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HomeMy WebLinkAboutCC SA Minutes 2018-01-16 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Tuesday, January 16, 2018 Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice Mayor Gamblin Councilmember Bushey Councilmember Colin Councilmember McCullough Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein Interim City Clerk Lindsay Lara OPEN SESSION – COUNCIL CHAMBERS, CITY HALL – 6:15 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 6:15 PM 2. Closed Session: a. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(d)(2): Significant Exposure to Litigation (Two potential cases) • City Attorney Robert Epstein announced that no reportable action was taken Mayor Phillips OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM Lois Tucker addressed Council regarding LED street lights Suzanne Delmas addressed Council regarding Elder abuse and embezzlement Chaudry Ali addressed Council regarding taxi parking at the Transit Center Mayor Phillips Patrick Schild addressed Council regarding taxi parking at the Transit Center Michael Toomey addressed Council regarding taxi parking at the Transit Center 2 Lucinda Daniel addressed Council regarding taxi parking at the Transit Center Alezz Laielen addressed Council regarding LED street lights Marian MacMillan addressed Council regarding LED street lights Lars Kornbrink addressed Council regarding taxi parking at the Transit Center Len Silva addressed Council regarding LED street lights Alezz Laielen addressed Council regarding sidewalk design for the Southern Heights Bridge CITY MANAGER’S REPORT: 3. City Manager’s Report • City Manager Jim Schutz: o Announced Latino Civic Leadership Initiative Pop-up Event tomorrow, Wednesday, January 17 from 5-8 p.m. at the San Rafael Community Center; and o Invited Public Works Director Bill Guerin to provide a report on LED street lights Public Works Director Bill Guerin Mayor Phillips / Bill Guerin OTHER AGENDA ITEMS: 4. Other Agenda Items: a. Appointment of Interim City Clerk; Adoption of Resolution Amending and Restating Compensation and Working Conditions for the Elected City Clerk and Elected Part Time City Attorney (July 1, 2016 Through June 30, 2018); and Call for Applications for City Clerk to Fill the Unexpired Five-Year Term that will End December 7, 2020 (HR) – File 9-3-14 x 7- 3-2 City Clerk Position Stacey Peterson, Human Resources Director, presented the staff report Mayor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to approve staff recommendation and adopt the Resolution RESOLUTION 14447 – RESOLUTION AMENDING AND RESTATING COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART TIME CITY ATTORNEY (JULY 1, 2016 THROUGH JUNE 30, 2018) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 3 CONSENT CALENDAR: 5. Consent Calendar Items: Item 5.g removed from the Consent Calendar Mayor Phillips invited public comment; however, there was none Councilmember Colin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of City Council /Successor Agency Regular Meetings of December 4 and December 18, 2017 (CC) Minutes 12/04/2017 Minutes 12/18/2017 Approved Minutes as submitted b. Call for Applications to Fill One Unexpired Four-Year Term on the Board of Library Trustees, to the End of April 2021, Due to the Resignation of Carol Manashil (CC) – File 9-2-3 Library Board Vacancy Approved staff recommendation c. Call for Applications to Fill One Unexpired Four-Year Term on the Citizens Advisory Committee on Economic Development and Affordable Housing to the End of June 2021, Due to the Resignation of Gordon Manashil (CC) – File 9-2-65 CAC Vacancy Approved staff recommendation d. Call for Applications for a Member of the Public to Fill One City of San Rafael Advisory Member Position on the Marin County Solid Waste Joint Powers Authority (Zero Waste Marin) Local Task Force (CM) – File 4-13-96A Solid Waste JPA Task Force Vacancy Approved staff recommendation e. Sales Tax Audit and Consultation (Fin): - File 4-10-318 x 8-1 1) Resolution Approving and Authorizing the City Manager to Execute an Agreement with Hinderliter de Llamas and Associates for Sales Tax and Transaction and Use Tax Audits and Information Services; and 2) Resolution Designating Persons and Entities Authorized to Examine City Sales