Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
REGULAR CITY COUNCIL
MEETING MINUTES
Tuesday, July 12, 2022 – 07:00 PM
I. CALL TO ORDER
The regular meeting of July 12th, 2022 was called to order by Mayor Kellman at 05:00 PM by a telephonic Zoom meeting.
I.A. ROLL CALL
PRESENT: Councilmembers: Sobieski (VIA ZOOM), Hoffman (VIA ZOOM), ClevelandKnowles, Vice- Mayor Blaustein (VIA ZOOM), Mayor Kellman (VIA ZOOM) ABSENT: None
I.B. Announcement of Closed Sessions Items (D.1. – D.5.) D.1. CONFERENCE WITH LABOR NEGOTIATORS – pursuant to Section 54957.6 Agency designated representatives: Charles Sakai, Sloan Sakai Employee organization: SEIU Local 1021, Sausalito Police Association, Management and Confidential.
D.2. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation/Significant Exposure to Litigation pursuant to California Government Code Section 54956.9(b) One potential case.
D.3. CONFERENCE WITH LEGAL COUNSEL – Real Property Negotiations pursuant to California Government Code Section 54956.8 Property – Bank of America Building. 750 Bridgeway, Sausalito, CA 94965 City Negotiator – City Manager, City Attorney, Michael Wagner, Contract Real Estate Manager Negotiating Parties – Sausalito Center for the Arts, Larry and Michael Mindel Under Negotiation – price and terms.
D.4. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation/Initiation of Litigation pursuant to California Government Code Section 54956.9(c) One potential case.
D.5. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation pursuant to California Government Code Section 54956.9(d) (1) Name of Case: Sausalito/Marin County Chapter of the California Homeless Union v. City of Sausalito USDC No. District of Ca. Case No. 3:21-cv-01143-LB.
I.C. PUBLIC COMMENTS
Sewer Coordinator
Ali Iqbal
Kenneth Henry
Augie Webb
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
II. OPEN SESSION IN THE COUNCIL CHAMBERS AT CITY HALL, 420 LITHO STREET - 7:00 PM II.A. Announcement From Closed Session
There were no announcements from Closed Session
II.B. Approval of Agenda
Vice Mayor Blaustein moved, seconded by Councilmember Hoffman to approve the agenda. The motion was approved unanimously by roll call vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
1. SPECIAL PRESENTATIONS / MAYOR’S ANNOUNCEMENTS
1.A. Fire District Presentation by Fire Marshall Fred Hilliard and Marshall Nau The presentation was to provide details from the Southern Marin Fire Protection District (SMFD) of the Long-Range Acoustic Device (LRAD) technology and the future installation of sites in the City of Sausalito, both on new utility poles and existing structures. The proposed sites are located on City owned land under APN: 064-133-05 & APN: 065-181-44.
Council received Staff Report and its associated presentation documents.
At this time, it is the Fire District’s recommendation to the Council to review the report in preparation for a future resolution to grant the Fire District to install and test emergency sirens on City owned property.
2. ACTION MINUTES OF PREVIOUS MEETING
Public Comments
There were no public comments.
2.A. Approval of Minutes of Regular City Council Meeting of June 14, 2022 and Adjournment to a Regular Meeting of June 17, 2022
Councilmember Cleveland-Knowles moved, seconded by Councilmember Hoffman to approve the Minutes of Meetings of June 14th and 17th as submitted. The motion was approved unanimously by roll call vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
3. CONSENT CALENDAR
Public Comments
Arthur Bruce
Jeff Jacobs
Cynthis Eggink
Vicki Nichols
415-553-4675
Robbie Powelson
Council Member Cleveland-Knowles moved, seconded by Council Member Hoffman to approve the Consent Calendar. The motion was carried unanimously by roll vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
3.A. Receive and File the report regarding the Shared Needs Assessment Study for a Shared Services Corporation Yard with Mill Valley
Public Works staff from the City of Mill Valley and Sausalito have worked together and developed a proposal to acquire a qualified architect to develop a “Needs Assessment Study for a shared Corporation Yard”.
The study is necessary to determine size and configuration of a new Corporation Yard to accommodate both cities’ Public Works Departments’ staff offices, equipment storage, and all necessary areas needed for each agency to perform their maintenance duties.
3.B. Adopt a Resolution Amending the Revised and Restated Master Fee Schedule Adopted in FY2008-09 to Adjust Parking Rates in the Downtown Area The parking fee adjustments would become effective August 12,2022. After the required posting period, the adjustments would run concurrently with the peak demand period to the end of September 30, 2022.
The scope of the parking adjustments is limited and should be taken as part of a larger look at the City’s parking fee schedule to be completed later.
