Southern Marin Fire Protection District 308 Reed Boulevard Mill Valley, California 94941 Phone: 415.388.8182 Fax: 415.388.8181 1 | Page Agenda – Board of Directors Meeting – September 27, 2017 Southern Marin Fire Protection District – Board of Directors Meeting AGENDA Wednesday, September 27, 2017 7:00 PM 308 Reed Boulevard, Mill Valley Any person with a disability covered under the Americans with Disabilities Act (ADA) may receive a copy of the agenda and a copy of all the documents constituting the agenda packet prepared by the local agency or other interested person for the meeting of 9/27/2017 upon request in an appropriate alternative format. Requests for mailed copies of agendas or agenda packets are valid for the calendar year in which requests are made and must be renewed annually after January 1. Any person with a disability covered under the ADA may also request a disability-related modification or accommodation, including auxiliary aids or services in order to participate in a public meeting. Please contact Southern Marin Fire Protection District at 415.388.8182 at least 5 working days prior to the meeting and provide information on the assistance required. Call to Order: Pledge of Allegiance: Open Time for Public Expression: (limited to 3 minutes per person). The Board welcomes public comments on all agenda items. Agenda Adjustments: Approval of Minutes: Date - Regular Board Meeting A. Correspondence 1. Correspondence from CPSE regarding Captain Golden Page 4 2. Letter from Mill Valley Fire BC St. John Page 5 3. Letter from Marin County Sheriff Page 6 4. Letter from Mill Valley Fire BCs St. John and Hatfield re ST 2142C Page 7 5. Letter from Mill Valley Fire BC St. John re Paradise Drive call Page 8 6. Letter from Marin Professional Firefighters re Velo Ride Page 9 7. LAFCO letter Page 10 8. Elections Department polling place cancellation Page 11 9. Urban Shield flyer Page 12 10. Thank you card from Followell family Page 13 11. Thank you from Chetco Fire Page 14 12. Mariposa County Thank You letter Page 15 B. Presentation 1. NHA Advisors Revenue Study Page 17 Presentation/Action C. Staff Reports 1. Fire Chief Report: Fire Chief Chris Tubbs Page 44 2. Operations and Training: Battalion Chief Matt Barnes Page 49 3. Administration and Logistics: Battalion Chief Kai Pasquale Page 52 4. Prevention: Deputy Fire Marshal Fred Hilliard Page 54 5. Finance: Finance Manager Alyssa Schiffmann Finance Report – September 2017 Page 55 Balance Sheet – Dated 09/14/17 Page 57 Budget Report FY 2017/2018 – Dated 09/14/17 Page 58 ' A ..
Transcript
Southern Marin Fire Protection District 308 Reed Boulevard Mill Valley, California 94941 Phone: 415.388.8182 Fax: 415.388.8181
1 | P a g eAgenda – Board of Directors Meeting – September 27, 2017
Southern Marin Fire Protection District – Board of Directors Meeting
AGENDA Wednesday, September 27, 2017
7:00 PM 308 Reed Boulevard, Mill Valley
Any person with a disability covered under the Americans with Disabilities Act (ADA) may receive a copy of the agenda and a copy of all the documents constituting the agenda packet prepared by the local agency or other interested person for the meeting of 9/27/2017 upon request in an appropriate alternative format. Requests for mailed copies of agendas or agenda packets are valid for the calendar year in which requests are made and must be renewed annually after January 1. Any person with a disability covered under the ADA may also request a disability-related modification or accommodation, including auxiliary aids or services in order to participate in a public meeting. Please contact Southern Marin Fire Protection District at 415.388.8182 at least 5 working days prior to the meeting and provide information on the assistance required.
Call to Order:
Pledge of Allegiance:
Open Time for Public Expression: (limited to 3 minutes per person). The Board welcomes public comments on all agenda items.
Agenda Adjustments:
Approval of Minutes: Date - Regular Board Meeting
A. Correspondence1. Correspondence from CPSE regarding Captain Golden Page 4 2. Letter from Mill Valley Fire BC St. John Page 5 3. Letter from Marin County Sheriff Page 6 4. Letter from Mill Valley Fire BCs St. John and Hatfield re ST 2142C Page 7 5. Letter from Mill Valley Fire BC St. John re Paradise Drive call Page 8 6. Letter from Marin Professional Firefighters re Velo Ride Page 9 7. LAFCO letter Page 10 8. Elections Department polling place cancellation Page 11 9. Urban Shield flyer Page 12 10. Thank you card from Followell family Page 13 11. Thank you from Chetco Fire Page 14 12.Mariposa County Thank You letter Page 15
B. Presentation1. NHA Advisors Revenue Study Page 17 Presentation/Action
C. Staff Reports1. Fire Chief Report: Fire Chief Chris Tubbs Page 44 2. Operations and Training: Battalion Chief Matt Barnes Page 49 3. Administration and Logistics: Battalion Chief Kai Pasquale Page 52 4. Prevention: Deputy Fire Marshal Fred Hilliard Page 54 5. Finance: Finance Manager Alyssa Schiffmann
Southern Marin Fire Protection District 308 Reed Boulevard Mill Valley, California 94941 Phone: 415.388.8182 Fax: 415.388.8181
2 | P a g eAgenda – Board of Directors Meeting – September 27, 2017
Budget Report FY 2016/2017 – Dated 06/30/17 Page 63 SMFD Disbursements/Warrants – Dated 09/14/17 & 09/05/17 Page 68 Bank of America Statement Page 74
6. Association Report: Association President Jason Golden
D. Committee Reports1. Southern Marin Emergency Medical Paramedic System (SMEMPS) Discussion/Action 2. Shared Services Committee Discussion/Action 3. Finance Committee Discussion/Action 4. Personnel Committee Discussion/Action 5. Communications Committee Discussion/Action 6. Building Committee Discussion/Action 7. MERA Committee Discussion/Action
E. New Business1. Approval of Contract with NHA Advisors Page 81 Action 2. Consideration of Hiring Deputy Chief Page 94 Discussion/Action 3. Resolution 2017/2018-4 to adopt 2017/2018 final budget with DC Page 95/103 Discussion/Action 4. Resolution 2017/2018-5 to adopt 2017/2018 final budget without DC Page 104 Discussion/Action 5. Resolution 2017/2018-6 regarding New Deferred Compensation Company Page 105 Discussion/Action 6. Resolution 2017/2018-7 regarding Battalion Chiefs’
Employment Agreements Page 140 Discussion/Action 8. Probationary Firefighters moving to Permanent Status Page 159 Action 9. Exception Request for Fire Hydrant Upgrade Page 160 Discussion/Action
F. Old Business1. None
G. Poll the Board
Next Regular Meeting: 10/25/2017
At the discretion of the Board, all items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board.
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Correspondence
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4
Center ror 1 Public Safety
Excellence
August 18, 2017
Chris Tubbs Fire Chief Southern Marin Fire Protection District Mill Valley, CA
Dear Chief Tubbs:
On behalf of the Commission on Professional Credentialing (CPC), I am writing to inform you that Jason Golden rec eived the Fire Officer (FO) designation on July 26, 2017. Captain Golden becomes one of only 400 FO designees worldwide.
The Designation program is a voluntary program designed to recognize individuals who demonstrate their excellence in seven measured components including experience, education, professional development, professional contributions, associa tion membership, community involvement and technical competence. In add ition, all applicants are required to identify a future professional development plan.
The FO designation program uses a comprehensive peer review model to evaluate candidates seeking the credential. The Commission on Professional Credentialing awards the designation only after an individual successfully meets all of the organization's stringent criteria.
Achieving this designation signifies Captain Golden's commitment to his/her career in the fire and emergency services.
This professional designation is valid for three years. Maintaining the designation requires r ecipients to show con tinued growth in the areas of professional development , professional contr ibuti ons, active association membership and community involvement as well as adhere to a strict code of professional conduct.
Please join us in congratula ting Captain Golden on this achievement.
For further information, please don't hesitate to contact me at dsobotka{(ilcpse.org or 703-691-4620, ext. 202.
Sincerely ,
Debbie Sobotka CPSE Deputy Director
450 1 Singe r Court, Suite 180 I Chantilly VA 20151 I (70.:1) 691-462( www .cpse .org
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August 31, 2017
Chief Chris Tubbs
MILL VALLEY FIRE DEPARTMENT 1 Hamilton Drive, Mill Valley, CA 94941
Southern Marin Fire Protection District 309 Reed Boulevard Mill Valley , CA 94941
Dear Chief Tubbs:
Tom Welch Fire Chief
On Wednesday, August 30th at 0720 hrs. Southern Area units from Tiburon, Southern Marin Fire Protection District and Mill Valley Fire Department were dispatched for a vehicle over-theside on Paradise Drive.
The vehicle went approximately 200 feet down and impacted a house on Trinidad Drive and came to rest suspended IO feet above the ground. Inside were two injured juvenile males, one who was unconscious and in critical condition and the other occupant with moderate injuries.
This was a complex extrication that required a broad range of rescue skills that included shoring , strapping , chain saw work, technical rope access and utilizing auto extrication tools 15 feet up a ladder in very precarious positions. Most importantly it required close coordination, critical thinking and problem solving between members from seven different agencies who all worked seamlessly together. Many members commented that this was the most challenging auto extrication incident they had ever seen.
Your crews worked methodically , tirelessly and with some members at times exposing themselves to personal risk to extricate the patients as quickly as possible in very challenging conditions. I would like to commend Captain Cordi Sullivan, FF Pete Falk, FF/PM Jimmy O'Connor, FF Michael Ford , Captain JD Moore , FF Jeff Smiley , FF Brett Stone , FF/PPM Drew Clauson and FF Nick Young.
Their professionalism and hard work on this call helped save a life and exemplified the heroic work the best firefighters are known for. I'm honored to work with such a dedicated group of people and would like to thank them for their excellent work on this call.
Michael St. Jo Battalion Chief , Mill Valley Fire Department mstjohn @cityofinillvalley.org 415/3 89-4140 office
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MARIN COUNTY SHERIFF'S OFFICE 1600 Los Gamos Drive , Suite 200, San Rafael, CA 94903
ROBERT T. DOYLE Sheriff - Coroner
MICHAEL J. RIDGWAY Undersheriff
Christian Tubbs, Fire Chief
August
Southern Marin Fire Protection District 308 Reed Boulevard Mill Valley, CA 94941
Dear Chief Tubbs:
Thank you for your letter of appreciation for the assistance that Lieutenant Edwards, Deputy Gallegos , Dispatcher Letsche, Dispatcher Jeff and Dispatcher Klemme provided on August 8, 2017, when the Southern Marin Fire District was dispatched to a reported structure fire at an apartment building in Mill Valley.
I am pleased to hear that their assistance contributed to the fact that the damage to the building was minimized and both injury and loss of life were prevented .
I have forwarded a copy of your letter to each of them and a copy will become a permanent part of their personnel files.
Again , thank you for taking time to make me aware of their actions.
~p· ROBERTT . DOYLE SHERIFF-CORONER
RTD:sjb
"In Partnership with our Communities" www.marin sheriff.org
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MILL VALLEY FIRE DEPARTMENT Tom Welch Fire Chief 1 Hamilton Drive , Mill Valley, CA 94941
(415) 389-4130 Fax: (415) 389-4186
August 17, 2017
Fire Chief Chris Tubbs Southern Marin Fire Protection District 308 Reed Blvd. Mill Valley , Ca. 94941
Dear Fire Chief Chris Tubbs:
I wanted to say thank you to the firefighters on Engine 604 that was assigned to OES Strike Team 2142C from July 31 to August 8, 2017. They responded to the Modoc July Complex that consumed 83,120 acres , conducting heavy mop up and parimeter patrol around rural homes during the deployment.
I wanted to let you know your crew worked hard and represented Marin County and the Southern Marin Fire Protection District well throughout the short deployment. Their professionalism and dedication to their jobs was continually displayed throughout the assignment. I appreciated the high morale and dedication to operational readiness during the trip. Please let Acting Captain Jason Golden , Engineer Jeff Smiley , Firefighter Drew Clasen and Firefighter Nick Falcetti-y oung know they did and outstanding j ob.
Enclosed you will find our evaluation of your crew, please share it with them. Also enclosed is an envelope with an evaluation form of our performance . Please return it to Fire Chief Jason Weber , the Marin Operational Area Mutual Aid Coordinator.
Michael St. John Battalion Chief, Mill Valley Fire Department mst john@cityofini llvalley.org 415-3 89-4140 office
Jason Hatfield Battalion Chief , San Rafael Fire Department Jason.hatfield @cityofsanrafael.org 415-485-3368
Southern Marin Fire Protect ion District 309 Reed Boulevard Mill Valley , CA 94941
Dear Chief Tubbs:
Tom Welch Fire Chief
On Wednesday , August 30th at 0720 hrs. Southern Area units from Tiburon , Southern Marin Fire Protection Distiict and Mill Valley Fire Department were dispatched for a vehicle over-theside on Paradi se Drive .
The vehicle went approximately 200 feet down and impacted a house on Trinidad Drive and came to rest suspended l O feet above the ground . Inside were two injured juvenile males , one who was uncon scious and in critical condition and the other occupant with moderate injuries.
This was a complex extrication that required a broad range of rescue skills that included shoring , strapping , chain saw work, technic al rope acce ss and utilizing auto extrication tools 15 feet up a ladder in very precariou s position s. Most importantl y it required close coordination , critica l thinking and problem solving between member s from seven different agencie s who all worked seamle ssly together. Many members commented that this was the most challen ging auto extrication incident they had ever seen.
Your crews worked methodically , tirele ssly and with some member s at times expo sing themselves to personal risk to extricate the patient s as quickly as possible in very challenging condition s. I would like to commend Captain Cordi Sullivan , FF Pete Falk, FF/PM Jimmy O' Connor , FF Michael Ford , Captain JD Moore , FF Jeff Smiley , FF Brett Stone , FF/PPM Drew Clau son and FF Nick Young.
Their profe ssionalism and hard work on this call help ed save a life and exempl ified the heroic work the best firefighter s are known for. I'm honored to work with such a dedicat ed group of people and would like to thank them for their excellent work on this call.
Batta lion Chief , Mill Valle y Fire Depa11ment mstjohn @cityofmill valley.org 4 15/389-4140 office
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Local 1775 September 20, 2017
Dear Chief Tubbs,
On behalf of the Marin Professional Firefighters, IAFF Local 1775 we thank you and the
Southern Marin Fire District for hosting the sixth consecutive start of the VELO cycle ride at
station 1, Sausalito.
As you are well aware the cyclists ride in memory of our fallen Firefighters that lost their
battle against cancer. Local 1775 has lost several members to cancer. There was a moment
when the group was sharing stories of Firefighters that are battling cancer right now . Currently,
one of my childhood friends, a Local 1775 retiree (2014) is battling a cancer that attacked his
brain. He is loved very much by the San Rafael Firefighters and Local 1775.
Thank you for your inspirational words for the cyclists as they prepared to ride from
Sausalito to Santa Monica in memory of our fallen brothers and sisters.
It is always great returning to Southern Marin.
Bob Briare, President Marin Professional Firefighters, IAFF Local 1775
Affil iated vvith Interna tiona l Assoc iatio n of Fire Fighters · California Profes~ional Firefighters . AFL-ClO
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Marin Local Agency Formation Commission Regional Service Planning I Subdivision of the State of California
ANN OU CEMENT
September 8, 2017
Appointment Interim Executive Officer
The Marin Local Agency Formation Commission (LAFCO) has appointed Rachel Jones as Interim Executive Officer effective Monday, September 11 , 2017. The appointment was announced by Chair Blanchfield as part of a special meeting held by the Commission on September 7th . Ms. Jones has served as Policy Analyst with Marin LAFCO since October 2015 and - among other items - responsible for overseeing Commission's municipal service review program. Ms. Jones is an Oakland native and previously worked as an Analyst with the San Francisco Planning and Urban Research (SPUR) after earning an undergraduate degree in urban planning from Cornell University.
Ms. Jones's appointment follows Keene Simonds' departure to assume the Executive Officer position with San Diego LAFCO .
Adminis tr ative Offi ce Damon Cc,nnolly, Regular Carla Condon, V,ce Cha•r Jack Baker Reg u la, Jettry Blancht ,eld, Chair
Rachel Jones, lntt!r1m be cut,ve o tt ,cer County ot Marrn Town of Corte Madera North M arin Wat er District Pub hc Member
1401 Los Gamos Drive, Suite 220 Denr," J Rodon, , Regular Sash • McEntee, Regu lar Cr.11g K. Murr av, Reg ular Ch m S~e lton . Alternate San Rafael, California 9,;903 County .:>f Mann City of Moll Valley Las Gallinas Valley San1taf')' Public Me1T"ber T· 415 448 .5877 E: staff@lmannla fco.org
Judy Arnold, AlternatP Matthew Brown, Alternate Lew Kious, Alt ernate www .rnarinlaf<o.org County of M ann Town at San t\nselmo Almonte-Sdnit(!ry District
.................................................. .E.L.EC.Il.O .. N.S ... .D.E.P..A.RT.M.E.NT ..................... . Providing o responsive, transparent, ond professionol opprooch to conducting elections
August 29, 2017
Southern Marin Fire Protection Dist. 308 Reed Blvd Mill Valley, CA 94941
Polling Site: So Marin Fire Protect ion District Tra ining Room 308 Reed Blvd Mill Valley , CA 94941
Re: POLLING PLACE CANCELLATION FOR NOVEMBER 7, 2017
Dear Polling Place Provider ,
There are no Districts in your area filing for an election on November 7, 2017. Consequently , we are canceling the use of your facility for a polling place on this date.
Please continue to reserve for next year's June 5, 2018 Gubernatorial Primary Election , and the November 6 , 2018 Gubernatorial General Election. We will send reminder notices 6-8 weeks before each election . If you have any questions, please call me at (415) 473-6439 .
Thank you for your continued support of the election process.
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ping me safe
I vould like to give a big ''Atta Boy" to the four uniformed
firemen who sho\ved up at rny door on Tuesday morning who
\\'ere notified by R.B. Brock that I needed some assessment
done of my property off House Rock Road in the way of fuels
and burnable foliage around my house.
They asked me what I needed and I let them know that all the
gutters were full of pine needles and that the cedar trees were
so close to the house and needed limbing up from the bottom.
They went to work immediately and in an hour or hour and a
half, they had even swept my entire driveway of pine needles.
They were so jovial and kind. They were led b Capt. at Fox,
Task Force 2809, OES 325 Engine Co. Kentfield Fire District, Cal OES in Marin County, California.
The captain gave me a hug and said I had nothing to orry about. I felt so much relief.
Barbara Edmiston
15
August 24 , 2017
Southern Marin FPO 308 Reed Blvd. Mill Valley , CA 94941
Dear: Southern Marin FPO
YOSEMITE - MARIPOSA COUNTY-
On behalf of the entire Mariposa County travel industry, thank you for your diligence and commitment to saving the towns of Mariposa, Bear Valley and Cou lterville as well as dozens of vacation rental homes and businesses tlu-oughout the region . Your tireless efforts protected the live lihood of so many in this county who rely on the tourism industry and its economic vitality.
Although the fire and its effec ts temporarily inconvenienced business owners and thousand s of guests, the community has rebounded quickly and seems to be back on track to regaining its economic vitality from the high demand to expe rience Yosemite Nationa l Park and the gateway communities .
ft is sober ing to have been directly affected by such an incident , and we are so grateful that the men and women who make up first responder agencies from all over the state and the region would put themselves in harm's way to protect the lives ,md assets of people with whom they have no direct association. This letter is a meager , but hea11felt, effort to express the deep appreciation felt by so many in our community.
Again , thank you.
Sincerely.
Terry Selk Executive Director Yosem ite Mariposa County Tour ism Bureau
Yosemite Mariposa County Tourism Bureau, P.O. Box 967, Maripo sa, CA 95338 , (209) 742 - 4567
NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 2
RECOMMENDATIONS • The Southern Marin Fire Protection District (the “District”) might consider dedicating the ERAF
revenue source to contributions to capital reserves. • The District might consider dedicating GGNRA revenues to contributions towards capital reserves. • District should research if tax-exempt parcels are indeed tax-exempt, and assess them
accordingly. • The District could possibly increase cell tower lease revenues by contracting with a cell tower
consultant to evaluate: new wireless leases; extensions to existing leases; expansions to existing leases; lease buyouts (individual or portfolio); lease renegotiations; lease valuations; lease audits (including financial and physical audits); review of master lease or marketing proposals; and review of offers to purchase towers.
• The District should consider conducting a cost analysis of the expenses for its personnel providing service delivery for SMEMPS.
• Another operating revenue source generating approximately $1,250,000 annually with an inflation escalator, will likely be required within the next 2 to 5 years, primarily to offset the dedication of ERAF and GGNRA revenues to capital reserves.
NEW REVENUE SOURCE OPTIONS As discussed later in this report, the District inherited property tax and existing parcel taxes from the two underlying special districts when it was formed in 1999. The District also has the legal authority to add or replace the existing parcel taxes with new revenue sources to supplement existing one-time and/or annual operational and capital expenditures. California Special Districts have the ability to seek voter authorization to levy special taxes or assessments through the property tax collection system. The new revenue generated through the levy of the special tax or assessment can be applied to specific capital projects or applied for annual operational expenses based on the authorization approved by the District voters.
New Revenue Structures
If the District decides to pursue funding any portion of a capital project, the formation of an assessment district (“AD”) or community services district (“CFD”) will be required. Either an AD or CFD provide for the levy of an assessment or special tax which can be applied towards bond debt service (if bonds are issued) or allowable ongoing operational expenses. Upon a successful election, the property owners commit to make the assessment or special tax payment as part of their annual property tax billing.
Assessment District
Originally created in 1911, the AD law allows for the levy of an assessment lien against a property for improvements benefiting the property (not the homeowner or tenant). The levy of an assessment creates a reliable revenue source that can be leveraged for purposes of issuing improvement bonds (typically tax exempt and therefore lower interest rates) of which the proceeds are applied to infrastructure improvements such as streets, curbs, gutter, storm drain systems and utilities.
The determination of the assessment amount is calculated by an engineer and takes into consideration benefit. Benefit is often based on linear frontage of a property, total square footage of land or
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 3
improvements or some other quantifiable measure. By law, no property owner can be levied an assessment more than the property benefit as defined in the Engineer’s Report (required as part of the formation of the AD). Under an AD structure, any benefit generated by the improvements that is not specific to property owners is considered “general benefit” and is required to be funded by the District (it cannot be levied against property owners). This is only a requirement of the AD structure and does not apply to a CFD.
Community Facilities District (CFD)
Community Facilities Districts were established by the Mello-Roos Community Facilities Act of 1982 and generally are used more often than assessment districts to fund infrastructure improvements given the greater flexibility in the special tax (as opposed to an assessment) levy structure. The CFD can be used to fund capital projects or meet ongoing services. A special tax levy is similar to the assessment levy and is placed on the property tax bill for collection with other typical property-related charges.
The use of a CFD and special tax structure is considered more beneficial to property owners given the flexibility in designing equitable repayment of improvement costs. There is no requirement for an engineer to define “benefit” for purposes of creating the special tax formula. The allocation of a special tax can be as simple as a straight percentage allocation, based on a formula like an assessment or even negotiated between participating property owners. It is not uncommon for one property owner to advocate for the Project and be willing to carry a larger portion of the special tax if it will motivate other property owners to participate (and therefore accelerate the improvements). The special tax cannot be based on assessed value, but can be spread in any reasonable manner, dictated by mathematical formulas in the rate and method of apportionment (“RMA” is the parallel document to the Engineer’s Report in an assessment district).
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 4
Comparison of AD vs CFD
The following table highlights some salient differences between assessment districts and community facilities districts.
