hereby authorized and directed to execute the Second Amendment to the Joint Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing, which was attached to the staff report accompanying this Resolution.
3. The City Manager, Fire Chief, and other appropriate City officials are authorized to take all actions necessary to implement the Second Amendment and carry out the purposes of this Resolution.
2 I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
LINDSAY LARA, City Clerk
1 SECOND AMENDMENT
TO
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY
OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES
DISTRICT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND
PERSONNEL SHARING
THIS SECOND AMENDMENT TO AGREEMENT is entered into as of July 1, 2026, by and between the CITY OF SAN RAFAEL, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY"), and MARINWOOD COMMUNITY SERVICES DISTRICT, a community services district organized under the Community Services District Law, codified as Government Code section 61000 et seq. (hereinafter the “DISTRICT”). CITY and DISTRICT may sometimes hereinafter individually be referred to as a “party” or jointly as the “Parties.”
RECITALS
A. On April 8, 2014, the Parties entered into an agreement entitled “Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing” (hereinafter the “Agreement”).
B. On November 1, 2018, the Parties entered into a First Amendment entitled “First Amendment to Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing” (hereinafter the “First Amendment”).
C. The CITY recognizes DISTRICT’s value to operational response within CITY limits and the strategic location of DISTRICT’s Fire Station 58 to northern San Rafael, representing a critical third station north of Lincoln Hill.
D. The CITY also recognizes the importance of the DISTRICT’s ability to staff Engine 58 as a full-time advanced life support (ALS) engine and the lifesaving value that brings to all those that reside and visit the CITY’s paramedic authority area including CSA 13, CSA 19, DISTRICT, and CITY.
E. The DISTRICT recognizes the value in being able to access the resources of the CITY’s larger Fire Department, including back-up shift personnel as-needed. 2 F. In accordance with the Section 12 of the Agreement, the Parties now wish to amend the Agreement to address staffing of paramedics and to affirm their commitment towards a more comprehensive, equitable, regional approach.
NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree to amend the Agreement as follows:
ARTICLE 1.
Exhibit A to the Agreement is hereby replaced with “EXHIBIT A-2” attached to this First Amendment and incorporated herein by reference.
ARTICLE 2.
Section 1, TERM OF AGREEMENT is hereby amended to read with additions in italics and deletions in strikethrough as follows:
This Agreement shall commence on April 8, 2014 (the “Effective Date”) and shall remain operative and effective until participation is terminated by one of the parties. It is further agreed that either of the parties may terminate the Agreement at any time by giving written notice to the other party at least ninety (90) three-hundred and sixty-five (365) days prior to the date of the termination.
ARTICLE 3.
Section 2, TYPE OF ASSISTANCE – CITY TO DISTRICT, is hereby amended to modify Subsection J and to add a new subsection N, with additions in italics and deletions in strikethrough as follows:
J. As specified herein, to assist DISTRICT in establishing Engine 58 (DISTRICT’s Engine) as an ALS Engine Company to complement CITY’s paramedic services in Paramedic Service Area B CSA 13, Marinwood, and San Rafael. Within 120 days from the Effective Date, CITY shall provide DISTRICT with ALS Equipment, Medical Direction, ongoing training, and other ALS needs that are required to provide services that meet Marin County EMS standards, and to match what CITY provides to its own ALS Engines; provided that:
i. DISTRICT paramedic personnel shall serve strictly within the parameters of the medical and operational procedures and requirements of and for CITY’s firefighter-paramedics;
ii. In recognition that regular rotation of paramedic personnel onto ambulance units is desirable for the maintenance of essential paramedic skills, DISTRICT and CITY shall cooperate to establish a mutually agreeable staffing and operational plan to require and enable DISTRICT’s paramedic personnel to participate with CITY’s paramedic personnel in regular rotations onto ambulance units; 3 iii. DISTRICT shall retain discretion on when to operate Engine 58 as an ALS Engine Company; and
iv. DISTRICT shall use good faith efforts to hire only firefighter/paramedics to fill any vacancies in the firefighter rank.
v. If and when DISTRICT commences to provide paramedic services in CSA 13, Marinwood, and San Rafael, then CITY shall, on an annual basis, reimburse DISTRICT for any paramedic pay differential costs actually incurred by DISTRICT for not more than three (3) members serving in the rank of firefighter/paramedic. If a member serving in the rank of engineer with a paramedic license serves as the only paramedic on a shift, then the City will pay the differential costs for the paramedic cost for that shift. Additional expenditures by DISTRICT in connection with the provision of paramedic services may be eligible for reimbursement by CITY provided that prior approval for such expenditures has been given by CITY in writing.
N. To provide DISTRICT fire mechanic services, including regular maintenance and repair of DISTRICT apparatus through CITY’s Fire Department mechanic at the times and places determined by CITY. CITY will provide CITY-employed fire mechanic labor at no cost to DISTRICT. DISTRICT shall pay for all materials and supplies, overtime for the CITY’s Fire Department fire mechanic, any other CITY employee who may provide fire mechanic services, and any non-CITY employee labor costs incurred by CITY, without any CITY markup costs.
CITY shall have sole discretion on whether work can be performed by the CITY fire mechanic, another CITY employee, or by outside labor.
ARTICLE 3.
