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Home My WebLink AboutCC SA Minutes 2016-12-19IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, December 19, 2016 a r rfrF�'ITYi p�6 Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Councilmember Bushey Councilmember Gamblin Absent: Vice Mayor Colin Councilmember McCullough Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS: 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 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 in closed session OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: Reverend Paul Gaffnev announced National Homeless Persons' Memorial Day on Wednesday, December 21, 2016 at 4:00 p.m. at First Presbyterian Church of San Rafael Richard Peterson, Spinnaker Point Homeowners Association President, expressed gratitude to the City for Canal Neighborhood Parking Study Mavor Phillips CITY MANAGER'S REPORT: 3. City Manager's Report Citv Manager Jim Schutz reported: • The City Council / Successor Agency meeting on January 3, 2017 would be cancelled. • Expressed thanks to residents of San Rafael, City staff and the City Council • Discussed 2016 project progress on Essential Facilities, SMART and Homelessness • Suggested New Year's Resolutions: Point -in -time count and Climate Change Mavor Phillips SPECIAL PRESENTATION: 4. Special Presentation: a. Special Presentation Recognizing the 20th Anniversary of the City's Volunteer Program Cory Bvtof, Volunteer & Sustainability Coordinator, gave a presentation along with Anne Bauer, Volunteer Program Assistant Ann Bauer Cory Bvtof Ann Bauer Sarah Houqhton, Library Director Paul Jensen, Community Development Director Cory Bvtof Mavor Phillips read a Proclamation, which he presented to Cory Bytof & Ann Bauer CONSENT CALENDAR: 5. Consent Calendar Items: Mavor Phillips noted correction on item 5.f (should be thirty months) Councilmember Gamblin moved and Councilmember Bushey seconded to approve Consent Calendar Items: a. Approval of Minutes of City Council Special Meeting and Regular Meeting of City Council/Successor Agency for November 21, 2016, and Regular Meeting of City Council/Successor Agency for December 5, 2016 (CC) Special Minutes 11-21-2016 CCSA Minutes 11-21-2016 CCSA Minutes 12-05-2016 2 Minutes Approved as submitted b. Second Reading and Final Adoption of Ordinance No. 1945 - 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) (CD) — File 286 RBR Ordinance Final Adoption Approved final adoption of Ordinance No. 1945 C. Resolution Authorizing the City Manager to Execute a Professional Services Agreement in an Amount not to Exceed $80,152 with David Jones, DBA Emanuels Jones & Associates, for Legislative Advocacy Services (CM) — File 4-3-354 x 113 x 116 x 9-3-11 Leaislative Advocacv Services Aar. RESOLUTION 14245 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $80,152 WITH DAVID JONES, DBA EMANUELS JONES & ASSOCIATES, FOR LEGISLATIVE ADVOCACY SERVICES d. Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with Marin Volleyball, LLC for Youth Volleyball Program Management Services in 2017 - 2018 (CS) — File 4-3-609 x 9-3-65 Youth Vollevball RESOLUTION 14246 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MARIN VOLLEYBALL, LLC FOR YOUTH VOLLEYBALL PROGRAM MANAGEMENT SERVICES IN 2017 - 2018 e. Resolution Approving and Authorizing the City Manager to Execute the 2017 Agreement with Orcas Swim Club for Use of the Terra Linda Community Center and Pool (CS) — File 4-10-172 x 9-3-65 Orca Swim Club RESOLUTION 14247 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2017 AGREEMENT WITH ORCAS SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL f. Resolution Authorizing the City Manager to Execute a License Agreement with the County of Marin for the Use of Administrative Office Space at 1600 Los Gamos Drive (FD) — File 9- 10 x 9-3-31 Fire Administrative Office Relocation RESOLUTION 14248 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE COUNTY OF MARIN FOR THE USE OF ADMINISTRATIVE OFFICE SPACE AT 1600 LOS GAMOS DRIVE g. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Fireeye, Inc., DBA Mandiant for Network Multi -Phase Security Assessment and Risk Mitigation, in an Amount not to Exceed $58,000 (MS) — File 4-3-634 x 9-3-88 Network Securitv Risk Assessment RESOLUTION 14249 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FIREEYE, INC., DBA MANDIANT FOR NETWORK MULTI -PHASE SECURITY ASSESSMENT AND RISK MITIGATION, IN AN AMOUNT NOT TO EXCEED $58,000 h. