HomeMy WebLinkAboutCCSA Minutes 2021-12-06
MINUTES
SAN RAFAEL CITY COUNCIL – MONDAY, DECEMBER 6, 2021
REGULAR MEETING AT 7:00 P.M.
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CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person
meeting location for the public to attend. This meeting will be held virtually using Zoom and is being
streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to
city.clerk@cityofsanrafael.org.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment.
Any member of the public who needs accommodations should contact the City Clerk (email
city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to provide
reasonable accommodations to provide as much accessibility as possible while also maintaining public
safety in accordance with the City procedure for resolving reasonable accommodation requests.
Present: Mayor Kate
Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati
Absent: None
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
Deputy City Clerk Brenna Nurmi
OPEN SESSION
1. Mayor Kate announced Closed Session item.
CLOSED SESSION – (669) 900-9128 ID: 815-5125-5972#– 5:30 PM
2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant Government Code Section 54956.9(d)(2)
(One potential case)
b. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Government Code Section 54956.6(d)(1)
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In Re National Prescription Opiate Litigation
United States District Court for the Northern District of Ohio Eastern Division
Case No. 17-MD-2804
Mayor Kate called the meeting to order at 7:00 p.m. and invited Deputy City Clerk Brenna Nurmi
to call the roll. All members of the City Council were present.
City Attorney Robert Epstein announced that during the Closed Session tonight the City Council
unanimously voted to opt in as members of the Class of Public Entities impending litigation entitled
In Re National Prescription Opiate litigation, a case that’s pending in the United States District
Court for the Northern District of Ohio, Eastern Division. It is national litigation that many public
entities are participating in.
Mayor Kate provided opening remarks, which included United Against Hate Week, a virtual
Hannukah candle lighting and a land acknowledgment.
Deputy City Clerk Brenna Nurmi informed the community that the meeting would be recorded and
streamed live to YouTube and through Zoom and members of the public would provide public
comment either on the telephone or through Zoom. She explained the process for community
participation on the telephone or through Zoom.
OPEN TIME FOR PUBLIC EXPRESSION
• Eva Chrysanthe addressed the Council regarding her visits to the Service Support Area.
CITY MANAGER’S REPORT:
3. City Manager’s Report:
City Manager Jim Schutz announced:
• Introduction of Marc Sabin, Homeless Program Manager
• Notice of Funding Availability (NOFA) – Affordable Housing update
Bill Guerin, Public Works Director provided an update on the Bungalow Avenue project and a
recent gas leak. He responded to questions from Councilmembers.
Mayor Kate invited public comment.
Speakers: Albert, Name withheld, Eva Chrysanthe
COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
4. Councilmember Reports:
• Councilmember Bushey reported on a Loch Lomond Development Oversight Committee
meeting and an interview with the Community Media Center.
• Councilmember Llorens Gulati reported on Climate Action Committee and Marin Clean
Energy (MCE) Board of Directors meetings.
• Councilmember Kertz reported on a Marin Wildfire Prevention Authority meeting, a Cal
Cities update, a MCCMC Legislative meeting and a Homeless Policy Steering Committee
meeting.
• Councilmember Hill reported on a Bungalow Avenue tour.
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• Mayor Kate reported on Marin Transit, SMART, MCCMC Economic Recovery, and
Showing Up for Racial Justice (SURJ) meetings.
Mayor Kate invited public comment; however, there was none.
CONSENT CALENDAR:
Mayor Kate invited public comment.
Speakers: Bill Carney, Johnson Reynolds
Mayor Kate held items 5.a and 5.d from the Consent Calendar.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent
Calendar, excluding items 5.a and 5.d.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
5. Consent Calendar Items:
a. Use of Teleconferencing for Public Meetings During State of Emergency
Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for
Continued Use of Teleconferencing to Hold Public Meetings of the San Rafael City Council
and City Boards and Commissions During the Continuing State of Emergency Relating to
the COVID-19 Pandemic (CA)
This item was held from the Consent Calendar.
City Manager Jim Schutz provided comments.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15008 - Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming
the Need for Continued Use of Teleconferencing to Hold Public Meetings of the San Rafael City
Council and City Boards and Commissions During the Continuing State of Emergency Relating to
the COVID-19 Pandemic
b. Agency Report of Public Officials 2021
Adoption of Agency Report of Public Official Appointments (FPPC Form 806) (CA)
Adopted Form 806
c. Job Classification and Compensation Adjustments in the Human Resources Department
Resolution Approving the New Classification and Compensation of Administrative Services
Director (HR)
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Resolution 15002 - Resolution Approving the New Classification and Compensation of
Administrative Services Director
d. Accessory Dwelling Unit Regulations Ordinance Adoption
Final Approval of Ordinance 2002: An Ordinance Amending Title 1 (General Provisions),
Title 4 (Fire), Title 12 (Building Regulations), and Title 14 (Zoning Ordinance) of the San
Rafael Municipal Code Related to Regulations for Accessory Dwelling Units, and Report
Issued Pursuant to Government Code § 65858(d) (CD)
This item was held from the Consent Calendar.
