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Home My WebLink AboutCC SA Minutes 2017-05-15IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, May 15, 2017 rfrF�'ITYi p�6 Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Councilmember Bushey Councilmember Colin Councilmember Gamblin Councilmember McCullough Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS, CITY HALL 1. None CLOSED SESSION — THIRD FLOOR CONFERENCE ROOM 2. None OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: Michael Parsons addressed Council regarding SMART Quiet Zones Mavor Phillips John Revnolds addressed Council regarding Proposition 54 Mavor Phillips CITY MANAGER'S REPORT: 3. City Manager's Report • City Manaqer Jim Schutz reported on SMART quiet zones and provided an update on the construction of Fire Stations 52 & 57 CONSENT CALENDAR: 4. Consent Calendar Items: 1 Councilmember Colin moved and Councilmember McCullough seconded to approve Consent Calendar Items: a. Approval of Minutes of Special City Council Meeting and City Council / Successor Agency Regular Meeting of May 1, 2017 (CC) Special Meetina Minutes 05/01/2017 Regular Meeting Minutes 05/01/2017 Approved as submitted b. Resolution Authorizing the City Manager to Enter into a Contract with R3 Consulting Group, Inc. in an Amount Not to Exceed $80,360 for a Review of the Marin Sanitary Service Refuse Rate Methodology and Recycling Revenue Fund, and to Assist with the Meet -and - Confer Process for the Cities of San Rafael & Larkspur, Town of Ross, Las Gallinas Sanitary District, and the County of Marin (CM) — File 4-3-646 MSS Refuse Rate Review RESOLUTION 14318 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH R3 CONSULTING GROUP, INC. IN AN AMOUNT NOT TO EXCEED $80,360 FOR A REVIEW OF THE MARIN SANITARY SERVICE REFUSE RATE METHODOLOGY AND RECYCLING REVENUE FUND, AND TO ASSIST WITH THE MEET -AND -CONFER PROCESS FOR THE CITIES OF SAN RAFAEL & LARKSPUR, TOWN OF ROSS, LAS GALLINAS SANITARY DISTRICT, AND THE COUNTY OF MARIN C. Resolution Authorizing Execution of a Three -Year Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) Program and Home Programs (ED) — File 4-13-38 CDBG Agreement RESOLUTION 14319 — RESOLUTION AUTHORIZING EXECUTION OF A THREE-YEAR COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME PROGRAMS d. Resolution Authorizing Closure of Downtown City Streets for the 19th Annual San Rafael Sunset Criterium on Saturday, July 29th, 2017 from 11:00am to 10:00pm (ED) — File 11-19 Sunset Criterium Event St. Closure RESOLUTION 14320 — RESOLUTION AUTHORIZING CLOSURE OF DOWNTOWN CITY STREETS FOR THE 19TH ANNUAL SAN RAFAEL SUNSET CRITERIUM ON SATURDAY, JULY 29TH, 2017 FROM 11:00AM TO 10:00PM e. Second Reading and Final Adoption of Ordinance No. 1947 - An Ordinance of the City Council of the City of San Rafael Amending the Paramedic Tax Rates Within the Voter - Approved Limit, Commencing with Fiscal Year 2017-2018 for Residential and Non - Residential Properties in the City of San Rafael, County Service Area No. 13, and County Service Area No. 19. ($92.00 for Residential and $0.125 Per Square Foot for Non - Residential Properties), and for Residential and Non -Residential Properties in the Marinwood Community Services District ($85.00 for Residential and $0.11 Per Square Foot for Non -Residential Properties) (Fin) — File 9-12-1 x 9-3-31 Paramedic Tax Ordinance Approve final adoption of Ordinance No. 1947 2 f. Accept Investment Report for the City of San Rafael for Quarter Ended March, 2017 (Fin) — File 8-18 x 8-9 Citv Investment Report Accepted report g. Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for July 1, 2017 — June 30, 2018 (Fin) — File 170 x 9-3-40 Measure A Work Plan RESOLUTION 14321— RESOLUTION APPROVING THE MEASURE A WORK PLAN FOR PROPOSED EXPENDITURE OF MEASURE A FUNDS FOR JULY 1, 2017 — JUNE 30, 2018 h. Resolution Authorizing the City Manager to Execute Agreements to Allow the San Rafael Fire Department to Participate in an Intergovernmental Transfer with the California Department of Health Care Services (DHCS) in Order to Increase the Department's Reimbursement for EMS Ambulance Transport Services Provided to County Health Plan (Partnership Health Plan) Members for FY 2015-2016 and FY 2016-2017 (FD) — File 9-3-31 Ambulance Service Cost Recovery RESOLUTION 14322 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO ALLOW THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN INTERGOVERNMENTAL TRANSFER WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (DHCS) IN ORDER TO INCREASE THE DEPARTMENT'S REIMBURSEMENT FOR EMS AMBULANCE TRANSPORT SERVICES PROVIDED TO COUNTY HEALTH PLAN (PARTNERSHIP HEALTH PLAN) MEMBERS FOR FY 2015-2016 AND FY 2016-2017 i. Resolution Establishing the Special Library Parcel Tax Committee (Lib) — File 9-2-62 Special Library Parcel Tax Committee RESOLUTION 14323 — RESOLUTION ESTABLISHING THE SPECIAL LIBRARY PARCEL TAX COMMITTEE j. Resolution Supporting National Police Week 2017 (PD) — File 102 National Police Week RESOLUTION 14324 — RESOLUTION SUPPORTING NATIONAL POLICE WEEK 2017 k. Resolution Awarding a Construction Contract for the G Street Improvements — Phase I Project, City Project No. 11274, to Ghilotti Bros., Inc., in the Amount of $479,949.50 (PW) — File 4-1-702 G Street Improvements Proiect RESOLUTION 14325 — RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE G STREET IMPROVEMENTS — PHASE I PROJECT, CITY PROJECT NO. 11274, TO GHILOTTI BROS., INC., IN THE AMOUNT OF $479,949.50 I. Resolution Awarding a Construction Contract for the 7 Beechwood Court Storm Drain Improvements Project, City Project No. 11305, to Wildcat Construction, in the Amount of $211,600, and Authorizing the City Manager to Execute an Agreement with Wildcat Construction (PW) — File 4-1-703 7 Beechwood Storm Drain Improvements RESOLUTION 14326 — RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE 7 BEECHWOOD COURT STORM DRAIN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11305, TO WILDCAT CONSTRUCTION, IN THE AMOUNT OF $211,600, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WILDCAT CONSTRUCTION M. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with the Federated Indians of Graton Rancheria, In an Amount Not to Exceed $31,000, for Cultural Resources Monitoring During the Demolition, Excavation, Grading and Construction Work for the New City Public Safety Center (PW) — File 4-3-638A Cultural Resources Monitoring - Essential Facilities RESOLUTION 14327 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FEDERATED INDIANS OF GRATON RANCHERIA, IN AN AMOUNT NOT TO EXCEED $31,000, FOR CULTURAL RESOURCES MONITORING DURING THE DEMOLITION, EXCAVATION, GRADING AND CONSTRUCTION WORK FOR THE NEW CITY PUBLIC SAFETY CENTER n. Resolution Approving the Application for Grant Funds from the California Climate Investments Urban Greening Program for the Second Street to Andersen Drive Multi -Use Pathway (PW) — File 170 Multi -use Pathwav Grant RESOLUTION 14328 — RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM FOR THE SECOND STREET TO ANDERSEN DRIVE MULTI -USE PATHWAY AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATION: 5. Special Presentation: a. Presentation of Resolution Supporting National Police Week (HR) Mavor Phillips presented the Resolution of Appreciation supporting National Police Week to Chief of Police Diana Bishop Chief Bishoo Mavor Phillips b. Presentation of Police Department Awards (PD) Chief of Police Diana Bishop introduced Lieutenant Alan Piombo who conducted the awards ceremony Lieutenant Alan Piombo presented the awards to: Corporal Alex Holm, Life Saving Award Officer Christopher Duncan, Life Saving Award 4 Officer Jack Carpenter, Letter of Commendation