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HomeMy WebLinkAboutCCSA Minutes 2019-11-18 Page 1 of 9 In the Council Chambers of the City of San Rafael, Monday, November 18, 2019 Regular Meeting San Rafael City Council Minutes Present: Mayor Phillips Councilmember McCullough Councilmember Bushey Councilmember Colin Councilmember Gamblin Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Lindsay Lara How to Participate in Your City Council Meeting Mayor Phillips called the meeting to order at 7:12 p.m. OPEN SESSION - THIRD FLOOR CONFERENCE ROOM, CITY HALL - 5:30 P.M. 1. Mayor Phillips announced Closed Session items. CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM, CITY HALL - 5:30 P.M. 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, Nadine Hade, Van Bach, Police Chief Diana Bishop, Fire Chief Christopher Gray Employee Organizations: SEIU - Childcare; San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association City Attorney Robert Epstein announced that no reportable action was taken in Closed Session. Also, he announced that the Council may resume the Closed Session after the regular meeting, so there may be another report at the outset of the next regular meeting. Mayor Phillips announced that item 7.b would be interpreted from English to Spanish. OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM Page 2 of 9 • Buz Johanson commented on the condition of sidewalks, benches and homelessness in downtown San Rafael • Earnestine Lawson, Marin Airporter, addressed the City Council regarding lanes on Third Street and Hetherton Street CITY MANAGER’S REPORT: 3. City Manager’s Report: • City Manager Jim Schutz announced: o potential PG&E Public Safety Power Shutoff o Fire Station 57 Grand Opening and Chief Gray's Retirement event to be held at Fire Station 57 on Tuesday, November 19, 2019 from 5-6:30 p.m. o Our Stories: Immigration and our Community event to be held at San Rafael High School on Tuesday, November 19, 2019 form 5-8:30 p.m. City Manager Schutz responded to Mayor Phillip's question regarding traffic signal operation and the PG&E Public Safety Power Shutoff CONSENT CALENDAR: 4. Consent Calendar Items: Item 4.c is held from the Consent Calendar Mayor Phillips invited public comment on the remaining items John Reynolds commented on item 4.c and item 4.e There being no further comment from the audience, Mayor Phillips closed the public comment period Community Development Director Paul Jensen addressed John Reynolds' comment regarding item 4.e Councilmember McCullough moved and Councilmember Colin seconded to approve the remainder of the Consent Calendar items a. Approval of Minutes Approve Minutes of City Council / Successor Agency Regular and Special Meetings of Monday, November 4, 2019 and the Special Meeting of October 29, 2019 (CC) Regular Minutes 2019-11-04, Special Minutes 2019-11-04, Special Minutes 2019-10-29 Approved minutes as submitted b. Design Review Board Reappointment Reappoint Donald Blayney to Fill One Four-Year Alternate Member Term on the Design Review Board to the End of December 2023 (CC) Design Review Board Reappointment Approved staff recommendation Page 3 of 9 d. Noise Ordinance Amendments for Utility Power Outages Final Adoption of Ordinance 1977: An Ordinance of the City of San Rafael City Council Amending Chapter 8.13 of the San Rafael Municipal Code Entitled "Noise" to Add an Exemption from Noise Regulations for the Use of Generators for Emergencies and Utility Power Outages (CC) Noise Ordinance Amendments for Utility Power Outages Final Adoption of Ordinance 1977 e. Affordable Housing Agreement for 211-215 Belle Avenue Resolution Authorizing the City Manager to Sign a Below Market Rate Agreement for a Rental Unit at 211-215 Belle Avenue (APN 014-065-05) (CD) Affordable Housing Agreement for 211-215 Belle Avenue RESOLUTION 14738 - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A BELOW MARKET RATE AGREEMENT FOR A RENTAL UNIT AT 211-215 BELLE AVENUE (APN 014-065-05) f. San Rafael Downtown Business Improvement District (BID) Assessment Annual Renewal Resolution Declaring the City Council's Intention to Levy an Annual Assessment for the Downtown San Rafael Business Improvement District (ED) Downtown BID Assessment Annual Renewal RESOLUTION 14739 - RESOLUTION DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT g. Caltrans Maintenance Agreement Resolution Approving and Authorizing the City Manager to Execute a Project Specific Maintenance Agreement with the State of California Department of Transportation (Caltrans) for Maintenance of Portions of Lucas Valley Road and Smith Ranch Road Within State Right-Of-Way (PW) Caltrans Maintenance Agreement RESOLUTION 14740 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF PORTIONS OF LUCAS VALLEY ROAD AND SMITH RANCH ROAD WITHIN STATE RIGHT-OF-WAY h. Southern Heights Retaining Wall Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas and