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Home My WebLink AboutCC SA Minutes 2018-06-18 1 In the Council Chambers of the City of San Rafael, Monday, June 18, 2018 Regular Meeting Minutes San Rafael City Council Present: Vice-Mayor Gamblin Councilmember Bushey Councilmember McCullough Absent: Mayor Phillips Councilmember Colin Also Present: City Manager Jim Schutz Assistant City Attorney Lisa Goldfien Deputy City Clerk Daniel Soto OPEN SESSION – COUNCIL CHAMBERS, CITY HALL – 6:00 PM 1. Vice-Mayor Gamblin announced Closed Session item CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 6:00 PM 2. Closed Session: a. Conference with Labor Negotiators Government Code Section 54957.6 Lead Negotiator: Timothy L. Davis (Burke, Williams & Sorensen) Agency Designated Representatives: Jim Schutz, Cristine Alilovich, Stacey Peterson, Lauren Monson, Mark Moses, Nadine Hade, Christopher Gray, Diana Bishop Employee Organizations: Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; San Rafael Police Mid-Management Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association Unrepresented Employees: Executive Management group; Mid-Management group; Elected City Clerk and Elected Part-time City Attorney group Assistant City Attorney Lisa Goldfien announced that no reportable action was taken OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM • Rhonda Kutter and Kathleen Cheek, Massage Ordinance Advisory Committee, addressed the City Council regarding ongoing code enforcement for the Massage Program CITY MANAGER’S REPORT: 3. City Manager’s Report City Manager Jim Schutz reported on: • Cannabis Business Tax Measure G and the initial application period for licensing; 2 • Permanent Transit Center; • Community Services and the Fire Department summer kick-off; • Upcoming Italian Street Painting Festival; • Community meetings on Library services to be held Tuesday, June 26 at 6pm Terra Linda Community Center, Thursday, June 28 at 6pm at City Hall, and Saturday, June 30 at 2 p m at the Al Boro Community Center CONSENT CALENDAR: 4. Consent Calendar Items: Vice-Mayor Gamblin invited public comment Ralph Mihan commented on item 4.h There being no further comment from the audience, Vice-Mayor Gamblin closed the public comment period Councilmember McCullough moved and Councilmember Bushey seconded to approve the Consent Calendar Items a. Approval of Minutes Approval of Minutes of Special City Council Meeting and City Council /Successor Agency Regular Meetings of June 4, 2018 (CC) Special Meeting Minutes 06/04/2018 City Council Meeting Minutes 06/04/2018 Approved Minutes as submitted b. Marin County Commission on Aging Reappointment Reappointment of Salamah Locks to Fill One Three-Year Term as the San Rafael Representative on the Marin County Commission on Aging to the End of June 2021 (CC) Commission on Aging Reappointment Approved staff recommendation c. California State Preschool Contract Resolution Approving and Authorizing the City Manager to Execute a Funding Agreement (California State Preschool Program-8280) With the California Department of Education to Receive Funding in the Amount of $221,745 for Fiscal Year 2018-2019 for Child Development Services, Subject to Non-Substantive Changes Approved by the City Attorney (CS) Child Development Services Funding Agreement RESOLUTION 14517 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT (CALIFORNIA STATE PRESCHOOL PROGRAM-8280) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION TO RECEIVE FUNDING IN THE AMOUNT OF $221,745 FOR FISCAL YEAR 2018-2019 FOR CHILD DEVELOPMENT SERVICES, SUBJECT TO NON-SUBSTANTIVE CHANGES APPROVED BY THE CITY ATTORNEY d. Cannabis Licensee Background Check Authorization Resolution Authorizing Access to State and Federal Level Summary Criminal History Information for Licensing or Certification Purposes in Order to Implement San Rafael Municipal Code Chapter 10.96 Pertaining to Commercial Cannabis Businesses (ED) Cannabis Licensee Background Check Authorization 3 RESOLUTION 14518 – RESOLUTION AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR LICENSING OR CERTIFICATION PURPOSES IN ORDER TO IMPLEMENT SAN RAFAEL MUNICIPAL CODE CHAPTER 10.96 PERTAINING TO COMMERCIAL CANNABIS BUSINESSES e. Investment Policy Annual Review and Resolution to Approve the City of San Rafael Investment Policy (Fin) Investment Policy RESOLUTION 14519 – RESOLUTION TO APPROVE THE CITY OF SAN RAFAEL INVESTMENT POLICY f. Annual Adjustment to the Library Parcel Tax Report on Annual CPI Rate Adjustment for the Library Parcel Tax for the Fiscal Year July 1, 2018 Through June 30, 2019 as Approved and Authorized by Measure D (Fin) Library Parcel Tax Annual Adjustment Accepted report g. Ambulance Cost Recovery Resolution Authorizing the City Manager to Execute Agreements to Allow the San Rafael Fire Department to Participate in an Intergovernmental Transfer with the California Department of Health Care Services (DHCS) in Order to Increase the Department's Reimbursement for EMS Ambulance Transport Services Provided to County Health