HomeMy WebLinkAboutCC SA Minutes 2016-12-05IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, December 5, 2016
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
Mayor Phillips announced Closed Session items:
CLOSED SESSION — THIRD FLOOR CONFERENCE ROOM: 5:00 PM
2. Closed Session:
a. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2):
Anticipated Litigation Number of Cases: One Facts and Circumstances: Dispute with
Firefighters' Association, IAFF, Local 1775 concerning calculation of overtime pursuant to
Federal Fair Labor Standards Act (FLSA)
b. 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, Sylvia Gonzalez, Mark Moses,
Robert Epstein, Kelly Albrecht Employee Organizations: Childcare
• City Attornev Robert Epstein announced that no reportable action was taken
OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM:
• Trisha Cerutti-Savlors, San Rafael Childcare Division, addressed Council regarding SEIU
Childcare negotiations
• Mavor Phillips
• Huao Landecker addressed Council regarding illegal solicitors
0 City Attornev Robert Epstein
CONSENT CALENDAR:
3. Consent Calendar Items:
Item 3.f removed from the agenda at the request of staff
Item 3.b removed from the Consent Calendar by Councilmember Gamblin for comment
Councilmember Gamblin moved and Councilmember McCullough seconded to approve the remainder of
the Consent Calendar Items:
a. Resolution Authorizing the City Manager to Execute an Amendment of the Agreement for
Legal Services with McInerney & Dillon, P.C., in Connection with the Preparation of
Contract Documents for the Public Safety Center and Fire Station 52 and 57 Projects, to
Increase the Total Compensation to an Amount Not to Exceed $35,000, in a Form
Approved by the City Attorney (CA) — File 4-3-619A x 12-22
Essential Facilities Proiects Legal Services
RESOLUTION 14237 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT OF THE AGREEMENT FOR LEGAL SERVICES WITH MCINERNEY & DILLON, P.C., IN
CONNECTION WITH THE PREPARATION OF CONTRACT DOCUMENTS FOR THE PUBLIC SAFETY
CENTER AND FIRE STATION 52 AND 57 PROJECTS, TO INCREASE THE TOTAL COMPENSATION
TO AN AMOUNT NOT TO EXCEED $35,000, IN A FORM APPROVED BY THE CITY ATTORNEY
C. Resolution Approving an Agreement for the Provision of Aquatic Program Services by the
City of San Rafael to the City of Novato at the Hamilton Pool Complex (CS) — File 4-3-509
Aquatic Program Services
RESOLUTION 14238 — RESOLUTION APPROVING AN AGREEMENT FOR THE PROVISION OF
AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE
HAMILTON POOL COMPLEX
d. Accept Special Library Parcel Tax Committee Annual Report (Lib) — File 9-2-62
Special Library Parcel Tax Committee Annual Report
Accepted report
e. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement
with Park Engineering for Temporary Staff Assistance, in an Amount Not to Exceed
$104,307.68 (PW) — File 4-3-605
Park Engineering Staff Assistance
RESOLUTION 14239 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING FOR TEMPORARY STAFF
ASSISTANCE, IN AN AMOUNT NOT TO EXCEED $104,307.68
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AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. Resolution Authorizing the City Manager to Execute an Agreement with Regional
Government Services (RGS) Joint Powers Authority for Finance Department Management
and Administrative Services (CM) — File 4-3-473
Finance Dept. Staffinq Services
Stacev Peterson, Human Resources Director, presented the staff report
Councilmember Gamblin / Stacev Peterson
Councilmember McCullough / City Manager Jim Schutz
Councilmember McCullough / Jim Schutz
Mayor Phillips invited public comment; however, there was none
Councilmember Gamblin moved and Councilmember McCullough seconded to adopt the Resolution
RESOLUTION 14240 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH REGIONAL GOVERNMENT SERVICES (RGS) JOINT POWERS AUTHORITY
FOR FINANCE DEPARTMENT MANAGEMENT AND ADMINISTRATIVE SERVICES
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
f. Resolution of Appreciation to Richard Landis, Administrative Manager, Department of
Public Works, Retiring after 20 Years of Service with the City of San Rafael (PW)
Removed from agenda
SPECIAL PRESENTATION:
4. Special Presentation:
a. Presentation of Resolution of Appreciation to Richard Landis (PW)
Removed from agenda
PUBLIC HEARINGS
5. Public Hearings:
a. General Plan 2020 Ten -Year Review Amendments: (CD) Consider Amendments to the San
Rafael General Plan 2020, Updating Policies, Program and Land Use Designations in
Response to the Ten -Year Review Presented to the City Council in 2015 — File 115 (2020)
General Plan 2020 Amendments
Mavor Phillips
Raffi Bolovan, Planning Manager, presented the staff report
Councilmember Colin / Paul Jensen, Community Development Director
Councilmember Colin / Raffi Bolovan
Councilmember Colin / Paul Jensen
Councilmember Colin / Paul Jensen
Councilmember Colin
Councilmember Colin / Raffi Bolovan
Mavor Phillips / Paul Jensen
Councilmember McCullough / Raffi Bolovan
Mavor Phillips / Raffi Bolovan
Mavor Phillips / Raffi Bolovan
Mavor Phillips declared the public hearing opened
Huqo Landecker
Amv Likover, San Rafael Heritage
Victoria DeWitt
There being no further comment from the audience, Mayor Phillips declared the public hearing closed
Raffi Bolovan
Raffi Bolovan / Councilmember Colin
Councilmember Bushev
Councilmember McCullough / Councilmember Bushev / Paul Jensen
Paul Jensen
Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolutions
