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Home My WebLink AboutCC SA Minutes 2018-05-21 1 In the Council Chambers of the City of San Rafael, Monday, May 21, 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 the 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, Mark Moses, Nadine Hade, Christopher Gray, Diana Bishop Employee Organizations: Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; San Rafael Police Mid-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 no reportable action was taken in closed session OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM • Vicki Sievers, EMS Safety Network, addressed Council regarding wireless communications and exposure to radiation CITY MANAGER’S REPORT: 3. City Manager’s Report • City Manager Jim Schutz reported on the temporary bike path pilot program and announced a community meeting on the Bicycle and Pedestrian Master Plan to be held on Tuesday, May 22, 2018 at 6:00 p.m. at 900 Fifth Avenue, Ste. 100 Mayor Phillips 2 SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation by the California Department of Transportation Regarding the Replacement of the San Rafael Creek Bridge Located at the Highway 101 North Bound Central San Rafael Off-Ramp Kevin McGowan, Assistant Public Works Director, introduced Wajahat Nyaz, Caltrans Regio nal Project Manager, who gave a presentation on the San Rafael Creek Bridge Replacement Project Wajahat Nyaz, Regional Project Manager, Caltrans Councilmember Gamblin / Wajahat Nyaz Wajahat Nyaz Councilmember McCullough / Wajahat Nyaz Councilmember McCullough / Wajahat Nyaz Councilmember McCullough / Wajahat Nyaz Councilmember Colin / Wajahat Nyaz Councilmember Bushey / Wajahat Nyaz Councilmember Bushey / Wajahat Nyaz Councilmember Bushey / Wajahat Nyaz Councilmember Bushey Mayor Phillips Kevin McGowan Mayor Phillips / Kevin McGowan Wajahat Nyaz Mayor Phillips invited public comment Christopher Lang Councilmember McCullough Wajahat Nyaz / Mayor Phillips / Kevin McGowan D.G. Tilton There being no further comment from the audience, Mayor Phillips closed the public comment period 3 CONSENT CALENDAR: 5. Consent Calendar Items: Councilmember Colin moved and Councilmember Bushey seconded to approve Consent Calendar Items a. Approval of Minutes Approval of Minutes of City Council / Successor Agency Regular Meeting of May 7, 2018 (CC) Minutes May 7, 2018 Approved Minutes as submitted b. Animal Control Ordinance First Reading First Reading: Consideration of An Ordinance of the City Council of the City of San Rafael Amending Chapter 6.10 of the San Rafael Municipal Code Entitled "Animals" to Adopt by Reference the Animal Control Regulations Set Forth in Title 8 of the Marin County Code, as Recently Amended, and to Amend Section 6.10.50 of the San Rafael Municipal Code Prescribing the Applicable Penalties for Violation of Animal Control Regulations (CM) Animal Control Ordinance Ordinance 1959 passed to print and Public Hearing set for 06/04/2018 c. Paramedic Tax Rate for Fiscal Year 2018-19 Second Reading and Final Adoption of Ordinance No. 1958 - An Ordinance of the City Council of the City of San Rafael Amending the Paramedic Service Special Tax Rates within the Voter-Approved Limit, Commencing with Fiscal Year 2018-2019, for Residential and Non-Residential Properties in the City of San Rafael, County Service Area No. 13, and County Service Area No. 19. ($95.00 for Residential and $0.132 Per Square Foot for Non - Residential Properties), and for Residential and Non-Residential Properties in the Marinwood Community Services District ($85.00 for Residential and $0.11 Per Square Fo ot for Non-Residential Properties) (Fin) Paramedic Tax Rate Approved final adoption of Ordinance No. 1958 d. Grant Funding for Traffic Control Resolution Accepting a Grant from the Metropolitan Transportation Commission and Authorizing the City Manager to Execute Grant Funding Agreements, Thereby Authorizing the Allocation of $239,171 as a Local Match from the