Section 3.1, FIRE CHIEF OFFICER SERVICES – DISTRICT OBLIGATIONS TO CITY, is hereby amended to delete Subsection B thereof in its entirety.
ARTICLE 4.
A new Section 3.2 entitled “CITY COMPENSATION TO DISTRICT” is hereby added to the Agreement to read in its entirety as shown in italics as follows:
Subject to the requirements herein, CITY shall pay DISTRICT a flat annual fee for services in an amount agreed upon by both Parties (the “Services Fee”). Subject to Section
4.D of the Agreement, CITY shall pay to DISTRICT the Services Fee of $350,000 for the fiscal year July 1, 2026, through June 30, 2027, provided the DISTRICT uses good faith efforts to assign a paramedic for each DISTRICT shift. DISTRICT shall submit invoices to CITY in accordance with this Agreement not more often than quarterly, and CITY shall pay any such invoices within 30 days. For the fiscal year, beginning on July 1, 2027, through June 30, 2028, the Services Fee shall be $500,000. For subsequent fiscal years, beginning on July 1, the Services Fee for the next fiscal year shall be increased by three percent (3%) of the then-current Services Fee or the Consumer Price Index for All Urban 4 Consumers (CPI-U) for San Francisco-Oakland-Hayward as of December 31st of the prior year whichever is higher up to a maximum of five percent (5%).
ARTICLE 5.
A new Section 13 entitled “MUTUAL COMMITMENTS TOWARDS REGIONAL SOLUTION” is hereby added to the Agreement to read in its entirety as shown in italics as follows:
The CITY and DISTRICT mutually agree to use good faith efforts to continue their work towards a more formal regional approach to serving the DISTRICT and CITY communities, whereby CITY personnel staff and utilize the DISTRICT’S Fire Station to provide fire protection and related emergency services, without regard to the jurisdictional boundaries of either the CITY or DISTRICT, and the CSAs that both CITY and DISTRICT are contractually obligated to serve. Both parties endeavor to evaluate and consider this transition prior to June 30, 2027. Such good faith efforts include, but are not limited to: (i) engaging a consultant to study and analyze the factors set forth in Government Code Section 56134, subdivisions (e) and (f), and any other factors that may be considered by the Marin County Local Agency Formation Commission (“LAFCO”); and (ii) commence evaluation on the feasibility of consolidation, merger, or reorganization pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act (Gov.
Code, §§ 56000 et seq.) through which the DISTRICT may transfer, terminate, dissolve, or otherwise cease its independent legal responsibility for providing fire protection services, subject to all applicable statutory procedures and approvals, including by LAFCO.
ARTICLE 6.
Except as hereinabove amended, all terms and conditions of the Agreement and First Amendment shall remain in full force and effect.
Signatures to follow on the next page.
5 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on the day first written above.
CITY OF SAN RAFAEL MARINWOOD COMMUNITY
SERVICES DISTRICT
______________________________ ______________________________ Kate Colin, Mayor Christopher Case, Board President
______________________________ ______________________________ Paul Navazio, Interim City Manager Eric Dreikosen, District Manager ______________________________
Abraham Roman, Fire Chief
ATTEST: ATTEST:
______________________________ ______________________________ Lindsay Lara, City Clerk Tiffany Combrink, Secretary to the Board of Directors
APPROVED AS TO FORM: APPROVED AS TO FORM:
_________________________________ _____________________________ Andrea Visveshwara, Patrick D. Skahan, District Counsel Chief Assistant City Attorney
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Station 56
Fire
Station 54
Marinwood Fire
Station 58
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Station 55
Fire
Station 51
Fire
Station 52
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Exhibit A-2:
Marinwood and
San Rafael Fire
Stations
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____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 1.h
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Abraham Roman, Fire Chief/Fire
Marshal
City Manager Approval: ______________
TOPIC: REPORT ON 2025 FIRE PREVENTION INSPECTIONS OF CERTAIN OCCUPANCIES SUBJECT: RESOLUTION ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF/FIRE MARSHAL REGARDING THE FIRE PREVENTION INSPECTIONS OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE FOR CALENDAR YEAR 2025 RECOMMENDATION:
Staff recommends that the City Council adopt the resolution acknowledging receipt of a report made by the Fire Chief/Fire Marshal regarding the fire prevention inspections of certain occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code for calendar year (CY) 2025.
BACKGROUND:
On December 2, 2016, a fire broke out in a warehouse known as the Ghost Ship in Oakland, California.
What became the deadliest fire in the history of the city took 36 lives that night. The deadliest fire since the Station nightclub fire in 2003 quickly caught the attention of media throughout California and the United States. Several articles, editorials, and social media postings were published, specifically around the Bay Area.
Media attention put a spotlight on fire and safety laws and inspections in California. In response, lawmakers passed SB 1205, which was authored to assist in preventing tragedies of this nature and magnitude. On September 27, 2018, SB 1205 became effective and added a new section to the California Health and Safety Code (CHSC), which affects every fire department or fire district in the State. This bill requires every fire department or district to annually report to its administering authority its compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the administering authority to formally acknowledge receipt of the compliance report in a resolution or a similar formal document.
ANALYSIS:
In addition to reporting requirements, SB 1205 requires every fire department or district providing fire protection services to inspect every building used as a public or private school annually. This same annual inspection requirement is applicable to hotels, motels, lodging houses, residential care facilities, and apartment houses containing three or more living units. SB 1205 and the required reporting provide an SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
avenue for policymakers to understand the annual inspection requirements as well as compliance so they can understand full compliance or shortcomings.
