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Home My WebLink AboutCC SA Minutes 2018-03-05 In the Council Chambers of the City of San Rafael, Monday, March 5, 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 City Clerk Lindsay Lara OPEN SESSION – COUNCIL CHAMBERS, CITY HALL – 5:30 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 5:30 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, Nadine Hade Employee Organizations: Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; San Rafael Police M id-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 City Attorney Robert Epstein announced that there was no reportable action in matters considered during Closed Session. OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM • None Mayor Phillips CITY MANAGER’S REPORT: 3. City Manager’s Report • City Manager Jim Schutz introduced Chief of Police Diana Bishop to provide an update on the Police Departments efforts relating to school safety Chief Bishop Mayor Phillips Councilmember Bushey / Chief Bishop City Manager Jim Schutz Mayor Phillips CONSENT CALENDAR: 4. Consent Calendar Items: Kevin Marlatt, Executive Director, Italian Street Painting Marin, commented on item 4.e Mayor Phillips / Kevin Marlatt Eric Lucan, Mike's Bikes, commented on item 4.d Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to approve Consent Calendar Items: a. Approval of Minutes of Special City Council Meeting and City Council /Successor Agency Regular Meeting of February 20, 2018 (CC) SPCC Minutes 2/20/2018 CCSA Minutes 2/20/2018 Approved Minutes as submitted b. Call for Applications to Fill Three Four-Year Terms on the San Rafael Park & Recreation Commission to the End of May 2022 Due to the Expiration of Terms of Ralph Mihan, Stacey Laumann and Eric Holm (CC) – File 9-2-4 Park and Recreation Vacancies Approved staff recommendation c. Resolution of Appreciation for the Citizen of the Year for 2018 (CM) – File 262 x 102 Citizen of the Year RESOLUTION 14470 – CITY OF SAN RAFAEL RICHARD P. O’BRIEN AND MARY FERRARIO O’BRIEN CITIZEN OF THE YEAR AWARD d. Resolution Authorizing Closure of Downtown City Streets for the 20th Annual San Rafael Sunset Criterium on Saturday, July 28, 2018 from 11:00 a.m. to 10:00 p.m. (ED) – File 11-19 Sunset Criterium Road Closure RESOLUTION 14471 – RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING CLOSURE OF DOWNTOWN CITY STREETS FOR THE 20TH ANNUAL SAN RAFAEL SUNSET CRITERIUM ON SATURDAY, JULY 28TH, 2018 FROM 11:00 AM TO 10:00 PM e. Resolution Authorizing Street Closures for the Italian Street Painting Marin Event at 8 a.m. June 20, 2018 Through 4:00 p.m. June 25, 2018 (ED) – File 11-19 Italian Street Painting Road Closure RESOLUTION 14472 – RESOLUTION AUTHORIZING STREET CLOSURES FOR THE ITALIAN STREET PAINTING MARIN EVENT AT 8 AM JUNE 20, 2018 THROUGH 4 PM JUNE 25, 2018 f. Resolution Accepting the Measure ‘E’ Transactions and Use Tax Oversight Committee Report for Fiscal Year 2016-2017 (Fin) – File 9-2-68 Measure E Oversight Committee Report RESOLUTION 14473 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE MEASURE ‘E’ TRANSACTIONS AND USE TAX OVERSIGHT COMMITTEE REPORT FOR FISCAL YEAR 2016-2017 g. Appointment of Lindsay Lara to the Unexpired Five-Year Term of the Office of City Clerk that Will Expire December 7, 2020 (HR) – File 9-3-14 x 7-3-2 City Clerk Appointment Approved staff recommendation h. Resolution Accepting the Annual Traffic Mitigation Fee Report and Determining 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 Traffic Mitigation Fees RESOLUTION 14474 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE ANNUAL TRAFFIC MITIGATION FEE REPORT AND DETERMINING 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 i. Resolution Authorizing the City Manager to Execute an Amendment to the Construc tion Contract with Ghilotti Bros., Inc. for the Manuel T. Freitas Parkway / Las Gallinas Avenue Intersection Improvements Project, and the Freitas/Los Gamos Intersection Improvements Project, City Project No. 11171, to Expand the Scope of Work, and Increasing the Project Budget for the