HomeMy WebLinkAboutCC SA Minutes 2024-07-15
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, JULY 15, 2024
REGULAR MEETING AT 6:00 P.M.
San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
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have 2-minutes to provide public comment per agenda item.
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meeting.
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OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:40 PM
1. Mayor Kate to announce Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:40 PM
2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Paragraph (2) of subdivision (d) of Government Code
Section 54956.9): 1 potential case
b. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code Section 54956.9: 1 case
1. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No.
23-cv-04085-EMC)
Present: Councilmember Bushey
Councilmember Kertz
Mayor Kate
Absent: Vice Mayor Hill
Councilmember Llorens Gulati
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
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Mayor Kate called the meeting to order at 6:01 p.m. and invited City Clerk Lindsay Lara to call the
roll. Vice Mayor Hill and Councilmember Llorens Gulati were absent.
City Attorney Robert Epstein announced that no reportable action was taken in closed session.
Mayor Kate provided opening remarks which included gratitude to City Staff, an announcement of
the Employee of the Quarter John Olmos, San Rafael Parking Attendant, the recent loss of
community member Rich Nave, and a land acknowledgment.
City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded
and streamed live to YouTube and through Zoom. She noted the two-minute timer for public
comment and closed captioning on Zoom.
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 Cristine Alilovich reported on:
• November 5, 2024 General Municipal Election Nomination Period (opened today, July 15
and will run through August 9) to run for Office for Mayor, City Councilmember Districts 1
& 4, City Attorney, City Clerk and San Rafael City Schools Board of Education Trustee Areas
1, 3, & 5 - If incumbents fail to file, those seats will extend through Wednesday, August 14
• Police Advisory and Accountability Committee meeting to be held Wednesday, July 17 at
6pm in San Rafael City Council Chambers
• San Rafael Police Department “Touch-a-Truck” event to be held Saturday, July 27, from
10am to 2pm at Al Boro Community Center and Pickleweed Park
• 41st Annual National Night Out (NNO) crime prevention event to be held Tuesday, August
6, from 6-8pm
• San Rafael Chamber of Commerce and Downtown Business Improvement District to host
First Annual Dancing Under the Lights, Friday, August 9, from 5-9pm on Fourth Street, from
A Street to Lootens Place
• August 5 City Council meeting to be cancelled - Regular meeting to resume on August 19
• All Things Homelessness Update scheduled for the August 19 City Council meeting
City Councilmember Reports:
• Councilmember Bushey reported on a Fire Station 57 event, a San Rafael Sanitation
District (SRSD) meeting, a Marin County Council of Mayors & Councilmembers
(MCCMC) meeting, a Local Agency Formation Commission (LAFCO) representative
meeting and a Central Marin Sanitation Agency (CMSA) meeting.
• Mayor Kate reported on Sonoma Marin Area Rapid Transit (SMART), two Transportation
Authority of Marin (TAM) meetings, a Bay Area Climate Adaptation Network (BayCAN)
meeting and the Marin County Fair.
Mayor Kate invited public comment.
Speakers: Eva Chrysanthe, Name withheld
CONSENT CALENDAR:
Mayor Kate invited public comment on the Consent Calendar items.
Speakers: Name withheld, Joel Eis, Name withheld
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Councilmember Bushey moved and Councilmember Kertz seconded to approve the Consent
Calendar.
