HomeMy WebLinkAboutCC Boards & Commissions Updates____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 09/19/2022
Disposition: Resolutions 15129 x 15130 x 15131 and Waived further reading of ordinances and
introduced Ordinances 2017, 2018, 2019
Agenda Item No: 5.b
Meeting Date: September 19, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk
City Manager Approval: ___________
TOPIC: BOARDS AND COMMISSIONS UPDATES
SUBJECT: RESOLUTION AND ORDINANCE CHANGES TO EXISTING CITY BOARDS AND
COMMISSIONS
I. INTRODUCE AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.030 THROUGH 2.16.033 OF THE SAN RAFAEL MUNICIPAL
CODE RELATED TO THE BOARD OF LIBRARY TRUSTEES
II. RESOLUTION AMENDING THE BOARD OF LIBRARY TRUSTEES BYLAWS
III. INTRODUCE AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTION 14.25.070 AND ADDING SECTIONS 2.16.120 THROUGH 2.16.122 OF
THE SAN RAFAEL MUNICIPAL CODE RELATED TO THE DESIGN REVIEW
BOARD
IV. RESOLUTION AMENDING THE DESIGN REVIEW BOARD BYLAWS
V. INTRODUCE AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.010 THROUGH 2.16.013 OF THE SAN RAFAEL MUNICIPAL
CODE RELATED TO THE FIRE COMMISSION
VI. RESOLUTION AMENDING THE FIRE COMMISSION BYLAWS
RECOMMENDATION:
1. Introduce the ordinance relating to the Board of Library Trustees by title only and waive further
reading of the ordinance
2. Adopt the Resolution Amending the Board of Library Trustees Bylaws
3. Introduce the ordinance relating to the Design Review Board by title only and waive further reading
of the ordinance
4. Adopt the Resolution Amending the Design Review Board Bylaws
5. Introduce the ordinance relating to the Fire Commission by title only and waive further reading of
the ordinance
6. Adopt the Resolution Amending the Fire Commission Bylaws
BACKGROUND:
With the exception of the Planning Commission, which is a decision-making body, the City’s Boards,
commissions, and committees (“BCC’s”) are advisory bodies, made up of volunteer community members
who are appointed by the City Council to serve in an advisory role by reviewing and making
recommendations to the City Council on matters within a certain purview. The City of San Rafael has 12
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
active BCC’s, each with varying styles of guidelines which outline how they carry out business as an
advisory body to the San Rafael City Council. BCCs are either established by the voters (through a ballot
initiative), by resolution of the City Council, or ordinance (and codified in the San Rafael Municipal Code)
and the Council has the discretion to both add and remove volunteers.
On June 6, 2022, the City Council approved changes to the Bicycle and Pedestrian Advisory Committee,
the Park and Recreation Commission and the Planning Commission in an effort to bring consistency and
uniformity across the City’s Boards and Commissions program. The updates made at the June 6, 2022
City Council meeting included changes to the composition of the BCC’s. The changes being proposed in
this staff report focus on changing masculine language in the municipal code to gender neutral language,
provides authority to the City Council to approve compensation of board members and commissioners
by resolution, and update the scope of a few BCCs to better reflect current practices.
ANALYSIS:
Staff is recommending changes to the Board of Library Trustees, Design Review Board, and the Fire
Commission. All recommended changed are explained below.
Board of Library Trustees
The Board of Library Trustees is required per the City’s Charter. Board membership, terms, and powers
and duties are set forth in San Rafael Municipal Code Sections 2.16.030 through 2.16.033 of Chapter
2.16 (Boards and Commissions). Staff is recommending that the City Council adopt an ordinance
(Attachment 1) amending the code to provide authority to the City Council to approve compensation of
Board Members by resolution, to remove the clause regarding term of office and removal due to duplicity,
amend all masculine language to gender neutral language, and to remove the Board’s duty to review and
make comments and recommendations regarding the annual operating budget of the department, as the
City Council is the budget review authority.
In addition, staff is recommending adoption of bylaws for the Board to be consistent with recently
approved bylaws for other boards, to include clear information on meetings, voluntary resignation and
compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by
the City Council in February 2014. These rules and procedures are consistent with current practice;
however, incorporating them into bylaws will clarify the expectations for Board members. Attachment 2
to this report is a resolution adopting the proposed bylaws. Additionally, staff recommends including
eligibility requirements for the Board to formalize the current practice of requiring residency in city limits.
