HomeMy WebLinkAboutCC SA Minutes 2024-11-04
MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, NOVEMBER 4, 2024
SPECIAL MEETING AT 4:00 P.M.
REGULAR MEETING AT 6:00 P.M.
This meeting will be held in-person. This meeting is being streamed to YouTube at
www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will
have 2-minutes to provide public comment per agenda item.
• Submit your comments by email to city.clerk@cityofsanrafael.org by 4:00 p.m. the day of the
meeting.
If you experience technical difficulties during the meeting, please contact city.clerk@cityofsanrafael.org.
SPECIAL MEETING AT 4:00 P.M.
San Rafael Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Zoom Webinar: https://tinyurl.com/sm-2024-11-04
Listen by phone: (669) 900-9128
ID: 846-9097-4634#
One Tap Mobile: +16699009128,,84690974634# US
Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
Also Present: City Clerk Lindsay Lara
Library & Recreation Director Catherine Quffa
Mayor Kate called the meeting to order at 4:00 p.m. and invited public comment; however, there
was none.
INTERVIEWS:
1. Interviews
a. Public Art Review Board Interviews
Interview Applicants and Make an Appointment to Fill One Four-Year Term Through the
End of October 2028 on the Public Art Review Board Due to the Expiration of Term of
Meili Zhao (CC)
The City Council interviewed the following applicants: Jack Fisher, Jennifer Skinner and
Meili Zhou. Nadia Tarzi Saccardi was not interviewed.
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to appoint
Jennifer Skinner to the Public Art Review Board to the end of October 2028, and
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recommended staff return to a future City Council meeting with a recommendation to
amend the bylaws to remove the Planning Commission liaison and to add another member
of the public to serve as a voting member. The City Council recommended staff return with
the appointment of Meili Zhou to the newly created public member position.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. Park and Recreation Commission Interviews
Interview Applicants and Make Appointments to Fill Two Four-Year Terms Through the
End of October 2028 on the Park and Recreation Commission Due to the Expiration of
Terms of Robert Sandoval and Kela Cabrales (CC)
The City Council interviewed the following applicants: Susanne Berg, Emily Willingham, Kela
Cabrales and Robert Sandoval.
Councilmember Llorens Gulati moved and Councilmember Hill seconded to appoint Kela
Cabrales and Robert Sandoval to the Park and Recreation Commission to the end of October
2028.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
c. Pickleweed Advisory Committee Interviews
Interview Applicants and Make Appointments to Fill Two Unexpired Four-Year Terms
Through the End of April 2027 on the Pickleweed Advisory Committee, Due to the
Voluntary Resignation of terms of Nancy Palacios and Jairo Ceballos (CC)
The City Council interviewed the following applicants: Sergio Campos and Darlin Ruiz.
Floridalma Rodas was not interviewed, and Braydan Young withdrew from the interview.
Councilmember Llorens Gulati moved and Councilmember Bushey seconded to appoint
Sergio Campos as the Non-Canal Resident, and Darlin Ruiz to the Pickleweed Advisory
Committee to the end of April 2027.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Mayor Kate adjourned to Closed Session at 5:35 p.m.
OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – FOLLOWING SPECIAL MEETING
2. Mayor Kate announced Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING SPECIAL MEETING
3. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One
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case)
b. Conference with Labor Negotiators – Government Code Section 54957.6
Lead Negotiators: Timothy L. Davis and Allison B. Hernandez (Burke, Williams & Sorensen)
Agency Designated Representatives: Cristine Alilovich, Paul Navazio, Marissa Sanchez, Nick
Biss, and Angela Robinson Piñon
Employee Organization: SEIU Local 1021
REGULAR MEETING AT 6:00 P.M.
San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:
Watch on Zoom Webinar: https://tinyurl.com/cc-2024-11-04
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844-3204-9611#
One Tap Mobile: +16694449171,,84432049611# US
Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
Also Present: City Manager Cristine Alilovich
City Attorney Rob Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:01 p.m. and invited City Clerk Lindsay Lara to call the
roll and all members of the City Council were present.
City Attorney Robert Epstein announced that no reportable action was taken in Closed Session
held before the meeting. After his announcement he made a correction where he indicated there
was reportable action taken in closed session, and that the City Council unanimously authorized
the initiation of a civil action for breach of contract and indemnity against Kimley-Horn in
connection with engineering services that they provided to the City several years ago.