Officer Michael Garrison, Life Saving Award Officer Carlos Maldonado, Life Saving Award Officer Buffy Paxson, Life Saving Award San Rafael Marine Auxiliary Unit, Unit Conduct Citation Corporal Rhonda Reese, Meritorious Conduct Citation Officer Jack Carpenter, Letter of Commendation Officer Gino Rantissi, Letter of Commendation Lieutenant Roy Leon, Meritorious Conduct Sergeant Raul Aguilar, Letter of Commendation Former Sergeant Jim Correa, Letter of Commendation Sergeant Mike Vergara, Letter of Commendation Chief Bishop introduced new hires and promotees: Lieutenant Roy Leon Sergeant Scott Ingels Sergeant Justin Graham Officer Zachary Brickell APPEAL HEARING: 6. Appeal Hearing: a. 77 Locust Avenue (Lourdes Convent) — Appeal of the Planning Commission's Action: a) Denying Two Appeals; and b) Upholding the Zoning Administrator's Action to Approve a Use Permit Amendment to Lourdes Convent, to Permit the Conversion of the 1,995 - Square -Foot "Yellow Hallway" Area of the Convent Facility to a Single, Residential Unit for Transitional Housing. Use is Proposed for Two Years; APN: 015-112-23; PD (Planned Development) District; Sisters of Third Order of St. Dominic Congregation of the Most Holy Name Support Charitable Trust, Applicant/Owner; Christopher Dolan, Appellant; Case Number(s): UP16-057, AP17-003 (CD) — File 273 Dominican Sisters Lourdes Convent Appeal Paul Jensen, Community Development Director, presented the staff report Councilmember Colin / Paul Jensen Mavor Phillips declared the appeal hearing opened Christopher Dolan, Appellant Gary Raaahianti, Attorney for Applicant Sister Maureen Mclnernev, Our Lady of Lourdes Convent Christopher Dolan Sister Patricia Simpson 5 Doua Carlston Pastor Thomas Gable, Marin Lutheran Church and Reverend Scott Quinn, Marin Interfaith Council, on behalf of Marin Organizing Committee Michelle, formerly known as a Sister of Hope of France Jacaueline, Dominican student Barry Gilbert Linda Jackson, Program Director, Aging Action Initiative, Marin County Esther Wanina, League of Women Voters Steven Saxe, Marin Environmental Housing Collaborative Don Dickenson, Planner and Planning Commissioner Carmen Quiros-Parent, Locust Avenue Mary Kav Sweenev, Executive Director, Homeward Bound of Marin Jane Kroescha Jim Sturdevant Sister Patricia Simpson Deacon Jean Smith, St. Raphael's' Parish Teresa, Irish David Wulfensberaer, Locust Avenue Thomas Koors Christopher Dolan / Mavor Phillips Monica McMillan There being no further comment from the audience, Mayor Phillips declared the appeal hearing closed Councilmember Bushev / City Attornev Robert Epstein Mavor Phillips Councilmember McCullouah / Paul Jensen / Robert Epstein Councilmember McCullouah / Paul Jensen C1 Councilmember Bushev / Paul Jensen Mavor Phillips Councilmember Gamblin / Paul Jensen / Robert Epstein Councilmember Colin / Paul Jensen Councilmember McCullough / Paul Jensen Councilmember Bushev / Paul Jensen Mavor Phillips / Paul Jensen Paul Jensen Councilmember Gamblin / Paul Jensen Councilmember Bushev Councilmember Gamblin Councilmember McCullough Councilmember Colin Mavor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the resolution denying the appeal, and adding a proviso that in the event the applicant should within the 2 year period, seek to amend or extend the Conditional Use Permit Amendment that they do so upon public notice and a hearing by this body RESOLUTION 14329 — RESOLUTION DENYING APPEAL AP17-003 AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO UPHOLD THE ZONING ADMINISTRATOR'S APPROVAL OF A USE PERMIT AMENDMENT (UP16-057) TO PERMIT THE CONVERSION OF THE 1,995 -SQUARE - FOOT "YELLOW HALLWAY" AREA OF THE LOURDES CONVENT TO A SINGLE RESIDENTIAL UNIT FOR TRANSITIONAL HOUSING FOR A TERM OF TWO YEARS 77 LOCUST AVENUE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARING: 7. Public