Additional Work in an Amount Not to Exceed $85,000 (PW) – File 4-1-695 Freitas-Las Gallinas & Los Gamos Intersection Improvements RESOLUTION 14475 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONSTRUCTION CONTRACT WITH GHILOTTI BROS., INC. FOR THE MANUEL T. FREITAS PARKWAY/LAS GALLINAS AVENUE INTERSECTION IMPROVEMENTS PROJECT, AND THE FREITAS/LOS GAMOS INTERSECTION IMPROVEMENTS PROJECT, CITY PROJECT NO. 11171, TO EXPAND THE SCOPE OF WORK, AND INCREASING THE PROJECT BUDGET FOR THE ADDITIONAL WORK j. Accept Completion of the Demolition for the New Public Safety Center – (City Project No. 11291), and Authorize the City Clerk to File the Notice of Completion (PW) – File 4-1-710 x 12-22 Demolition Public Safety Center Completion Approved staff recommendation AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATION: 5. Special Presentation a. Administration of Oath of Office to Lindsay Lara, City Clerk Mayor Phillips administered the Oath of Office to Lindsay Lara, City Clerk Lindsay Lara b. Presentation of Resolution of Appreciation to the Citizen of the Year for 2018 Mayor Phillips presented the Citizen of the Year to Andy Bachich Andy Bachich PUBLIC HEARING: 6. Public Hearings: d. Resolution Approving Documents and Actions in Connection with the Issuance of Lease Revenue Bonds of the San Rafael Joint Powers Financing Authority in an Amount Not to Exceed $55,000,000 to Finance Certain Public Capital Improvements (Fin) – File 2-9-31 x 12-22 Essential Facilities Bonds Mark Moses, Finance Director, presented the staff report Mayor Phillips Mayor Phillips declared the public hearing opened, however, there being no comment from the audience, Mayor Phillips closed the public hearing Mayor Phillips Councilmember Gamblin Councilmember Gamblin moved and Councilmember Colin seconded to adopt the resolution RESOLUTION 14476 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS OF THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY IN AN AMOUNT NOT TO EXCEED $55,000,000 TO FINANCE CERTAIN PUBLIC CAPITAL IMPROVEMENTS AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None a. Public Hearing to Consider Draft Maps Showing Alternatives for the Establishment of City Voting Districts (CA) – File 9-4 (District Elections) District Elections Mayor Phillips City Attorney Robert Epstein introduced Douglas Johnson, National Demographics, Inc., who presented the staff report Douglas Johnson, Demographer Mayor Phillips / Douglas Johnson Mayor Phillips / Douglas Johnson Mayor Phillips / Douglas Johnson Mayor Phillips / Douglas Johnson Councilmember Gamblin / Douglas Johnson City Attorney Robert Epstein Mayor Phillips / City Manager Jim Schutz Mayor Phillips Mayor Phillips invited public comment: Gabriel Mayor Phillips Councilmember Bushey Christopher Skinnell, Nielsen Merksamer City Attorney Robert Epstein / Christopher Skinnell Mayor Phillips Douglas Johnson Gabriel Mayor Phillips Stephanie Plante Mayor Phillips / Stephanie Plante Mayor Phillips / Stephanie Plante Councilmember Gamblin / Stephanie Plante Mayor Phillips / Stephanie Plante Mayor Phillips / Stephanie Plante Douglas Johnson Joanne Webster, San Rafael Chamber of Commerce Mayor Phillips / Joanne Webster Councilmember Colin / Joanne Webster / Stephanie Plante Councilmember McCullough / Joanne Webster Councilmember McCullough / Joanne Webster Councilmember McCullough / Joanne Webster Douglas Johnson Paul Cohen Douglas Johnson Paul Cohen Douglas Johnson Paul Cohen / Christopher Skinnell Paul Cohen Mayor Phillips Joanne Webster Bonnie Marmor Mayor Phillips Councilmember McCullough / Bonnie Marmor Councilmember McCullough Sara Jensen Olivia Beltran / Mayor Phillips Mayor Phillips / Christopher Skinnell Mayor Phillips / Christopher Skinnell Mayor Phillips / Christopher Skinnell Keith Granger Jim Geraghty Jonathan Frieman Lori Schifrin / Mayor Phillips Lori Schifrin / Mayor Phillips Ross Bishop, Spinnaker Point Mayor Phillips declared the public hearing closed Mayor Phillips / Christopher Skinnell / Douglas Johnson / City Manager Jim Schutz Mayor Phillips Christopher Skinnell Mayor