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Home My WebLink AboutCCSA Minutes 2019-05-20 Page 1 of 5 In the Council Chambers of the City of San Rafael, Monday, May 20, 2019 Regular Meeting San Rafael City Council Minutes Present: Mayor Phillips Councilmember McCullough Councilmember Bushey Councilmember Colin Councilmember Gamblin Absent: None Also Present: City Manager Jim Schutz Assistant City Attorney Lisa Goldfien City Clerk Lindsay Lara How to participate in your City Council meeting OPEN SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 5:30 PM 1. Mayor Phillips announced Closed Session items. CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL - 5:30 PM 2. Closed Session: a. Conference with Legal Counsel – Existing Litigation (2 cases) Government Code Section 54956.9(b) & (d)(1)) Timothy Horvath v. City of San Rafael, Workers’ Compensation Appeal Board Case Nos. ADJ6928890, ADJ11022602, ADJ11022622, ADJ11022633 Rotary Manor v. City of San Rafael, Marin County Superior Court No. CIV 1702340 b. Conference with Labor Negotiators – Government Code Section 54957.6 Lead Negotiator: Timothy L. Davis (Burke, Williams & Sorensen) Agency Designated Representatives: Jim Schutz, Cristine Alilovich, Shibani Nag, Nadine Hade, Van Bach, Lauren Monson, Robert Epstein, Police Chief Diana Bishop Employee Organizations: SEIU - Childcare; San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association Assistant City Attorney Lisa Goldfien announced that no reportable action was taken in Closed Session OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM Page 2 of 5 • Matt Butler, San Rafael Yacht Harbor Operator, addressed the City Council regarding homelessness and the mobile shower program hours of operation SPECIAL PRESENTATION: 3. Special Presentation: a. Presentation of Proclamation to BioMarin Pharmaceutical Inc. for Being Named by Forbes As One of “America’s Best Midsize Employers” Mayor Phillips presented the Proclamation to Amy Wireman, BioMarin Amy Wireman, Group Vice President, Human Resources CITY MANAGER’S REPORT: 4. City Manager’s Report: City Manager Jim Schutz welcomed newly hired Deputy City Clerk Brenna Nurmi to the City of San Rafael, and introduced Public Works Director Bill Guerin who provided announced two major closures of Second and Third Streets due to the SMART construction project Public Works Director Bill Guerin responded to questions from Councilmember Gamblin CONSENT CALENDAR: 5. Consent Calendar Items: Councilmember McCullough moved and Councilmember Colin seconded to approve Consent Calendar Items: a. Approval of Minutes Approve Minutes of City Council / Successor Agency Regular and Special Meetings of Monday, May 6, 2019 (CC) Regular Meeting Minutes 2019-05-06 Special Meeting Minutes 2019-05-06 Approved as submitted b. Downtown San Rafael Market Resolution Authorizing the City Manager to Execute a Six-Month Professional Services Agreement with the Agricultural Institute of Marin to Manage the Downtown San Rafael Market for the 2019 Season (CS) Downtown San Rafael Market Management RESOLUTION 14670 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX- MONTH PROFESSIONAL SERVICES AGREEMENT WITH THE AGRICULTURAL INSTITUTE OF MARIN TO MANAGE THE DOWNTOWN SAN RAFAEL MARKET FOR THE 2019 SEASON c. City-County Joint Highway Safety Improvement Program (HSIP) Funding Agreement Resolution Approving and Authorizing the City Manager to Execute an Agreement Allowing the Page 3 of 5 County of Marin to Administer the Highway Safety Improvement Program (HSIP) for Intersection Improvement at 14 Locations in San Rafael (PW) City-County HSIP Funding Agreement RESOLUTION 14671 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ALLOWING THE COUNTY OF MARIN TO ADMINISTER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FOR INTERSECTION IMPROVEMENT AT 14 LOCATIONS IN SAN RAFAEL d. Lucas Valley Road at Los Gamos Drive Traffic Signal Resolution Approving and Authorizing the City Manager to Execute a Maintenance Agreement with the County of Marin for Maintenance of the Traffic Signal at the Intersection of Lucas Valley Road at Los Gamos Drive (PW) Traffic Signal - Lucas Valley Rd at Los Gamos Dr RESOLUTION 14672 