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Home My WebLink AboutCC SA Minutes 2018-12-03Page 1 of 9 In the Council Chambers of the City of San Rafael, Monday, December 3, 2018 at 7:00 p.m. Regular Meeting San Rafael City Council Minutes Present: Mayor Phillips Vice-Mayor Gamblin Councilmember Colin Councilmember McCullough Absent: Councilmember Bushey Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Lindsay Lara OPEN SESSION – COUNCIL CHAMBERS, CITY HALL 1.None. CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL 2.Closed Session: None. OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM •Alex Stadtner addressed the City Council regarding Dixie School District name change •Aaron Alarcon-Bowen, In-Home Supportive Services Public Authority, addressed the City Council regarding In-Home Support Services (IHSS) •Salamah Locks, Commission on Aging, announced the Commission on Aging Commission meeting on Thursday December 6, 2018, and requested lines be placed at the Post Office and Citi Bank •Constant Sparker, SEIU Local 2015, addressed the City Council regarding bringing awareness about the needs of caregivers CITY MANAGER’S REPORT: 3.City Manager’s Report: •City Manager Jim Schutz announced: o Pop-up Library Outlet at Northgate Mall pilot program; o Voters rejected Proposition 6, California Gas Tax Repeal, on the November 6, 2018 Election and the City will continue with the Sidewalk Repair Program; o Announced the Santa Cop program which provides toys and clothing to families in need o 2018 Lighted Boat Parade to be held on Saturday, December 15, 2018 at 5:30 p.m. Mayor Phillips CONSENT CALENDAR: 4.Consent Calendar Items: Page 2 of 9 Councilmember Colin moved and Vice-Mayor Gamblin seconded to approve the Consent Calendar Items: a. Approval of Minutes Approval of Minutes of City Council / Successor Agency Regular Meeting of November 19, 2018 (CC) Recommended Action - Approve as submitted Regular Minutes 2018-11-19 APPROVED AS SUBMITTED b. Eric Holm Resolution of Appreciation for Service on ADA Access Advisory Committee Resolution of Appreciation to Eric Holm for Nine Years of Service on the ADA Access Advisory Committee (CC) Eric Holm Resolution of Appreciation RESOLUTION 14603 - RESOLUTION OF APPRECIATION TO ERIC HOLM FOR NINE YEARS OF SERVICE ON THE ADA ACCESS ADVISORY COMMITTEE c. Eric Holm Resolution of Appreciation for Service on Park & Recreation Commission Resolution of Appreciation to Eric Holm for Eight Years of Service on the Park and Recreation Commission (CC) Eric Holm Resolution of Appreciation RESOLUTION 14604 - RESOLUTION OF APPRECIATION TO ERIC HOLM FOR EIGHT YEARS OF SERVICE ON THE PARK AND RECREATION COMMISSION d. Agency Report of Public Officials 2019 Adoption of Agency Report of Public Officials Appointments (FPPC Form 806) and Announcement of Pending City Council Appointments for 2019 (CA) Agency Report of Public Officials 2019 APPROVED STAFF RECOMMENDATION e. Paramedic Service Special Tax Procedures Second Reading and Final Adoption of Ordinance No. 1965 - An Ordinance of the City of San Rafael Amending Chapter 3.28 of the San Rafael Municipal Code Regarding the Paramedic Service Special Tax (CA) Paramedic Ordinance Second Reading APPROVED FINAL ADOPTION OF ORDINANCE 1965 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE PARAMEDIC SERVICE SPECIAL TAX f. 21 G Street Project Below Market Rate Housing Agreement Resolution Authorizing the City Manager to Execute a Below Market Rate Housing Agreement for a For-Sale Ownership Residential Unit at 21 G Street (APN 011-232-10) (CD) 21 G Street Below Market Rate Agr RESOLUTION 14605 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A BELOW MARKET RATE HOUSING AGREEMENT FOR A FOR-SALE OWNERSHIP RESIDENTIAL UNIT AT 21 G STREET (APN 011-232-10) Page 3 of 9 g. San Rafael Downtown Business Improvement District Assessment Annual Renewal Resolution Declaring the City Council's Intention to Levy an Annual Assessment for the Downtown San Rafael Business Improvement District (ED) Business Improvement District Assessment RESOLUTION 14606 - RESOLUTION DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT h. On-Street Dining Informational Report Regarding Streamlining the Parklet Program to an On-Street Dining Applications Process (ED) On-Street Dining ACCEPTED REPORT i. Cal Fire - Fire Prevention Grant Application Approval Resolution Approving the Filing of an Application for California Climate Investment Fire Prevention Grant Program (FD) Fire Prevention Grant Application Approval RESOLUTION 14607 - RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR CALIFORNIA CLIMATE INVESTMENT FIRE PREVENTION