Community Facilities District Assessment Districts
Improvements Eligible for District Formation
All publicly-owned capital improvements with a useful life of 5 years or more
Public infrastructure improvements which provide local special benefit to parcels
Apportionment Tax Levy
Special tax based on benefit received by parcels of real property; levy can vary
Assessment proportional to special benefit conferred, fixed at formation
Financing District Boundaries
Can be expanded through future annexations, possibility for non-contiguous boundaries
Fixed once assessments are confirmed; must be contiguous
Homeowner Property Tax Bills
Variable special taxes levied each year up to maximum rates (limits on annual levy increases)
Assessments can only be levied for existing debt service, maintenance costs, and pre-approved administrative charges
Land Use Changes Special tax formula adapts to land use changes Assessment lien apportionments cannot easily be modified
Flexibility to Address Shortfalls
Special tax may increase to make up shortfalls due to property owner defaults
Defaults by other property owners may create risk of bond default
Pay-Off or Prepayment of Lien
Allowed if included in the Rate and Method of Apportionment, subject to prepayment premium
Automatically allowed by state statute, also subject to prepayment premium
Public Agency Financing Guidelines
Must be adopted by agency prior to initiation of proceedings to establish CFD
None required by law, though often done as a policy matter
Assessment/Taxation of Undeveloped Property
Special taxes on undeveloped land can differ from special taxes on developed land
Assessments on undeveloped land based on potential development; similar to assessments on similar properties post-development
Services District can Provide
Police, fire, ambulance and paramedics, flood protection, seismic repair, water supply, gas supply, library programs, school maintenance, and museum maintenance
Fire, flood protection, seismic repair, water supply, and gas supply.
The District must first determine what is needed as part of its long-term financial plan. Depending on the type of operational shortfall or capital need, one of the revenue structures identified above could be implemented (with voter approval) to secure a long-term new revenue source. If the District decided to move forward with the implementation of a new assessment or special tax, both ongoing operational expenses and one-time capital projects could be included in the same initiative. The effort and cost of formation and voter approval can be extensive and best practices indicate being as comprehensive as possible when the District Board elects to move forward with one of these processes.
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 5
A new special tax or assessment could be supplemental to the existing parcel tax collected by the District or serve as a revised new tax that replaces the existing parcel tax collection. Discussion of the existing parcel tax is discussed later in this report.
LONG-TERM FINANCIAL PLAN NHA Advisors, LLC prepared a long-term fiscal model using the 2017 budget as a base. Since the 2017 budget funded several capital items from reserves, it was a deficit budget. The District has approximately $8.5 million in reserves. The District could continue operating and capital spend at the same levels and not consume all reserves for ten years.
OPERATING REVENUES AND EXPENSES Currently, District considers revenues from GGNRA and ERAF as operating revenues. As such, the District’s operations have been and are balanced.
23
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Later in this report, we recommend that these revenues be dedicated to capital funding for reasons explained below. Removing these revenues produces a structural imbalance between operating revenues and expenses as depicted below.
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NEW REVENUES SOURCE Therefore, since it would not be prudent to reduce reserves that cover 6 months of operating costs to less than 1 week and also because operating revenues and expenses are structurally unbalanced, another operating revenue source will likely be required within the next 2 to 5 years;
If the District sought another revenue source generating $1.25 million annually, with a built-in growth rate consistent with inflation, it would result in a structural balance that sustains operating and capital costs, and maintains adequate reserves of three months of annual expenditures.
Net Secured Property Taxes are assessed at the beginning of the calendar year, then levied, collected and distributed by the County during the year. In addition to levied secured property tax, the County collects and distributes to the District a monthly amount of property tax pertaining to supplemental roll property tax (properties transferred after the levy date and taxes collected with the property’s related “closing costs”).
The District receives secured property tax in the form of unitary tax, the amount of property taxes generated from utility companies. Utility companies allocate property taxes to all taxing entities statewide through a special legislated formula.
The District receives secured property taxes reimbursements from the excess monies distributed under the Educational Revenue Augmentation Fund (ERAF) shifts from 1992-1994.
The County is permitted under Senate Bill 2557 to assess taxing entities for the County’s share of costs for property tax administration.
Unsecured roll property taxes are taxes on property for which the lien is not sufficient to assure payment of the tax. Because the tax is not secured by real property (such as land) the tax is called “unsecured.”
AB 8 CALCULATION Proposition 13 limited the tax rate for each individual piece of property to one percent, exclusive of bonded indebtedness approved by the voters prior to adoption of the initiative or at the same election. Property would be valued for taxing purposes as of the 1975 lien date, or as of the date of ownership change or as newly constructed after the 1975 lien date. For subsequent lien dates, annual assessed value adjustments are limited to the lesser of the increase in the California consumer price index or two percent. State and local governments are prohibited from imposing any new ad valorem (based on value) taxes on real property.
In the second year after passage of Proposition 13, the legislature had to address three specific problems, two of which affect the District: specifically focusing on how to distribute growth in assessed valuation; and how to redistribute property taxes resulting from changes in jurisdictional boundaries and/or services. This led to the passage of AB 8 that created a new property tax base for each local agency.
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 12
Then, AB 8 established the basic property tax apportionment system ensuring that in any fiscal year, a local government will receive property tax revenue equal to what it received in the prior fiscal year (called “base”) plus its share (whether positive or negative) of growth in revenue due to growth in assessed value within its boundaries (called increment). AB 8 stipulated that the property tax proceeds on value growth (whether due to change in ownership, new construction, or the 2 percent inflation factor) accrue only to those jurisdictions where the increase took place.
The 1979/80 base created for each taxing jurisdiction includes the combined amounts received the previous year under SB 154 plus the effects of the “AB 8 shift”. Each year thereafter, the increment attributable to growth in assessed value is added to the previous year’s base, which together become next year’s base amount.
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700k
600k
., ~ S00k
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300k
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Southern Marin Fire Protection District - AB 8 Base Calculation
• PRIOR YCAR ALLOCATION NCT Of ROA - Descrrp!ion Ptndii,g
• CURRENT YEAR TAX INCREMENT - Oescrip1,on P11,ndir>9
Southern Marin Fire Protection District - CURRENT YEAR TAX INCREMENT - Description Pending
Download generated on 03/ 10/ 2017
• CURRENT YEAR TAX INCREMENT - Descr iption Pending
2007-08 2008--09 2009-10 2011-12 2012-13 2013-14 2014- 15 2015-16 2016-17 Actual Actual Actual Actual Actual Actual Actual Actual Actual
1990s ERAF Property Tax Shift Property Taxes Shifted to Schools. In 1992-93 and 1993-94, in response to serious budgetary shortfalls, the state permanently redirected almost one-fifth of total statewide property tax revenue from cities, counties, and special districts to K-12 and community college districts. Under the changes in property tax allocation laws, the redirected property tax revenue is deposited into a countywide fund for schools, ERAF. The property tax revenue from ERAF is distributed to non-basic aid schools and community colleges, reducing the state’s funding obligations for K-14 education.
“Excess ERAF” Shifted Back. In the late 1990s, some county auditors (including Marin) reported that their ERAF accounts had more revenue than necessary to offset all state aid to non-basic aid K-12 and community college districts. In response, the Legislature enacted a law requiring that some of these surplus funds be used for countywide special education programs and the remaining funds be returned to cities, counties, and special districts in proportion to the amount of property taxes they contributed to ERAF. The ERAF funds that are returned to noneducational local governments are known as excess ERAF.
The apportionment system contains disparities and inequities. The property tax base and the factors used to allocate assessed value growth are based on priorities established three decades ago. The system is regulated by the state who is often far removed from the ability to identify the opportunities to improve efficiencies and economies within a local region and lacks a redistribution mechanism for meaningful allocation change. More importantly, since the tax dollars are placed in a pot and redistributed by statutory prescribed formulas, taxpayers cannot readily associate the taxes they pay with the local services provided.
As indicated in the accompanying chart, Excess ERAF is shrinking in correlation to the amount shifted, and the amount coming to the District will eventually be consumed by the formula shifting the monies from cities, counties, and special districts to K-12 and community college districts. District might consider changing this revenue source from Operating Revenues to contributions to capital reserves.
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NHA I ADVISORS Strategy. Innovation. Soluti ons.
Southern Marin Fire Protection District - Property Taxes
[l,o,,.·nlo.td~M r;U~dO'I0J'ltl 2017
Southern Marin Fire Protection District - Property Taxes Oownloid g~nt•it.o;d °" 01, 10· 10 11
The property tax apportionment system can be characterized as a zero-sum game. For every dollar that is redistributed to one local government another local government must lose a dollar. For this reason, past attempts to change the distribution of the one percent rate under AB 8 has been met with vigorous opposition. The Legislative Analyst Office describes the problem this way. “Despite the large degree of consensus on the problems, enacting reform has proven elusive because it requires making difficult tradeoffs across multiple worth policy objectives. That is, in most cases, making progress towards one desirable reform objective requires a step away from another.” (O’Malley, 2000, p.7) To that end, the current property tax apportionment system will probably remain with us for a long, long time.
ASSESSED VALUATION The fiscal year for property tax is July 1 through June 30. The valuation of property is determined by the County Assessors and the California State Board of Equalization, in keeping with provisions of the State Constitution, Article XIII, section 19, and Revenue and Taxation Code sections 134, 135, 219, 401, and 531. The amount of assessed valuation attributable to property and the applicable exemptions are subject to constant change.
By Land Use Property values have increased by 7.2% over the past three fiscal years, since Sausalito became part of the property tax base. Without Sausalito, property values increased 7.5% More noteworthy is the growth in multifamily residential land use: averaging 9.3% for the past three years including Sausalito, and 12.9% not including Sausalito assessed valuations.
Propctrty Ta.x - Current Secured a Property Tax - Cur rent UnSocured
Propeny Tax Relief - HOPTR
Page 15
By Value Base Land value of property assessments averaged 8.6% for the past three years, but 9.1% without Sausalito; and Improvement value increased an average of 5.4% over three years and 5.2% without Sausalito.
By Situs City Assessed values in Sausalito grew by an average of 6.7% over the past three years; the assessed values of properties not in Sausalito grew by an average of 7.5%.
PARCEL TAX The District is an independent special district established by the Marin County Board of Supervisors in July of 1999. The District was formed by the merger of the Alto-Richardson Fire Protection District and the Tamalpais Fire Protection District.
Annually, the District establishes a Special Tax rate. The authority for establishing this tax rate came from the Tamalpais Fire Protection District, Ordinance No. 15; and the Alto Richardson Bay Fire Protection District, Resolution 96-97-1.
Pursuant to the provisions of Section 53978 of the California Government Code, the Board sets a tax rate for the Special Tax on the improved and unimproved property located within this District. The current tax rate on improved and unimproved property is at the maximum that can be assessed by the foundational governing body documents:
a) A special tax is imposed on each unimproved parcel in the sum of $45.00. The term “unimproved parcel” does not include any property submerged by the waters of San Francisco Bay.
b) A special tax is imposed upon improved residential property in Zone #9 (formerly the Alto Richardson Bay Fire Protection District) at the rate of $90.00 per living unit. A special tax is imposed upon improved residential property in Zone #4 (formerly Tamalpais Fire Protection District) at the rate of $90.00 thereof used and/or designed exclusively by one family as the phrase “family” is defined in Chapter 22.02 of the Marin County Code.
c) A special tax is imposed upon improved business property at the rate of $.12 per square foot of structural improvement.
d) A two dollar ($2.00) collection fee as charged by the County of Marin to each parcel.
On June 26, 2012, the City of Sausalito Fire Department was annexed into the District. There is no special tax imposed on the properties within the City of Sausalito. The accompanying graph depicts the amount of Special Tax imposed and received annually by the District.
RECONCILIATION The Parcel Tax listing provided by District was reconciled parcel by parcel with the 2016 Assessor’s roll. The only parcels not contained in the listing provided by District were parcels located within the city limits of the City of Sausalito. The parcel listing seemed complete.
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Southern Marin Fire Protect ion District - SPECIAL ASSESSMENT O<>w~loa.d o,n u~tfflon04· 1li2017
The Parcel Tax listing provided by District was filtered for all properties not assessed with a Parcel Tax. There are 341 parcels not being assessed. Of the 341 parcels, 324 parcels appear to be owned by units of federal, state or local government, and religious orders:
AGENCY / RELIGIOUS GROUP
STATE OF CALIFORNIA MILL VALLEY SCHOOL DISTRICT
CONGREGATION KOL SHOFAR PRESBYTERY OF THE REDWOODS
COUNTY OF MARIN REED UNION ELEM SCH DIST
HOMESTEAD VALLEY LAND TRUST RICHARDSON BAY SANITARY DISTRICT
HOUSING AUTH OF CO OF MARIN SISTERS OF MERCY
ISLAMIC CENTER OF MILL VAL SOUTHERN MARIN FIRE PROTECTION DISTRICT
JEHOVAHS WITNESSES MV CONGREGATION STRAWBERRY RECREATION DISTRICT
MARIN CITY COUNCIL INC TAMALPAIS COMMUNITY SERV DIST
MARIN CO FLD CNTRL&WTR CONS DIST TAMALPAIS VLY SANITARY DISTRICT
MARIN COUNTY THURMOND NICHOLAS D /TR/ &
MARIN COUNTY OPEN SPACE DIST TIBURON TOWN OF
MARIN MUNICIPAL WATER DISTRICT TRUSTEES OF M V SCHOOL DIST
There are 17 parcels with owners other than units of federal, state and local governments, or religious orders.
Parcel Use Address Owner
048-023-11 10 4 MADRONE PARK CIR AFFONSO BARBARA
043-181-25 10 HARBOR COVE WAY BUSHMAN RONALD & SYDNEY REVOC TRUST
043-181-21 10 313 E STRAWBERRY DR DOODY JAMES M JR /TR/ &
043-233-15 10 313 E STRAWBERRY DR DOODY JAMES M JR /TR/ &
043-233-16 10 313 E STRAWBERRY DR DOODY JAMES M JR /TR/ &
043-233-17 10 313 E STRAWBERRY DR DOODY JAMES M JR /TR/ &
050-242-26 20 402 SPRUCE ST FIGONE JOSEPH
048-211-61 10 42 MORNING SUN AVE HEYDEL ROLF TR ETAL
048-211-62 11 42 MORNING SUN AVE HEYDEL ROLF TR ETAL
049-042-01 10 500 BLOCK OF BROWNING CT PORTAGE LLC C/O STEVEN PETERS PO BOX 825 MILL VALLEY CA
049-044-07 10 500 BLOCK OF BROWNING CT PORTAGE LLC C/O STEVEN PETERS PO BOX 825 MILL VALLEY CA
049-044-08 10 500 BLOCK OF BROWNING CT PORTAGE LLC C/O STEVEN PETERS PO BOX 825 MILL VALLEY CA
038-351-30 10 200 BLOCK OF BLACKFIELD DRIVE THURMOND NICHOLAS D /TR/ &
038-400-13 11 66 REED RANCH RD WEBB JEFFREY M &
043-142-24 11 70 HARBOR COVE WAY WIBORG JANE S /TR/
050-242-24 20 413 SHORELINE HWY WIENER MARTI B TR ETAL (SHORELINE TRUST)
After review of the foundational Ordinance and Resolution of the Alto-Richardson Fire Protection District and the Tamalpais Fire Protection District, the District should research if tax-exempt parcels are indeed tax-exempt, and assess them accordingly.
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
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OTHER REVENUES The District receives significant revenues from other revenue sources.
Several of these sources are highlighted below:
GGNRA CONTRACT REVENUE In October of 2010 the District signed a contract with the National Park Service to provide services to the Marin Headlands and Fort Baker areas of the Golden Gate National Recreation Area. Currently the District receives approximately $345K annually. The District did not add any additional personnel to provide this service, and would not require any less personnel if the contract was abrogated. This contract expires in 2020 and could be renegotiated for a term of 1-10 years and therefore should not be considered as long-term contributions to operating income.
AMBULANCE SERVICES (SMEMPS) The Southern Marin Emergency Medical Paramedic System (SMEMPS) was organized under a Joint Powers Agreement in December 1979 between the City of Belvedere, City of Mill Valley, City of Sausalito, Alto-Richardson Bay Fire Protection District, Tamalpais Fire Protection District, Tiburon Fire Protection District, and the County of Marin for establishing, operating and maintaining an emergency medical care-paramedic program in Southern Marin County. The System’s service delivery is provided by personnel of member agencies using System emergency vehicles, paramedic equipment and supplies. Accordingly, the system reports reimbursements and payments for services to member agencies and no expenses for salaries, benefits, compensated absences or retirement costs other than for one part-time administrative employee.
The following table depicts the annual SMEMPS receipts to the District
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NHA I ADVISORS Strategy. Innovation. Solutions.
Am bu lance Service'i (SMEMPS)
CELL SITE RENTAL • OVERTI ME REIMBURSEMENTS
• Pt.AN FEES a ccNRA • GENERA L REVENUE
SAUSALITO OPEB REIMBURSEMENT
WORKERS' COMP REIMBURSEMENTS
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The District should consider conducting a cost analysis of the expenses for its personnel providing service delivery. The difference between the cost of service delivery and the amounts reimbursed/payments for services would identify the amount of subsidy (if any) is coming from the District’s primary revenue sources.
CELL SITE RENTAL The District hosts tower and antennae sites on its property and buildings. The tower or antennae rent is typically derived from a portion of the building or property useful for no other purpose. The monthly rent is additive and generates over $100 thousand annually, not an insignificant amount to operating income.
There are material upside benefits from maintaining an aggressive leasing approach with cell service providers to capture and protect the current economic value of the cell site while enabling future income potential from upside revenue opportunities.
The District could possibly increase cell tower lease revenues by contracting with a cell tower consultant to evaluate: new wireless leases; extensions to existing leases; expansions to existing leases; lease buyouts (individual or portfolio); lease renegotiations; lease valuations; lease audits (including financial and physical audits); review of master lease or marketing proposals; and review of offers to purchase towers.
OVERTIME REIMBURSEMENTS The State of California, Office of Emergency Services (OES) is party to an agreement titled “Agreement for Local Government Fire Suppression Assistance to Forest Agencies” or commonly referred to as the “California Fire Assistance Agreement” (CFAA). OES and/or various local government jurisdictions have such emergency apparatus and personnel, which may be available, in the spirit of cooperation, for dispatch and use through the State Fire and Rescue Mutual Aid System. OES and/or local government
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Account Type
Ambulance Services (SMEMPS)
Total
Southern Marin Fire Protection District -Ambulance Services {SMEMPS)
Downloa d generated on 0 4111 /2017
2010-11 Actual 2011-12 Actual 2012-13 Actual 2013-14 Actual
$ 296,064 $ 269,488 $ 374,448 $ 405,166
$ 296,064 $ 269,488 $ 374,448 $ 405,166
An nua l Lease Income w ith Bette r Negot iated Rent
2014-15 Actual
$ 521,187
$ 521,187
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2015-16 Budget
$ 484 ,039
$ 484,039
Page 20
jurisdictions are called upon to assist Federal Forest Agencies as well as the California Department of Forestry and Fire Protection (Cal Fire) in providing wildland and/or structural protection for severe wildfire conditions. The Southern Marin Fire Protection District aids, through personnel and apparatus, when requested. When an agency responds personnel and/or apparatus, they are referred to as "Strike Teams"
In return for responses, the State reimburses the District for personnel and equipment costs, at rates which are determined on an annual basis. Equipment reimbursement rates are established pursuant to Section 420 of the Disaster Relief Act, PL 93-288, by the Federal Emergency Management Agency. Personnel reimbursements are determined manually when staff completes a survey of Average Actual Rates for OES. Personnel reimbursements are reimbursed at 1.5 times the average actual rate (to compensate for overtime), and worker's compensation is also reimbursed at the rate staff submits. OES also reimburses for personnel and engine surcharges in accordance with a rate set annually by the California Fire Assistance Agreement Committee.
Since these revenues are direct offsets to operating expenses, it is appropriate for them to be included as Operating Revenues.
GENERAL REVENUES, CHARGES FOR SERVICES, PLAN FEES Recently, the Matrix Consulting Group analyzed the cost of service relationships that exist between fees for service activities associated with fire prevention, including sprinkler systems, fire alarm systems, vegetation management plan, state fire marshal inspections, California fire code permits, and occupancy inspections. The results of this Study provided the District a tool for understanding current service levels, the cost for providing those services, and what fees for service can and should be charged.
Overall, this Cost of Services Study concluded that the District under-recovered its fire prevention fee-related service costs by approximately $373,000 in FY15-16. The project team worked with District staff to compare fee-related annual revenue with approximate fee-related annual expenditures to assess cost recovery. As a result, this under-recovery equates to a cost recovery level of 21%. While the detailed documentation of the Study will show an over-collection for certain fees (on a per unit basis), and an undercharge for others, overall, the District is providing an annual subsidy to fee payers for all services included in the analysis.
The setting of the “rate” or “price” for services, whether at 100 percent full cost recovery or lower, is a policy decision to be made only by the Board, often with input from District staff and the community. Accordingly, the District is using this study as a basis for policy development discussions among Board members and District staff.
SAUSALITO OPEB REIMBURSEMENT On June 24, 2012, District annexed the City of Sausalito's fire department and acquired 15 new employees. The City of Sausalito has agreed to pay retiree health benefits for 6 of the 15 employees directly, and those employees have been excluded from this report. The remaining 9 employees are the obligation of District and have been included in this report to the extent they were in active service as of the valuation date. The City of Sausalito has agreed to pay District $58,000 per year for each of the next 30 years in consideration of the projected cost of retiree health benefits for those 9 employees. These revenues should not be considered operating revenues, and should be immediately transferred to a District irrevocable trust fund for OPEB liabilities.
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 21
WORKERS' COMP REIMB In California, Labor Code 4850 provides police officers, firefighters, and other designated public safety employees with their full salary, tax-free, for up to one year following a work-related injury. The District insures for Worker’s Compensation claims and receives reimbursements from the insurance company for continuation payments made to firefighters. Since this is a direct offset of operating expenses, the income is reported as operating income.
EXPENDITURE STRUCTURE The basic mission of the Fire District is to manage risk from fire and injury to property and persons. The District’s mission is carried out using three basic strategies: 1) education and awareness; 2) fire code and code enforcement; 3) operational deployment / mitigation.
In 2016, to assist the District in an assessment of its current deployment model to manage these risks, the District contracted the services of CityGate Associates, LLC to conduct a deployment analysis. The deployment analysis concluded that the current operational deployment model “is currently meeting some” of its needs but the current deployment system “does not fully meet the District’s risks to be protected”.[1]
The report also noted under-staffing in the administrative levels of the organization. The report further noted the Consultant’s recommendation that the District should seek additional revenue streams to address these shortcomings.
Personnel costs are approximately 88% of operating expense and that is typical for most fire departments.
[1] CityGate Associates, LLC. Fire and Emergency Services Deployment Analysis, Southern Marin Fire Protection District, CA. Volume 1 of 2 – Executive Summary. September 22, 2016. P.1.
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Page 22
Salaries and wages are approximately 55% of total compensation costs. Pension costs have grown slightly from 34% to 38% of all employee benefits.
Pension costs have grown slightly from 34% to 38% of all employee benefits.
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The current fire department deployment model was recently analyzed by CityGate Associates, LLC in a deployment analysis. The report analyzes threats, risks and incident volumes, with response times and incident outcomes, and determines the agencies effectiveness. The report concluded that the current number of fire stations, its staffing levels, and the deployment model, are adequate for meeting most of the needs of the District, though they add a recommendation to increase staffing at Station 4 by one firefighter per shift.
Overall our current staffing model is effective, but effectiveness comes at a cost. Fire suppression, Rescue and Medical incidents are labor-intensive. The National Fire Protection Association's (NFPA) Standard 1710, the nationally recognized standard for fire department operations, calls for a minimum of 17 firefighters to suppress a house fire. That number can double in areas where homes are closer together. The Fire Districts on duty strength is fifteen. This staffing level is augmented through the use of mutual aid.
The current staffing model for the District does not fully meet the NFPA 1710 standard, but is achieved through the use of mutual aid.
COUNTY ACCOUNTING Marin County provides general ledger accounting for the District. NHS reconciled the County accounting to the District’s records and uploaded the District’s Balance Sheets to the Opengov platform.
