HomeMy WebLinkAboutCC SA Minutes 2017-12-04
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, December 4, 2017
Regular Meeting MINUTES
San Rafael City Council
Present: Mayor Phillips
Vice Mayor Bushey
Councilmember Colin
Councilmember Gamblin
Councilmember McCullough
Absent: None
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Esther Beirne
OPEN SESSION – COUNCIL CHAMBERS, CITY HALL – 6:00 PM
1. Mayor Phillips announced Closed Session items
CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 6:00 PM
2. Closed Session:
a. Conference with Legal Counsel - Anticipated Litigation
Government Code Section 54956.9(d)(2):
Significant Exposure to Litigation (Three potential cases)
City Attorney Robert Epstein announced that no reportable action was taken
SPECIAL PRESENTATION: - 7:00 PM
3. Special Presentation:
a. City Clerk to Administer Oath of Office to Councilmembers Bushey and Colin
City Clerk Esther Beirne administered the Oath of Office to Councilmember Kate Colin
City Clerk Esther Beirne administered the Oath of Office to Councilmember Maribeth Bushey
OPEN TIME FOR PUBLIC EXPRESSION:
None.
CITY MANAGER’S REPORT:
4. City Manager’s Report
• City Manager Jim Schutz announced:
o Lighted Boat Parade on December 9th at 5:30 p.m. along the Canal;
o Fire Foundation's Annual Crab Feed on December 9th at 5:00 p.m. at B Street;
o Santa Cop Toy Drive; and
o B Team and Gerstle Park Neighborhood fund raiser dinner for Albert Park Playground on
December 6th at either State Room or Flatiron, San Rafael.
City Attorney Robert Epstein / Mayor Phillips
Councilmember McCullough / City Attorney Robert Epstein
City Attorney Robert Epstein / Mayor Phillips / Robert Epstein
CONSENT CALENDAR:
5. Consent Calendar Items:
Item 5.f held from the Consent Calendar for comment
Councilmember Colin moved and Councilmember McCullough seconded to approve the remainde r of the
Consent Calendar Items:
a. Approval of Minutes of City Council / Successor Agency Meeting of November 20, 2017
(CC)
Minutes 11/20/2017
Approved Minutes as submitted
b. Resolution Declaring the City Council’s Intention to Levy an Annual Assessment for the
Downtown San Rafael Business Improvement District (ED) – File 224 x 183
BID Annual Assessment
RESOLUTION 14421 – RESOLUTION DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN
ANNUAL ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT
c. Accept Completion of the G Street Improvements – Phase 1 Project (City Project No.
11274), and Authorize the City Clerk to File the Notice of Completion (PW) – File 4-1-702
G Street Project Completion
Approved staff recommendation
d. Rice Drive Property Conveyance (PW): – File 4-12-6 x 245
1) Resolution Approving a Grant of Public Sanitary Sewer Easements to the San Rafael
Sanitation District on Properties Designated as Assessor’s Parcels No. 013-041-52, -55
(Rice Drive), and Assessor’s Parcel No. 013-041-44; and
2) Resolution Approving a Grant of Real Property Designated as Assessor’s Parcel Nos. 013-
041-52, -55 (Rice Drive) to the Sonoma Marin Area Rail Transit (SMART) District
3) Resolution Approving a Grant of Real Property Designated as Assessor’s Parcel No. 013 -
041-44 to the Sonoma Marin Area Rail Transit (SMART) District
Rice Drive Property Conveyances
RESOLUTION 14422 – RESOLUTION APPROVING A GRANT OF PUBLIC SANITARY SEWER
EASEMENTS TO THE SAN RAFAEL SANITATION DISTRICT ON PROPERTIES DESIGNATED AS
ASSESSOR’S PARCELS NO. 013-041-52, -55 (RICE DRIVE), AND ASSESSOR’S PARCEL NO. 013-
041-44
RESOLUTION 14423 – RESOLUTION APPROVING A GRANT OF REAL PROPERTY DESIGNATED
AS ASSESSOR’S PARCEL NOS. 013-041-52, -55 (RICE DRIVE) TO THE SONOMA MARIN AREA RAIL
TRANSIT (SMART) DISTRICT
RESOLUTION 14424 – RESOLUTION APPROVING A GRANT OF REAL PROPERTY DESIGNATED
AS ASSESSOR’S PARCEL NO. 013-041-44 TO THE SONOMA MARIN AREA RAIL TRANSIT (SMART)
DISTRICT
e. Resolution Awarding and Authorizing the City Manager to Execute a Construction
Contract with Ghilotti Bros., Inc. for the Victor Jones Park Improvements Project, Project
No. 11289, in an Amount Not to Exceed $649,997 (PW) – File 4-1-717
Victor Jones Park Project
RESOLUTION 14425 – RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION CONTRACT WITH GHILOTTI BROS., INC. FOR THE VICTOR JONES
PARK IMPROVEMENTS PROJECT, PROJECT NO. 11289, IN AN AMOUNT NOT TO EXCEED
$649,997
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
The following item was removed from the Consent Calendar:
f. Second Reading and Final Adoption of Ordinance No. 1949 – An Ordinance of the City
Council of the City of San Rafael Amending San Rafael Municipal Code Sections 5.40.030,
5.12.090 and 5.48.020 Regarding Time-Limited Parking on City Streets (PW) - Not adopted
Time-Limited Parking Ordinance
Councilmember McCullough
Councilmember McCullough moved and Mayor Phillips seconded to return the item to Council at a later
date.
