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Home My WebLink AboutCC SA Minutes 2016-04-18 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, April 18, 2016 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 – 6:00 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 6:00 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  City Attorney Robert Epstein announced that no reportable action was taken OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM: Carolyn Lenert addressed Council regarding a proposed Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) proposed merger. She distributed a print by Paul Revere. Steve Emery & Kathleen Lapinski expressed appreciation for San Rafael's support of the arts. Cynthia Jackson addressed Council regarding Laura’s Law Barbara Alexander addressed Council regarding Laura’s Law 1 Hugo Landecker addressed Council regarding Beach Park Amy Likover addressed Council regarding Beach Park Mayor Phillips Gabriel informed Council of a new committee formed in the Canal Area to address community issues Lucianna Castellucci, Pawn Shop Owner, requested increased random patrol on Ritter St. Jackie Tackaberry thanked the Police Department for their assistance with the homeless near Ritter Center. Mayor Phillips CONSENT CALENDAR: 3. Consent Calendar Items: Item 3.d held from the Consent Calendar at the request of a member of the public John Reynolds Councilmember Bushey moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of Regular City Council / Successor Agency Meeting of March 21, 2016, Special Meeting of April 4, 2016 and Regular Meeting of City Council/Successor Agency of April 4, 2016 (CC) CCSA Minutes 03/21/2016 CCSA Minutes 04/04/2016 SPCC Minutes 04/04/2016 Approved as submitted b. Call for Applications to Fill One Four-Year Term on the San Rafael Planning Commission, Due to Expiration of Term of Barrett Schaefer, Term to Expire end of June, 2020 (CC) – File 9-2-6 Planning Commission Vacancy Approved staff recommendation c. Call for Applications to Fill One Four-Year Term on the San Rafael Design Review Board, Due to Expiration of Term of Robert (Bob) Huntsberry, Term to Expire End of June, 2020 (CC) – File 9-2-39 Design Review Board Vacancy Approved staff recommendation 2 e. Resolution Approving, and Allocating an Amount not to Exceed One Hundred and Forty Five Thousand Dollars ($145,000) of City Affordable Housing In-Lieu Funds for a Loan to Marin Housing for the Purchase of a Below Market Rate Housing Unit (A.P.N 179-420-07) (ED) – File 229 Purchase BMR Housing Unit RESOLUTION 14098 – RESOLUTION APPROVING, AND ALLOCATING AN AMOUNT NOT TO EXCEED ONE HUNDRED AND FORTY FIVE THOUSAND DOLLARS ($145,000) OF CITY AFFORDABLE HOUSING IN-LIEU FUNDS FOR A LOAN TO MARIN HOUSING FOR THE PURCHASE OF A BELOW MARKET RATE HOUSING UNIT (A.P.N 179-420-07) f. Resolution Authorizing Temporary Closure of Downtown City Streets; Fourth Street from Cijos to A Street and Lootens Place from City Parking Structure Entry to Fifth Avenue to Accommodate the Great American Blues & Barbeque Festival Event on Sunday, July 10, 2016 from 6:30 a.m. - 9:00 p.m. (ED) – File 11-19 Blues & BBQ St. Closure RESOLUTION 14099 – RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF DOWNTOWN CITY STREETS; FOURTH STREET FROM CIJOS TO A STREET AND LOOTENS PLACE FROM CITY PARKING STRUCTURE ENTRY TO FIFTH AVENUE TO ACCOMMODATE THE GREAT AMERICAN BLUES & BARBEQUE FESTIVAL EVENT ON SUNDAY, JULY 10, 2016 FROM 6:30 A.M. - 9:00 P.M. g. Resolution Authorizing Street Closures; Julia Street, A Street from Fifth Avenue to Fourth Street, Fifth Avenue from B Street to Court Street for Italian Street Painting Marin from 8:00 a.m. June 22nd through 4:00 p.m. June 27th, 2016 (ED) – File 11-19 Italian Street Painting Road Closures RESOLUTION 14100 – RESOLUTION AUTHORIZING STREET CLOSURES; JULIA STREET, A STREET FROM FIFTH AVENUE TO FOURTH STREET, FIFTH AVENUE FROM B STREET TO COURT STREET FOR ITALIAN STREET PAINTING MARIN FROM 8:00 A.M. JUNE 22ND THROUGH 4:00 P.M. JUNE 27TH, 2016 h. Resolution Authorizing Street Closures for the 2016 Great Race Start Celebration on Saturday, June 18th, 2016 from 6:00 a.m. – 7:00 p.m. on Fourth Street from Lootens Place to D Street Including Each Cross Street from Lootens Place to E Street (As Needed) (ED) – File 11-19 x 4-3-592 Great Race Celebration St. Closure RESOLUTION 14101 – RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2016 GREAT RACE START CELEBRATION ON SATURDAY, JUNE 18TH, 2016 FROM 6:00 A.M. – 7:00 P.M. ON FOURTH STREET FROM LOOTENS PLACE TO D STREET INCLUDING EACH CROSS STREET FROM LOOTENS PLACE TO E STREET (AS NEEDED) i. Resolution Authorizing a Street Closure for the 2016 Great Race Start Celebration at the Rafael Film Center on Wednesday, June 15th, 2016 from 6:00 p.m. – 9:00 p.m. on Fourth Street Between A Street and B Street (ED) – File 11-19 x 4-3-592 Great Race Special Event St. Closure 3 RESOLUTION 14102 – RESOLUTION AUTHORIZING A STREET CLOSURE FOR THE 2016 GREAT RACE START CELEBRATION AT THE RAFAEL FILM CENTER ON WEDNESDAY, JUNE 15TH, 2016 FROM 6:00 P.M. – 9:00 P.M. ON FOURTH STREET BETWEEN A STREET AND B STREET j. Resolution Authorizing Closure of Downtown City Streets; Fourth Street from Lootens to D Street, Fifth Avenue from Court to D Street, A and C Street from Third Street to Mission Avenue, B and D Streets from Third Street to Fifth Avenue for the 18th Annual San Rafael Sunset Criterium on Saturday, July 30th, 2016 from 11:00 a.m. to 10:00 p.m. (ED) – File 11-19 Sunset Criterium St. Closure RESOLUTION 14103 – RESOLUTION AUTHORIZING CLOSURE OF DOWNTOWN CITY STREETS; FOURTH STREET FROM LOOTENS TO D STREET, FIFTH AVENUE FROM COURT TO D STREET, A AND C STREET FROM THIRD STREET TO MISSION AVENUE, B AND D STREETS FROM THIRD STREET TO FIFTH AVENUE FOR THE 18TH ANNUAL SAN RAFAEL SUNSET CRITERIUM ON SATURDAY, JULY 30TH, 2016 FROM 11:00 A.M. TO 10:00 P.M. k. Resolution Approving the Notice of Intent for Vacation of an Existing Three (3) Foot Wide Public Utility Easement Affecting 61, 67, 73 and 81 Martens Blvd, APN 012-194-01, 012-194- 12 , 012-194-13, and 012-194-14, San Rafael California (PW) – File 2-4-41 Vacate Easement on Martens Blvd. RESOLUTION 14104 – RESOLUTION APPROVING THE NOTICE OF INTENT FOR VACATION OF AN EXISTING THREE (3) FOOT WIDE PUBLIC UTILITY EASEMENT AFFECTING 61, 67, 73 AND 81 MARTENS BLVD, APN 012-194-01, 012-194-12 , 012-194-13, AND 012-194-14, SAN RAFAEL CALIFORNIA l. Resolution Accepting the Annual Traffic Mitigation Fee Report and Approving the Determination that a Reasonable Relationship Exists Between the Current Need for Traffic Mitigation Fees Held Over Five Years and the Purposes for Which They Were Originally Collected (PW) – File 9-10-2(1) x 9-3-40 Annual Traffic Mitigation Fee Report RESOLUTION 14105 – RESOLUTION ACCEPTING THE ANNUAL TRAFFIC MITIGATION FEE REPORT AND APPROVING THE DETERMINATION THAT A REASONABLE RELATIONSHIP EXISTS BETWEEN THE CURRENT NEED FOR TRAFFIC MITIGATION FEES HELD OVER FIVE YEARS AND THE PURPOSES FOR WHICH THEY WERE ORIGINALLY COLLECTED AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None d. Second Reading and Final Adoption of Ordinance No. 1938 - 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 Amendment Mayor Phillips 4 Rebecca Woodbury, Senior Management Analyst, presented the staff report Mayor Phillips invited public comment Michael Mullins, Digital Ciggz Daniel Bacon Mayor Phillips Bob Curry, Marin County Health and Human Services Jane Levinson Elizabeth Emerson, Smoke Free Marin Coalition There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember McCullough / Robert Epstein Councilmember McCullough Councilmember Bushey / Rebecca Woodbury Councilmember McCullough / Rebecca Woodbury Councilmember Gamblin / Rebecca Woodbury Councilmember Gamblin / Rebecca Woodbury Councilmember Colin / Rebecca Woodbury Councilmember Gamblin / Rebecca Woodbury Councilmember Gamblin / Rebecca Woodbury Councilmember Colin Councilmember Bushey Mayor Phillips Councilmember Colin Councilmember Bushey moved and Councilmember Gamblin seconded to approve final adoption of Ordinance No. 1938 Approved final adoption of Ordinance No. 1938 AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: Colin & McCullough ABSENT: Councilmembers: None 5 PUBLIC HEARING: 4. Public Hearing: a. Consideration of an Ordinance of the City of San Rafael Amending Chapter 8.19 of the San Rafael Municipal Code Entitled “Social Host Ordinance” By Extending it to Apply to Loud and Unruly Parties Where Controlled Substances are Served to, Possessed by, or Ingested by Underage Persons (PD) – File 13-1 x 9-3-30 Social Host Ordinance Amendment Captain Glenn McElderry presented the staff report Councilmember McCullough / Captain McElderry Councilmember