40
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Housing Units 111,990 % Elderly 18.8% 45% Vacant Housing Units 7.4% 16Median Household Value of Owner Occupied Units 815,100$ 58% Housing Units - 1-unit, detached 62.5% 12% Housing Units - Mobile homes 1.5% 4% Housing Units - Boat, RV, van, etc. 0.4% 51% Housing Units - Built 1980 or later 22.4% 2% Occupied Housing Units - Electricity, Utility gas or Solar 93.9% 47% Unemployed 5.7% 1% Poverty 4.9% 3Mean Household Income 93,257$ 56Per Capita Income 60,236$ 58% with Bachelor Degree or higher 55.8% 58
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NHS analyzed various social-demographic-economic indicators for all California counties attempting to quantify the risk for conflagration, the capacity for revenue generation, and the appetite to vote for more additional revenue sources. The social-demographic-economic data was obtained from the 2015 American Community Survey (ACS).
FISCAL INDICATORS
Southern Marin Fire Protection District, Marin County, CalifoIndicator
(General and Special Revenue Funds)Revenues 14,038,195
Property Taxes 11,500,351 Expenditures 13,892,263
Salaries 6,435,878 Benefits 5,167,552
Fund Balance 7,676,914 Surplus / Deficit Ratio 101.1% 195Expenditures as % of Fund Balance 181.0% 355Salaries as % of Compensation 55.5% 84Compensation as % of Total Expenditures 83.5% 462Ratio of Property Tax Revenues to Total Revenue 81.9% 369
The above fiscal indicators were generated from the State Controller’s Office, Annual Financial Report of local government finances.
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NHA f ADVISORS Strategy . Innovat ion. Solut ions.
Staff Reports
43
EMPLOYEE RECOGNITION
This month the Fire Chief is attending his second In Residence (IR) for the Naval Post Graduate School Masters Program. During his absence, Battalion Chief Matt Barnes has been assigned as Acting Fire Chief.
FINANCIAL / BUDGET
Final Budget Before the Board tonight will be a resolution to approve the final 2017/2018 Budget as required by State law. Finance Manger Schiffmann will summarize the amendments to the preliminary budget that are found in the final budget we are seeking approval for.
Revenue Study This month NHA Advisors presented their final report to the Finance Committee. NHA Advisors will be doing a presentation of their report and findings to the Board tonight.
PLANNING
2017 Urban Shield Urban Shield, the annual Bay Area Training Exercise involving Fire, EMS, Law Enforcement and other government agencies, occurred on September 7-11, 2017. The Southern Marin Fire District has participated in this federally funded training event for multiple years, including a competitive element where teams compete during specific events. The past two years the District has competed in the Fire Marine element.
On Monday, September 11, 2017, Chief Tubbs, Captain Bouchard, FF/Eng Fox, and their significant others, attended the Urban Shield Dinner at the Alameda Fairgrounds. This year the Southern Marin Fire District placed Second in the Maritime event, missing first place by two tenths of one percent.
PROJECTS & INITIATIVES
Port Security Grant This month we received notification of Grant Applications that were approved under the UASI Port Security Grant Program. We recently learned that our application was approved.
Southern Marin Fire Protection District Board Report – Chief’s Report
44
The application is for the replacement of Fireboat Liberty. The total projected cost of the new boat is expected to be $xxx. The terms of the grant require a split in cost sharing of xx. The Award for the grant is in the amount of $734,522, resulting in an anticipated cost share from the District of $250K. We have not yet received notification of when the Award Money will be deposited but the current updated budget before the Board tonight, has been amended to include the grant revenue and District share. Mill Valley City Council / Shared Services On September 5, 2017 Fire Chief Tom Welch (Mill Valley Fire) presented a Shared Services Report to the City Council. Fire Chief Tubbs and Director Chun were in attendance. I would characterize the meeting as disappointing. No decision to meet with the SMFD Board was made but was deferred. The City Manager was directed to work with the Fire Chief to narrow the scope of what the meeting would discuss. This will be brought back to the City Council for review and possible approval. Vegetation Management Battalion Chief Scott Barnes Reported:
• SOM received a PG&E fuel reduction grant through FIRESafe Marin and a total of 8 streets have been cleared of encroaching vegetation.
• Weed abatements are still being performed • Coordinating a future chipper/fuel reduction project with Wolfback Ridge homeowners • In early talks to hold an evacuation drill in Tam Valley. More information to follow • New replacement “Red Flag Warning” sign installed on Shoreline. Still working on getting
approval to install signs in Sausalito • In early talks with HOA on Walsh Drive to become a Firewise Community.
Reserve Ladder Truck Chief Tubbs received an updated draft MOU from San Rafael. We had County Counsel review the new draft. The County Counsel recommended a few changes which were format and clarity in content, nothing substantive. We forwarded those recommendations to San Rafael and they are currently reviewing and updating the draft MOU. Social Media & Communications Our Social Media continues to be highly active. The following are update metrics to each of our three platforms. Facebook Followers: 1424 - (increase of 23) Total post: 34 – (16 pictures, 13 Videos, 6 links). Total number of people reached: 34,006
45
Total video views: 4,200 – (Total time spent watching our videos 1,200 minutes or 20 hours) Instagram Followers: 678 – (increase of 129) Total posts: 27 – (15 pics, 12 Videos) Total video views: 12,432 Total posts likes: 872 Twitter Followers: 654 – (increase of 45) Total posts: 23 21 re-tweets 64 likes. Replacement of Rescue 9 Rescue 9 specifications were submitted to Pierce Mfg. The Contract was signed and funding forwarded to Pierce. We do not yet have the production schedule but the vehicle is in the que. We will provide regular updates to the Board. Replacement of Ladder Truck Captain Martinez and his specification committee have continued to work aggressively on completing the specification process of the new ladder truck. We anticipate finalizing those specifications in the near future and will return to the Board for a final review and approval for purchase. We are expecting to hear any day, that our new Type III has hit production and is beginning construction. The production period for this truck is less than one year. COMMUNITY EVENTS Sausalito Art Festival This year’s Art Festival occurred on September 2-4. This event originated 60 years ago and is a popular annual event. The Fire District’s Prevention Staff were highly engaged in the planning of this annual event. Primarily this includes ensuring that all vendor booths are compliant with the adopted fire code so that patrons and vendors alike, can be assured of a safe event. By all accounts the event was another successful event.
46
LABOR Battalion Chief MOU & Administrative Staff Labor Agreement This month the Battalion Chiefs communicated their tentative acceptance of the District’s wage and benefit offer. There has also been tentative agreement on Acting Fire Chief and the 40 hour / week Battalion Chief language. Currently the group is working on evaluating the changes to the MOU language and anticipate that we ae close to a final tentative MOU. Chief Tubbs provided additional information to the Negotiation Committee with respect to the Administrative Staff Employment Agreements. The Negotiating Team met and provided Chief Tubbs with additional direction. Before the Board tonight are both agreements. The Fire Chief is seeking approval and ratification of the two agreements. Worker’s Comp. As of the writing of this report, we have three employees out on Worker’s Comp. Tim Pratt. He is scheduled to wok light duty effective Dave Lloyd. He is scheduled to work light duty effective Susan Kim. Susan is still out on workers comp. COMMITTEE REPORTS Health & Wellness Committee Nothing to report this month. CERT Captain Paterson reported:
• SMFD CERT is gearing up to jointly host the CERT Basic training course in October. Talks underway with MV CERT to have a CERT Family picnic day dates TBD.
• Recently purchased supplies and equipment that can be used to house additional personnel at our firehouses should the need arise. Equipment purchased included sleeping bags and cots that will be stored in each of our three CERT trailers.
MERA Nothing to report. The MERA project continues to move forward. SMEMPS The Governing Board did not meet this month. The SMEMPS Chiefs met with Stu Gary of CityGate Associates and continued work on the final report of the deployment analysis. Note comments earlier about Rescue 9.
47
Training and Safety Committee Battalion Chief St. John Reported:
• Five SMFD probationary firefighters are on track to successfully complete their 18-month probation this month.
• Working towards shared services, the Training/Safety committee agreed to adopt the Southern Marin Training Manual for Mill Valley and build joint Task Books Developed a joint MLV/SOM Accident Review Team (ART) Policy. Draft Complete
Respectfully,
Chris Tubbs Chris Tubbs, Fire Chief Southern Marin Fire District
48
Operational Highlights
The months of August and September have been very busy with District activities such as Community Outreach, Special Operations Calls and calls for service.
Percentage of Calls for Each Zone within the Southern Marin Fire District Service Area for the Months of August / September
Vehicle Accident Response showed a decrease in responses this month as the District responded to 26 vehicle accidents that ranged from no injuries, to major injuries.
5 Year overview of Vehicle Accidents and Locations of Accidents
Southern Marin Fire Protection District Board Report – Operations August 2017 / September 2017
33%
17%
14%
Zone 1
Zone 9
Zone 4
49
leach
*
Mt Tamalpais $tate Park
% of Incidents per Zone
- GGB - Golden Gate Bridge, Vista Point
GGNRA - Golden Gate National Recreation Area
- MMWD - Marin Muninicpal Water District
- Outside Marin - Response to Outside Marin
XMB - Muir Beach
- XSB - Stinson Beach Zone 10 - Tiburon
- Zone 13 - Corte Madera East
('~ Madera
- Zone 15 - Larkspur - Zone 16 - Larkspur
Zone 9 - Strawberry /Alto Bowl area
- NPS - EAST - National Parks , East Ft Baker, (Not USCG)
NPS - West - GGNRA, Marin Headlands, Ft. Cronkhite , Ft. Barry
- Zone 5 - Homestead
- USCG - United States Coast Guard - Station or Docks
Paradise Cay
Muir Woo Nationa l
Monument
* Muir B
lley
%'* 6§ <'r Strawberry ..,,,,<?
Manzanita Tamalp omest e
v'alley
Marin City
*
@) El Campo
-a * ~ ~ Belveder,e ~
Tibu f 0 -::> OJ Q)
'<
Ang
S& Sta
0
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California Wildland Fires: During the months of July and August the District has seen a sustained wildland fire season. There are a total of 49 fires throughout the State of California that are being battled by National, State and Local firefighters. As of September 15, 2017 there have been a total of 6409 fires that have burned a total of 626,212 acres. One acre is approximately the size of one football field. To put the amount of land burned to date in perspective - that’s over 625,000 football fields that have burned to date! Financially, there has been over two billion dollars spent to mitigate these fires. Southern Marin Fire District resources have continually been deployed since early July, to various fires throughout the state, operating under the California Master Mutual Aid System and agreements.
• Engine 604 was deployed as part of a five engine Strike Team to the Pier fire in Tulare County from August 30th through September 14. All crews are home and doing well.
• Patrick Young was assigned as a Medical Unit Leader to a fire in the Klamath. All personnel are doing well and those that have returned reported back numerous lessons learned and an invaluable increase in experience that they have already been able to apply to their daily duties serving the District. San Francisco Line of Duty Death Support It is with deep sadness that I report the recent LODD of Battalion Chief Terry Smerdel of the San Francisco Fire Department. Chief Smerdel was a veteran battalion chief with the San Francisco Fire Department and was found unresponsive in his office Sunday after an early morning fire alarm call and was later pronounced dead. According to a news release from the department, Battalion Chief Terry Smerdel had been a member of the department since Oct. 15, 1991, and assigned to Battalion 9 since January. The release says Smerdel was working a shift at Battalion 1 and had returned from an alarm call before he was later found unresponsive by a co-worker. Advanced Life Support measures were immediately initiated. He was pronounced deceased surrounded by his fire department family and was later joined by the department's chaplain and the Smerdel family. The Southern Marin Fire District will be showing its support for Chief Smerdel and the San Francisco Fire Department by providing a Chief Officer and a assistant to lead a Task Force of two engines and one truck under the master mutual aide process to cover San Francisco Fire Stations during the funeral services on Tuesday September 19, 2017. Battalion One, Engine 9, with one additional Engine Company from Marin County and Novato Fire District’s Truck 62 will be assembled to make up the task force.
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Summary In the Fire Chief’s Vision document, it includes one key target area: 1) Culture and Professionalism. During the months of March/April our activities and investments have focused on achieving this vision. Specifically, we have continued to invest our energies in the following:
• A culture that strives to perform to the highest level of professional standards and practices • A safety minded workforce that continually strives to work as efficiently and safely as possible • A culture of instilling the mindset of “we” before “I”. • An organization that is on the leading edge of progression while learning from the past.
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Southern Marin Fire Protection District 308 Reed Blvd. Mill Valley, CA 94941 Phone 415 388-8182 Fax 415 388-8181
Logistics – September 2017 Battalion Chief Pasquale
PROJECTS
Facilities This month we experienced an issue with the air conditioning unit that controls the downstairs Sausalito Community/EOC room at Fire Station #1. Allied Heating and Air is currently fixing the issue with the problem anticipated to be fixed this week. Staff is happy to report there were no other moderate to major issues reported this month.
Apparatus: All apparatus with the exception of Truck 4 has completed their annual maintenance service at either Alameda County Fire Department or Diego Truck Repair. Truck 4 is currently receiving it’s annual service at Alameda County where no major issues have been reported and we are anticipating its return any day now. All other apparatus is currently in service.
Equipment Nothing to report this month. All equipment is currently in service.
Water Systems This month a new fire flow improvement project started on Laverne Ave. in Homestead Valley. We will not be adding any new hydrants to this system, but will be replacing six existing hydrant bodies with new modern hydrant bodies. As previously mentioned for fire flow projects we supply the hydrant bodies and the contractor for the water district installs the hydrants at no cost to the fire district.
COMMITTEES
Apparatus Specification Committees They new Type 3 (E-604) is scheduled to start production in late October or early November with a final inspection in mid December 2017. The projected total cost of this new fire apparatus with necessary equipment is $415,000.
The new Ladder Truck 4 is moving forward at a fast pace and we are hoping to have it in the queue as early as the end of the month.
The new Rescue 9 is moving forward with an approval packet scheduled to arrive October 24, 2017, production start date of April 2018, and final inspection in June 2018.
Staff would like to thank and recognize Capt. Mike Martinez, Engineer Pete Falk, and the other committee members for their tireless work in continuing to move these essential projects forward.
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Alternative Funding Staff would like to thank Finance Manager Schiffmann and Captain Bouchard for their hard work and dedication they put forth to write a successful Port Security grant for $734,522 for a new fireboat. To date this is one of the most successful grants the fire district has received and they should be congratulated for their efforts. Lastly, we continue to move forward with our partially funded grant of $4389.00 for a new Rescue Watercraft (RWC) from Urban Areas Security Initiative (UASI), and hope to purchase a new RWC in the coming weeks. SUMMARY As we move through this budget year we continue to move forward on existing projects, and start ones that have been placed on hold. We will continue to work towards our vision of supporting our personnel with state of the art facilities and equipment, and look forward to continuing to move us forward in the future. We continue to make great strides towards improving both of these areas with the help of our line staff, while remaining efficient with our funding and continuing to explore alternative funding opportunities. We are eager to continue moving forward with the remodel of Fire Station #4, take delivery of the new Wildland Type 3 fire engine, new Rescue 9, new Truck 4 and start specifications on a new Fireboat. These projects will help move us closer to achieving our vision and increasing the operating efficiency and safety for the members and citizens of the District.
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Southern Marin Fire Protection District
Board Report – Fire Prevention August 23, 2017
FIRE PREVENTION HIGHLIGHTS:
• Fire in Marin Class a Big Success!! On Sunday September 10th, the fire district alongwith Mill Valley Fire Department and Tiburon Fire District hosted a class at the Seminaryin Strawberry. The class was taught by Katherine Randolph and Deputy Fire MarshalHilliard covering topics on defensible space, vegetation management, how to evacuatewhen ordered to get out and finding resources to help you plan for disasters. We hadover 68 citizens from all three districts, several HOA’s and a fire district board member.Mailers were sent to all 14,500 home SMFD home owners and several social media adswere posted for the event. Lots of great interaction from the audience members, whichengaged the crowd looking for information on key topics. Katherine did a fantastic jobwith her presentation and is hoping to present another class in the fall of 2018.Katherine volunteers all her time for these classes with constant updates of the materialfor accuracy. She volunteers in many different groups in the county is a current memberof CERT.
• Updated Seminary project information – This month we received new information fromThe County of Marin for North Coast Land Holdings, LLC (NCLH). NCLH submitted anapplication for alternative development and use plan for the old Golden Gate BaptistTheological Seminary. The project alternative for the Seminary Precise DevelopmentPlan (PDP) was in response to neighboring concerns to the previous proposed project.The project alternative limits the academic use to the existing academic facilities with noadditional academic facilities built as allowed in the Master Plan with the exception of anapproved community Gymnasium moved to the existing parking lot on Shuck Drive; itredevelops the existing residential housing areas; it adds a Continuing Care RetirementCommunity (CCRC) that will address an acute need for the aging demographic in MarinCounty; it adds a community-based athletic facility; it converts the planned expansion ofthe academic buildings into single-family housing along the western edge of the site;and it creates additional open space for the community.
Compete project plans and documents can be found at:http://www.marincounty.org/depts/cd/divisions/planning/projects/alto-strawberry/north-coast-land-holdings-llc_mp_dp_tr_up_15_343_mv
• The 2016/17 report is finalized and the net change is $1.7 million better than budgeted: Revenueswere $1.03 million higher than budgeted, and expenditures were $702,000 less than budgeted.The reasons for the revenue budget variances are illustrated below:
• We project being able to contribute up to $1.6M to unallocated reserves for 2016/17, whichwould put the District at 113% of our goal. The reserve contribution will be determined after the2017/18 Budget is revised.
Southern Marin Fire Protection District Board Report – Finance Report
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OT REIMBURSEMENTS
2016/17 Revenues Over/(Under) Budget
GGN_Bk"'
16,806
PROPEHTYTAX 2511.878-
GRANT FUNDS CERT PROGRAM 58,259
22,500
SPECIA L ASSESSMENT
lr O
2. 2017/18 Budget: Expenditures are at 18% of 20% as of September 14, 2017.
3. Other Post-Employment Benefits (OPEB) Trust:
SMFD’s OPEB Trust balance as of 7/31/17 is $2,932,913, reflecting an investment increase of 49,444 in June/July plus a $75,000 contribution made in June. Thank you, Alyssa Schiffmann, Finance Manager
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SMFDBalance Sheet
Sept 14, 2017 August 17, 2017ASSETS
Checking/Savings74900 · Operating Fund - County 4,013,853 4,719,746Capital Replacement Fund 2,157,500 2,157,500Unallocated Reserves 712,753 712,753447 · Payroll - B of A 447 435,667 164,78411000 · Prevention Fees Paypal 5,815 5,225
Total Checking/Savings 7,325,587 7,760,008
Other Current AssetsAccounts Receiveable 119,981 472,997Loan Receiveable 163 6,874Undeposited Funds 0 59,381Deferred Outflows 3,762,824 3,762,824Prepaid Expenses 0 -20
Long Term LiabilitiesOPEB OBLIGATION 121,887 121,887DEFERRED INFLOWS 1,433,522 1,433,522NET PENSION LIABILITY 6,033,143 6,033,143COMPENSATED ABSENCES 755,094 755,094
Total Long Term Liabilities 8,343,646 8,343,646
Total Liabilities 8,436,488 8,442,518Equity
AMOUNT TO BE PROVIDED -876,981 -876,981AMOUNT TO BE PROVIDED - PENSION -3,703,841 -3,703,841FIXED ASSET FUND 2,404,737 2,404,737FUND BALANCE 11,622,719 11,632,013NET REVENUE -2,819,830 -1,981,645
07/27/17 ASAP DES:GRANT PAY ID:072617H0000342 INDN:SMFD co ID:9051036803 CTX ADDITIONAL INFORMATION IS AVAILABLE FOR THIS PMT. CONTACT A TREASURY SALES OFFICER FOR ASSISTANCE.
07/27/ 17 ASAP DES:GRANT PAY ID:072617H0000342 INDN:SMFD co 10:9051036803 CTI< ADDITIONAL INFORMATION IS AVAILABLE FOR THIS PMT. CONTACT A TREASURY SALES OFFICER FOR ASSISTANCE.
08/02/17 TMobileUSA PMD DES:PAYMENT ID:XXXXXXXXXX20170 INDN:SouthernMari.Receivabl CO 10:7010532275 CCD
Total Depos its and Credits 229,877.25 229 ,877.25
Tota l New Transact ions -91,171.38 -91,171.38
Ending Balance 420,249.70 568,502. 43
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Committee Reports
Verbal
79
New Business
80
New Business Item - Staff Report
Date September 12, 2017
Topic NHA Advisors Contract.
Recommendation Direct Fire Chief to enter into and execute a consulting agreement with NHA Advisors.
Summary In 2015 the Southern Marin Fire District adopted a new Vision Statement & Document which included:
I envision a future where the economic resiliency of the organization is sound and built to weather the ebbs and flows of economic cycles.
In 2016 the Fire District contracted with CityGate Associates, LLC. to conduct a Deployment Analysis for the Fire District. The analysis identifies and measures the risks within a community, then assess that risk alongside the resources dedicated to manage those risks. The study resulted in several conclusions and recommendations. Some of those key findings include:
• “The District struggles to balance needs against available resources.”• “The District should consider identifying the additional resources to slightly
increase daily staffing.”• “The District currently meets some, but not all of its needs through its own fire
response resources.”• “The Districts deployment system does not completely meet the District’s risks to
be protected.”
In 2017 NHA Advisors recently completed a Fiscal Analysis of the District. There are a number of key findings and recommendations. They include:
Southern Marin Fire Protection District
Board of Directors Cathryn Hilliard, President
Thomas Perazzo, Vice President Stephen Willis - Dan St. John – Kurt Chun – Christine Waldeck – Peter Fleming
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• The current fiscal model is not sustainable long-term. • The current fiscal model relies on some revenue streams that may / will
significantly decrease or evaporate. • In approximately five to six years, the District will need to tap into reserve funds to
sustain current operations. Over the past two and a half years the District has implemented a variety of economic programs and initiatives designed to move the District towards fulfilling this vision. To date these have all been on the expenditure side of the equation. They have included pension and OPEB reforms, as well as other expenditure initiatives. Approximately 87% of the District’s budget is for staffing. Our Mission as a public service is heavily reliant on people and as a result, it is the largest component of our budget. The economic recession of 2008 forced the Fire District to reduce staffing in a number of areas due to the lack of funding. The District has operated with limited administrative staff resources since that time and this is quickly becoming unsustainable. In 2016 NHA Advisors were contracted to conduct a fiscal analysis of the District. This report has been completed. The Finance Committee has received this report and a presentation is being done for the full Board tonight. The analysis notes that our current operational model is not sustainable long term. This means the Board must look at service reductions (expenditures) or implement new funding mechanisms (revenue). The Fire District has and continues to implement expenditure controls to contain and manage costs. This alone however, will not address the structural issue that challenges the Fire District’s long term financial needs. The Fire District must either consider service level reductions, or increase revenues. To date there has been no appetite in the community or by the Board, to entertain service level reductions. In fact, in our recent deployment analysis it was noted that staffing levels were lower than what the consultant recommended. As a result of NHA’s 2017 analysis and our 2016 Deployment Analysis, and at the recommendation of the Finance Committee, the Fire Chief is recommending that we enter into a new agreement with NHA to explore potential revenue streams.
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Financial Impacts The proposed agreement with NHA would not exceed $35K. Options 1. Direct Fire Chief to not enter into an agreement with NHA. Provide additional
direction to the Fire Chief. Approved By
Attachments: 1. NHA Advisors/SMFD contract
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 1 of 10
CONTRACT BETWEEN THE SOUTHERN MARIN FIRE PROTECTION DISTRICT AND
NHA ADVISORS, LLC
THIS AGREEMENT is made and entered into this __th day of August, 2017, by and between the Southern Marin Fire Protection District (hereinafter “District”) and NHA Advisors, LLC (hereinafter “Consultant”).
Recitals
WHEREAS, District is a municipal corporation that needs certain consulting services related to the financial health of the District and potential revenue sources as more specifically set forth hereafter; and WHEREAS, Consultant has agreed to perform these services for District under the terms and conditions set forth in this Agreement.
