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Home My WebLink AboutCC Minutes 2025-11-17 MINUTES SAN RAFAEL CITY COUNCIL - MONDAY, NOVEMBER 17, 2025 REGULAR MEETING AT 6:00 P.M. San Rafael City Hall, Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 Watch Online: Watch on Webinar: https://tinyurl.com/city-council-2 Watch on YouTube: www.youtube.com/cityofsanrafael Listen by phone: (669) 444-9171 ID: 860-6190-5675# 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. OPEN SESSION 1. None CLOSED SESSION 2. Closed Session: None Present: Vice Mayor Bushey Councilmember Kertz Councilmember Llorens Gulati Mayor Kate Absent: Councilmember Hill Also Present: City Manager Cristine Alilovich City Attorney Robert Epstein City Clerk Lindsay Lara Mayor Kate called the meeting to order at 6:02 p.m. and invited City Clerk Lindsay Lara to call the roll. Councilmember Hill was absent. Mayor Kate provided opening remarks which included gratitude to City Staff, a preview of how public meetings work, 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: 2 (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: • Trust for Public Land announced final funding was secured to acquire the property at 620 Canal Street for an eventual waterfront park and pedestrian bridge • Planning Commission meeting to be held Tuesday, November 18, City Hall Chambers at 7 p.m. and Police Advisory & Accountability Committee meeting to be held Wednesday, November 19, City Hall Chambers at 6 p.m. • Citywide Bicycle and Pedestrian Plan Update and meetings to be held Wednesday, November 19, B Street Community Center at 5:30 p.m. and Thursday, December 4, virtual meeting at noon • Wet weather and storm preparation resources • Holiday of Lights Winter Wonderland to be held Saturday, November 29, Downtown City Plaza at 5 p.m. • Giant Menorah Lighting & Gelt Drop to be held Sunday, December 21, Downtown City Plaza at 5 p.m. • Shop Small Saturday, to be held Saturday, November 29, downtown, all day • 3-hour free parking in the garage lots, November 29 through January 4 (weekends are free, as always) • City Hall Thanksgiving Closure November 27 and 28 – 911 emergency services are always open City Councilmember Reports: • Vice Mayor Bushey reported on a Central Marin Sanitation Agency board meeting, and a Pt. San Pedro Road Coalition meeting. • Councilmember Kertz reported on the San Rafael Chamber Women of Industry event, the ribbon-cutting at Aldersly, a Special City Council meeting on 350 Merrydale at the JCC, the Homeless Policy Steering Committee, and the City Council Retreat. • Councilmember Llorens Gulati reported on the Chamber of Commerce Women of Industry event, a tour of 620 Canal Street, and a meeting with Supervisor Rodoni. • Mayor Kate reported on hosting the Girl Scouts from Sun Valley School, and a Gun Safety Collaborative meeting. Mayor Kate invited public comment; however there was none. CONSENT CALENDAR: Mayor Kate invited public comment. Speaker: Ken Dickinson Councilmember Llorens Gulati commented on Agenda Item 4.g. “Shop San Rafael” Proclamation. Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar. AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill 3 4. Consent Calendar Items: a. Approval of Minutes Approve Minutes of the Special City Council Meetings of November 6, 2025 and November 12, 2025 (CC) Approved Minutes as submitted b. Smoking Ordinance Amendments Final Adoption of Ordinance 2055: An Ordinance Amending Chapter 9.04 of the San Rafael Municipal Code, the City’s Clean Indoor and Outdoor Air and Health Protection, to Prohibit All Smoking in Duplexes and Multi-Family Residences and to Allow Small Claims Courts to Grant Injunctive Relief (CC) Final adoption of Ordinance 2055 c. Agreements for On-Call Environmental Consulting Services Resolution Authorizing the City Manager to Execute Professional Services Agreements for On-Call Environmental Consulting Services with Rincon