Present Proposed
Ordinance
Requirement to serve without compensation set
by Municipal Code
Provides authority to approve compensation of
Board members by resolution
Board’s duty to review, comment, and
recommend department operating budget
Removes this duty as it is a function of the San
Rafael City Council
Term of office and removal of Board members Deletion – duplicative (Article IX, Section 1)
Masculine language Gender-neutral language
Resolution & Bylaws
Silent on eligibility requirements Must reside in city limits
Silent on voluntary resignation 2 consecutive unexcused absences constitute
voluntary resignation
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Silent on the term limits approved in 2014 Maximum of 2 consecutive four-year terms
Design Review Board
The Design Review Board membership, terms, and powers and duties are set forth in San Rafael
Municipal Code Section 14.25.070 of Chapter 14.25 (Environmental and Design Review Permits). Staff
is recommending that the City Council adopt an ordinance (Attachment 3) amending the code to delete
provisions relating to term of office, removal or vacancy of membership, meetings, quorum, and rules of
order. Staff recommends this information be included in the Bylaws for the Board and be adopted by
resolution in an effort to remain consistent with other boards and commissions. Additionally, staff
recommends removal of compensation information in the municipal code, and provide authority to the
City Council to approve compensation by resolution.
Staff also recommends moving the remaining provisions governing administration of the Design Review
Board from Section 14.25.070 to new Sections 2.16.120 through 2.16.122 established under Chapter
2.16 (Boards and Commissions). This move will consolidate the provisions governing administration of
the Design Review Board with provisions governing administration of the other boards and commissions
of the City.
Staff recommends retaining under Section 14.25.070 the subsection governing the pilot program
approved by the City Council in May 2022 for streamlined review of certain residential projects of the
Environmental and Design Review Permits because this is a specific program for permitting of certain
residential structures.
In addition, staff is recommending adoption of bylaws for the Board to be consistent with recently
approved bylaws for other boards, to include clear information on meetings, voluntary resignation and
compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by
the City Council in February 2014. These rules and procedures are consistent with current practice;
however, incorporating them into bylaws will clarify the expectations for Board members. Attachment 4
to this report is a resolution adopting the proposed bylaws.
Present Proposed
Ordinance
Membership and Powers and Duties Moved to Sections 2.16.120 through 2.16.122
Membership, term of office, removal or vacancy of
membership, meetings, quorum, and
compensation
Deletion – will be designated by resolution
adopting bylaws
Masculine language Gender-neutral language
Resolution & Bylaws
Silent on voluntary resignation 2 consecutive unexcused absences constitute
voluntary resignation
Silent on the term limits approved in 2014 Maximum of 3 consecutive four-year terms
Fire Commission
The Fire Commission is required per the City’s Charter. Board membership, terms, and powers and
duties are set forth in San Rafael Municipal Code Sections 2.16.010 through 2.16.013 of Chapter 2.16
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
(Boards and Commissions). Staff is recommending that the City Council adopt an ordinance (Attachment
5) amending the code to provide authority to the City Council to approve compensation of Board Members
by resolution, to remove the clause regarding term of office and removal due to duplicity, amend all
masculine language to gender neutral language, and to remove the Commission’s duty to review and
make comments and recommendations regarding the annual operating budget of the department, as the
City Council is the budget review authority.
In addition, staff is recommending adoption of bylaws for the Commission to be consistent with recently
approved bylaws for other boards, to include clear information on meetings, voluntary resignation and
compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by
the City Council in February 2014. These rules and procedures are consistent with current practice;
however, incorporating them into bylaws will clarify the expectations for Commissioners. Attachment 6
to this report is a resolution adopting the proposed bylaws. Additionally, staff recommends including
eligibility requirements for the Commission to formalize the current practice of requiring residency in city
limits.
Present Proposed
Ordinance
Requirement to serve without compensation set
by Municipal Code
Provides authority to approve compensation of
Commissioners by resolution
Board’s duty to review, comment, and
recommend department operating budget
Removes this duty as it is a function of the San
Rafael City Council
Term of office and removal of Commissioners Deletion – duplicative (Article VIII, Section 10)
Masculine language Gender-neutral language
Resolution & Bylaws
Silent on eligibility requirements Must reside in city limits
Silent on voluntary resignation 2 consecutive unexcused absences constitute
voluntary resignation
Silent on the term limits approved in 2014 Maximum of 2 consecutive four-year terms
City Council Role with BCCs
On an annual basis, the City Council designates liaison positions to the BCCs. The role of the liaison is
to generally stay abreast of the activities of the BCC which may include attending one or more meetings
per year, checking in with the Chair of the BCC on a quarterly basis, reporting out on significant activities
during City Council meetings as needed, assisting in culling down applications into an interview list when
there is a vacancy, and providing a “mentor” role for the needs of the BCCs which could relate to
answering procedural questions, facilitating training, or other assistance. Additionally, the Mayor may act
in the acting role of the City Council liaison for each BCC.