GRANT PROGRAM j. Second and Third Street SMART -Related Signal Improvements Resolution Authorizing the City Manager to Execute a Second Amendment to the Memorandum of Understanding with the Sonoma-Marin Area Rail Transit District to Include Construction of Traffic Signal Improvements in the Amount of $324,876, and Authorizing Contingency Funds in the Amount of $55,124, for a Total Appropriated Amount of $380,000 (PW) Second and Third Street SMART Signal Impr RESOLUTION 14608 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT TO INCLUDE CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS IN THE AMOUNT OF $324,876, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $55,124, FOR A TOTAL APPROPRIATED AMOUNT OF $380,000 k. Surplus Property Conveyance Resolution Approving the Conveyance of Surplus City Property to the State of California in Connection with the Widening of the Northbound U.S. 101/Eastbound I -580 Freeway Off- ramp (PW) Surplus Property Conveyance RESOLUTION 14609 - RESOLUTION APPROVING THE CONVEYANCE OF SURPLUS CITY PROPERTY TO THE STATE OF CALIFORNIA IN CONNECTION WITH THE WIDENING OF THE NORTHBOUND U.S. 101/EASTBOUND I-580 FREEWAY OFF-RAMP l. North Bound Central San Rafael Off-ramp Resolution Authorizing the City Manager to Execute the Professional Services Agreement with Parisi/CSW Design Group to Design the Installation of a Second Right Turn from the North Bound 101 Off-ramp onto Second Street, in an Amount Not to Exceed $121,500 (PW) Page 4 of 9 North Bound Central San Rafael Off-Ramp RESOLUTION 14610 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH PARISI/CSW DESIGN GROUP TO DESIGN THE INSTALLATION OF A SECOND RIGHT TURN FROM THE NORTH BOUND 101 OFF-RAMP ONTO SECOND STREET, IN AN AMOUNT NOT TO EXCEED $121,500 m. Fire Station 57 Construction Project Resolution Approving a First Amendment to Lease Agreement Between the County of Marin, County Service Area 19, and the City of San Rafael Concerning Fire Station 57 at 3535 Civic Center Drive (PW) Fire Station 57 Construction Project RESOLUTION 14611 - RESOLUTION APPROVING A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE COUNTY OF MARIN, COUNTY SERVICE AREA 19, AND THE CITY OF SAN RAFAEL CONCERNING FIRE STATION 57 AT 3535 CIVIC CENTER DRIVE AYES: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Bushey SPECIAL PRESENTATIONS: 5. Special Presentations: a. Presentation of Resolutions of Appreciation to Eric Holm for Years of Service on t he ADA Access Advisory Committee and the Park and Recreation Commission Mayor Phillips presented the resolution of appreciation to Eric Holm for his service on the San Rafael ADA Access Advisory Committee and the San Rafael Park and Recreation Commission Eric Holm Mayor Phillips PUBLIC HEARINGS: 6. Public Hearings: a. Rental Discrimination Ordinance Consideration of an Ordinance of the City of San Rafael Amending the San Rafael Municipal Code by Adding New Chapter 10.98 Concerning "Source of Income" Discrimination in Rental Housing (CM) Rental Discrimination Ordinance Rental Discrimination Ordinance Correspondence Andrew Hening, Director of Homeless Planning and Outreach, presented the staff report Councilmember Gamblin / Andrew Hening Councilmember Colin / Andrew Hening Councilmember McCullough / Andrew Hening Page 5 of 9 Councilmember Gamblin / Andrew Hening Mayor Phillips / Andrew Hening Mayor Phillips / Andrew Hening Mayor Phillips declared the public hearing opened: The following members of the public commented: Kiki La Porta, Marin Environmental Housing Collaborative, Sustainable Marin & Coalition for a Livable Marin; Jonathan Frieman; Pat Langley, Marin Organizing Committee; Judy Binsacca, League of Women Voters Marin County Transportation/Land use/Housing Committee; Jerry Belletto, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public hearing Councilmember McCullough / Andrew Hening Mayor Phillips Councilmember Colin 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. 