McCullough / Captain McElderry Mayor Phillips declared the public hearing opened; however, there was no public comment Councilmember Colin The title of the ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED “SOCIAL HOST ORDINANCE” BY EXTENDING IT TO APPLY TO LOUD AND UNRULY PARTIES WHERE CONTROLLED SUBSTANCES ARE SERVED TO, POSSESSED BY, OR INGESTED BY UNDERAGE PERSONS Councilmember Colin moved and Councilmember McCullough seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1939 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Mayor Phillips OTHER AGENDA ITEMS: 5. Other Agenda Items: a. San Rafael Budget – Fiscal Years 2015-2016 and 2016-2017 (Fin) – File 8-5 1) Fiscal Year 2015-2016 Second Interim Financial Update 2) Resolution Adopting Amendments to the 2015-2016 Budget 3) Fiscal Year 2016-2017 Operating Budget Preview City Budget Mark Moses, Finance Director, presented the staff report pertaining to fiscal year 2015-2016 6 Councilmember McCullough / Mark Moses Mayor Phillips / Mark Moses Mark Moses presented the staff report pertaining to fiscal year 2016-2017 Mayor Phillips / Mark Moses Mayor Phillips / Mark Moses Councilmember Bushey Mayor Phillips Councilmember Gamblin / Mark Moses Mayor Phillips invited public comment; however, there was none Councilmember Colin Councilmember Colin / Mayor Phillips / Robert Epstein Councilmember Colin moved and Councilmember McCullough seconded to accept report for Fiscal Year 2015-2016 Second Interim Financial Update Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution Adopting Amendments to the 2015-2016 Budget Councilmember Gamblin / Councilmember McCullough / Mark Moses RESOLUTION 14106 – RESOLUTION ADOPTING AMENDMENTS TO THE 2015-2016 BUDGET AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember Colin moved and Councilmember McCullough seconded to accept report on Fiscal Year 2016-2017 Operating Budget Preview Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 7 b. City Council Approval of 2016 Homeless Program Goals and Objectives (CM) – File 9-2-67 Homeless Program Goals & Objectives Andrew Hening, Director of Homeless Planning and Outreach, presented the staff report and gave a presentation Mayor Phillips Councilmember McCullough / City Manager Jim Schutz Mayor Phillips Mayor Phillips invited public comment Hugo Landecker Mayor Phillips Daniel Bacon Ruth Vosmek / Mayor Phillips John Reynolds Cia Byrnes, Ritter Center Executive Director Clair Krebsbach Benjamin LeRoy Mr. Black Beth Cook Joan Brown, Volunteer REST program Jackie Tackaberry David Jason Robinson Tim Park Katrina King Brigid Hook Suni Lee Dean DiGiovanni 8 Rosie Sharon Jackson Colin McDonald Frank Egger, Fairfax Speaker Jacqueline Janson Pam Scoggins Logan McDonnell, Downtown Streets Team There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Bushey suggested a revision to the Work Plan’s first high priority item under the City focused actions - edit to read: "Assist Ritter Center to relocate; conduct use permit review as required." City Attorney Robert Epstein suggested a modification to Councilmember Bushey's revision to read: "Assist Ritter Center to relocate; consider zoning and use permit options." Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips suggested a modification to the Goals & Objectives under item 2: add neighborhoods and downtown businesses Councilmember McCullough Councilmember Colin Councilmember Gamblin 9 Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to accept report; however, in the next iteration by the subcommittee, the language should be tailored to reflect the suggestion of the City Attorney in order to make it less polarizing: “Assist Ritter Center to relocate; conduct use permit review as required” Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER’S REPORT: 6. City Manager’s Report:  City Manager Jim Schutz reported on Beach Park’s public access Councilmember Gamblin / City Manager Jim Schutz COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 7. Councilmember Reports:  Councilmember Bushey reported that San Rafael sent a letter many months ago addressing the proposed merger. SAN RAFAEL SUCCESSOR AGENCY: 8. Consent Calendar: - None  None ADJOURNMENT – 10:10 p.m. _________________________________ ESTHER C. BEIRNE, City Clerk APPROVED THIS_____DAY____OF_______, 2016 _____________________________________ GARY O. PHILLIPS, Mayor 10