Alternate Members
Attendance at any regularly scheduled meeting is a necessary part of being an effective Alternate
Member. If a regular member is unable to attend a scheduled meeting, the Member notifies the staff
liaison in advance and the Alternate Member is notified of their attendance as a full voting member.
Alternate Members will be expected to review all meeting materials in preparation for BCC meetings and
will vote in the absence of a full voting member. If more than one Alternate Member exists, there shall be
a pre-determined first and second Alternate, and they will alternate between first and second Alternate
Member annually. First Alternates shall vote in the absence of one voting member, and Second Alternates
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
shall vote in the absence of a second voting member. If no member is absent, the Alternate Member may
still participate in the discussion, deliberation and questions/answers of staff during meetings but will not
vote.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt resolutions and introduce the ordinances.
2. Adopt resolutions/ introduce the ordinances with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
1. Introduce the ordinance relating to the Board of Library Trustees by title only and waive further
reading of the ordinance
2. Adopt the Resolution Amending the Board of Library Trustees Bylaws
3. Introduce the ordinance relating to the Design Review Board by title only and waive further reading
of the ordinance
4. Adopt the Resolution Amending the Design Review Board Bylaws
5. Introduce the ordinance relating to the Fire Commission by title only and waive further reading of
the ordinance
6. Adopt the Resolution Amending the Fire Commission Bylaws
ATTACHMENTS:
1. Ordinance (Board of Library Trustees)
2. Resolution (Board of Library Trustees) & Exhibit A – Bylaws
3. Ordinance (Design Review Board)
4. Resolution (Design Review Board) & Exhibit A – Bylaws
5. Ordinance (Fire Commission)
6. Resolution (Fire Commission) & Exhibit A – Bylaws
7. Correspondence
1
ORDINANCE NO. 2017
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.030 THROUGH 2.16.033 OF THE SAN RAFAEL
MUNICIPAL CODE RELATED TO THE BOARD OF LIBRARY
TRUSTEES
WHEREAS, Article IX, Section 1 of the Charter of the City of San Rafael requires
the City Council to appoint a Board of Library Trustees of the City of San Rafael; and
WHEREAS, regulations governing the Board of Library Trustees of the City of San
Rafael are located in the San Rafael Municipal Code (SRMC) Sections 2.16.030 through
2.16.033 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends amending SRMC Section 2.16.031 (Trustee
membership-Compensation) by replacing the provision that members serve without
compensation with a provision that authorizes the City Council to establish their
compensation by resolution; and
WHEREAS, staff recommends removing the Board’s duty to review, and make
comments and recommendations regarding the annual operating budget of the library
department by deleting the applicable provision from the SRMC Section 2.16.033 (Trustee
powers and duties); and
WHEREAS, there are instances throughout the SRMC where masculine language
is used, and staff recommends amending the language to be gender-neutral; and
WHEREAS, there are instances throughout the SRMC where the term ‘citizen’ is
used, and staff recommends replacing this term with the terms ‘community’ or ‘patron’;
and
WHEREAS, staff recommends repealing Section 2.16.032 of the SRMC (Trustee
term of office and removal) in its entirety because it is duplicative of information set forth
in Article IX, Section 1 of the San Rafael Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Sections 2.16.030 through 2.16.033 of Chapter 2.16 (Boards and Commissions) of the
San Rafael Municipal Code are hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
2.16.030 - Board of library trustees.
A board of library trustees is created.
(Ord. 889 § 6, 1967).
* Board of library trustees —See San Rafael Charter, Art. IX § 1.
2
2.16.031 - Trustee membership—Compensation.
The board of library trustees shall consist of five members appointed by the city council,
one of whom may be a councilman councilmember. All members shall serve without
compensation. The City Council may establish compensation for members of the board of
library trustees by resolution.
(Ord. 889 § 7 (part), 1967).
2.16.032 - Trustee term of office and removal. Reserved
The members of the board of library trustees shall serve for a term of four years and shall
be subject to removal by the affirmative vote of three members of the city council. The
terms of office of members of the board of library trustees shall be staggered in the manner
provided by resolution of the city council.
(Ord. 889 § 7 (part), 1967).
2.16.033 - Trustee powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the board of library trustees shall be:
To assess and evaluate current and long-range needs of the library; to formulate and
adopt policies, rules and regulations with respect to programs and facilities to meet such
needs of the community, including recommendations for sites and design of facilities. Such
formulations and adoptions shall be made in conjunction with recommendations of the
librarian;
To review, comment and make recommendations regarding the annual operating budget
of the library;
To receive, and review periodic reports from the librarian concerning the general
operations and functions of the library;
To recommend ways to inform the citizens of San Rafael community as to the various
programs, services and assistance which the library affords all its patronscitizens;
To promote intergovernmental cooperation in the development of library services,
patronage and usage;
To perform such other duties as may be prescribed by the city council.