During calendar year 2025, the Fire Department was able to complete all inspections in accordance with the mandate.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report. The inspection program is funded through baseline appropriations within the Fire Department’s approved budget.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution.
2. Adopt the resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the resolution acknowledging receipt of a report made by the Fire Chief/Fire Marshal regarding the fire prevention inspections of certain occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code for calendar year 2025.
ATTACHMENTS:
1. Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF/FIRE MARSHAL REGARDING THE FIRE PREVENTION
INSPECTIONS OF CERTAIN OCCUPANCIES PURSUANT TO
SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE FOR CALENDAR YEAR 2025
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the San Rafael Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, and apartment house to ensure compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the San Rafael Fire Department, that provide fire protection services to report annually to their administering authority on their compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of San Rafael intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the San Rafael Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that it has received the annual inspection report required pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code during calendar year 2025, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.
During calendar year 2025, the San Rafael Fire Department completed the annual inspections of Group E occupancies, buildings, structures, and/or facilities.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including several residential care facilities). These residential care facilities have a few different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.
During calendar year 2025, the San Rafael Fire Department completed the annual inspections of the Group R occupancies, buildings, structures, and/or facilities.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 15th day of June 2026 by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.i
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
From: Abraham Roman, Fire Chief
Thomas Wong, Senior Management Analyst
City Manager Approval: ______________
TOPIC: PARAMEDIC TAX RATE FOR FISCAL YEAR 2026-27
SUBJECT: RESOLUTION MAINTAINING PARAMEDIC SERVICE SPECIAL TAX RATES AT THEIR CURRENT LEVELS FOR FISCAL YEAR 2026-27
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution to maintain Paramedic Service Special Tax Rates at their current levels for Fiscal Year (FY) 2026-27.
BACKGROUND:
In 1979, the voters of San Rafael approved a “Paramedic Service Special Tax,” adding Chapter 3.28 to the San Rafael Municipal Code (SRMC) to support a paramedic program. The original ordinance established the authority of the City Council to set the tax rates up to the maximum tax rate as approved by the voters, based upon a budget recommendation by the City Manager. The tax was applied at a flat rate per residential dwelling. At the same time, this tax was also approved by three separate jurisdictions that receive paramedic service through contract from the City of San Rafael, including the Marinwood Community Services District (CSD), County Service Area (CSA) No.13 (Upper Lucas Valley), and County Service Area (CSA) No. 19. There was no sunset provision included in the original tax.
In 1988, the voters approved an extension of the tax to improve non-residential structures, which was levied on a building square footage basis.
In November 2006, the voters of San Rafael passed Measure P, which increased the maximum tax rate to $85.00 per residential unit and to $0.11 per square foot of structures on non-residential property. The other service areas approved similar paramedic tax rates to align with San Rafael's measure.
In November 2010, the voters of San Rafael passed Measure I, which increased the maximum Paramedic Service Special Tax rate from $85.00 to $108.00 per residential unit and from $0.11 to $0.14 per square foot for the non-residential tax rate.
In November 2011, the voters of CSA No. 13 and CSA No. 19 passed Measures E and F, respectively.
These measures increased the maximum residential tax rate from $85.00 to $95.00 per residential unit and the non-residential tax rate from $0.11 to $0.132 per square foot for both service areas. Marinwood CSD continues under its Measure M rate of $85.00 for residential, and $0.11 per square foot for nonresidential.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
SRMC section 3.28.060, “Annual Revision and Incidental Charges,” stipulates that the City Council shall determine annually the basic tax rate to reflect charges and costs. The current tax rates are set at their voter-approved maximums, and based upon projected expenditures, revenues will be insufficient to cover the operating expenses of the paramedic program for the upcoming fiscal year; however, there is an adequate fund balance to fully fund the program. At the current rate, the fund balance may be exhausted in the near future, absent a voter-approved increase in the maximum tax rate in all jurisdictions.
As the current tax rate for San Rafael is at its maximum, staff recommends maintaining the current residential rate of $108 per living unit. For non-residential properties, staff recommends maintaining the current rate of $0.140 per square foot for the City (See Attachment 2).
The City will continue to collect 100% of the Paramedic Service Special Tax revenue that is generated in CSAs 13, 19, and Marinwood. These funds are collected by the County of Marin Assessor’s Office and transferred to the City along with the revenues generated in San Rafael.
FISCAL IMPACT:
FY 2026-27, tax revenues are estimated to be $5,432,387. All revenues generated by this assessment are recorded in the Paramedic Service Special Tax Fund (210). Paramedic Tax revenues represent roughly 60% of the $10.20 million in total revenues projected for the Paramedic Services Special Tax Fund, which also includes $4.2 million in revenues from third-party billings related to ambulance transport.
Historically, the Paramedic Service Special Tax Fund covers approximately 27% of the cost of the fire and emergency medical service, with the balance funded from the City’s General Fund. Absent future increases to the Paramedic Tax rates assessed within the City and across the entire Fire Department service area, the Paramedic Service Special Tax Fund will not be able to sustain this level of support towards the cost of fire and emergency medical services, which could lead to reductions in service levels, if an increase to the Paramedic Tax is not supported by the voters.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Adopt the resolution.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution to maintain Paramedic Service Special Tax Rates at their current levels for (FY) Fiscal Year 2026-27.
