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Home My WebLink AboutCC SA Minutes 2016-11-21IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, November 21, 2016 y sy RAN i r rs,� k`wirN A� Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice Mayor 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 (cD 6:00 PM Mayor Phillips announced Closed Session items: CLOSED SESSION — THIRD FLOOR CONFERENCE ROOM (@ 6:00 PM 2. Closed Session: a. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d)(1) Aura Lopez, et al. v. City of San Rafael, et.al. Marin County Superior Court Case No. CIV 1504117 b. 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) 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, 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: • Rotating Emeraencv Shelter Program (REST) members Pam Engle, Dorothy Ladish and Bob commented on the program • Ken Dickenson addressed Council regarding the results of the recent Presidential Election • Pam Reeves, Marin Conservation League's Co -Chair, Climate Action Working Group, addressed Council regarding Climate Change • Roger Roberts addressed Council regarding the Library expansion CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember Bushey moved and Councilmember McCullough seconded to approve the Consent Calendar Items: a. Approval of City Council Special Meeting Minutes, Regular City Council/Successor Agency Minutes of October 17, 2016 and Regular City Council/ Successor Agency Meeting Minutes of November 7, 2016 (CC) Special Meeting Minutes 10-17-2016 CCSA Minutes 10-17-2016 CCSA Minutes 11-07-2016 Approved minutes as submitted b. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with Miller Pacific Engineering Group for Geotechnical Engineering Services Associated with San Rafael Fire Stations 52 and 57, and the New Public Safety Center, in an Amount not to Exceed $81,000 (PW) — File 4-3-631 Essential Facilities Geotechnical Enqineerinq Services RESOLUTION 14233 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MILLER PACIFIC ENGINEERING GROUP FOR GEOTECHNICAL ENGINEERING SERVICES ASSOCIATED WITH SAN RAFAEL FIRE STATIONS 52 AND 57, AND THE NEW PUBLIC SAFETY CENTER, IN AN AMOUNT NOT TO EXCEED $81,000 C. Resolution Authorizing the City Manager to Enter Into a Professional Services Agreement with Alta Planning and Design to Assist with the Update of San Rafael's Bicycle and Pedestrian Master Plan, in an Amount not to Exceed $60,000 (PW) — File 4-3-632 x 261 Bicvcle & Pedestrian Master Plan RESOLUTION 14234 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING AND DESIGN TO ASSIST WITH THE UPDATE OF SAN RAFAEL'S BICYCLE AND PEDESTRIAN MASTER PLAN, IN AN AMOUNT NOT TO EXCEED $60,000 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 2 PUBLIC HEARINGS 4. Public Hearings: a. Second Reading and Final Adoption of Ordinance No. 1943 -Ordinance of the City of San Rafael Amending Title 12 of the Municipal Code of the City of San Rafael, by Amending Chapters 12.12, 12.13, 12.14, 12.16, 12.20, 12.21 and 12.23 Thereto; Adding Chapter 12.22; Adopting the California Building Code, 2016 Edition, with Amendments; the California Residential Code, 2016 Edition, with Amendments; the California Mechanical Code, 2016 Edition, with Amendments, the California Plumbing Code, 2016 Edition, with Amendments, the California Electrical Code, 2016 Edition, with Amendments; the International Property Maintenance Code, 2015 Edition, with Amendments; the 2016 California Existing Building Code, with Amendments; the California Green Building Standards Code 2016 Edition, with Amendments; Adopting Enforcement and Penalties Provisions for the Foregoing Codes; and Adopting Findings of Fact Supporting the Amendments to the 2016 California Building Code, 2016 California Existing Building Code and the 2016 California Residential Code (CD) — File 1-6-1 Code Updates Thomas Ahrens, Chief Building Official, presented the staff report Councilmember McCullough / Thomas Ahrens Councilmember McCullough / Thomas Ahrens Councilmember Colin / Thomas Ahrens Councilmember Colin / Thomas Ahrens Mavor Phillips / Thomas Ahrens / Paul Jensen, Community Development Director Citv Manaaer Jim Schutz / Paul Jensen Mavor Phillips declared the public hearing opened Roaer Roberts Bill Carnev, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public hearing Thomas Ahrens Councilmember Colin proposed a motion with amendment to include A4.2 and A5.2 pending completion of study on A5.2. There was no second to the motion. Councilmember McCullouah proposed a motion to adopt the required CalGreen standards, setting all optional Tier 1 requirements aside, and conducting a cost benefit analysis to determine what costs were being imposed on residents if these optional standards were adopted and what benefits would flow from them. There was no second to the motion. 3 Mavor Phillips / Thomas Ahrens Mavor Phillips / Thomas Ahrens Mavor Phillips / Thomas Ahrens Citv Attornev Robert Epstein Mavor Phillips / Thomas Ahrens Councilmember Colin Councilmember Bushey moved and Councilmember Gamblin seconded to approve final adoption of Ordinance No. 1943, with the premise that staff would report back on the cost of conducting a cost benefit analysis on all of the optional Tier 1 standards, as proposed by Councilmember McCullough. ORDINANCE NO. 1943 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.13, 12.14, 12.16, 12.20, 12.21 AND 12.23 THERETO; ADDING CHAPTER 12.22; ADOPTING THE CALIFORNIA BUILDING CODE, 2016 EDITION, WITH AMENDMENTS; THE CALIFORNIA RESIDENTIAL CODE, 2016 EDITION, WITH AMENDMENTS; THE CALIFORNIA MECHANICAL CODE, 2016 EDITION, WITH AMENDMENTS, THE CALIFORNIA PLUMBING CODE, 2016 EDITION, WITH AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2016 EDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION, WITH