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Home My WebLink AboutCC SA Minutes 2018-11-05 1 In the Council Chambers of the City of San Rafael, Monday, November 5, 2018 Regular Meeting San Rafael City Council Minutes How to participate in your City Council meeting 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 – 5:30 PM 1. Mayor Phillips to announce Closed Session items. CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 5:30 PM 2. Closed Session: a. Conference with Legal Counsel— Anticipated Litigation Government Code Section 54956.9(d)(4)- Initiation of Litigation (Two Potential Cases) b. Conference with Legal Counsel—Existing Litigation Government Code Section 54956.9(d)(1) Name of cases: Kassil, et al. v. City of San Rafael, Marin Superior Court No. 1701800 Rotary Manor v. City of San Rafael, Marin Superior Court No. 1702340 Valley Baptist Church v. City of San Rafael, Marin Superior Court No. 1703328 • City Attorney Robert Epstein announced that no reportable action was taken in Closed Session OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM • Margaret Deedy addressed the City Council regarding 5G Wireless Telecommunications / Mayor Phillips • Bob Berg addressed the City Council regarding 5G Wir eless Telecommunications • Kathleen Boggs addressed the City Council regarding 5G Wireless Telecommunications • Allen Liggett addressed the City Council regarding 5G Wireless Telecommunications • George Mills addressed the City Council regarding 5G Wireless Telecommunications 2 • Gayle Mills addressed the City Council regarding 5G Wireless Telecommunications • Valeri Hood addressed the City Council regarding 5G Wireless Telecommunication • Roberta Anthes addressed the City Council regarding 5G Wireless Telecommunications • Bret Goldman addressed the City Council regarding Marin Humane Society • Alex Stadtner addressed the City Council regarding 5G Wireless Telecommunications and Dixie School District • Jess Lerner addressed the City Council regarding 5G Wireless Telecommunications CITY MANAGER’S REPORT: 3. City Manager’s Report • City Manager Jim Schutz o reported on 5G Wireless Telecommunications; o announced Election Day on Tuesday, November 6, 2018; o expressed thanks to Multi-Cultural Center of Marin for Día de Los Muertos; o expressed thanks for the Annual West End Village Celebration; o announced new pilot lighting program with crisscross street lights • Mayor Phillips CONSENT CALENDAR: 4. Consent Calendar Items: Councilmember Bushey moved and Councilmember Colin seconded to approv e the remainder of the Consent Calendar a. Approval of Minutes Approval of Minutes of City Council / Successor Agency Regular Meeting of October 15, 2018 (CC) Minutes 10/15/2018 Approved as submitted c. City Quarterly Investment Report Acceptance of the City of San Rafael Quarterly Investment Report for the Quarter Ending September 30, 2018 (Fin) City Quarterly Investment Report Accepted report d. Street Resurfacing 2016-17 Project Completion Accept Completion of the Street Resurfacing 2016-2017 Project (City Project No. 11306), and Authorize the City Clerk to File the Notice of Completion (PW) Street Resurfacing Approved staff recommendation e. Third Street at Hetherton Street Improvements Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for Engineering Design Services Associated with the Third Street at Hetherton Street Improvement Project, City Project No. 11320, in an Amount Not to Exceed $64,903.81 (PW) Third Street at Hetherton Street Improvements 3 RESOLUTION 14597 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE THIRD STREET AT HETHERTON STREET IMPROVEMENTS PROJECT, CITY PROJECT NO. 11320, IN AN AMOUNT NOT TO EXCEED $64,903.81 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: b. 2019 Bail Schedule Resolution Approving the 2019 Bail Schedule for Violations of the San Rafael Municipal Code (CA) 2019 Bail Schedule Exhibit A: Bail Schedule 2019 Councilmember McCullough / Lisa Goldfien, Assistant City Attorney Mayor Phillips Mayor Phillips invited public comment Kate Powers Mayor Phillips closed the public comment period Mayor Phillips / Lisa Goldfien Councilmember McCullough Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution subject to the inclusion of the 2019 Bail Schedule RESOLUTION 14598 - A RESOLUTION APPROVING THE 2019 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS: 5. Public Hearings: a. Amendments to the San Rafael Municipal Code Consideration of An Ordinance of the City of San Rafael City Council Amending Title 11 (Public Works), Title 14 (Zoning Ordinance) and the Zoning Maps of the San Rafael Municipal Code to: a) Add a Permit Exemption for Certain Encroachments Into the Public Right of Way; b) Make Minor Clarifications and Corrections of Text; c) Modify Land Use Definitions and Standards; and d) Modify the Zoning District Boundary Line for Three Properties Located at Rice Drive/Francisco Blvd. 4 (APN's 013-041-52, -55, -67) and 2 Properties Located at Lincoln Ave./Prospect Dr. (APN's 011- 092-15 and -26) (ZO18-002/ZC18-001) (CD) Amendments to San Rafael Municipal Code Proposed modifications to Exhibits A and B Ali Giudice, Project Planner, presented the staff report Councilmember McCullough / Ali Giudice Councilmember McCullough / Ali Giudice Councilmember McCullough / Ali Giudice Councilmember McCullough / Ali Guidice Councilmember McCullough / Ali Giudice Councilmember McCullough / Ali Giudice Councilmember Colin / Paul Jensen, Community Development Director Paul Jensen Councilmember Colin / Ali Giudice Mayor Phillips declared the public hearing opened Sue Wilson Robin Bocce / Ali Giudice / Paul Jensen There being no further comment from the audience, Mayor Phillips declared the public hearing closed Ali Giudice Mayor Phillips Councilmember Colin / Paul Jensen City Attorney Robert Epstein Councilmember Colin / Robert Epstein Councilmember McCullough / Paul Jensen Councilmember McCullough / Paul Jensen Councilmember McCullough moved and Councilmember Colin seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1964 to print 5 ORDINANCE NO. 1964 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 11 (PUBLIC WORKS), TITLE 14 (ZONING ORDINANCE) AND THE ZONING MAPS OF THE SAN RAFAEL MUNICIPAL CODE TO: A) ADD A PERMIT EXEMPTION FOR CERTAIN ENCROACHMENTS INTO THE PUBLIC RIGHT OF WAY; B) MAKE MINOR CLARIFICATIONS AND CORRECTIONS OF TEXT; C) MODIFY LAND USES AND LAND USE DEFINITIONS AND STANDARDS; AND D) MODIFY THE ZONING DISTRICT BOUNDARY LINE FOR THREE PROPERTIES LOCATED AT RICE DIVE/FRANCISCO BLVD (APN’S 013-041-52, -55, -67) AND 2 PROPERTIES LOCATED AT LINCOLN AVE/PROSPECT DR (APN’S 011-092-15 AND -26) (ZO18- 002/ZC18-001) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. San Rafael Transit Center Relocation Resolution Approving and Authorizing the Mayor to Sign a Letter to the Golden Gate Bridge, Highway & Transportation District Summarizing City Comments on the San Rafael Transit Center Relocation Project Notice of Preparation (CD) Transit Center Relocation Project Paul Jensen, Community Development Director, presented the staff report Councilmember Colin Councilmember Bushey Mayor Phillips invited public comment Jeffrey Rhoads Bill Carney, Sustainable San Rafael Kate Powers Leslie Simons, San Rafael Heritage Hue Murphy Justin Barnett There being no further comment from the audience, Mayor Phillips closed the public comment period Mayor Phillips Councilmember Bushey 6 Councilmember McCullough Councilmember Colin moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14599 - A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LETTER TO THE GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT SUMMARIZING CITY COMMENTS ON THE SAN RAFAEL TRANSIT CENTER RELOCATION PROJECT (SRTC) NOTICE OF PREPARATION (NOP); P18-001 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Year-End Financial Statements and Related Audit Reports Fiscal Year 2017-2018 Annual Financial Report; Gann Appropriations Limit Report; Memorandum on Internal Control; Child Development Program Report; and Single Audit Reports (Fin) Year-End Financial Statements and Related Audit Reports Errata Year End Financial Audit Report FY 17-18 Nadine Hade, Finance Director, presented the staff report Kathryn Yu, Maze and Associates Mayor Phillips / Karen Yu Mayor Phillips invited public comment; however, there was none. Mayor Phillips Councilmember Bushey moved and Councilmember Colin seconded to accept the report Accepted reports AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None c. Fire Chief Officers' Association Memorandum of Understanding Resolution Approving the Memorandum of Understanding Between the City and the San Rafael Fire Chief Officers' Association Pertaining to Compensation and Working Conditions (July 1, 2018 Through June 30, 2020) (HR) San Rafael Fire Chief Officers' Association MOU Sylvia Gonzalez, Human Resources Coordinator, presented the staff report Mayor Phillips Mayor Phillips invited public comment; however, there was none. Councilmember Bushey moved and Councilmember Gamblin seconded to adopt the Resolution 7 RESOLUTION 14600 - RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL FIRE CHIEF OFFICERS’ 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 d. Police Mid-Managers' Association Memorandum of Understanding Resolution Approving a Memorandum of Understanding Between the City and San Rafael Police Mid-Managers' Association Pertaining to Compensation and Working Conditions (July 1, 2018 Through June 30, 2020) (HR) San Rafael Police Mid-Managers' Association MOU Sylvia Gonzalez, Human Resources Coordinator, presented the staff report Mayor Phillips invited public comment; however, there was none. Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14601 - RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL POLICE MID-MANAGERS’ 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: 7. Councilmember Reports: • Councilmember Colin reported on the Board of Supervisor Workshop on homelessness and Marin Transit • Mayor Phillips reported on homelessness, City Council subcommittees list, and West End Lights SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: Member Bushey moved and Member McCullough seconded to approve the Consent Calendar: a. Successor Agency Quarterly Investment Report Acceptance of the San Rafael Successor Agency Quarterly Investment Report for the Quarter Ending September 30, 2018 (Fin) Quarterly Investment Report Accepted report AYES: Members: Bushey, Colin, Gamblin, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: None 8 ADJOURNMENT: Mayor Phillips adjourned the meeting at 9:10 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2018 _____________________________________ GARY O. PHILLIPS, Mayor