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Home My WebLink AboutCC SA Minutes 2016-05-02 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, May 2, 2016 Regular Meeting San Rafael City Council MINUTES Present: Vice-Mayor Colin Councilmember Bushey Councilmember Gamblin Councilmember McCullough Absent: Mayor Phillips Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION – COUNCIL CHAMBERS – 5:30 PM 1. Vice-Mayor Colin announced Closed Session item CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:30 PM 2. Closed Session: a. Conference with Labor Negotiators – Government Code §54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Jim Schutz, Cristine Alilovich, Stacey Peterson, Danielle Ferrigno, Sylvia Gonzales, Mark Moses, Robert Epstein Employee Organizations: All Bargaining Units  City Attorney Robert Epstein announced that no reportable action was taken OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM: Walter Cox addressed Council regarding overnight RV parking, and gambling enforcement Cathy Manovi thanked Community Development Director Paul Jensen and staff for working with residents on fence height exception permits for homes where privacy was impacted by SMART build-outs SPECIAL PRESENTATION: 3. Special Presentation: a. Presentation by County of Marin on the Gallinas Creek Watershed Program (CM) 1 Kevin McGowan, Interim Public Works Director, introduced Laurie Williams, Marin County Public Works, Flood Control Office, Liz Louis, and Craig Tackabery, Chief Assistant Public Works Director. Laurie Williams Councilmember Bushey / Laurie Williams Vice-Mayor Colin / Laurie Williams Vice-Mayor Colin / Laurie Williams Councilmember Gamblin / Laurie Williams Councilmember McCullough / Laurie Williams Councilmember Gamblin / Laurie Williams Kevin McGowan City Attorney Robert Epstein Vice-Mayor Colin invited public comment Judy Shriebman, Gallinas Watershed Council Greg Andrew Bill Carney, Sustainable San Rafael Kate Powers Jeff Rhodes Ray Lorber Vice-Mayor Colin There being no further comment from the audience, Vice-Mayor Colin closed the public comment period CONSENT CALENDAR: 4. Consent Calendar Items: Councilmember McCullough moved and Councilmember Bushey seconded to approve Consent Calendar Items: Vice-Mayor Colin invited public comment; however, there was none 2 a. Report on Annual Filings 2015 – Fair Political Practices Commission Form 700, Statement of Economic Interests, for Designated Employees, Including Consultants, Design Review Board, Park And Recreation Commission and Successor Agency Oversight Board (CC) – File 9-4-3 FPPC Annual Filings 2015 Accepted report. b. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Monte Deignan and Associates for Hazardous Materials Consulting in an Amount Not to Exceed $30,685 (CM) – File 4-3-617 Hazardous Materials Survey RESOLUTION 14107 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTE DEIGNAN AND ASSOCIATES FOR HAZARDOUS MATERIALS CONSULTING IN AN AMOUNT NOT TO EXCEED $30,685 c. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Enovity, Inc. for Commissioning Services in an Amount Not to Exceed $163,500 (CM) – File 4-3-618 Essential Facilities Commissioning Services RESOLUTION 14108 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ENOVITY, INC. FOR COMMISSIONING SERVICES IN AN AMOUNT NOT TO EXCEED $163,500 d. Resolution of Appreciation to all Small Businesses in San Rafael and Designation of May 1 - 7, 2016 as Small Business Week (ED) – File 102 Small Business Week RESOLUTION 14109 – RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN RAFAEL AND DESIGNATION OF MAY 1 – 7, 2016 AS SMALL BUSINESS WEEK e. Resolution Approving a Professional Services Agreement with Marin Housing for the Administration of the Below Market Rate (BMR) Rental Housing Program for Fiscal Year 2015-16 Through Fiscal Year 2017-18 (ED) – File 229 BMR Housing Program RESOLUTION 14110 – RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MARIN HOUSING FOR THE ADMINISTRATION OF THE BELOW MARKET RATE (BMR) RENTAL HOUSING PROGRAM FOR FISCAL YEAR 2015-16 THROUGH FISCAL YEAR 2017-18 f. Resolution Setting