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Home My WebLink AboutCC SA Minutes 2018-09-04 1 In the Council Chambers of the City of San Rafael, Tuesday, September 4, 2018 at 7:00 p.m. Regular Meeting San Rafael City Council Minutes How to participate PDF 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 – 6:00 PM 1. Mayor Phillips announced the Closed Session item. CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM, CITY HALL - 6:00 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, Lauren Monson, Nadine Hade, Christopher Gray, Diana Bishop Employee Organizations: San Rafael Police Association; San Rafael Firefighters’ Association; San Rafael Police Mid-Management Association; San Rafael Fire Chief Officers’ Association City Attorney Robert Epstein announced that no reportable action was taken OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM • None. CITY MANAGER'S REPORT: 3. City Manager's Report • City Manager Jim Schutz reported on: o Marinwood Fire Chief services; o San Rafael Pacifics' Championship 2 • Mayor Phillips CONSENT CALENDAR: 4. Consent Calendar Items: Mayor Phillips held item 4.b for comment Mayor Phillips invited public comment; however, there was none. Councilmember McCullough moved and Councilmember Bushey seconded to approve Consent Calendar Items: a. Approval of Minutes Approval of Minutes of City Council / Successor Agency Regular Meetings of August 6, 2018 and August 20, 2018 (CC) Regular Minutes 08-06-2018 Regular Minutes 08-20-2018 Minutes approved as submitted c. Conflict of Interest Code Update Resolution Repealing Resolution No. 14188, Re-Adopting the FPPC Model Conflict of Interest Code as the City's Conflict of Interest Code, and Adopting a Revised List of Designated Employee Positions and Disclosure Categories, to Be Incorporated into the City's Conflict of Interest Code (CC) Conflict of Interest Code Update RESOLUTION 14566 - RESOLUTION REPEALING RESOLUTION NO. 14188, RE- ADOPTING THE FPPC MODEL CONFLICT OF INTEREST CODE AS THE CITY’S CONFLICT OF INTEREST CODE, AND ADOPTING A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY’S CONFLICT OF INTEREST CODE d. Cheryl Lentini Resolution of Appreciation Resolution of Appreciation for Cheryl Lentini for Eight Years of Service on the Design Review Board (CD) RESOLUTION 14567 - RESOLUTION OF APPRECIATION FOR CHERYL LENTINI FOR EIGHT YEARS OF SERVICE ON THE DESIGN REVIEW BOARD e. West End Neighborhood Association Annual Picnic Road Closure Resolution Authorizing Street Closure for the West End Neighborhood Annual Picnic on Sunday, September 16, 2018, on Neame Avenue from Santa Margarita Avenue to West Crescent Drive, From 8 A.M. to 6 P.M. (CS) WENA Annual Picnic Road Closure 3 RESOLUTION 14568 - RESOLUTION AUTHORIZING STREET CLOSURE FOR THE WEST END NEIGHBORHOOD ANNUAL PICNIC ON SUNDAY, SEPTEMBER 16, 2018, ON NEAME AVENUE FROM SANTA MARGARITA AVENUE TO WEST CRESCENT DRIVE, FROM 8 A.M. TO 6 P.M. f. Downtown Business Improvement District Advisory Board Members Resolution Appointing Business Improvement District (BID) Advisory Board Members (ED) Downtown BID Advisory Board Members RESOLUTION 14569 - RESOLUTION APPOINTING BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD MEMBERS g. National Preparedness Month Resolution in Support of National Preparedness Month (FD) National Preparedness Month RESOLUTION 14570 - RESOLUTION IN SUPPORT OF NATIONAL PREPAREDNESS MONTH h. General Fund Update and City-Wide Budget Amendments Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2017-2018 for the Purpose of Confirming Authorized Appropriations and Transfers (FIN) General Fund Update and City-Wide Budget Amendments ACCEPTED REPORT AND ADOPTED RESOLUTION 14571 - RESOLUTION ADOPTING AMENDMENTS TO THE FISCAL YEAR 2017-2018 CITY-WIDE BUDGET FOR THE PURPOSE OF CONFIRMING AUTHORIZED APPROPRIATIONS AND TRANSFERS i. Office of Traffic Safety Grant Approval Resolution Approving Use of State of California Office of Traffic Safety Grant Funds in the Amount of $175,000 for the "Selective Traffic Enforcement Program" ("Step") Grant from October 1, 2018 through September 