Local Gas Tax Fund and up to $912,535 in Costs That Will Be Reimbursed to the City (PW) Grant Funding for Traffic Control RESOLUTION 14506 – RESOLUTION ACCEPTING A GRANT FROM THE METROPOLITAN TRANSPORTATION COMMISSION AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT FUNDING AGREEMENTS, THEREBY AUTHORIZING THE ALLOCATION OF $239,171 AS A LOCAL MATCH FROM THE LOCAL GAS TAX FUND AND UP TO $912,535 IN COSTS THAT WILL BE REIMBURSED TO THE CITY e. City Hall & Terra Linda Community Center Roof Replacement Project Accept Completion of the City Hall & Terra Linda Community Center Roof Replacement Project (City Project No. 11316), and Authorize the City Clerk to File the Notice of Completion (PW) City Hall and Terra Linda Roof Approved staff recommendation 4 f. Lincoln Avenue Curb Ramps Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers for Engineering Design Services Associated with the Lincoln Avenue Curb Ramps Project, City Project No. 11344, in an Amount Not to Exceed $120,550 (PW) Lincoln Avenue Curb Ramps RESOLUTION 14507 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE LINCOLN AVENUE CURB RAMPS PROJECT, CITY PROJECT NO. 11344, IN AN AMOUNT NOT TO EXCEED $120,550 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS: 6. Public Hearings: a. San Rafael Medical Cannabis Policy (ED) 1) Consideration of An Ordinance of the City Council of the City of San Rafael Amending Chapter 10.96 of the San Rafael Municipal Code Entitled “Medical Cannabis Business” to Authorize an Additional Category of Cannabis Business License within City Limits for Medical Cannabis Distribution 2) Resolution Amending and Restating the Medical Cannabis Business Operator License Pilot Program Policies, Practices, and Procedures Medical Cannabis Policy Danielle O'Leary, Director of Economic Development and Innovation, presented the staff report Councilmember Bushey / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Councilmember McCullough / Danielle O'Leary Councilmember McCullough / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips / Danielle O'Leary Mayor Phillips declared the public hearing opened 5 D.G. Tilton, Mayor Phillips / D.G. Tilton, Nurit Raphael, ONA.life and Marin County Courier Association There being no further comment from the audience, Mayor Phillips declared the public hearing closed Councilmember Gamblin / Danielle O'Leary Councilmember Gamblin / Danielle O'Leary Mayor Phillips Councilmember Gamblin / Danielle O'Leary Mayor Phillips / Danielle O'Leary Councilmember Colin Mayor Phillips Councilmember Colin Mayor Phillips Councilmember Bushey / Councilmember Colin Mayor Phillips Councilmember Colin moved and Councilmember Gamblin seconded to Pass Ordinance 1960 to print ORDINANCE 1960 – ORDINANCE AMENDING CHAPTER 10.96 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED “MEDICAL CANNABIS BUSINESS” TO AUTHORIZE AN ADDITIONAL CATEGORY OF CANNABIS BUSINESS LICENSE WITHIN CITY LIMITS FOR MEDICAL CANNABIS DISTRIBUTION AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember Colin moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION NO. 14508 – RESOLUTION AMENDING AND RESTATING THE MEDICAL CANNABIS BUSINESS OPERATOR LICENSE PILOT PROGRAM POLICIES, PRACTICES, AND PROCEDURES AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 7. Other Agenda Items: a. Capital Improvement Program and Measure A-Open Space Spending Plan Three-Year Capital Improvement Program; Resolution Approving the Measure A - Open Space Work Plan for Fiscal Year 2018-2019; and City-Wide Fiscal Year 2018-2019 Budget Development Timeline (Fin) 6 CIP and Measure A City Manager Jim Schutz made introductory comments on the item Kevin McGowan, Assistant Public Works Director and Talia Smith, Senior Management Analyst, presented the staff report Talia Smith, Senior Management Analyst Kevin McGowan Mayor Phillips Councilmember Gamblin / Kevin McGowan / City Manager Jim Schutz Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Kevin McGowan Councilmember