HomeMy WebLinkAboutCCSA Minutes 2022-10-17
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 17, 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-2022-10-17
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 899-2635-9885#
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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.
Present: Councilmember Bushey
Councilmember Hill
Vice Mayor Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
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Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 7:03 p.m. and invited City Clerk Lindsay Lara to call the
roll. All members of the City Council were present.
City Attorney Robert Epstein announced that no reportable action was taken in the Closed Session
held on October 11, 2022 at 7:00 p.m.
Mayor Kate provided opening remarks, which included the hybrid City Council meeting, gratitude
to City Staff, a San Rafael Cultural Arts District update, a community art project unveiling at Arbor
Park to be held Saturday, October 22 11 a.m.-12:30 p.m., Dia de los Muertos Car Procession and
Alter Display to be held Saturday, October 22 3-4 p.m., Trick or Treat on 4th Street to be held
Saturday, October 29 1-3 p.m. 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
• Jeff Rhoads, Resilient Shore addressed the City Council regarding San Rafael sea level rise
and flood risk reduction. He expressed gratitude for the City bringing onboard new
Adaptation Planner, Kate Hagemann.
• Richard O’Brien addressed the City Council regarding Consent Calendar Item 4.c Citizen of
the Year Award Designation.
• Eva Chrysanthe addressed the City Council regarding the services at the Service Support
Area.
• Linda Lang addressed the City Council regarding residential developments planned at
Northgate.
• Rose addressed the City Council regarding Consent Calendar Item 4.c Citizen of the Year
Award Designation.
• John Reynolds addressed the City Council requesting updates on the recent use of force
incident by San Rafael police officers, the plan for the Canal (in addition to the recent lighting
and paving), and the 400 Canal Street apartment building’s new ownership/evictions.
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:
• Community Conversations Update
- Community Conversations to be held October 22 – November 14
• Recent Use of Force Incident by San Rafael Police Officers Update
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- Policing in our Community Meetings to be held at the Al Boro Community Center
(and virtually) Monday, October 24 at 6 p.m. and Thursday, November 3 at 6 p.m.
Councilmember Reports:
• Councilmember Kertz reported on Marin Emergency Radio Authority (MERA) meetings and
a tour of independent housing units in Petaluma. She announced her Community
Conversation to be held Saturday, October 22 at Ounces Outdoors at 12:30 p.m., following
the Arbor Park art project unveiling to be held at 11 a.m.
• Councilmember Hill reported on a tour of the Downtown San Rafael Arts District with state
legislators and the Canal dredging kick-off.
• Councilmember Bushey reported on the Canal dredging kick-off, as well as, San Rafael
Library Foundation, Central Marin Sanitation Agency and Las Gallinas Water District
meetings. She noted her Community Conversation was held last week and she thanked
Mayor Kate for attending in her place.
• Councilmember Llorens Gulati reported on her interview on the weekly radio show Cuerpo
Corazon Communidad (Body Heart Community), Supervisor Dennis Rodoni’s Community
Conversation, an Economic Development Subcommittee meeting and the Canal dredging
kick-off. She announced her Community Conversation to be held Monday, November 14 at
the Al Boro Community Center at 6 p.m. She noted Dia de los Muertos is coming up on
November 5 in the Canal.
• Mayor Kate reported on the Canal dredging kick-off, a Walk and Roll (Safe Routes to
Schools/Transportation Authority of Marin). She announced her Community Conversation
to be held Wednesday, November 3 at the Terra Linda Community Center at 5:30 p.m.
Mayor Kate invited public comment.
Speaker: Eva Chrysanthe
CONSENT CALENDAR:
Mayor Kate pulled Item 4.c from the Consent Calendar for further discussion.
Mayor Kate invited public comment on all Consent items, 4.a through 4.i.
Speaker: Eva Chrysanthe
Councilmember Kertz moved and Councilmember Hill seconded to approve the Consent Calendar,
excluding Item 4.c., and the City Clerk read the title of the ordinance presented in item 4.f
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the City Council Regular and Special Meetings of September 19, 2022
and the City Council Regular Meeting of October 3, 2022 (CC)
Approved minutes as submitted
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b. 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 15138 - 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
c. Citizen of the Year Award Designation
Resolution Designating “The Richard P. O’Brien and Mary Ferrario O’Brien Citizen of the
Year Award” as the “Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award”
(CC)
This item was held from the Consent Calendar.
Lindsay Lara, City Clerk presented the Staff Report.
Staff responded to questions from Councilmembers.
Councilmembers provided comments.
Mayor Kate invited further public comment on this item.