Tax and Transactions and Use Tax Records Sales Tax Audit Consulting RESOLUTION 14448 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES FOR SALES TAX AND TRANSACTION AND USE TAX AUDITS AND INFORMATION SERVICES 4 RESOLUTION 14449 – RESOLUTION DESIGNATING PERSONS AND ENTITIES AUTHORIZED TO EXAMINE CITY SALES TAX AND TRANSACTIONS AND USE TAX RECORDS f. Resolution Authorizing the Library Director to Accept a Buck Family Foundation Grant In the Amount of $5,000 (Lib) – File 9-3-61 Buck Family Foundation Grant RESOLUTION 14450 – RESOLUTION AUTHORIZING THE LIBRARY DIRECTOR TO ACCEPT A BUCK FAMILY FOUNDATION GRANT IN THE AMOUNT OF $5,000 h. Second Reading and Final Adoption of Ordinance No. 1950 – An Ordinance of the City Council of the City of San Rafael Amending Chapter 8.19 of the San Rafael Municipal Code to Apply to Additional Private Property and Consumption of Marijuana by Underage Persons, and Adding Provisions for Requiring Participation by Offenders in a Restorative Justice Program (PD) – File 13-1 x 9-3-30 Social Host Ordinance ORDINANCE NO. 1950 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.19 OF THE SAN RAFAEL MUNICIPAL CODE TO APPLY TO ADDITIONAL PRIVATE PROPERTY AND CONSUMPTION OF MARIJUANA BY UNDERAGE PERSONS, AND ADDING PROVISIONS FOR REQUIRING PARTICIPATION BY OFFENDERS IN A RESTORATIVE JUSTICE PROGRAM i. Second Reading and Final Adoption of Ordinance No. 1951 – An Ordinance of the City Council of the City of San Rafael Amending Title 5 of the City of San Rafael Municipal Code to Add New Chapter 5.38 Related to Traffic Safety Rules for the Use of Medians (PD) – File 11-34 x 9-3-30 Medians Ordinance ORDINANCE NO. 1951 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 5 OF THE CITY OF SAN RAFAEL MUNICIPAL CODE TO ADD NEW CHAPTER 5.38 RELATED TO TRAFFIC SAFETY RULES FOR THE USE OF MEDIANS j. Resolution Approving the Transfer of Ownership of City Streetlights from the City of San Rafael to the Marin General Services Authority (MGSA), and Delegating Authority to the Public Works Director to Transfer Streetlights to MGSA on an Ongoing Basis (PW) – File 4-13-112 x 4-4-6 Transfer Streelights to MGSA RESOLUTION 14451 – RESOLUTION APPROVING THE TRANSFER OF OWNERSHIP OF CITY STREETLIGHTS FROM THE CITY OF SAN RAFAEL TO THE MARIN GENERAL SERVICES AUTHORITY (MGSA), AND DELEGATING AUTHORITY TO THE PUBLIC WORKS DIRECTOR TO TRANSFER STREETLIGHTS TO MGSA ON AN ONGOING BASIS AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None The following item was removed from the Consent Calendar for comment: 5 g. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Noll & Tam Architects and Planners for a Library Facilities Planning Project (Lib) – File 4-3-674 Library Facilities Planning Process Brad Sears Sarah Houghton, Library Director, presented the staff report Councilmember Bushey Mayor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14452 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NOLL & TAM ARCHITECTS AND PLANNERS FOR A LIBRARY FACILITIES PLANNING PROJECT AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS Continued: 6. Other Agenda Items: a. Consideration of Resolution of Intention to Transition from At-Large Elections to District- Based City Council Elections (CA) – File 9-4 (District Election) District-Based Elections City Attorney Robert Epstein commented on the item and introduced Christopher Skinnell, Nielsen Merksamer Mayor Phillips Councilmember Colin / Christopher Skinnell Mayor Phillips / Christopher Skinnell Councilmember McCullough / Christopher Skinnell Councilmember McCullough / Christopher Skinnell Mayor Phillips invited public comment Olivia Beltran Robert Rubin Jackie Schmidt 6 Stephen Bingham Mayor Phillips John Reynolds There being no further comment from the audience, Mayor Phillips closed the public com ment period Mayor Phillips Mayor Phillips / Christopher Skinnell Mayor Phillips Councilmember Bushey / Christopher Skinnell / City Attorney Rob Epstein City Manager Jim Schutz / Councilmember Bushey Mayor Phillips / Councilmember Bushey Councilmember McCullough Councilmember Colin Councilmember Gamblin Mayor Phillips Councilmember Bushey Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution subject to the revision as discussed RESOLUTION 14453 – RESOLUTION DECLARING ITS INTENTION TO TRANSITION