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with BKF Engineers for Engineering Design Services Associated with the Victor Jones Park Improvements Project, in the Amount of $103,453 (PW) — File 4-3-635 Victor Jones Park Impr. Proiect Desiqn RESOLUTION 14250 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE VICTOR JONES PARK IMPROVEMENTS PROJECT, IN THE AMOUNT OF $103,453 Resolution Authorizing the City Manager to Execute an Agreement with Modern Building Systems, Inc. for the Purchase of a Modular Trailer for the City of San Rafael Essential Facilities Project, in the Amount of $130,484.37 (PW) — File 4-2-363 x 12-22 Purchase Modular Trailer RESOLUTION 14251 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MODERN BUILDING SYSTEMS, INC. FOR THE PURCHASE OF A MODULAR TRAILER FOR THE CITY OF SAN RAFAEL ESSENTIAL FACILITIES PROJECT, IN THE AMOUNT OF $130,484.37 j. Resolution Authorizing the City Manager to Award a Construction Contract for City of San Rafael Essential Facilities Demolition Project — Fire Stations 52 and 57, to CVE Contracting Group, Inc. in the Amount of $293,000.00 (PW) — File 4-1-694 x 12-22 Fire Station 52 & 57 Demolition RESOLUTION 14252 — RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT FOR CITY OF SAN RAFAEL ESSENTIAL FACILITIES DEMOLITION PROJECT — FIRE STATIONS 52 AND 57, TO CVE CONTRACTING GROUP, INC. IN THE AMOUNT OF $293,000.00 k. 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) — File 102 RESOLUTION 14253 — RESOLUTION OF APPRECIATION TO RICHARD LANDIS, ADMINISTRATIVE MANAGER, DEPARTMENT OF PUBLIC WORKS, RETIRING AFTER 20 YEARS OF SERVICE WITH THE CITY OF SAN RAFAEL AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough SPECIAL PRESENTATION: 6. Special Presentation: 4 a. Presentation of Resolution of Appreciation to Richard Landis (PW) Mavor Phillips presented a Resolution of Appreciation to Richard Landis Richard Landis Mavor Phillips PUBLIC HEARING: 7. Public Hearing: a. Resolution Establishing Maximum Rates Collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services, to be Effective January 1, 2017 (CM) — File 4-3-32 MSS Refuse Rate Review Cory Bvtof, Volunteers & Sustainability Coordinator, presented the staff report Councilmember Gamblin / Cory Bvtof Councilmember Gamblin / Cory Bvtof Councilmember Bushev Councilmember Gamblin / Councilmember Bushev Councilmember Gamblin Mavor Phillips / Cory Bvtof Councilmember Gamblin / Mavor Phillips Patti Garbarino, Marin Sanitary Service Mavor Phillips Mavor Phillips declared the public hearing opened Mark Gavnor Jerry Belletto, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public hearing Cory Bvtof Mavor Phillips 5 Patti Garbarino Councilmember Gamblin / Cory Bvtof Mavor Phillips Patti Garbarino Councilmember Bushey moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14254 — RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE JANUARY 1, 2017 AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough OTHER AGENDA ITEMS: 8. Other Agenda Items: a. Informational Presentation on the City of San Rafael Essential Facilities Projects (CM/PW) — File 12-22 Public Safetv Facilities Report Cristine Alilovich, Assistant City Manager, presented the staff report Bill Guerin, Public Works Director Fire Chief Chris Grav Mavor Phillips Chief of Police Diana Bishop Mavor Phillips Mavor Phillips invited public comment; however, there was none Councilmember Gamblin / Cristine Alilovich Councilmember Gamblin / Cristine Alilovich Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Bushev / Cristine Alilovich Councilmember Bushey moved and Councilmember Gamblin seconded to accept the report 11 Accepted report AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough b. Resolution Approving the Plans and Specifications for a New At -Grade Crossing at Andersen Drive, and Authorizing the City Manager to Submit an Application to the California Public Utilities Commission for Approval of Such At -Grade Crossing (PW) — File 245 x 9-11-5 x 4-3-619 Andersen Drive / SMART Councilmember Bushev Kevin McGowan, Assistant Public Works Director, presented the staff report and introduced Project Manager Nader Mansourian Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Nader Mansourian Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Nader Mansourian Councilmember Gamblin / Kevin McGowan Councilmember Bushev / Nader Mansourian Councilmember Bushev / Nader Mansourian Councilmember Bushev / Nader Mansourian Mavor Phillips / Councilmember Bushev Mavor Phillips Councilmember Bushev Councilmember Gamblin / Nader Mansourian Councilmember Gamblin / Nader Mansourian Mavor Phillips invited public comment; however, there was none Mavor Phillips Nader Mansourian 7 Councilmember Bushey moved and Councilmember Gamblin seconded to adopt the Resolution