(Ord. 1131 § 3, 1974: Ord. 889 § 7 (part), 1967).
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
3
Division 3. CEQA Determination.
This Ordinance makes only administrative changes to the operations of a City board and
is therefore exempt from the requirements of the California Environmental Quality Act
(CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
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 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the ___ day of ____ 2022 by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
KATE COLIN, Mayor
Attest:
___________________________
LINDSAY LARA, City Clerk
RESOLUTION NO. 15129
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING BYLAWS OF THE BOARD OF LIBRARY TRUSTEES
WHEREAS, the City Council wishes to establish consistent rules and procedures
for the operation of its boards, commissions and committees, including the Board of Library
Trustees; and
WHEREAS, staff recommends adoption of the Board of Library Trustees Bylaws in
Exhibit A attached hereto, which include specific rules and practices for the operation of the
Board to be consistent with recently approved bylaws for other City boards and
commissions; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of
members based on unexcused absences;
WHEREAS, the attached bylaws include the policy on term limits as outlined in
Resolution 13681 limiting Board Members to a maximum of two consecutive four-year term
limits;
WHEREAS, the attached bylaws include eligibility requirements of living in city limits.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
Board of Library Trustees Bylaws attached hereto as Exhibit A.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 19th day of September 2022, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
EXHIBIT A: BOARD OF LIBRARY TRUSTEES BYLAWS
Board of Library Trustees Bylaws
Page 1 of 2
BOARD OF LIBRARY TRUSTEES BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Board of
Library Trustees, hereinafter referred to as the "Library Board," or the “Board.”
Section 1.2. Purpose. The purpose of the Board is to support the Library Director,
support the Library Foundation in its quest for a new library, serve as advocates for the
Library to the City Council, and help increase the visibility of the Library in the community.
Section 1.3. Board Responsibility. The Library Board’s responsibilities shall be in
accord with these Bylaws, as amended from time-to-time by the City Council. The Library
Board’s authority is advisory only. The Library Board has no power to act on behalf of the
City of San Rafael or any other entity.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
the San Rafael Municipal Code, the powers and duties of the Board of Library Trustees
shall be:
1. To assess and evaluate current and long-range needs of the library;
2. to formulate and adopt policies, rules and regulations with respect to programs and
facilities to meet such needs of the community, including recommendations for
sites and design of facilities. Such formulations and adoptions shall be made in
conjunction with recommendations of the librarian;
3. To receive, and review periodic reports from the librarian concerning the general
operations and functions of the library;
4. To recommend ways to inform the San Rafael community as to the various
programs, services, and assistance which the library affords all patrons;
5. To promote intergovernmental cooperation in the development of library services,
patronage and usage;
6. To perform such other duties as may be prescribed by the city council.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Library Board shall consist of five (5) voting
members. The City Council has the authority to appoint alternates as needed.
Section 2.2. Eligibility. Board members shall be residents of the city of San Rafael.
Section 2.3. Appointment of Board Members. Members shall be appointed by the City
Board of Library Trustees Bylaws
Page 2 of 2
Council. Appointments shall be published on the website for the City of San Rafael in
accordance with Government Code Section 54973, as amended from time to time .
Section 2.4. Terms of Appointment. Each Board member shall serve a minimum term
of four (4) years. An effort will be made to ensure that the terms are staggered, and not
all of the appointments expire in the same year.
Section 2.5. Term Limits. Members of the Board shall be limited to two (2) consecutive
four-year terms. Additional terms may be served if there is a break between terms.
Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive
Board meetings without notification to the Staff Liaison shall be considered a voluntary
resignation from the Board. Previously dismissed Board members may be eligible for
reappointment to the Board. The members of the Board shall be subject to removal by
the affirmative vote of three members of the city council.
Section 2.7. Compensation. Board members serve without compensation.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date,
and time shall be rendered to the public through posting on the City of San Rafael website.
The Board shall meet once per month, unless there is no business to conduct, and shall
be scheduled annually. The schedule for the upcoming year will be set by December of
the previous year.
1
ORDINANCE NO. 2018
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTION 14.25.070 AND ADDING SECTIONS 2.16.120 THROUGH
2.16.122 OF THE SAN RAFAEL MUNICIPAL CODE RELATED TO THE
DESIGN REVIEW BOARD
WHEREAS, regulations governing the Design Review Board of the City of San
Rafael are located in the San Rafael Municipal Code (SRMC) Section 14.25.070
(Environmental and Design Review Permits); and
WHEREAS, staff recommends deleting provisions of Section 14.25.070 relating to
the Board’s term of office, removal or vacancy of membership, meetings, quorum, and
rules of order; and
WHEREAS, staff recommends that the remaining regulations under Section
14.25.070 relating to Board membership and powers and duties be moved to new
Sections 2.16.120 through 2.16.122 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends that the regulation under Section 14.25.070
relating to streamlined reviews of certain residential projects remain in that section of the
code; and
WHEREAS, staff recommends the removal of compensation information from the
municipal code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Section 14.25.070 of Municipal Code.