4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of June 17, 2024 and the Special
City Council Meeting of June 21, 2024 (CC)
Approved minutes as submitted
b. Amendments to Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard
Areas”
Final Adoption of Ordinance No. 2037: An Ordinance Amending Title 18 of the San Rafael
Municipal Code “Protection of Flood Hazard Areas”, to Meet or Exceed the Federal
Emergency Management Agency’s Minimum Standards for Development in Flood Hazard
Areas (CC)
Final Adoption of Ordinance No. 2037
c. Stipend Compensation Program for Boards, Commissions and Committees; And City
Council Compensation
Final Adoption of Ordinance No. 2038: An Ordinance Adjusting the Compensation for the
Mayor and City Council (CC)
Final Adoption of Ordinance No. 2038
d. Planning Commission and Design Review Board Consolidation
Final Adoption of Ordinance No. 2039: An Ordinance Amending Title 2 – Administration
of the San Rafael Municipal Code to Add Design Professionals to the Planning Commission
Membership Composition, and Amend Titles 14 – Zoning, and 15 – Subdivisions of the San
Rafael Municipal Code, to Dissolve the Design Review Board and Transfer Existing Duties
of the Design Review Board to the Planning Commission, or Zoning Administrator, or
Director of Community and Economic Development (CC)
Final Adoption of Ordinance No. 2039
e. Planning Commission Bylaw Amendment
Resolution Amending the Planning Commission’s Bylaws (CC)
Resolution 15317 - Resolution Amending the Planning Commission’s Bylaws
f. Acceptance of Grant from Marin Community Foundation
Resolution Accepting the Grant of Funds from the Marin Community Foundation for a
Two-Year Climate Justice and Engagement Manager and Appropriating Funds in the
Amount of $297,960 (CM)
Resolution 15318 - Resolution Accepting the Grant of Funds from the Marin Community
Foundation for a Two-Year Climate Justice and Engagement Manager and Appropriating Funds
in the Amount of $297,960
g. West End Block Party 2024 Temporary Street Closure
Resolution Authorizing the Temporary Closure of Streets in San Rafael for the West End
Block Party 2024 (CED)
Resolution 15319 - Resolution Authorizing the Temporary Closure of Streets in San Rafael for the
West End Block Party 2024
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h. San Rafael Public Library Foundation Donation for Constructing a New Library
Resolution Establishing a San Rafael Public Library Foundation Donation Account (LR)
Resolution 15320 - Resolution Establishing a San Rafael Public Library Foundation Donation
Account
i. Third Street Rehabilitation Project
Accept Completion of the Third Street Rehabilitation Project, City Project No. 11315, and
Authorize the City Clerk to File the Notice of Completion (PW)
Accepted Completion and authorized the City Clerk to file the Notice of Completion
j. Third Street Safety Improvements Project
Accept Completion of the Third Street Safety Improvements Project, City Project No.
11362, and Authorize the City Clerk to File the Notice of Completion (PW)
Accepted Completion and authorized the City Clerk to file the Notice of Completion
k. Pickleweed Park Enhancement Project
Authorize and Award Agreements for the Pickleweed Park Enhancement Project,
Including (PW):
i. Construction Agreement to Bauman Landscape and Construction, Inc. and Authorize
$7,120,000 for Project Construction
Awarded the Construction Agreement to Bauman Landscape and Construction, Inc. in the
amount of $6,031,641.50; And, authorized the City Manager to execute the construction
agreement not to exceed the amount of $7,120,000 including contingency funds of
$1,088,358.50
ii. Professional Services Agreement with Coastland Civil Engineering, Inc. for
Construction Management, Inspection, and Testing Services in the Amount Not to
Exceed $644,575
Authorized the City Manager to enter into a Professional Services Agreement with Coastland
Civil Engineering, Inc. for construction management, inspection, and testing services in the
amount not to exceed $644,575
iii. Second Amendment to Professional Services Agreement with Gates + Associates for
Construction Administration Services, in an Additional Amount of $19,450, Increasing
the Total Not-To-Exceed Amount of the Agreement to $565,784
Authorized the City Manager to enter into a second amendment to the Professional Services
Agreement with Gates + Associates for construction administration services in an additional
amount of $19,450, increasing the total not-to-exceed amount of the agreement to
$565,784
iv. Approve the Plans and Specifications for the Pickleweed Park Enhancement Project,
Deemed Reasonable by the City Engineer, for City Project No. 11376, on File in the
Department of Public Works
Approved the Plans and Specifications for the Pickleweed Park Enhancement Project,
deemed reasonable by the City Engineer, for City Project No. 11376, on File in the
Department of Public Works
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l. Special Tax on Properties at Loch Lomond 10 - Mello-Roos District No. 1992-1
Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch
Lomond #10) for Fiscal Year 2024-25 (PW)
Resolution 15321 - Resolution Setting the Special Tax for Community Facilities District No.
1992-1 (Loch Lomond #10) for Fiscal Year 2024-25
m. The Village at Loch Lomond Marina – Mello-Roos District No. 2
Resolution Setting the Special Tax for City of San Rafael Community Facilities District No.