Agreement
NOW, THEREFORE, the parties hereby agree as follows:
1. Services The Consultant shall provide (summary of services provided) as more specifically set forth in Exhibit A.
2. Compensation
For the full performance of the services by Consultant, District shall pay Consultant an amount not to exceed $35,000 as more specifically set forth in Exhibit B.
3. Term
This Agreement shall be in effect until the proposed services have been completed or unless terminated as set forth in Paragraph 17 below.
4. Contractual Relationship
For the purposes and duration of this Agreement, Consultant, its officers, agents and employees shall act in the capacity of an Independent Consultant, and not as employees or an agent of the District for any purpose, and neither Consultant nor any employees of Consultant are entitled to any of the benefits that District provides for District’s employees. It is understood that District does not agree to use Consultant exclusively. It is further understood that Consultant is free to contract for similar services to be performed for other cities, persons or entities while it is under contract with District. Consultant shall be fully responsible for all income, social security or other taxes or deductions, including but not limited to worker’s compensation and unemployment deductions, relating to the services it performs for District. District is
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 2 of 10
interested only in the results to be achieved, and the conduct and control of the work will lie solely with Consultant.
5. Ownership of Documents Any written documents and materials prepared by Consultant in connection with the performance of its duties under this Agreement shall be the sole property of District.
6. Assignability
Neither party shall assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
7. Insurance
During the term of this Agreement, Consultant shall maintain, at no expense to District, the following insurance policies: A. Commercial General Liability:
The Consultant shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). The District shall be named as an additional insured on the commercial general liability policy.
B. Commercial Automobile Liability:
Where the services to be provided under this Agreement involve or require the use of any type of vehicle by Consultant, Consultant shall provide comprehensive business or commercial automobile liability coverage, including non-owned and hired automobile liability, in the amount of $1,000,000.
C. Workers’ Compensation: The Consultant acknowledges the State of California requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Consultant has employees, a copy of the certificate evidencing such insurance, a letter of self-insurance, or a copy of the Certificate of Consent to Self-Insure shall be provided to District prior to commencement of work.
D. Errors and Omissions, Professional Liability or Malpractice Insurance.
Consultant may be required to carry errors and omissions, professional liability or malpractice insurance. All policies shall remain in force through the life of this Agreement and shall be payable on a "per occurrence" basis unless District specifically consents to a "claims made" basis. The insurer shall supply District adequate proof of insurance and/or a certificate of insurance evidencing coverages and limits prior to
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 3 of 10
commencement of work. Should any of the required insurance policies in this Agreement be cancelled or non-renewed, it is the Consultant’s duty to notify the District immediately upon receipt of the notice of cancellation or non-renewal. Failure to provide and maintain the insurance required by this Agreement will constitute a material breach of this Agreement. In addition to any other available remedies, District may suspend payment to the Consultant for any services provided during any time that insurance was not in effect and until such time as the Consultant provides adequate evidence that Consultant has obtained the required coverage.
8. Notices
All notices and other communications required or permitted to be given under this Agreement, shall be in writing and shall be directed to:
To District:
Christian Tubbs, Fire Chief Southern Marin Fire District 308 Reed Blvd. Mill Valley, CA 94941
To Consultant:
Craig Hill, Principal NHA Advisors, LLC 4040 Civic Center Drive, Suite 200 San Rafael, CA 94903
Or at such other address as each party shall give the other in writing from time to time, and notices shall be deemed received at the time of personal delivery or three (3) working days after being placed in the United State Mail, postage prepaid, certified mail, return receipt requested.
9. Licensing The Consultant shall maintain the appropriate licenses through the life of this Agreement.
10. Indemnification
Consultant shall indemnify, release, defense and hold harmless District, its officers and employees against any claim, demand, suit, judgment, loss, liability, or expense of any kind, including reasonable attorneys’ fees, to the extent arising out of or resulting in any way, from any willful misconduct, intentional acts or omissions, or negligent acts or omissions of Consultant or Consultant’s officers, agents or employees in the performance of their duties and obligations under this Agreement.
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 4 of 10
11. Nondiscrimination Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, sexual orientation, color, religion, ancestry, national original or disability in connection with or related to the performance of its duties and obligations under this Agreement.
12. Governing Law This Agreement shall be governed by the laws of the State of California. Venue shall be in the County of Marin.
13. Attorney’s Fees In the event of legal action by one party against the other relating to this contract, the prevailing party shall be entitled to reasonable attorney’s fees and costs as allowed by the Court.
14. Entire Agreement The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This Agreement shall supersede any and all prior amendments, oral or written, regarding the subject matter of this Agreement.
15. Amendments
The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by Consultant and the District.
16. Compliance with all Laws
Consultant shall observe and comply with all applicable Federal, State and local laws, ordinances, codes and regulations in the performance of its duties and obligations under this Agreement. Consultant shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Consultant shall indemnify and hold harmless District, its officers, agents, and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.
17. Termination Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party’s failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of receipt of said notice. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without prior written consent of the other party.
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 5 of 10
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Southern Marin Fire Protection District NHA Advisors, LLC ____________________________ ______________________________ Christian Tubbs, Fire Chief Craig Hill, Managing Principal Approved as to Form: ____________________________ Brian Case, Attorney for District
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 6 of 10
EXHIBIT A SCOPE OF SERVICE
Conceptual Review, High Level Analysis and Recommendations – This initial stage is key to starting down the right track for funding any project. Although there may be multiple ways of reaching an intended goal, many considerations must be taken into account when beginning the process of building a financing strategy and program. • Assessment of funding need:
o What existing resources exist from the District? (existing reserves, annual dedicated revenues sources, donations, other community contributions)
o What are the capital needs for the identified projects? (one-time project costs for new, replacement or repairs to existing facilities)
o Operational costs On-going operational program costs On-going maintenance costs
• Assessment of existing financing specifics: o Outstanding District obligations o Property base – What is total District boundary (both number of parcel types as well
as assessed values) • Assessment of financing mechanisms:
o Identify initial tax impact for general obligation bond o Analyze revenue generate available from special tax for both capital and operations o Calculate initial assessment levy for assessment bond o Evaluate non-voter approved financing options
• High-Level analysis and property impact o Calculate multiple scenarios for initial tax impact under financing mechanisms
identified above o MOST IMPORTANT – What is the initial magnitude of the tax or assessment on these
parcels? We consider this to be the key question that needs to be answered early to
know whether there is a viable project and financing strategy available. If the tax is $1,000 per year to a homeowner, there most likely will not be a good reason to continue the process. Knowing this early will save time and money.
• Presentation to the Board and other community groups (as requested) o Conceptual review and recommendations for funding o Process for next steps if initial information is deemed conclusive
• Election Assistance o In the event the District directs staff and Consultant to initial a voter-approved
revenue measure, Consultant will work with District staff and other consultants to provide educational materials and objective analysis for discussion or dissemination by stakeholder groups or other community representatives.
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 7 of 10
EXHIBIT B COMPENSATION
Compensation and Out-of-Pocket Expenses Compensation for the municipal advisory activities to be performed for this engagement will be billed hourly based on the Scope of Services discussed above and charged at the following rates:
Staff Allocation
Hourly Rate
Principal $275 Vice President $225 Associate $175 Consultant $125 Administrative $ 75
Budget - Proposed budget for the Scope of Services, without further approval from the District, described above is $35,000.
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 8 of 10
EXHIBIT C CONSULTING DISCLOSURE
Fiduciary Duty NHA Advisors, LLC is registered as a Municipal Advisor with the SEC and Municipal Securities Rulemaking Board (“MSRB”). As such, NHA Advisors, LLC has a Fiduciary duty to the District and must provide both a Duty of Care and a Duty of Loyalty that entails the following. Duty of Care:
a) exercise due care in performing its municipal advisory activities; b) possess the degree of knowledge and expertise needed to provide the District with
informed advice; c) make a reasonable inquiry as to the facts that are relevant to the District’s determination
as to whether to proceed with a course of action or that form the basis for any advice provided to the District and
d) undertake a reasonable investigation to determine that NHA Advisors, LLC is not forming any recommendation on materially inaccurate or incomplete information; NHA Advisors, LLC must have a reasonable basis for:
i. any advice provided to or on behalf of the District; ii. any representations made in a certificate that it signs that will be reasonably
foreseeably relied upon by the District, any other party involved in the municipal securities transaction or municipal financial product, or investors in District securities; and
iii. any information provided to the District or other parties involved in the municipal securities transaction in connection with the preparation of an official statement.
Duty of Loyalty: NHA Advisors, LLC must deal honestly and with the utmost good faith with the District and act in the District’s best interests without regard to the financial or other interests of NHA Advisors, LLC. NHA Advisors, LLC will eliminate or provide full and fair disclosure (included herein) to Issuer about each material conflict of interest (as applicable). NHA Advisors, LLC will not engage in municipal advisory activities with the District as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in the District’s best interests. Conflicts of Interest and Other Matters Requiring Disclosures
• As of the date of the Agreement, there are no actual or potential conflicts of interest that NHA Advisors, LLC is aware of that might impair its ability to render unbiased and competent advice or to fulfill its fiduciary duty. If NHA Advisors, LLC becomes aware of any potential conflict of interest that arise after this disclosure, NHA Advisors, LLC will disclose the detailed information in writing to the District in a timely manner.
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Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 9 of 10
• The fee paid to NHA Advisors, LLC increases the cost of investment to the District. The increased cost occurs from compensating NHA Advisors, LLC for municipal advisory services provided.
• NHA Advisors, LLC does not act as principal in any of the transaction(s) related to this Agreement.
• During the term of the municipal advisory relationship, this agreement will be promptly amended or supplemented to reflect any material changes in or additions to the terms or information within this agreement and the revised writing will be promptly delivered to the District.
• NHA Advisors, LLC does not have any affiliate that provides any advice, service, or product to or on behalf of the District that is directly or indirectly related to the municipal advisory activities to be performed by NHA Advisors, LLC;
• NHA Advisors, LLC has not made any payments directly or indirectly to obtain or retain the District’s municipal advisory business;
• NHA Advisors, LLC has not received any payments from third parties to enlist NHA Advisors, LLC’s recommendation to the District of its services, any municipal securities transaction or any municipal finance product;
• NHA Advisors, LLC has not engaged in any fee-splitting arrangements involving NHA Advisors, LLC and any provider of investments or services to the District;
• NHA Advisors, LLC does not have any conflicts of interest from compensation for municipal advisory activities to be performed, that is contingent on the size or closing of any transactions as to which NHA Advisors, LLC is providing advice;
• NHA Advisors, LLC does not have any other engagements or relationships that might impair NHA Advisors, LLC ability either to render unbiased and competent advice to or on behalf of the District, as applicable; and
• NHA Advisors, LLC does not have any legal or disciplinary event that is material to the District’s evaluation of the municipal advisory or the integrity of its management or advisory personnel.
Legal Events and Disciplinary History NHA Advisors, LLC does not have any legal events and disciplinary history on its Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The District may electronically access NHA Advisors, LLC’s most recent Form MA and each most recent Form MA-I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.html. There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC.
Consulting Services Agreement between August 3, 2017 Southern Marin FPD and NHA Advisors, LLC Page 10 of 10
Recommendations If NHA Advisors, LLC makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the District and is within the scope of the engagement, NHA Advisors, LLC will determine, based on the information obtained through reasonable diligence of NHA Advisors, LLC whether a municipal securities transaction or municipal financial product is suitable for the District. In addition, NHA Advisors, LLC will inform the District of:
• the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation;
• the basis upon which NHA Advisors, LLC reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the District; and
• whether NHA Advisors, LLC has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the District’s objectives.
If the District elects a course of action that is independent of or contrary to the advice provided by NHA, NHA Advisors, LLC is not required on that basis to disengage from the District.
Record Retention Effective July 1, 2014, pursuant to the Securities and Exchange Commission (SEC) record retention regulations, NHA Advisors, LLC is required to maintain in writing, all communication and created documents between NHA Advisors, LLC and the District for five (5) years.
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-- - Forwarded message -- -From: Cathryn Hillia rd <[email protected]> Date: Sun, Sep 10, 2017 at 2:37 PM Subject: Request a Discussion/Action item on the September Board Agenda: Hiring a Deputy Fire Chief To: Chris Tubbs <[email protected]>
Chief Tubbs,
As Board President, I am requesting that you place an action item on the September Board of Directors Meeting Agenda to allow the Board to revisit the discussion about hiring a Deputy Fire Chief for the District and the timing for the recruitment process.
I understand that we have been talking about waiting until the end of this year to assess the relationship with the City of Mill Valley to make a determination, however, based on the reports I've received about the outcome of this item at the last Mill Valley City Council meeting, wherein they were challenged to set up a committee to talk about next steps, I am concerned about a protracted timeline for progress.
The current SMFD relationship with the City of Mill Valley is very beneficial, saving each organization $500,000 a year. It is my hope that the good will, the relationship and the discussions wtth The Ctty of Mill Valley will continue but for the sake running the District's business, the Board needs to make a decision soon.
Please include this email in the Board packet. Thank you for your attention to this request.
Cathryn Hilliard, President Board of Directors Southern Marin Fire Protection District 415-847-9754 [email protected]
Staff Report
Date September 27, 2017
Topic Adoption of the 2017/18 Annual Budget: Two Options
Background In July 2017, the Board adopted a preliminary 2017/18 Budget. Since then, a number of changes have occurred, justifying revising the current budget: Version A. In addition, several members of the Board have proposed hiring a Deputy Chief; this option is added in the second version of the budget: Version B.
Recommendation
Staff recommends that the Board approve a revised 2017/18 budget, either Version A, or Version B to include hiring a Deputy Chief (options 1 or 2 from below). See Attachment A for detail of current and proposed budgets.
Financial Impact The revised budget proposed here as Version A, has a net cash flow of -$1,516,655 – a change of -$387,951 - mainly impacted by adding the purchase of a new fireboat, funded 75% by FEMA (see Attachment B for summary of all changes).
Version B of the budget includes the changes from Version A, but also adds in the cost of a new Deputy Chief, starting in January 2018. The net cash flow for Version B is -$1,687,055: a change of -$170,400 for adding the Deputy Chief. Currently, we have exceeded our unallocated reserves goal by $243,000 and could absorb the hiring of a Deputy Chief for 2017/18 using said excess.
Hiring a Deputy Chief would accelerate the District’s need to bridge the anticipated gap between revenues and expenditures in the future. Including the DC position in subsequent years will cost the District approximately $310,000 annually. With current staffing, expenditures are forecast to exceed revenues in 2022. Hiring a Deputy Chief would accelerate that timeline to 2020. However, the District could still use unallocated reserves to meet operating budget requirements with a Deputy Chief through 2025 before the unallocated reserves reach zero.
Options Considered 1. Adopt the 2017/18 FY Budget, Version A2. Adopt the 2017/18 FY Budget, Version DC (incl Deputy Chief)3. Keep the 2017/18 FY Budget adopted in July
Southern Marin Fire Protection District
Board of Directors Cathryn Hilliard, President
Stephen Willis, Vice President Thomas Perazzo – Dan St. John – Kurt Chun – Christine Waldeck – Peter Fleming
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Submitted By Alyssa Schiffmann Attachments: Attachment A: 2017/18 BUDGET DETAIL with current budget, plus Versions A & B Attachment B: Summary of financial impacts of the 2017/18 Budget Versions A & B
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9/21/2017 ATTACHMENT A
SOUTHERN MARIN FIRE PROTECTION DISTRICT BUDGET DETAIL
FLSA (due to est. CIL cost) 25,000 25,000Deputy Chief (Jan-June 2018) 0 170,400
Total Salaries & Benefits Increase: 25,000 195,400
Operating Budget Increases:513-G Awards: Restructured award program 400 400
1,000 1,00015,000 15,000
5,000 5,000
Total Operating Budget Increase: 21,400 21,400
Equipment/Reserves Increases:583-4C Knox Box KeySecure: 16 new 8,100 8,100
16,000 16,000
17,000 17,000
60,000 60,000
979,362 979,362
Total Equipment/Reserves Increase: 1,080,462 1,080,462
Net Cash Flow: -1,516,655 -1,687,055
Net Change Over Current Budget: -387,951 -558,351
523-ZG Public Outreach: Increase per Committee's request
2017/18 VERSION A
CHANGES
2017/18 VERSION B
CHANGES
583-5W One-Time Misc Expenses: Added $50K for Lew Group revenue study; Increased NHA Advisors revenue study by $10K583-5X · Fireboat: Full cost of new fireboat (offset by 75% FEMA funding of $734,522 in revenues)
583-5J New Apparatus: Rolled over 16/17 unused funds for new rigs
583-5O Jetski: Rolled over 16/17 unused UASI Grant jetski funds
513-V Software Subscriptions: Added ERS inspection software523-ZF Outside Services: Temporary Payroll/Admin Support
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RESOLUTION # 2017/2018-4
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN MARIN FIRE PROTECTION DISTRICT
ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2017/2018.
WHEREAS, it has been determined by the members of the Board of Directors that, pursuant to Section 138985 of the Health and Safety Code, the District, on or before October 1, 2017 shall adopt a final budget.
WHEREAS, it has been determined by the members of the Board of Directors that a position of Deputy Chief and its associated costs shall be included in the final budget FY 2017/2018.
NOW, THEREFORE, be it resolved that final budget and reserve allocations are adopted and established as per the attached budget, so marked as “SOUTHERN MARIN FIRE PROTECTION DISTRICT, FINAL BUDGET FY 2017/2018.
PASSED AND ADOPTED by the Board of Directors of the Southern Marin Fire Protection District this 27th Day of September, 2017 by the following vote:
AYES:
NOES:
ABSENT:
_____________________________________________ President, Board of Directors Southern Marin Fire Protection District
ATTEST:
_____________________________________________ Clerk to the Board
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RESOLUTION # 2017/2018-5
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN MARIN FIRE PROTECTION DISTRICT
ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2017/2018.
WHEREAS, it has been determined by the members of the Board of Directors that, pursuant to Section 138985 of the Health and Safety Code, the District, on or before October 1, 2017 shall adopt a final budget.
NOW, THEREFORE, be it resolved that final budget and reserve allocations are adopted and established as per the attached budget, so marked as “SOUTHERN MARIN FIRE PROTECTION DISTRICT, FINAL BUDGET FY 2017/2018.
PASSED AND ADOPTED by the Board of Directors of the Southern Marin Fire Protection District this 27th Day of September, 2017 by the following vote:
AYES:
NOES:
ABSENT:
_____________________________________________ President, Board of Directors Southern Marin Fire Protection District
ATTEST:
_____________________________________________ Clerk to the Board
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RESOLUTION #2017/2018-6
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN MARIN FIRE PROTECTION DISTRICT
TAKING CORPORATE ACTION REGARDING THE SOUTHERN MARIN FIRE PROTECTION DISTRICT 457 PLAN.
WHEREAS, The Board of Directors hereby take the following corporate action with respect to the Southern Marin Fire Protection District 457 Plan (‘Plan”). RESOLVED, that the Board of Directors remove Matrix Trust Company as Trustee with respect to the Southern Marin Fire Protection District 457 Plan, effective October 16, 2017.
RESOLVED, the Board of Directors of the Corporation hereby appoints Reliance Trust Company, as Trustees of the Plan effective October 16, 2017. RESOLVED, that the Board of Directors authorizes the plan recordkeeper, MassMutual, as an agent of the Trustee as indicated in the Trust Agreement. There being no further business each of the undersigned had caused this Consent to be executed in their capacity as a member of the Board of the Southern Marin Fire Protection District. PASSED AND ADOPTED by the Board of Directors of the Southern Marin Fire Protection District, County of Marin, State of California, this 27th day of September, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ___________________________________ President, Board of Directors Attest: Clerk to the Board
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RESOLUTION # 2017/2018-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN MARIN FIRE PROTECTION DISTRICT RATIFYING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SOUTHERN MARIN FIRE PROTECTION DISTRICT AND THE SOUTHERN MARIN CHIEF OFFICERS ASSOCIATION
WHEREAS, the Southern Marin Chief Officers Association (“Association”) is a formally recognized employee organization; and
WHEREAS, the Association members provide valuable all risk services to the Southern Marin Fire Protection District; and
WHEREAS, the District, via its representative, has negotiated with the Association regarding adjustments to the salary and benefits of Association members; and
WHEREAS, the Board of Directors finds that salary and benefits for the Association members, as described in the Memorandum of Understanding attached hereto as Exhibit A, are necessary to maintain a competitive salary and benefit plan and effectively retain District employees;
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. The President of the Board of the Directors is authorized to execute theMemorandum of Understanding attached hereto as Exhibit A and bind theDistrict to the terms thereof.
PASSED AND ADOPTED by the Board of Directors of the Southern Marin Fire Protection District, County of Marin, State of California, this 27th day of September, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________ President, Board of Directors
Attest: Clerk to the Board
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Southern Marin Fire Protection District 308 Reed B01ilevard Mill Valley, California 94941
Phone: 415 388-8182 Fax: 415 388-8181
Date
I, Christian Tubbs , Fire Chief of the Southern Marin Fire Protection District , understand the current and future costs of the Memorandum of Agreement between the Southern Marin Fire Protection District and the Southern Marin Chief Officers Association approved by the Board of Directors on ~1~2-7 '2.0l,
{)LJR <
Christian Tubbs, Fire Chief Southern Marin Fire Protection District
1.2.1 In General ........................................................................................................................................ 2
1.2.2 Association Discrimination .............................................................................................................. 2
1.3 Inspection of Memorandum of Understanding ................................................................................... 2
2.1 Advance Notice of Change ................................................................................................................. 3
2.2 Dues Deduction ................................................................................................................................... 3
2.3 Release Time ....................................................................................................................................... 3
2.4 Association Access to Work Locations ............................................................................................... 3
2.5 Association Space ............................................................................................................................... 3
2.6 Conduct of Business ............................................................................................................................ 4
2.7 Association Meetings .......................................................................................................................... 4
2.8 Association Orientation of New Employees ....................................................................................... 4
2.9 Management Rights ............................................................................................................................ 4
5.6 Family Leave ..................................................................................................................................... 16
5.7 Military Leave ................................................................................................................................... 16
6 TERMS AND CONDITIONS OF EMPLOYMENT ................................................................... 17
6.1 Hours of Work................................................................................................................................... 17
7.1 Medical Coverage after Retirement .................................................................................................. 23
8 STRIKES AND LOCKOUTS ........................................................................................................ 26
9 DURATION OF AGREEMENT ................................................................................................... 27
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MEMORANDUM OF UNDERSTANDING
Between
SOUTHERN MARIN FIRE PROTECTION DISTRICT
And
SOUTHERN MARIN FIRE CHIEF OFFICERS’ ASSOCIATION, IAFF LOCAL 1775
This Memorandum of Understanding has been arrived at as result of meeting and conferring in good faith under the provisions of Section 3500-3509 of the Government Code of the State of California.
The Southern Marin Fire Chief Officers’ Association, IAFF Local 1775, is the formally recognized employee organization for the mid-management representation unit. The following classification is represented by this unit:
Battalion Chief
Should, at any time, the District find that a financial emergency affects the ability of the District to furnish adequate services, the District will advise all bargaining groups and meet and confer on the ramifications of the financial emergency.
This Memorandum of Understanding shall be presented to the Southern Marin Fire Protection District Board for ratification as the joint recommendations of the undersigned for salary and fringe benefit adjustments for the period commencing July 1, 2014 and ending June 30, 2018.
1 GENERAL PROVISIONS
1.1 Recognition
1.1.1 Association Recognition
The Southern Marin Fire Chief Officers’ Association, I.A.F.F., Local 1775, hereinafter referred to as the “Association” is the recognized employee organization, as defined by Government Code Section 3501(b) for all employees in classification represented by the Association, said classification being set forth in Exhibit A.
1.1.2 District Recognition
The Fire Chief of the Southern Marin Fire Protection District and/or any other person or organization duly authorized by the Southern Marin Fire Protection District Board of Directors, is a representative of the Southern Marin Fire Protection District, hereinafter referred to as the “District.”