FROM AT- LARGE TO DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE SECTION 10010(E)(3)(A), EFFECTIVE FOR THE NOVEMBER 2020 GENERAL MUNICIPAL ELECTION AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS 7. Public Hearings: a. Resolution Establishing Maximum Rates Collected by Marin Sanitary Service for Ref use and Recyclable Material Collection and Disposal Services, to be Effective Retroactively to January 1, 2018 (CM) – File 4-3-32 MSS Rate Review Cory Bytof, Sustainability Coordinator, presented the staff report 7 Mayor Phillips Mayor Phillips / Cory Bytof Councilmember McCullough / Cory Bytof Councilmember Bushey / Cory Bytof Mayor Phillips declared the public hearing opened Roger Roberts Jerry Belletto, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips declared the public hearing closed Councilmember Colin Mayor Phillips Councilmember McCullough Mayor Phillips Councilmember Gamblin / Councilmember McCullough Mayor Phillips Councilmember Gamblin Mayor Phillips Councilmember Colin Councilmember Colin moved and Councilmember Gamblin seconded to adopt the Resolution taking into consideration the commentary from the dais regarding increased transparency and information. RESOLUTION 14454 – RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE RETROACTIVELY TO JANUARY 1, 2018 AYES: Councilmembers: Bushey, Colin, Gamblin & Mayor Phillips NOES: Councilmembers: McCullough ABSENT: Councilmembers: None b. Consideration of an Ordinance of the City Council of the City of San Rafael Approving, Authorizing and Directing Execution of a Site Lease and a Lease Agreement Relating to the San Rafael Joint Powers Financing Authority Lease Revenue Bonds, Series 2018 (Public Safety Facilities Project) and the Financing of Certain Public Safety Facilities Located in the City (Fin) – File 2-9-31 x 12-22 Lease Revenue Bonds Ordinance 8 Mark Moses, Finance Director, presented the staff report Mayor Phillips Councilmember Bushey / Mark Moses Councilmember Bushey Mayor Phillips Mark Moses Councilmember Gamblin Mayor Phillips declared the public hearing opened Roger Roberts Mayor Phillips There being no further comment from the audience, Mayor Phillips declared the public hearing closed Councilmember McCullough The title of the ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE LEASE AND A LEASE AGREEMENT RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2018 (PUBLIC SAFETY FACILITIES PROJECT) AND THE FINANCING OF CERTAIN PUBLIC SAFETY FACILITIES LOCATED IN THE CITY Councilmember McCullough moved and Councilmember Gamblin seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1952 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None c. Consideration of an Ordinance of the City Council of the City of San Rafael Amending San Rafael Municipal Code Sections 5.40.030 and 5.12.090 Regarding Time-Limited Parking on City Streets (PS) – File 9-3-87 Parking Time Limits Ordinance Parking Services Manager Jim Myhers presented the staff report Mayor Phillips / Jim Myhers Mayor Phillips Councilmember McCullough / Jim Myhers 9 Mayor Phillips Councilmember Colin Councilmember Colin / Jim Myhers Councilmember Colin Mayor Phillips Jim Myhers Mayor Phillips Mayor Phillips declared the public hearing opened Ross Bishop, Director of Parking at Spinnaker Point, Spinnaker Point Board of Directors Mayor Phillips Mark Gainer Mayor Phillips There being no further comment from the audience, Mayor Phillips declared the public hearing closed The title of the Ordinance was read: An Ordinance of the City Council of the City of San Rafael Amending San Rafael Municipal Code Sections 5.40.030 and 5.12.090 Regarding Time-Limited Parking on City Streets Councilmember Bushey 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. 