HomeMy WebLinkAboutCC Minutes 2025-09-02
MINUTES
SAN RAFAEL CITY COUNCIL - TUESDAY, SEPTEMBER 2, 2025
REGULAR MEETING AT 6:00 P.M.
San Rafael City Hall, 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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OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM
1. Mayor Kate announced Closed Session items.
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM
2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Government
Code Section 54956.9(d)(1)
Lopez, et al. v. City of San Rafael, et al. U.S. District Court, Northern District for California,
Case No. 23-cv-03652-VC
Present: Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate
Absent: None
Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:00 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 Closed Session.
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Mayor Kate offered gratitude to City staff for their efforts related to the fire located at 516 Canal
Street, highlighted September’s Marin Magazine ‘Ode to San Rafael’, and delivered 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 provided the following announcements and updates:
• Two agenda items: park impact fees and affordable housing requirements—were
removed to allow for additional community outreach.
• A fire occurred at 516 Canal Street in San Rafael, resulting in the tragic loss of two
community members and the displacement of others. The City Manager expressed
appreciation for first responders, City staff, and community partners for their efforts.
Fire Chief Abraham Roman and Police Chief David Spiller also provided comments.
Donations are being coordinated through the Marin Community Foundation and Canal
Alliance.
• Introduced Preya Nixon as the newly hired Senior Management Analyst in the City
Manager’s Office.
• Announced proclamations for Suicide Prevention Month and Hispanic Heritage Month.
• Reported awards received by City staff:
o The American Public Works Association (Northern California Chapter) recognized
Gerardo Paredes as Public Fleet Staff of the Year and Ryan Montes as Manager of
the Year for Public Right of Way.
o The California Emergency Medical Services Authority recognized San Rafael Fire
Department staff: Nurse Educator Katie Pannell received a Distinguished Service
Medal; Firefighter/Paramedics Marisa Nieto Gomez and Graham Winkleman each
received the EMS Cross Award; and Dr. Jordan Sax, Medical Director, received an
Award for Clinical Excellence.
• Announced upcoming community events:
o Ember Stomp, September 6, 2025, 10:00 a.m.–4:00 p.m., at the Civic Center.
o Movies in the Park: Paddington in Peru on September 12, 7:30–9:00 p.m. at Peacock
Gap Park; and The Wild Robot on September 26, 6:45–8:45 p.m. at Gerstle Park.
o Second Friday Art Walk, September 12, 6:00–9:00 p.m., downtown San Rafael.
o West End Fridays Block Party, continuing Fridays from August through October,
6:00–9:00 p.m.
o Porchfest, September 21, all day, in the Gerstle Park neighborhood.
City Councilmember Reports:
• Vice Mayor Bushey reported on a meeting with Marin Transit General Manager Nancy
Whelan, and on attending Andy’s Market Pride and Joy event.
• Councilmember Kertz announced Andy’s Market San Rafael Fire Foundation event on
October 12, and reported on the Marin Wildfire Prevention Authority Board meeting,
State of Care Summit event by Marin Center for Independent Living, China Camp
Heritage Day, and the Marin County Council of Mayors and Councilmembers
(MCCMC) Legislative meeting.
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• Councilmember Hill reported on attending the Finance Subcommittee meeting and
expressed appreciation to staff for addressing a broken pipe.
• Councilmember Maika Llorens Gulati reported on attending a Marin Latino Leaders
Summer Community Mixer, a Canal Promise Meeting hosted by Marin Promise, Steve
Mason’s retirement party, and a fundraiser in support of victims of the 516 Canal
Street fire. She also expressed appreciation to staff for their response to the fire.
• Mayor Kate reported on Sonoma Marin Area Rail Transit (SMART).
Mayor Kate invited public comment; however, there was none.
CONSENT CALENDAR:
Mayor Kate invited public comment.
