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Minutes

Larkspur City Council
June 5, 2024

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Minutes
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June 5, 2024
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Larkspur City Council
Minutes of June 5, 2024

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LARKSPUR CITY COUNCIL

MEETING MINUTES

Larkspur City Council Chambers
400 Magnolia Avenue, Larkspur CA

June 5, 2024
For full video/audio of the meeting, go to http://www.cityoflarkspur.org (Quick Links – Watch City Council Meetings)

SPECIAL MEETING

1. ROLL CALL

Mayor Candell called the special meeting to order at 5:30 p.m.

COUNCIL PRESENT: Stephanie Andre, Gabe Paulson, and Mayor Scot Candell

COUNCIL ABSENT: Catherine Way

STAFF PRESENT: City Clerk Alison Foulis, Assistant City Manager Shannon O’Hare, City Manager Dan Schwarz, and City Attorney Sky Woodruff

2. PROCLAMATIONS

Item 2.1 was moved to the end of the regular meeting agenda later this evening.

2.2 Proclamation honoring retiring teachers of the Larkspur-Corte Madera School District.

Mayor Candell presented the proclamations to the retiring teachers and support staff of the Larkspur-Corte Madera School District.

ADJOURN TO CLOSED SESSION

At 5:45 P.M., Mayor Candell adjourned the meeting to closed session.

3. CLOSED SESSION

3.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case

RECONVENE IN OPEN SESSION AND ANNOUNCE ANY REPORTABLE ACTION

At 6:27 P.M., Mayor Candell reconvened the meeting in open session and announced that there was no reportable action.

4. ADJOURN TO REGULAR MEETING

At 6:27 P.M., Mayor Candell adjourned the special meeting to the regular meeting.

REGULAR MEETING

1. ROLL CALL & PLEDGE OF ALLEGIANCE

Mayor Candell called the regular meeting to order at 6:27 p.m.

COUNCIL PRESENT: Stephanie Andre, Gabe Paulson, and Mayor Scot Candell

COUNCIL ABSENT: Catherine Way

Larkspur City Council
Minutes of June 5, 2024

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STAFF PRESENT: City Clerk Alison Foulis, Administrative Services Director Emilia Gabriele, Assistant City Manager Shannon O’Hare, Associate Planner Jackie Oneal, City Manager Dan Schwarz, Community Development Director Elise Semonian, Public Works Director Julian Skinner, and City Attorney Sky Woodruff

Mayor Candell led the pledge of allegiance.

2. PUBLIC COMMENT

Public comment was received from:
• Bob Mittelsteadt

3. PRESENTATIONS

None

4. APPROVAL OF THE CONSENT CALENDAR

Mayor Candell removed Item 4.9 from the consent calendar.

Upon motion by Councilmember Paulson, and seconded by Councilmember Andre, the City Council approved the consent calendar in one motion. The vote was unanimously in favor (Way absent). The approved consent calendar consisted of the following items:

4.1 Approve warrants.

4.2 Approve minutes of the May 15, 2024, regular meeting.

4.3 Approve minutes of the May 24, 2024, special joint meeting with the Parks and Recreation Commission.

4.4 Approve the reappointment of Natasha Chalmers, Jeffrey Swisher, and Brock Wagstaff to the Planning Commission, Reide Baxter, Jeanne Friedel, and Lisbet Sunshine to the Parks and Recreation Commission, and Lelia Lanctot and Rich Storek to the Heritage Preservation Board, all for another four-year term from 7/1/2024 through 6/30/2028.

4.5 Adopt Ordinance 1075 amending Section 6.30.130 of the Larkspur Municipal Code to amend a sunset provision of the Just Cause Eviction and Tenant Protection Regulations.

4.6 Adopt Resolution 29/24 calling and giving notice of a General Municipal Election on November 5, 2024, for two members of the Larkspur City Council for four-year terms, requesting that the Board of Supervisors of the County of Marin order the consolidation of said election with any other election conducted on said date, and requesting certain election services by the County Clerk.

4.7 Adopt Resolution 30/24 adopting a list of projects for Fiscal Year 2024/25 funded by SB 1: The Road Repair and Accountability Act of 2017.

4.8 Adopt Resolution 31/24 awarding a consultant services agreement to Moe Engineering Inc. for on-call engineering services.

5. CITY MANAGER’S ORAL REPORT

City Manager Schwarz gave his oral report.

6. COUNCILMEMBERS’ ORAL REPORTS AND COMMENTS

Councilmember Paulson reported on the following items:

1. 6/20/2024 SMART Shuttle Start Date

2. 80th Anniversary of D-Day

Councilmember Andre reported on the following items:

1. Larkspur Community Foundation Rose Bowl Dance

Mayor Candell reported on the following items:

1. Friday Music in the Park Events

7. PUBLIC HEARINGS

7.1 FISCAL YEAR 2024/2025 CAPITAL IMPROVEMENT PROGRAM AND BUDGET

A. ADOPTION OF PROPOSED CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2024/2025

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Minutes of June 5, 2024

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Council to adopt Resolution 32/24 adopting the proposed Capital Improvement Program (CIP) for FY 2024/25.

Public Works Director Skinner provided a presentation and answered questions from the Council.

Mayor Candell opened the public hearing and received comments from:
• Ansi

Seeing no one else wishing to speak, Mayor Candell closed the public hearing.

Upon motion by Councilmember Andre, and seconded by Councilmember Paulson, the City Council adopted Resolutions 32/24 adopting the Fiscal Year 2024/2025 Capital Improvement Program, including amendments to the unfunded projects list as discussed that evening. The vote was unanimously in favor (Way absent).

