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HomeMy WebLinkAboutCC SA Minutes 2017-07-17IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, July 17, 2017 rfrF�'ITYi p�6 Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice -Mayor 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 — 6:15 PM Mayor Phillips announced Closed Session items The City Clerk read the following request from Mr. Brown: "Have the City Attorney, Assistant City Attorney and City Council received Mr. Brown's letter asking that the City Attorney and the Assistant City Attorney recuse themselves from all aspects of Brown v. City of San Rafael due to their conflict of interest? And then, during public comment AFTER, the closed session: What have the City Attorney and Assistant City Attorney decided about Mr. Brown's request for recusal? What firm or firms have the City and City Council engaged to represent them in the matter of Brown v. City of San Rafael?" CLOSED SESSION — CITY MANAGER'S CONFERENCE ROOM — 6:15 PM 2. Closed Session: a. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d) (1) Name of Case: Anthony Alviso et.al. v. City of San Rafael U.S. District Court for the N.D. of California Case No. CV 16-7056 MEJ b. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d)(1) Name of Case: David C. Brown vs. City of San Rafael, et al., Marin County Superior Court Case No. CIV 1702258 • City Attornev Robert Epstein stated "There were two pending litigation matters about which the City met in Closed Session and there is no reportable action with regard to either matter. I did want to add the following comment though with regard to the recently filed case of David Brown vs. City of San Rafael that the Council directed that I disclose the City's intent to vigorously defend that action" OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: Dennis Rodoni, Marin County Board of Supervisors, District 4, introduced himself to the City Council Sam Ferauson addressed Council regarding Canal dredging Anna Belanaer, Lowrie Yacht Harbor, addressed Council regarding San Rafael Creek dredging Nadine Urciuoli, Helmuts Marine Service & Friends of the San Rafael Canal, addressed Council regarding Canal dredging Mamie Hubert addressed Council regarding SB 54 Isela Diaz addressed Council regarding SB 54 Robert Matthews addressed Council regarding immigration Dan Monte addressed Council regarding SB 54 Fernando Ulloa, M.D., addressed Council regarding SB 54 Kristine Rinqrose addressed Council regarding SB 54 Pat Johnston addressed Council regarding SB 54 Mavor Phillips Olivia and Tonatiuh Beltran addressed the City Council regarding SB 54 Mavor Phillips CITY MANAGER'S REPORT: 3. City Manager's Report Citv Manaqer Jim Schutz reported on: • Decommissioning of Fire Station 51 on Saturday, and the temporary fire station opening; • Public Safety Center Status meeting to be held on Thursday, July 20, 2017 at 6:00 p.m. in City Hall Council Chambers; • East San Rafael Parking meeting held on July 12; • San Rafael received Statewide Recognition as one of California's first Downtown Cultural Districts; • San Rafael Sunset Criterium event to be held on Saturday, July 29 CONSENT CALENDAR: 2 4. Consent Calendar Items: Item 4.b removed from the Consent Calendar for comment Councilmember Colin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of Special City Council Meeting and City Council / Successor Agency Regular Meeting of June 19, 2017 (CC) Special Meetinq Minutes 06/19/2017 Reqular Meetinq Minutes 06/19/2017 Approved Minutes as submitted C. Resolution Approving a Contract for Fiscal Year 2017-2018 with First 5 Marin (Marin Children's and Families Commission) in the Amount of $98,018 for Preschool Services at Pickleweed Preschool and Authorizing the City Manager to Execute Required Contract Documents (CS) — File 4-10-238 Pickleweed Preschool Funding; First 5 Marin RESOLUTION 14360 — RESOLUTION APPROVING A CONTRACT FOR FISCAL YEAR 2017-2018 WITH FIRST 5 MARIN (MARIN CHILDREN'S AND FAMILIES COMMISSION) IN THE AMOUNT OF $98,018 FOR PRESCHOOL SERVICES AT PICKLEWEED PRESCHOOL AND AUTHORIZING THE CITY MANAGER TO EXECUTE REQUIRED CONTRACT DOCUMENTS d. Resolution Approving a Contract (California State Preschool Program — 7280) with the California Department of Education to Provide Funding in the Amount of $196,122 for Fiscal Year 2017-2018 for Child Development Services and Authorizing the City Manager to Execute the Contract