Speaker: Sue Berrell of San Rafael Heritage, Lue
Councilmember Llorens Gulati moved and Councilmember Kertz
4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of August 18, 2025 (CC)
Approved minutes as submitted
b. Electric Bicycle Safety Regulations in San Rafael
Final Adoption of Ordinance 2051: An Ordinance Adding Chapter 5.35 “Operation of
Electric Mobility Devices” to the San Rafael Municipal Code to Regulate Electric Mobility
Devices Within the City Limits of San Rafael; CEQA Determination: Exempt Pursuant to
CEQA Guideline 15061(b)(3) (CC)
Final adoption of Ordinance 2051
c. Marin History Museum Boyd Gate House Use Agreement
Resolution Authorizing the City Manager to Execute a Use Agreement for Real Property at
1125 B Street (Boyd Gate House) with the Marin History Museum; CEQA Determination:
Exempt Pursuant to CEQA Guideline 15061(B)(3) (CM)
Adopted Resolution 15451
d. Library Parcel Tax Rate for Fiscal Year 2025-26 - Revised
Revised Report Establishing the Annual Rate Adjustment for the Special Library Services
Parcel Tax for the Fiscal Year 2025-26 as Authorized by San Rafael Municipal Code
Chapter 3.36 (Voter-Approved Measure D) (Fin)
Accepted report
e. Pickleweed Library Renovation Project
Resolution Approving the Plans and Specifications for the Pickleweed Library Renovation
Project, City Project No. 11428 (“Project”), Awarding and Authorizing the City Manager to
Execute the Construction Agreement with Arntz Builders, Inc. in the Amount of
$1,984,974, and Authorizing the City Manager to Amend the Contract Amount Using
Contingency Funds of $295,026, for a Total Not to Exceed Amount of $2,280,000; and
Authorize the City Manager to Enter into a Professional Services Agreement with Unico
Engineering for Construction Management in the Amount Not to Exceed $211,500;
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Appropriating $48,070 from the Library Memorial Fund (213); CEQA Determination
Exempt Pursuant to CEQA Guideline 15301 (PW)
Adopted Resolution 15452
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
SPECIAL PRESENTATIONS
5. Special Presentations
Mayor Kate invited public comment; however, there was none.
a. Presentation of Proclamation in Recognition of Suicide Prevention Awareness Month
Mayor Kate presented the proclamation, and Kara Connors from the County of Marin Health
and Human Services, and Mario Castillo from Buckalew Programs provided comments.
b. Presentation of Proclamation in Recognition of Hispanic Heritage Month
Mayor Kate presented the proclamation, and Cecilia Zamora from Hispanic Chamber of
Commerce provided comments.
PUBLIC HEARINGS
6. Public Hearings
a. Park Impact Fee and Park Dedication and In-Lieu Fee Programs (REMOVED)
Introduce an Ordinance Amending San Rafael Municipal Code Section 3.24 titled Park and
Recreation Facilities Fee and Section 15.09 titled Park Dedication and In -Lieu Fees, to
Update the Park Impact Fee and Park Dedication and In -Lieu Fee Programs, including
waiving further reading of the Ordinance and referring to it by title only; and Resolution
Adopting the Park Impact Fee Nexus Study, the Park Impact Fee Project List, and
Establishing Updated Park Impact Fees and Park Dedication and In-Lieu Fee Requirements
AGENDA ITEM REMOVED AT THE REQUEST OF STAFF
b. Triennial Building Code Ordinance Amendments
Introduction of an Ordinance Amending Title 12 (Building Regulations) of the Municipal
Code of the City of San Rafael, by Repealing Title 12 and Amending Title 12 Thereof;
Adopting the 2025 Edition of the California Building Code, the California Residential Code,
the California Mechanical Code, the California Plumbing Code, the California Electrical
Code, the California Existing Building Code, the California Green Building Standards Code,
the California Energy Code, and the California Referenced Standards C ode with
Appendices and Amendments Herein; Adopting the 2024 Edition of the International
Property Maintenance Code and the International Pool and Spa Code with Amendments;
Amending Chapter 12.360 Single-Family Model Reach Code – FlexPath; Herein; and
Adopting Findings of Fact Supporting the Amendments to the Code (CED)
Sustainability Program Manager Cory Bytof presented the Staff Report.
Staff responded to questions from the City Council.
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Mayor Kate invited public comment.
Speakers: Bill Carney of Sustainable San Rafael
City Councilmembers provided comments.
Councilmember Llorens Gulati moved and Vice Mayor Bushey seconded to introduce the
Ordinance, waive further reading, and refer to it by title only and setting a public hearing for
Monday, September 15, 2025.