30, 2019, and Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents Related to the Grant (PD) Traffic Safety Grant Funding RESOLUTION 14572 - RESOLUTION APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $175,000 FOR THE “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM” (“STEP”) GRANT FROM OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT j. Caltrans Local Procedures Resolution Adopting Chapter 10 of the Caltrans Local Assistance Procedures Manual, Entitled "Consultant Selection", as the Process by which the City Retains Architectural 4 and Engineering Consultant Services Related to Federal and State Funded Transportation Projects (PW) Caltrans Local Procedures RESOLUTION 14573 - RESOLUTION ADOPTING CHAPTER 10 OF THE CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL, ENTITLED “CONSULTANT SELECTION”, AS THE PROCESS BY WHICH THE CITY RETAINS ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES RELATED TO FEDERAL AND STATE FUNDED TRANSPORTATION PROJECTS k. 2017 Storm Damage Repair - #70 Irwin Street Resolution Awarding and Authorizing the City Manager to Execute a $1,129,369 Construction Agreement to Valentine Corporation, and Authorizing a Total Appropriated Amount of $1,245,000, for the Repair of 2017 Storm Damage at #70 Irwin Street, Qualifying for FEMA Reimbursement for All but $77,813 in Local Matching Funds (PW) 2017 Storm Damage Repair - #70 Irwin Street RESOLUTION 14574 – RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A $1,129,369 CONSTRUCTION AGREEMENT TO VALENTINE CORPORATION, AND AUTHORIZING A TOTAL APPROPRIATED AMOUNT OF $1,245,000, FOR THE REPAIR OF 2017 STORM DAMAGE AT #70 IRWIN STREET, QUALIFYING FOR FEMA REIMBURSEMENT FOR ALL BUT $77,813 IN LOCAL MATCHING FUNDS AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None The following item was removed from the Consent Calendar: b. ADA Access Advisory Committee Vacancies Call for Applications to Fill Four, Four-Year Terms on the San Rafael ADA Access Advisory Committee, to the End of October 2022, Due to the Expiration of Terms of Frederic Divine, Gladys Gilliland, Eric Holm and Rob Simon (CC) ADA Access Advisory Committee Vacancies Mayor Phillips Councilmember McCullough / Mayor Phillips Mayor Phillips invited public comment; however, there was none. Councilmember McCullough moved and Councilmember Bushey seconded to approve staff recommendation Approved staff recommendation 5 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATIONS: 5. Special Presentations: a. Presentation of Resolution of Appreciation to Cheryl Lentini for Eight Years of Service on the Design Review Board Mayor Phillips presented the Resolution of Appreciation to Cheryl Lentini Cheryl Lentini b. Presentation of Resolution Supporting National Preparedness Month Mayor Phillips presented the Resolution of Support to Quinn Gardner, Emergency Management Coordinator Quinn Gardner Mayor Phillips OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Transit Center Update Informational Update from Golden Gate Bridge, Highway and Transportation District Regarding the New Downtown San Rafael Transit Center (PW) Transit Center Update Transit Center Update Presentation Mayor Phillips Bill Guerin, Public Works Director, introduced Adam Dankberg, Kimley-Horn, who presented the staff report Mayor Phillips Adam Dankberg Mayor Phillips Mayor Phillips / City Manager Jim Schutz Mayor Phillips 6 Councilmember Colin / Adam Dankberg Councilmember Colin Councilmember McCullough / Adam Dankberg Councilmember McCullough / Adam Dankberg Councilmember McCullough / Adam Dankberg Mayor Phillips Mayor Phillips invited public comment Cynthia Landecker, San Rafael Heritage Justin Barnette San Rafael business owner David Shonebrun Leslie Simmons Richard Bernstein, Federation of San Rafael Neighborhoods Mayor Phillips Bill Carney, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public comment period Mayor Phillips / Adam Dankberg Mayor Phillips / Adam Dankberg Mayor Phillips Councilmember Gamblin / Adam Dankberg Councilmember Gamblin / Dennis Mulligan, Golden Gate Bridge Highway and Transportation District