Mayor Kate provided opening remarks which included gratitude to City Staff, speaking at the Black
Student Union’s Get Out the Vote event at Dominican University, Election Day on November 5,
2024 and a land acknowledgment.
City Clerk Lindsay Lara announced there would be Spanish language interpretation for Agenda Item
8.a Marin Sanitary Service Rates and Amendments for 2025. Also, she 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)
4. City Manager and Councilmember Reports:
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City Manager Cristine Alilovich reported on:
• City’s credit rating update
• New Redwood Bikeshare Pilot Program
• Northgate Town Square Project currently scheduled for December 2 City Council
meeting
• 2nd Friday Art Walk, to be held Friday, November 8, downtown, 5-8 p.m.
• Transportation Authority of Marin community workshop on the Bellam corridor
improvements to be held Thursday, November 14, at Marin Health and Wellness Center,
5:30-7:30 p.m.
• 43rd Annual Holiday of Lights and Winter Wonderland starts on Saturday, November 30,
downtown, 11 a.m. to 6 p.m.
• Lighted Boat Parade to be held Saturday, December 7.
• Menorah lighting and Gelt drop to be held Sunday, December 29, downtown, 5-6:30
p.m.
• SMART pathway grand opening, from McGinnis Parkway to Smith Ranch Road, to be
held Friday, November 22, noon.
• Voting Reminder for General Election
City Councilmember Reports:
• Vice Mayor Hill reported on a Marin County Council of Mayors & Councilmembers
(MCCMC) meeting where he is serving as president, a sanctioned encampment area tour
and his rotary manor presentation.
• Councilmember Kertz reported on the Chamber of Commerce Women of Industry
luncheon, a Marin County Council of Mayors & Councilmembers (MCCMC) meeting, a
Cal Cities Homeless Roundtable, a Capri & Silvera Parkway HOA meeting and a County
Youth E-Bike Safety Committee meeting.
• Councilmember Bushey reported on a San Rafael Sanitation District Board meeting and
the annual meeting of the Pt. San Pedro Road Coalition.
• Councilmember Llorens Gulati reported on a State of the North Bay Community and
Growth meeting, the Chamber of Commerce Women of Industry Awards, a BayWAVE
Executive Steering Committee meeting, a Sea Level Rise and Marin’s Bayside meeting, a
Marin County Council of Mayors & Councilmembers (MCCMC) meeting, a MC Clean
Energy Board retreat, a Climate Change Action Plan (CCAP) quarterly meeting, a virtual
Marin Green Home Tour, and a Dia de Los Muertos celebration at Pickleweed.
• Mayor Kate reported on the Dia de Los Muertos celebration at Pickleweed, a
Transportation Authority of Marin (TAM) meeting and a Girl Scout meeting.
Mayor Kate invited public comment.
Speaker: Shinji Sakai-Egi
CONSENT CALENDAR:
Mayor Kate invited public comment; however, there was none.
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent
Calendar.
5. Consent Calendar Items:
a. Approval of Minutes
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Approve Minutes of the Regular and Special City Council Meetings of October 21, 2024
(CC)
Approved minutes as submitted
b. Proclamation
Proclamation Supporting National Veterans & Military Families Month
Received and filed
c. First Responder Counseling Professional Services Agreement for Fiscal Years 2024-2028
Authorize the City Manager to Enter into a Professional Services Agreement with Public
Safety Family Counseling Group, Inc., from Fiscal Years 2024-2028, In the Amount Not to
Exceed $220,000 (HR)
Authorized the City Manager to enter into a Professional Services Agreement with Public Safety
Family Counseling Group, Inc. for first responder counseling services from fiscal years 2024-
2028, in an amount not to exceed $220,000; and, authorized a budget appropriation from the
Employee Benefits Fund (Fund 604)
d. Employee Relations Legal Services Professional Services Agreement Fiscal Years 2024-
2026
Authorize the City Manager to Enter into a Professional Services Agreement with Burke,
Williams & Sorensen, LLP for Employee Relations Legal Services, In an Amount Not to
Exceed $150,000, for Fiscal Years 2024-2026 (HR)
Authorized the City Manager to enter into a Professional Services Agreement with Burke,
Williams & Sorensen, LLP, for employee relations legal services, in an amount not to exceed
$150,000, for fiscal years 2024-2026
e. Labor Relations Legal Services Professional Services Agreement Fiscal Years 2024-2026
Authorize the City Manager to Enter into a Professional Services Agreement with Burke,
Williams & Sorensen, LLP for Labor Relations Legal Services, In an Amount Not to Exceed