2 (The Village at Loch Lomond Marina) for Fiscal Year 2024-25 (PW)
Resolution 15322 - Resolution Setting the Special Tax for City of San Rafael Community Facilities
District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2024-25
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
PUBLIC HEARINGS
5. Public Hearings:
a. Baypoint Lagoons Assessment District
Resolution Confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment
District and the Assessment Diagram Connected Therewith and Ordering the Levy and
Collection of Assessments for FY 2024-25 (PW)
Deputy Director of Administrative Services (Public Works) Jonathan Schellin presented the
Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speaker: Michael Glasner
Staff responded to questions raised during public comment.
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment District and
the Assessment Diagram connected therewith and ordering the levy and collection of
assessments for FY 2024-25.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15323 - Resolution Confirming the Engineer’s Annual Report for the Baypoint Lagoons
Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy
and Collection of Assessments for FY 2024-25
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b. Point San Pedro Road Median Landscaping Assessment District
Resolution Confirming the Engineer’s Annual Levy Report for the Point San Pedro Road
Median Landscaping Assessment District and the Assessment Diagram Connected
Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25 (PW)
Deputy Director of Administrative Services (Public Works) Jonathan Schellin presented the
Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there were none.
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
confirming the Engineer’s Annual Levy Report for the Point San Pedro Road Median
Landscaping Assessment District and the Assessment Diagram Connected therewith and
ordering the levy and collection of assessments for FY 2024-25.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15324 - Resolution Confirming the Engineer’s Annual Levy Report for the Point San
Pedro Road Median Landscaping Assessment District and the Assessment Diagram Connected
Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25
OTHER AGENDA ITEMS
6. Other Agenda Items:
a. Response to the Grand Jury Report on E-Bike Safety
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin
County Civil Grand Jury Report Titled “With Power Comes Responsibility - Youths Under
Age 16 Operating Class 2 E-Bikes: A Safety Risk” (PD)
Chief of Police David Spiller presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Mahmoud Shirazi, Michael Glasner, Name withheld, Name withheld, Name
withheld
Staff responded to questions raised during public comment.
Councilmembers provided comments.
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Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution
approving and authorizing the Mayor to execute the Response to the Marin County Civil
Grand Jury Report titled “With Power Comes Responsibility - Youths Under Age 16
Operating Class 2 E-Bikes: A Safety Risk.”
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15325 - Resolution Approving and Authorizing the Mayor to Execute the Response to
the Marin County Civil Grand Jury Report Titled “With Power Comes Responsibility - Youths
Under Age 16 Operating Class 2 E-Bikes: A Safety Risk”
b. Response to Grand Jury Report – Cyber Preparedness – Are We There Yet?
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin
County Civil Grand Jury Report Entitled – Cyber Preparedness – Are We There Yet? (DS)
Director of Digital Service and Open Government Sean Mooney presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speaker: Name withheld
Staff responded to questions raised in public comment.
Councilmembers provided comments.
Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution
approving and authorizing the Mayor to execute the Response to the Marin County Civil
Grand Jury Report entitled – Cyber Preparedness – Are We There Yet?
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15326 - Resolution Approving and Authorizing the Mayor to Execute the Response to
the Marin County Civil Grand Jury Report Entitled – Cyber Preparedness – Are We There Yet?
c. Proposed Update to Master Fee Schedule – Childcare
Resolution Authorizing an Update to the Master Fee Schedule to Establish Childcare
Program Rates for the 2024-25 School Year (LR)
Finance Director Paul Navazio presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment; however, there were none.
Councilmembers provided comments.
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Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
authorizing an update to the Master Fee Schedule to establish childcare program rates for
the 2024-25 school year.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15327 - Resolution Authorizing an Update to the Master Fee Schedule to Establish
Childcare Program Rates for the 2024-25 School Year
d. Salary and Benefit Plans for Temporary Employees
Resolutions Regarding Salary and Benefit Plans for Temporary Employees (HR)
i. Resolution Rescinding Resolution No. 15020 and Establishing a Salary and Benefit
Plan for Temporary, Seasonal and Retiree Employees
ii. Resolution Establishing a Salary and Benefit Plan for Non-Exempt Fixed-Term
Employees
iii. Resolution Establishing a Salary and Benefit Plan for Exempt Fixed-Term Employees
City Manager Cristine Alilovich provided opening comments.
Human Resources Director Marissa Sanchez presented the Staff Report.
Mayor Kate invited public comment; however, there were none.
