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Regular City Council Meeting
December 13th, 2022
CITY OF SAUSALITO
REGULAR CITY COUNCIL MEETING MINUTES
NOVEMBER 15, 2022
I. CALL TO ORDER
The regular meeting of November 15, 2022 was called to order by Mayor Kellman at 6:02 p.m. and conducted via a telephonic Zoom meeting.
I.A ROLL CALL
PRESENT: Councilmembers: Sobieski (VIA ZOOM), Hoffman (VIA ZOOM), *Cleveland-Knowles (VIA ZOOM), Vice-Mayor Blaustein (VIA ZOOM), Mayor Kellman (VIA ZOOM)
ABSENT: None
*Councilmember Cleveland-Knowles was not present during the initial Roll Call and Closed Session but arrived at 7:00 p.m. to attend the Open Session.
I.B. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Kellman announced the Closed Sessions Items:
B.1. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation pursuant to California Government Code Section 54956.9(d) (1) Name of Case: Sausalito Yacht Harbor v. City of Sausalito MCSC Case No. CIV 1902916
B.2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency designated representatives: Charles Sakaii, Deborah Muchmore, Chris Zapata Employee Organization: Sausalito Police Association Unrepresented Employees: Chief of Police, Lieutenant, Captain, Parking Analyst, Records Supervisor/Assistant to the Chief of Police
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were none.
RECESS TO CLOSED SESSION
Mayor Kellman recessed to Closed Session at 6:04 p.m.
RECONVENE TO OPEN SESSION
Mayor Kellman reconvened to Open Session at 7:00 p.m.
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II.A. CLOSED SESSION ANNOUNCEMENTS
There were no Closed Session announcements.
II.B. APPROVAL OF AGENDA
Chris Zapata, City Manager, requested that Agenda Item 3G be removed from the Agenda and continued to a date to be determined.
Moved by Councilmember Sobieski, seconded by Councilmember Hoffman, and unanimously approved by the following roll call vote, to approve the Agenda as amended:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
1. MAYOR’S ANNOUNCEMENTS
Mayor Kellman noted the passing of two key community members, Russell Kiernan and Franz Biachl; provided remarks related to their dedication to the community; and requested the meeting be adjourned in their memory.
2. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
PUBLIC COMMENTS
There were no public comments regarding the proposed draft meeting minutes.
Moved by Vice Mayor Blaustein, seconded by Councilmember Hoffman, and unanimously carried to approve the following minutes:
Regular City Council Meetings on 09/13/22, 09/20/22, 10/11/22 and 10/25/22; and Minutes from the Special City Council Meeting of 10/04/2022.
3. CONSENT CALENDAR
Mayor Kellman requested that Agenda Item 3B be removed from the Consent Calendar for further discussion.
PUBLIC COMMENTS
Sandra Bushmaker, noted the omission of key issues related to the Ferry Landing Improvement Project Phase I, Agenda Item 3B.
Joan Cox, resident, spoke on her issues associated with Agenda Item 3B; and noted that Agenda Item 3C had not been properly noticed and requested the item be continued.
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Councilmember Cleveland-Knowles questioned the noticing of Agenda Item 3C and noted the positive outcome on Agenda Item 3A.
Vice Mayor Blaustein noted the need to approve the second reading due to the deadline of the building code adoptions.
Greg Rubens, City Attorney, noted that while the second reading had been noticed properly, it should be removed from the Consent Calendar to be approved separately.
Moved by Councilmember Hoffman, seconded by Councilmember Cleveland Knowles, to approve the Consent Calendar as amended (removing Agenda Item Nos. 3B and 3C for further discussion; and continuing Agenda Item 3G to a date to be determined), by the following roll call vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: None
ABSTAIN: None
ABSENT: None
3.A. Adopt a Resolution of the City Council of the City of Sausalito Accepting the Safe Pathways to School, Nevada Street Traffic Calming Project as Complete and Direct the City Engineer to File a Notice of Completion
The City Council adopted Resolution No. 6209, accepting the Safe Pathways to School, Nevada Street Traffic Calming Project as Complete and Direct the City Engineer to File a Notice of Completion
3.B. Ferry Landside Improvement Project Phase 1
The City Council removed this item from the Consent Calendar for further discussion.
PUBLIC COMMENTS
Mayor Kellman expressed inconsistencies associated with the staff report.
The following individuals expressed concerns related to the Ferry Landing Improvement Project, Phase I staff report:
Kieran Culligan
Peter Van Meter
Sandra Bushmaker
Pat Zuch
The City Council provided comments, recommendations, and requested the item be returned at a date to be determined with the incorporation of the City Council discussion points and recommendations.
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3.C. 2nd Reading - Ordinance amending Chapters 8.06 through 8.28 and Chapter 8.40 of Title 8 (Buildings and Construction) of the Sausalito Municipal Code and Adopting the 2022 Edition of the Title 24 Code of Regulations and the 2021 International Property Maintenance Code with Local Amendments
City Attorney Greg Rubens noted the scrivener’s errors in the report did not inhibit approval as the item was properly noticed and published.