ATTACHMENTS:
1. Resolution
2. Paramedic Rate and Ratio History
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
MAINTAINING PARAMEDIC SERVICE SPECIAL TAX RATES AT THEIR CURRENT LEVELS FOR FISCAL YEAR 2026-27
WHEREAS, the electors of the City of San Rafael in 1979 and in 1988, adopted a Paramedic Service Special Tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential units and non-residential structures within the City of San Rafael; and
WHEREAS, on November 2, 2010, the electors of the City of San Rafael approved Measure “I”, subsequently designated as Ordinance No. 1891, increasing the ceiling on the Paramedic Service Special Tax rate to $108.00 per residential unit and to $0.14 per square foot of non-residential structures; and
WHEREAS, the current annual Paramedic Service Special Tax rates in the City limits of the City of San Rafael are $108.00 per residential unit and $0.140 per square foot of nonresidential structures; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that for the City of San Rafael, the basic rate is insufficient to cover the cost of providing the paramedic service to San Rafael residents; however, the current tax rate for San Rafael is at its maximum rate as approved by the voters.
NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council that:
The Paramedic Service Special Tax rates in the City of San Rafael shall be maintained at their current levels, at $108.00 per year for each residential unit and $0.140 per square foot for non-residential structures, for Fiscal Year 2026-27.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
Fiscal Residential Authorized Non-Residential Authorized Year Tax Rate Cap Tax Rate Cap
2017-18 $ 92.00 $ 108.00 $ 0.1400 0.1250 $
2018-19 $ 95.00 $ 108.00 $ 0.1400 0.1320 $
2019-20 $ 95.00 $ 108.00 $ 0.1400 0.1320 $
2020-21 $ 99.00 $ 108.00 $ 0.1400 0.1400 $
2021-22 $ 99.00 $ 108.00 $ 0.1400 0.1400 $
2022-23 $ 104.00 $ 108.00 $ 0.1400 0.1400 $
2023-24 $ 108.00 $ 108.00 $ 0.1400 0.1400 $
2024-25 $ 108.00 $ 108.00 $ 0.1400 0.1400 $
2025-26 $ 108.00 $ 108.00 $ 0.1400 0.1400 $
2026-27 Proposed $ 108.00 $ 108.00 $ 0.1400 0.1400 $
Fiscal Residential Authorized Non-Residential Authorized Year Tax Rate Cap Tax Rate Cap
2017-18 $ 95.00 92.00 $ 0.1250 $ 0.1320 $
2018-19 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2019-20 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2020-21 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2021-22 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2022-23 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2023-24 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2024-25 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2025-26 $ 95.00 95.00 $ 0.1320 $ 0.1320 $
2026-27 Proposed $ 95.00 95.00 $ 0.1320 $ 0.1320 $
Fiscal Residential Authorized Non-Residential Authorized Year Tax Rate Cap Tax Rate Cap
2017-18 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2018-19 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2019-20 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2020-21 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2021-22 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2022-23 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2023-24 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2024-25 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2025-26 $ 85.00 85.00 $ 0.1100 $ 0.1100 $
2026-27 Proposed $ 85.00 85.00 $ 0.1100 $ 0.1100 $
Fiscal Year Residential Non-Residential
2017-18 53.97% 46.03%
2018-19 53.40% 46.60%
2019-20 53.35% 46.65%
2020-21 52.77% 47.23%
2021-22 52.79% 47.21%
2022-23 53.88% 46.12%
2023-24 54.76% 45.24%
2024-25 54.80% 45.20%
2025-26 54.63% 45.37%
2026-27 Proposed 54.48% 45.52%
Paramedic Tax Ratio
City of San Rafael
MARINWOOD (CSD)
HISTORY OF TAX RATES AND CAPS
CSA# 13, and CSA# 19
City of San Rafael
Proclamation
Designation of July 2026 as Park and Recreation Month
WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of San Rafael. Parks and recreation promote physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity; and WHEREAS, parks, recreation, and open space areas are fundamental to the environmental wellbeing of the community and the City of San Rafael recognizes the benefits derived from parks and recreation programs by maintaining three community centers, the Falkirk Cultural Center, Terra Linda Pool, two community gardens, 106.41 acres of improved parkland, and 934.9 acres of unimproved open space, and;
WHEREAS, parks and recreation foster social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and WHEREAS, parks and recreation support the economic vitality of communities through increased property values, by providing frontline jobs, childcare for the workforce, and promoting community revitalization; and
WHEREAS, parks and recreation support human development and endless learning opportunities that foster social, intellectual, physical, and emotional growth in people of all ages and abilities, and parks and recreation strengthen community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics, and landscape; and WHEREAS, parks and recreation sustain and steward our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and WHEREAS, in 2023, the City of San Rafael adopted a Park and Recreation Master Plan to help the City prioritize recommendations and develop strategies to improve our parks, update facilities, increase ways for people to access and connect to parks, and strengthen recreation programs; and WHEREAS, this year’s theme highlights ‘The Power Of’ parks and recreation and the people who make it all possible, a reminder of the contributions of parks and recreation employees and volunteers, and in the spirit of this theme, the City of San Rafael invites you to join us this summer as we celebrate the many ways parks and recreation connects us through Play, Community, Nature, Belonging, and Well Being.