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1.2 Non-Discrimination
1.2.1 In General
There shall be no discrimination of any kind because of race, creed, color, national origin, sex, political or religious opinion or activities, Association activities as described in the Meyers-Milias-Brown Act, and, to the extent prohibited by State and Federal law, age; provided, however, that nothing herein shall be deemed to authorize the conduct of political, religious or Association activities on District time or with District equipment or District supplies, except as otherwise provided in this Memorandum of Understanding. Employees may only grieve alleged violations of this provision up to and including Step 1 of the formal grievance procedure.
1.2.2 Association Discrimination
Employees have MMBA and PERB protection from discrimination in connection with continued employment, promotion or otherwise by virtue of membership in or representation of the Association. Employees may only grieve alleged violations of this provision up to and including Step 1 of the formal grievance procedure.
1.3 Inspection of Memorandum of Understanding
Both the District and the Association agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request.
1.4 Existing Laws, Regulations & Policies
This Memorandum is subject to all applicable laws.
1.5 Strikes and Lockouts
During the term of this Memorandum of Understanding and during the negotiation process for a successor agreement, the District agrees that it will not lock-out employees, and the Association agrees that it will not agree to, encourage, or approve any strike, slow down or mass sick leave. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement.
1.6 Severability
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section.
1.7 Full Understanding, Modification, Waiver
1.7.1 Joint Representation
The Parties jointly represent to the District Board that the Memorandum of Understanding sets forth the full and entire understanding of the Parties regarding the matters set forth herein.
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1.7.2 Waiver & Modification
Except as specifically otherwise provided herein, it is agreed and understood that each party voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered by this Memorandum of Understanding. This shall not preclude the parties from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of representation for a successor Memorandum of Understanding between the parties to be effective on or after the expiration of this Agreement.
2 MMBA
2.1 Advance Notice of Change
Except in cases of emergency, reasonable advance written notice shall be given the Association of any ordinance, rule, policy, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the District. The Association shall be given the opportunity to meet to the extent required by law with the District prior to adoption. In cases of emergency, when the District determines that an ordinance, rule, policy, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the District shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, policy, resolution or regulation. A copy of any such ordinance, rule, policy, resolution, or regulation shall be provided to the Association when providing notice whenever possible.
2.2 Dues Deduction
Upon submission to the District of a proper written authorization by the employees, the District agrees to deduct Union dues from the paycheck of each Union member on a biweekly basis and to remit said monies and the names of those employees for whom dues are being deducted to the Union. Such remittance shall be made on a biweekly basis.
2.3 Release Time
The District shall allow a reasonable number of Association representatives who are official representatives of the Association to be given time-off without loss of compensation of other benefits when formally meeting and conferring with representatives of the District on matters within the scope of representation.
2.4 Association Access to Work Locations
Reasonable access to employee work locations shall be granted to officers of the Association and officially designated representatives of the Association for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation, which are to be discussed with District representatives. Access may be restricted so as not to interfere with the normal operations of the District or with established safety or security requirements.
2.5 Association Space
The Association shall be allowed space on District property at a mutually agreed upon location, with telephone service maintained at the expense of the Association.
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2.6 Conduct of Business
Consultations between the District and the Association, for discussion of grievances and for negotiations between the District and Association representatives normally will be conducted during regular working hours. Association representatives who are on duty will be allowed to participate in such meetings.
Association officers are authorized reasonable time during on-duty hours to process employee complaints or grievances, and to conduct negotiations with management at the local level.
2.7 Association Meetings
The Association shall be able to use District facilities for meetings provided space and time are available. All meetings using District facilities must have prior approval of the Fire Chief or the Chief’s designee. An employee normally covering the first in-district call for service where any such meeting is being held will be allowed to attend provided the employee remains ready and available to perform the employee’s duties. Association officers and employees who have business to present at the meeting but are assigned to other stations will be allowed to attend meetings. Arrangements for this purpose will be the same as routine department cover-ins, provided that the Association and Duty Chief both determine the resulting coverage meets acceptable emergency response safety standards.
2.8 Association Orientation of New Employees
Whenever the District laterally hires an employee within the Battalion Chief classification, the District will provide said employee with a copy of the current Memorandum of Understanding. The District shall make available up to two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association.
2.9 Management Rights
The District reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the District, as such rights existed prior to the execution of this Memorandum of Understanding. The District and Association agree and understand that if, in the exercise of any of the rights set forth below, the effect of said exercise of rights by the District impacts an area within the scope of representation as set forth in the Meyers-Milias-Brown Act, case law interpreting said act, and/or Federal law, the District shall have the duty to meet and confer with the Association regarding the impact of its decision and exercise of rights. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1) Determine the District’s mission and that of its constituent departments.
2) Set standards and levels of service.
3) Determine the procedures and standards for hiring of employees.
4) Determine the procedures and standards for promotion of employees.
5) Direct employees and assign work on a day-to-day basis.
6) Establish and enforce uniform, dress, and grooming standards.
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7) Determine the methods and means to relieve employees from duty when work is not available or for other lawful reasons.
8) Create efficiency in District operations.
9) Determine the means and methods to be used to achieve standards and levels of service.
10) Determine the numbers, skill-types, and organization of the District’s workforce.
11) Determine job classifications and descriptions.
12) Determine means and methods to finance District operations.
13) Determine facilities, technology, and equipment used by the District.
14) Contract for any service or work needed by the District.
15) Schedule employees and work.
16) Establish performance standards, evaluations, and improvement plans.
17) Discharge and discipline employees.
18) Take all lawful necessary actions to fulfill its mission during an emergency.
3 COMPENSATION
3.1 Salaries
The Salary Plan shall outline the salary structure for the Battalion Chief classification, to reflect current base salary effective July 1, 2014, and the salary shall be paid bi-weekly. The monthly salary effective July 1, 2014, through June 30, 2018, for the Battalion Chief classification is listed on Attachment A, and Attachment A reflects a 5% salary increase retroactive to July 1, 2014. The salary increase shall be effective at the first full payroll period after ratification by both the District Board of Directors and the Southern Marin Fire Chief Officers’ Association.
The District shall use Attachment A to roll education pay equal to 7.5% of base hourly wage into the Battalion Chief salary schedule upon ratification of this MOU.
The District shall increase the base salary as listed on Attachment A by 4% retroactive to July 1, 2015.
The District shall increase the base salary by another 4% retroactive to July 1, 2016, 1.5% retroactive to July 1, 2017.
The District may initiate meet and confer with the Association during the term of this Agreement to negotiate overtime wages.
3.1.1 Regular Rate of Pay
The regular rate of pay is the base hourly wage plus any legally required incentive pays.
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3.2 Salary and Wage Plan for Battalion Chief
Employees advance up the Battalion Chief salary step schedule based on merit and time-in-service as described in more detail for each step below. The District’s assessment of whether an employee has performed in a satisfactory or better manner will include but not be limited to whether the employee applied his or her Employee Action Plan pursuant to the District’s Career Ladder.
Step 1: The first step of each range is the minimum rate and is normally the hiring rate for the class.
Step 2: The second step is the rate at which a fully qualified, experienced and ordinarily conscientious employee should be paid. Employees who have performed at satisfactory levels in a given classification for a period of one (1) year of continuous service in Step 1 shall be granted this step.
Advancement from one step to the other shall be only at the recommendation of the Fire Chief and approval by the Board.
3.2.1 Salary and Wage Plan for Battalion Chief – 40 Hour Work Week
Battalion Chiefs assigned the the 40 hour Battalion Chief position shall receive a 5% differential to their base pay while in the position of the 40 hour Battalion Chief Assignment. When returning to their previous shift assignment, they shall lose the 5% differential.
The 40 hour Battalion Chief Assignment shall be selected at the sole discretion of the Fire Chief. Assignment to the 40 hour Battalion Chief Assignment shall not exceed two years unless mutually agreed upon by the Fire Chief and the Chief Officers Association.
The 40-hour Battalion Chief shall retain their current benefits and leave as detailed in the current adopted MOU.
3.3 Educational Incentive
An employee may earn educational incentive pay for the following forms of education if they exceed the requirements of the employee’s job description:
A. A 2-1/2% of the monthly base salary per month pay incentive for current employees with 30 units of Fire Science or a Department of Defense DD-214 form indicating an Honorable Discharge, or with proof of active military reservist status.
B. A 5% of the monthly base salary per month pay incentive for employees holding an AA/AS Degree in Fire Science from an accredited college or university (not in addition to the above 2-1/2% for a 30 units of fire science, or the Department of Defense Honorable Discharge, or the proof of active military reservist status).
1. Effective the first full pay period following Board adoption of this agreement, the 5% AA/AS Degree in Fire Science will be included in the Battalion Chief base pay.
C. A 2-1/2% of the monthly base salary per month pay incentive for employees either holding a Fire Officer I Certificate from the State Board or who have successfully completed all of the classes required to be issued the Certificate.
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1. Effective the first full pay period following Board adoption of this Agreement, the 2-1/2% Fire Officer I Certification incentive will be included in the Battalion Chief base pay.
D. A 1% of the monthly base salary per month pay incentive for employees holding a Chief Officer Certificate from the State Board of Fire Services.
E. A 2% of the monthly base salary per month pay incentive for employees holding a Bachelor’s Degree in a field related to the fire service (as approved by the Fire Chief).
3.4 Fair Labor Standards Act (FLSA)
The District utilizes an FLSA Section 7K twenty-four day work period. Vacation, sick leave, and compensatory time-off are paid hours that count towards employees’ qualification to earn overtime during each work period. Employees are scheduled to work 192 hours each work period. To account for the ten hours above the FLSA 182 hour threshold, the District shall pay employees a 2.7% premium at each employee’s regular rate each pay period. Employees on workers’ compensation leave or on light duty are not eligible for the FLSA 2.7% premium.
The parties to the agreement, the Southern Marin Professional Firefighters, IAFF Local 1775, agree that the payment set forth above shall constitute full compliance with the Fair Labor Standards Act.
3.5 Overtime
(A) Overtime hours worked will be compensated by payment as outlined in paragraphs (B) and (C) below. In the event a Battalion Chief is absent from duty due to an approved, paid leave and overtime is required for minimum staffing, the vacancy shall first be offered to a Battalion Chief at the District or another agency via a shared services agreement. If a Battalion Chief does not accept the overtime shift, the vacancy may be offered to a qualified Captain who shall serve as an Acting Battalion Chief.
(B) Employees who are assigned to work a full or partial shift on a non-emergency basis, in addition to their regular work schedule, shall be compensated at the rate of one and one-half (1-1/2) times the employee’s regular rate.
(C) Employees who are called-back to duty in an emergency situation and do so report shall be compensated at the rate of one and one-half (1-1/2) times the employee’s regular rate. It is further provided that employees who are called-back for an emergency situation and do so report shall receive a minimum of two (2) hour's work, or if two (2) hour's work is not furnished, a minimum of two (2) hour's pay at the rate herein provided.
(D) Compensatory time: the employee may choose to receive any overtime worked as wages or compensatory time off. Both will be calculated at 1-1/2 times the employee’s regular rate. Wages will be distributed during the appropriate pay period. Compensatory time may be accrued to a maximum of 96 hours. Upon separation from employment (i.e. retirement), accrued compensatory time will be paid to the employee at their current regular rate.
(E) The 40-hour Battalion Chief shall receive time and one-half in excess of their 40-hour work week. It should be noted that regardless of the weekly schedule (9/80, 4/10. 5/8), each week shall be considered a 40 hour work week for purposes of calculating overtime.
Overtime will only be approved for work that is not currently compensated by any other compensatory tool.
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3.6 Deferred Compensation
The District contributes 5% of the employee’s base salary to the Deferred Compensation Plan.
3.7 Longevity Pay
Employees who have completed 25 years of service with the District shall receive an incentive pay equal to 2.5% of their base salary.
Calculation for years of service shall be based on years served with:
1. Southern Marin Fire Protection District
2. Alto Richardson Bay Fire Protection District
3. Tamalpais Fire Protection District
4. City of Sausalito for employees transferred as a result of the annexation of June 2012
5. City of Sausalito for employees transferred to the District as a result of the Agreement between the City of Sausalito and the District effective on or about April 25, 2006
6. City of Mill Valley Employees transferred to the District on July 1, 1994
3.8 Pay for Work Out of Classification
An employee who is assigned by the District to serve as Acting Fire Chief shall be paid at Step 1 of the higher classification for hours worked in said higher classification.
The District may offer the role of Acting Fire Chief or Acting Deputy Fire Chief to Chief Officers who are deemed qualified to fill this role by the District Board of Directors (“BOD” or “Board”) and as determined by the Fire Chief while the Fire Chief or Deputy Fire Chief are unavailable.
The following outlines the exclusive structure as to how the Chief Officers should be compensated while, or as a result of temporarily filling these roles, notwithstanding anything contrary in the adopted MOU.
The procedures for such temporary assignments shall be as follows:
1. The Board of Directors shall determine those Chief Officers authorized to work as Acting Fire Chief
during the unavailability of the current Fire Chief. The Fire Chief will determine those Chief Officers authorized to work as Acting Deputy Fire Chief when the current Deputy Fire Chief is unavailable. A qualification for this shall be noted in Telestaff.
2. A member serving in the role of Acting Fire Chief shall be paid the differential between the individual’s hourly rate and the Fire Chief / Deputy Fire Chief hourly rate (refer to Fire Chief or Deputy Fire Chief Employment Agreement for hourly rate equivalent) while on regular duty hours, to a maximum of 10 hours per work day. Hours are based on the member’s regular work schedule.
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On scheduled days off, members will be paid 1/2 hour of overtime for every hour of Acting Fire Chief / Acting Deputy Fire Chief coverage, to a maximum of 12 hours of overtime.
3. If the Acting Fire Chief / Acting Deputy Fire Chief is called into the District on emergency response
for any incident, members will be paid their regular overtime rate for each hour worked. During the emergency response time, members will only receive their regular overtime rate and not both the Acting Fire Chief / Acting Deputy Fire Chief rate and their regular overtime rate.
4. The Fire Chief will assign an authorized Chief Officer, (Telestaff Code) to the role of Acting Fire
Chief / Acting Deputy Fire Chief based upon the needs of the District and the availablity of Chief Officers.
5. Chief Officers on promotional probation are not eligible to work as Acting Fire Chief / Acting
Deputy Fire Chief.
6. Duties for the Acting Fire Chief / Acting Deputy Fire Chief include, but are not limited to: a. Perform all the duties of the Fire Chief / Acting Deputy Fire Chief as directed by the Fire
Chief and/or the Board President.
i. It is understood that circumstances may arise requiring the Acting Fire Chief / Acting Deputy Fire Chief to work in the District on a normally scheduled day off.
b. Administrative and operational management of the Fire District, 24 hours a day, seven days a week.
c. Respond to emergency incidents in support of the Incident Commander and Incident Command Post.
d. As Acting Fire Chief, daily check-in with the Board President via a phone call, as prescribed by Board President.
e. Conduct recurring OPS and weekly staff planning meetings.
f. Attend Board Meetings in the role of Fire Chief.
g. All other duties described in the Fire Chief / Acting Deputy Fire Chief job descriptions.
h. Attend community interaction events as directed by the Fire Chief or Board President.
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3.9 Holiday Pay
The District shall pay for the recognized holidays for shift employees whether scheduled on or off duty, by the following formula: Twelve (12) hours per holiday (one-half shift) at the employee’s base hourly rate of pay. The following days shall be paid holidays:
The first day of January (New Year's Day)
The third Monday in January (Martin Luther King's Birthday)
The twelfth day of February (Lincoln's Birthday)
The third Monday in February (Washington's Birthday)
The last Monday in May (Memorial Day)
The fourth day in July (Independence Day)
The first Monday in September (Labor Day)
The ninth day of September (Admission Day)
The second Monday in October (Columbus Day)
The eleventh day of November (Veterans Day)
The fourth Thursday in November (Thanksgiving Day)
The fourth Friday in November (Day after Thanksgiving Day)
The twenty-fifth day of December (Christmas Day)
Southern Marin Fire will pay for the seven (7) holidays that occur between July 1 and November 30 (Independence Day, Labor Day, Admission Day, Columbus Day, Veterans Day, Thanksgiving Day, and the Day after Thanksgiving Day) with the first paycheck following the Day after Thanksgiving Day holiday. Southern Marin Fire will pay for the six (6) holidays that occur between December 1 and June 30 (Christmas Day, New Year’s Day, Martin Luther King’s Birthday, Lincoln’s Birthday, Washington’s Birthday, and Memorial Day) with the first paycheck following Memorial Day.
Additionally, every day appointed by the President of the United States or the Governor of the State of California for public fast, Thanksgiving or holiday shall be a paid holiday. Additional days of paid leave provided by the President of the United States or the Governor of the State of California do not entitle employees to additional paid holidays.
3.10 Uniform Maintenance Program
The District provides $400.00 annually to each employee for such items as Department approved T-shirts, baseball hats, work out clothing, etc., and will replace standard, approved firefighting uniforms as needed (i.e. nomex uniform shirt, nomex pants, belt, and boots). The payment required under this section shall be made annually on the first pay period in October.
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4 BENEFITS
4.1 Medical Insurance
A. Medical Insurance Premiums
Medical insurance shall be carried through the Kaiser Foundation Health Plan, Inc. for all employees covered by this MOU and their dependents. Said coverage shall be paid by the District and employee as described below:
From July 1, 2015 to June 30, 2016, the District shall pay up to the premium for the Kaiser Low plan for each employee based on the employee’s eligibility either employee only, employee plus one or family.
From July 1, 2016 to June 30, 2017, the District shall pay up to the premium for the Kaiser Low plan for each employee minus a fixed employee contribution of approximately 7% of that premium based on each employee’s eligibility level as follows:
Employee Only: $24.00 per pay period
Employee Plus One: $47.00 per pay period
Family: $63.00 per pay period
Effective July 1, 2017, the District shall pay up to the premium for the Kaiser Low plan for each employee minus a fixed employee contribution of approximately 10% of that premium based on each employee’s eligibility level as follows:
Employee Only: $36.00 per pay period
Employee Plus One: $72.00 per pay period
Family: $90.00 per pay period
B. Medical Insurance Plans
The District recognizes as additional health care plan options: Blue Cross-Fee for Service, Blue Cross Prudent, and Buyer Classic Plan V. The cost of these options over and above the cost of the Kaiser Plan, family rate, is to be borne by the employee based on eligibility level.
C. Medical Insurance Opt-Out
As of July 1, 2016, the District will pay directly to any employee covered by this MOU its contribution to pay the cost of providing medical insurance through the Kaiser Foundation Health Plan, Inc. at the single employee rate only if the employee withdraws from District health coverage and signs a waiver that 1) ensures a complete understanding of the employee’s choice and 2) includes proof that the employee has obtained other group medical insurance coverage compliant with the Patient Protection and Affordable Care Act.
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4.2 Dental Insurance
Dental Insurance shall be provided by Delta Dental. This plan covers all employees represented by this MOU and their dependents. Premium costs for dental insurance shall be paid by the District.
Full time employees with fifteen years of service to the District and who were employed on or before July 1, 2001 shall qualify for the continuation of Dental Insurance for the employee and spouse upon retirement.
4.3 Life and Accidental Death Insurance
Probationary and regular employees shall receive a Life & Accidental Death insurance policy paid by the District. Said insurance policy shall be fifty thousand dollars ($50,000) per employee.
4.4 Long Term Care
The District will provide a California Association of Professional Firefighters long-term care plan for each employee.
4.5 Long Term Disability
The District will provide a California Association of Professional Firefighters long-term disability plan for each employee.
4.6 Vision Care
The District will provide employees with a vision care plan that provides for a comprehensive eye examination as well as prescription glasses/contact lenses as provided in the Vision Care Policy.
4.7 Benefits Communication Network
The District shall pay a monthly premium, not to exceed three (3) dollars, per person, per month to the Benefits Communication Network (BCN) for employee retirement planning. The District, through BCN established a “Supplemental Retirement Plan” that allows individual members to elect the deferral of cash-outs at the time of retirement. Employees may elect to defer some, all or none of their accrued leave, i.e. sick leave, up to 60% of unused (see Section 5.1.1 of this M.O.U. for sick leave buy-out calculations) and up to 100% of unused vacation.
5 LEAVES
5.1 Sick Leave
Sick leave is earned at the rate of twelve (12) hours per month for individuals working a 56-hour work week.
Sick leave is earned at the rate of eight (8) hours per month for individuals working a 40-hour work week. Sick leave may be utilized for the following:
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1. Physical illness or physical incapacity caused by factors over which the employee has no reasonable immediate control;
2. Hospitalization of a member of the immediate family or a member of the immediate household for whom the employee may claim a Federal tax exemption;
3. Care of a member of the immediate family who is seriously ill, incapacitated or injured, though not hospitalized, and who has been approved in advance by the Fire Chief or designee;
The Employer has the right to request proof of illness if there is a question of the validity of the illness or the ability of the employee to return to duty.
An employee who absents themselves from duty on sick or special leave shall notify the Fire Chief or such other person as department rules may provide, early on the first day of absence, of the reasons for requiring such leave, and failure to do so may be grounds for denial of such leaves without pay for the period of absence.
Each such absence shall be reported by the department to the Duty Chief, where proper records shall be maintained of all absences.
Holidays and regular days off occurring when an employee is on sick or special leave shall not be charged against such employee’s sick leave credits.
Sick leave shall automatically terminate on the date of retirement of the employee or on the date on which an ordinary disability allowance under the retirement system becomes effective.
5.1.1 Sick leave Payout at Retirement
In the event of retirement, death or resignation from employment with the District, after ten (10) years of service, the employee or the employee’s estate, in the case of death, shall receive a cash payment equivalent to 35% of the employee’s accumulated but unused sick leave plus 1.66% for each year of service up to 25 years when the individual would receive the maximum payment of 60% of the unused sick leave. There is an unlimited accrual of sick leave hours. This section shall not apply to employees who are discharged for cause or who resign in-lieu of being discharged for cause.
5.1.2 Sick Leave Converted to Service Credit
Employees who retire from the Southern Marin Fire District, on or after July 1, 2013 shall receive employment service credit, for retirement purposes only, for the remaining 40% of hours’ accrued unused sick leave after the Sick Leave Payout in the previous paragraph to the extent allowed by law governing the Marin County Employees’ Retirement Association (MCERA). Disputes concerning MCERA’s interpretation of the laws governing this benefit are not subject to a grievance and must be addressed by the Association directly with MCERA. This section shall not apply to employees who are discharged for cause or who resign in-lieu of being discharged for cause.
5.1.3 Sick Leave Hours Converted to Cash or Deferred Compensation
An employee may elect to convert the monetary value of a portion of their unused sick leave hours to cash or their deferred compensation plan using the following criteria:
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1. An employee must establish and maintain a minimum of 1440 hours of sick leave before this option can be exercised.
2. An employee may convert up to 60% of their unused sick leave (see sick leave buy-out conversion calculation in Section 22), over and above the 1440-hour minimum, computed on the basis of the employee’s current base hourly rate.
3. The employee must notify the District of their intent to exercise this option prior to December 1st of each year. Said notification must incorporate the amount of sick leave hours to be converted to cash or distributed to the employee’s deferred compensation account.
4. Said transfers will begin on the first pay period of the new calendar year (January 1) following the initial request.
Example: Employee “a” has 11 years of service and a total of 1540 hours of accumulated sick leave:
1) There are 100 hours of sick leave available for conversion.
2) As per the conversion factor, 36.66% of the available hours (36.66) may be converted to a monetary value, computed at employee “A’s” base hourly rate.
36.66 Hours @ $20.00 per hour = $733.20
$733.20 available for cash or transfer into his/her deferred compensation plan.
5.2 Vacation
5.2.1 Vacation Selection
Employees must comply with District vacation policy to take paid vacation.
5.2.2 Vacation Accrual
Employees may accrue up to two years of earned vacation credit.
