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Home My WebLink AboutCC SA Minutes 2015-07-06IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, July 6, 2015 M5lur.n t1�+M i. Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice -Mayor McCullough Councilmember Bushey Councilmember Gamblin Absent: Councilmember Colin Also Present: City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM Mayor Phillips announced Closed Session items. CLOSED SESSION- THIRD FLOOR CONFERENCE ROOM - 6:00 PM 2. Closed Session: a. Conference with Labor Negotiators- Government Code Section 54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Robert Epstein Employee Organization - SEW City Attorney Robert Epstein announced that no reportable action was taken at Closed Session 2.a. He also reported that no reportable action was taken at the closed session held following the June 1, 2015 City Council meeting regarding 750 Grand Avenue. b. At the conclusion of City Council meeting: Conference with Legal Counsel - Anticipated Litigation - Government Code Section 54956.9(d)(2); One Case: (Aura Celeste Machado -Pedestrian Fatality, Pt. San Pedro Road) OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM Sue Carlomagno, Italian Street Painting Marin, thanked Council and staff for all of their help and introduced Program Director, Julie Jehly Julie Jehly introduced herself as the new Program Director of Italian Street Painting Marin Mayor Phillips / Sue Carlomagno Michael Mackintosh thanked Mayor Phillips for working with the Marin History Museum CONSENT CALENDAR: 3. Consent Calendar Items: Items 3.b and 3.g held from the Consent Calendar for comment Kevin HagertV, Pt. San Pedro Rd. Coalition, informed Council that they will be working with the Acti Public Works Director reaardina Pt. San Pedro Rd. Landscaoina Assessment District Councilmember Bushey moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of City Council Special Meeting and City Council/Successor Agency Regular Meeting June 15, 2015 (CC) Minutes CCSA 06/15/2015 Minutes SPCC 06/15/2015 APPROVED AS SUBMITTED C. Resolution to Authorize the City Manager to Enter Into a Professional Services Agreement with the Phoenix Group for Information Technology Project Management Services (MS) — File 4-3-593 Information Technology Project Mgmt. Services RESOLUTION 13953 - RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE PHOENIX GROUP FOR INFORMATION TECHNOLOGY PROJECT MANAGEMENT SERVICES d. Resolution to Authorize the City Manager to Enter into a Professional Services Agreement with MarinlT, Inc. for Network Support Services (MS) — File 4-3-486 MarinlT Network Support RESOLUTION 13954 - RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MARINIT, INC., FOR NETWORK SUPPORT SERVICES e. Resolution to Waive Formal Bidding Procedures and Authorize the City Manager to Enter into Agreements with AT&T to Purchase Telecommunications Services Under the State of California's CALNET 3 Contract (MS) — File 4-3-594 AT&T CALNET3 Contract RESOLUTION 13955 - RESOLUTION TO WAIVE FORMAL BIDDING PROCEDURES AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH AT&T TO PURCHASE TELECOMMUNICATIONS SERVICES UNDER THE STATE OF CALIFORNIA'S CALNET 3 CONTRACT Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Lawrence Moss for Risk Management Services (MS) — File 4-3-595 Risk Mgmt. Services RESOLUTION 13956 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LAWRENCE MOSS FOR RISK MANAGEMENT SERVICES h. Completion of the Citywide Traffic Signal LED Relamping Project, City Project 11253, and Authorize the City Clerk to File Notice of Completion (PW) — File 4-1-659 LED Relamping Completion APPROVED STAFF RECOMMENDATION Resolution Authorizing the Acting Director of Public Works to Execute an Agreement with Park Engineering, Inc. for Professional Engineering Services, in an Amount not to Exceed $367,403.18 (PW) — File 4-3-555 Park Engineering Agr. RESOLUTION 13957 - RESOLUTION AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH PARK ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $367,403.18 j. Resolution Authorizing the Acting Director of Public Works to Execute an Agreement with Kimley-Horn & Associates, Inc. for Professional Engineering Services for Various Traffic Engineering Services in an Amount not to Exceed $60,000 (PW) — File 4-3-596 Kimley-Horn Agr. RESOLUTION 13958 - RESOLUTION AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS TRAFFIC ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $60,000.00 k. Point San Pedro Road Median Landscaping Assessment District Annual Report (PW) — File 6-56 Resolution Directing Filing of Engineer's Annual Report 2015/2016 Resolution Approving Engineer's Annual Report 2015/2016 3. Resolution of Intention to Order Improvements and Setting Public Hearing on Annual Assessment for City Council Meeting of July 20, 2015 Pt. San Pedro Assessment District RESOLUTION 13959 - RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT 2015/2016 RESOLUTION 13960 - RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT 2015/2016 RESOLUTION 13961 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY 20, 2015 Baypoint Lagoons Landscaping and Lighting Assessment District Annual Report: (PW) — File 6-48 Resolution Directing Filing of Engineer's Annual Report 2015/2016 Resolution Approving Engineer's Annual Report 2015/2016 Resolution of Intention to Order Improvements and Setting Public Hearing on Annual Assessment for City Council Meeting of July 20, 2015 Baypoint Lagoons Assessment District RESOLUTION 13962 - RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT 2015/2016 RESOLUTION 13963 - RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT 2015/2016 RESOLUTION 13964 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY 20, 2015 AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin The following item was removed from the Consent Calendar at the request of Chief Bishop: b. Resolution Authorizing Street Closures for the Final Leg Torch Run for the 2015 Special Olympics on Monday, July 13, 2015, Fourth Street from Lootens to A Street from 6:00 p.m. - 10:00 P.M. (ED) — File 11-19 2015 Special Olympics Chief of Police Diana Bishop discussed the Final Leg Torch Run for the 2015 Special Olympics Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13965 - RESOLUTION AUTHORIZING STREET CLOSURES FOR THE FINAL LEG TORCH RUN FOR THE 2015 SPECIAL OLYMPICS ON MONDAY, JULY 13TH 2015, FOURTH STREET FROM LOOTENS TO A STREET FROM 6:00 PM - 10:00 PM AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin 11 The following item was removed from the Consent Calendar at the request of Lt. Correa: g. Resolution Amending an Existing Agreement with the California State Parks, Division of Boating and Waterways, to Allow Trained City of San Rafael Fire Department Personnel to Operate the Police Vessel, Rescue 22 (PD) — File 9-3-30 x 9-3-31 Police Vessel Agr. Police Lieutenant Jim Correa presented the staff report Mayor Phillips Councilmember McCullough / Lt. Correa Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13966 - RESOLUTION AMENDING AN EXISTING AGREEMENT WITH THE CALIFORNIA STATE PARKS, DIVISION OF BOATING AND WATERWAYS, TO ALLOW TRAINED CITY OF SAN RAFAEL FIRE DEPARTMENT PERSONNEL TO OPERATE THE POLICE VESSEL, RESCUE 22 AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin OTHER AGENDA ITEMS: 4. Other Agenda Items: a. Resolution Approving and Authorizing the Mayor to Execute the City's Response to the 2014-2015 Marin County Grand Jury Report Entitled "Pension Enhancements: A Case of Government Code Violations and a Lack of Transparency" (CA) — File 269 Grand Jury Response - Pensions City Attorney Robert Epstein introduced Michael Colantuono, outside counsel Michael Colantuono, outside counsel, presented the staff report Councilmember McCullough / Michael Colantuono Councilmember McCullough / Michael Colantuono Councilmember Bushey / Michael Colantuono Councilmember Bushey / Michael Colantuono Councilmember Gamblin / Michael Colantuono Councilmember Gamblin / Michael Colantuono Councilmember Gamblin / Michael Colantuono Councilmember Gamblin / Michael Colantuono Councilmember Gamblin / Michael Colantuono Mayor Phillips invited public comment Speaker Bob Briare, President of Marin Professional Firefighters Don Krier David Brown Paul Premo, CSPP Core Group Michael Mackintosh Mayor Phillips closed the public comment period Michael Colantuono Mayor Phillips / Michael Colantuono Mayor Phillips / Michael Colantuono Councilmember McCullough / Michael Colantuono Jack Nixon, Foreperson of the 2014/2015 Marin County Civil Grand Jury Mayor Phillips / Jack Nixon Councilmember Gamblin Councilmember Bushey Mayor Phillips Councilmember McCullough Michael Colantuono offered a replacement sentence in the response to F5: "The City's compliance with Government Code Section 7507 had those defects noted in the attached memo; however, the City is advised by independent counsel that these defects do not allow the City to revisit its contractual commitments to its employees and retirees." Councilmember McCullough Councilmember Bushey Councilmember McCullough 0 Mayor Phillips City Attorney Robert Epstein Michael Colantuono Mayor Phillips Councilmember McCullough Councilmember Gamblin Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution subject to the revision to our response to F5 as discussed RESOLUTION 13967 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY'S RESPONSE TO THE 2014-2015 MARIN COUNTY GRAND JURY REPORT ENTITLED "PENSION ENHANCEMENTS: A CASE OF GOVERNMENT CODE VIOLATIONS AND A LACK OF TRANSPARENCY" AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: Gamblin ABSENT: Councilmembers: Colin Jack Nixon b. Resolution Authorizing the City Manager to Enter into an Agreement for Services with the Downtown Streets Team in an Amount not to Exceed $172,000 (ED) — File 4-3-543 x 4-13- 130 Downtown Streets Team Agr. Stephanie Lovette. Economic Development Manaaer. presented the staff report Councilmember McCullough / Stephanie Lovette Mayor Phillips Councilmember McCullough / Stephanie Lovette Mayor Phillips Councilmember Bushey Mayor Phillips invited public comment; however, there was none Councilmember Gamblin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 13968 - RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SERVICES WITH THE DOWNTOWN STREETS TEAM IN AN AMOUNT NOT TO EXCEED $172,000 AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin CITY MANAGER'S REPORT: 5. City Manager's Report Councilmember Gamblin stated that, since he would not be in attendance at Nancy Mackle's last City Council meeting on July 20`h, he wanted to thank her for helping him get integrated when appointed Councilmember. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 6. Councilmember Reports Councilmember McCullough reported on a meeting he participated in today regarding safety on Pt. San Pedro Rd. SAN RAFAEL SUCCESSOR AGENCY 7. Consent Calendar: None ADJOURNMENT 8:25 PM Mayor Phillips adjourned the meeting in memory of Jake Ours, recently deceased. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF , 2015 GARY O. PHILLIPS, Mayor E✓,