B. ADOPTION OF FISCAL YEAR 2024/2025 BUDGET
Council to adopt the following resolutions:
• Resolution 33/24 Publishing an Annual Publication of On-Call Agreements.
• Resolution 34/24 Adopting the Investment Policy of the City of Larkspur. • Resolution 35/24 Adopting the Purchasing Policy for the City of Larkspur. • Resolution 36/24 Adopting a General Fund Reserve Policy for Fiscal Year 2024-2025.
• Resolution 37/24 Establishing Appropriation Limitations for the City of Larkspur for the 2024-2025 Fiscal Year Pursuant to Article XIIIB of the California Constitution.
• Resolution 38/24 Establishing Authorized Positions in the Competitive Service and Assigning a Salary Range to Each Position.
• Resolution 39/24 Assigning Use of American Rescue Plan Act Funds. • Resolution 40/24 Adopting the Budget for Fiscal Year 2024-2025.

City Manager Schwarz and Administrative Services Director Gabriele presented the budget and answered questions from the Council.

Mayor Candell opened the public hearing and received comments from:
• Larkspur Chamber of Commerce

Seeing no one else wishing to speak, Mayor Candell closed the public hearing.

Upon motion by Councilmember Paulson, and seconded by Councilmember Andre, the City Council adopted Resolutions 33/24 through 40/24 adopting the Fiscal Year 2024/2025 Annual Budget. The vote was unanimously in favor (Way absent).

7.2 INTRODUCTION AND FIRST READING OF ORDINANCE 1076 AMENDING TITLE 18, ZONING, OF THE LARKSPUR MUNICIPAL CODE TO ALLOW FENCE

HEIGHT EXCEPTIONS TO BE APPROVED BY THE ZONING ADMINISTRATOR

WITHOUT PUBLIC HEARING WHEN NO PROTESTS ARE RECEIVED
Council to conduct a public hearing and consider approving the introduction and waiving the first reading of Ordinance 1076.

Associate Planner Oneal provided a presentation and answered questions from the Council.

Mayor Candell opened the public hearing and received comments from:
• James Holmes

Seeing no one else wishing to speak, Mayor Candell closed the public hearing.

Upon motion by Councilmember Andre, and seconded by Councilmember Paulson, the City Council waived the first reading and approved the introduction of Ordinance 1076 amending Title 18 (Zoning) of the Larkspur Municipal Code to allow Fence Height Exceptions to be approved by the Zoning Administrator without public hearing when no protests are received, including amendments introduced at the meeting to allow a 15 day protest period and posting notices at the bulletin boards and on the site. The vote was unanimously in favor (Way absent). The ordinance will be brought back to the next regular meeting for adoption.

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7.3 INTRODUCTION AND FIRST READING OF ORDINANCE 1077 AMENDING THE

LARKSPUR MUNCIPAL CODE TO MAKE IT CONSISTENT WITH STATE

HOUSING LAW AND TO ADDRESS POTENTIAL ENVIRONMENTAL IMPACTS

FROM NONDISCRETIONARY PROJECTS
Council to conduct a public hearing and consider approving the introduction and waiving the first reading of Ordinance 1077.

Community Development Director Semonian presented the staff report and answered questions.

Mayor Candell opened the public hearing and received comments from:
• James Holmes

Seeing no one else wishing to speak, Mayor Candell closed the public hearing.

Upon motion by Councilmember Paulson, and seconded by Councilmember Andre, the City Council waived the first reading and approved the introduction of Ordinance 1076 amending various Chapters of Title 15 (Building Regulations), Title 18 (Zoning), and Title 20 (Objective Design and Redevelopment Standards) of the Larkspur Municipal Code to implement programs to protect the environment and comply with various provisions of State housing law. The vote was unanimously in favor (Way absent). The ordinance will be brought back to the next regular meeting for adoption.

8. BUSINESS ITEMS

8.1 ACCEPTING A CERTIFICATE OF SUFFICIENCY OF A PETITION ENTITLED “LIMIT RENT INCREASES FOR AND EVICTIONS OF TENANTS OF SOME RENTAL UNITS” AND CONSIDERATION OF ADDITIONAL COUNCIL ACTIONS

RELATED TO INITIATIVE
Council to 1) Consider adoption of a resolution accepting a Certificate of Sufficiency of Signatures on a Petition; and 2) Consider whether or not to adopt the Initiative Ordinance without alteration, call for a report on the effects of the Initiative, or adopt a resolution calling for the submission of the ordinance to City of Larkspur voters.

City Attorney Woodruff presented the staff report and answered questions from the Council.

Public comment was received from:
• Anonymous Speaker
• Dorothy O’Leary
• Bob Mittelsteadt
• Njoki
• Ansi
• Jean Paul

Upon motion by Councilmember Paulson, and seconded by Councilmember Andre, the City Council adopted Resolution 41/24 accepting a certificate of sufficiency of signatures on a petition for an initiative ordinance to limit rent increases for and evictions of tenants of some rental units and requesting a report on the proposed initiative ordinance pursuant to California Election Code Section 9212. The vote was unanimously in favor (Way absent).

4.9 Approve the City’s response to the 2023-24 Marin County Civil Grand Jury report entitled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk.”

Assistant City Manager O’Hare provided a staff report and answered questions from the Council.

Public comment was received from:
• Bob Mittelsteadt
• Jonathan Freeman

The response to the Grand Jury was continued to a future meeting of the City Council.

SPECIAL MEETING (Continued)

2. PROCLAMATIONS (Continued)

Larkspur City Council
Minutes of June 5, 2024

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2.1 Proclamation declaring the first Friday in June 2024 to be National Gun Violence Awareness Day.

Mayor Candell issued the proclamation for National Gun Violence Awareness Day.

9. ADJOURN

The Council adjourned the meeting at 9:40 p.m.

Attested

__________________________
Alison Foulis, City Clerk

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