The vacation accrual schedule for employees working a 24 hour shift shall be:
1-5 years 8 shifts 192 hours
6-10 years 11 shifts 264 hours
11-15 years 12 shifts 288 hours
16-20 years 13 shifts 312 hours
21 years & above 14 shifts 336 hours
The vacation accrual schedule for employees working an 8 hour shift shall be:
1-5 years 110 hours
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6-15 years 160 hours
16-20 years 208 hours
21 years & above 248 hours
Eligible vacation time shall be scheduled by mutual agreement between the District and the employee.
5.2.3 Vacation Cash-Out
Each January first (1st), the District will cash-out employee vacation accruals which exceed the two year accrual cap. Each employee’s accrual cap is based on the employee’s years of service. The District will distribute the cash-out in the employee’s second payroll check of January unless the employee elects to convert the cash-out amount to a deferred compensation contribution. The employee’s deferred compensation contribution will appear in the employee’s second payroll check of January.
5.2.4 Vacation Converted to Deferred Compensation
A. An employee may elect to convert the monetary value of a portion or all of their unused vacation hours to their Deferred Compensation plan account.
B. The employee must notify the Fire Chief of his or her intent to exercise this option.
C. The notification must incorporate the amount of vacation hours to be converted and the month to be distributed to the employee’s deferred compensation account.
5.2.5 Accrued Vacation Hours
A. Upon separation, resignation, termination, or retirement all unused vacation hours shall be elicited as a cash out and/or deposited in the employee’s deferred compensation plan, at the employee’s base hourly rate of pay.
B. Accrued vacation cash out is not to be considered pensionable.
At the end of employment, prorated amounts of vacation shall be credited to the employee's account. Unused vacation time at termination shall be compensated by payment at the employee's base hourly rate of pay. Employees do not accrue vacation during the eighteen month new employee probationary period. The District will credit 12 shifts of vacation to each employee who passes new-hire probation.
5.3 Funeral Leave
All employees shall receive time off without loss of pay, if normally scheduled to work, for a death in the immediate family, beginning from the time of notification of death to the next scheduled day after internment, except however, that such time off without loss of pay is limited to three shifts.
A. Immediate family is defined as spouse, son, daughter, mother, father, sister, brother, legal guardian, mother-in-law, father-in-law, and step relatives (defined as son, daughter, mother, father, sister, or brother).
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B. Employee shall be granted three (3) shifts without loss of pay to attend the funeral of grandparents or grandchildren, brother-in-law, or sister-in-law if scheduled to work on that shift, and time is charged to sick leave or vacation at the employee's discretion.
C. Employees shall be permitted to exchange hours for additional funeral attendance, or preparation not covered by the above paragraph(s) (funeral leave).
D. Funeral leave for an employee working a day schedule shall not exceed forty (40) hours.
5.4 Jury Duty Leave
Any regular employee called for jury duty shall notify the District upon receipt of such notification. Employee shall be on paid jury duty status during jury selection requiring the employee’s physical presence at court and for attendance at trial as a juror. When the employee is released from jury service each day during jury selection and/or trial, the employee must either promptly report to work or use vacation and/or CTO for the balance of the employee’s shift. An employee must immediately return to regular duty as soon as the employee’s jury service ends. Employee returning to duty must notify the Duty Chief immediately upon return.
5.5 Catastrophic Leave
Employees may donate sick, vacation and comp time to another employee who has exhausted his/her sick, vacation and comp time leave due to a catastrophic off-duty event. Once an employee has donated time, it belongs to the recipient and cannot be returned to the donor. Recipients may use donated time pursuant to the leave policy governing the type of leave that was donated to them. Catastrophic leave will not be available for employees who are on Workers Compensation and have exhausted their (4850) benefits.
5.6 Family Leave
The District will provide family leave as provided by law.
5.7 Military Leave
Military leave as defined in State law shall be granted to any regular employee. All employees entitled to Military leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken.
5.8 Worker’s Compensation Leave
Safety employees shall be governed by the provision of Section 4850, et seq. of the Labor Code.
5.9 Court Leave
Employees subpoenaed to appear in court shall be granted a leave of absence with pay from their assigned duty until released by the Court. Employees required to appear in Court other than during their regular tour of duty shall receive a minimum of three (3) hours pay at the overtime rate and shall appear in Class A uniform. The Fire Department, when informed, shall provide appearance information for the employees. This information shall be made available, if known, by 6:00 pm on the last court day preceding the scheduled appearance date of the employee. Employees will be responsible for notifying the Duty Chief after 6:00 pm.
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5.10 Administrative Leave
Attachment B describes the administrative leave allocations for eligible members of the Management Group. Administrative leave must be used during the fiscal year in which it is offered and does not accumulate from year to year. Administrative leave hours have no cash value and may not be cashed-out during or at the end of employment.
6 TERMS AND CONDITIONS OF EMPLOYMENT
6.1 Hours of Work
The weekly duty schedule for employees assigned to a 24 hour shift is a 2 x 4 schedule (48 hours on/96 hours off), with a three (3) platoon system.
The weekly duty schedule for employees assigned to the 40 hour Battalion Chief Assignment is established at the sole discretion of the Fire Chief but could include a 5/8; 9/80 or 4/10 schedule.
6.2 Selection
The 40-hour Battalion Chief shall be selected as the sole discretion of the Fire Chief. Assignment to the 40-hour Battalion Chief Assignment shall not exceed two years unless mutually agreed upon by the Fire Chief and the Chief Officers Association.
6.3 Minimum Staffing
The minimum daily staffing level for the Southern Marin Fire Protection District is fifteen (15) uniformed safety members:
1 - Chief Officer or qualified Acting Chief Officer (This position may be staffed by a Battalion Chief from another agency with which the District has a shared services agreement.)
3 - Company Officers or qualified Acting Company Officers
3 – Engineer-Paramedics or Firefighter-Paramedics
3 – Engineers or Firefighters authorized to drive and operate fire apparatus
5 – Firefighters or Firefighter/Paramedics
6.4 Probationary Period
All newly promoted employees covered by this Memorandum of Understanding shall be required to serve a twelve (12) month at-will probationary period. An employee may be dismissed for any lawful reason during the probationary period without right of appeal to the grievance procedure. An employee who is dismissed from probation earned via promotion shall revert to the rank and salary step held prior to promotion.
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6.5 Physical Fitness
A Physical Fitness Program, referred to as the Wellness/Fitness Initiative, has been devised in an effort to provide a more physically fit employee and to reduce the incidence of compensable industrial injuries. As with any such program, the returns to the employee are in direct proportion to the effort and enthusiasm with which he/she participates in the program. The following procedures and recommendations are based on available medical information and experience and have been developed to promote the general health, welfare, and longevity of District personnel. It is believed that a conditioned and healthy employee will provide a more effective and efficient public emergency service.
6.5.1 Administration
The program would be administered by a bipartite committee of four (4) individuals, two (2) selected by the Fire Chief and two (2) selected by the Association. This Committee will have overall responsibility for administration of the program including recommending program consultants, hearing appeals by employees, recommending alterations, amendments, or individualized exceptions to the Plan and proposing recommended discipline to the Fire Chief for employees who fail to meet prescribed ranges. A quorum of the Committee shall consist of all four (4) Members, and action can only be taken by a majority of the quorum. In regards to discipline, no discipline may be imposed by the Fire Chief which is greater than that agreed upon by the Committee, although the Fire Chief may impose a lesser form of discipline if he/she so elects.
It is further provided that discipline cannot be imposed upon any employee hired prior to July 1, 2002 except if said employees fails to participate in said program by:
A. Failing to show up for scheduled appointments.
B. Does not make a bona fide effort during the testing process.
6.5.2 Injuries
Any injuries suffered by a participant while participating in the program shall be deemed to be industrial and job-related, with the exception of injuries attributable to those activities considered to be primarily recreational such as team sports, skiing, etc.
6.5.3 On-duty Participation
All testing, qualification, re-testing, and any required medical examination or treatment shall be performed while the employee is on-duty, or, if that is not feasible, the employee shall be compensated at the overtime rate.
6.5.4 Physical Prescriptions
Recognizing fiscal limitations, upon employee request and recommendation of the Bipartite Committee, the District shall make available at Employer expense a physical prescription that is directly related to achieving program criteria.
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6.5.5 Physical Fitness Components
Subject to "individualization" of the following elements by the Committee at the request of an employee and/or his/her physician or the Employer (related to the employee's age, height, weight, prior injuries, or any medical limitations); the following components will be included:
1. Resting heart rate;
2. Resting blood pressure;
3. Blood test for cholesterol levels;
4. Body fat measurement;
5. An event determined by the Committee to measure physical agility and limited aerobic capacity;
6. An upper body strength test (consisting, perhaps, of a combination of lifting and dynamometer tests);
7. Test of trunk strength/extension/flexibility.
This test shall be administered annually; if an employee fails to meet prescribed ranges in any of the components listed above, the employee shall be allowed another opportunity to retake and pass the test within four (4) months before any administrative action is proposed or taken against him/her.
6.5.6 Evaluations
Failure of an employee to successfully meet the program criteria shall not, in and of itself, constitute grounds for an adverse personnel evaluation.
All parties should recognize that this undertaking may need alteration, amendments, and revisions as it goes along and that should be understood to be the basic responsibility of the Bipartite committee, obviously subject to that requirement that if any substantial changes are proposed in the program format, that would constitute an item for meet and confer between the Employer and the Association.
6.5.7 Administrative Leave
Any employee relieved of duty based upon findings in the annual Occupational Medicine physical evaluation shall be covered by the District for absences up to thirty (30) shifts without any use of the employee’s sick leave or vacation leave.
6.6 Disciplinary Action
The District may discipline an employee for just cause. The District applies the principle of progressive discipline, which means that it first uses less severe forms of discipline to correct misconduct and advances to more serious forms of discipline for repeated misconduct. However, some misconduct is sufficiently serious that it justifies a significant penalty up to and including employment termination for the first offense. The District will comply with the Firefighters Procedural Bill of Rights Act to the extent required by law in its administration of employee disciplinary actions. Examples of just cause include but are not limited to the following:
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A. Violation of the law.
B. Substance abuse as defined in District policy.
C. Use of drugs and/or alcohol on duty.
D. Neglect of duty.
E. Disobedience of or failure to comply with District orders as defined herein.
F. Absence from duty without leave.
G. Conduct unbecoming an employee of the District which might be detrimental to the service.
H. Accepting or soliciting a bribe.
I. Immoral acts.
J. Appropriating any lost, found, stolen, District or evidence property to their own use.
K. Falsification of reports, records, or communications.
L. Improper political activity that may conflict with District’s mission statement.
M. Feigning sickness or injury to escape duty.
N. Rough or careless handling of District property.
O. Insubordination.
P. Dishonesty.
Q. Incompetence or non-performance of duty.
R. Any other act or omission contrary to the good order and discipline of the District and/or which violates any District rules, policies, or other governing documents.
6.7 Grievance Procedure
A. Definition:
1. A grievance is any dispute which involves (1) the interpretation or application of any provisions of this Memorandum of Understanding; or (2) the interpretation or application of rules, regulations, resolutions, ordinances and existing practices concerning negotiable terms or conditions of employment.
2. Disciplinary appeal procedures shall comply with the Firefighters Procedural Bill of Rights Act and applicable due process case law.
3. A grievance may be filed by (1) an employee who has been injured by any of the actions listed in paragraph 1 above, (2) jointly by any group of employees who have been injured by
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any of the actions listed in paragraph 1 above, or (3) by the employee organization when the District has taken any of the actions listed in paragraph 1 above.
B. Informal Grievance:
1. Within seven (7) calendar days of the event giving rise to the grievance, the grievant shall present the grievance informally for disposition to his/her immediate supervisor.
2. Presentation of an informal grievance shall be a prerequisite to the institution of a formal grievance.
C. Formal Grievance:
1. If the grievant believes that the grievance has not been resolved in the informal grievance process, the grievant may file a formal grievance within five (5) calendar days of receiving the immediate supervisor’s response to the informal grievance. This formal grievance shall state in writing the nature of the problem and the desired remedy, and shall be submitted to the Chief of the Department.
2. Step 1: Within two (2) working days of receipt of the formal grievance, the Chief of the Department or two designees shall meet with two members of the Union in an effort to ascertain all facts connected with the grievance. Within ten (10) calendar days of said appointment, the parties shall meet together, investigate the grievance, and attempt to reach an agreement on the disposition of the grievance.
3. Step 2: If the decision of the Chief of the Department resolves the grievance to the satisfaction of the grievant, the matter shall be considered resolved. If the decision of the Chief of the Department does not resolve the grievance to the satisfaction of the grievant, the grievant may, within five (5) calendar days of being notified of the Chief of the Department's decision, appeal the matter in writing to the Chief of the Department, requesting one of the following methods of disposition:
a. Appointment of a panel consisting of one representative of the Chief of the Department, one representative of the grievant, and one representative of the State Conciliation Service; or
b. Appointment of a panel consisting of one representative of the Chief of the Department and one representative of the grievant. This panel shall mutually select an impartial arbitrator. Arbitration is final and binding.
D. General Conditions:
1. Any time limit may be extended only by mutual agreement in writing.
2. Any aggrieved employee may be represented by any person or organization of his/her choice at any stage of the proceedings.
3. All expenses of arbitration shall be shared equally by each party.
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4. Failure on the part of the District or grievant to appear in any case before an arbitrator, without good cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration.
5. The decision of the Arbitrator or the Panel, whichever shall have been selected by grievant, shall be final and binding on all parties, subject to ratification by the Board of Directors if the decision requires an unbudgeted expenditure.
6.8 Representatives
The District will provide reasonable paid release time to an authorized Union representative selected by an employee to represent that employee during a grievance. The representative must be available to represent the employee as required by law, or the employee must select another representative. The representative will obtain approval from the Fire Chief or the Chief’s designee before leaving duty to perform any work to represent the employee.
6.9 Drug and Alcohol Prohibition
Employees are subject to the District’s drug and alcohol policy.
6.10 Common Mess or On-Duty Meals
All employees on each shift at each station shall attend an organized mess at the station for consumption of meals. Employees shall contribute in equal shares for the cost of such meals up to $40 for a 48 hour shift. The department shall not be responsible in any manner for the cost of such meals, for the preparation thereof, for the collection of any funds or for the enforcement of or any other costs connected to this section.
7 RETIREMENT
The District is a member of the Marin County Employees Retirement System for the purpose of providing retirement benefits for employees hired by Southern Marin Fire Protection District.
Tier 1 The formula Plan for employees hired prior to July 1, 2005 shall be the “3% @ 50” under G.C. Section 31664.1 calculated on single highest year, with 4% cost of living allowance.
Tier 2 The formula plan for employees hired on or after July 1, 2005 and before January 1, 2013 or hired before August 1, 2013 and with prior membership in a reciprocal plan prior to January 1, 2013 shall be “3% @ 55” under G.C. Section 31664.2 calculated on single highest year, with 4% cost of living allowance.
Tier 2A The formula plan for employees hired on or after August 1, 2013 with prior service in a reciprocal plan retirement prior to January 1, 2013 shall be at the 3% @ 55 under G.C. Section 31664.2 calculated on single highest consecutive three (3) years with 3% cost of living allowance.
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Tier 3 The formula plan for employees hired on or after January 1, 2013 and prior to August 1, 2013 without prior service or without membership in a reciprocal retirement plan prior to January 1, 2013 shall be at the “2.7% @ 57” as defined under the California Public Employees’ Pension Reform Act calculated on highest consecutive three (3) years with 4% cost of living allowance.
Tier 3A The formula plan for employees hired after August 1, 2013 without prior service or without membership in a reciprocal retirement plan prior to January 1, 2013 shall be at the “2.7% @ 57” as defined under the California Public Employees’ Pension Reform Act calculated on highest consecutive three (3) years with 3% cost of living allowance.
The employee shall be solely responsible the employee share of retirement cost.
7.1 Medical Coverage after Retirement
A. Full-Time Employees Hired or Promoted by the District Before July 1, 2001, and Retiring from the District Through the Marin County Employees’ Retirement Association (“MCERA”)
1. Service Credit Calculation
For purposes of this Section 7.1(A), the following shall be considered as service credit with the District:
a. Service credit with the Alto-Richardson Bay Fire Protection District;
b. Service credit with the Tamalpais Fire Protection District; and/or
c. Service credit with the City of Mill Valley for employees hired by the Tamalpais Fire Protection District on July 1, 1994.
2. Employees with a Minimum of 5 Years’ Service Credit with the District
Full time employees who have 5 years’ service credit with the District, as defined in Sections 7.1(A)(1), and who retire from the District through MCERA, shall receive the following benefit:
a. District shall provide 100% of the cost of “employee only” coverage in the lowest cost Kaiser Plan, as provided by MCERA, for the remainder of the employee’s life.
3. Employees with a Minimum of 15 Years’ Service Credit with the District
Full time employees who have 15 years’ service credit with the District, as defined in Section 7.1.(A)(1), and who retire from the District through MCERA, shall receive the following benefit:
a. In addition to the benefit provide pursuant to Section 7.1(A)(2), District shall provide 100% of the cost of Kaiser spousal medical coverage ( Kaiser “Plus 1” rate) in the lowest cost Kaiser Plan, as provided by MCERA, for the remainder of the spouse’s life. This benefit is limited to a member’s spouse at the date of
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retirement. Upon the death of a former employee, the spouse shall receive said medical coverage at the Kaiser “Single Rate.”
4. Mandatory Use of Medicare
Retirees and their spouses who are age 65 or older and have Medicare must use Medicare as their primary medical insurance as described in MCERA’s Medicare Fact Sheet, or other publication(s), as may be amended by MCERA from time to time.
B. Full Time Employees Hired by the District Between July 1, 2001 And January 1, 2014 And Retiring From The District Through The Marin County Employees' Retirement Association ("MCERA")
1. Service Credit Calculation
For purposes of this Section 7.1(B), the following shall be considered as service credit with the District:
a. Service credit with the Alto-Richardson Bay Fire Protection District;
b. Service credit with the Tamalpais Fire Protection District; and/or
c. Service credit with the City of Mill Valley for employees hired by the Tamalpais Fire Protection District on July 1, 1994.
2. Employees with a Minimum of 10 Years’ Service Credit with the District
Full time employees hired by the District between July 1, 2001 and June 30, 2010 who have 10 years' service credit with the District, as defined in Sections 7(B)(1), and 7(B)(2) and who retire from the District through MCERA, shall receive the following benefit:
a. District shall provide 5% of the cost of “employee only” coverage per years served up to a total of 100% of the cost of coverage in the lowest cost Kaiser Plan, as provided by MCERA, for the remainder of the employee’s life.
b. For the purposes of Section 7(B)(2) only, for employees hired by the District as a result of the Agreement between the City of Sausalito and the District effective on or about April 25, 2006, once the employee has worked for the District for a minimum of 10 years, years worked for the City of Sausalito shall be included in the total number of years of service credit.
3. Employees with a Minimum of 30 Years' Service Credit with the District
Full time employees hired by the District between July 1, 2001 and June 30, 2010 who have 30 years’ service credit with the District, as defined in Section 7(B)(1) only, and who retire from the Distric through MCERA, shall receive the following benefit:
a. In addition to the benefit pursuant to Section 7(B)(2), District shall provide 100% of the cost of Kaiser spousal medical coverage in the lowest cost Kaiser Plan, as provided by MCERA, for the remainder of the spouse’s life. This benefit is limited to a member’s spouse at the time
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of retirement. Upon the death of a former employee, the spouse shall receive said medical coverage at the Kaiser “Single Rate.”
4. Mandatory Use of Medicare
Retirees and their spouses who are age 65 or older and have Medicare must use Medicare as their primary medical insurance as described in MCERA’s Medicare Fact Sheet, or other publication(s), as may be amended by MCERA from time to time.
C. Full-Time Employees Hired by the District on or After July 1, 2010, and Retiring from the District Through the Marin County Employees’ Retirement Association (“MCERA”)
1. Employees Hired by the District as a Result of the June 26, 2012 Annexation of Sausalito into the District
Full time employees hired by the District as a result of the June 26, 2012 annexation of Sausalito into the District, and who retire from the District through MCERA, shall receive the following benefit:
a. If an employee has achieved a minimum of 10 years’ service credit with the District, the District shall provide 5% of the cost of Kaiser “employee-only” coverage per year served up to a total of 100% of the cost of coverage in the lowest cost Kaiser Plan, as provided by MCERA, for the remainder of the employee’s life.
b. For purposes of Section 7.1(C)(1)(a) only, service credit shall include years of service with the City of Sausalito. As an example, if an employee retires with 10 years of service with the District and 10 years of service with the City of Sausalito and was hired as a result of the annexation, the employee would have 20 years of service credit and would therefore receive 100% of the Kaiser “employee-only plan” cost.
c. Retirees who are age 65 or older and have Medicare must use Medicare as their primary medical insurance as described in MCERA’s Medicare Fact Sheet, or other publications(s) as may be amended by MCERA from time to time.
D. R.H.S. Plan for Employees Hired by the District on or after January 1, 2014
Instead of providing retiree medical insurance as described above for employees hired before 2014, the District shall establish Retiree Health Savings (“RHS”) Accounts pursuant to Federal tax law through ICMA for each employee hired on or after January 1, 2014. Each pay period, the District shall make an employer contribution equal to 2% of each employee’s base hourly wages into the employee’s RHS Account. This employer contribution shall be effective retroactive back to each employee’s date of hire.
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Effective the first full pay period after ICMA establishes RHS Accounts for existing employees hired on or after January 1, 2014, the District shall make a one-time, lump sum payment equal to 1% of the employee’s base hourly wages from the employee’s date of hire to December 31, 2015.
8 STRIKES AND LOCKOUTS
During the term of this Agreement the employer agrees that it will not lockout employees, and the Association agrees that it will not, encourage, or approve any strikes, slowdowns, or other work stoppage growing out of any dispute relating to the terms of this agreement.
Each party consents to and waives any defenses against an injunctive action by the other party to restrain any violation of this article.
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9 DURATION OF AGREEMENT
This agreement shall be effective as of the first day of July 2014, and shall remain in full force and effect until the 30' day of June 2018.
The following parties hereby have executed this Memorandum of Understanding effective July 1st, 2013.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN MARIN FIRE PROTECTION DISTRICT RATIFYING THE EMPLOYMENT AGREEMENT
BETWEEN THE SOUTHERN MARIN FIRE PROTECTION DISTRICT AND THE NON-SWORN ADMINISTRATIVE STAFF
WHEREAS, the Non-Sworn Administrative Staff (“NSAS”) is the formally recognized employee organization of the Non-Sworn Administration Staff representation unit; and
WHEREAS, the Association members provide valuable administrative services to the Southern Marin Fire Protection District; and
WHEREAS, the District, via its representative, has negotiated with the Association regarding adjustments to the salary and benefits of Association members; and
WHEREAS, the Board of Directors finds that salary and benefits for the Association members, as described in the Memorandum of Understanding attached hereto as Exhibit A, are necessary to maintain a competitive salary and benefit plan and effectively retain District employees;
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. The President of the Board of the Directors is authorized to execute theMemorandum of Understanding attached hereto as Exhibit A and bind theDistrict to the terms thereof.
PASSED AND ADOPTED by the Board of Directors of the Southern Marin Fire Protection District, County of Marin, State of California, this 27th day of September, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________ President, Board of Directors
Attest: Clerk to the Board
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Southern Marin Fire Protection District 308 Reed Boulevard Mill Valley, California 94941
Phone: 415 388-8182 Fax: 415 388-8181
Date
I, Christian Tubbs, Fire Chief of the Southern Marin Fire Protection District, understand the current and future costs of the Memorandum of Agreement between the Southern Marin Fire Protection District and the Non-Sworn Administrative Staff approved by the Board of Directors on ~~2.,,
12Dll
Christian Tubbs, Fire Chief Southern Marin Fire Protection District
Management Resolution – Southern Marin Fire District
SALARIES & BENEFITS
Between
Southern Marin Fire Protection
District And
Non-Sworn Administrative Staff (NSAS)
Wages and Compensation, Benefits, Working Conditions
July 1, 2017
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Definitions
Article I: Represented Positions
Article II: Term
Article III: Salary Schedule
Article IV: Salary Step Requirements for Represented Classifications
i. Administrative Services Aide ii. Finance Manager
iii. Human Resource Manager
Article V: Benefits
Article VI: Leaves
Article VII: Retirement
Article VIII: Driver’s License Requirements
Article IX: Discipline
Article X: Existing District Personnel Rules, Policies and Procedures Article XI: Probation
TABLE OF CONTENTS:
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MANAGEMENT RESOLUTION
This Agreement is between the SOUTHERN MARIN FIRE PROTECTION DISTRICT (“District”) and the Non-Sworn Administrative Staff (“Staff”) positions.