Consultants, Inc. and AECOM in an Amount Not to Exceed $500,000 for Each Agreement and Sicular Environmental Consulting in an Amount Not to Exceed $200,000; and Authorizing the Finance Director to Process Supplemental Budget Appropriations within the Development Services Fund (207) on a Continual Basis, Not to Exceed Available Funds (CED) Adopted Resolution 15474 d. Installation of a Mural in the Pickleweed Library’s New Children’s Room at 50 Canal Street Resolution Approving an Art Installation Proposed by Youth In Arts for an Artistic Youth Mural titled ‘Our Community, Our Story’ in the New Children’s Room at the Pickleweed Library, Located at 50 Canal Street (LR) Adopted Resolution 15475 e. City Quarterly Investment Report Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending September 30, 2025 Accepted report f. US 101/I-580 Multimodal and Local Access Improvement Project Memorandum of Understanding Resolution Authorizing the Mayor to Execute a Memorandum of Understanding Between the Transportation Authority of Marin (TAM) and the City of San Rafael for the US 101/I- 580 Multimodal and Local Access Improvement Project (PW) Adopted Resolution 15476 g. “Shop San Rafael” Proclamation Proclamation Supporting “Shop San Rafael” (CED) Received and filed OTHER AGENDA ITEMS 5. Other Agenda Items a. Ralph M. Brown Act (Government Code Section 54950, Et. Seq.) Compliance 4 Resolution Responding to a Cease and Desist Demand Dated November 3, 2025 with an Unconditional Promise - Without Admitting Any Violation of the Brown Act - To Cease and Desist Certain Conduct Pursuant to Government Code Section 54650.2(c) City Attorney Robert Epstein presented the Staff Report. Mayor Kate invited public comment. Speakers: Ken Dickinson, Gregory Andrew, Citizens Against Secrecy, Molly Blauvelt, Name Withheld, Patricia Lindstadt Staff responded to questions raised during public comment. Vice Mayor Bushey moved and Councilmember Kertz seconded to adopt the Resolution with the (spelling) correction responding to a Cease and Desist Demand dated November 3, 2025 with an unconditional promise - without admitting any violation of the Brown Act - to cease and desist certain conduct pursuant to Government Code Section 54650.2(c). AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill Adopted Resolution 15477 PUBLIC HEARINGS 6. Public Hearings a. Declaration of Shelter Crisis and Approval of Related Actions and Acquisition of the Property Located at 350 Merrydale Road (APNS 179-041-27 & 179-041-28) for Use as an Interim Shelter and Affordable Housing City Council of the City of San Rafael Consideration of: (CM) i. Resolution Declaring a Shelter Crisis Pursuant to Government Code Section 8698, Et. Seq.; California Environmental Quality Act (CEQA) Determination: Not a Project Per CEQA Guidelines 15378(b)(2),(4),(5); Alternatively Exempt Pursuant to CEQA Guidelines 15061(b)(3) [Common Sense]; 15269(c) [Emergency] ii. Urgency Ordinance Adopting Reasonable Local Standards and Procedures for Homeless Shelters Pursuant to Government Code Section 8698; Et. Seq.; CEQA Determination: Not a Project Per Government Code Sections 65660(b), 65662; CEQA Guidelines 15378(b)(2), (4), (5); Alternatively Exempt Pursuant to CEQA Guidelines 15061(b)(3) [Common Sense]; 15269(c) [Emergency] iii. Uncodified Ordinance Adopting Reasonable Local Standards and Procedures for Homeless Shelters Pursuant to Government Code Section 8698, Et. Seq.; CEQA Determination: Not a Project Per Government Code Sections 65660(b), 65662; CEQA Guidelines 15378(b)(2), (4), (5); Alternatively Exempt Pursuant to CEQA Guidelines 15061(b)(3) [Common Sense]; 15269(c) [Emergency] iv. Resolution Authorizing the City Manager to Negotiate and Execute a Grant Agreement Between the City and County of Marin in the Amount of $8 Million and Affordable 5 Housing Agreement in a Form to be Approved by the City Attorney to Facilitate the Acquisition of Real Property