NOW, THEREFORE, I, KATE COLIN, Mayor of San Rafael, do hereby recognize that July 2026 is recognized as Park and Recreation Month in the City of San Rafael.
Kate Colin
Mayor
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.k
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Grey Melgard, Senior Engineer
April Miller,
Director of Public Works
City Manager Approval: __________
TOPIC: COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND
THE COUNTY OF MARIN FOR THE POINT SAN PEDRO SLURRY SEAL PROJECT SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COOPERATIVE
AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY
OF MARIN, AND APPROVING THE PLANS AND SPECIFICATIONS FOR THE POINT
SAN PEDRO ROAD SLURRY SEAL PROJECT
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to negotiate and execute a cooperative agreement by and between the City of San Rafael and the County of Marin for the Point San Pedro Slurry Seal Project (“Project”) and approving the plans and specifications for the Project.
BACKGROUND:
The City of San Rafael and the County of Marin have been working together to coordinate pavement preservation treatments of streets that are divided between the City’s and the County’s jurisdictions. Most recently, the City and the County have been working together on the County’s Point San Pedro Slurry Seal Project (“Slurry Seal Project”) to expand the limits of proposed improvements to in-between the western edge of the San Rafael High School parking lot on 3rd Street and the eastern City limit of Point San Pedro Road approximately 600 feet northeast of Biscayne Drive (“Project Limits”).
The scope of the Slurry Seal Project includes:
1. Complete a preventative maintenance slurry seal application along the Project Limits on Point San Pedro Road.
2. Incorporate readily implementable safety enhancements, bicycle improvements, and other measures.
3. Complete the Slurry Seal Project in coordination with the City of San Rafael to minimize impacts to residents and provide a uniform corridor.
Additionally, the City will incorporate additional pedestrian safety improvements at key City-maintained intersections along the Project Limits. These improvements are part of the Point San Pedro Pedestrian Quick Build Enhancement Project (“Quick Build Project”), which has received Transportation Development Act Article 3 (“TDA 3”) grant funds in the amount of $88,300 from the Transportation Authority of Marin (TAM). The City Council adopted a resolution authorizing the City Manager to execute SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
a funding agreement with the Metropolitan Transportation Commission (MTC) for the TDA 3 grant during the January 20, 2026, regular meeting.
ANALYSIS:
Adopting the Resolution would allow the City of San Rafael and the County of Marin to advance the final design and construction of both the Slurry Seal Project and the Quick Build Project cooperatively, limiting additional impacts to residents, avoiding additional costs to both agencies, and streamlining the construction process under a single contract.
Under the cooperative agreement, the City of San Rafael is responsible for completing the design plans for its portion of Point San Pedro Road, including the Quick Build Project. The County will incorporate these design plans into a single construction bid set. The County will administer the bid set and award the construction contract of the Slurry Seal Project to a single contractor. Additionally, the City will reimburse the County for direct project costs associated with the construction phase of the City-owned streets incorporated into the Slurry Seal Project.
The County will complete its own design plans for its portion of Point San Pedro Road. Additionally, the County will serve as the lead agency for the determination and management of the California Environmental Quality Act (CEQA) for the entire Slurry Seal Project scope.
The Quick Build Project will be administered, designed, and implemented as part of the larger Point San Pedro Slurry Seal Project. The Quick Build Project includes pedestrian safety improvements at key Citymaintained intersections along the Point San Pedro Road corridor, including the installation of rectangular rapid flashing beacons (RRFBs), flashing advanced warning signs, minor traffic striping, and rubber curbs to create refuge islands and curb bulb-outs. A pedestrian refuge island is a median with a refuge area intended to help protect pedestrians who are crossing a multilane road, in this case, Point San Pedro Road. This project would promote pedestrian commute options for students who travel to Glenwood Elementary School within the neighborhood.
Adopting the Resolution would allow the construction of both projects, which directly support the City Council’s Three-Year Strategic Plan under Priority Area B: Mobility and Infrastructure.
COMMUNITY OUTREACH:
In September 2025, the Quick Build Project was presented to TAM’s Bicycle and Pedestrian Advisory Committee (BPAC) for discussion and approval of the TDA 3 grant application request. The Slurry Seal Project was presented to the Point San Pedro Coalition in November 2025 to gather public feedback. In April 2026, both projects were presented to the City of San Rafael’s BPAC, and a separate open house for the community was held on April 17 with County and City staff in attendance. Prior to construction, additional mailer notices will be sent out to residents directly impacted by construction activities along the corridor.
FISCAL IMPACT:
If the City Council adopts the Resolution, the City will agree to reimburse the County for direct project costs associated with the construction phase of the City-owned streets incorporated into the Slurry Seal Project. The final cost will be based on actual installed and constructed quantities and the lowest responsible bid received by the County.
While the exact cost of the Slurry Seal Project is not yet available, the Slurry Seal Project will utilize the City’s Annual Pavement Management Program funding to cover all associated costs. The adopted Fiscal Year 2025-2026 Budget, approved by City Council on June 2, 2025, included $3 million in funding to SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
support the Annual Pavement Management Program. Staff anticipates that the total project cost incurred by the City will be approximately $1.1 million for construction, design, and construction management.