Plan (Partnership Health Plan) Members for FY 2017-2018 (FD) Ambulance Cost Recovery RESOLUTION 14520 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO ALLOW THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN INTERGOVERNMENTAL TRANSFER WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (DHCS) IN ORDER TO INCREASE THE DEPARTMENT’S REIMBURSEMENT FOR EMS AMBULANCE TRANSPORT SERVICES PROVIDED TO COUNTY HEALTH PLAN (PARTNERSHIP HEALTH PLAN) MEMBERS FOR FY 2017-2018. h. Bret Harte Park Restroom Installation Project Resolution Awarding, and Authorizing the City Manager to Execute, a Construction Agreement for the Bret Harte Park Restroom Installation Project, City Project No. 11326, to McNabb Construction, Inc. in an Amount of $238,983 and Authorizing Contingency Funds in the Amount of $24,017 for a Total Appropriated Amount of $263,000 (PW) Bret Harte Park Restroom Installation RESOLUTION 14521 – RESOLUTION AWARDING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONSTRUCTION AGREEMENT FOR THE BRET HARTE PARK RESTROOM INSTALLATION PROJECT, CITY PROJECT NO. 11326, TO MCNABB CONSTRUCTION, INC. IN AN AMOUNT OF $238,983 AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $24,017 FOR A TOTAL APPROPRIATED AMOUNT OF $263,000. AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips OTHER AGENDA ITEMS: 4 5. Other Agenda Items: a. Measure A Transportation Sales Tax Renewal Resolution Approving the Transportation Authority of Marin (TAM) Final Transportation Sales Tax Renewal Expenditure Plan (Measure A Transportation Sales Tax) (PW) Measure A Transportation Sales Tax Bill Guerin, Director of Public Works introduced Dianne Steinhauser, Executive Director, Transportation Authority of Marin who made a presentation Councilmember Bushey / Dianne Steinhauser Councilmember McCullough / Dianne Steinhauser Councilmember McCullough / Dianne Steinhauser City Manager Jim Schutz Vice-Mayor Gamblin / Dianne Steinhauser Vice-Mayor Gamblin / Dianne Steinhauser Vice-Mayor Gamblin / Dianne Steinhauser Vice-Mayor Gamblin / Dianne Steinhauser Vice-Mayor Gamblin / Dianne Steinhauser Vice-Mayor Gamblin invited public comment Kate Powers, Expenditure Plan Advisory Committee, Citizens Oversight Committee of TAM, Bicycle and Pedestrian Advisory Committee There being no further comment from the audience, Vice-Mayor Gamblin closed the public comment period Councilmember McCullough Councilmember Bushey Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14522 – RESOLUTION APPROVING THE TRANSPORTATION AUTHORITY OF MARIN (TAM) FINAL TRANSPORTATION SALES TAX RENEWAL EXPENDITURE PLAN (MEASURE A TRANSPORTATION SALES TAX) AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips PUBLIC HEARINGS: 5 6. Public Hearings: a. Bicycle and Pedestrian Master Plan Resolution Adopting a Negative Declaration for the San Rafael Bicycle and Pedestrian Master Plan 2018; and Resolution Adopting the San Rafael Bicycle and Pedestrian Master Plan 2018 Update (PW) Notice-Continued to July 16 Meeting Vice-Mayor Gamblin invited public comment, however there was none, and the public hearing was closed. Councilmember Bushey moved and Councilmember McCullough seconde d to continue the item to July 16, 2018 AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips OTHER AGENDA ITEMS: 7. Other Agenda Items: a. Response to Grand Jury Report About Sexual Assault in Marin Resolution Approving and Authorizing the Mayor to Execute the City's Response to the April 25, 2018 Marin County Grand Jury Report Entitled "Sexual Assault in Marin: Evidence Collection, Processing and Backlog" (PD) Grand Jury Response: Sexual Assault in Marin Chief of Police Diana Bishop presented the staff report Vice-Mayor Gamblin invited public comment; however, there was none. Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14523 – RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY’S RESPONSE TO THE APRIL 25, 2018 MARIN COUNTY GRAND JURY REPORT ENTITLED "SEXUAL ASSAULT IN MARIN: EVIDENCE COLLECTION, PROCESSING AND BACKLOG” AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips b. Response to Grand Jury Report About Homelessness Resolution Approving and Authorizing the Mayor to Execute the City's Response to the May 9, 2018 Marin County Grand Jury Report Entitled "Homelessness in Marin: A Progress Report" (CM) Grand Jury Response: Homelessness Andrew Hening, Director of Homeless Planning and Outreach, presented the staff report Vice-Mayor Gamblin / Andrew Hening 6 Vice-Mayor Gamblin / Andrew Hening Vice-Mayor Gamblin / Andrew Hening Councilmember Bushey / Andrew Hening Councilmember Bushey / Andrew Hening Councilmember Bushey / Andrew Hening Vice-Mayor Gamblin invited public comment; however, there was none. Councilmember McCullough moved and Councilm ember Bushey seconded to adopt the Resolution RESOLUTION 14524 – RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY’S RESPONSE TO THE MAY 9, 2018 MARIN COUNTY GRAND JURY REPORT ENTITLED "HOMELESSNESS IN MARIN: A PROGRESS REPORT” AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips c. Affordable