Located at 350 Merrydale Road (APNS 179-041-27 & 179- 041-28) for Use as an Interim Shelter and Permanent Affordable Housing and to Accept the Full Amount of the Grant and Appropriate $7.0 Million to Cover Costs Related to Acquisition; CEQA Determination: Not A Project Per Government Code Sections 8698.4(a)(4); 65660(b), 65662; Public Resources Code Section 21080(b)(1) [Ministerial Project]; CEQA Guideline 15268(B) [Ministerial Project]; Exempt Pursuant To CEQA Public Resources Code Section 15183 [Consistent With General Plan Policies]; CEQA Guidelines 15269(c) [Emergency]; 15332 [Infill] v. Resolution Authorizing the City Manager to Negotiate and Execute a Purchase and Sale Agreement in the Amount of $6.7 Million, Plus Associated Costs, to Execute a Certificate Of Acceptance and Other Documents Necessary to Complete the Purchase of the Real Property Located At 350 Merrydale Road and to Execute a Professional Services Agreement with Cornish and Carey Commercial (D/B/A Newmark) in an Amount Not to Exceed $201,000 for Real Estate Brokerage Services Rendered to the City for the City’s Purchase of 350 Merrydale Road (APNS 179-041-27 & 179-041-28); CEQA Determination: Not a Project Per Government Code Sections 8698.4(a)(4); 65660(b), 65662; Public Resources Code Section 21080(b)(1) [Ministerial Project]; CEQA Guideline 15268(b) [Ministerial Project]; Exempt Pursuant To CEQA Public Resources Code Section 15183 [Consistent With General Plan Policies]; CEQA Guidelines 15269(c) [Emergency]; 15332 [Infill]; 15061(b)(3) [Common Sense]; 15378(b)(4) [Fiscal Activity] City Manager Cristine Alilovich presented the Staff Report along with Police Department’s Mental Health Liaison Lynn Murphy and Assistant City Manager John Stefanski. County of Marin Executive Derek Johnson provided comments. Staff responded to questions from the City Council. Mayor Kate invited public comment. Speakers: Bryn Deamer, Ken Dickinson, Jennifer Wallace, Aida del Valle, Gregory Andrew, Kim, Cary McDonald, Wayne Rayburn, Betty Shea, Janet Shirley, Sandra, Ken Casey, Bernie Samet, Marianne Nannestad, Name Withheld, Michelle Baumert, Jerry, Integrity Electric, David, Tim Park, Dan Lazarus, Tara, Street Chaplaincy, Jason Sarris, Pat Langley, Marin Organizing Committee, Chaplain and Pastor Chitoka Webb, Marguerite Moriarty, Marin Organizing Committee, Ashlyn, Community Action Marin, Zoe Niel, Make It Home Bay Area and formerly with Downtown Streets Team, Karen Strolia, San Rafael Chamber of Commerce, Meredith Parnell, St. Vincent de Paul Society of Marin, Anna Hurtado, Homeward Bound of Marin, Sharna Diemer, Baha’I Faith, Jennifer Kiss, Edward Metz, Mario Ernest Lopez, Marin Community Foundation, Ethan Strull, Dhalma Suarez, Legal Aid of Marin, Luke Barnesmoore, Jenny Lee, Andy Lee, Dalyla, Sara McEvoy, Michael Wolpert, Name Withheld, Frank Mason, Trevor Burgon, Name Withheld, Alex Stricker, Cathy Manovi, Ruth Vosmek, Name Withheld, Judith Allen, Maryellen Mullin Fong, Bryna Holland, St. Vincent de Paul, Victoria Holdridge, Marin Organizing Committee, Stuart Shepherd, Grace Geraghty, Susan Coleman, Responsible Growth Marin, Gabriela Shea, Eric Bobrow, San Rafael Meadows Neighborhood Association, Fatai, Carter Phelps, Alicia Mayor Kate closed public comment. 6 Mayor Kate called a recess at 10:00 p.m.; Mayor Kate called the meeting back to order at 10:21 p.m. Staff responded to questions raised during public comment. City Councilmembers provided comments. Vice Mayor Bushey moved and Councilmember Kertz seconded to adopt the Resolution Declaring a Shelter Crisis Pursuant to Government Code Section 8698, Et. Seq.; California Environmental Quality Act (CEQA) Determination: Not a Project Per CEQA Guidelines 15378(b)(2),(4),(5); Alternatively Exempt Pursuant to CEQA Guidelines 15061(b)(3) [Common Sense]; 15269(c) [Emergency]. AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill Adopted Resolution 15478 Councilmember