City Manager Jim Schutz provided comments.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve final
adoption of Ordinance 2002.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Approved final adoption of Ordinance 2002
e. Citizens Advisory Committee on Economic Development and Affordable Housing
Dissolution
Resolution Dissolving the Citizen Advisory Committee (CAC) on Economic Development
and Affordable Housing (ED)
Resolution 15003 - Resolution Dissolving the Citizen Advisory Committee (CAC) on Economic
Development and Affordable Housing
f. Traffic Mitigation Fees
Annual Traffic Mitigation Fee Report - FY 2021-22 (PW)
Accepted report
g. Annual CalRecycle Grant
Resolution Authorizing Submittal of An Application for All CalRecycle Grants for Which
the City of San Rafael is Eligible (PW)
Resolution 15004 - Resolution Authorizing Submittal of An Application for All CalRecycle Grants
for Which the City of San Rafael is Eligible
h. Memorandum of Agreement with the County of Marin to Maintain Bayside Park
Resolution Approving and Authorizing the Mayor to Sign a Memorandum of Agreement
with Marin County Defining Maintenance Responsibilities for Bayside Park (PW)
Resolution 15005 - Resolution Approving and Authorizing the Mayor to Sign a Memorandum of
Agreement with Marin County Defining Maintenance Responsibilities for Bayside Park
i. Umbrella Dredging Permit in San Rafael Consulting Services Agreement
Resolution Approving and Authorizing the City Manager to Sign a First Amendment to the
Professional Services Agreement with Haley & Aldrich, Inc. for Additional Services in
Coordinating the Development of an Umbrella Permit for Private Dock Dredging in the San
Rafael Canal, in an Amount Not to Exceed $16,200 (PW)
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Resolution 15006 - Resolution Approving and Authorizing the City Manager to Sign a First
Amendment to the Professional Services Agreement with Haley & Aldrich, Inc. for Additional
Services in Coordinating the Development of an Umbrella Permit for Private Dock Dredging in the
San Rafael Canal, in an Amount Not to Exceed $16,200
j. Southern Heights Bridge Replacement
Resolution Approving and Authorizing the City Manager to Execute a Fourth Amendment
to the Agreement with Mark Thomas & Company, Inc. for Slope Stability Analysis, in an
Additional Contract Amount Not to Exceed $51,789 (PW)
Resolution 15007 - Resolution Approving and Authorizing the City Manager to Execute a Fourth
Amendment to the Agreement with Mark Thomas & Company, Inc. for Slope Stability Analysis, in
an Additional Contract Amount Not to Exceed $51,789
RECESS 7:47 – 7:52 p.m.
Mayor Kate announced that public comments would still be received for the remaining items
tonight, by email only. The Deputy City Clerk would then read these comments aloud into the
record during the public comment portion of the remaining items.
PUBLIC HEARINGS
6. Public Hearings:
a. Marin Sanitary Service Rates and Contract for 2022
Resolutions of the City Council of the City of San Rafael:
Cory Bytof, Sustainability Program Manager and Garth Schultz, R3 Consulting Group
presented the Staff Report.
Staff responded to questions from Councilmembers.
Mayor Kate asked the Deputy City Clerk to read public comments that she received via
email.
Comments via email: Bill Carney, Sustainable San Rafael, Belle Cole, Organizing for Action
(OFA) Marin, Justin Wilcock, Marin Sanitary Service
Councilmembers provided comments.
i. Resolution Establishing Maximum Rates Collected by Marin Sanitary Service for Refuse
and Recyclable Material Collection and Disposal Services, to be Effective January 1,
2022
Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15009 - Resolution Establishing Maximum Rates Collected by Marin Sanitary Service
for Refuse and Recyclable Material Collection and Disposal Services, to be Effective January 1,
2022
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ii. Resolution Approving a Fourth Amendment to the Amendment and Restatement of
Collection Agreement of the City of San Rafael with Marin Sanitary Service (CM)
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15010 - Resolution Approving a Fourth Amendment to the Amendment and
Restatement of Collection Agreement of the City of San Rafael with Marin Sanitary Service
b. Downtown Business Improvement District (BID) Assessment Annual Renewal
Resolution Approving the Downtown San Rafael Business Improvement District
Assessment for Calendar Year 2022 (ED)
Danielle O’Leary, Director of Economic Development and Innovation presented the Staff
Report.
Eda Lochte and Jed Greene, Downtown Business Improvement District (BID) provided
comments.
Staff responded to questions from Councilmembers.
Mayor Kate asked the Deputy City Clerk to read public comments that she received via
email.
Brenna Nurmi, Deputy City clerk announced that she did not receive any emails tonight for
this item.
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15011 - Resolution Approving the Downtown San Rafael Business Improvement
District Assessment for Calendar Year 2022
OTHER AGENDA ITEMS
7. Other Agenda Items:
a. Resident Appeal of an AT&T Encroachment Permit
Consideration of a Resident Appeal from the Issuance of an Encroachment Permit to AT&T
to Install a Utility Cabinet in the Public Right-of-way Alongside Property Located at 109
Bayview Street, San Rafael (PW)
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Bill Guerin, Public Works Director introduced Rafat Raie, Deputy Public Works Director who
presented the Staff Report.
Staff responded to questions from Councilmembers.
Rich Petovello, Appellant presented his report.
Lisa Marano, AT&T presented her report.
Staff provided comments.
Staff responded to questions from Councilmembers.
Discussion regarding utility cabinet and different alternatives.
Mayor Kate asked the Deputy City Clerk to read public comments that she received via
email.
Brenna Nurmi, Deputy City clerk announced that she did not receive any emails tonight for
this item.
Staff responded to questions from Councilmembers.
Rich Petovello, Appellant and Lisa Marano, AT&T provided comments.
Councilmember Bushey moved and Councilmember Hill seconded to continue this item to
the next regularly scheduled meeting on December 20, 2021.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Item continued to December 20, 2021
SAN RAFAEL SUCCESSOR AGENCY:
1. Consent Calendar: - None.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 9:49 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
KATE COLIN, Mayor