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
rescinding Resolution No. 15020 and establishing a salary and benefit plan for temporary,
seasonal and retiree employees.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15328 - Resolution Rescinding Resolution No. 15020 and Establishing a Salary and
Benefit Plan for Temporary, Seasonal and Retiree Employees
Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution
establishing a salary and benefit plan for non-exempt fixed-term employees.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15329 - Resolution Establishing a Salary and Benefit Plan for Non-Exempt Fixed-Term
Employees
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Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
establishing a salary and benefit plan for exempt fixed-term employees.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15330 - Resolution Establishing a Salary and Benefit Plan for Exempt Fixed-Term
Employees
e. Successor Memorandum of Understanding with the Service Employees International
Union, Local 1021 (SEIU Local 1021)
Resolution Approving a Successor Memorandum of Understanding Pertaining to
Compensation and Working Conditions for the Service Employees International Union,
Local 1021 (July 1, 2024, Through June 30, 2027)
Human Resources Director Marissa Sanchez presented the Staff Report.
Mayor Kate invited public comment; however, there were none.
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
approving a Successor Memorandum of Understanding pertaining to compensation and
working conditions for the Service Employees International Union, Local 1021 (July 1, 2024,
Through June 30, 2027).
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15331 - Resolution Approving a Successor Memorandum of Understanding Pertaining
to Compensation and Working Conditions for the Service Employees International Union, Local
1021 (July 1, 2024, Through June 30, 2027)
f. Salary Resolution for Unrepresented Executive Management Employees
Resolution Establishing the Compensation and Working Conditions for Unrepresented
Executive Management Employees (July 1, 2024 through June 30, 2027) and Authorizing
the City Manager to Enter into Employment Agreements with the Unrepresented
Executive Management Employees
City Manager Cristine Alilovich provided opening comments.
Human Resources Consultant Angela Nicholson presented the Staff Report.
Mayor Kate invited public comment.
Speaker: Name withheld
Staff responded to questions raised in public comment.
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Councilmembers provided comments.
Councilmember Kertz moved and Councilmember Bushey seconded to adopt the resolution
establishing the compensation and working conditions for unrepresented executive
management employees (July 1, 2024 through June 30, 2027) and authorizing the City
Manager to enter into employment agreements with the unrepresented executive
management employees.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15332 - Resolution Establishing the Compensation and Working Conditions for
Unrepresented Executive Management Employees (July 1, 2024 through June 30, 2027) and
Authorizing the City Manager to Enter into Employment Agreements with the Unrepresented
Executive Management Employees
g. Compensation For Elected City Clerk and Elected Part-Time City Attorney Compensation
Resolution Establishing the Compensation and Working Conditions for the Elected City
Clerk and Elected Part-Time City Attorney (July 1, 2021 Through June 30, 2024) (HR)
Assistant City Manager Angela Robinson-Pinon presented the Staff Report and noted the
clerical error in the dates on the title of the Staff Report.
Mayor Kate invited public comment.
Speaker: Name withheld
Councilmembers provided comments.
Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution
establishing the Compensation and Working Conditions for the Elected City Clerk and
Elected Part-Time City Attorney (July 1, 2024 Through June 30, 2027) (HR)
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
Resolution 15333 - Resolution Establishing the Compensation and Working Conditions for the
Elected City Clerk and Elected Part-Time City Attorney (July 1, 2024 Through June 30, 2027)
(HR)
OPEN TIME FOR PUBLIC EXPRESSION
• Susan Kay Gilbert addressed the City Council regarding pedestrian safety at Vivalon crosswalk
and expressed her appreciation to City staff for their prompt response to her emails.
• Suzanne Becker, Captain’s Cove Homeowners Association addressed the City Council regarding
the fire located behind the Regency Theater.
• Victor Fridman addressed the City Council regarding the fire located behind the Regency
Theater.
• Peter addressed the City Council regarding an incident where someone threw a fentanyl pipe
into his moving vehicle and other public safety concerns.
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• Name withheld addressed the City Council regarding the fire located behind the Regency
Theater and pedestrian safety in front of Vivalon.
• Name withheld addressed the City Council regarding the public comments from others and
Gaza.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 8:40 p.m. in honor of Richard Nave (former councilmember)
who recently passed away.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2024
_____________________________________
KATE COLIN, Mayor