Phillips Christopher Skinnell City Manager Jim Schutz Councilmember McCullough / Christopher Skinnell City Attorney Robert Epstein / Christopher Skinnell Mayor Phillips / City Manager Jim Schutz Mayor Phillips / Councilmember Colin Mayor Phillips / Councilmember Colin Mayor Phillips b. Resolution: (ED) – File 9-4 x 287 1) Calling a Special Municipal Election to be Held on Tuesday June 5, 2018; 2) Ordering the Submission of a Proposition of Levying a Special Commercial Cannabis Business Tax to the Qualified Voters of the City of San Rafael at the Special Municipal Election to be Held on June 5, 2018; 3) Requesting Consolidation with any Other Election Conducted on the Same Date; 4) Requesting Election Services by the County Clerk; 5) Requesting the City Attorney to Prepare an Impartial Analysis of the Measure; and 6) Setting the Initial Cannabis Business Tax Rates Should the Proposed Ballot Measure Pass on June 5, 2018 Cannabis Business Tax Danielle O'Leary, Director of Economic Development and Innovation, presented the staff report Councilmember Colin / Danielle O'Leary / City Manager Jim Schutz Councilmember Colin Mayor Phillips City Manager Jim Schutz Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Danielle O'Leary Mayor Phillips Councilmember Bushey / Danielle O'Leary Councilmember Bushey Danielle O'Leary Councilmember Bushey Mayor Phillips Mayor Phillips declared the public hearing opened George Bianchini Nurit Raphael, Founder of ONA.life Nicole Skibola, Cosmic View Owner Mayor Phillips Mayor Phillips declared the public hearing closed Danielle O'Leary City Manager Jim Schutz Mayor Phillips City Attorney Robert Epstein Mayor Phillips / Danielle O'Leary City Attorney Robert Epstein Mayor Phillips / City Manager Jim Schutz / Danielle O'Leary City Manager Jim Schutz Mayor Phillips City Attorney Robert Epstein Councilmember Colin City Attorney Robert Epstein Councilmember Bushey Mayor Phillips / Councilmember Bushey Mayor Phillips Councilmember Bushey / Danielle O'Leary Councilmember Bushey / Danielle O'Leary Councilmember Bushey / Danielle O'Leary Mayor Phillips / City Manager Jim Schutz City Attorney Robert Epstein / Mayor Phillips / Councilmember Colin / Danielle O'Leary Mayor Phillips / City Attorney Robert Epstein City Manager Jim Schutz Mayor Phillips City Attorney Robert Epstein Councilmember Colin moved and Councilmember Gamblin seconded to adopt the resolution with modifications to the ballot language: “To maintain/enhance City of San Rafael services, with funding that cannot be taken by Sacramento, including: enhancing police and fire services, repairing potholes/maintaining streets, enhancing community centers, and administering a cannabis oversight program; shall the City of San Rafael’s ordinance levying, until repealed, a tax of up to 8% on cannabis (marijuana) businesses’ gross receipts in the city, eventually ramping up to approximately $1,000,000 in new funding annually,requiring independent citizen oversight and financial audits be adopted?” and amending the resolution to request election services by the ‘Registrar of Voters’. RESOLUTION 14477 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY JUNE 5, 2018; AND 2) ORDERING THE SUBMISSION OF A PROPOSITION OF LEVYING A SPECIAL COMMERCIAL CANNABIS BUSINESS TAX TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2018; AND 3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 4) REQUESTING ELECTION SERVICES BY THE REGISTRAR OF VOTERS; 5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AND 6) SETTING THE INITIAL CANNABIS BUSINESS TAX RATES SHOULD THE PROPOSED BALLOT MEASURE PASS ON JUNE 5, 2018. AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None c. Consideration of an Ordinance of the City of San Rafael City Council Amending San Rafael Municipal Code (SRMC) Title 14 – Zoning, Specifically Amending Selected Chapters and Sections to Incorporate Zoning Regulations for Cannabis Uses, Including: 1) Add Definitions (SRMC 14.03), Land Use Provisions (SRMC 14.05 and 14.06) and Parking Requirements (SRMC 14.18) for Cannabis Businesses Within the City