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Comment from audience / Mayor Phillips
City Attorney Robert Epstein
Mayor Phillips / City Manager Jim Schutz
OTHER AGENDA ITEMS:
6. Other Agenda Items:
a. Consideration of Transition from At-Large Elections to District-Based Elections (CA) – File
9-4 (District Elections)
District Elections
City Attorney Robert Epstein presented the staff report
Interpreter (summarized staff report to this point in Spanish)
Councilmember McCullough questioned the interpretation method
City Attorney Robert Epstein
City Attorney Robert Epstein / Translator (contemporaneous Spanish translation going forward)
City Attorney Robert Epstein
City Attorney Robert Epstein
Mayor Phillips
City Attorney Robert Epstein
Mayor Phillips
Mayor Phillips invited public comment
Gladys Gilliland
Jackie Schmidt
Mayor Phillips / City Manager Jim Schutz
Mayor Phillips
Dave Bonfilio
Sancho Gomez
Laney Midienta
Gabriel Garcia
Yolanda Vadaona
John Reynolds, First United Methodist Church member
Sherna Demar
Mayor Phillips
Paul Cohen
Omar Carrera, Canal Alliance
Matthew Soroka
Stephen Bingham
Mayor Phillips
Vicki Hatos
Jonathan Frieman
Mayor Phillips / City Manager Jim Schutz
Deborah Talb, Surge Marin
Anna Mandieta
Pat Johnstone
Kate Powers
Berenice Davidson
Mayor Phillips
There being no further comment from the audience, Mayor Phillips closed the public comment period
Mayor Phillips
Councilmember McCullough
Councilmember Bushey
Councilmember Colin
Councilmember Gamblin
Mayor Phillips
Councilmember McCullough moved and Councilmember Bushey seconded to accept the report
Accepted report
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
OTHER AGENDA ITEMS Continued:
8. Other Agenda Items:
a. Resolution Amending Resolution 14276, Appointing the San Rafael General Plan 2040
Steering Committee, and Adopting Committee Bylaws (CD) – File 9-2-70
General Plan 2040 Steering Committee
City Manager Jim Schutz
Raffi Boloyan, Community Development Planning Manager, presented the staff report
Mayor Phillips
Councilmember Colin / Mayor Phillips / Barry Miller, Project Manager
Councilmember Colin / Barry Miller
Councilmember McCullough
Councilmember Bushey
Mayor Phillips invited public comment; however, there was none.