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
Council adopted Resolution No 6176 Amending the Revised and Restated Master Fee Schedule adopted in FY2008-09 to Adjust Parking Rates in the Downtown Area.
3.C. Renewal of Emergency Declaration
California Government Code Section 8630 requires that the Council review the need for continuing the local emergency that was declared on February 10, 2022 and ratified by the Council on February 15th at least once every 60 days.
On April 12, 2022, and May 24, 2022 the Council took action to continue the declaration of emergency.
Council adopted Resolution No. 6177 authorizing the City of Sausalito to Continue the Declaration of a Local Emergency Related to Activities at and Surrounding Marinship Park.
3.D. First Amendment to Legal Services Agreement with Burke Williams & Sorensen, LLP for City Attorney Services
On April 27, 2021 the City Council adopted Resolution No. 6178 approving the Legal Services Agreement with Burke Williams & Sorensen for City Attorney services (the “LSA”).
Section 1.0 of the LSA provides that Mary Wagner is appointed as the designated City Attorney. The parties desire to amend the LSA that, effective August 1, 2022, Gregory Rubens will be the designated City Attorney. All other terms of the LSA remain in full force and effect.
Council adopted Resolution 6178 Approving the First Amendment to The Legal Services Agreement with Burke Williams & Sorensen LLP for City Attorney Services.
Mayor Kellman thanked Mary Wagner for her outstanding service provided to the City of Sausalito. On behalf of the Council and City Staff, Mayor Kellman conveyed best wishes for Attorney Wagner’s future endeavors.
3.E. Reports to the San Francisco Bay Conservation and Development Commission (BCDC) Council received the City’s Reports to the San Francisco Bay Conservation and Development Commission (BCDC).
Background: The City of Sausalito entered into an Agreement with the San Francisco Bay Conservation Development Commission (BCDC) on January 25, 2021. Under this agreement, The City is obliged to provide monthly reports to BCDC. In compliance with the terms of the Agreement, the City provided Tri-Annual reports to the BCDC Enforcement Committee and Annual Reports to the BCDC Commission.
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
Most recently, the City submitted:
- the 2nd of two Interim Updates on Planning for Housing; - the Eelgrass Restoration Plan for Impacts Associated with Vessel Anchor Outs
3.F. Receive and File the Sausalito Police Department’s Crime and Traffic Report Calendar Year 2022 – Second Quarter Report
Council received 2nd Quarter 2022 Report from the Sausalito Police Department.
The statistical information covers data collected on criminal and traffic violations in the format consistent with the State of California Department of Justice guidelines.
3.G. NHA Advisors analysis related to financial approaches the City of Sausalito may consider for pension challenges. Recommendation to direct the City Manager to work with NHA to explore a private placement for potential pension cost savings.
Council received Memorandum from City Manager, Chris Zapata, outlining financial analysis to address the ongoing challenges on pension costs. NHA Advisors analysis was also provided.
Summary: Pension costs for the City of Sausalito have been rising for the past twenty years due to several unforeseen factors. It has become a major factor that effectively curtails the City’s ability to pay for projects, direct recruitment, wide range of services, improvement and development programs.
NHA Advisors utilized applicable refinance tools, developed models, evaluated public offerings and private placements to find opportunities and to identify options to mitigate pension costs.
3.H. Approval of the Five-Key Housing and Social Services Contract for Marinship Encampment
As of July 1st, the City of Sausalito’s agreement for camp management and security with Urban Alchemy ended. The City Council subcommittee led by Vice Mayor Blaustein worked to find a 24/7 housing centric that included security and met the needs of multiple parties.
The cost for a six-month initial contract for this fully loaded 24/7 encampment coordination and security, is $745,461. The term includes a 30 day exit provision for both parties.
If it is determined in this fiscal year that an additional time up to six months is required, we will need to revisit this contract then
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
Council adopted Resolution No. 6179 authorizing the City Manager to immediately execute an Agreement with FIVE KEYS to provide housing readiness, case management, social service connections, job placement referral, record keeping, basic maintenance and security for the Temporary Marinship Encampment.
4. BUSINESS ITEMS
4.A. Citizen’s Initiative Petition to Repeal Existing Regulations and Authorize Storefront and Non-Storefront Commercial Cannabis Businesses in Sausalito.
The City’s existing regulations regarding marijuana are set forth in Sausalito Municipal Code (SMC) Chapter 10.47. Under this provision, all medical, recreational, commercial, and delivery marijuana businesses are prohibited in the City of Sausalito.
This item was brought before the City Council to present a certified petition for a citizen sponsored initiative measure and to outline the actions required pursuant to California Elections Code (EC) Section 9215.
The initiative was submitted to the City Clerk on March 4, 2022 was entitled the “Safe and Fair Regulation of Cannabis Initiative”.