Point San Pedro Pedestrian Quick Build Enhancement Project The total anticipated cost for the Quick Build Project is $182,000. It is anticipated that appropriations of the TDA 3 funds for the Quick Build Project will be included in the FY 2026-27 Budget as part of the Capital Improvement Program budget under the Annual Pavement Management Program. Additional funds for the construction of the Quick Build Project will be appropriated as part of the Annual Pavement Management Program for the Project, subject to City Council approval of the FY 2026-27 Budget.
ENVIRONMENTAL DETERMINATION:
The County of Marin submitted a Notice of Exemption for the Slurry Seal Project on March 4, 2026, under Categorical Exemption Section 15301: Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The approved Notice of Exemption is included as Attachment 2 to this staff report for reference. Staff reviewed the Quick Build Enhancement Project and determined that it also qualifies for a categorical exemption under Section 15301 of the California Environmental Quality Act (CEQA).
OPTIONS:
The City Council has the following options to consider relating to this item:
1. Adopt the resolution as presented.
2. Do not adopt the resolution and provide further direction to staff. This option would significantly delay the Project and result in additional cost and staff time for the City.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to negotiate and execute a cooperative agreement by and between the City of San Rafael and the County of Marin for the Point San Pedro Slurry Seal Project (“Project”) and approving the plans and specifications for the Project.
ATTACHMENTS:
1. Resolution
a. County of Marin – Notice of Exemption
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A COOPERATIVE AGREEMENT BY AND BETWEEN
THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN, AND APPROVING THE PLANS AND
SPECIFICATIONS FOR THE POINT SAN PEDRO ROAD SLURRY SEAL PROJECT WHEREAS, the City of San Rafael and the County of Marin have been working together to coordinate pavement preservation treatments of streets that are divided between the City’s and County’s jurisdictions; and
WHEREAS, the City and the County have mutually agreed to expand the County’s Point San Pedro Slurry Seal Project (“Slurry Seal Project”) limits of proposed improvements between the western edge of the San Rafael High School parking lot on 3rd Street and the eastern City limit of Point San Pedro Road, approximately 600 feet northeast of Biscayne Drive (“Project Limits”); and WHEREAS, the City agrees to reimburse the County for all actual construction costs related to the construction phase of the City’s street segments incorporated into the Slurry Seal Project; and WHEREAS, the City and the County desire to memorialize their agreement as to project management, and short-term construction costs reimbursements; and WHEREAS, the County submitted a Notice of Exemption on March 5, 2026, for the Slurry Seal Project, under Categorical Exemption Section 15301: Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); and
WHEREAS, the City will incorporate additional pedestrian safety improvements at Citymaintained intersections (“Quick Build Project”) not subject to reimbursement to the County; and WHEREAS, staff reviewed the Quick Build Project and determined that it qualifies for a categorical exemption under Section 15301: Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The foregoing recitals are true and correct.
2. The City Manager is authorized and directed to negotiate and execute a Cooperative Agreement by and between the City of San Rafael and the County of Marin for the Point San Pedro Slurry Seal Project.
3. The plans and specifications for the Projects, which are on file in the Department of Public Works, are hereby approved.
4. The City Council finds that the Quick Build Project is exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline 15301 for existing facilities.
5. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
FILING REQUESTED BY AND
WHEN FILED RETURN TO:
Marin County Department of Public Works
3501 Civic Center Drive, Room 404
San Rafael, CA 94903
Attn: Robin Bartlett, Principal Civil Engineer
NOTICE OF EXEMPTION
Marin County
Environmental Coordination and Review
March 5, 2026
1. Project Name:
2. Project Location:
3. Project Description:
(2025-30) Point San Pedro Road Sealant Project
Unincorporated Marin County
This project generally consists of slurry sealing,
traffic signage, and traffic striping/pavement
markings affecting approximately 4.1 miles of
County and City of San Rafael
maintained roadway. This project generally
extends from Embarcadero Way to Biscayne Dr.
4. Public Agency Approving Project: County of Marin
5. Project Sponsor: Department of Public Works
6. CEQA Exemption Status: Categorical Exemption Section 15301 Existing highways and streets, sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities
(this includes road grading for the purpose of public
safety).
7. Reasons for Exemption: This project consists of repair/maintenance to existing highways/streets that will not result in
any potential impact to the environment.
Project Engineer: Reviewed by:
________________________________ _________________________________ James Edson Rachel Reid
Civil Engineer Environmental Planning Manager
Telephone: (415) 473-4324
~ £_____
CITY OF SAN RAFAEL
COUNTY OF MARIN
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.l
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Adeel Shaikh, Junior Engineer
April Miller, Public Works Director
City Manager Approval: __________
TOPIC: STORM DRAIN MAINTENANCE ENVIRONMENTAL COMPLIANCE, AND
PERMITTING PROJECT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PROVIDE
ENVIRONMENTAL SERVICES FOR THE STORM DRAIN MAINTENANCE
ENVIRONMENTAL COMPLIANCE, AND PERMITTING PROJECT IN THE AMOUNT NOT TO EXCEED $249,521
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Dudek to provide environmental services for the Storm Drain Maintenance Environmental Compliance and Permitting Project (the “Project”) in the amount not to exceed $249,521.