City Manager Jim Schutz
Mayor Phillips
Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution
RESOLUTION 14426 – RESOLUTION AMENDING RESOLUTION 14276, APPOINTING THE SAN
RAFAEL GENERAL PLAN 2040 STEERING COMMITTEE, AND ADOPTING COMMITTEE BYLAWS
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
PUBLIC HEARINGS
7. Public Hearings:
a. Consideration of An Urgency Ordinance of the City Council of the City of San Raf ael,
Pursuant to California Government Code Section 36937(B), Amending Title 10 of the San
Rafael Municipal Code to Add New Chapter 10.96 Regulating Cannabis Businesses Within
City Limits, Specifically Authorizing by License Medical Cannabis Delivery, Medical
Cannabis Product Manufacturing, and Cannabis Testing; and Prohibiting Nonmedical
Cannabis Businesses (ED) – File 287
Cannabis Urgency Ordinance
Danielle O'Leary, Director of Economic Development and Innovation, presented the staff report
Councilmember Gamblin / Danielle O'Leary
Councilmember Gamblin / Danielle O'Leary
Mayor Phillips / Danielle O'Leary
Mayor Phillips / Danielle O'Leary
Mayor Phillips / Danielle O'Leary
Mayor Phillips / Danielle O'Leary
Councilmember Colin / Mayor Phillips
Danielle O'Leary
Councilmember Gamblin
Councilmember McCullough / Danielle O'Leary
Councilmember McCullough / Danielle O'Leary / Mayor Phillips
Mayor Phillips
Councilmember McCullough
Mayor Phillips
Mayor Phillips declared the public hearing opened
Kyle Marshall, Morsel Brands owner
Nurit Raphael, Marin Cannabis Couriers Association President
Mayor Phillips / Nurit Raphael
Mayor Phillips / Nurit Raphael
Christine Scabola
Alicia Rose, HerbaBuena Founder
Councilmember McCullough / Alicia Rose
Monica Grey
Mayor Phillips / Monica Grey
Mayor Phillips / Monica Grey
Mayor Phillips
Albert Dekunia
Colleen
Joanne Webster, San Rafael Chamber of Commerce President
Mayor Phillips / Joanne Webster
Mayor Phillips / Joanne Webster
Michael Strauss
There being no further comment from the audience, Mayor Phillips declared the public hearing closed
Councilmember Colin / Danielle O'Leary
Councilmember Colin
Mayor Phillips
Councilmember McCullough
Mayor Phillips
Councilmember Gamblin
Mayor Phillips
Councilmember Colin moved and Councilmember Bushey s econded to adopt the Urgency Ordinance
Adopted Ordinance No. 1949: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36937(b), AMENDING
TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD NEW CHAPTER 10.96 REGULATING
CANNABIS BUSINESSES WITHIN CITY LIMITS, SPECIFICALLY AUTHORIZING BY LICENSE
MEDICAL CANNABIS DELIVERY, MEDICAL CANNABIS PRODUCT MANUFACTURING, AND
CANNABIS TESTING; AND PROHIBITING NONMEDICAL CANNABIS BUSINESSES
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. Resolution to Vacate Excess Public Street Right-of-Way Adjacent to Civic Center Drive
Between Its Intersections with McInnis Parkway and Peter Behr Drive (PW) – File 2-2 x 245
Abandonment of Excess Street ROW
Assistant Public Works Director Kevin McGowan presented the staff report
Mayor Phillips declared the public hearing opened; however, there being no comment from the audience
Mayor Phillips closed the public hearing
Mayor Phillips / Public Works Director Bill Guerin
Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution
RESOLUTION 14427 – RESOLUTION TO VACATE EXCESS PUBLIC STREET RIGHT-OF-WAY
ADJACENT TO CIVIC CENTER DRIVE BETWEEN ITS INTERSECTIONS WITH MCINNIS PARKWAY
AND PETER BEHR DRIVE
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
c. Francisco Blvd. West Multi-Use Pathway (MUP) – Request to Adopt: a) Resolution
Adopting a Mitigated Negative Declaration and Approving a Mitigation Monitoring and
Reporting Program (MMRP); and b) Resolution Approving the Preliminary Design and a
Variance (V17-009) to Reduce the Minimum Required 50-Foot Wetland Setback for the
Multi-Use Pathway (CD/PW) – File 245 x 9-3-40
Francisco Blvd West MUP
Assistant Public Works Director Kevin McGowan presented the staff report
Mayor Phillips declared the public hearing opened
Kate Powers, Bicycle Pedestrian Advisory Committee and Marin Conservation League
There being no further comment from the audience, Mayor Phillips closed the public hearing
Mayor Phillips
Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolutions
Councilmember Gamblin
RESOLUTION 14428 – RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
RESOLUTION 14429 – RESOLUTION APPROVING THE PRELIMINARY DESIGN AND A VARIANCE
(V17-009) TO REDUCE THE MINIMUM REQUIRED 50-FOOT WETLAND SETBACK FOR THE MULTI-
USE PATHWAY
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS:
9. Councilmember Reports:
• Councilmember Colin presented a City of San Rafael Award received from Marin Clean Energy to
Mayor Phillips
• Mayor Phillips reported on:
o Meeting with Farhad Mansourian re: SMART;
o Boards & Commissions event to be held tomorrow Tuesday, December 5, 2017;
o Marin Coalition re: Pension, with Grand Jury;
o Visit to Mill Valley on Thursday; and
o Meeting with Santa Rosa Mayor re: recent fires and district elections
• Councilmember Gamblin attended Parade of Lights event recently
SAN RAFAEL SUCCESSOR AGENCY
1. Consent Calendar: None
ADJOURNMENT:
____________________________________
ESTHER BEIRNE, City Clerk
APPROVED THIS_____DAY____OF_______, 2018
_____________________________________
GARY O. PHILLIPS, Mayor