AMENDMENTS; THE 2016 CALIFORNIA EXISTING BUILDING CODE, WITH AMENDMENTS; THE CALIFORNIA GREEN BUILDING STANDARDS CODE 2016 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE 2016 CALIFORNIA BUILDING CODE, 2016 CALIFORNIA EXISTING BUILDING CODE AND THE 2016 CALIFORNIA RESIDENTIAL CODE AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: Colin & McCullough ABSENT: Councilmembers: None b. Second Reading and Final Adoption of Ordinance No. 1944 - Ordinance of the City of San Rafael Amending Title 4 of the Municipal Code of the City of San Rafael, By Amending Chapter 4.08 Thereof, Adopting the California Fire Code, 2016 Edition, and the International Fire Code, 2015 Edition, with Amendments; Adopting Enforcement, Penalty and Appeals Provisions for Such Codes; and Adopting Findings of Fact Supporting the Amendments to Such Codes (FD) — File 1-6-4 Fire Code Updates Thomas Ahrens, Chief Building Official, presented the staff report Councilmember McCullough / Jeff Rowan, Battalion Chief Councilmember McCullough / Jeff Rowan Councilmember McCullough / Jeff Rowan / Thomas Ahrens Councilmember McCullough / Thomas Ahrens 4 Mavor Phillips declared the public hearing opened Roqer Roberts Jonathan Frieman Chris Lanq There being no further comment from the audience, Mayor Phillips closed the public hearing Paul Jensen, Community Development Director Councilmember Colin / Jeff Rowan Councilmember McCullough moved and Councilmember Bushey seconded to approve final adoption of Ordinance No. 1944, subject to ensuring the proposed highlighted language is inserted, and that it be equally applicable to accessory structures whereby under the appropriate circumstances when alternate means of protection are offered or available, the Fire Chief has the discretion to waive the sprinkler requirement specifically. ORDINANCE NO. 1944 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THEREOF, ADOPTING THE CALIFORNIA FIRE CODE, 2016 EDITION, AND THE INTERNATIONAL FIRE CODE, 2015 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None C. Resolution Approving, with Modifications, the Downtown San Rafael Business Improvement District "Annual Report for 2017 Calendar Year BID Assessment," and Levying an Assessment for Calendar Year 2017 (ED) — File 224 BID Annual Assessment Tom Adams, Economic Development Coordinator, presented the staff report Mavor Phillips declared the public hearing opened Chris Lanq Joel Eis, Rebound Bookstore Jonathan Frieman There being no further comment from the audience, Mayor Phillips closed the public hearing Mavor Phillips Councilmember Gamblin Mavor Phillips Councilmember McCullough Councilmember Colin Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14235 — RESOLUTION APPROVING, WITH MODIFICATIONS, THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT "ANNUAL REPORT FOR 2017 CALENDAR YEAR BID ASSESSMENT," AND LEVYING AN ASSESSMENT FOR CALENDAR YEAR 2017 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Resolution Approving and Authorizing the City Manager to Execute an Agreement with Steve Kinsey for Transit Center Advisory Services (CM) — File 4-3-633 Transit Center Advisory Services Citv Manaqer Jim Schutz presented the staff report Mavor Phillips Mavor Phillips / Jim Schutz Steve Kinsev, Marin County Supervisor Mavor Phillips invited public comment Chris Lanq Bill Carnev, Citizens Advisory Committee on Economic Development and Affordable Housing Mavor Phillips Pam Reeves There being no further comment from the audience, Mayor Phillips closed the public comment period Mavor Phillips Councilmember Gamblin Councilmember Bushev II Councilmember McCullough / Councilmember Gamblin Mavor Phillips Councilmember Gamblin / Mavor Phillips Councilmember Gamblin / Mavor Phillips Councilmember Gamblin Citv Attornev Robert Epstein / Councilmember Gamblin Citv Attornev Robert Epstein Councilmember Colin / Mavor Phillips / City Manaqer Jim Schutz / Councilmember Colin Councilmember McCullough Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14236 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STEVE KINSEY FOR TRANSIT CENTER ADVISORY SERVICES AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: Gamblin ABSENT: Councilmembers: None b. San Rafael Greenhouse Gas Reduction Strategy Report (CM) — File 13-1 Greenhouse Gas Reduction Report Cory Bvtof, Volunteer & Sustainability Coordinator, presented the staff report Christine O'Rourke, Marin Climate & Energy Partnership Sustainability Coordinator Councilmember Colin / Christine O'Rourke Mavor Phillips / Christine O'Rourke / Cory Bvtof Mavor Phillips Mavor Phillips invited public comment Roqer Roberts / Mavor Phillips / Cory Bvtof Bill Carnev, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Colin 7 Councilmember Colin moved and Councilmember Bushey seconded to accept the report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 6. Citv Manaqer's Report: • City Manaaer Jim Schutz announced that the City Council / Successor Agency meeting for January 3, 2017 would be cancelled. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at City Expense) 7. Councilmember Reports: • Councilmember Colin reported on: o Homeless Policy Steering Committee o Marin Equity Summit o Sea -level Rise Focus Group o Mock City Council Meeting with Laurel Del 2nd Graders • Mavor Phillips reported on: o City Manager Jim Schutz' evaluation o Sonoma Debrief of the Homeless Center o Shirley Fischer regarding the Promenade o School Coordinated Partnerships o Measure A's defeat o Superintendent of Schools regarding Charter Schools o Business Improvement District meetings o Future Agenda Items: Open discussion with community SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: - None ADJOURNMENT: Adiourned at 9:54 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2016 GARY O. PHILLIPS, Mayor W