Speakers: Richard O’Brien, Eva Chrysanthe
Due to a technical difficulty resulting in audio being muted for community members
participating on Zoom, City Clerk Lindsay Lara re-presented the Staff Report, and reiterated
the questions posed by the City Council.
Mayor Kate re-invited public comment on this item.
Speakers: Jonathan Frieman, Rose, Eva Chrysanthe, John Reynolds
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Councilmember Hill seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15147 - Resolution Designating “The Richard P. O’Brien and Mary Ferrario O’Brien
Citizen of the Year Award” as the “Richard P. O’Brien and Mary Ferrario O’Brien Public Service
Award”
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d. Information Technology Services Agreement Renewal
Resolution Authorizing the City Manager to Execute a General Service Agreement with
Addendum with Xantrion, Inc., for Information Technology Services from November 1,
2022 Through October 31, 2023 in an Amount Not to Exceed $1,068,350 (DS)
Resolution 15139 - Resolution Authorizing the City Manager to Execute a General Service
Agreement with Addendum with Xantrion, Inc., for Information Technology Services from
November 1, 2022 Through October 31, 2023 in an Amount Not to Exceed $1,068,350
e. City Quarterly Investment Report
Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending
September 30, 2022 (Fin)
Accepted report
f. Triannual Fire Code Ordinance Amendments
Introduction of An Ordinance of the City of San Rafael City Council Amending Chapter
4.08 of the San Rafael Municipal Code to Adopt by Reference the California Fire Code 2022
Edition with Amendments, the International Fire Code 2021 Edition, and Appendix A of
the 2021 International Wildland-Urban Interface Code and Adopting Findings of Fact
Supporting the Amendments to Such Codes; and Setting a Public Hearing for November 7,
2022 (FD)
Waived further reading of the ordinance and referred to it by title only, introduced the Ordinance,
and set a public hearing for November 7, 2022
g. Sponsorship of Minor Park Amenities Policy
Resolution Adopting the Sponsorship of Minor Park Amenities Policy, and Rescinding
Resolution 8923 Donation of Park Trees and Bench Guidelines (LR)
Resolution 15140 - Resolution Adopting the Sponsorship of Minor Park Amenities Policy, and
Rescinding Resolution 8923 Donation of Park Trees and Bench Guidelines
h. Increase Construction Contingency on Fire Stations 54 & 55 Essential Facilities Projects
Resolution Authorizing Additional Construction Contingency Funds for Phase 2 Essential
Facilities Projects – Fire Stations 54 and 55, In an Amount Not to Exceed $450,000, For a
Total Construction Contingency Amount of $1,330,900 (PW)
Resolution 15141 - Resolution Authorizing Additional Construction Contingency Funds for Phase
2 Essential Facilities Projects – Fire Stations 54 and 55, In an Amount Not to Exceed $450,000,
For a Total Construction Contingency Amount of $1,330,900
i. One Bay Area Grant (OBAG3) Resolutions
Resolution of Compliance with State Housing Laws and Resolutions of Local Support for
Four Projects: Canal Active Transportation Improvements, Canal/Southeast San Rafael
PDA, Northgate PDA and Second and Fourth Street Intersection Improvements (PW/CD)
i. Resolution Verifying Compliance with State Housing Laws
Resolution 15142 - Resolution Verifying Compliance with State Housing Laws
ii. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and
Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Canal Active Transportation Improvements Project
Resolution 15143 - Resolution Authorizing the Filing of Application for Funding Assigned to
MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Canal Active Transportation Improvements Project
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iii. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and
Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Canal/Southeast Area PDA Study Project
Resolution 15144 - Resolution Authorizing the Filing of Application for Funding Assigned to
MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Canal/Southeast Area PDA Study Project
iv. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and
Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Northgate Area PDA Study Project
Resolution 15145 - Resolution Authorizing the Filing of Application for Funding Assigned to
MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Northgate Area PDA Study Project
v. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and
Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Second and Fourth Street Intersection Improvements Project
Resolution 15146 - Resolution Authorizing the Filing of Application for Funding Assigned to
MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the
Second and Fourth Street Intersection Improvements Project
SPECIAL PRESENTATION
5. Special Presentation:
a. Presentation of Proclamation Supporting the 2022 Great Shake Out Earthquake Drill (FD)
Mayor Kate presented the proclamation.
Richard Diaz, Community Disaster Preparedness Coordinator provided comments in English
and Spanish.
Mayor Kate invited public comment.
Speaker: Eva Chrysanthe
OTHER AGENDA ITEMS
6. Other Agenda Items:
a. Transit Center Relocation Draft Environmental Impact Report Update
Informational Update from Golden Gate Bridge, Highway & Transportation District
Regarding the New Downtown San Rafael Transit Center (PW/CD)
Ali Giudice, Community Development Director presented the Staff Report.