Section 14.25.070 of Chapter 14.25 (Environmental and Design Review Permits) of the
San Rafael Municipal Code is hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
14.25.070 – Design review board Streamlined Review of Certain Residential
Projects.
A. Purpose and Authority.
1. The design review board shall serve as an advisory body to the city for the
purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits, except that
an alternate streamlined review process is allowed for certain eligible projects
as described below. The design review board may also serve as an advisory
body on other design matters, including minor physical improvements or
administrative design permits, referred to the board by the community
development director, planning commission or city council. The design review
board shall provide professional design analysis, evaluation and judgment as
to the completeness, competence and appropriateness of development
proposals for the use and setting and to recommend approval, approval with
conditions, redesign or denial based on design standards adopted by the city
council.
2
2. Streamlined Review of Certain Residential Projects.
The following residential projects shall be eligible for a streamlined review process, as
established by City Council resolution under a pilot program known as the "streamlined
review for certain residential projects."
a. A. Residential structures of three (3) to ten (10) units.
b. B. Additions to multifamily residential structures of between three (3) to ten (10)
units, where the addition constitutes no more than forty (40) percent of the total
square footage of the building and would not increase the unit count by more than
three (3) units.
This streamlined review process allows for a joint meeting of the planning commission and
two (2) representatives of the design review board. The framework, roles and membership
of the design review board representatives for a streamlined review process shall be as
established by city council resolution.
B. Membership of the Design Review Board. The design review board shall consist of a
total of five (5) regular members and may include one alternate member appointed by
the city council. The design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in
urban design;
4. The alternate member may have qualifications in any of the above fields of
expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one alternate
member, one planning commissioner shall attend board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all
design review board meetings to offer advice and direction to the board on
matters of commission concern.
C. Alternate Member. The alternate member may temporarily fill a vacancy created when
a regular member: (1) leaves office prior to completion of the member's term; (2)
cannot attend a meeting; or (3) cannot participate on a particular matter due to a
conflict of interest.
D. Term of Office. The term of office for each design review board member shall be four
(4) years. Of the members of the board first appointed, one shall be appointed for the
term of one year; one for the term of two (2) years; one for the term of three (3) years;
and two (2) for the term of four (4) years. The term of office for the alterna te board
member shall be four (4) years concurrent with the term of the chairperson.
E. Removal or Vacancy of Membership. Any member of the board or the alternate
member can be removed at any time by a majority vote by the city council. A vacancy
shall be filled in the same manner as the original appointment. The person appointed
to fill a vacancy shall serve for the remainder of the unexpired term.
F. Meetings. At least one (1) regular design review board meeting shall be held each
month on a date selected by the board, unless there is no business to conduct. The
design review board may adopt and amend as necessary, Rules of Order ensuring
efficient and responsive board meetings.
G. Quorum. Three (3) of the members of the board, either regular members or two (2)
regular members and the alternate board member, shall be required to constitute a
3
quorum for the transaction of the business of the board and the affirmation vote of a
majority of those present is required to take any action.
H. Compensation of the Design Review Board. All members of the board shall serve as
such without compensation.
I. The design review board may adopt, and amend as necessary, Rules of Order to
ensure efficient and responsive board meetings.
(Ord. 1838 § 53, 2005: Ord. 1794 § 2, 2003: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 94, 6-21-2010; Ord. No. 2006 , § 1, 5-2-2022)
Division 2. Addition to Chapter 2.16 of Municipal Code.
Sections 2.16.120 through 2.16.122 are hereby adopted and made a part of Chapter 2.16
(Boards and Commissions) of the San Rafael Municipal Code as follows. Additions are
shown in underline.
2.16.120 Design review board – creation.
A design review board is created.
2.16.121 Design review board membership - compensation.
The design review board shall consist of a total of five (5) regular members and may
include one alternate member appointed by the city council. The design review board
members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban
design;
4. The alternate member may have qualifications in any of the above fields of
expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one alternate
member, one planning commissioner shall attend board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all design
review board meetings to offer advice and direction to the board on matters of
commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member: (1) leaves office prior to completion of the member's term; (2) cannot
attend a meeting; or (3) cannot participate on a particular matter due to a conflict of
interest.
The city council may establish compensation for members of the design review board by
resolution.