General Manager Councilmember Gamblin / Dennis Mulligan Councilmember McCullough / Dennis Mulligan 7 Mayor Phillips / Dennis Mulligan Mayor Phillips Councilmember Bushey City Manager Jim Schutz / Adam Dankberg Mayor Phillips / Adam Dankberg Mayor Phillips Councilmember Bushey moved and Councilmember Colin seconded to accept the report ACCEPTED REPORT AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS: 7. Public Hearings: a. Appeal of Approved 88-Bed Assisted Living Facility (800 Mission Avenue) Resolution Denying an Appeal (AP18-002) and Upholding the Planning Commission's July 10, 2018 Conditional Approval of a Use Permit (UP17-030) and an Environmental and Design Review Permit (ED17-090) to Allow the Construction of a New, 88-Bed, Assisted Living Facility with Garage Parking Spaces and Associated Site Improvements (Grading, Drainage and Landscaping) on Two Vacant Downtown Lots Located at 800 Mission Ave. (Formerly 1203 and 1211 Lincoln Ave.; APNs: 011-184-08 & -09) (CD) Appeal of Approved 88-Bed Assisted Living Facility - 800 Mission Avenue Correspondence for 800 Mission Avenue 800 Mission Avenue Presentation Paul Jensen, Community Development Director, introduced Senior Planner Steve Stafford who would present the staff report Mayor Phillips Councilmember McCullough / Steve Stafford / City Attorney Robert Epstein Mayor Phillips invited the appellant and applicant to present Brandy Wilson, Appellant Mayor Phillips 8 Tom Monahan, on behalf of the Applicant Walter Brown, Aegis Living Tom Monahan Mayor Phillips invited public comment James Wilson, 820 Mission Condo Unit Homeowners Association Vice President Jill Seida, 820 Mission Condo Unit Homeowners Association Treasurer George Huff Hayndon Garl Jack Fritz David Shonebraun John Reynolds Sparky Spaeth, Age-Friendly San Rafael Margie Cuitti Linda Jackson, Aging Action Initiative Frank Pereira Sondra Van Metre Jack Bazler Dr. Robert Eyler, Marin Economic Forum Mike Van Meter Bruce Carlson Lee Ann Wise Bill Dipman Stephanie Plante Kay Karchevski, President of San Rafael Hill Neighborhood Association 9 There being no further comment from the audience, Mayor Phillips closed the public comment period Mayor Phillips / Paul Jensen Mayor Phillips Councilmember Colin / Paul Jensen Councilmember Colin Councilmember Bushey Councilmember Gamblin Councilmember McCullough Mayor Phillips Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14575 - RESOLUTION DENYING AN APPEAL (AP18-002) AND UPHOLDING THE PLANNING COMMISSION’S JULY 10, 2018 CONDITIONAL APPROVAL OF A USE PERMIT (UP17-030) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-090) TO ALLOW THE CONSTRUCTION OF A NEW, 88-BED, ASSISTED LIVING FACILITY WITH GARAGE PARKING SPACES AND ASSOCIATED SITE IMPROVEMENTS (GRADING, DRAINAGE AND LANDSCAPING) ON TWO VACANT DOWNTOWN LOTS LOCATED AT 800 MISSION AVE. (FORMERLY 1203 AND 1211 LINCOLN AVE.; APN’S: 011-184-08 & -09) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS (continued): 8. Other Agenda Items: a. San Rafael Police Association Memorandum of Understanding Resolution Establishing the Memorandum of Understanding Between the City and San Rafael Police Association Pertaining to Compensation and Working Conditions (July 1, 2018 through June 30, 2020) (HR) San Rafael Police Association MOU Cristine Alilovich, Assistant City Manager, presented the staff report Mayor Phillips 10 Mayor Phillips invited public comment; however, there was none. Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14576 - RESOLUTION ESTABLISHING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL POLICE ASSOCIATION PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2018 THROUGH JUNE 30, 2020) AYES: Councilmembers: Bushey, Colin, Gamblin & Mayor Phillips NOES: Councilmembers: McCullough ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: 9. Councilmember Reports: o None. SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: - None. ADJOURNMENT: Mayor Phillips adjourned the City Council meeting. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2018 _____________________________________ GARY O. PHILLIPS, Mayor