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Home My WebLink AboutCC SA Minutes 2016-04-04IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, April 4, 2016 ti�lim S'il± of 5lurin Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Councilmember Colin Councilmember Bushey Councilmember Gamblin Councilmember McCullough Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS — 5:30 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - 5:30 PM 2. Closed Session: a. Conference with Labor Negotiators - Government Code §54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Jim Schutz, Cristine Alilovich, Stacey Peterson, Danielle Ferrigno, Sylvia Gonzales, Mark Moses, Robert Epstein Employee Organizations: All Bargaining Units Citv Attornev Robert Epstein announced that no reportable action was taken. OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM None SPECIAL PRESENTATION: 3. Special Presentation: a. Presentation by Dr. Harriet MacLean re San Rafael Community Schools Initiative 1 Dr. Harriet MacLean, Assistant Superintendent, Education Services, San Rafael City Schools, introduced Bell Reyes, Innovation Bridge, who would assist with the presentation. She noted that Rachel Kertz, School Board President and Greg Knell, School Board Vice -President were in attendance. Bell Reves Dr. Harriet MacLean Bell Reves Dr. Harriet MacLean / Mavor Phillips b. Presentation by Pacific Gas & Electric Company on Community Pipeline Safety Initiative Councilmember Bushev stated that she was excusing herself from the following item due to a potential conflict of interest, explaining that in her profession as an Administrative Law Judge, she is currently deliberating on a PG&E case. She left the Council Chambers. Mark van Gorder, Pacific Gas & Electric, introduced Darren Klein, Program Manager, Community Pipeline Safety Initiative, and Greg Gillis, Customer Relations. Darren Klein, Proaram Manaaer Mavor Phillips / Darren Klein Mavor Phillips / Darren Klein Mavor Phillips / Darren Klein Councilmember Gamblin / Darren Klein Councilmember Colin / Darren Klein Councilmember Colin / Darren Klein Councilmember McCullouah / Darren Klein Councilmember McCullouah / Darren Klein Councilmember McCullouah / Darren Klein Citv Manaaer Jim Schutz Councilmember Gamblin / Darren Klein Mavor Phillips Darren Klein Councilmember Bushev returned to Council Chambers CONSENT CALENDAR: 2 4. Consent Calendar Items: Item 4.b held from the Consent Calendar by Councilmember Bushey for comment Councilmember Colin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with LAK Associates, LLC to Serve as Project Planner and Environmental Planner For Land Use Entitlement Amendment Proposed at 1650 Los Gamos Drive for Kaiser Permanente Medical Offices (Term of Agreement: From April 4, 2016 to April 4, 2017, for an Amount up to $70,000) (CD) — File 4-3-616 PSA LAK Associates - 1650 Los Gamos RESOLUTION 14094 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LAK ASSOCIATES, LLC TO SERVE AS PROJECT PLANNER AND ENVIRONMENTAL PLANNER FOR LAND USE ENTITLEMENT AMENDMENT PROPOSED AT 1650 LOS GAMOS DRIVE FOR KAISER PERMANENTE MEDICAL OFFICES (TERM OF AGREEMENT: FROM APRIL 4, 2016 TO APRIL 4, 2017, FOR AN AMOUNT UP TO $70,000) C. Resolution Authorizing Designated City Employees to Execute and File on Behalf of the City of San Rafael all Assurances and Agreements Required to Accept and Manage Funds of a Federal Emergency Management Agency (FEMA) FY -2015 Pre -Disaster Mitigation Grant of $75,000 to Write the Local Hazard Mitigation Plan (FD) — File 13-11 FEMA Local Hazard Mitigation Plannina Grant Funds RESOLUTION 14095 - RESOLUTION AUTHORIZING DESIGNATED CITY EMPLOYEES TO EXECUTE AND FILE ON BEHALF OF THE CITY OF SAN RAFAEL ALL ASSURANCES AND AGREEMENTS REQUIRED TO ACCEPT AND MANAGE FUNDS OF A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FY -2015 PRE -DISASTER MITIGATION GRANT OF $75,000 TO WRITE THE LOCAL HAZARD MITIGATION PLAN AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Resolution Approving the Following Personnel Actions: Reinstate the Classification of Director of Economic Development and Rename Director of Economic Development and Innovation; Eliminate the Economic Development Manager Position (CM) — File 9-3-86 Economic Development Personnel Actions Councilmember Bushev Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14096 - RESOLUTION APPROVING THE FOLLOWING PERSONNEL ACTIONS: REINSTATE THE CLASSIFICATION OF DIRECTOR OF ECONOMIC DEVELOPMENT AND RENAME DIRECTOR OF ECONOMIC DEVELOPMENT AND INNOVATION; ELIMINATE THE ECONOMIC DEVELOPMENT MANAGER POSITION AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARING: 5. Public Hearing: a. Consideration of an Ordinance of the City Council of the City of San Rafael Amending San Rafael Municipal Code Chapter 9.04 Entitled "Clean Indoor and Outdoor Air and Health Protection" to Regulate the Smoking of Electronic Smoking Devices and to Eliminate an Exception Allowing Smoking While Actively Passing (CM) — File 13-1 Smoking Ordinance Rebecca Woodburv, Senior Management Analyst, presented the staff report Dr. Matt Willis, Public Health Officer, County of Marin Mavor Phillips Rebecca Woodbury Councilmember McCullough / Dr. Matt Willis Councilmember McCullough / Dr. Matt Willis Councilmember McCullough / Dr. Matt Willis Councilmember Colin / Rebecca Woodbury Councilmember Colin / Rebecca Woodbury Councilmember Colin / Rebecca Woodbury Councilmember Bushev / Rebecca Woodbury Councilmember Bushev / Rebecca Woodbury Mavor Phillips declared the public hearing opened Jane Levinson Elizabeth Emerson, Smoke Free Marin Coalition There being no further comment from the audience, Mayor Phillips closed the public hearing 4 Mavor Phillips Councilmember McCullough Mavor Phillips Councilmember Gamblin Councilmember Bushev The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 9.04 ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION" TO REGULATE THE SMOKING OF ELECTRONIC SMOKING DEVICES AND TO ELIMINATE AN EXCEPTION ALLOWING SMOKING WHILE ACTIVELY PASSING Councilmember Gamblin moved and Councilmember Bushey seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1938 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin & Mayor Phillips NOES: Councilmembers: McCullough ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Accepting the Retiree Healthcare Plan June 30, 2015 Actuarial Valuation Report (Fin) — File 4-3-476 Retiree Medical Actuarial Valuation Mark Moses, Finance Director, presented the staff report Councilmember Gamblin / Mark Moses Mavor Phillips invited public comment; however, there was none Mavor Phillips Councilmember Bushev Mark Moses / Mavor Phillips - thanked Doug Pryor, Bartel Associates Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14097 - RESOLUTION ACCEPTING THE RETIREE HEALTHCARE PLAN JUNE 30, 2015 ACTUARIAL VALUATION REPORT AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Report on and Review of State of California Performance Audit of the City's Residential Building Resale (RBR) Program (CD) — File 286 Residential Resale Building Report Paul Jensen, Community Development Director, introduced Chief Building Official Thomas Ahrens who would assist in presenting the staff report Thomas Ahrens Paul Jensen Councilmember Gamblin / Thomas Ahrens Councilmember Gamblin / Thomas Ahrens Councilmember Gamblin / Thomas Ahrens / City Attornev Robert Epstein Councilmember Colin / Paul Jensen Councilmember Colin / Paul Jensen Councilmember Colin / Paul Jensen Councilmember McCullough / Thomas Ahrens Councilmember McCullough Mavor Phillips Mavor Phillips / Thomas Ahrens Mavor Phillips / Thomas Ahrens Mavor Phillips / Paul Jensen Mavor Phillips / Paul Jensen / Robert Epstein Mavor Phillips / Robert Epstein Mavor Phillips invited public comment Niz Brown, Realtor Andv Fealev, Marin Association of Realtors Catherine Hoaan, Realtor C1 There being no further comment from the audience, Mayor Phillips closed the public comment period Mavor Phillips Councilmember Colin Mavor Phillips Councilmember Gamblin / Paul Jensen Councilmember Bushev Councilmember Bushey moved and Councilmember McCullough seconded to accept report Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 7. Citv Manaqer's Report: • None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 8. Councilmember Reports: • Councilmember Colin reported on the Marin BayWAVE project on Sea Level Rise • Councilmember Gamblin commented on the amazing progress at Beach Park • Mavor Phillips noted Dr. Colfax's comment today on opiate deaths in Marin County SAN RAFAEL SUCCESSOR AGENCY: 9. Consent Calendar: ADJOURNMENT Adjourned at 9:30 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF , 2016 GARY O. PHILLIPS, Mayor 7