Moved by Councilmember Cleveland-Knowles, seconded by Councilmember Hoffman, and unanimously carried, to:
The City Council conducted a second reading and adopted the following ordinance:
Ordinance No. 1291, an Ordinance of the City Council of the City of Sausalito deleting Chapters 8.06, 8.20, 8.24, 8.26 and 8.40 and amending Chapters 8.08, 8.10, 8.12, 8.14, 8.16,
8.18, 8.22 and 8.28 of Title 8 of the Sausalito Municipal Code, specifically adopting the 2022 California Building Code and specified appendices, 2022 California Residential Code and specified appendices, 2022 California Electrical Code and specified appendix, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Existing Building Code, and the 2021 International Property Maintenance Code with Local Amendments
The City Council approved the item by the following roll call vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: None
ABSTAIN: None
ABSENT: None
3.D. Third Amendment to the Professional/Consulting Services Agreement with Dudek for Cost Recovery Planning Application Processing Services (CEQA Review) for 70-74 Liberty Ship Way – No Fiscal Impact to the City (contract paid for entirely by applicant) Adopted Resolution No. 6210.
3.E. Receive and File an Update on the Objective Development and Design Standards Project and Adopt a Resolution to:
The City Council Adopted Resolution No. 6211 and authorized the City Manager to execute a professional services agreement amendment with Opticos Design, inc. for planning services including preparation of visualization images for selected housing opportunity sites for the amount of $35,300 for a total not-to-exceed amount of $109,243.
3.F. IT Department Status Update
The City Council received and filed the IT Department Status Update.
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3.G. Adopt a Resolution Renaming the Community Safety/Disaster Preparedness Committee to the Disaster Preparedness Committee and Reestablishing Membership, Terms of Office, and Purpose of the Disaster Preparedness Committee City Manager Zapata requested this item be removed from the Consent Calendar and continued to a date to be determined.
3.H. Sausalito Police Department’s Crime and Traffic Report Calendar Year 2022 – Third Quarter Report
The City Council received and filed the Crime and Traffic Report Calendar Year 2022, Third Quarter Report.
3.I. Authorize the City Manager to Execute an Agreement for Mutual Police Services Support with the City of Mill Valley
The City Council Adopted Resolution No. 6212, authorizing the City Manager to execute an agreement for mutual police services support with the City of Mill Valley.
3.J. Southern Marin Fire District (SMFD) Ordinance 2022/2023-01 Amending the 2022 California Fire Code
The City Council ratified the following:
ORDINANCE NO. 2022/2023-01 - AN ORDINANCE OF SOUTHERN MARIN FIRE PROTECTION DISTRICT ADOPTING AND MODIFYING THE 2022 CALIFORNIA FIRE CODE AND APPENDIX A OF THE 2021 INTERNATIONAL WILDLAND-URBAN INTERFACE
CODE WITH AMENDMENTS SUPPORTED BY LOCAL FINDINGS, PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND DEFINING THE POWERS AND DUTIES OF
THE RISK REDUCTION PREVENTION AND MITIGATION DIVISION AND OFFICERS
3.K. Southern Marin Fire Protection District 3rd Quarterly Report The City Council received and filed the Southern Marin Fire Protection District 3rd Quarter Report.
4. PUBLIC HEARING ITEMS
4.A. First Reading and Introduction of an Ordinance adopting a Military Equipment Use Policy per CA Assembly Bill 481 (Government Code § 7070 et seq.) Mayor Kellman opened the public hearing at 7:18 p.m.
Acting Lieutenant Rodgers presented the staff report including a PowerPoint presentation.
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Summary: In order to comply with AB 481 and the California Government Code, Staff is recommending the City Council review and introduce an Ordinance adopting a Military Equipment Use Policy. Staff recommends City Council approve by motion the attached Military Equipment Use Policy after determining it is in compliance with state law.
Vice Mayor Blaustein clarified the requirement for compliance and the reasons for the policy.
PUBLIC COMMENTS
There were no public comments.
Mayor Kellman closed the Public Hearing at 7:24 p.m.
Moved by Councilmember Cleveland-Knowles, seconded by Councilmember Hoffman, to:
Introduce for first reading the following ordinance:
ORDINANCE NO. 1292 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAUSALITO ADOPTING A MILITARY EQUIPMENT USE POLICY
The motion carried unanimously by the following roll call vote:
AYES: Councilmembers: Sobieski, Hoffman, Cleveland-Knowles, Vice Mayor Blaustein, Mayor Kellman
NOES: None
ABSTAIN: None
ABSENT: None
5. BUSINESS ITEMS
5.A. General Discussion Concerning Undergrounding of Pacific Gas and Electric Company’s System Planned 12kV System Upgrades Within the City of Sausalito Kevin McGowan, Public Works Director & City Engineer, presented the staff report including a PowerPoint presentation.