Kertz moved and Vice Mayor Bushey seconded to waive further reading, refer to it by title only, and adopt Urgency Ordinance. AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill The City Clerk read the title of the Ordinance Urgency Ordinance Adopting Reasonable Local Standards and Procedures for Homeless Shelters Pursuant to Government Code Section 8698; Et. Seq.; CEQA Determination: Not a Project Per Government Code Sections 65660(b), 65662; CEQA Guidelines 15378(b)(2), (4), (5); Alternatively Exempt Pursuant to CEQA Guidelines 15061(b)(3) [Common Sense]; 15269(c) [Emergency] Waived further reading, referred to it by title only, and adopted Urgency Ordinance 2056 Councilmember Llorens Gulati moved and Councilmember Kertz seconded to introduce the Ordinance, waive further reading and refer to it by title only. AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill The City Clerk read the title of the Ordinance Uncodified Ordinance Adopting Reasonable Local Standards and Procedures for Homeless Shelters Pursuant to Government Code Section 8698, Et. Seq.; CEQA Determination: Not a Project Per Government Code Sections 65660(b), 65662; CEQA Guidelines 15378(b)(2), (4), (5); Alternatively Exempt Pursuant to CEQA Guidelines 15061(b)(3) [Common Sense]; 15269(c) [Emergency] Introduced the Ordinance, waived further reading and referred to it by title only 7 Vice Mayor Bushey moved and Councilmember Kertz seconded to adopt the Resolution Authorizing the City Manager to Negotiate and Execute a Grant Agreement Between the City and County of Marin in the Amount of $8 Million and Affordable Housing Agreement in a Form to be Approved by the City Attorney to Facilitate the Acquisition of Real Property Located at 350 Merrydale Road (APNS 179-041-27 & 179-041-28) for Use as an Interim Shelter and Permanent Affordable Housing and to Accept the Full Amount of the Grant and Appropriate $7.0 Million to Cover Costs Related to Acquisition; CEQA Determination: Not A Project Per Government Code Sections 8698.4(a)(4); 65660(b), 65662; Public Resources Code Section 21080(b)(1) [Ministerial Project]; CEQA Guideline 15268(B) [Ministerial Project]; Exempt Pursuant To CEQA Public Resources Code Section 15183 [Consistent With General Plan Policies]; CEQA Guidelines 15269(c) [Emergency]; 15332 [Infill]. AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill Adopted Resolution 15479 Councilmember Kertz moved and Councilmember Llorens Gulati seconded to adopt the Resolution Authorizing the City Manager to Negotiate and Execute a Purchase and Sale Agreement in the Amount of $6.7 Million, Plus Associated Costs, to Execute a Certificate Of Acceptance and Other Documents Necessary to Complete the Purchase of the Real Property Located At 350 Merrydale Road and to Execute a Professional Services Agreement with Cornish and Carey Commercial (D/B/A Newmark) in an Amount Not to Exceed $201,000 for Real Estate Brokerage Services Rendered to the City for the City’s Purchase of 350 Merrydale Road (APNS 179-041-27 & 179-041-28); CEQA Determination: Not a Project Per Government Code Sections 8698.4(a)(4); 65660(b), 65662; Public Resources Code Section 21080(b)(1) [Ministerial Project]; CEQA Guideline 15268(b) [Ministerial Project]; Exempt Pursuant To CEQA Public Resources Code Section 15183 [Consistent With General Plan Policies]; CEQA Guidelines 15269(c) [Emergency]; 15332 [Infill]; 15061(b)(3) [Common Sense]; 15378(b)(4) [Fiscal Activity]. AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill Adopted Resolution 15480 OPEN TIME FOR PUBLIC EXPRESSION • Cathy Manovi addressed the City Council regarding dangerous conditions on Merrydale Road. • Name withheld addressed the City Council regarding new seats in the Council Chambers. ADJOURNMENT: Mayor Kate adjourned the meeting at 11:06 p.m. __________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2025 _____________________________________ KATE COLIN, Mayor