HomeMy WebLinkAboutCCSA Minutes 2022-10-03
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 3, 2022
REGULAR MEETING AT 7:00 P.M.
In-Person:
San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:
Watch on Zoom Webinar: https://tinyurl.com/CC-2022-10-03
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 817-3692-0337#
One Tap Mobile: US: +16699009128,,81736920337#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying
with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held
in-person, virtually using Zoom and is being streamed to YouTube at
www.youtube.com/cityofsanrafael.
How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms.
• Face coverings are recommended for attendees.
• Use the sign-in sheet (optional) which allows notification of potentially exposed individuals if
contact tracing reveals COVID-19 transmission may have occurred in a given meeting.
• Attendance will be limited to 50 percent of room capacity (no more than 90 persons) and all in-
person attendees should socially distance as recommended by public health authorities. If the
Chambers are 50% occupied, please participate online instead or utilize the audio feed in the
lobby.
• All attendees are encouraged to be fully vaccinated.
How to participate in the meeting virtually:
• 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 press *9 to raise your hand, and
*6 to unmute yourself, then 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.
2
Present: Councilmember Bushey
Vice Mayor Kertz
Councilmember Llorens Gulati
Absent: Councilmember Hill
Mayor Kate
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Pro Tem Kertz called the meeting to order at 7:00 p.m. and invited City Clerk Lindsay Lara
to call the roll. All members of the City Council were present, except for Councilmember Hill and
Mayor Kate.
Mayor Pro Tem Kertz provided opening remarks, which included the hybrid City Council meeting,
gratitude to City Staff, National Disability Employment Awareness Month, and a land
acknowledgment.
City Clerk Lindsay Lara announced the process for Spanish interpretation for the evening. She
informed the community that the in-person meeting would also 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, through Zoom and in-person.
OPEN SESSION
1. None.
CLOSED SESSION
2. None.
OPEN TIME FOR PUBLIC EXPRESSION
• Gina Silvestri, Gerstle Park Neighborhood Association, addressed the City Council regarding
the Third Annual San Rafael PorchFest. She expressed gratitude for the City’s participation.
• Salamah Locks, Commission on Aging, announced an upcoming meeting entitled “Building a
Healthier Marin: Covid and Beyond” with Dr. Matt Willis, Marin County Public Health
Officer to be held Thursday, October 6, 10am-12:30pm.
• Sophillia Tagaba addressed the City Council on the recent use of force incident by San
Rafael Police Officers.
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
3. City Manager and Councilmember Reports:
City Manager Jim Schutz announced:
• Caltrans Harbor Bridge Project (at the northbound 101 Central San Rafael offramp) update
• West End Village Culture Crawl to be held Saturday, October 8, 1-5 pm
• Trick or Treat on 4th Street to be held Saturday, October 29, 1-3 pm
• Dia de los Muertos coming up in beginning of November
3
Councilmember Reports:
• Councilmember Bushey reported on San Rafael Sanitation Agency, Loch Lomond Oversight
Committee, Marina Boulevard Neighborhood Association and Marin County Council of
Mayors & Councilmembers (MCCMC) meetings.
• Councilmember Llorens Gulati reported on a meeting regarding the 400 Canal Street
apartment building’s new ownership and evictions, the Marin Business Showcase, a Latinas
in Power luncheon, a Movies in the Park event at Pickleweed Park, a California Community
Choice Association (CalCCA) Gala, and BayWAVE and East San Rafael Task Force meetings.
• Mayor Pro Tem Kertz reported on a Marin Wildfire Prevention Authority meeting, a Spirit
of Marin Awards event, a First 5 food insecurity forum, a North Bay Leadership Council
event, the Marin Business Showcase and a Marin County Council of Mayors &
Councilmembers (MCCMC) meeting.
Mayor Pro Tem Kertz invited public comment; however, there was none.
CONSENT CALENDAR:
Mayor Pro Tem Kertz invited public comment.
Speakers: Gina Silvestri, Gerstle Park Neighborhood Association and The Tree Group, Arlin
Benavides, Sustainable San Rafael
Jim Schutz, City Manager responded to public comment.
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to approve the
Consent Calendar.
4. 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
the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s
Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19
Pandemic (CA)
Resolution 15132 - Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming
the Need for the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s
Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19 Pandemic
b. Board of Library Trustees Ordinance Updates
Adoption of Ordinance 2017 - An Ordinance of the City of San Rafael Amending Sections
2.16.030 Through 2.16.033 of the San Rafael Municipal Code Related to the Board of
Library Trustees (CC)
Final adoption of Ordinance 2017
c. Design Review Board Ordinance Updates
Adoption of Ordinance 2018 - An Ordinance of the City of San Rafael Amending Section
14.25.070 and Adding Sections 2.16.120 Through 2.16.122 of the San Rafael Municipal
Code Related to the Design Review Board (CC)
Final adoption of Ordinance 2018
4
d. Fire Commission Ordinance Updates
Adoption of Ordinance 2019 – An Ordinance of the City of San Rafael Amending Sections
2.16.010 Through 2.16.013 of the San Rafael Municipal Code Related to the Fire
Commission Board (CC)
Final adoption of Ordinance 2019
e. General Plan
General Plan Annual Progress Report (GPAPR) for 2021 (CD)
Accepted report
f. On-Call and Environmental Planning Consulting Services Agreement
Resolution Approving and Authorizing the City Manager to Execute an Agreement for
Professional Services with M-Group for On-Call Contract Planning and Environmental
Consulting Services In An Amount Not to Exceed $100,000 (CD)
Resolution 15133 - Resolution Approving and Authorizing the City Manager to Execute an
Agreement for Professional Services with M-Group for On-Call Contract Planning and
Environmental Consulting Services In An Amount Not to Exceed $100,000
g. National Disability Employment Awareness Month
Proclamation Supporting National Disability Employment Awareness Month (CD)
Received and filed
h. San Rafael Fire Department Fleet Replacement FY 2022-23
Resolution Approving and Authorizing the City Manager to Purchase Three (3) Fire
Department Vehicles for Replacement, In an Amount Not to Exceed $998,000 (PW)
Resolution 15134 - Resolution Approving and Authorizing the City Manager to Purchase Three
(3) Fire Department Vehicles for Replacement, In an Amount Not to Exceed $998,000
i. Proposed Fees for Pilot Fall/Winter Aquatics Program
Resolution Approving Fees for Pilot Fall/Winter Aquatics Program at the Terra Linda
Community Pool (LR)
Resolution 15135 - Resolution Approving Fees for Pilot Fall/Winter Aquatics Program at the
Terra Linda Community Pool
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
SPECIAL PRESENTATION
5. Special Presentation:
a. Presentation from Mark Brown on the Marin Wildfire Prevention Authority (FD)
Darin White, Fire Chief introduced Mark Brown, Marin Wildfire Prevention Authority
(MWPA) Executive Director who gave a presentation.
