The URL can be used to link to this page

Home My WebLink AboutCC SA Minutes 2018-12-171 In the Council Chambers of the City of San Rafael, Monday, December 17, 2018 at 7:00 p.m. 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 How to Participate in your City Council Meeting OPEN SESSION – COUNCIL CHAMBERS, CITY HALL – 5:45 PM 1.Mayor Phillips announced Closed Session items. CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 5:45 PM 2.Closed Session: a.Conference with Legal Counsel – Anticipated Litigation Government Code Sections 54956.9(b) & 54956.9(d)(2) Significant Exposure to Litigation (One Potential Case) b.Conference with Legal Counsel – Anticipated Litigation Government Code Sections 54956.9(b) & 54956.9(d)(4) Potential Initiation of Litigation (One Potential Case) City Attorney Robert Epstein announced that no reportable action was taken in Closed Session. OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM •Bores Rodriguez addressed the City Council regarding renter protection. Comments translated Iyisha Rodriguez. •Ginger Stricland addressed the City Council regarding renter protection •David Levin, Legal Aid of Marin, addressed the City Council regarding just cause eviction protection in San Rafael •Earl Young addressed the City Council regarding housing eviction •Bernard Judge addressed the City Council regarding housing eviction at Wilkins Hotel •Paul Francis Conroy addressed the City Council regarding housing eviction at Wilkins Hotel 2 CITY MANAGER’S REPORT: 3. City Manager’s Report: • City Manager Jim Schutz expressed thanks to the City Council and staff for their hard work in 2018, as well as to the community for their active participation; and he announced the opening of the Pop-up Library at Northgate Mall. • Mayor Phillips CONSENT CALENDAR: 4. Consent Calendar Items: Item 4.c removed from the Consent Calendar by Councilmember Colin for comment Councilmember Bushey moved and Councilmember McCullough seconded to approve Consent Calendar Items: a . Fire Commission Vacancy Call for Applications to Fill One Four-Year Term on the Fire Commission to the End of February 2023 Due to the Expiration of Term of Lawrence "Larry" Luckham (CC) Fire Commission Vacancy APPROVED STAFF RECOMMENDATION b. Rental Discrimination Ordinance Second Reading and Final Adoption of Ordinance No. 1966 - 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) Source of Income Ordinance APPROVED FINAL ADOPTION OF ORDINANCE 1966 - 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 d. Marin County Community Wildfire Protection Plan Acceptance Resolution Accepting the Marin County Community Wildfire Protection Plan as a Guiding Document for Wildfire Prevention Efforts in San Rafael (FD) Marin County Community Wildfire Protection Plan Acceptance RESOLUTION 14614 - RESOLUTION ACCEPTING THE MARIN COUNTY COMMUNITY WILDFIRE PROTECTION PLAN AS A GUIDING DOCUMENT FOR WILDFIRE PREVENTION EFFORTS IN SAN RAFAEL e. Measure E Transactions and Use Tax Oversight Committee Annual Report Measure E Transactions and Use Tax Oversight Committee Annual Report for Fiscal Year 2017-2018 (Fin) Measure E Transactions and Use Tax Oversight Committee Annual Report ACCEPTED REPORT f. Special Library Parcel Tax Oversight Committee Annual Report Special Library Parcel Tax Committee Annual Measure D Report for 2018 (Lib) Special Library Parcel Tax Oversight Committee Annual Report ACCEPTED REPORT 3 g. 2017 Storm Damage Repair - #70 Irwin Street Resolution Awarding and Authorizing the City Manager to Allocate an Additional Contingency of $65,000 for the Repair of 2017 Storm Damage at #70 Irwin Street, Project No. 11308 (PW) 2017 Storm Damage Repair #70 Irwin Street RESOLUTION 14615 - RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO ALLOCATE AN ADDITIONAL CONTINGENCY OF $65,000 FOR THE REPAIR OF 2017 STORM DAMAGE AT #70 IRWIN STREET, PROJECT NO. 11308 h. Lincoln Avenue Bridge Repair Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas and Company, Inc. for Environmental and Engineering Design Services Associated with the Lincoln Avenue Bridge Repair Project, City Project No. 11352, in an Amount Not to Exceed $110,000.00 (PW) Lincoln Avenue Bridge Repair RESOLUTION 14616 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS AND COMPANY, INC. FOR ENVIRONMENTAL AND ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE LINCOLN AVENUE BRIDGE REPAIR PROJECT, CITY PROJECT NO. 11352, IN AN AMOUNT NOT TO EXCEED $110,000.00 i. 2017 Storm Damage Repair - #80 Upper Toyon Drive Project Completion Accept Completion of the 2017 Storm Damage Repair at #80 Upper Toyon Drive (City Project No. 11329) and Authorize the City Clerk to File the Notice of Completion (PW ) 2017 Storm Damage Repair #80 Upper Toyon Drive NOC APPROVED STAFF RECOMMENDATION 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: c. Interim Financial Update and Budget Amendments to Reflect Operational Activity; Mid - Year Personnel Changes (1) First Fiscal Year 2018-2019 Interim Financial Update (2) Resolution Adopting Amendments to the Fiscal Year 2018-2019 Budget (3) Mid-Year Personnel Changes (Fin) Interim Financial Updates, Budget Amendments and Personnel Changes Councilmember Colin expressed thanks to staff for the creation of Digital Serve and Open Government Department Mayor Phillips invited public comment; however, there was none. Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resoluti on and accept the reports Accepted report 4 RESOLUTION 14617 – RESOLUTION ADOPTING AMENDMENTS TO THE 2018-2019 BUDGET AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Third and Hetherton Intersection Improvements Recommendations for the Intersection of Third Street and Hetherton Street (PW) Third and Hetherton Intersection Improvements Bill Guerin, Public Works Director, commented on the item and introduced new Deputy Public Works Director, Rafat Raie, who presented the staff report Mayor Phillips Rafat Raie Mayor Phillips / Bill Guerin Mayor Phillips / Bill Guerin Mayor Phillips / Rafat Raie Mayor Phillips / Bill Guerin Mayor Phillips / Bill Guerin Mayor Phillips / Rafat Raie Mayor Phillips / Rafat Raie / City Manager Jim Schutz Mayor Phillips / Rafat Raie Councilmember Colin / Rafat Raie Councilmember Bushey / Rafat Raie Councilmember Bushey / Rafat Raie Councilmember Bushey / Bill Guerin Councilmember Gamblin / Bill Guerin / Rafat Raie Councilmember Gamblin / Rafat Raie Councilmember Bushey 5 Councilmember Gamblin / Bill Guerin Councilmember Gamblin Mayor Phillips Bill Guerin Mayor Phillips / Rafat Raie Mayor Phillips / Councilmember Bushey / Councilmember Gamblin Councilmember McCullough / Rafat Raie Mayor Phillips Mayor Phillips invited public comment The following members of the public commented: Kevin Hagerty, Pt. San Pedro Rd. Coalition Roadway Committee; Kate Powers; Andy Perry; Ross Bishop; Bill Carney, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public comment period Mayor Phillips / Bill Guerin Councilmember Gamblin / Rafat Raie Councilmember Gamblin Rafat Raie Councilmember Gamblin Councilmember McCullough moved and Councilmember Bushey seconded to accept the report and to provide direction to staff to pursue the completion of the project with a sense of urgency while keeping the cost to a minimum by eliminating certain components that do not negatively impact overall safety Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS: 6. Public Hearings: a. Downtown San Rafael Business Improvement District 2019 Annual Assessment Resolution Approving the Downtown San Rafael Business Improvement District "BID 2018 Annual Report" and Levying an Assessment for Calendar Year 2019 (CM) 6 BID 2019 Annual Assessment Simon Vuong, Economic Development Coordinator, presented the staff report Mayor Phillips Mayor Phillips / Simon Vuong Mayor Phillips / Simon Vuong Councilmember McCullough / Simon Vuong / Jed Greene, BID Executive Board Treasurer Mayor Phillips / Jed Greene Councilmember McCullough / Jed Greene Councilmember McCullough / Jed Greene Mayor Phillips / Councilmember McCullough Mayor Phillips opened the public hearing. There being no comment from the audience, Mayor Phillips closed the public hearing. Councilmember McCullough moved and Vice-Mayor Gamblin seconded to adopt the Resolution RESOLUTION 14618 - RESOLUTION APPROVING THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT “BID 2018 ANNUAL REPORT” AND LEVYING AN ASSESSMENT FOR CALENDAR YEAR 2019 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Marin Sanitary Service Contract Amendment and Rates for 2019 Resolutions of the City Council of the City of San Rafael (CM): 1) Establishing Maximum Rates Collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services, to be Effective January 1, 2019 2) Approving a Third Amendment to the Amendment and Restatement of Collection Agreement of the City of San Rafael with Marin Sanitary Service MSS Contract Amendment and Rates 2019 Cory Bytof, Volunteer and Sustainability Coordinator, presented the staff report Garth Schultz, R3 Consulting Group, Inc. Mayor Phillips / Garth Schultz Mayor Phillips / Garth Schultz Mayor Phillips declared the public hearing opened 7 Patti Garbarino Mayor Phillips / Patti Garbarino Mayor Phillips / Patti Garbarino / Garth Schultz Mayor Phillips / Garth Schultz / Patti Garbarino Mayor Phillips The following members of the public commented: Patti Garbarino; Bill Carney, Sustainable San Rafael; Alex Statner; Andy Perry There being no further comment from the audience, Mayor Phillips declared the public hearing closed Councilmember Colin Councilmember McCullough Mayor Phillips Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14619 – RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE JANUARY 1, 2019 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14620 – RESOLUTION APPROVING A THIRD AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None c. Regulations and Procedures for Small Wireless Facilities Urgency Ordinance Amending the San Rafael Municipal Code Title 14 (Zoning) and Accompanying Policy Resolution to Establish Provisions and Procedures for Regulating the Placement of Small Wireless Facilities (CD) 1) Consideration of An Urgency Ordinance of the City Council of the City of San Rafael, Pursuant to California Government Code Section 36937(b), Amending Title 14 (“Zoning”) of the San Rafael Municipal Code (CD) 8 2) Resolution Adopting Policies, Procedures, Standards and Limitations for Submittal and Review of Small Wireless Facilities Within the Public Right-Of-Way as Set Forth in the San Rafael Municipal Code Section 14.16.361 Small Wireless Facilities Paul Jensen, Community Development Director, provided background on the agenda item and introduced Senior Planner, Ali Giudice, who presented the staff report Ali Giudice Michael Johnson, Telecom Law Firm Mayor Phillips / Michael Johnson Councilmember Gamblin / Michael Johnson Councilmember Gamblin / Michael Johnson Councilmember Gamblin / Michael Johnson Paul Jensen / Michael Johnson Councilmember Colin / Michael Johnson Councilmember Colin / Michael Johnson Councilmember Colin Mayor Phillips / Michael Johnson Mayor Phillips / Michael Johnson Mayor Phillips Mayor Phillips declared the public hearing opened The following members of the public commented: Vickie Sievers; Arthur Saffless; John Snell; Susan Bradford; Sandy Demoscow; Amy Islaylan; Ruth Weizman; Jess Learner; Andy Perry; Lonner Holden; Joseph Elsebearn; Marcie Crevet; Dr. Jacqueline Chan; Lynn Detzell; Alex Statner; Stephanie Falcon; Michael Rosenthal; Diana; Ray Lorber; Roberta Anthes; Valerie Hood; Ana Har; Leslie Simons; Dr. Hillary Fredrickson; Kathleen Boggs; Dr. Stacia Kenet; Bonnie McMurry; Kim Haan; Public speaker; Cris Viegas, Verizon Wireless; Matt Yergovich, AT&T; Bob Berg; Public speaker There being no further comment from the audience, Mayor Phillips closed the public hearing Mayor Phillips / Paul Jensen Michael Johnson Councilmember Gamblin / Paul Jensen 9 Councilmember Gamblin / Michael Johnson Councilmember Colin / Michael Johnson Councilmember Colin / Michael Johnson Councilmember Colin / Michael Johnson Councilmember Colin / Michael Johnson Councilmember Colin / Michael Johnson Mayor Phillips / Paul Jensen Mayor Phillips / Michael Johnson Mayor Phillips / Michael Johnson Councilmember McCullough / Michael Johnson Councilmember McCullough Councilmember Colin Councilmember Gamblin City Manager Jim Schutz Mayor Phillips Councilmember McCullough moved and Vice-Mayor Gamblin seconded to approve the adoption of Urgency Ordinance No. 1967 ORDINANCE 1967 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36937(B), AMENDING TITLE 14 (“ZONING”) OF THE SAN RAFAEL MUNICIPAL CODE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember McCullough moved and Vice-Mayor Gamblin seconded to adopt the resolution subject to the amendment of Section 9.b.3 - Least Preferred Locations to incorporate schools RESOLUTION 14621 - RESOLUTION ADOPTING POLICIES, PROCEDURES, STANDARDS AND LIMITATIONS FOR SUBMITTAL AND REVIEW OF SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY AS SET FORTH IN THE SAN RAFAEL MUNICIPAL CODE SECTION 14.16.361 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 10 OTHER AGENDA ITEMS (continued): 7. Other Agenda Items: a. 2019 Vice-Mayor Election of Vice-Mayor for the City of San Rafael 2019 (CC) Councilmember Bushey moved and Councilmember Colin seconded to approve to elect Councilmember Andrew McCullough to serve as Vice-Mayor for the City of San Rafael for 2019 Elected Councilmember Andrew McCullough as Vice-Mayor for 2019 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. 2019 City Council Appointments Approval of City Council Appointments to Committees 2019 (CC) 2019 City Council Appointments Mayor Phillips commented on changes to assignments for 2019, and expressed thanks to the City Council and Vice-Mayor John Gamblin for work performed under their 2018 assignments Councilmember Bushey moved and Councilmember Colin seconded to approve City Council Appointments for 2019 Approved City Council Appointments for 2019 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 wished everyone a happy new year Councilmember Bushey reported on her attendance at the Lighted Boat Parade with Vice-Mayor Gamblin on December 15, 2018 SAN RAFAEL SUCCESSOR AGENCY: 1. Consent Calendar: None. ADJOURNMENT: Mayor Phillips adjourned the meeting at 11:03 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2019 _____________________________________ GARY O. PHILLIPS, Mayor