Housing Resolution Supporting the $4 Billion Veterans and Affordable Housing Bond Act on the November 6, 2018 State Ballot (CM) Affordable Housing City Manager Jim Schutz Vice-Mayor Gamblin / City Manager Jim Schutz Councilmember McCullough / Assistant City Attorney Lisa Goldfien Councilmember McCullough moved and Councilmember Bushey seconded to continue this item to a date uncertain AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips d. City-Wide Proposed Budget for Fiscal Year 2018-19 and Legal Spending Limit City-Wide Proposed Budget and Spending Limit 1) Resolution Approving the City-Wide Budget and Capital Improvement Program for the Fiscal Year 2018-2019 and Providing for the Appropriations and Expenditure of All Sums Set Forth in Said Budget in the Amount of $148,829,258 (Fin) 2) Resolution Approving the Fiscal Year 2018-2019 GANN Appropriations Limit at $133,688,947 (Fin) City Manager Jim Schutz commented on the item and introduced Mark Moses and Nadine Hade 7 Mark Moses, Finance Director and Nadine Hade, Finance Manager presented the staff report Councilmember Bushey / Mark Moses Councilmember Bushey / Mark Moses Councilmember McCullough / Mark Moses Councilmember McCullough Vice-Mayor Gamblin invited public comment, however there was none. Councilmember McCullough Councilmember Bushey Vice-Mayor Gamblin Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14525 – RESOLUTION APPROVING THE CITY-WIDE BUDGET AND CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEAR 2018-2019 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $148,829,258 AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14526 – RESOLUTION APPROVING FISCAL YEAR 2018-2019 GANN APPROPRIATIONS LIMIT AT $133,688,947 AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips e. Western Council of Engineers Successor Memorandum of Understanding Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for Western Council of Engineers (July 1, 2018 through June 30, 2020) (HR) Western Council of Engineers MOU Stacey Peterson, Human Resources Director, presented the staff report Vice-Mayor Gamblin Vice-Mayor Gamblin invited public comment, however there was none. Councilmember McCullough 8 Councilmember Bushey / Stacey Peterson / Vice-Mayor Gamblin Councilmember Bushey moved and Councilmember McCullough seconded to direct staff to return with a resolution adopting Memorandum of Understanding AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips f. SEIU Local 1021 Successor Memorandum of Understanding Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for SEIU Local 1021 (July 1, 2018 through June 30, 2020) (HR) SEIU Local 1021 MOU Presentation from Stacey Peterson Vice-Mayor Gamblin invited public comment, however there was none, and he closed the p ublic comment period. Councilmember McCullough Vice-Mayor Gamblin Councilmember McCullough moved and Councilmember Bushey seconded to direct staff to return with a resolution adopting the Memorandum of Understanding AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips Items 7.g, 7.h and 7.i combined: g. Compensation for Executive Management Employees Discussion and Consideration of a Resolution Pertaining to Compensation and Working Conditions for San Rafael Unrepresented Executive Management Employees ("Executives") (July 1, 2018 Through June 30, 2020) (HR) Executive Mgmt Employees Compensation h. Compensation for Unrepresented Mid-Management Employees Discussion and Consideration of a Resolution Pertaining to Compensation and Working Conditions for San Rafael Unrepresented Mid-Management Employees ("Mid-Managers") (July 1, 2018 Through June 30, 2020) (HR) Unrepresented Mid-Mgmt Employees Compensation i. Compensation for the Elected City Clerk and Elected Part -Time City Attorney Discussion and Consideration of a Resolution Pertaining to Compensation and Working Conditions for the Elected City Clerk and Elected Part -Time City Attorney (July 1, 2018 Through June 30, 2020) (HR) Elected City Clerk & City Attorney Compensation Stacey Peterson, Director of Human Resources, combined Items 7.g, 7.h, and 7.i in her presentation 9 Vice-Mayor Gamblin Vice-Mayor Gamblin invited public comment; however, there was none. Vice-Mayor Gamblin Councilmember McCullough / Stacey Peterson Assistant City Attorney, Lisa Goldfien Councilmember McCullough moved and Councilmember Bushey seconded to combine Items 7.g, 7.h, and 7.i and direct staff to return with Resolutions for adoption AYES: Councilmembers: Bushey, McCullough & Vice-Mayor Gamblin NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Mayor Phillips COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 8. Councilmember Reports: None SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None ADJOURNMENT: Vice-Mayor Gamblin adjourned the meeting at 9:08 p.m. in memory of former Police Chief Matt Odetto and Lashalle Lyons, Library Circulations Supervisor ___________________________ LINDSAY LARA, City Clerk APPROVED THIS_____DAY OF____________, 2018 _____________________________________ GARY O. PHILLIPS, Mayor