Company, Inc. for Engineering Design and Environmental Clearance Services Associated with the Southern Heights Boulevard at Courtright Road Retaining Wall Project In an Amount Not to Exceed $114,000 (PW) Southern Heights Retaining Wall RESOLUTION 14741 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARK Page 4 of 9 THOMAS AND COMPANY, INC. FOR ENGINEERING DESIGN AND ENVIRONMENTAL CLEARANCE SERVICES ASSOCIATED WITH THE SOUTHERN HEIGHTS BOULEVARD AT COURTRIGHT ROAD RETAINING WALL PROJECT IN AN AMOUNT NOT TO EXCEED $114,000 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None The following item was held from the Consent Calendar: c. Short-Term Rental Ordinance Final Adoption of Ordinance 1976: An Ordinance of the City of San Rafael City Council Amending Section 14.03.030 and Section 3.20.020 of the San Rafael Municipal Code, and Adding New Chapter 10.110 Entitled "Short-Term Rental Program" (CC) Short-Term Rental Ordinance Community Development Department Professional Analyst Ethan Guy responded to questions from the City Council Mayor Phillips invited public comment Speakers: John Reynolds There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Gamblin moved and Councilmember McCullough seconded to approve Final Adoption of Ordinance 1976 Final Adoption of Ordinance 1976 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATIONS: 5. Special Presentations: a. Proclamation Supporting Shop San Rafael Mayor Phillips presented a Proclamation Supporting Shop San Rafael to members of San Rafael Downtown Business Improvement District (BID) PUBLIC HEARINGS 6. Public Hearings: a. Tri-Annual Building Code Ordinance Amendments Final Adoption of Ordinance 1974: An Ordinance of the City of San Rafael City Page 5 of 9 Council Amending Title 12 of the San Rafael Municipal Code Adopting the 2019 California State Construction Codes with Amendments (CD) Tri-Annual Building Code Ordinance Amendments Correspondence Chief Building Official Don Jeppson presented the staff report Staff responded to questions from the City Council Mayor Phillips invited public comment Speakers: Bill Carney, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public comment period Staff responded to questions from the City Council and the public Councilmember Colin moved and Councilmember McCullough seconded to approve the final adoption of Ordinance 1974 Final Adoption of Ordinance 1974 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Tri-Annual Fire Code Ordinance Amendments Final Adoption of Ordinance 1975: An Ordinance of the City of San Rafael City Council Amending Chapter 4.08 of the San Rafael Municipal Code to Adopt By Reference the California Fire Code 2019 Edition with Amendments, the International Fire Code 2018 Edition, and Appendix A of the 2018 International Wildland-Urban Interface Code and Adopting Findings of Fact Supporting the Amendments to Such Codes (FD) Tri-Annual Fire Code Ordinance Amendments Deputy Fire Chief Sinnott presented the staff report Mayor Phillips invited public comment, however there was none Councilmember McCullough moved and Councilmember Gamblin seconded to approve the f inal adoption of Ordinance 1975 Final Adoption of Ordinance 1975 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS Page 6 of 9 7. Other Agenda Items: a. Exclusive Negotiating Agreement with Goldstone Management Inc. Resolution Approving and Authorizing the City Manager to Execute An Agreement to Negotiate Exclusively with Goldstone Management Inc. Regarding Redevelopment of 1009 and 1001 Fourth Street, 924-926 Third Street, and the Third Street and Lootens Plaza Parking Garage (ED) Exclusive Negotiating Agreement with Goldstone Management Inc. Economic Development Director Danielle O'Leary presented the staff report with Goldstone Management Jerry Ramiza, Burke, Williams & Sorensen noted language amendments to originally proposed resolution due to recent changes in legislation (AB 1434) Staff and Goldstone Management responded to questions from the City Council Mayor Phillips invited public comment Speakers: Bill Carney, Sustainable San Rafael, John Reynolds, Lillian Trac Paul Goldstone responded to questions from the public There being no further comment from the audience, Mayor Phillips closed the public comment period Staff responded to questions from the public Councilmember McCullough responded to comments from the public Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution as amended to add the the following two recitals: WHEREAS, recently enacted AB 1486 amends the Surplus Lands Act to require that, except where property is considered “exempt surplus land,” a local agency, including a city, disposing of real property not needed for certain narrowly defined agency uses, must first offer the property for sale to housing sponsors, school districts and parks districts for affordable housing, educational purposes or parks purposes, as applicable; NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael as follows: 2. The City Council hereby finds that the property subject to the ENA is “exempt surplus land” as defined in Section 54221(f)(1)(F) because the potential transaction contemplated by the ENA will necessarily involve the exchange of City’s land for another property for the City’s use in that Developer will be required to develop a new replacement garage and convey back to City a real property interest to ensure the public’s right to use the replacement public parking spaces. Page 7 of 9 RESOLUTION 14742 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO NEGOTIATE EXCLUSIVELY WITH GOLDSTONE MANAGEMENT INC. REGARDING REDEVELOPMENT OF 1009 AND 1001 FOURTH STREET, 924-926 THIRD STREET, AND THE THIRD STREET AND LOOTENS PLAZA PARKING GARAGE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. East San Rafael Parking Study Report on Initial Implementation of the East San Rafael Parking Study (PW) East San Rafael Parking Study Deputy Public Works Director Rafat Raie presented the staff report along with W-Trans consultant Mark Spencer Staff and W-Trans responded to questions from the City Council Mayor Phillips invited public comment Speakers: Joanne Webster, San Rafael Chamber of Commerce President, Kate Sprague, Dave Bonfilio, Lillian Trac, Ross Bishop, John Reynolds, Darlin Ruiz Moreno There being no further comment from the audience, Mayor Phillips closed the public comment period Staff and W -Trans responded to questions from the City Council. The City Council provided comments Councilmember Bushey moved and Councilmember McCullough seconded to accept the report and provided feedback to staff to return to the City Council with information on a Permit Program, to perform additional outreach to landlords, and to increase enforcement Accepted report with feedback AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None c. Year-End Financial Statements and Related Audit Reports Fiscal Year 2018-2019 Annual Financial Report; Gann Appropriations Limit; Memorandum on Internal Control; and the Child Development Program (Childcare) Financial Report (Fin) Year-End Financial Statements and Related Audit Reports Finance Director Nadine Hade presented the staff report and introduced Katherine Yuen of Maze & Associates who provided comments Page 8 of 9 Mayor Phillips invited public comment; however, there was none Councilmember Gamblin moved and Councilmember Bushey seconded to accept the reports Accepted reports AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None d. Local 1021 - Child Care Unit Memorandum of Understanding Resolution Approving the Memorandum the Understanding Between the City and SEIU Local 1021 - Child Care Unit Pertaining to Compensation and Working Conditions (November 1, 2019 Through October 31, 2021) (HR) SEIU Local 1021 - Child Care Unit Memorandum of Understanding Assistant City Manager Cristine Alilovich presented the staff report Mayor Phillips invited public comment; however, there was none Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14743 - RESOLUTION APPROVING THE MEMORANDUM THE UNDERSTANDING BETWEEN THE CITY AND SEIU LOCAL 1021 – CHILD CARE UNIT PERTAINING TO COMPENSATION AND WORKING CONDITIONS (NOVEMBER 1, 2019 THROUGH OCTOBER 31, 2021) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None e. Third Street Rehabilitation - Contract for Design and Environmental Services Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for Engineering Design and Environmental Clearance Services Associated with the Third Street Rehabilitation Project In An Amount Not to Exceed $925,782 (PW) Third Street Rehabilitation - Contract for Design and Environmental Services Public Works Director Bill Guerin presented the staff report Mayor Phillips invited public comment Bill Carney, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public comment period Page 9 of 9 Councilmember Colin moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14744 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR ENGINEERING DESIGN AND ENVIRONMENTAL CLEARANCE SERVICES ASSOCIATED WITH THE THIRD STREET REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $925,782 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 reported on Marin Transit District approving the purchase of a bus storage site • Councilmember Gamblin requested an update on e-cigarettes and vaping • Councilmember Bushey reported that Central Marin Sanitation Agency (CMSA) entered into an agreement to allow Marin Airporter to park buses in construction yard overnight • Mayor Phillips reported on phase 2 of the SMART to Larkspur extension SAN RAFAEL SUCCESSOR AGENCY: 1. Consent Calendar: - None. ADJOURNMENT: Mayor Phillips closed the meeting in honor and memory of Gary Frugoli, former City Councilmember, and adjourned to Closed Session at 10:04 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2019 _____________________________ GARY O. PHILLIPS, Mayor