Comparables: Refers to a collection of similar sized agencies of similar services. Used as a mechanism to compare the SMFD with other similar agencies.
District: Refers to the Southern Marin Fire District.
Fulltime: An employee who works (30) thirty or more hours per week. This is based on IRS definition and is used for the purposes of determining when the employer is legally required to provide Health Care Insurance.
Staff: Refers to employees of the Southern Marin Fire District listed in this Resolution only.
The Non-Sworn Administrative Staff consists of the following positions: Administrative Services Aide Finance Manager Human Resource Manager
This compensation document shall be in effect beginning July 1, 2016, and until modified by the Board of Directors.
DEFINITIONS
ARTICLE I APPLICABLE POSITIONS
ARTICLE II - TERM
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The following salary schedule applies to all classifications covered by this document, effective July 1, 2016.
ARTICLE III – SALARY SCHEDULE
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Effective July 1, 2016 Effective July 1, 2017
Full-Time Position Type Monthly Base Salary Monthly Base Salary Administrative Services Aide Step 1 Non-Sworn $4,098 .00 $4,200 .00 Administrative Services Aide Step 2 $4,507.00 $4,620 .00 Administrative Services Aide Step 3 $4,958.00 $5,082 .00
Full-Time Position Monthly Base Salary Monthly Base Salary Finance Manager, Step 1 Non-Sworn $8,400.00 $8,820 .00
Finance Manager, Step 2 $8,820 .00 $9,261.00
Finance Manager, Step 3 $9,261.00 $9,724.00 Full-Time Position Monthly Base Salary Monthly Base Salary
HR Manager, Step 1 Non-Sworn $8,820 .00
HR Manager, Step 2 $9,261.00
HR Manager, Step 3 $9,724.00
Management Resolution – Southern Marin Fire District
ARTICLE IV – SALARY STEP REQUIREMENTS
A. Administrative Services Aide
Administrative Services Aide
Requirements
Administrative Services Aide – Step 1 The first step of each range is the minimum rate and should normally be the hiring rate for the class. In cases where it is difficult to locate qualified personnel, or if a person of unusual qualifications is employed, the Board of Directors may authorize original appointment, reinstatement or re-employment at any step other than the first step. A department manager or other management or supervisory employee shall not make any salary commitment to an applicant in excess of the first step without first submitting written justification to and receiving written approval from the Board of Directors in advance of any such salary offer.
Administrative Services Aide – Step 2 Employees shall be granted this adjustment after the completion of twelve (12) months of continuous satisfactory service on a probationary appointment. Normally, an employee whose work does not justify advancement to the second step should be released.
Administrative Services Aide – Step 3 The third step is the rate at which a fully qualified, experienced and ordinarily conscientious employee s h o u l d be paid. Employees who have performed at satisfactory levels in a given classification for a period of one (1) year of continuous service in Step 2 shall be granted this step.
A. Performance. The employee may receive a mid-year check-in with their immediate supervisor regarding performance. Poor performance may affect any wage increase. The purpose of the mid-year check in is to ensure that there are no performance issues that would impact the prescribed pay increase. If the employee does not receive a mid-year check-in, the employee may request one. The absence of any mid-year check-in shall not be deemed an indication of satisfactory performance by the employee.
B. Comparable Equity. The District seeks to remain a competitive employer. The District will review similar position comparables every year. The Board will have the authority to make wage modifications based on any discrepancy for comparable positions.
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B. Finance Manager
Position Requirements Finance Manager – Step 1
The first step of each range is the minimum rate and should normally be the hiring rate for the class. In cases where it is difficult to locate qualified personnel, or if a person of unusual qualifications is employed, the Board of Directors may authorize original appointment, reinstatement or re-employment at any step other than the first step. A department manager or other management or supervisory employee shall not make any salary commitment to an applicant in excess of the first step without first submitting written justification to and receiving written approval from the Board of Directors in advance of any such salary offer.
Finance Manager – Step 2
Employees shall be granted this adjustment after the completion of twelve (12) months of continuous satisfactory service on a probationary appointment. Normally, an employee whose work does not justify advancement to the second step should be released.
Finance Manager – Step 3
Employees shall be granted this adjustment after the completion of twelve (12) months of continuous satisfactory service on a probationary appointment. Normally, an employee whose work does not justify advancement to the second step should be released.
A. Performance. The employee may receive a mid-year check-in with their immediate supervisor regarding performance. Poor performance may affect any wage increase. The purpose of the mid-year check in is to ensure that there are no performance issues that would impact the prescribed pay increase. If the employee does not receive a mid-year check-in, the employee may request one. The absence of any mid-year check-in shall not be deemed an indication of satisfactory performance by the employee.
B. Comparable Equity. The District seeks to remain a competitive employer. The District will review similar position comparables every year. The Board will have the authority to make wage modifications based on any discrepancy for comparable positions.
ARTICLE IV – SALARY STEP REQUIREMENTS, CON’T
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C. Human Resource Manager
Position Requirements
Human Resource Manager – Step 1
The first step of each range is the minimum rate and should normally be the hiring rate for the class. In cases where it is difficult to locate qualified personnel, or if a person of unusual qualifications is employed, the Board of Directors may authorize original appointment, reinstatement or re-employment at any step other than the first step. A department manager or other management or supervisory employee shall not make any salary commitment to an applicant in excess of the first step without first submitting written justification to and receiving written approval from the Board of Directors in advance of any such salary offer. This position requires a Bachelor’s Degree.
Human Resource Manager – Step 2
Employees shall be granted this adjustment after the completion of twelve (12) months of continuous satisfactory service on a probationary appointment. Normally, an employee whose work does not justify advancement to the second step should be released.
Human Resource Manager – Step 3
Employees shall be granted this adjustment after the completion of twelve (12) months of continuous satisfactory service on a probationary appointment. Normally, an employee whose work does not justify advancement to the second step should be released.
A. Performance. The employee may receive a mid-year check-in with their immediate supervisor regarding performance. Poor performance may affect any wage increase. The purpose of the mid-year check in is to ensure that there are no performance issues that would impact the prescribed pay increase. If the employee does not receive a mid-year check-in, the employee may request one. The absence of any mid-year check-in shall not be deemed an indication of satisfactory performance by the employee.
B. Comparable Equity. The District seeks to remain a competitive employer. The District will review similar position comparables every year. The Board will have the authority to make wage modifications based on any discrepancy for comparable positions.
ARTICLE IV – SALARY STEP REQUIREMENTS, CON’T
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1. Health Insurance - Medical
a. Medical insurance shall be carried through the Kaiser Foundation Health Plan, Inc., coverage "S" for all employees covered by this Resolution, and their dependents. Said coverage shall be paid by the District.
b. The District recognizes as additional health care plan options: Blue Cross-Fee for
Service, Blue Cross Prudent and
c. Buyer Classic Plan V. The cost of these options over and above the cost of the Kaiser Plan, family rate, is to be borne by the employee.
d. As of July 1, 2005, the District will pay directly to the employee the cost of
providing medical insurance through the Kaiser Foundation Health Plan, Inc. (Single employee rate only) if the employee: (a) withdraws himself/herself from the health coverage provided by the District; (b) signs a waiver which ensures a complete understanding of the employee’s choice; and (c) provides the District with written proof of that employee’s enrollment in or coverage under a health insurance plan that meets or exceeds the ‘minimum essential’ and ‘affordable’ guidelines set forth in the Patient Protection and Affordable Care Act of 2010, as amended
2. Medical Insurance after Retirement – Miscellaneous Employees Tier 1: Members hired
prior to January 1, 2013:
a. The District shall provide service credit towards employee only medical coverage at normal service connected retirement, provided an employee has achieved a minimum of 10 years employment with the Southern Marin Fire Protection District for a total combined service time of not less than 20 years, having been hired as the result of 1. the Agreement Between the City of Sausalito and Southern Marin Fire Protection District, effective on or about April 25, 2006, or 2. as the result of the City of Mill Valley/Tamalpais Fire Protection District Joint Powers Agreement (1980-1994), but said employee retires not having achieved combined employment of sufficient duration to qualify for 100% of medical benefits for employee only, as then provided by the Marin County Employees’ Retirement Association, (MCERA), the District will contribute to MCERA, in employee’s behalf, an amount of money equal to that amount necessary for employee to receive 100% of medical benefits for employee only, as then provided by MCERA, at the rate(s) then applicable according to Kaiser Permanente premiums.
b. The District is a member of the Marin County Employees’ Retirement Association
ARTICLE V - BENEFITS
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for the purpose of providing retirement benefits for employees hired by Southern Marin Fire Protection District.
3. Medical Insurance after Retirement - Miscellaneous Employees Tier 2: Members hired on or after January 1, 2013:
Instead of providing retiree medical insurance as described above for miscellaneous employees hired before 2013, the District shall establish Retiree Health Savings (“RHS”) Accounts pursuant to Federal tax law through ICMA for each employee hired on or after January 1, 2013. Each pay period, the District shall make an employer contribution equal to 2% of each employee’s base hourly wages into the employee’s RHS Account. This employer contribution shall be effective retroactive back to each employee’s date of hire.
Effective the first full pay period after ICMA establishes RHS Accounts for existing employees hired on or after January 1, 2013, the District shall make a one-time, lump sum payment equal to 1% of the employee’s base hourly wages from the employee’s date of hire to December 31, 2015.
4. Dental Insurance, All Tiers a. Dental Insurance shall be carried by Delta Dental. This plan covers all employees
represented by this Resolution, and their dependents. Premium costs for dental insurance shall be paid by the District.
b. As of July 1, 2005, the District will pay directly to the employee the cost of
providing dental insurance through Delta Dental (Single employee rate only) if the employee withdraws himself/herself from the dental coverage provided by the District and signs a waiver which ensures a complete understanding of the employee’s choice.
5. Vision Insurance
a. The District shall pay 100% of the premium for vision coverage for employees represented by this Resolution, and their dependents.
6. Life Insurance, All Tiers
a. The District agrees to contribute seven dollars and fifteen cents ($7.15) per month toward life insurance plan(s) and the District shall deduct the remaining required premium from the employee’s paycheck. Employees will be responsible for the full premium amount of additional voluntary life insurance coverage through the District plan.
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7. Long Term Disability a. The District will provide a California Association of Professional Firefighters long-
term disability plan for each employee.
8. Long-term Care a. The District will provide a California Association of Professional Firefighters long-
term care plan for each employee.
9. Life and Accidental Death Insurance a. Probationary and regular employees shall receive a Life & Accidental Death
insurance policy paid by the District. Said insurance policy shall be fifty thousand dollars ($50,000) per employee.
10. Employee Assistance Program (EAP)
a. The District reserves the exclusive right to enter into an Employee Assistance Program and it is subject to annual review. The current EAP program through the Managed Health Network (MHN) offers 8 counseling sessions per incident, per year for all employees and their dependents along with on-line services.
11. Deferred Compensation
a. The District will contribute a total of 5% of the employee’s base salary to the Deferred Compensation Plan. In the event future revenue projections fail to meet current expectations, the District reserves the right to re-negotiate said contribution to the employee’s Deferred Compensation Plan.
This section includes descriptions for the different type of leave programs available to represented members.
1. Administrative Leave
a. The Administrative Services Aide and the Human Resource Manager shall receive 50 hours of Administrative Leave per fiscal year.
b. The Finance Manager shall receive 40 hours of Administrative Leave per fiscal year.
c. Except as provided above, no additional Administrative Leave shall be paid
during the term of this agreement.
ARTICLE VI - LEAVES
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2. Funeral Leave a. In the event of a death in the immediate family of an employee who has one
(1) or more years of seniority, employee shall, upon request, be granted such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exceed three (3) regularly scheduled working days.
b. This provision does not apply if the death occurs during the employee's paid vacation, or while the employee is on leave of absence, layoff, or sick leave.
c. For the purposes of this provision, the immediate family shall be restricted to
father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, stepchildren, grandparents and grandchildren. Substantiation of the death may be required by the department manager.
d. Funeral leave applies only in instances in which the employee attends the
funeral, or is required to make funeral arrangements, but is not applicable for other purposes such as settling the estate of the deceased.
3. Leave Without Pay
a. The Board may grant an employee leave of absence without pay for a period not to exceed one (1) year, whenever such leave is considered to be in the best interest of the service. Such leave shall be requested in writing by the employee, and shall require written approval by the Fire Chief and the Board. Upon expiration of a regularly approved leave without pay, the employee shall return to the position held at the time leave was granted.
b. During an approved leave of absence the employee shall not engage in gainful employment unless authorized to do so by the written permission for such leave.
4. Worker's Compensation Leave a. Whenever a non-safety employee is required to be off work as the result of an
injury or illness directly traceable to District employment, employee shall receive full pay for the time he/she is disabled up to a maximum period of sixty (60) calendar days for any one (1) period of such illness or injury; p r o v i d e d that any money which he/she receives for such illness or injury from the Workmen's Compensation Insurance carrier is deposited with the District.
5. Leave to Serve on Jury Duty or as a Witness at a Trial:
a. Whenever an employee is required during normal working hours to serve as a juror, or as a witness at a trial not involving District business, he/she shall be
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granted leave for such purpose upon presentation of a jury notice to the Department Manager.
b. Employee shall receive pay for time served on the jury, or as a witness, provided that any money the employee receives for such duty is deposited with the District.
6. FMLA leave is available for member use under the following circumstances, as
defined by 29 USC § 2612, Government Code § 12945.1 and Government Code § 12945.2:
• The birth or placement of a child for adoption or foster care.
• To care for an immediate family member (spouse, child, parent, or legally registered domestic partner) with a serious health condition.
• When an employee is unable to work because of his/her own serious health condition. • To care for a spouse, son, daughter, parent or next of kin service member of the United States Armed Forces, who has a serious injury or illness incurred in the line of duty.
7. Sick Leave
a. Sick leave with pay shall be granted to fulltime employees at the rate of (1) working day (96 hours annually) for each full calendar month of service.
i. The Finance Manager shall accrue at the rate of 77 hours annually.
b. Sick leave shall be charged at the rate of one (1) day or shift for each normal workday's absence. Sick leave may be taken for absences from duty made necessary by:
i. Personal illness or physical incapacity, caused by factors over which the employee has no reasonable immediate control.
ii. Injury not incurred in line of duty, except where traceable to employment by an employer other than the District.
iii. Medical, dental or eye examinations or treatment for which an
appointment cannot be made outside of working hours.
c. Special leave with pay may be taken and charged against sick leave credits for:
i. Hospitalization of a member of the immediate family, or any member
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of an employee's household for whom the employee is entitled to claim an exemption under the Federal income tax laws, or
ii. Care of a member of the immediate family who is critically ill or injured, though not hospitalized, where such leave is approved by the Fire Chief.
d. An employee who absents herself/himself from duty on sick or special leave
shall notify the Fire Chief or such other person as department rules may provide, one hour prior to the start of the first day of absence, of the reasons for requiring such leave, and failure to do so may be grounds for denial of such leaves without pay for the period of absence.
e. Each such absence shall be reported by the department to the Secretary, where
proper records shall be maintained of all absences.
f. Holidays and regular days off occurring when an employee is on sick or special leave shall not be charged against such employee's sick leave credits.
g. Sick leave shall automatically terminate on the date of retirement of the
employee or on the date on which an ordinary disability allowance under the retirement system becomes effective.
h. Proof of Illness: In any request for sick leave with pay for three (3) or more calendar days, the Fire Chief may require a statement in writing signed by a regularly licensed physician, or the submission of other substantiating evidence that the employee is incapacitated and unable to perform her/his duties.
i. In the event of retirement, death or resignation from employment with the
District, after ten (10) years of service, the employee or the employee’s estate, in the case of death, shall receive a cash payment equivalent to 35% of the employee’s accumulated but unused sick leave plus 1.66% for each year of service up to 25 years when the individual would receive the maximum payment of 60% of the unused sick leave. There would be an unlimited accrual of sick leave hours.
j. After July 1, 2013, administrative employees shall receive employment service
credit, for retirement purposes only, for the remaining 40% of hour’s accrued unused sick leave after the Sick Leave Payout in the previous paragraph. This section shall not apply to employees who are discharged for cause or who resign in-lieu of being discharged for cause.
k. This section shall not apply to employees who are discharged for cause or who
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resign in-lieu of being discharged for cause.
8. Office Holidays
a. Every day appointed by the President of the United States or the Governor of the State of California and observed by employees of the Federal or State government for public fast, Thanksgiving or holiday.
b. When a holiday falls on a Sunday, the following Monday shall be observed as
a holiday. When a holiday falls on a Saturday, employees shall receive an extra day off which shall be added to their accumulated vacation balances.
c. Paid holidays for management and administrative support staff members are: New Year's Day (First day of January) Martin Luther King's Birthday (Third Monday in January) Lincoln's Birthday (Twelfth of February) Washington's Birthday (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (Fourth day of July) Labor Day (First Monday in September) Admission Day (Ninth of September) Columbus Day (Second Monday in October) Veterans Day (Eleventh day of November) Thanksgiving (Fourth Thursday in November) Day after Thanksgiving (Fourth Friday in November) Christmas Day (Twenty-fifth day of December)
9. Vacation
a. Vacation leave with pay shall be credited to the fulltime staff employees at the following rate for each full year of service. Vacation shall be accrued during the probationary period; however, no vacation time off shall be used during the original probationary period.
Administrative Services Aide, Human Resource Manager
One to 5 years of service 110 hours 6 - 15 years of service 160 hours 16 - 20 years of service 208 hours 21 years and service and up 248 hours
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Finance Manager
One to 5 years of service 88 hours 6 - 15 years of service 127 hours 16 - 20 years of service 165 hours 21 years and service and up 197 hours
10. Vacation Cash Out
a. At termination of an employee, fractional periods of vacation shall be figured and credited to the administrative employee's account. Unused vacation time at termination shall be compensated by payment at the employee's rate of pay at the time of termination.
b. No vacation time is due to any employee who is terminated prior to being certified as a permanent employee.
1. Tier 1 - Miscellaneous Employees Full time employees hired prior to January 1, 2013, shall be eligible for retirement benefits through the Marin County Public Employee’s Retirement Agency (MCERA) as follows:
a. 2.7% @ age 55 b. Annual Cost of Living Adjustment not to exceed 4% c. Highest 12 month period for determining final compensation for retirement
pay.
2. Tier 2 - Miscellaneous Employees Full time employees hired after January 1, 2013 shall be eligible for retirement benefits through the Marin County Public Employee’s Retirement Agency (MCERA) as follows:
a. Retirement pay rate of 2% at 62 years of age b. Annual Cost of Living Adjustment (COLA) not to exceed 4% c. Three (3) year average of compensation for determining final compensation
for retirement pay. 3. Following 30 years of contributions of MCERA, employer and member contributions
cease.
ARTICLE VII - RETIREMENT
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Members are required to possess a valid California Driver License.
This Resolution is not intended to be, and is not, a contract for employment between the District and the employees listed herein. Employees covered by this resolution are employees “at will,” do not have a property right in their employment, and are exempt from any civil service rules governing termination or providing such rights or protections. The District may dismiss, suspend, or demote an employee for any reason or for no reason at all, subject only to those written District personnel rules, policies and procedures in effect at the time of adoption of this Resolution, or as are specifically adopted in conjunction with this Resolution.
All terms and conditions of employment established by written District personnel rules, policies and procedures in effect at the time of adoption of this document, or as are specifically adopted in conjunction with this Resolution, shall remain in full force and effect unless and until changed in accordance with State law.
ARTICLE XI- PROBATION All newly hired employees covered by this Resolution shall be required to serve an eighteen-(18) month probationary period.
ARTICLE VIII – DRIVER LICENSE REQUIREMENTS
ARTICLE IX- DISCIPLINE
ARTICLE X- EXISTING DISTRICT PERSONNEL RULES, POLICES AND PROCEDURES
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Southern Marin Fire Protection District
Board of Directors Cathryn Hilliard, President
Thomas Perazzo, Vice President Stephen Willis - Dan St. John – Kurt Chun – Christine Waldeck – Peter Fleming
Date: September 22, 2017
Topic: Probationary Firefighters Moving to Permanent Status
Recommendation Effective October 11, 2017: Board approval to advance the following employees from probationary to permanent status:
Samuel Elliott Chapman Michael Ford Nicholas Falcetti-Young Frank Schonig
Approved by:
Christian Tubbs
Christian Tubbs Fire Chief
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New Business Item - Staff Report
Date September 27, 2017
Topic Exemption request for fire hydrant upgrade as required by SMFD ordinance 2016-17-22
Recommendation Staff recommends the consideration of a pardon granted for the requirement of a fire hydrant upgrade, according to ordinance 2017-17- 22 on the grounds of financial hardship.
Summary On June 9, 2015 Miss Campbell submitted a plan for a large remodel (>50%) remodel for a condo in Sausalito. Funding was secured as well as a credit line for reasonable unexpected cost overruns. During the project, several contractors took advantage of the project with faulty charges and substandard work which resulted in the project going over budget more than 100%. Miss Campbell is claiming she is in financial hardship and unable to complete the project which includes the upgrade to an existing fire hydrant located at 79 Lincoln Drive, Sausalito.
Background Miss Jeanine Campbell submitted plans to SMFD on September 9, 2013 for the remodel of a town house originally constructed in 1975 with a subsequent remodel in 1986. In 2015, Miss Campbell submitted plans to revise and updated her townhouse due to extensive dry rot and lack of insulation in most of the walls, replacement and upgrade to her single pane windows to a double pane window for better insulation value and fire protection. Miss Campbell had an original budget of $120,000 as well as an equity line of credit in the amount of $150,000. During construction Miss Campbell claims she was the recipient of fraudulent charges, poor construction that did not pass inspection, kitchen work that was not done correctly and smooth wall with painting the needed to be redone. Miss Campbell claims she completely exhausted the $120k plus the $150k credit line and has had to lien her car and borrow money from her parents to get the project to where it is today. The project is still not complete and her building permit will no longer be valid after September 23rd. Miss Campbell has provided a letter, photos, current financial statements and receipts of the project for your review.
Included in this report is a letter from Kenneth Henry Building Inspector, for the City of Sausalito which suggests the vitality of Miss Campbell’s claims.
Currently there is an existing fire hydrant located at 79 Lincoln Drive that services Miss Campbell’s property however, the fire hydrant is deficient in the number of ports we now require for water supply.
Southern Marin Fire Protection District
Board of Directors Cathryn Hilliard, President
Thomas Perazzo, Vice President Stephen Willis - Dan St. John – Kurt Chun – Christine Waldeck – Peter Fleming
160
Our current Fire Ordinance 2016-17-22 section 507.5.7 states, when additions or modifications to structures are made, the nearest fire hydrant (if a new one is not required) located by the Chief of their designee, shall be upgraded to the minimum standard of one 4 ½ outlet and one 2 ½ outlet for single family dwellings. Exception: If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation. The current fire flow for the hydrant located at 79 Lincoln Drive the services Miss Campbell’s property is 1064 (GPM) with a static pressure of 71 (PSI). These flow rates are within the current fire code requirements for a single-family dwelling. We feel an exception for financial hardship can be granted without jeopardizing fire protection to the property and the district. If the exception is granted, the Southern Marin Fire District would be required to upgrade the hydrant body which could be budgeted in the next fiscal year. Cost of a new fire hydrant body with the required ports riser and gaskets is estimated at $1500. Financial Impacts Typical installation cost of an upgrade to an existing hydrant by MMWD is in the range of $3000. Current fire hydrant purchases for SMFD fire hydrant body only is estimated at $1500. Options 1. Approve a complete pardon for the upgrade to the existing hydrant 2. Approve a timeline for the upgrade to be completed by date 3. Require the hydrant upgrade per SMFD ordinance 2016-17-22 section 507.5.7 and fire comments
dated: June 9, 2015 Report Completed By Approved By
Attachments: 1. 101 Lincoln Drive, Sausalito Fire Hydrant Exception, Jeanine Campbell 2. SMFD plan review fire comments letter dated: 06/09/15 3. SMFD plan review fire comments letter dated: 09/09/13
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Dear Fred and the board of directors ,
Thank you for your prompt response for my request to waive the requirement for fire hydrant. I would like to request a fu ll pardon for this requirement due to my financial
situation.