2.16.122 – Design review board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the design review board shall be:
To serve as an advisory body to the city for the purpose of reviewing and formulating
recommendations on all major physical improvements requiring environmental and design
4
review permits, except that an alternate streamlined review process may be allowed for
certain eligible projects by ordinance or resolution of the city council.
To serve as an advisory body on other design matters, including minor physical
improvements or administrative design permits, referred to the board by the community
development director, planning commission or city council.
To provide professional design analysis, evaluation and judgment as to the
completeness, competence and appropriateness of development proposals for the use
and setting and to recommend approval, approval with conditions, redesign or denial
based on design standards adopted by the city council.
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
Division 3. CEQA Determination.
This Ordinance makes only administrative changes to the operations of a City board and
is therefore exempt from the requirements of the California Environmental Quality Act
(CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
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 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the ___ day of _______ 2022 by
the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
KATE COLIN, Mayor
Attest:
___________________________
LINDSAY LARA, City Clerk
RESOLUTION NO. 15130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING BYLAWS OF THE DESIGN REVIEW BOARD
WHEREAS, the City Council wishes to establish consistent rules and procedures for the
operation of its boards, commissions and committees, including the Design Review Board; and
WHEREAS, the Design Review Board bylaws in Exhibit A attached hereto are
recommended by staff and include specific rules and practices for the operation of the Board to be
consistent with recently approved bylaws for other City boards and commissions; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of members
based on unexcused absences;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Design
Review Board Bylaws as set forth in Exhibit A.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Monday, the 19th day of September 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
EXHIBIT A: DESIGN REVIEW BOARD BYLAWS
Design Review Board Bylaws
Page 1 of 2
DESIGN REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Design
Review Board, hereinafter referred to as the “Board.”
Section 1.2. Purpose. The Board shall serve as an advisory body to the city for the
purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits, except that an
alternate streamlined review process may be allowed for certain eligible projects by
ordinance or resolution of the city council. The Board may also serve as an advisory body
on other design matters, including minor physical improvements or administrative design
permits, referred to the board by the community development director, planning
commission or city council. The Board shall provide professional design analysis,
evaluation and judgment as to the completeness, competence and appropriateness of
development proposals for the use and setting and to recommend approval, approval with
conditions, redesign or denial based on design standards adopted by the city council.
Section 1.3. Board Responsibility. The Board’s responsibilities shall be in accord with
these Bylaws, as amended from time-to-time by the City Council. The Board’s authority
is advisory only. The Board has no power to act on behalf of the City of San Rafael or
any other entity.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Board shall consist of a total of five (5) regular
members and may include one alternate member appointed by the city council. The
design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban
design;
4. The alternate member may have qualifications in any of the above fields of
expertise; and
5. In addition to the five (5) council-appointed Board members and one alternate
member, one planning commissioner shall attend Board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all design
review board meetings to offer advice and direction to the board on matters of
commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member: (1) leaves office prior to completion of the member's term; (2) cannot
Design Review Board Bylaws
Page 2 of 2
attend a meeting; or (3) cannot participate on a particular matter due to a conflict of
interest.
Section 2.2. Eligibility. Board members shall be residents of the city of San Rafael.
Section 2.3. Appointment of Board Members. Regular voting members and alternate
members shall be appointed by the City Council. Appointments shall be published on the
website for the City of San Rafael in accordance with Government Code Section 54973,
as amended from time to time.
The liaison Planning Commissioner shall be appointed by the Commission Chairperson.
An additional Commissioner shall be appointed to serve as an “alternate liaison” in case
of absence.
Section 2.4. Terms of Appointment. Each Board member shall serve a term of four
(4) years. An effort will be made to ensure that the terms are staggered, and not all of the
appointments expire in the same year.
Section 2.5. Term Limits. Members of the Board shall be limited to three (3) consecutive
four-year terms. Additional terms may be served if there is a break between terms.
Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive
Board meetings without notification to the Staff Liaison shall be considered a voluntary
resignation from the Board. Previously dismissed Board members may be eligible for
reappointment to the Board. The members of the Board shall be subject to removal by
the affirmative vote of three members of the city council.
Section 2.7. Compensation. Board members serve without compensation.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date,
and time shall be rendered to the public through posting on the City of San Rafael website.
Regularly scheduled Board meetings shall be the first and third Tuesday of each month,
but these dates may be impacted by holidays. A schedule shall be approved annually by
the Board. The Board shall meet once per month. The schedule for the upcoming year
will be set by December of the previous year.