Summary: Pacific Gas and Electric Company (PG&E) has informed the City that electrical system upgrades are needed to their system in Sausalito. PG&E’s project includes replacing selected existing poles, overhead wire equipment, and could, in some places, include the installation of new equipment necessary to support a 12kV system. These upgrades will occur in the central area of Sausalito and are illustrated in Attachment 4 and may negatively impact residents.
On August 30, 2022, staff and PG&E representatives made a presentation to the City Council regarding the upgrade of their current 4kV system to a 12kV system in Sausalito. PG&E’s project is entirely above ground and will cost the utility approximately $8 million. Despite the fact that above-ground electrical lines pose a fire risk, are prone to outages during storms, can Page | 7
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be unsightly, and can block views the utility has not agreed to requests by the City Council and staff to shift this project to an undergrounding project performed at PG&E’s expense.
In other areas of the state, in 2021 PG&E has committed to underground 10,000 miles of power lines to reduce the risk of fire. See Attachment 5 – SF Chronicle 6-21-2021 PG&E maintains that it is not obligated to underground these facilities and anticipates moving forward with upgrading their above ground system in 2023. Sausalito has performed some preliminary research to explore undergrounding the new PG&E’s new 12kV system.
Preliminarily the cost of undergrounding this system is estimated to be a minimum of $35 million but could cost upwards of $60 million.
On September 20, 2022, staff provided an update regarding PG&E 12kV system update.
Council requested that staff pursue several tasks regarding this subject. Staff initially understood that a consultant would be needed to possibly initiate an undergrounding project of PG&E 12kV system upgrade area. However, after careful review of the council meeting, a consultant is needed to assist the city Council and the community with knowledge regarding the options for undergrounding portions, or all of PG&E’s 12kV upgrade. While the city did receive a proposal to provide assistance regarding this subject, a more refined consultant scope is needed based on the Council’s direction. In addition, staff reached out to other jurisdictions who are currently initiating or implementing undergrounding project(s) and have performed research into previous efforts initiated by the Sausalito with regard to undergrounding.
At this time staff is seeking council’s direction with regard to soliciting residents for their feedback to see if they are interested in fiscally supporting undergrounding, request staff to update the current city policy, pursue securing legal assistance to interact with PG&E regarding their current policies of undergrounding, or consider initiating an undergrounding project at this time.
City Council discussion ensued including questions asked of the following PG&E representatives: Mark van Gorder, Gerald Hunt, Amy Novesky, John Leyba, and Communications Consultant Tracy Craig.
PUBLIC COMMENTS
The following individuals provided their concerns and provided questions related to undergrounding:
1. Joan Cox
2. Sandra Bushmaker
3. Mike
4. W. Richards
The following individual spoke in support of undergrounding:
5.Adrianna
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After continued discussion, the City Council directed that staff move forward with the following elements:
1. Develop a survey of residents on the city website asking how much residents would be interested in paying for undergrounding.
2. Continue to seek legal assistance to challenge PG&E's policies regarding undergrounding
3. Update current Undergrounding Policies and procedures to assist residents who want to pursue undergrounding.
4. PG&E to provide a summary of their outreach for their project. Incorporate this outreach into Currents and our web pages
5. Encapsulate the previous discussions regarding this subject into future staff reports.
6. Continue with a high level approach to undergrounding to support residents who may want to underground overhead facilities.
6. COMMUNICATIONS
There were none.
7. COUNCIL MEMBER COMMITTEE REPORTS
Vice Mayor Blaustein attended the Sustainability Commission meeting that included next steps for the Tier 1 REACH Code adoption and that outreach will begin in January.
Councilmember Sobieski thanked Bryan Vitale and staff for the recent community events that had outstanding community attendance; and noted the upcoming Tunnel Art Project Ribbon Cutting.
Councilmember Cleveland-Knowles noted the recent completion of the Bocce Ball lights and the Southview Park projects; and spoke on her attendance at the Transportation Authority of Marin meeting and thanked Direct McGowan for his support and work with the Authority.
Mayor Kellman noted discussions were taking place on a Sausalito Pride Event that would be held next June or July of next year.
8. CITY MANAGER REPORTS, CITY COUNCIL APPOINTMENTS, OTHER COUNCIL BUSINESS 8A. PUBLIC COMMENT on Items 8B-8E
There were no public comments on Agenda Items 8B-8E.
8B. City Manager Information for Council
City Manager Zapata provided a recruitment update; and noted that thirteen events that would be taking place throughout the month.
8C. Appointments to Boards, Commissions and Committees
There were none.
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8D. Future Agenda Items
There were none.
8E. Other reports of significance
There were none.
ADJOURNMENT IN MEMORIAM
With no other business to discuss, Mayor Kellman adjourned the meeting at 9:55 p.m., in memory of Russell Kiernan and Franz Biachl.
Approved on December 13th, 2022 at the Regular City Council Meeting.
Respectfully submitted,
Molly Perry
Interim City Clerk