Council received Staff Report submitted by City Manager, Chris Zapata. Detailed presentation provided by Nicholas Muscolino from the of City Attorney office.
Summary of recommendation: adopt the proposed Ordinance, submit the proposed Ordinance to voters at the City’s next regular election on November 8, 2022 or take no further action.
Council questions followed. Answers and clarifications jointly provided by the City Attorney, the City Manager and the Community Development Director.
Council authorized the Ballot on Citizen’s Initiative Petition to Repeal Existing Regulations to be presented to voters at the City’s next regular election, November 8, 2022.
PUBLIC COMMENTS
Maltbie
Allie B
Ethan
Judith Waterer
Sarah Bodnar
Amber Maltbie
Arthur Bruce
Damian
Leopold
Eric Pearson
Cynthis Eggink
Sean Cleary
Eva Iphone
Pat Zach
Kelsey Fernandez
Bridget Clark
Ken Kennedy
Carol Dubin
Kathleen Maher
Sean Cleary
Chris
Robbie Powelson
Connor J
Paul Austin
415 532 4675
Laurie Dubin
Fernandez
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
By unanimous vote, the Council opted to place the retail cannabis citizen initiative on the ballot rather than adopting it.
Councilmember Jill Hoffman moved, seconded by Vice Mayor Blaustein to approve Resolution No. 6180 putting the Ballot on Citizen’s Initiative Petition to Repeal Existing Regulations and to Authorize Storefront and Non-Storefront Commercial Cannabis Businesses in Sausalito to be presented to voters at the City’s next regular election, November 8, 2022. The motion was carried unanimously by roll vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
4.B. Consideration of a lease between the City of Sausalito and the Sausalito Center for the Arts for the former Bank of America building located at 750 Bridgeway, Sausalito, CA.
Presentation by Michael Wagner, Principal Consultant of MKW Advisor, the City’s Contract Real Estate Manager.
On April 30, 2021, the City issued a Request for Ideas for the Reuse and Reactivation of the Bank of America Building (“RFI”). It invited submissions of “specific ideas for the use of the property by entities equipped and capable of executing such specific ideas”.
On January 11, 2022, Council selected the Sausalito Center for the Arts & Restaunomics Restaurant/Bar/Café as best meeting the RFI objectives. Council authorized a working group assigned to the project (consisting of the City Manager, Councilmembers Hoffman and Sobieski) (“Working Group”) to initiate lease negotiations.
Sausalito Center of The Arts (SCA)
This matter involves a public private partnership involving a lease of the ground floor and mezzanine of the former Bank of America building (“Building”) located at 750 Bridgeway, Sausalito, CA (“Property”) to the Sausalito Center for the Arts, a California non-profit public benefit corporation (“SCA”) for multi-media art-center purposes (“SCA Lease”).
The SCA Lease has been substantially negotiated with both parties reaching tentative agreement regarding the material business terms and conditions for the lease. The SCA Lease is now ready for final approval by the Council.
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
Restaunomics
If approved, the proposed lease for the roof of the building between the City and Restaunomics LLC (“Restaunomics”) for restaurant/bar/café purposes, would add significant value to the Property. Restaunomics is in the process of completing costly structural and engineering studies and a preliminary design for this aspect of the project.
Council direction was to highlight the importance of each process and outline the impact and benefit to the City. Council questions followed.
PUBLIC COMMENTS (WRITTEN)
Flavin
Schwarcz
Dehn
Frazer
Johnson
Zuch
Bushmaker
Burns
Hanson
Mandel
Pfefier
Keller & Horinzny
Coral
Elze
Saxton
Williams
Hammond
Nelson 2
Nelson
Mayo
Hail
Lurhs
Hanson, Sonja
MacGregor
Thornburg
Drobins
Nadjibi
Pratt
Merrill
Theodores
Risberg
Barker
Gray
Chase
Boy
De-Rener
Wetterer
PUBLIC COMMENTS (VERBAL)
Tom Reilly
Raylene Gorum
Jann Johnson
Scott Hanson
Vicky Nicholls
John Flavin
Pat Zuch
Kay Carlson
Michael Mendel
Ronald Albert
Kristen Wolslegel
Kevin Caroll
Chyntis Eggink
Sandra Bushmaker
Alice Merill
Arthur Bruce
Council adopted Resolution No. 6181 approving the lease with SCA with modifications as directed by council at the open and closed sessions.
Councilmember Sobieski moved, seconded by Councilmember ClevelandKnowles to approve the lease with SCA with modifications as directed by the Council. The motion was carried unanimously by roll vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
5. PUBLIC HEARING ITEMS
5.A. Ordinance amending Chapter 12.16 of the Sausalito Municipal Code “Noise Control” to prohibit the use of gasoline powered landscape equipment.