$150,000, for Fiscal Years 2024-2026 (HR)
Authorized the City Manager to enter into a Professional Services Agreement with Burke,
Williams & Sorensen, LLP for labor relations legal services, in an amount not to exceed $150,000,
for fiscal years 2024-2026
f. Medi-Cal Transportation Intergovernmental Transfer Program for Calendar Year 2025
Authorize the City Manager to Execute a Certification Form for the San Rafael Fire
Department to Participate in an Intergovernmental Transfer (IGT) with the California
Department of Health Care Services (DHCS) for Reimbursement of Public Provider Ground
Emergency Medical Transportation (PP-GEMT) Services for the Service Period of January
1, 2025, Through December 31, 2025, and Transfers to DHCS Not to Exceed $700,000
(FD)
Authorized the City Manager to execute a certification form for the San Rafael Fire Department
to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California
Department of Health Care Services (DHCS) for reimbursement of Provider Ground Emergency
Medical Transportation (PP-GEMT) services for the service period of January 1, 2025, Through
December 31, 2025, and make transfers not to exceed $700,000
g. Emergency Medical Services (EMS) Billing and Collection
Authorize the City Manager to Negotiate a Professional Services Agreement with Wittman
Enterprises, LLC (Wittman) for Emergency Medical Services (EMS) Billing and Collection
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Services in an Amount Not to Exceed $825,000 for Five Years with an Option for an
Additional 5-Year Extension (FD)
Authorized the City Manager to negotiate a Professional Services Agreement (PSA) with Wittman
Enterprises, LLC (Wittman) for Emergency Medical Services (EMS) billing and collection services
in an amount not to exceed $825,000 for five years with an option for an additional 5-year
extension
h. Office of Traffic Safety Grant Acceptance
Resolution Approving the Acceptance and Appropriation of State of California Office of
Traffic Safety Grant Funds in the Amount of $92,000 for the “Selective Traffic Enforcement
Program” (“STEP”) Grant from October 1, 2024, Through September 30, 2025, and
Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents
Related to the Grant (PD)
Resolution 15352 - Resolution Approving the Acceptance and Appropriation of State of
California Office of Traffic Safety Grant Funds in the Amount of $92,000 for the “Selective Traffic
Enforcement Program” (“STEP”) Grant from October 1, 2024, Through September 30, 2025, and
Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents Related
to the Grant
i. Special Event Street Closure in San Rafael – 43rd Annual Holiday of Lights and Winter
Wonderland
Resolution Authorizing the Temporary Closure of Downtown Streets in San Rafael for a
Special Event (PD)
Resolution 15353 - Resolution Authorizing the Temporary Closure of Downtown Streets in San
Rafael for a Special Event
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
SPECIAL PRESENTATIONS
6. Special Presentations:
Mayor Kate invited public comment; however, there was none.
a. Presentation of Proclamation Supporting Native American Heritage Month, 2024
Tribal Council Member Matthew Johnson provided comments.
OTHER AGENDA ITEMS
7. Other Agenda Items:
a. Encampment Resolution Fund Round 3 (ERF-3) and State of California/State Senator
McGuire Funding Agreements, and Collaboration Agreement Between the County of
Marin and City of San Rafael
Authorize the City Manager to Execute Professional Services Agreements with the County
of Marin Related to the Encampment Resolution Fund Round 3 (ERF-3) and State of
California/State Senator McGuire Funding, and Authorize the City Manager to Execute the
Collaboration Agreement Between the County of Marin and City of San Rafael (CM)
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Authorized the City Manager to execute professional services agreements with the County of
Marin Related to the Encampment Resolution Fund Round 3 and State of California/State
Senator McGuire funding; and authorized the City manager to Execute (and amend as needed)
the collaboration agreement between the County of Marin and City of San Rafael for
Encampment Resolution Fund Round Three (ERF-3) grant funds, the State of California/Senator
McGuire funds, and the 50/50 match for housing-based case manager
Assistant City Manager John Stefanski presented the Staff Report.
Mayor Kate invited public comment.
Speaker: Marin County Supervisor Mary Sackett
Councilmembers provided comments.