BACKGROUND:
Located throughout the City are several flood-control channels that guide stormwater during precipitation events. The City must conduct regular maintenance of these drainage facilities to ensure unobstructed stormwater flow. This type of work includes the removal of vegetation, sediment, and debris within the drainage facilities. Work occurring within or near bodies of water or other natural habitats triggers the need to comply with environmental requirements. The City has decided to transition from an as-needed, site-by-site approach to environmental compliance to an organized, programmatic framework for longterm operational efficiency. This will reduce per-project compliance costs, establish predictable maintenance windows, and provide a single set of permits that can authorize recurring maintenance activities across all City-maintained drainage facilities.
The Project is consistent with the City Council’s Three-Year Strategic Plan, specifically Goal B.4, which is to assess and improve stormwater infrastructure and management program.
ANALYSIS:
The City released a Request for Proposals (RFP) for this Project on April 9, 2026, and received three proposals from qualified firms. After reviewing the proposals, all firms were invited to participate in video conference interviews hosted by the selection committee on May 11, 2026. Selection of the qualified firm was based on criteria specified in the RFP, including, but not limited to, completeness of the proposal, understanding of the project scope of work, ability to meet deadlines and operate within SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
budget, relevant experience and success in similar projects, and experience and quality of the project team.
The selection committee found Dudek and its sub-consultants to be the most qualified consultant team for this Project.
The recommended Professional Services Agreement (PSA) with Dudek will provide professional services for the Project, including project management, environmental compliance, and permitting. City staff reviewed Dudek’s fee proposal and found it complete and in line with industry standards.
FISCAL IMPACT:
The recommendation in this staff report will authorize the PSA with Dudek in an amount not to exceed $249,521. The Fiscal Year 2025-26 Budget (Stormwater Fund – Fund 205), approved by City Council on June 2, 2025, included appropriations totaling $250,000 for the Project. Therefore, no additional appropriations are being requested for this PSA.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Adopt the resolution as presented.
2. Do not adopt the resolution and provide direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Dudek to provide environmental services for the Storm Drain Maintenance Environmental Compliance and Permitting Project (the “Project”) in the amount not to exceed $249,521.
ATTACHMENTS:
1. Resolution
2. Draft Professional Services Agreement with Dudek
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH DUDEK TO PROVIDE ENVIRONMENTAL SERVICES FOR
THE STORM DRAIN MAINTENANCE ENVIRONMENTAL COMPLIANCE, AND PERMITTING PROJECT IN THE AMOUNT NOT TO EXCEED $249,521
WHEREAS, the City of San Rafael (“City”) advertised and solicited a Request for Proposals (RFP) in accordance with the City’s Municipal code released on April 9, 2026, for the project entitled:
“Storm Drain Maintenance Environmental Compliance and Permitting” City Project No. C44F26SD02
the Department of Public Works received three proposals; and WHEREAS, staff reviewed the proposals and identified Dudek to be the most qualified firm; and
WHEREAS, the cost proposal from Dudek was found to be complete and within industry standards; and
WHEREAS, funding in the amount of $250,000 to support the recommended Agreement is provided within the Fiscal Year (FY) 2025-26 budget appropriations (the Storm Drain Maintenance Environmental Compliance and Permitting Project – Stormwater Fund 205).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The City Manager is hereby authorized to execute a Professional Services Agreement with Dudek to provide environmental services for the Storm Drain Maintenance Environmental Compliance and Permitting Project in the amount not to exceed $249,521, in a form approved by the City Attorney.
2. The Director of Public Works or designee is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lindsay Lara, City Clerk
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: SM 1.m
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Director of Public Works
Lorena Córdova, Senior Management
Analyst II, Public Works
City Manager Approval: ________
TOPIC: SPECIAL TAX ON PROPERTIES AT LOCH LOMOND 10 - MELLO-ROOS DISTRICT NO. 1992-1
SUBJECT: RESOLUTION SETTING THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND NO. 10) FOR FISCAL YEAR 2026-27 RECOMMENDATION:
Staff recommends that the City Council adopt a resolution setting the special tax rates for Fiscal Year 2026-27 for Community Facilities District (CFD) No. 1992-1 (“Loch Lomond No.10”).
BACKGROUND:
Loch Lomond No.10 is a CFD, commonly referred to as a “Mello-Roos” District, located on the Point San Pedro Peninsula, north of Point San Pedro Road. The CFD comprises 28 home parcels and one open space parcel, which borders China Camp State Park Open Space.
The CFD was formed in the early 1990s when the area was developed, and, in part, to provide funding to mitigate the drainage impacts and concerns of the development on the surrounding community. This was extensively documented in the Environmental Impact Review (EIR) Report documents, comments, and subsequent approvals for the original subdivision. The CFD was created to have three funds to maintain and operate the storm drain system and ensure against damage from potential landslides.
These functions were defined in the formation of Loch Lomond No.10 and passed by resolution no. 8839 by the City of San Rafael (“City”) City Council on March 1, 1993. The three established funds and their purposes are as follows:
1. Self-Insurance Fund: The original developer contributed $500,000, which established the fund to cover the deductible amount of the City’s insurance should a landslide occur in the watershed above the CFD.
2. Sinking Fund: Provides for long-term capital replacement of drainage infrastructure and facilities as the original may fall into disrepair.