Presentation from Andrew Davidson, Sr. Civil Engineer, City of Sausalito Public Works Department.
Council heard the first reading of Ordinance No. 1290 Amending Chapter 12.16 of The Sausalito Municipal Code “Noise Control” to prohibit the use of gasoline powered landscape equipment.
The Sausalito Sustainability Committee recommended the Sausalito City Council to adopt an ordinance to restrict and/or to eliminate the use of gas-powered landscape equipment.
Prohibition includes leaf blowers, lawn mowers, weed trimmers and chain saws.
The Sustainability Commission recommended incorporating language into Chapter 12.16 “Noise Control” of the SMC to address the ban.
Technically, the proposed restrictions could be incorporated into Title 11 “Environmental Protection” of Sausalito’s Municipal code since the reduction of greenhouse gas emissions can fall under this title. However, staff has prepared the necessary changes to Chapter 12.16 like other jurisdictions in the County.
Council questions followed.
Further clarification provided by the Chair and Member of Sustainability Committee, Lauren Wylie and Mark Palmer.
Council directed staff to make some changes. Second reading of will be heard at the next schedule City Council meeting of August 30, 2022.
Public Comments
There were no public comments.
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
Mayor Kellman moved, seconded by Councilmember Cleveland-Knowles to approve the first reading of Ordinance No. 1290 allowing the modification of Chapter 12.16 of the Sausalito Municipal Code “Noise Control” to prohibit the use of gasoline powered landscape equipment. The motion was carried unanimously by roll vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
6. COMMUNICATIONS
City Council to hear from Citizens regarding matters that are not on the agenda.
Public Comments
Arthur Bruce
Ethan
7. COUNCILMEMBER COMMITTEE REPORTS
City of Sausalito continues to work to secure and have been successful in obtaining additional revenues through various sources. Mayor Kellman highlighted recent successes in securing additional funding through several initiatives, namely:
County of Marin has committed to match the funding amount from the State to assist with the ever increasing encampment expenditures. This commitment was secured through successful initiative instigated by Vice Mayor Blaustein and Councilmember Hoffman.
Through her unwavering commitment, Councilmember Hoffman has successfully encouraged RBRA to abandon the costly project of Mooring Field. RBRA staff would have the option of redirecting funds to other expenses related to alternative housing to relocate people living in boats on the anchorage.
As instigated and encouraged by Councilmember Cleveland-Knowles, the City will receive reimbursement against expenses incurred by the 2019 landslide on Sausalito Boulevard.
With continuing hard work by Councilmembers, Mayor and Working Group members, the City of Sausalito has recently secured $1M state funding earmarked for Sea Level Rising Resiliency and Vulnerability Planning Program.
Mayor Kellman and Councilmember Sobieski continue to work on improving parking fee structure to increase revenue.
New EV Chargers is among future revenue generation program for Sausalito. Council is fully supportive towards this program and will work closely with the City Manager to explore the opportunity and plan the next steps.
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
Public Comments
There were no public comments.
8. CITY MANAGER REPORTS, CITY COUNCIL APPOINTMENTS, OTHER COUNCIL BUSINESS
8.A. PUBLIC COMMENTS
There were no public comments
8.B. The City Manager summarized the issue surrounding the City’s current staffing level. The reduced staffing level is caused by structural deficit and ongoing cost increase for direct employment. The City has implemented several measures to address the issues while striving to fulfil the obligation of services under such a constraint.
City Manager conveyed appreciation for commitment and hand work by City Staff despite the ongoing challenges. Also, a notable appreciation for the hard work by Parks and Recreation Dept and Volunteers for the successful July 4th Celebration. 8C. Appointments to Boards, Commissions and Committees - 10:20 PM Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference—September 7-9, 2022 in Long Beach Council appointed Vice Mayor Blaustein as the delegate and Councilmember Hoffman as the alternate to represent and attend the California Cities Annual Conference in September 2022.
Mayor Kellman moved, seconded by Councilmember Cleveland-Knowles to approve Vice Mayor Blaustein and Councilmember Hoffman to attend the California Cities Annual Conference in Long Beach, September 7-9, 2022. The motion was carried unanimously by roll vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
8D. Future Agenda Items
Next regular City Council Meeting has been scheduled for August 30th, 2022.
Tentative future agenda items:
- EV Charging Stations
- Caledonia Street Closure Update
- Permanent Parklet Permitting
- Sea Level Rise
- Consideration of Renewal of Measure "O"
8E. Other Reports of Significance
Sausalito City Council Minutes
Regular Meeting of July 12th, 2022
There were no reports of significance.
9. ADJOURNMENT
Meeting adjourned at 10:51 PM – July 12th, 2022.
Approved on: August 30th, 2022 Respectfully Submitted by Serge Avila
City Clerk