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Home My WebLink AboutCC SA Minutes 2016-08-15IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, August 15, 2016 AEON Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Councilmember Colin Councilmember Bushey Councilmember Gamblin Councilmember McCullough Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS — 5:00 PM 1. Mayor Phillips announced Closed Session items: CLOSED SESSION — THIRD FLOOR CONFERENCE ROOM — 5:00 PM 2. Closed Session: a. Conference With Legal Counsel -Pending Litigation, Government Code §54956.9(d)(1) Mittelstaedt, et al. v. City of San Rafael, et al., Marin Superior Court Case No. CIV 1304982 b. Conference With Legal Counsel -Pending Litigation, Government Code §54956.9(d)(1) Donald and Joyce Burrows v. City of San Rafael, et al., Marin County Superior Court Case No. CIV 1502022 C. Conference with Labor Negotiators - Government Code §54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Lisa Charbonneau, Rick Bolanos, Jim Schutz, Cristine Alilovich, Stacey Peterson, Danielle Ferrigno, Sylvia Gonzalez, Mark Moses, Robert Epstein Employee Organizations: All Bargaining Units • City Attornev Robert Epstein announced that no reportable action was taken in closed session OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: Michael Parsons addressed Council regarding SMART Kate Wanvia addressed Council regarding parking at Spinnaker Point Mavor Phillips Richard Grav, 350Marin, addressed Council regarding Climate Change Joanie Ciardelli addressed Council regarding parking at Spinnaker Point CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember McCullough moved and Councilmember Colin seconded to approve Consent Calendar Items: a. Approval of Minutes of Regular City Council / Successor Agency Meeting of August 1, 2016 (CC) Minutes 08/01/2016 Approved as submitted b. Call for Applications to Fill Two Four -Year Terms and One Alternate Four -Year Term on the Park and Recreation Commission to the End Of October, 2020, Due to Expiration of Terms of Jeff Jones, Tom Obletz and Cicily Emerson (Alternate) (CC) — File 9-2-4 Park & Rec Vacancies Approved staff recommendation C. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with HF&H Consultants, LLC in an Amount Not to Exceed $69,855 for Work on the Annual Refuse Rate Review for the Cities of San Rafael & Larkspur, Town of Ross, Las Gallinas Valley Sanitary District and the County of Marin (CM) — File 4-3-306 x 4-3-32 Annual Refuse Rate Review RESOLUTION 14170 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH HF&H CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $69,855 FOR WORK ON THE ANNUAL REFUSE RATE REVIEW FOR THE CITIES OF SAN RAFAEL & LARKSPUR, TOWN OF ROSS, LAS GALLINAS VALLEY SANITARY DISTRICT AND THE COUNTY OF MARIN d. Resolution Approving and Authorizing the City Manager to Execute a Contract for Professional Services with the County of Marin to Provide Multicultural Senior Activities at the Albert J. Boro Community Center (CS) — File 4-10-368 Senior Activitv Proaram Grant Fundina RESOLUTION 14171 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH THE COUNTY OF MARIN TO PROVIDE MULTICULTURAL SENIOR ACTIVITIES AT THE ALBERT J. BORO COMMUNITY CENTER e. Resolution Authorizing a Temporary Street Closure for the 100Marin Semi -Annual Fundraiser Event, Wednesday September 28, 2016; A Street from Third Street to Fourth Street, 1 p.m. — 10 p.m. (ED) — File 11-19 100Marin Street Closure 2 RESOLUTION 14172 — RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE FOR THE 100MARIN SEMI-ANNUAL FUNDRAISER EVENT, WEDNESDAY SEPTEMBER 28,2016; A STREET FROM THIRD STREET TO FOURTH STREET, 1 P.M. — 10 P.M. Resolution Authorizing the City Manager to Enter into a Short Term Lease Agreement with Paramount Pictures Corporation, for Parking and Staging on the City Property Located at Rice Drive and Francisco Blvd West (APN 013-041-44) (ED) — File 2-10 Paramount Lease re: Rice Drive RESOLUTION 14173 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SHORT TERM LEASE AGREEMENT WITH PARAMOUNT PICTURES CORPORATION, FOR PARKING AND STAGING ON THE CITY PROPERTY LOCATED AT RICE DRIVE AND FRANCISCO BLVD WEST (APN 013-041-44) g. Resolutions: 1) Adopting Amendments to the City -Wide Budget for Fiscal Year 2015-2016; 2) Appropriating Unappropriated Revenues for Fiscal Year 2015-2016; and 3) Approving Fiscal Year 2016-2017 Gann Appropriations Limit at $123,841,017 (Fin) — File 8-5 Finance Matters RESOLUTION 14174 — RESOLUTION ADOPTING AMENDMENTS TO THE CITY-WIDE BUDGET FOR FISCAL YEAR 2015-2016 RESOLUTION 14175 — RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES FOR FISCAL YEAR 2015-2016 RESOLUTION 14176 — RESOLUTION APPROVING FISCAL YEAR 2016-2017 GANN APPROPRIATIONS LIMIT AT $123,841,017 h. Resolution Awarding a Construction Contract for the Brookdale Avenue Retaining Wall Project to Valentine Corporation, in the Amount of $196,369.00 (PW) — File 4-1-682 Brookdale