Gamblin Councilmember Colin / Talia Smith Councilmember Colin / Kevin McGowan Councilmember Colin / Kevin McGowan Councilmember Colin Councilmember Colin Councilmember Colin / Kevin McGowan Councilmember Colin Councilmember Colin / Kevin McGowan Councilmember Colin / Talia Smith Councilmember McCullough / Kevin McGowan Councilmember McCullough / Kevin McGowan Mayor Phillips / Kevin McGowan Councilmember Colin / City Manager Jim Schutz / Mayor Phillips Mayor Phillips / Kevin McGowan Mayor Phillips / Kevin McGowan Mayor Phillips invited public comment 7 Denise Jones, Board Director, Loch Lomond Highlands Homeowners Association / Kelly London, President, Loch Lomond Homeowners Association / Mayor Phillips Mayor Phillips Kelly London Mayor Phillips Kevin McGowan Mayor Phillips Christopher Lang There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Gamblin moved and Councilmember McCullough seconded to accept the report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolutio n RESOLUTION 14509 – RESOLUTION APPROVING THE MEASURE A WORK PLAN FOR PROPOSED EXPENDITURE OF MEASURE A FUNDS FOR JULY 1, 2018 – JUNE 30, 2019 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Francisco Blvd. West Multi-Use Pathway Update Regarding Negotiations with SMART and Its Contractor Stacy Witbeck Hertzog for Issuance of a Change-Order to Construct the Multi-Use Path from Andersen Drive to Rice Drive (PW) Francisco Boulevard MUP Public Works Director Bill Guerin presented the staff report Mayor Phillips Bill Guerin Mayor Phillips Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Mayor Phillips 8 Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Mayor Phillips Mayor Phillips invited public comment Kay Karchevski / Mayor Phillips, Bjorn Griepenburg, Policy and Planning Director, Marin County Bicycle Coalition, Christopher Lang, Patrick Seidler, Transportation Alternatives for Marin, Eric Miller, Jean Severinghaus There being no further comment from the audience, Mayor Phillips closed the public comment period Mayor Phillips Bill Guerin Mayor Phillips Councilmember McCullough Mayor Phillips Mayor Phillips / Bill Guerin Mayor Phillips Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin Councilmember Bushey / Bill Guerin 9 Councilmember Bushey / Bill Guerin Mayor Phillips Councilmember Bushey / Mayor Phillips / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Mayor Phillips Councilmember McCullough moved to accept the report and delegate authority to Mayor Phillips and Councilmember Bushey to make the decision by the end of the week, and to consider the feedback provided by staff and the City Council - motion did not receive a second and was lost. Councilmember Colin Councilmember Bushey Councilmember McCullough Mayor Phillips Councilmember Colin Mayor Phillips Councilmember Bushey Councilmember Colin Mayor Phillips Councilmember Colin Councilmember Gamblin Councilmember Bushey Councilmember Gamblin Mayor Phillips Councilmember Gamblin / Mayor Phillips / Councilmember Colin Councilmember Gamblin Mayor Phillips Councilmember McCullough 10 Councilmember Colin Mayor Phillips / Councilmember Colin Councilmember McCullough moved and Councilmember Gamblin seconded to approve the purchase of the steel, subject to information that may be received later that week which would result in Mayor Phillips and Councilmember Bushey to decide that it would not be a prudent course of action. Councilmember Colin Mayor Phillips Councilmember Colin Mayor Phillips 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 reported on: o Transportation Authority of Marin meeting; o Meeting with residents of Spinnaker & Baypoint with Councilmember McCullough; o Marin Latino Leader Luncheon; and o May Mental Health Month Challenge Day SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None ADJOURNMENT: Mayor Phillips adjourned the meeting at 9:38 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2018 _____________________________________ GARY O. PHILLIPS, Mayor