Adam Dankberg and Shilpa Trisal, Golden Gate Bridge, Highway & Transportation District
gave a presentation.
Staff responded to questions from Councilmembers.
Mayor Kate invited public comment.
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Speakers: Jeff Rhoads, Resilient Shore, Kevin Hagerty, League of Women Voters of Marin
County Transportation, Land Use & Housing Committee, Bill Carney, Sustainable San Rafael,
John Reynolds, Eva Chrysanthe, Warren Wells, Marin County Bicycle Coalition, Aaron
Burnett, Canal Alliance, Jonathan Frieman
Staff responded to public comment.
Councilmembers provided comments.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to accept the
report.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted report
b. San Quentin Pump Station Reconstruction
Adopt Resolutions for the San Quentin Pump Station Reconstruction Project, City Project
No. 11334 (PW)
April Miller, Public Works Director introduced Theo Sanchez, Associate Civil Engineer who
presented the Staff Report.
Staff responded to questions from Councilmembers.
Mayor Kate invited public comment.
Speakers: Jeff Rhoads, Resilient Shore, Bill Carney, Sustainable San Rafael, Kate Powers, Eva
Chrysanthe
Staff responded to public comment.
Councilmembers provided comments.
i. Resolution Awarding and Authorizing the City Manager to Execute the Construction
Agreement for the San Quentin Pump Station Reconstruction Project to Thompson
Builders Corporation, in the Amount of $6,538,725 and Authorizing Contingency Funds
in the Amount of $685,275 For a Total Contract Appropriation of $7,224,000
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15148 - Resolution Awarding and Authorizing the City Manager to Execute the
Construction Agreement for the San Quentin Pump Station Reconstruction Project to Thompson
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Builders Corporation, in the Amount of $6,538,725 and Authorizing Contingency Funds in the
Amount of $685,275 For a Total Contract Appropriation of $7,224,000
ii. Resolution Authorizing and Directing the City Manager to Execute a Deductive Change
Order to the Thompson Builders Corporation Construction Agreement for the San
Quentin Pump Station Reconstruction Project in the Amount of $724,000, For a
Revised Contract Appropriation of $6,500,000
Councilmember Bushey moved and Councilmember Hill seconded to adopt the resolution.
AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: Kertz & Llorens Gulati
ABSENT: Councilmembers: None
Resolution 15149 – Resolution Authorizing and Directing the City Manager to Execute a
Deductive Change Order to the Thompson Builders Corporation Construction Agreement for the
San Quentin Pump Station Reconstruction Project in the Amount of $724,000, For a Revised
Contract Appropriation of $6,500,000
iii. Resolution Approving and Authorizing the City Manager to Execute a Professional
Services Agreement with AlphaCM, Inc. for Construction Management, Inspection,
and Testing Services Associated with the San Quentin Pump Station Reconstruction
Project, in the Amount Not to Exceed $515,716
Councilmember Kertz moved and Councilmember Bushey seconded to adopt the
resolution.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15150 – Resolution Approving and Authorizing the City Manager to Execute a
Professional Services Agreement with AlphaCM, Inc. for Construction Management, Inspection,
and Testing Services Associated with the San Quentin Pump Station Reconstruction Project, in
the Amount Not to Exceed $515,716
iv. Resolution Approving and Authorizing the City Manager to Execute a Second
Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh
Engineering Group, Inc. for Bid, Construction, and Environmental Compliance Support
Services Associated with the San Quentin Pump Station Reconstruction Project, in the
Amount Not to Exceed $130,550, for a Revised Total Agreement Amount of $504,567
Councilmember Hill 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 15151 - Resolution Approving and Authorizing the City Manager to Execute a Second
Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group,
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Inc. for Bid, Construction, and Environmental Compliance Support Services Associated with the
San Quentin Pump Station Reconstruction Project, in the Amount Not to Exceed $130,550, for
a Revised Total Agreement Amount of $504,567
SAN RAFAEL SUCCESSOR AGENCY:
Chair Kate invited public comment; however, there was none.
Member Bushey moved and Member Kertz seconded to approve the Consent Calendar.
1. Consent Calendar:
a. Successor Agency Quarterly Investment Report
Acceptance of Successor Agency Quarterly Investment Report for the Quarter Ending
September 30, 2022 (Fin)
Accepted report
AYES: Members: Bushey, Hill, Kertz, Llorens Gulati & Chair Kate
NOES: Members: None
ABSENT: Members: None
ADJOURNMENT:
Mayor Kate adjourned the meeting at 10:40 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
KATE COLIN, Mayor