Avenue Retaininq Wall RESOLUTION 14177 — RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE BROOKDALE AVENUE RETAINING WALL PROJECT TO VALENTINE CORPORATION, IN THE AMOUNT OF $196,369.00 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 4. Other Agenda Items: a. Resolution Approving a Memorandum of Understanding with Ritter Center Concerning Operational Changes at the Ritter Center Premises (CM) — File 10-2.7 Ritter Center MOU Citv Manager Jim Schutz Mavor Phillips Andrew Henina, Director of Homeless Planning and Outreach, presented the staff report Andrew Giacomini, Ritter Center's Legal Counsel Mavor Phillips Councilmember Gamblin / Andrew Heninq Councilmember Gamblin / Andrew Heninq Councilmember Gamblin / Andrew Heninq Councilmember Colin / Andrew Heninq Councilmember Bushev / Andrew Heninq Mavor Phillips invited public comment Mark Wittenkeller John Revnolds Huao Landecker, San Rafael Group Jackie Mark Levine There being no further comment from the audience, Mayor Phillips closed the public comment period Mavor Phillips / Andrew Henina Mavor Phillips / Andrew Henina Mavor Phillips Councilmember McCullouah Councilmember McCullough / City Attornev Robert Epstein Councilmember McCullough / Andrew Heninq Councilmember McCullough Councilmember Bushev Councilmember Gamblin / Andrew Heninq 4 Councilmember Gamblin Councilmember Colin Councilmember Colin / Andrew Henina Councilmember Colin / Cia Bvrnes, Ritter Center Executive Director Councilmember Colin Councilmember Colin / Andrew Giacomini Councilmember Colin / Andrew Heninq Councilmember Colin / Andrew Giacomini Councilmember Colin Councilmember Colin / Andrew Giacomini Councilmember Colin / Andrew Heninq Councilmember Colin Mavor Phillips Councilmember McCullough / Andrew Giacomini Councilmember McCullough / Andrew Giacomini Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution with the revision to recitals in both the resolution and MOU that removes the word "vested" from the statement identified earlier. Mavor Phillips / Councilmember McCullough Mavor Phillips / Andrew Giacomini Mavor Phillips / City Attornev Robert Epstein Councilmember Bushev / City Attornev Robert Epstein Mavor Phillips RESOLUTION 14178 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH RITTER CENTER CONCERNING OPERATIONAL CHANGES AT THE RITTER CENTER PREMISES AYES: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: Bushey ABSENT: Councilmembers: None b. Resolution of Necessity Authorizing the Acquisition of Property by Eminent Domain for the Grand Avenue Improvement Project (Code of Civil Procedure Section 1245.220) (ED) — File 3-6 Eminent Domain - 750 Grand Ave Mavor Phillips Tom Adams, Economic Development Coordinator, presented the staff report Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14179 — RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN FOR THE GRAND AVENUE IMPROVEMENT PROJECT (CODE OF CIVIL PROCEDURE SECTION 1245.220) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None C. Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for the San Rafael Firefighters' Association (July 1, 2016 through June 30, 2018) (HR) — File 7-8-2 Firefighters' Association MOU Mavor Phillips Stacev Peterson, Human Resources Director, presented the staff report Mavor Phillips Mavor Phillips invited public comment; however, there was none Mavor Phillips Councilmember McCullough Councilmember McCullough moved and Councilmember Bushey seconded to direct staff to return with Resolution approving MOU Directed staff to return with Resolution approving MOU AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Mavor Phillips combined items 4.d, 4.e & 4.f Stacev Peterson, Human Resources Director, presented the staff reports 11 Mavor Phillips invited public comment; however, there was none d. Discussion and Consideration of Resolution Pertaining to Compensation and Working Conditions for Unrepresented Mid -Management Employees ("Mid -Managers") (July 1, 2016 through June 30, 2018) (HR) — File 7-3 Mid-Manaaement Compensation Councilmember Bushey moved and Councilmember Gamblin seconded to direct staff to return with Resolution for adoption Directed staff to return with Resolution for adoption AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None e. Discussion and Consideration of Resolution Pertaining to Compensation and Working Conditions for Unrepresented Executive Management Employees ("Executives") (July 1, 2016 through June 30, 2018) (HR) — File 7-3 Executive Manaaement Compensation Councilmember Bushev moved and Councilmember Gamblin seconded to direct staff to return with Resolution for adoption Directed staff to return with Resolution for adoption AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Discussion and Consideration of Resolution Pertaining to Compensation and Working Conditions for the Elected City Clerk and Elected Part -Time City Attorney (July 1, 2016 through June 30, 2018) (HR) — File 9-3-14 x 9-3-16 Elected Citv Clerk / Elected Part -Time Citv Attornev Compensation Councilmember Bushev moved and Councilmember Gamblin seconded to direct staff to return with Resolution for adoption Directed staff to return with Resolution for adoption AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None g. Consideration of a Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael's Response to the 2015-2016 Marin County Civil Grand Jury Report Entitled "The 911 First Responder Referral Program: More Than a Band-Aid for Seniors" (FD) — File 269 7 Grand Jury First Responder Referral Proqram Fire Chief Chris Grav presented the staff report Mavor Phillips invited public comment; however, there was none Councilmember Colin Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14180 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL'S RESPONSE TO THE 2015-2016 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED "THE 911 FIRST RESPONDER REFERRAL PROGRAM: MORE THAN A BAND- AID FOR SENIORS" AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None h. Consideration of a Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael's Response to the 2015-2016 Marin County Civil Grand Jury Report Entitled "Law Enforcement Citizen Complaint Procedures: The Grand Jury Has a Few Complaints" (PD) — File 269 Grand Jury Citizen Complaint Procedures Police Lieutenant Alan Piombo presented the staff report Mavor Phillips Mavor Phillips / Lieutenant Piombo Mavor Phillips invited public comment; however, there was none Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14181 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL'S RESPONSE TO THE 2015-2016 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED "LAW ENFORCEMENT CITIZEN COMPLAINT PROCEDURES: THE GRAND JURY HAS A FEW COMPLAINTS" AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Consideration of a Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael's Response to the 2015-2016 Marin County Civil Grand Jury Report Entitled "Marin's Hidden Human Sex Trafficking Challenge, It's Happening in Our Backyard" (PD) — File 269 Grand Jury Human Sex Trafficking N Chief of Police Diana Bishop presented the staff report Mavor Phillips invited public comment Walter Cox There being no further comment from the audience, Mayor Phillips closed the public comment period Chief Bishop Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14182 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL'S RESPONSE TO THE 2015-2016 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED "MARIN'S HIDDEN HUMAN SEX TRAFFICKING CHALLENGE, IT'S HAPPENING IN OUR BACKYARD" AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None j. Street Resurfacing 2015-2016: (PW) 1) Resolution Awarding the Construction Contract for the 2015-2016 Street Resurfacing Project to Ghilotti Construction Company, Inc., in the Amount of $1,663,185.70, and Appropriating an Additional $262,000.00 of Gas Tax Funds, Fund #206 — File 4-1-683 2) Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Park Engineering, Inc. for Inspection Services Associated with the 2015-2016 Street Resurfacing Project, in the Amount of $82,820.00 — File 4-1-684 Street Resurfacing 2015-2016 Citv Manager Jim Schutz Bill Guerin, Public Works Director, presented the staff report Councilmember Gamblin / Bill Guerin Councilmember Gamblin / City Manaqer Jim Schutz / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Colin / Bill Guerin Councilmember McCullough / Bill Guerin Councilmember McCullough Councilmember McCullough / Bill Guerin 0 Mayor Phillips invited public comment; however, there was none Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14183 — RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE 2015-2016 STREET RESURFACING PROJECT TO GHILOTTI CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $1,663,185.70, AND APPROPRIATING AN ADDITIONAL $262,000.00 OF GAS TAX FUNDS, FUND #206 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14184 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING, INC. FOR INSPECTION SERVICES ASSOCIATED WITH THE 2015-2016 STREET RESURFACING PROJECT, IN THE AMOUNT OF $82,820.00 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 5. City Manager's Report: • City Manaqer Jim Schutz announced that the upcoming San Rafael Police Department's Citizens Police Academy class is full COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 6. Councilmember Reports: • Councilmember Colin reported on the Homeless Outreach Team (HOT) program Mavor Phillips • Mayor Phillips reported on a meeting regarding the multi -use path, a meeting with Stephanie Moulton -Peters to discuss the Transit Center, and he announced that Volunteer & Sustainability Coordinator Cory Bytof was recognized as a "Sustainability Hero" yesterday, August 14, 2016. SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar - None ADJOURNMENT Adjourned at 9:25 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2016 10 GARY O. PHILLIPS, Mayor 11