1
ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.010 THROUGH 2.16.013 OF THE SAN RAFAEL
MUNICIPAL CODE RELATED TO THE FIRE COMMISSION
WHEREAS, Article VIII, Section 10 of the Charter of the City of San Rafael requires
the City Council to appoint a Board of Fire Commissioners of the City of San Rafael; and
WHEREAS, regulations governing the Board of Fire Commissioners of the City of
San Rafael are located in the San Rafael Municipal Code (SRMC) Sections 2.16.010
through 2.16.013 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends amending SRMC Section 2.16.011 (Board
membership-Compensation) by replacing the provision that members serve without
compensation with a provision that authorizes the City Council to establish their
compensation by resolution; and
WHEREAS, staff recommends removing the Commission’s duty to review, and
make comments and recommendations regarding the annual operating budget of the fire
department by deleting the applicable provision from the SRMC Section 2.16.013 (Trustee
powers and duties); and
WHEREAS, there are instances throughout the SRMC where masculine language
is used, and staff recommends amending the language to be gender-neutral; and
WHEREAS, staff recommends repealing Section 2.16.012 of the SRMC (Board
term of office and removal) in its entirety because it is duplicative of information set forth
in Article VIII, Section 10 of the San Rafael Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Sections 2.16.030 through 2.16.033 of Chapter 2.16 (Boards and Commissions) of the
San Rafael Municipal Code are hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
2.16.010 - Board of fire commissioners.*
A board of fire commissioners is created.
(Ord. 889 § 2, 1967: Ord. 825 § 1, 1965: Ord. 422).
* Fire commission—See San Rafael Charter, Art. VIII § 10.
2.16.011 - Board membership—Compensation.
The board of fire commissioners shall consist of five members appointed by the city
council, one of whom may be a councilman councilmember. The chief of the fire
department shall be an ex officio member of the commission, but shall not be entitled to
vote as a member of the commission. All members of the commission shall serve without
2
compensation. The city council may establish compensation for members of the board of
fire commissioners by resolution.
(Ord. 889 § 3 (part), 1967).
2.16.012 - Board term of office and removal.
The members of the board of fire commissioners shall serve for a term of four years and
shall be subject to removal by the affirmative vote of three members of the council. The
terms of office of members of the commission shall be staggered in the manner provided
by resolution of the city council.
(Ord. 889 § 3 (part), 1967).
2.16.013 - Board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the board of fire commissioners shall be:
To review and recommend concerning the future needs of the fire department in respect
to long-range capital needs, including buildings, training facilities, and water mains and
hydrant replacements;
To review the relationship of the fire department with other governmental agencies and
private entities concerning topics which the commission feels present a true and pressing
need for the city's fire service, i.e., mutual aid and the fire rating system of the Independent
Insurance Office;
To review, comment and make recommendations regarding the annual operating budget
of the department;
To recommend to the fire chief and the city council action concerning initial adoption and
future amendments to the fire prevention code, the building code, and other such
ordinances which pertain to the prevention of fires within the community;
To receive monthly reports from the department head concerning the general operations
and functions of the department;
To perform such other duties as may be prescribed by the city council.
(Ord. 1131 § 1, 1974: Ord. 889 § 3 (part), 1967).
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
Division 3. CEQA Determination.
3
This Ordinance makes only administrative changes to the operations of a City commission
and is therefore exempt from the requirements of the California Environmental Quality Act
(CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
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 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the ___ day of ____ 2022 by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
KATE COLIN, Mayor
Attest:
___________________________
LINDSAY LARA, City Clerk
RESOLUTION NO. 15131
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING BYLAWS OF THE FIRE COMMISSION
WHEREAS, the City Council wishes to establish consistent rules and procedures
for the operation of its boards, commissions and committees, including the Fire
Commission; and
WHEREAS, staff recommends adoption of the Fire Commission Bylaws in Exhibit
A attached hereto, which include specific rules and practices for the operation of the
Commission to be consistent with recently approved bylaws for other City boards and
commissions; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of
members based on unexcused absences;
WHEREAS, the attached bylaws include the policy on term limits as outlined in
Resolution 13681 limiting Commissioners to a maximum of two consecutive four-year term
limits;
WHEREAS, the attached bylaws include eligibility requirements of living in city limits.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
Fire Commission Bylaws attached hereto as Exhibit A.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 19th day of September 2022, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
EXHIBIT A: FIRE COMMISSION BYLAWS
Fire Commission Bylaws
Page 1 of 2
FIRE COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Fire
Commission, hereinafter referred to as the “Commission.”
Section 1.2. Purpose. The purpose of the Fire Commission is to advise and support
the goals and objectives of the San Rafael Fire Department as articulated by the Fire
Chief.
