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Home My WebLink AboutCC SA Minutes 2016-10-03IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, October 3, 2016 aLLu7on [Ylr el fl.e6i Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Councilmember Bushey Councilmember Gamblin Councilmember McCullough Absent: Councilmember Colin Also Present: City Manager Jim Schutz Assistant City Attorney Lisa Goldfien City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS — 5:30 PM Mayor Phillips 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: Lisa Charbonneau, Rick Bolanos, Jim Schutz, Cristine Alilovich, Stacey Peterson, Danielle Ferrigno, Sylvia Gonzalez, Mark Moses, Lisa Goldfien Employee Organizations: All Bargaining Units • Assistant Citv Attornev Lisa Goldfien announced that no reportable action was taken in closed session OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: Cathv Manovi addressed Council regarding the SMART multi -use path to the Civic Center Station Mavor Phillips Dil Kazzaz addressed Council regarding signage at the park at Redwood Village Tom Heinz CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember Bushey moved and Councilmember McCullough seconded to approve Consent Calendar Items: a. Approval of Minutes of Regular City Council / Successor Agency Meeting of September 19, 2016 (CC) CCSA Minutes 09/19/2016 Approved as submitted b. Resolution of Appreciation for Retiring Planning Commissioner Viktoriya Wise (CD) — File 102 RESOLUTION 14199 — RESOLUTION OF APPRECIATION FOR RETIRING PLANNING COMMISSIONER VIKTORIYA WISE C. Resolution Authorizing the City Manager to Execute an Agreement for Professional Planning Services with Metropolitan Planning Group (M -Group) to Provide Contract Planner Services (Agreement Term: October 3, 2016 through June 30, 2017, amount not - to -exceed $105,000) (CD) — File 4-3-623 Contract Planner Services RESOLUTION 14200 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH METROPOLITAN PLANNING GROUP (M -GROUP) TO PROVIDE CONTRACT PLANNER SERVICES (AGREEMENT TERM: OCTOBER 3, 2016 THROUGH JUNE 30, 2017, AMOUNT NOT -TO -EXCEED $105,000) d. Resolution in Opposition to Proposition 53 (CM) — File 116 x 9-1 Oppose Proposition 53 RESOLUTION 14201 — RESOLUTION IN OPPOSITION TO PROPOSITION 53 e. Resolution in Support of Proposition 54 (CM) — File 116 x 9-1 Support Proposition 54 RESOLUTION 14202 — RESOLUTION IN SUPPORT OF PROPOSITION 54 f. Resolution of Appreciation to People of Hispanic Descent in San Rafael and Designation of September 15 to October 15, 2016, as Hispanic Heritage Month (ED) — File 102 RESOLUTION 14203 — RESOLUTION OF APPRECIATION TO PEOPLE OF HISPANIC DESCENT IN SAN RAFAEL AND DESIGNATION OF SEPTEMBER 15 TO OCTOBER 15, 2016, AS HISPANIC HERITAGE MONTH g. Resolution of Appreciation for `Litquake San Rafael'— an All -Day Downtown Lit -Walk, on October 8, 2016 (ED) — File 102 RESOLUTION 14204 — RESOLUTION OF APPRECIATION FOR `LITQUAKE SAN RAFAEL' — AN ALL - DAY DOWNTOWN LIT -WALK, ON OCTOBER 8, 2016 2 h. Resolution Authorizing Street Closure of Fourth Street From Shaver to H Streets, Ida Street from Second Street to Fourth Street, G Street from Second Street to Fifth Avenue, and F Street from Fifth Avenue to Latham Street for the West End Village Fall Fun Day on October 16, 2016 from 7 a.m. to 9 p.m. (ED) — File 11-19 West End Fall Fun Dav Street Closure RESOLUTION 14205 — RESOLUTION AUTHORIZING STREET CLOSURE OF FOURTH STREET FROM SHAVER TO H STREETS, IDA STREET FROM SECOND STREET TO FOURTH STREET, G STREET FROM SECOND STREET TO FIFTH AVENUE, AND F STREET FROM FIFTH AVENUE TO LATHAM STREET FOR THE WEST END VILLAGE FALL FUN DAY ON OCTOBER 16, 2016 FROM 7 A.M. TO 9 P.M. Resolution Approving the Law Enforcement and Rotation Towing Service Schedule of Fees (MS) — File 9-10-2 x 9-3-87 x 9-3-30 x 11-8 Towing Service Fees RESOLUTION 14206 — RESOLUTION APPROVING THE LAW ENFORCEMENT AND ROTATION TOWING SERVICE SCHEDULE OF FEES j. Resolution Approving the Creation of a Deputy Public Works Director Classification and Salary Range; and to Reclassify an Associate Civil Engineer (Mid -Manager) Position to a Deputy Public Works Director Position (HR) — File 7-4 x 9-3-40 Deputy Public Works Director RESOLUTION 14207 — RESOLUTION APPROVING THE CREATION OF A DEPUTY PUBLIC WORKS DIRECTOR CLASSIFICATION AND SALARY RANGE; AND TO RECLASSIFY AN ASSOCIATE CIVIL ENGINEER (MID -MANAGER) POSITION TO A DEPUTY PUBLIC WORKS DIRECTOR POSITION k. Resolution Approving a Fixed -Term Project Manager Position and Salary Range (HR) — File 7-4 x 12-22 Fixed Term Proiect Manaqer Position RESOLUTION 14208 — RESOLUTION APPROVING A FIXED -TERM PROJECT MANAGER