1966 by the following vote to wit: PASSED ORDINANCE NO. 1966 TO PRINT - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW CHAPTER 10.98 CONCERNING “SOURCE OF INCOME” DISCRIMINATION IN RENTAL HOUSING AYES: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Bushey OTHER AGENDA ITEMS: 7. Other Agenda Items: a. Small Cell "5G" Wireless Communication Technology Report on Small Cell "5G" Wireless Communication Technology to Include: a) Presentation on Recent Federal Communication Commission (FCC) Ruling Regarding Small Cell Facilities; and b) Review of Draft Ordinance, Regulations and Standards for Permitting Small Cell Facilities (CD) Small Cell 5G Wireless Communication Technology Small Cell 5G Wireless Communication Technology Correspondence Small Cell 5G Wireless Communication Technology Correspondence 2 Raffi Boloyan, Planning Manager, commented on the item and introduced Alicia Giudice, Senior Planner, who would present the staff report Mayor Phillips Michael Johnstone, Telecom Law Firm Raffi Boloyan Page 6 of 9 Councilmember Gamblin / Michael Johnstone Councilmember Gamblin / Michael Johnstone Councilmember Gamblin / Michael Johnstone Mayor Phillips / Michael Johnstone Councilmember Colin / Michael Johnstone Councilmember Colin / Michael Johnstone Councilmember Colin / Michael Johnstone Councilmember Colin / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember Gamblin / Michael Johnstone Councilmember Gamblin / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / City Attorney Robert Epstein Page 7 of 9 Alicia Giudice, Senior Planner, presented the staff report Councilmember Colin / Alicia Giudice Councilmember Colin Councilmember McCullough / Alicia Giudice Councilmember McCullough / Michael Johnstone City Attorney Robert Epstein / Michael Johnstone City Attorney Robert Epstein / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember McCullough / Michael Johnstone Councilmember Gamblin / Michael Johnstone Councilmember Gamblin / Raffi Boloyan Councilmember Gamblin / Michael Johnstone Mayor Phillips invited public comment: The following members of the public commented: Vickie Sievers; Public speaker; Mayor Phillips; Jim Menster; Celestine Star, Papillon Life Services; Mayor Phillips; Public speaker; Chandu Vyas; Lonner Holden; Mike Miac; Valeri Hood; Ruth Wiseman; Trish Bornstein; Hisaysha; Dr. Jacqueline Chan; Susana Ruman; Lee; Kate Pinnuck; Janet Fitzgerald; Stephanie Falcone; Jade Rooky; James Hay; Cris Villegas, Verizon Wireless; Christine Chulas; Public speaker; Roberta Anties; Michael Rosenthal; Connie Marker; Arlene Hanzel; Louise Yost; Public speaker; Leslie Simons; Mayor Phillips; Alex Stadtner; Bob Berg; Kim Hahn; Public speaker; Richard Applebom; Jess Learner; Bob Ernst; Bonnie McMurry; Kathleen Boggs; Public speaker There being no further comment from the audience, Mayor Phillips closed the public comment period Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Michael Johnstone Mayor Phillips / Raffi Boloyan Mayor Phillips / Raffi Boloyan / City Manager Jim Schutz Page 8 of 9 Mayor Phillips Councilmember McCullough Mayor Phillips Councilmember Colin Councilmember Gamblin Mayor Phillips City Manager Jim Schutz / Michael Johnstone Councilmember Colin / Michael Johnstone / Raffi Bolo yan Councilmember Colin / Michael Johnstone City Attorney Robert Epstein Councilmember Colin / City Attorney Robert Epstein / Michael Johnstone City Attorney Robert Epstein Councilmember McCullough moved and Vice-Mayor Gamblin seconded to accept the report and provided direction to staff to prepare an urgency ordinance and resolution for consideration at the December 17, 2018 City Council meeting Accepted report and provided direction to staff to prepare an urgency ordinance and resolution for consideration at the December 17, 2018 City Council meeting AYES: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Bushey b. Funding for Affordable Housing in San Rafael Resolution Declaring a Shelter Crisis Pursuant to SB 850 (Chapter 48, Statutes of 2018 and Government Code § 8698.2) (CM) Funding for Affordable Housing in San Rafael Andrew Hening, Director of Homeless Planning and Outreach, presented the staff report Mayor Phillips invited public comment The following members of the public commented: John Reynolds Mayor Phillips closed public comment Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution Page 9 of 9 RESOLUTION 14612 - RESOLUTION DECLARING A SHELTER CRISIS PURSUANT TO SB 850 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE § 8698.2) AYES: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Bushey COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: 8. Councilmember Reports: • Councilmember Colin reported on Marin Transit's Financial Audit • Mayor Phillips reported on: o $1.2 million received by the City for extension of the bike path; o Progress on the establishment of the Pension Committee; o A meeting with the Fire Chief Chris Gray; o Bicycle and Pedestrian Advisory Committee application review • Councilmember McCullough reported on the Marin Telecommunications Agency meeting SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None. ADJOURNMENT: Mayor Phillips adjourned the meeting at 11:27 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2019 _____________________________________ GARY O. PHILLIPS, Mayor