Councilmember Gamblin / Bill Gamblin, SMART RESOLUTION 14255 — RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR A NEW AT -GRADE CROSSING AT ANDERSEN DRIVE, AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR APPROVAL OF SUCH AT -GRADE CROSSING AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough C. Interim Financial Update and Budget Amendments: (Fin) 1) First Fiscal Year 2016-2017 Interim Financial Update 2) City Manager's Recommendations 3) Resolution Amending Fiscal Year 2016-2017 Budget — File 8-5 Financial Update & Budget Amendments Mark Moses, Finance Director, presented the staff report Councilmember Gamblin / Mark Moses Mavor Phillips Citv Manaqer Jim Schutz Mavor Phillips invited public comment; however, there was none Councilmember Gamblin moved and Councilmember Bushey seconded to accept the reports and adopt the Resolution Accepted reports RESOLUTION 14256 — RESOLUTION ADOPTING AMENDMENTS TO THE 2016-2017 BUDGET AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough d. Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with Vavrinek, Trine, Day & Co. LLP for Accounting and Financial Reporting Related Services (Fin) — File 4-3-587 Accounting & Financial Reporting Mark Moses, Finance Director, presented the staff report Mavor Phillips Councilmember Gamblin / Mark Moses N Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14257 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH VAVRINEK, TRINE, DAY & CO. LLP FOR ACCOUNTING AND FINANCIAL REPORTING RELATED SERVICES AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough e. Resolution Approving Personnel Actions to Reallocate a Public Works Administrative Manager to a Senior Management Analyst Position; Reallocate a Supervising Building Inspector to a Senior Building Inspector Position; Reallocate a .8 FTE Building Technician to 1.0 FTE Building Technician Position; Reallocate a .5 FTE Child Care Director to .6 FTE Child Care Director Position; and Update the Temporary, Seasonal, Retiree, and Fixed - Term Employees Salary Schedule (HR) — File 9-3-86 Personnel Actions Stacev Peterson, Human Resources Director, presented the staff report Councilmember Gamblin / Stacev Peterson Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Gamblin seconded to adopt the Resolution AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough RESOLUTION 14258 — RESOLUTION APPROVING PERSONNEL ACTIONS TO REALLOCATE A PUBLIC WORKS ADMINISTRATIVE MANAGER TO A SENIOR MANAGEMENT ANALYST POSITION; REALLOCATE A SUPERVISING BUILDING INSPECTOR TO A SENIOR BUILDING INSPECTOR POSITION; REALLOCATE A.8 FTE BUILDING TECHNICIAN TO 1.0 FTE BUILDING TECHNICIAN POSITION; REALLOCATE A.5 FTE CHILD CARE DIRECTOR TO .6 FTE CHILD CARE DIRECTOR POSITION; AND UPDATE THE TEMPORARY, SEASONAL, RETIREE, AND FIXED -TERM EMPLOYEES SALARY SCHEDULE f. Election of Vice -Mayor for the City of San Rafael for 2017 (CC) Mavor Phillips Mavor Phillips invited public comment; however, there was none Councilmember Gamblin placed in nomination the name of Councilmember Maribeth Bushey to serve as Vice -Mayor for year 2017; Mayor Phillips seconded the motion and Councilmember Bushey was elected Vice -Mayor for 2017 AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None 0 ABSENT: Councilmembers: Colin & McCullough g. Approval of City Council Appointments to Committees for 2017 (CC) Mavor Phillips appointed Councilmember Gamblin as First Alternate to Federation Coalition and eliminated the Residential Building Resale (RBR) committee Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Gamblin seconded to approve City Council Appointments to Committees for 2017 AYES: Councilmembers: Bushey, Gamblin & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & McCullough COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at City Expense) 9. Councilmember Reports: Councilmember Bushev & Councilmember Gamblin attended the Lighted Boat Parade Councilmember Bushev attended the Mission San Rafael Bicentennial Celebration Mavor Phillips reported on: • Business Improvement District Advisory Board meeting • Marin Latino Leaders presentation • Grazie Celebration - Downtown Streets Team • First Amendment meeting • Employee Luncheon • San Rafael Mixer • Crab Feed Councilmember Gamblin announced the Swearing-in ceremony of new Police Officers to be held on Tuesday, December 20, 2016. SAN RAFAEL SUCCESSOR AGENCY Consent Calendar: - None ADJOURNMENT: Councilmember Bushev adjourned the meeting at 10:07 p.m. with a prayer from the Bicentennial Celebration at Mission San Rafael. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2017 10 GARY O. PHILLIPS, Mayor 11