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
The City Clerk read the title of the Ordinance:
An Ordinance Amending Title 12 (Building Regulations) of the Municipal Code of the City of
San Rafael, by Repealing Title 12 and Amending Title 12 Thereof; Adopting the 2025 Edition
of the California Building Code, the California Residential Code, the Califor nia Mechanical
Code, the California Plumbing Code, the California Electrical Code, the California Existing
Building Code, the California Green Building Standards Code, the California Energy Code,
and the California Referenced Standards Code with Appendices and Amendments Herein;
Adopting the 2024 Edition of the International Property Maintenance Code and the
International Pool and Spa Code with Amendments; Amending Chapter 12.360 Single -
Family Model Reach Code – FlexPath; Herein; and Adopting Findings of Fact Supporting the
Amendments to the Code.
OTHER AGENDA ITEMS
7. Other Agenda Items
a. Affordable Housing Requirements for Residential Development Projects (REMOVED)
Resolution Amending Resolution 14890, “Guidelines for the Administration of the
Affordable Housing Requirement Program” to Clarify Existing Policy and Practice (CED)
AGENDA ITEM REMOVED AT THE REQUEST OF STAFF
b. Response to Grand Jury Report on First Responders
Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael’s
Response to the Marin County Civil Grand Jury Report Entitled “Marin County First
Responders: Supporting Those Who Support Us” (PD)
Chief of Police David Spiller presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment
Speakers: Salamah
Staff responded to questions raised during public comment.
City Councilmembers provided comments.
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Councilmember Kertz moved and Councilmember Llorens Gulati seconded to adopt the
Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael’s
Response to the Marin County Civil Grand Jury Report Entitled “Marin County First
Responders: Supporting Those Who Support Us”
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15453
c. Response to the Grand Jury Report on Housing
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin
County Civil Grand Jury Report Titled “The Worrisome Future of Marin Housing: Nimby
Resistance Takes a Backseat to Economic Reality.” (CED)
Community & Economic Development Director Micah Hinkle introduced Assistant Director
Greg Minor who presented the Staff Report.
Mayor Kate invited public comment; however, there was none.
City Councilmembers provided comments.
Councilmember Hill moved and Vice Mayor Bushey seconded to adopt the Resolution
Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil
Grand Jury Report Titled “The Worrisome Future of Marin Housing: Nimby Resistance Takes
a Backseat to Economic Reality.”
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15454
d. Fiscal Year 2024-25 Unaudited Results and Budget Amendments
Year-End Budget Update and Resolutions Authorizing Amendments to the City of San
Rafael Budget for Fiscal Year 2024-25 for the Purposes of Confirming Authorized
Appropriations and Transfers and Authorizing Amendments to the FY 2025-26 Budget to
Reflect Carry-Over of Available Unencumbered FY 2024-25 Appropriations for Specified
Purposes, Totaling $14,262,684 (Fin)
Finance Director Paul Navazio presented the Staff Report.
Staff responded to questions from the City Council.
Mayor Kate invited public comment.
Speakers: Al Vetere
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Staff responded to questions raised during public comment.
City Councilmembers provided comments.
Vice Mayor Bushey moved and Councilmember Kertz seconded to accept the report
presenting preliminary, Fiscal Year (FY) 2024-25 unaudited financial results for the fiscal
year ended June 30, 2025
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Accepted report
Councilmember Llorens Gulati moved and Vice Mayor Bushey seconded to adopt the
Resolution adopting amendments to the City of San Rafael budget for Fiscal Year 2024 -25
for the purpose of confirming authorized appropriations and transfers
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15455
Councilmember Kertz moved and Vice Mayor Bushey seconded to adopt the Resolution
authorizing amendments to the City of San Rafael budget for Fiscal Year 2025 -26 to reflect
carry-over of available unencumbered FY2024-25 appropriations for specified purposes
totaling $14,262,684
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Adopted Resolution 15456
OPEN TIME FOR PUBLIC EXPRESSION
• Salamah Locks addressed the City Council regarding the Ember Stomp event, Financial
Abuse Specialist Team (FAST), Age Friendly San Rafael, and Officer Nail’s trial to start
Tuesday, September 16th, Marin Senior Fair on September 17th at the Veteran’s Hall, and
addressed the City Council regarding the budget question raised during public comment.
• Al Vetere addressed the City Council regarding getting mail scams
• Nicole addressed the City Council regarding bike lanes on Pt. San Pedro Road
ADJOURNMENT:
Mayor Kate adjourned the meeting at 8:06 p.m.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2025
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_____________________________________
KATE COLIN, Mayor