Limits, Specifically Medical Cannabis Delivery, Medical Cannabis Product Infusion, and Cannabis Testing/Lab Uses; 2) Prohibit All Other Medicinal and Adult Use Cannabis Businesses, Including Cultivation (SRMC 14.16 and 14.13); and 3) Update the Home Occupation Standards and Site and Use Standards (SRMC 14.16) to Reflect the Proposed Cannabis Regulations (CD) – File 10-1 x 287 Cannabis Zoning Raffi Boloyan, Planning Manager, presented the staff report Mayor Phillips Councilmember McCullough / Danielle O'Leary Councilmember Colin Mayor Phillips declared the public hearing opened George Bianchini, Amy Reid, Nurit Raphael There being no further comment from the audience, Mayor Phillips declared the public hearing closed Danielle O'Leary Raffi Boloyan The title of the ordinance was read: ORDINANCE 1955 - ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL MUNICIPAL CODE (SRMC) TITLE 14 – ZONING, SPECIFICALLY AMENDING SELECTED CHAPTERS AND SECTIONS TO INCORPORATE ZONING REGULATIONS FOR CANNABIS USES, INCLUDING: 1) ADD DEFINITIONS (SRMC 14.03), LAND USE PROVISIONS (SRMC 14.05 AND 14.06) AND PARKING REQUIREMENTS (SRMC 14.18) FOR CANNABIS BUSINESSES WITHIN THE CITY LIMITS, SPECIFICALLY MEDICAL CANNABIS DELIVERY, MEDICAL CANNABIS PRODUCT INFUSION, AND CANNABIS TESTING/LAB USES; 2) PROHIBIT ALL OTHER MEDICINAL AND ADULT USE CANNABIS BUSINESSES, INCLUDING CULTIVATION (SRMC 14.16 AND 14.13); AND 3) UPDATE THE HOME OCCUPATION STANDARDS AND SITE AND USE STANDARDS (SRMC 14.16) TO REFLECT THE PROPOSED CANNABIS REGULATIONS Councilmember Colin 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. 1955 by the following vote to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 7. Other Agenda Items: a. Resolution Approving the San Rafael General Plan 2040 Work Program and Budget (CD) – File 115 (2040) General Plan Work Program Paul Jensen, Community Development Director, commented on the item and introduced Barr y Miller, Project Planner, who presented the staff report Barry Miller Mayor Phillips Councilmember Bushey Councilmember Colin / Paul Jensen Councilmember Colin / Barry Miller Councilmember Colin / Barry Miller Councilmember Colin / Barry Miller Councilmember Colin Mayor Phillips / Paul Jensen Mayor Phillips Mayor Phillips invited public comment; however, there was none Councilmember Colin moved and Councilmember Bushey seconded to adopt the resolution RESOLUTION 14478 – RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE SAN RAFAEL GENERAL PLAN 2040 WORK PROGRAM AND BUDGET (CITY FILE NOS: GPA16-001 & P16-013) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Informational Report Regarding Implementation of New Parking Time Limits in Both the Residential and Commercial Sections of East San Rafael (PS) – File 9-3-87 East San Rafael Parking Jim Myhers, Parking Services Manager, presented the staff report Councilmember McCullough / Jim Myhers Councilmember McCullough / Jim Myhers Councilmember McCullough / Jim Myhers Councilmember Gamblin / Jim Myhers / City Manager Jim Schutz Councilmember Gamblin / Jim Myhers Councilmember Gamblin / Jim Myhers Councilmember Gamblin Mayor Phillips Mayor Phillips invited public comment Stephanie Plante Mayor Phillips / Stephanie Plante Mayor Phillips Joanne Webster Mayor Phillips / Charmine Solla, Deputy Public Works Director Mayor Phillips / Charmine Solla Mayor Phillips / Joanne Webster Kate Sprig Mayor Phillips / Kate Sprig Ross Bishop, Spinnaker Point Mayor Phillips / Jim Myhers Judy Mayne There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember McCullough moved and Councilmember Colin seconded to accept the report and encouraged staff to work with stakeholders in the community AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: 8. Councilmember Reports: • Councilmember Colin attended a Marin Transit Meeting SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None ADJOURNMENT: Mayor Phillips adjourned the meeting at 10:50 pm _________________________________ LINDSAY LARA, City Clerk APPROVED THIS _____ DAY OF_______, 2018 _____________________________________ GARY O. PHILLIPS, Mayor