the District Tax for Loch Lomond #10 for Fiscal Year 2016-2017 at $578 Per Parcel, Excepting Exempt Assessor Parcel No's. 16-330-12, 13, 14 (Fin) – File 6-50 x 9-12-1 Loch Lomond #10 District Tax 3 RESOLUTION 14111 – RESOLUTION SETTING THE DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 2016-2017 AT $578 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NO’S. 16-330-12, 13, 14 g. Accept Investment Report for the Quarter Ended March, 2016 (Fin) – File 8-18 x 8-9 City Quarterly Investment Report Accepted Report h. Second Reading and Final Adoption of Ordinance No. 1939 - An Ordinance of the City of San Rafael Amending Chapter 8.19 of the San Rafael Municipal Code Entitled "Social Host Ordinance" by Extending it to Apply to Loud and Unruly Parties Where Controlled Substances are Served To, Possessed By, or Ingested by Underage Persons (PD) – File 13-1 x 9-3-30 Social Host Ordinance Final Adoption Approved final adoption of Ordinance No. 1939 i. Resolution of Appreciation in Support of National Bike Month (PW) – File 102 National Bike Month RESOLUTION 14112 – RESOLUTION OF APPRECIATION IN SUPPORT OF NATIONAL BIKE MONTH AYES: Councilmembers: Bushey, Gamblin, McCullough & Vice-Mayor Colin NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Phillips SPECIAL PRESENTATIONS: 5. Special Presentations: Vice-Mayor Colin b. Presentation of Resolution of Appreciation in Support of National Bike Month Vice-Mayor Colin presented the Resolution of Appreciation in support of National Bike Month to Kate Powers, Bicycle and Pedestrian Advisory Committee Kate Powers, Bicycle & Pedestrian Advisory Committee a. Presentation of Small Business Week Resolution of Appreciation Vice-Mayor Colin presented the Resolution of Appreciation for Small Business Week to representatives of the San Rafael Chamber of Commerce and the Small Business Community Stephanie Plante, CPI, introduced Hossein Bakhtiari, City Carpets, Joanne Webster, CEO, Chamber of Commerce, Carol Thompson, Business Improvement District, and Bob Herbst, Board Chair 4 Stephanie Plante, Economic Vitality Committee Chair, gave a presentation Councilmember McCullough Stephanie Plante PUBLIC HEARING: 6. Public Hearing: a. Consideration of an Ordinance of the City Council of the City of San Rafael Continuing the Paramedic Tax Rates, Commencing with Fiscal Year 2016-2017, at the Rates Established in Ordinance No. 1911 for Residential and Non-Residential Properties in the City of San Rafael County Service Area No. 13, and County Service Area No. 19. ($89.00 for Residential and $0.12 Per Square Foot for Non-Residential Properties), and for Residential and Non-Residential Properties in the Marinwood Community Services District ($85.00 for Residential and $0.11 Per Square Foot for Non-Residential Properties) (Fin) – File 9-12-1 x 9-3-31 Paramedic Services Tax Rate Danielle Ferrigno, Finance Management Analyst, presented the staff report Councilmember Gamblin / Danielle Ferrigno Vice-Mayor Colin declared the public hearing opened; however, there was no comment from the audience. Councilmember Bushey / Danielle Ferrigno City Manager Jim Schutz Councilmember McCullough The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2016-2017, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1911 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES), AND FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES) Councilmember McCullough moved and Councilmember Bushey seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1940 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Gamblin, McCullough & Vice-Mayor Colin NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Phillips 5 OTHER AGENDA ITEMS: 7. Other Agenda Items: a. Resolution Authorizing the Sonoma Marin Area Rail Transit (SMART) Agency to Utilize a Portion of the Merrydale Road Right-of-Way (Adjacent to 380 Merrydale Road) for Riparian Restoration (CD/PW) – File 245 SMART Merrydale Rd. Right-of-Way Paul Jensen, Community Development Director, presented the staff report Councilmember Gamblin / Paul Jensen Kevin McGowan, Interim Public Works