Mark Brown, MWPA Executive Director and Darin White, Fire Chief responded to questions
from Councilmembers.
Mayor Pro Tem Kertz invited public comment.
5
Speaker: Jonathan Frieman
b. Proclamation Supporting Fire Prevention Week (FD)
Mayor Pro Tem Kertz presented the proclamation.
Darin White, Fire Chief provided comments.
Mayor Pro Tem Kertz invited public comment; however, there was none.
OTHER AGENDA ITEMS
6. Other Agenda Items:
a. “Streetaries” Outdoor Eating Areas Standards and Fees
“Streetaries” Outdoor Eating Areas Standards, Fees & Ordinance (PW)
April Miller, Public Works Director presented the Staff Report.
Staff responded to questions from Councilmembers.
Mayor Pro Tem Kertz invited public comment; however, there was none.
Councilmembers provided comments.
Discussion regarding modifying language (that Staff recommended in the presentation)
regarding removing gender specific language to ordinance and standards.
Genevieve Coyle, Assistant City Attorney read the proposed language into the record:
In Section 11.70.120, “his designee” will be replaced with “their designee.” In Section
11.70.130, there are two places where “his designee” will be replaced with “their designee.”
And then, the standards will be updated to correspond with that language.
i. Adoption of Ordinance 2016 - An Ordinance Adding Chapter 11.70 (“Streetaries”
Outdoor Eating Areas) to Title 11 (Public Works) of the San Rafael Municipal Code;
Amending Section 14.16.277 of Chapter 14.16 (Site Use and Regulations), Section
14.17.110 of Chapter 14.17 (Performance Standards), Section 14.05.020 of Chapter
14.05 (Commercial and Office Districts), Section 14.06.020 of Chapter 14.06 (Industrial
Districts) and Section 14.08.020 of Chapter 14.08 (Marine District) of Title 14 (Zoning)
of the San Rafael Municipal Code; and Amending Table 2.3.070.A (Use Table) of
Chapter 9 (Downtown Form-Based Code) of the Downtown San Rafael Precise Plan
Relating to Outdoor Eating Areas in the Public Right-of-Way
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt
Ordinance 2016, with modifications read by the Assistant City Attorney.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Final Adoption of Ordinance 2016
6
ii. Resolution Approving the Streetary Program Design and Development Standards and
Fees Under the Streetaries Ordinance, Chapter 11.70 of the San Rafael Municipal Code
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Resolution 15136 - Resolution Approving the Streetary Program Design and Development
Standards and Fees Under the Streetaries Ordinance, Chapter 11.70 of the San Rafael Municipal
Code
b. FY 2022-23 City of San Rafael Canal Maintenance Dredging
Resolution Approving and Authorizing the City Manager to Award and Execute a
Construction Agreement for the FY 2022-23 City of San Rafael Canal Maintenance
Dredging Project, City Project No. 11423, to the Dutra Group, in a Not to Exceed Amount
of $3,468,000, and Authorizing Contingency Funds in the Amount of $346,800, for a Total
Appropriated Amount of $3,814,800, which Includes a Transfer from the General Fund to
Fund 401 in the Amount of $649,200 to Cover the City Portion of the Dredge (PW)
April Miller, Public Works Director introduced Stephen Acker, Sr. Management Analyst
(Public Works) who presented the Staff Report.
Staff, including Scott Bodensteiner, Haley & Aldrich responded to questions from
Councilmembers.
Mayor Pro Tem Kertz invited public comment.
Speakers: Jonathan Frieman, Name withheld
Staff responded to public comment.
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Resolution 15137 - Resolution Approving and Authorizing the City Manager to Award and
Execute a Construction Agreement for the FY 2022-23 City of San Rafael Canal Maintenance
Dredging Project, City Project No. 11423, to the Dutra Group, in a Not to Exceed Amount of
$3,468,000, and Authorizing Contingency Funds in the Amount of $346,800, for a Total
Appropriated Amount of $3,814,800, which Includes a Transfer from the General Fund to Fund
401 in the Amount of $649,200 to Cover the City Portion of the Dredge
SAN RAFAEL SUCCESSOR AGENCY:
1. Consent Calendar: - None.
7
ADJOURNMENT:
Mayor Pro Tem Kertz adjourned the meeting at 8:44 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
RACHEL KERTZ, Mayor Pro Tem