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT WITH THE COUNTY OF MARIN FOR MAINTENANCE OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF LUCAS VALLEY ROAD AT LOS GAMOS DRIVE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS: 6. Public Hearings: a. Flavored Tobacco Ban Ordinance Consideration of An Ordinance of the City of San Rafael City Council Amending Chapter 8.15 of the San Rafael Municipal Code, Entitled "Tobacco Retail Sales, Advertising and Promotion" to Regulate Sales of Flavored Tobacco Products and Sale of Tobacco Products at Pharmacies (CD) Flavored Tobacco Product Ban Correspondence (May 17 at 10:00 a.m.) Correspondence (May 20 at 11:00 a.m.) Ethan Guy, Community Development Department Analyst, presented the staff report Dr. Matt Willis, County of Marin Health Officer Staff responded to questions from Councilmembers. Mayor Phillips declared the public hearing opened Speakers: Jennifer Parker, Speaker, Stephan, Cameron Price, Dr. Jason Nau, MD, San Francisco Marin Medical Society, Bonnie Taylor, Olivia Carpenter, Senta Ritter, Sean Smith, Johnathan Bailey, Allison, Eddie Walsh, Tamara Wise, Georgia, Elaina, Monique, Adoney Solfas, Mitchell Jordan, Shane Valentine, American Heart Association/Community Impact Director with focus on school systems, Dave Bonfilio, Volunteer Advocate with the American Cancer Society Cancer Action Network and First 5 Marin Commissioner, Liz Williams, North Americans for Nonsmokers' Rights, Arielle, Bianca, Erin Hanke, San Francisco Marin Medical Society, Linda Hen, Marin Healthy Youth Partnerships, Jaime Rojas, National Association of Tobacco Outlets, Rebecca Williams, Page 4 of 5 Buyer for VIP Vape Shop, Laura Walsh, Vape Liquid Manufacturer and Distributor, Laurie Bremner, American Cancer Society Cancer Action Network, Jesse, Jeremiah Mock, Public Health Researcher at UCSF, Brendon O'Connor, Sara Gronsky, Allison, Ted Turino, VIP Proprietor, Pam Granger, Co-Chair Smoke Free Marin Coalition There being no further comment from the audience, Mayor Phillips closed the public hearing Staff responded to questions from Councilmembers. Councilmembers provided comment. Councilmember Bushey moved and Mayor Phillips seconded to pass the Ordinance to print omitting section 8.15.110 C ‘Exemptions’ AYES: Councilmembers: Bushey & Mayor Phillips NOES: Councilmembers: Colin, Gamblin & McCullough ABSENT: Councilmembers: None Motion failed Councilmember McCullough moved and Councilmember Colin seconded to direct staff to draft an ordinance to exclude exemptions, designed to ensure only businesses currently operating in San Rafael, with a San Rafael business license and a tobacco license, could take advantage of the exemptions, and the businesses must prove compliance by the effective date of the ordinance AYES: Councilmembers: Colin & McCullough NOES: Councilmembers: Bushey, Gamblin & Mayor Phillips ABSENT: Councilmembers: None Motion failed Mayor Phillips moved and Councilmember Bushey seconded to pass the Ordinance to print with exemptions to be in effect for only one year from the date of adoption AYES: Councilmembers: Bushey & Mayor Phillips NOES: Councilmembers: Colin, Gamblin & McCullough ABSENT: Councilmembers: None Motion failed Councilmember Gamblin moved and Councilmember Bushey seconded to pass the Ordinance to print omitting 8.15.110 C ‘Exemptions’, to be effective January 1, 2021. ORDINANCE NO. 1970 - AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING CHAPTER 8.15 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “TOBACCO RETAIL SALES, ADVERTISING AND PROMOTION” TO REGULATE SALES OF FLAVORED TOBACCO PRODUCTS AND SALE OF TOBACCO PRODUCTS AT PHARMACIES AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: Colin & McCullough ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: Page 5 of 5 7. Councilmember Reports: Councilmember Colin reported on Marin Transit Mayor Phillips reported on the Wildfire Advisory Committee selection process, SMART crossing, and the Pension Subcommittee SAN RAFAEL SUCCESSOR AGENCY: 1. Consent Calendar: -None. ADJOURNMENT: Mayor Phillips adjourned the City Council meeting at 11:09 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2019 _____________________________________ GARY O. PHILLIPS, Mayor