I am dyslexic so please understand that my writing may have some inconsistencies. will try to provide as much information as I can so you can give you a clear perspective of the scope of work and what has transpired during the time of this project.
I am a single lady and decided to remodel my outdated condo in Marina Vista HOA over 5 years ago. These properties are poorly built and most have extensive dry rot, single pane windows and lack of installation in most of the walls as well as the wood burning
fireplaces are old and very costly to use.
I had a saving of approx $120 ,000 at the time of starting the construction , no debt and my car was paid off. I paid all of the engineering costs , architect , permitting before starting the project. I also had an equity line of $150 ,000 in place to use for the remodel.
The project was approved in 2013 and I started with my foundation guy who did a great job . In order to do the excava tion they need to remove my heating unit and water
heater . They hooked up a sma ll temp water heater and no heater. This was beginning of several cold winters to come.
I interviewed several contractors and was referred by foundation guy to Aban Construction . Cesar started right after the excavation and foundation work was completed under the home.
At the time when Cesar began and I thought he was doing a good job but, I had a lack of experience to understand what he was doing and he knew it. Right after Cesar started my dog and cat both became very ill and both passed away within 30 days . Cesar Aban completely took advantage of this time when I was distracted & sad by the loss of my pets and started defrauding me.
He was making up phony invoices and double and triple charging me for windows and doors , an I-beam and
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using my credit card to buy materials that didn't end up on the job site. He also overcharged me to work completed and talked me into doing things that didn't need to be done like re-framing a whole side of my house (three stories).
I confronted him and he denied the fraud until I had solid proof with an invoice from
ALCO for an I-Beam that they verified was not their invoice. He threaten me and wanted his tools after I fired him. I contacted Sausalito Police to help deal with this situation. The Sausalito police were quite supportive. He repaid $16,000 for the fraud but, I probably lost over $50 ,000 or more but, it really hard to know the total loss. Kenneth Henry at the building dept knows the history and is fully aware of what happen relating to this fraud .
I fired him right before the winter of 2013 and the siding was off half the house , windows were removed and the whole downstairs was incomplete . He build the deck system and started the siding on the back side of the house but , the house was in major risk of water damage. I needed to hired someone to help me waterproof and tarp three sides of my home and went through the whole winter in this state.
It took about 6-7 month to find another builder to take on the project. I was in Goodman and talking with one of the employees who said they do the referrals for Goodman's and they referred me to Bill Felhon, he start working on the down stairs framing and doing my retaining walls . Again , I thought he was doing a good job until I had an inspection and Kenneth wouldn 't pass the framing inspection and said I needed to get the engineer out to inspect. Major red flag ... John Pheif came out and was very unhappy with the work . He told me that this contractor didn't read the plans and didn't do the engineering spec on the plans. Once I started looking around I also realized that many things were done improperly . Again , I fired another contractor.
I hired Ricky Heaven a carpenter to work on the bottom addition , frame out the addition in the front , build attached two car garage, installed new windows and doors and siding . His work was better than everyone to this point but, not perfect.
At this point sprinklers were installed and there was holes all over the house, all the carpet was removed, the fireplace had been removed , all the openings for the windows were rough.
I cou ldn't get of hold of the plumber who started the job and there was a time laps because of the stopping construction so I needed to hire another plumber in the middle of the work . I was referred by Frank at Carrara Marble to Kleindienst Plumbing.
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The owner Roy Kleindienst reviewed the bid of the former plumber and told me he could
probably beat the bid $7800. I had him start the work and I paid him $8500 and the bills kept coming in and by the end he had billed me over $18 ,000. I refused to pay double for the work and he turned me into collections . I hired a lawyer and the
collection agency has recently removed the collection. I hired another plumber to do
some work and they told me there was water running under my home and Duffy
Plumbing checked and there was no water running under the house. I almost got ripped off again. Michael Duffy has been my plumber now for the last two years. He has been fair and done a great job.
There's been many situations where I have been taken advantage by contractors. I also hired a carpenter who worked on the project for several month to demo kitchen and then found out there was many problems with his work and I hire Scarborough Construction to fix his work. I also hired a Keith Kreuzer Painting to do the smooth wall and paint work recently and the work needed to all redone. I will be taking him to small claims court and preparing the documentation right now.
Unfortunately there's a lot of contractors that are out there taking advantage of homeowners . I am not in the trades so it's hard to know when things are not done properly until it's too late. The construction industry is very busy and there's a lack of quality workmanship .
I ran out of funds so my parents loan me some money to make my place livable .
I started the inside remodel in May of 2016, new kitchen, half bath, new drywall dining room, living room, two stairwell s, upstairs hallway, new gas fireplace and finish decks and inside and outside railing system .
I have gone as far as I can but, having a difficult time finishing. I have listed the scope of work of things that have been completed and things that still needs to be completed.
My credit cards are at their limits , I took out a loan on my car and a high interest &
upfront fee loan (First California - Energy) to try to finish .
The funds for Cal First were received through my Scarborough Construction . I provide invoices to him and he pays through funds remaining.
I have included the spreads heet from Scarborough Construction and invoices he still needs to pay. I have limited resources left. See attached financial info.
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It hasn't been all bad or all good going through this process but, I can say it's been challenging.
Thank you for your consideration!
Best regards , Jeanine Campbell 101 Lincoln Drive Sausalito Jcampbell497@gmail .com (415) 261-8511
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DATE: PERMIT#:
t --z1-/ 7 dO I ~- ~'?7
List of final close OLJt requirements: *NOTE: permit# shall be included on all letters
<O Structural Engineers ' final obse rvation letter required .
7 {f) Geo Technical Engineers ' final observation letter required.
• Special inspection reports and testing certificates; Struct ural Engineer shall review and approve for project conformance or provide final affidavit from special inspectio n testing agency .
6) Sewer Coordinator final sign of ~ --equi red.
{:) Planning Division final sign off required.
{!) City Engineering Division final sign off required.
I:) Fire Department final sign off required.
G Building Division final sign off
(!} City sub contractor list with city business licenses to be submitted to Permit Technician .
{?) Final project cost evaluation form for review and approva l required. Projects over 20k .
{!) Recycle management plan submitted to Permit Technician .
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I/COD/Building/templates -final sign off
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CITY OF SAUSALITO - BUILDING DIVISION INSPECTION RECORD
r"- ro frame OK; excluding guards shear wall nailing OK hold downs OK SE shall approve minor changes. 05-07-15 KH
Tel 415.289.4100 Fax 415.339.2256
use of ABS or PVC is permitted on lowest floor. Existing upper floors are cast and duram. note : no weatherproofing inspection on exterior wall prior to installing wall coverings. 05-21-15 KH x2 rear deck framing OK; excluding guard in fill x2 rear deck ro electrical OK 05-26-15 SMFD/RB ro hydro in basement OK 06-11-15 KH lowest level close in: shower curb reinforcement in concrete OK ueed to de111011sbate weep holes i11 li11ea1 d1ai11 se1vi11g shuwe1 st.rlt: ro plumbing OK ro electrical OK; bond metal piping
provide arc faults . ro mechanical OK; under floor : provide 4" separation to earth and factory ductwork all levels of north west exterior wall: weatherproofing OK; note partial inspection by city, 1st and 2nd level~ covered prior to ~ity inspection; work appears to be completed using good water management practices. 06-22-15 KH north east top level: exterior wall weatherproofing at masterbdrm OK 06-23-15 KH confirmed north east top level· exterior weatherproofing photos OK . 08-06-15 KH roofing contractor on site and proceeded to install re roof covering without city inspection. Contractor shall demonstrate compliance; owner shall acknowledge letter of missed city inspection and roof system qualification. 08-10-15 KH lower floor: insulation OK; note contractor installed intermiscent 5 sided rated enc osures around all recessed lighting fixtures.
southwest ; x2 levels waterproofing exterior wall OK: note need to provide good water management practices at intersection with neighboring property. 08-13-15 KH north west(above entry door) top floor; exterior wall weatherproofing OK 08-20-15 KH am lowest floor wall board OK entry walkway: guard ro framing OK post footing OK Q!!)
entry walkway: weatherproofing OK garage: footing and embeds locate at GL F/1 & F/5 OK 9-09-15 CSG/CG Partial rough frame on the garage portion only. The kitchen laundry room is still under city review. 9-23-15 CSG/CG Shower pan at bath on lower level OK. 09-24-15 KH foundation within GL D-E/5-1 OK
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10-07-15 KH
CITY OF SAUSALITO • BUILDING DIVISION INSPECTION RECORD
Tel 415.289.4100 Fax 41~.339.2256
floor framing located within GL E-D/5-2 OK 10-21-15 RMH/CSG rough frame a1 .1 laundry and kitchen APPROVED lvl at skylight S3 TJI LUS 210 ST6 236 3 HD9 10-26-15 KH
garage and addition-exterior sheathing at shear wall nailing located within GL 1-6/F-D OK
SE shall verify 3" x 11" PSL located at GL 0.3 per detail 32/S-6 where graded x4 is used at GL 0.3 need to verify strap at GL 0/1 . 10-28-15 KH weatherproofing located within GL F-D/1-6 OK ro frame located within GL C-E/5-6 OK
11-02- 15 KH garage entry area and kitchen extension: roof nailing OK 11-05-15 KH in progress roofing OK
fire barrier OK roof shall slope. 02-25-16 KH main electrical system : underground raceway OK; note pg&e field report for trench OK
11eed to provide opposi119 beari119 fitli11gs at metal threaded riser tu-assure urai11 cabinet groa11di119 co11lirmity a11d 111ecl 1a11ical co, 11 tectiur 1. need to drive supplemental groa11d rod. may 11e4:#d to provid1:::.rddttit:nal sapplenre11ta1 ground rod. 03-10-16 KH service grounding OK
6/15/16 sc/csg Inspection was canceled 06-16-16 KH pre final for lower floor(only) : need to obtain sewer cordinator approval for stairway located ove · sewer line located a ,ong entry door build1 ng lint . fire dept final sign off. demonstrate tempered window located along stairway near entry door serving lower uni t provide handrail serving exterior stairway if stairway is permitted. provide tamper proof receptacles throughout need to revise plans to show dishwasher, micro wave, and center island. provide address on building.
' provide vaccum breaker on hose bib . clothing dryer duct work beyond wall shall be hard piping. r.o flexiol,? duct perm itt ed behind wall, only permitted for 6' on interior side . provide receptacle serving island . label electrical sub panel. provide guard details; currently no to rail is provided for fall protection. 09-29-16 KH water service supply line located from meter to riser OK 11/10/16 rmh/csg RO gas APPROVED COPPER CHARGED ROUGH ELECTRICAL INT ONLY APPROVED DWV APPROVED electric meter release APPROVED 02-09-17 KH
wall board located on middle floor and stairwayx2 OK, note need to provide extension rings on dwelling unit separation wal
Page 3
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,,-... only.
CITY OF SAUSALITO - BUILDING DIVISION INSPECTION RECORD
. Tel 415.289.4100 Fax 415 .339 .2256
EXTERIOR LIGHTING SHALL BE DOWNWARD AND DIMABLE. 07-24-17 KH kitchen receptacle flush middle floor TV room: fire place; ro mechanical OK insulation OK
ro electrical Ok; note leave access to overhead receptacle in beam area of TV room .
Page 4
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r
CITY OF SAUSALITO - BUILDING DIVISION INSPECTION RECORD
Tel 415.289.4100 Fax 415.339.2256
Project Address
101 Lincoln
PLANS? YES Type Street
Ave
Contractor Name
Abans Construction
Apt, STE Permi t No. Date Building Permit Issued
B2013539 04.22.2014
Contractor Fax
Project Descr iption
New garage at existing parking deck; new addition at existing crawl space. Re-roof main residence.
Inspection Comments
07-03-14 KH under slab ro plumbing OK grade beam , stem wall, embeds, and footings located within Gridlines ,-)A-C/6-2 OK, note need to prov ide sub soi l drainage. need to provide stirrups at 9" oc located in grade beam along gri dline 4. 07-14-14 KH
interior floor framing and insulation located within GL 5-3/A.8-(-)A; not inc luding exterior deck framing OK Note: contractor shall provide moisture barrier at exist ing e)ct:erior wall located along GL 3/A-B.5, w here no exist ing moisture barrier was originally installed . 07-17-14 KH x4 deck piers_ OK; excluding tie beams : SE shall comm ent on deta il 9/S4 tie beams. slab reinforcement located with in GL A.8-C/6-2 OK 10-01-14 CSG /JB subfloor nailing exterior decks on all 3 levels ok exterior shear walls rear walls 3 levels ok to cover with the deck waterproofing and set windows 10-06-14 KH site meeting with SE (JP) regarding modifications to slab located with in GL A.8-C/6-2. Ok to relocate under slab ro plumbing. Need inspection. 10-08-14 (CSG) JB
exte rio r plyw ood shea r att ac hme nt on the so uth side 3 levels ok
11-20-14 KH under slab ro plumbing OK: revised work OK
2-04-15 CSG/CG Footing at new closet between grid lines A and 8 . Waterproofing installed but it is not Stego as called for on plans. No SE letter on site. No special inspection letter on epoxy of bars . OK to pour area at new closet between grid line s A and 8 . 03-02-15 KH (Interior only)rough frame not passed. SE shall app1oved deviatio11 from detail 41'/S7' provide mill certs for wide flange beam SE shall app1ove 4x8 vs 8x8 post a11d 8x8 post at errds o f wi de HarrgE: beam: SE slrall obse1ve sltactu1al fla111iug a11d shea, wall constJactio11 prh.>1 to city iospecti u11. Provide ST 8238 at BL SIA, 5/'A. SE shall detail operri119 i11 SW located at 8L 5f;t,. SE shall detail disco11ti11aoas wall flami119 alo119 OL SfA -8 Co11tractor shall police co11sbactiurr details for co 111pli a11ce wiU r currerrl corrditi o11s.
r' Need to co111plete i11slallatio11 of rough syste111s. Need to detail stairway framing . irrspectio11 te1111ilrated a11til SE has had oppor ta11ity to ob ser ve buil t c11virom11e11t. 03-30-15 KH
Ba Eir:-.t ii 1rl ,.,,,. ' !L· ·"- :-lf- Rn Pnnl ~1<:>r
1 1/J~ tr )1...1\,(J .,
Ro. Poo l Gas Pioe Set Elect Meter Final-EIP-r:t J - ,;' ·- PrP-Plac::ti:ir -
I Fina l Pool ·MECHANICAL
-lJ. Fir/Slab Ducts . Plannina Final . Rn MR~h . Enaineerinct Final I
. '
Fire Dept Final /4 Refriaeration I I
Comm.-Hood Overhead Hvdro I\ /1 t:, /z.o1 ~ 6#,..,/, I
· :Final Mech
Final Inspector ___ _____ Date ___ _
It is the responsibility of the permittee to maintain this card on the job srte at al! times and I" keep the approved plans on the job for inspect ions. Do not concea l work that has not
been inspected. Inspections car. be scheduled by te leph onin g 4 "15.289.4100 X 811. All contractors and subcontractors work ing in Sausalito are required ,o have a current City Business License. It is the responsibility of the property owner to ensure complian ce with any private CC&R' s, including any required architec~ral review.
I f "(.,/ V
NOTE: ORD 851 •\EQUIRES ANY RELOCATJON, UPGRAD ING.OR NEW ELECTRICAL SERVlCE TO BE FED UNDERGROUN D UNLESS A VARIANCE HAS BEEN GRANTED.
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9/12/2017 Southern Marin Fire Protection District Mail - Can you send email to Fred Sausalito Fire Dept
Captain Fred Hilliard, Jeanine Campbell has had extensive costly difficulties with her past contractor(s) First one was a travesty on building andhonesty. Other was not so good at workmanship creating additional costly items. Ms. Campbell has worked diligently and faithfully in getting her project to the point in which is almost ready for a final signoff. Any assistance you can a lot her would be greatly appreciated. Best regards, Kenneth
Kenneth Henry | Building Inspector City of Sausalito | Community Development Department 420 Litho Street, Sausalito, CA 94965 Phone: (415) 289-4136 Email: [email protected] www.ci.sausalito.ca.us
Counter hours by appointment only on Tuesday and alternating Fridays. To schedule appointment call 415-289-4128 Inspections on Monday, Wednesday, Thursday 9-4 To schedule inspection call 415-289-4100ext 811 [Quoted text hidden]
SOUTHERN MARIN FIRE PROTECTION DISTRICT FIRE PREVENTION
333 Johnson Street, Sausalito, California 94965 Phone: (415) 289-4156 / Fax: (415) 289-4158
09/14/17
Jeanine Campbell 101 Lincoln Drive Sausalito, CA 94965
Re: Exception Request for Fire Hydrant Upgrade
Dear Miss Campbell,
We have received your request for an exception to upgrade the fire hydrant located at 79 Lincoln Drive required for your remodel project.
After reviewing the information, it is required by Southern Marin Fire District ordinance 2016-17-22 section 14 Appeals, that we present the Board of Directors with the material and our recommendations for their review and final decision.
You will have the opportunity to make some comments on your behalf at the meeting which is scheduled for Wednesday September 27, 2017 at 7pm, located at Fire Station 9, 308 Reed Blvd, Mill Valley 94941. Your request will be listed under new business on the agenda.
If you have any additional questions please feel free to contact me at (415) 317-3301
Thank you,
Fred Hilliard Captain, Deputy Fire Marshal
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SOUTHERN MARIN FIRE PROTECTION DISTRICT FIRE PREVENTION
333 Johnson Street, Sausalito, California 94965 Phone: (415) 289-4156 / Fax: (415) 289-4158
6/9/15
City of Sausalito Community Development Department 420 Litho Street Sausalito, CA 94965
Re: 101 Lincoln Drive PN# B2013539
The proposed plans for the above-listed project have been reviewed. Based on the plans as submitted, the items noted below shall be imposed by the Southern Marin Fire Protection District (SMFD) in accordance with current requirements of the 2013 California Fire Code and SMFD ordinance and standards.
Conditions of Approval
1. This project shall comply with California Fire Code Chapter 33 – Fire SafetyDuring Construction and Demolition. These requirements include but are notlimited to: Temporary Heating Equipment, Precautions Against Fire, Flammableand Combustible Liquids, Flammable Gases, Owners Responsibility for FireProtection, Fire Reporting, Access For Fire Fighting, Means of Egress, WaterSupply for Fire Protection, Standpipes, Automatic Fire Sprinkler Systems,Portable Fire Extinguishers, Motorized Construction Equipment, andSafeguarding Roofing Operations.
2. Fire access to the project as well as the other surrounding properties shall bemaintained at all times. Unapproved restrictions in roadway access shall result incitations and vehicles being towed at the owner’s expense.
3. The driveway serving this project shall meet the following standards related todimensions, surfacing and slope.a. Driveways shall be a minimum of 16 feet in widthb. The driveway shall not exceed a slope of 18% and be of an all-weather
surface (asphalt or concrete or other approved material). Driveways between18% and 22% may be allowed with the expressed written approval of the firedepartment. Slope in excess of 18% slope shall be finished with ribbedconcrete.
225
4. The property owner shall comply with California Fire Code Section 304.1.2 and Local Ordinance Section 109.3.2 Abatement of Clearance of Brush or Vegetative Growth from Structures. a. A vertical overhead clearance of 13' 6" shall be maintained free of
obstructions above any roadbed (trees, brush, etc.).
b. A minimum clearance of 30 feet from the structure, 10 feet from roads and property lines and any tree which extends within 10 feet of any chimney or stovepipe shall be kept clear of flammable brush, tree limbs and grasses.
Exception: Vegetation Management Plan for the property has been submitted and approved by the Fire Code Official.
5. Fire Hydrant(s)
Prior to framing, a new fire hydrant installation or existing fire hydrant upgrade shall be required. Hydrants to be spaced at 350 intervals shall be capable of providing a flow of 1,000 gallons per minute of flow to the site. Details of hydrant placement (including water main extension) shall be reviewed and approved by the Southern Marin Fire District and the Marin Municipal Water District. When additions or modifications to structures are made, the nearest fire hydrant (if a new one is not required) located by the Fire Code Official, shall be upgraded to the minimum standard of one 4 ½ inch outlet 2 ½ inch outlet for single family dwellings and the minimum standard of one 4 ½ inch outlet and two 2 ½ inch outlets for commercial structures. Exception: If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation.
a) Clow #FHD75CLOW Residential Installation/Upgrade at 79 Lincoln Dr.
6. Fire sprinkler system required in:
a. If the combination of the addition, alteration or remodeling exceeds 50% of the floor area of the existing structure, the project is considered a “substantial remodel” and the entire structure shall be retrofitted with a fire sprinkler system. A substantial remodel is defined as when alterations or renovation of any structure, which combined with any additions to the structure, affects a floor area, which exceeds fifty percent of the existing floor area of the structure or when any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of
226
applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.
b. Fire sprinkler coverage shall be provided through the entire structureaccording to Chapter 9 of the California Fire Code.
One and Two Family Dwelling Units
A. Buildings that are intended for occupancy as a one or two family dwelling unit shallhave an automatic residential fire sprinkler system installed in accordance withmost recent published edition of National Fire Protection Association Standard 13Dwith the following modifications:
1. Control valves and riser shall be installed as shown in Figure 1.
2. A remote inspector test valve is required at the furthest remoteportion of the system.
3. Pilot heads shall be installed in the attic spaces directly aboveevery attic access opening.
4. All garages shall be sprinkled.
5. A sprinkler head box shall be installed in every unit near the mainsprinkler riser and shall include at least one head of each typeinstalled, a sprinkler head wrench, and a water key to test theremote inspector test valve.
6. A durable and permanent sign shall be installed at the test valvestating “Inspector Test Valve”.
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Figure 1
7. The address shall be posted in accordance with requirements of the CaliforniaFire Code and SMFD standard 205 (Premises Identification).
8. Smoke / CO Detectors shall be installed in accordance with the CaliforniaBuilding Code.
9. Non-combustible roofing required:
a. All new roofs shall be non-combustible.b. Roof Repairs or replacement:
a. Less than 25% - no requirementb. 25% to 50% - Class C minimumc. 50% or more – Non Combustible
c. In no case shall the roofing material used be less fire resistive than theexisting roof.
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ELECTRIC 6ELL
112· DRAIN VALVE
DRAIN TO EXTERIOR
RUBBER FACED CHECKVI\ LVE
MAIN CONTRC L V~LVE
TO WATER METER
FLOW SWITCH
(CPTIONAL) DOMEST IC CONTROL
VALVE
TO DOMESTIC SYSTSM
NOTE: A "noncombustible" roof is a Class A roof (for other than Group R Occupancies, a Class A or Class A assembly) as defined in the California Building Code.
10. Exterior windows, window walls, glazed doors and glazed openings withinexterior doors shall conform to the performance requirements of CaliforniaBuilding Code section 12-7A-2 ”Exterior Window Test Standard” or multilayeredglazing with minimum of one tempered pane, glass block or other windowassemblies having fire protection rating of not less than 20 minutes.
11. Prior to occupancy, a spark arrestor shall be installed on the chimney(s).
All on-site improvements, such as water main extensions, hydrants and access roads, must be serviceable prior to framing the structure.
Final occupancy approval shall not be granted/released until authorization to the Community Development Agency has been received from the Fire District.