Section 1.3. Commission Responsibility. The Commission’s authority is advisory
only. The Fire Commission has no power to act on behalf of the City of San Rafael or
any other entity.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
the San Rafael Municipal Code, the powers and duties of the Fire Commission shall be:
1. To review and recommend concerning the future needs of the fire department in
respect to long-range capital needs, including buildings, training facilities, and
water mains and hydrant replacements;
2. To review the relationship of the fire department with other governmental agencies
and private entities concerning topics which the commission feels present a true
and pressing need for the city's fire service, i.e., mutual aid and the fire rating
system of the Independent Insurance Office;
3. To recommend to the fire chief and the city council action concerning initial
adoption and future amendments to the fire prevention code, the building code,
and other such ordinances which pertain to the prevention of fir es within the
community;
4. To receive monthly reports from the department head concerning the general
operations and functions of the department;
5. To perform such other duties as may be prescribed by the city council.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of five (5) members,
one of which may be a Councilmember. The City Council has the authority to appoint
alternates as needed. The Chief of the fire department shall be an ex officio member of
the Commission but shall not be entitled to vote as a member of the Commission.
Section 2.2. Eligibility. Commissioners shall be residents of the city of San Rafael.
Fire Commission Bylaws
Page 2 of 2
Section 2.3. Appointment of Commissioners. Commissioners shall be appointed by
the City Council. Appointments shall be published on the website for the City of San
Rafael in accordance with Government Code Section 54973, as amended from time to
time.
Section 2.4. Terms of Appointment. Each Commissioner shall serve a term of four (4)
years. An effort will be made to ensure that the terms are staggered, and not all of the
appointments expire in the same year.
Section 2.5. Term Limits. Commissioners shall be limited to two (2) consecutive four-
year terms. Additional terms may be served if there is a break between terms.
Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive
Commission meetings without notification to the Staff Liaison shall be considered a
voluntary resignation from the Commission. Previously dismissed Commissioners may
be eligible for reappointment to the Commission. Commissioners shall be subject to
removal by the affirmative vote of three members of the city council.
Section 2.7. Compensation. Commissioners serve without compensation.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date,
and time shall be rendered to the public through posting on the City of San Rafael website.
The Commission shall meet once per month, unless there is no business to conduct, and
shall be scheduled annually. The schedule for the upcoming year will be set by December
of the previous year.
From: Responsible Growth Marin <info@rgmarin.org>
Sent: Tuesday, September 6, 2022 11:59 AM
To: Mayor Kate <kate.colin@cityofsanrafael.org>; Rachel Kertz <rachel.kertz@cityofsanrafael.org>;
Maribeth Bushey <maribeth.bushey@cityofsanrafael.org>; Eli Hill <eli.hill@cityofsanrafael.org>; Maika
Llorens Gulati <maika@cityofsanrafael.org>; Lindsay Lara <lindsay.lara@cityofsanrafael.org>
Cc: Alicia Giudice <alicia.giudice@cityofsanrafael.org>; Leslie Mendez
<Leslie.Mendez@cityofsanrafael.org>; Jim Schutz <jim.schutz@cityofsanrafael.org>
Subject: Proposed changes to City Boards, Committees & Commissions (BCCs)
For Public Record
Dear Honorable Mayor and City Council Members,
I will not be able to attend tonight’s City Council meeting therefore I am writing to share my
questions and comments so hopefully there will be some discussion regarding the points raised
and this email is entered into the public record.
The City Council on 6/6/22 changed the composition of the BPAC (bicycle & pedestrian advisory
committee), reducing voting membership from 9 to 5, and the Parks & Recreation(P&R)
Commission, reducing voting membership from 7 to 5 voting members. The rationale was "to
have uniformity among City advisory committees, improve efficiencies in meetings, and have
inclusivity of experiences in our members, while remaining manageable”.
The City Council also deleted the P&R Commission's authority to review P&R budget and made
several changes to the San Rafael Code regarding composition of the Planning Commission, set
term limits, and allowed the City Council to set eligibility requirements, quorum, meeting
frequency, and compensation.
At this week's meeting the Council will continue this process with the 5-member Library Board
of Trustees (allows compensation, sets term limits, removes budget review authority), Design
Review Board (deletes code provisions on membership, term of office, removal or vacancy of
membership, meetings, quorum, and compensation and allow City Council to decide this by
resolution; sets term limits), and Fire Commission (similar changes).
While I totally support consistency and efficiencies across San Rafael Boards, Committees &
Commissions, I don’t understand the rationale to decrease the autonomy and decision-making
responsibility. One must wonder, isn’t it dangerous and antidemocratic to consolidate almost
all power in the hands of the City Council? Also, I question whether eliminating the quorum
requirement would allow by-passing Brown Act regulations?
I plan to see the video so if you are unable to answer my questions in tonight’s meeting, please
send me a written response.
I sincerely appreciate your consideration.
Respectfully,
Grace Geraghty
Terra Linda Resident - 36 years