Hearing: a. Resolution Amending the City Master Fee Schedule Updating Building Permit Fees (P15- 004) (CD) — File 9-10-2 Amend Master Fee Schedule: Building Permits 7 Paul Jensen, Community Development Director, presented the staff report Mavor Phillips declared the public hearing opened; however, there was no comment from the audience Councilmember McCullough Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution Mavor Phillips RESOLUTION 14330 — RESOLUTION AMENDING THE CITY MASTER FEE SCHEDULE UPDATING BUILDING PERMIT FEES (P15-004) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 8. Other Agenda Items: a. Resolution Approving an Agreement with Open Counter Enterprises, Inc. to Build, Deploy and Maintain an Online Platform for Zoning and Business Permitting and Provide Three Year License for Use of Technologies, In an Amount Not to Exceed $67,500 (ED) — File 4-3- 647 Open Counter Online Permittinq Citv Manaqer Jim Schutz Mavor Phillips Danielle O'Learv, Director of Economic Development and Innovation, presented the staff report Councilmember Colin / Danielle O'Leary Councilmember McCullough / Danielle O'Leary Councilmember McCullough / Danielle O'Leary Councilmember McCullough / Danielle O'Leary Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14331 — RESOLUTION APPROVING AN AGREEMENT WITH OPEN COUNTER ENTERPRISES, INC. TO BUILD, DEPLOY AND MAINTAIN AN ONLINE PLATFORM FOR ZONING AND BUSINESS PERMITTING AND PROVIDE THREE YEAR LICENSE FOR USE OF TECHNOLOGIES, IN AN AMOUNT NOT TO EXCEED $67,500 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None N ABSENT: Councilmembers: None b. Resolution Authorizing the City Manager to Allocate Design Contingencies Previously Approved in the Essential Facilities Strategic Plan Budget to Amend the Professional Services Agreements with Mary McGrath Architects (MMA) and Kitchell CEM Inc. for Additional Services Related to Phase 1 Essential Facilities Projects (Public Safety Center, Fire Station #52 and the Fire Station #57); and Authorizing the City Manager Additionally to Amend the Professional Services Agreement with MMA Not to Exceed $75,000, If and As Needed (PW) — File 4-3-582 / 4-3-583 Essential Facilities Aqreement Amendments; Kitchell and McGrath Cristine Alilovich, Assistant City Manager, commented on the Essential Facilities project and introduced the staff report Bill Guerin, Public Works Director, presented the staff report Mavor Phillips Councilmember Colin / Cristine Alilovich Mavor Phillips invited public comment; however, there was none Mavor Phillips Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14332 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE DESIGN CONTINGENCIES PREVIOUSLY APPROVED IN THE ESSENTIAL FACILITIES STRATEGIC PLAN BUDGET TO AMEND THE PROFESSIONAL SERVICES AGREEMENTS WITH MARY MCGRATH ARCHITECTS (MMA) AND KITCHELL CEM INC. FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION #52 AND FIRE STATION #57); AND AUTHORIZING THE CITY MANAGER ADDITIONALLY TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MMA NOT TO EXCEED $75,000, IF AND AS NEEDED AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 9. Councilmember Reports: • Councilmember Colin: o Met with Pickleweed Advisory Board; o Co-chaired Homeless Policy Steering Committee; o Reported on Marin Transit District SAN RAFAEL SUCCESSOR AGENCY Consent Calendar: 0 a. Accept Investment Report for the San Rafael Successor Agency for the Quarter Ended March, 2017 (Fin) — SA Financial Reports SA Quarterly Investment Report Member Bushey moved and Member McCullough seconded to approve the Successor Agency Consent Calendar item AYES: Members: Bushey, Colin, Gamblin, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: None Chairman Phillips ADJOURNMENT: Adjourned at 10:24 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12017 GARY O. PHILLIPS, Mayor 10