1953 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS Continued: 8. Other Agenda Items: a. Resolution Adopting Medical Cannabis Pilot Program Policies, Practices and Procedures for Administering and Enforcing the Medical Cannabis Pilot Program Set Forth in San Rafael Municipal Code Chapter 10.96, Regulating Commercial Cannabis Activity Within San Rafael City Limits (ED) – File 287 Medical Cannabis Pilot Program Danielle O'Leary, Director of Economic Development and Innovation, presented the staff report Councilmember McCullough / City Attorney Robert Epstein 10 Mayor Phillips / Danielle O'Leary Councilmember McCullough Mayor Phillips / Danielle O'Leary Mayor Phillips / Councilmember Gamblin / Danielle O'Leary Mayor Phillips / Councilmember Colin Mayor Phillips Mayor Phillips / Danielle O'Leary Mayor Phillips City Attorney Robert Epstein Mayor Phillips / City Attorney Robert Epstein Councilmember McCullough / City Attorney Robert Epstein Mayor Phillips invited public comment Nurit Raphael Colleen Ulrich, Innovation Pacific Corporation Mayor Phillips / Colleen Ulrich Councilmember McCullough / Colleen Ulrich Marco Troiani, Digamma Consulting Mayor Phillips / Danielle O'Leary Mayor Phillips Monica Gray Mayor Phillips / Monica Gray Mayor Phillips / Monica Gray Mayor Phillips / Monica Gray Mayor Phillips Colleen Davis Roger Roberts 11 Marc Whitlow Christine Skibola Mayor Phillips / Christine Skibola / Danielle O'Leary Mayor Phillips / Councilmember McCullough / Danielle O'Leary / Christine Skibola Councilmember Gamblin / Danielle O'Leary / Christine Skibola Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary City Manager Jim Schutz Jeffrey Grava There being no further comment from the audience, Mayor Phillips closed the public co mment period City Manager Jim Schutz Mayor Phillips Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Councilmember Colin / Danielle O'Leary 12 Councilmember Colin / Danielle O'Leary Mayor Phillips / Danielle O'Leary City Manager Jim Schutz Mayor Phillips / City Manager Jim Schutz Mayor Phillips / Councilmember Gamblin Mayor Phillips / City Manager Jim Schutz Mayor Phillips / City Manager Jim Schutz / City Attorney Robert Epstein Mayor Phillips / City Attorney Robert Epstein Mayor Phillips Councilmember Colin Mayor Phillips / Councilmember Colin Chief of Police Diana Bishop Mayor Phillips / Chief Bishop Mayor Phillips Councilmember McCullough / City Attorney Robert Epstein Councilmember McCullough / City Attorney Robert Epstein Mayor Phillips / City Attorney Robert Epstein City Manager Jim Schutz Mayor Phillips / City Manager Jim Schutz Councilmember McCullough Councilmember Colin Councilmember McCullough / Councilmember Colin Councilmember Gamblin Mayor Phillips / Councilmember Gamblin Mayor Phillips Councilmember Bushey 13 Mayor Phillips / Councilmember Bushey Councilmember McCullough Mayor Phillips Councilmember McCullough Danielle O'Leary Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution subject to staff's modification and proposed changes from the City Attorney RESOLUTION 14455 – RESOLUTION ADOPTING MEDICAL CANNABIS PILOT PROGRAM POLICIES, PRACTICES AND PROCEDURES FOR ADMINISTERING AND ENFORCING THE MEDICAL CANNABIS PILOT PROGRAM SET FORTH IN SAN RAFAEL MUNICIPAL CODE CHAPTER 10.96, REGULATING COMMERCIAL CANNABIS ACTIVITY WITHIN SAN RAFAEL CITY LIMITS AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. City Council Feedback on Recommendations of the Downtown Parking / Wayfinding Study Final Report (PS) – File 9-3-87 Parking Wayfinding Study Assistant City Manager Cristine Alilovich introduced the item and expressed thanks to the Community Working Group Jim Myhers, Parking Services Manager, presented the staff report along with Community Development Director, Paul Jensen, and Deputy Public Works Director, Charmine Solla Paul Jensen, Community Development Director Charmine Solla, Deputy Public Works Director Jim Myhers Mayor Phillips Councilmember McCullough Councilmember McCullough / Charmine Solla Councilmember McCullough / Charmine Solla Councilmember McCullough / Paul Jensen Councilmember Colin / Paul Jensen Mayor Phillips / Charmine Solla 14 Mayor Phillips / Charmine Solla Councilmember McCullough / City Attorney Robert Epstein Mayor Phillips invited public comment Bill Carney, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public comment period. Councilmember Colin moved and Councilmember Bushey seconded to accept the report Councilmember McCullough Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: 9. Councilmember Reports: • None SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None • None ADJOURNMENT: Mayor Phillips adjourned the meeting at 11:26 p.m. _________________________________ LINDSAY LARA, Interim City Clerk APPROVED THIS_____DAY____OF_______, 2018 _____________________________________ GARY O. PHILLIPS, Mayor