Councilmember Kertz moved and Councilmember Hill seconded to authorize the City
Manager to execute professional services agreements with the County of Marin related to
the Encampment Resolution Fund Round 3 and State of California/State Senator McGuire
funding; and to authorize the City manager to execute (and amend as needed) the
collaboration agreement between the County of Marin and City of San Rafael for
Encampment Resolution Fund Round Three (ERF-3) grant funds, the State of
California/Senator McGuire funds, and the 50/50 match for housing-based case manager.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Authorized the City Manager to execute professional services agreements with the County of
Marin Related to the Encampment Resolution Fund Round 3 and State of California/State Senator
McGuire funding; and authorized the City manager to Execute (and amend as needed) the
collaboration agreement between the County of Marin and City of San Rafael for Encampment
Resolution Fund Round Three (ERF-3) grant funds, the State of California/Senator McGuire funds,
and the 50/50 match for housing-based case manager
PUBLIC HEARINGS
8. Public Hearings:
a. Marin Sanitary Service Rates and Amendments for 2025
Resolutions (CM):
i. Approving a Fifth Amendment of the Amendment and Restatement of the Collection
Agreement of the City of San Rafael with Marin Sanitary Service
ii. Authorizing Maximum Rates Collected by Marin Sanitary Service for Refuse and
Recyclable Material Collection and Disposal Services to be Effective January 1, 2025,
and Adopting a City Cost of Solid Waste Service Fee, Refuse Vehicle Impact Fee, and
Franchise Fee for the Use of City Property in the Provision of Solid Waste Related
Services
Sustainability Program Manager Cory Bytof and Lieutenant Todd Berringer presented the
Staff Report.
Staff responded to questions from the City Council.
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Mayor Kate invited public comment.
Speakers: Shinji Sakai-Egi, Elizabeth Rodriguez, Voces del Canal, Rosa Vasquez, Voces del
Canal, Gloria Barrios, Voces del Canal, Virginia Sabino, Ria
Staff responded to questions raised during public comment.
Councilmembers provided comments.
Vice Mayor Hill moved and Councilmember Bushey seconded to adopt the resolution
approving a Fifth Amendment of the Amendment and Restatement of the Collection
Agreement of the City of San Rafael with Marin Sanitary Service.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15354 - Resolution Approving a Fifth Amendment of the Amendment and
Restatement of the Collection Agreement of the City of San Rafael with Marin Sanitary Service
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the
resolution Authorizing Maximum Rates Collected by Marin Sanitary Service for Refuse and
Recyclable Material Collection and Disposal Services to be Effective January 1, 2025, and
Adopting a City Cost of Solid Waste Service Fee, Refuse Vehicle Impact Fee, and Franchise
Fee for the Use of City Property in the Provision of Solid Waste Related Services.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15355 - Resolution Authorizing Maximum Rates Collected by Marin Sanitary Service
for Refuse and Recyclable Material Collection and Disposal Services to be Effective January 1,
2025, and Adopting a City Cost of Solid Waste Service Fee, Refuse Vehicle Impact Fee, and
Franchise Fee for the Use of City Property in the Provision of Solid Waste Related Services
Patty Garbarino, Marin Sanitary Service, provided comments.
b. BioMarin Development Agreement
Accept the 4th Anniversary Annual Report for the Executed Development Agreement
(Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the
Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and
781-791 Lincoln Avenue and 999 3rd Street); Case No.: DA18-001 (CED)
Community & Economic Development Director Micah Hinkle introduced Charity Wagner,
consultant planner who presented the Staff Report.
Mayor Kate invited public comment; however, there was none.
Councilmembers provided comments.
Vice Mayor Hill moved and Councilmember Llorens Gulati seconded to accept the 4th
Anniversary Annual Report for the Executed Development Agreement (Ordinance No.
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1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of
an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln
Avenue and 999 3rd Street); Case No.: DA18-001
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted report
OPEN TIME FOR PUBLIC EXPRESSION
• Name withheld, addressed the City Council regarding the Board of Supervisors meeting and
the Richmond San Rafael Bridge pedestrian bike access.
City Attorney Rob Epstein announced that there was reportable action taken in closed session. The
City Council unanimously authorized the initiation of a civil action for breach of contract and
indemnity against Kimley-Horn in connection with engineering services that they provided to the
City several years ago.
ADJOURNMENT:
Mayor Kate adjourned the meeting at 8:12 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2024
_____________________________________
KATE COLIN, Mayor