RESOLUTION 14241 — RESOLUTION ADOPTING ADDENDUM NO. 4 TO THE CERTIFIED SAN
RAFAEL GENERAL PLAN 2020 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH#
2003052031) PREPARED FOR GENERAL PLAN AMENDMENTS (GPA15-001) (10 YEAR REVIEW
POLICY AND MAP UPDATES)
RESOLUTION 14242 — RESOLUTION APPROVING AMENDMENTS TO THE SAN RAFAEL GENERAL
PLAN 2020, UPDATING POLICES, PROGRAMS AND LAND USE DESIGNATIONS IN RESPONSE TO
THE 10 -YEAR REVIEW (GPA15-001)
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AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. Residential Building Resale (RBR) Program: Consider: a) Amendments to San Rafael
Municipal Code Chapter 12.36 (Report of Residential Building Record) Updating the
Purpose, Scope and Provisions of the RBR Program; b) Adoption of a Resolution Setting
Forth Policies, Practices and Procedures for Administering and Enforcing the RBR
Program; and c) Amendments to the City of San Rafael Master Fee Schedule for Services
Related to RBR Program — File 286
RBR Proaram
Paul Jensen, Community Development Director, presented the staff report
Councilmember Gamblin / Paul Jensen
Councilmember McCullouah / Thomas Ahrens, Chief Buildina Official / Paul Jensen
Mavor Phillips declared the public hearing opened
Andv Fealev, Marin Association of Realtors
Mavor Phillips / Andv Fealev
Councilmember Bushev / Mavor Phillips
Richard Benson, Marin County Assessor -Recorder -County Clerk
Stewart Summers, Architect and Design Review Board member
Victoria DeWitt
There being no further comment from the audience, Mayor Phillips closed the public hearing
Councilmember Gamblin / Thomas Ahrens
Councilmember Gamblin / Thomas Ahrens
Councilmember Gamblin / Paul Jensen
Paul Jensen
Councilmember Colin
Councilmember McCullouah moved to pass the ordinance to print and adopt both resolutions subject to
following proviso: the language be made explicit in the ordinance that provided a notice of compliance
has been issued, that any existing unpermitted work discovered after the notice of compliance would be
grandfathered in. Not seconded.
Councilmember Colin / Councilmember McCullough
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Citv Attornev Robert Epstein / Councilmember McCullough
If a Notice of Compliance was issued because no unpermitted work was discovered during the
inspection, or it had been corrected after the report was given to the homeowner, should an existing
unpermitted condition be discovered thereafter which pre-existed the Notice of Compliance and was not
caught by staff, that work would be grandfathered in, much as other items would be grandfathered in
going forward, and the City would not force compliance to correct that unpermitted work.
Councilmember McCullough
Citv Manager Jim Schutz
Mavor Phillips / Robert Epstein / Councilmember McCullough
Councilmember Gamblin / Thomas Ahrens
Mavor Phillips / Jim Schutz
The title of the ordinance was read:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE
12 (BUILDING REGULATIONS) TO REPEAL CHAPTER 12.36 THEREOF IN ITS ENTIRETY AND
REPLACE IT WITH NEW CHAPTER 12.36 (REPORT OF RESIDENTIAL BUILDING RECORD)
Councilmember McCullough moved and Councilmember Colin seconded to dispense with the reading of
the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1945 to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolutions,
subject to the amendment previously articulated for Resolution No. 14243 — If a Notice of Compliance
was issued because no unpermitted work was discovered during the inspection, or it had been corrected
after the report was given to the homeowner, should an existing unpermitted condition be discovered
thereafter which pre-existed the Notice of Compliance and was not caught by staff, that work would be
grandfathered in, much as other items would be grandfathered in going forward, and the City would not
force compliance to correct that unpermitted work.
RESOLUTION 14243 — RESOLUTION ADOPTING POLICIES, PRACTICES AND PROCEDURES FOR
ADMINISTERING AND ENFORCING THE RESIDENTIAL BUILDING RECORD PROGRAM ("RBR
PROGRAM") SET FORTH IN SAN RAFAEL MUNICIPAL CODE TITLE 12 (BUILDING REGULATIONS),
CHAPTER 12.36 (REPORT OF RESIDENTIAL BUILDING RECORD)
RESOLUTION 14244 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR SERVICES
RELATED TO RESIDENTIAL RESALE INSPECTION REPORTS ADMINISTERED THROUGH THE
RESIDENTIAL BUILDING RESALE REPORT PROGRAM (RBR PROGRAM)
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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CITY MANAGER'S REPORT:
6. Citv Manaqer's Report:
• Mavor Phillips announced that future City Manager reports would be moved to the beginning of
the meeting
• City Manaaer Jim Schutz reported on:
o Fire Station Projects
o New City Website
• Assistant Citv Manager Cristine Alilovich
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234
Reports on Meetinqs and Conferences Attended at Citv Expense)
7. Councilmember Reports:
• Councilmember Colin reported on:
o Marin County Council of Mayors & Councilmembers (MCCMC) Oma Village in Novato
o Latino Leadership & Outreach Focus Groups
• Mavor Phillips expressed thanks to City staff for "doing things right"
SAN RAFAEL SUCCESSOR AGENCY
1. Consent Calendar: - None
ADJOURNMENT:
Adjourned at 8:40 p.m. in memory of Gary Giacomini, recently deceased, and the Oakland Fire Victims
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12016
GARY O. PHILLIPS, Mayor
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