Director Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Kevin McGowan Councilmember Bushey / Paul Jensen Councilmember McCullough / Paul Jensen / Kevin McGowan Councilmember McCullough / Kevin McGowan Councilmember McCullough / Kevin McGowan Councilmember McCullough / Kevin McGowan Vice-Mayor Colin / Kevin McGowan Councilmember Gamblin / Paul Jensen Councilmember Gamblin / Kevin McGowan / Paul Jensen Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Paul Jensen Vice-Mayor Colin / Paul Jensen Vice Mayor Colin / Paul Jensen Vice-Mayor Colin invited public comment Bill Carney, Sustainable San Rafael Kathy Manovi 6 Judy Shriebman, Gallinas Watershed Council Taylor Peterson Greg Andrew Kate Powers, Bicycle and Pedestrian Advisory Committee There being no further comment from the audience, Vice-Mayor Colin closed the public comment period Paul Jensen Councilmember Bushey / Paul Jensen Councilmember Bushey / Paul Jensen / Kevin McGowan Vice-Mayor Colin / Paul Jensen / Kevin McGowan Vice-Mayor Colin / Kevin McGowan Vice-Mayor Colin / Kevin McGowan Councilmember Gamblin Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Kevin McGowan Vice-Mayor Colin / Paul Jensen Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution subject to change of monitoring from three years to five years; and to direct staff to pursue ongoing persistent negotiations with SMART in an effort to achieve the connectivity so desired by the community in the area. RESOLUTION 14113 – RESOLUTION AUTHORIZING THE SONOMA MARIN AREA RAIL TRANSIT (SMART) AGENCY TO UTILIZE A PORTION OF THE MERRYDALE ROAD RIGHT-OF-WAY (ADJACENT TO 380 MERRYDALE ROAD) FOR RIPARIAN RESTORATION AYES: Councilmembers: Bushey, Gamblin, McCullough & Vice-Mayor Colin NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Phillips b. Preliminary City Operating Budget for Fiscal Year 2016-2017 (Fin) – File 8-5 Preliminary Budget 2016-17 Mark Moses, Finance Director, presented the staff report Councilmember Gamblin / Mark Moses 7 Councilmember Gamblin / Mark Moses Vice-Mayor Colin / Mark Moses Mark Moses continued with his presentation of the staff report City Manager Jim Schutz Vice-Mayor Colin invited public comment Kate Powers There being no further comment from the audience, Vice-Mayor Colin closed the public comment period Councilmember McCullough / Mark Moses Councilmember McCullough / Mark Moses / Jim Schutz Councilmember McCullough / Mark Moses Vice-Mayor Colin / Jim Schutz Councilmember Bushey Councilmember Gamblin / Mark Moses Councilmember Gamblin / Mark Moses Councilmember Gamblin / Mark Moses Councilmember Bushey moved and Councilmember Gamblin seconded to accept the report Accepted report AYES: Councilmembers: Bushey, Gamblin, McCullough & Vice-Mayor Colin NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Phillips CITY MANAGER’S REPORT: 8. City Manager’s Report:  City Manager Jim Schutz announced Public Service Recognition Week, as well as the Employee Recognition Luncheon on May 10th COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 9. Councilmember Reports: 8 Vice-Mayor Colin read a proclamation in support of Public Service Recognition Week Councilmember Bushey announced that she attended the opening of Beach Park Vice-Mayor Colin reported:  She spoke at the Loch Lomond Homeowners Association’s annual meeting;  Attended Climate Change Action Plan quarterly meeting;  Attended the City/Schools Dinner;  Attended Supervisor Connolly's Criminal Behavior Justice Meeting on homelessness; and  Attended the Transportation Authority of Marin (TAM) ad-hoc meeting SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: Member Bushey moved and Member McCullough seconded to Approve Consent Calendar a. Accept Investment Report for the Quarter Ended March, 2016 (Fin) – File SA Financial Reports SA Quarterly Investment Report Accepted report AYES: Members: Bushey, Gamblin, McCullough & Vice-Chair Colin NOES: Members: None ABSENT: Members: Chairman Phillips ADJOURNMENT – 9:20 p.m. _________________________________ ESTHER C. BEIRNE, City Clerk APPROVED THIS_____DAY____OF_______, 2016 _____________________________________ GARY O. PHILLIPS, Mayor 9