3. Maintenance Fund: Provides for maintaining drainage facilities within the CFD boundary, including annual cleaning of drainage structures, administrative staff time, monitoring structures during storm events, and cleaning facilities as required during storm events.
Annual special tax revenues are divided between the Sinking Fund and the Maintenance Fund.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
The City has prepared the Engineer’s Annual Report (Attachments 2, 3, and 4), which provides a summary of activities funded by the CFD for the given fiscal year and an accounting of its revenues and expenses. The City Engineer recommends continuing the assessment without change. The Sinking Fund Assessment for FY 2026-27 will continue to be $188.44. Since 2018, the City and the homeowners’ association (HOA) have worked together on determining the annual maintenance plan for the CFD. The City sends the HOA regular updates on maintenance activities in the CFD, and the HOA provides the City with feedback and direction on where they would like maintenance activities directed.
Financial Analysis:
Assessment District Expenditures:
City Staff Time: Maintenance and Vegetation Management Services $18,000 Contractual Services: Emergency Crane Service to Clear Drainage Basin $8,000 County Administrative Fees $80
Contractual Services: Basin Safety Improvement Design $15,000 Total District Expenditures: $41,080
It is important to note that the City may only seek reimbursement for staff time from the special district based on what is available in the Maintenance Fund. The City Staff time expense is an estimate, but in general, the City provides more expense eligible services than the CFD has funds.
FISCAL IMPACT:
All CFD financial activities are within Fund No. 236. The Department of Public Works intends to utilize the full amount of maintenance funds available each year for contracted maintenance activities and the remainder to reimburse City staff time within the allowable and intended use of CFD funds.
The Sinking Fund is designated for future capital replacement costs that are not included in routine annual maintenance. As of June 30, 2026, the fund balance stands at $56,427. For the 2026-27 fiscal year, a contribution of $188.44 per parcel will add an additional $5,276 to the current balance. The fund is projected to reach $61,703 by the end of this fiscal year, excluding any expenditures for capital repairs that may arise during the 2026-2027 fiscal year.
The Loch Lomond No.10 Self-Insurance Fund is reserved to cover deductibles and claims. The fund balance is projected to be $866,101 at the end of fiscal year 2026-27, which is the accumulated interest in addition to the $500,000 contribution from the original developer.
OPTIONS:
The City Council has the following options to consider relating to this matter:
1. Adopt the resolution as presented, levying the full special tax for Loch Lomond 10 – Mello-Roos District No. 1992-1 for Fiscal Year 2026-27.
2. Do not adopt the resolution as presented. Provide direction to staff to make changes to the recommended future actions.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution setting the special tax rates for Fiscal Year 2026-27 for Community Facilities District (CFD) No. 1992-1 (“Loch Lomond No.10”).
ATTACHMENTS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
1. Resolution setting the CFD Tax for Fiscal Year 2026-27 at $1,210.17 per parcel
2. Annual Engineer’s Report for Loch Lomond No.10 CFD
3. Annual Engineer’s Report Part C: Assessment Roll
4. Annual Engineer’s Report E: Owners List
RESOLUTION NO.
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL SETTING THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND NO. 10) FOR FISCAL YEAR 2026-27
WHEREAS, the City Council of the City of San Rafael by Resolution No. 8839, formed “Community Facilities District No. 1992-1, (Loch Lomond No.10), City of San Rafael, County of Marin, State of California,” (hereafter “CFD 1992-1”); an WHEREAS, the landowners of CFD 1992-1 voted in a mail ballot election called by the City Council by Resolution No. 8840, and unanimously approved the imposition of a special district tax, as declared in Resolution No. 8841; and WHEREAS, on March 9, 1993, the City of San Rafael prepared and caused to be recorded a “Notice of Special Tax Lien” for all of the parcels within CFD 1992-1, which included the facilities and services to be funded by the tax, and the method for establishing a rate and calculating the apportionment of the tax; and
WHEREAS, on July 17, 1995, the City Council adopted Ordinance No. 1683 levying special taxes within CFD 1992-1; and
WHEREAS, Ordinance No. 1683 provides that the special tax rate will be set annually by resolution, subject to the maximum authorized by Resolution No. 8839; and WHEREAS, the Department of Public Works is recommending the amount of the special taxes to be assessed in FY 2026-27 as $188.44 for the Sinking Fund and $1,021.73 in the Maintenance Fund – totaling $1,210.17; and
WHEREAS, the City Council wishes to set the specific tax rate to be imposed on the parcels within CFD 1992-1 in fiscal year 2026-27;
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Rafael hereby sets the special tax for CFD No. 1992-1 (Loch Lomond No.10) at $1,155.50 per parcel for FY 2026-27, excepting exempt Assessor Parcel Nos. 16-330-12,13,14, as provided in the Assessment Roll for fiscal year 2026-27 on file with the City Clerk and incorporated herein by reference.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
________________________
LINDSAY LARA, City Clerk
ENGINEER'S ANNUAL REPORT
FOR
LOCH LOMOND #10
MELLO-ROOS
COMMUNITY FACILITIES DISTRICT 1992-1
2026 – 2027
Prepared for
FOR THE CITY OF SAN RAFAEL
CALIFORNIA
COUNCIL MEETING
JUNE 15, 2026
Prepared By:
City of San Rafael