POSITION AND SALARY RANGE Resolution Authorizing the City Manager to Execute An Agreement with the Marin County Flood Control and Water Conservation District for Creek Maintenance (PW) — File 4-13-117 x 4-4-6B Creek Maintenance Aqreement RESOLUTION 14209 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR CREEK MAINTENANCE M. Resolution Authorizing the Public Works Director to Purchase 14 Vehicles for Various City Departments (PW) — File 9-3-40.1 Purchase Vehicles RESOLUTION 14210 — RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PURCHASE 14 VEHICLES FOR VARIOUS CITY DEPARTMENTS AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin SPECIAL PRESENTATIONS: 4. Special Presentations: a. Presentation of Resolution of Appreciation to Viktoriya Wise (CD) Mavor Phillips presented a Resolution of Appreciation to Viktoriya Wise, Retiring Planning Commissioner Viktoriva Wise Mavor Phillips b. Presentation of Resolution of Appreciation for Hispanic Heritage Month (ED) Mavor Phillips No representative in attendance, Resolution to be mailed. C. Presentation of Resolution of Appreciation for `Litquake San Rafael' Mavor Phillips presented the Resolution of Appreciation for `Litquake San Rafael' to Joel Eis, Bookstore owner. Joel Eis Mavor Phillips OTHER AGENDA ITEMS: 5. Other Agenda Items: Mavor Phillips a. Report on Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) Plan Bay Area 2040 Draft Preferred Scenario (P15-008) (CD) — File 281 Plan Bav Area 2040 Report Paul Jensen, Community Development Director, presented the staff report Mavor Phillips / Paul Jensen 4 Mavor Phillips / Paul Jensen Mavor Phillips / Paul Jensen Mavor Phillips Councilmember McCullough / Paul Jensen Councilmember Bushev / Paul Jensen Mavor Phillips / Councilmember Bushev Paul Jensen Mavor Phillips invited public comment Roper Roberts Mavor Pat Eklund, City of Novato There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Bushev / Paul Jensen Councilmember Bushey moved and Councilmember McCullough seconded to accept the report subject to edits to be made by Community Development Director and the Mayor Accepted report AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin b. Resolution Accepting the Offer of Dedication from Marin Open Space Trust (MOST) of Two Vacant Lots at the End of Greenwood Avenue, APNs 012-320-01 and -10, to the City in Fee for Permanent Open Space; Authorizing the City Manager to Execute, on Behalf of the City, All Documents Required to Effectuate Such Conveyance; and Directing Staff to Initiate Corresponding Amendments to the City's General Plan and Zoning Ordinance (CD/CS) — File 2-1-67 Greenwood Ave. Dedication Offer Paul Jensen, Community Development Director, presented the staff report Mavor Phillips invited public comment Ralph Mihan, Marin Open Space Trust (MOST) Don Dickenson, MOST Amv Likover, Gerstle Park 5 Daniel Bacon Roaer Roberts Cvnthia Landecker, San Rafael Heritage Tamara Peters Bill Carnev Hugo Landecker, Gerstle Park Neighborhood Association, Federation of San Rafael Neighborhoods, San Rafael Heritage (letter received) There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Gamblin Mavor Phillips / Councilmember Gamblin / Jim Schutz, Citv Manager Mavor Phillips Councilmember McCullouah Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution Councilmember Bushev RESOLUTION 14211 — RESOLUTION ACCEPTING THE OFFER OF DEDICATION FROM MARIN OPEN SPACE TRUST (MOST) OF TWO VACANT LOTS AT THE END OF GREENWOOD AVENUE, APNS 012-320-01 AND -10, TO THE CITY IN FEE FOR PERMANENT OPEN SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, ALL DOCUMENTS REQUIRED TO EFFECTUATE SUCH CONVEYANCE; AND DIRECTING STAFF TO INITIATE CORRESPONDING AMENDMENTS TO THE CITY'S GENERAL PLAN AND ZONING ORDINANCE AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin Mavor Phillips C. Resolution Approving a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for San Rafael Police Mid -Management Association (July 1, 2016 through June 30, 2018) (MS) — File 7-8-5 Police Mid-Manaaement MOU Stacev Peterson, Human Resources Director, presented the staff report Mavor Phillips Mavor Phillips invited public comment; however, there was none 0 Councilmember Gamblin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14212 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE MID - MANAGEMENT ASSOCIATION (JULY 1, 2016 THROUGH JUNE 30, 2018) AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin d. Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for San Rafael Fire Chief Officers' Association (effective July 1, 2016 through June 30, 2018) (MS) — File 7-8-5113 Fire Chief Officers' Assoc. MOU Discussion Stacev Peterson, Human Resources Director, presented the staff report Councilmember McCullough Mavor Phillips invited public comment; however, there was none Mavor Phillips Councilmember Gamblin moved and Councilmember Bushey seconded to direct staff to return with Resolution adopting MOU Directed staff to return with Resolution adopting MOU AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin e. City of Novato Request for the City of San Rafael to Sponsor County -Wide Smart Quiet Zone (PW) — File 245 Quiet Zone Designation Mavor Phillips Bill Guerin, Public Works Director, presented the staff report Mavor Phillips LeeAnn Dickson, Federal Railroad Administration Mavor Phillips / LeeAnn Dickson Mavor Phillips / LeeAnn Dickson Councilmember McCullough / LeeAnn Dickson 7 Councilmember Bushev / LeeAnn Dickson Councilmember Gamblin / LeeAnn Dickson Councilmember Gamblin / Jim Schutz, Citv Manager / LeeAnn Dickson Councilmember Gamblin / Jim Schutz Councilmember Gamblin / Jim Schutz Councilmember Gamblin / LeeAnn Dickson Mavor Phillips Mavor Pat Eklund, City of Novato Councilmember Eric Lucan, City of Novato Councilmember McCullough / Novato Councilmember Lucan Cathv Capriola, City of Novato Interim City Manager Mavor Phillips / Cathv Caviola Councilmember Gamblin / Cathv Caviola Mavor Phillips Eric Steger, Marin County Department of Public Works David McCrossan, Menzies & McCrossan LLC, San Rafael and Novato consultant Mavor Phillips / David McCrossan Mavor Phillips / David McCrossan LeeAnn Dickson Mavor Phillips / LeeAnn Dickson Mavor Phillips / LeeAnn Dickson LeeAnn Dickson Mavor Phillips / LeeAnn Dickson Jim Schutz, Citv Manager Mavor Phillips / LeeAnn Dickson / Councilmember Gamblin w Mavor Phillips Councilmember Gamblin / LeeAnn Dickson Councilmember Gamblin / Kevin Fitzgerald, Federal Railroad Association Mavor Phillips Councilmember Gamblin / Kevin Fitzgerald Mavor Phillips Councilmember McCullough / LeeAnn Dickson Councilmember McCullough / Mavor Pat Eklund / Mavor Phillips Councilmember Bushev / LeeAnn Dickson LeeAnn Dickson / Mavor Phillips Bill Guerin Councilmember Gamblin / Mavor Pat Eklund Mavor Phillips / Mavor Pat Eklund Mavor Phillips invited public comment Ken Dickinson Mavor Phillips Ken Dickinson / Mavor Phillips John C Janet Shirlev Mavor Phillips Bob Middlestadt Mavor Phillips Gregory Andrew Mavor Phillips Dave Coury Leanne Bernick M Cathv Manovi Marc Baluda Mavor Phillips Speaker Bob Middlestadt / Mavor Phillips Maura Walsch-Ochella / Mavor Phillips There being no further comment from the audience, Mayor Phillips closed the public comment period Jim Schutz / Mavor Phillips / Dave McCrossan Councilmember McCullough / Dave McCrossan LeeAnn Dickson Councilmember McCullough / LeeAnn Dickson Ken Dickinson Mavor Phillips Jim Schutz Mavor Phillips Councilmember McCullough Councilmember Bushev Councilmember Gamblin Mavor Phillips Councilmember Gamblin Councilmember McCullough moved and Councilmember Bushey seconded to direct staff to work with the City of Novato and SMART to address the concerns raised and return the item to the next City Council meeting for a decision. Concerns include obtaining the strongest possible assurances from SMART that operations would not commence until a Quiet Zone was established from San Rafael to Novato. City of Novato to draft an MOU to address the concerns raised by San Rafael residents and members of the San Rafael City Council, and assuming all of those concerns were dealt with by the next meeting, Council would be in a position to make a decision that hopefully would be for the benefit of all communities in Marin. Mayor Phillips was directed to pursue that issue with SMART. Mavor Phillips 10 AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin CITY MANAGER'S REPORT: 6. City Manager's Report: • City Manaqer Jim Schutz announced that a beta site of the new website was set to be unveiled on Thursday, October 6, and the City is hoping for community feedback. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at City Expense) 7. Councilmember Reports: • Mavor Phillips discussed a proposal to add non -action public presentations - subjects of interest to the public - to future City Council agendas. SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar - None • None ADJOURNMENT Mavor Phillips adjourned the City Council meeting in memory of Helga Epstein, mother of Robert Epstein, City Attorney, who passed away on September 24, 2016. Helga was a long-time resident of San Rafael and was appointed to the first Cultural Affairs Commission in the 1970's by the San Rafael City Council. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12016 GARY O. PHILLIPS, Mayor 11