Documents (CS) — File 4-10-238 Pickleweed Preschool State Funding RESOLUTION 14361 — RESOLUTION APPROVING A CONTRACT (CALIFORNIA STATE PRESCHOOL PROGRAM — 7280) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION TO PROVIDE FUNDING IN THE AMOUNT OF $196,122 FOR FISCAL YEAR 2017-2018 FOR CHILD DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS e. Resolution Approving a Professional Services Agreement with Strategic Energy Innovations to Employ One Climate Corps Fellow for Sustainability Programs (CM) — File 4-3-536 Sustainabilitv Fellowship Agreement RESOLUTION 14362 — RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS TO EMPLOY ONE CLIMATE CORPS FELLOW FOR SUSTAINABILITY PROGRAMS Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Simpson Gumpertz & Heger Inc. for Engineering Design Services Associated with the City Hall and Terra Linda Community Center Re -Roof Project, to Increase the Scope of Work and Compensation, for a Total Contract Amount not to exceed $103,930 (PW) — File 4-3-654 Citv Hall & Terra Linda CC Re -Roof RESOLUTION 14363 — RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH SIMPSON GUMPERTZ & HEGER INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE CITY HALL AND TERRA LINDA COMMUNITY CENTER RE -ROOF PROJECT, TO INCREASE THE SCOPE OF WORK AND COMPENSATION, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $103,930 g. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Miller Pacific Engineering Group for Geotechnical Investigation, Site Analysis, and Reports Associated with the 2017 Storm Damage Sites in a Total not to exceed Amount of $70,108 (PW) — File 4-3-655 2017 Storm Damaqe Repair RESOLUTION 14364 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MILLER PACIFIC ENGINEERING GROUP FOR GEOTECHNICAL INVESTIGATION, SITE ANALYSIS, AND REPORTS ASSOCIATED WITH THE 2017 STORM DAMAGE SITES IN A TOTAL NOT TO EXCEED AMOUNT OF $70,108 h. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Smith -Emery San Francisco for Special Inspection Services Associated with Materials Testing in Support of the Essential Facilities Projects at Fire Stations 52 and 57 and the Public Safety Center in an amount not to exceed $149,598.23 (PW) — File 4-3-656 x 12-22 Essential Facilities Materials Testinq Inspection Svcs RESOLUTION 14365 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SMITH -EMERY SAN FRANCISCO FOR SPECIAL INSPECTION SERVICES ASSOCIATED WITH MATERIALS TESTING IN SUPPORT OF THE ESSENTIAL FACILITIES PROJECTS AT FIRE STATIONS 52 AND 57 AND THE PUBLIC SAFETY CENTER IN AN AMOUNT NOT TO EXCEED $149,598.23 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None The following item was removed from the Consent Calendar for comment: b. Resolution Authorizing the City Manager to Sign a) An Amendment to the Executed Below Market Rate Agreement Addressing "For Sale" BMR Units; and b) a New Below Market Rate Agreement Addressing BMR Rental/Lease Options for the Mission/Irwin Carriage House Development at 1200 Irwin Street (APN 014-013-05) (CD) — File 229 1200 Irwin Street BMR Aqr. Councilmember McCullough Paul Jensen, Community Development Director Assistant Citv Attornev Lisa Goldfien Mavor Phillips invited public comment Casev Clement, Thompson Development / Lisa Goldfien 4 Councilmember McCullough Paul Thompson, Owner of Thompson Development Councilmember McCullough / Paul Thompson Councilmember McCullough / Paul Thompson Mavor Phillips / Paul Thompson Citv Attorney Robert Epstein Councilmember McCullough Paul Thompson Casev Clements / Paul Jensen / Paul Thompson Councilmember Bushev / Paul Thompson Councilmember Bushev / Paul Thompson Citv Attornev Robert Epstein Councilmember Bushev / Paul Thompson Councilmember Bushev / Paul Thompson Councilmember Gamblin / Paul Thompson Mavor Phillips Councilmember McCullough / City Attornev Robert Epstein Councilmember McCullough / City Attorney Robert Epstein Councilmember McCullough / City Attornev Robert Epstein Councilmember McCullough / Paul Thompson There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution subject to editing by the City Attorney, and subject to the provision that it be limited to one year Councilmember Bushev RESOLUTION 14366 — RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A) AN AMENDMENT TO THE EXECUTED BELOW MARKET RATE AGREEMENT ADDRESSING "FOR SALE" BMR UNITS; AND B) A NEW BELOW MARKET RATE AGREEMENT ADDRESSING BMR RENTAL/LEASE OPTIONS FOR THE MISSION/IRWIN CARRIAGE HOUSE DEVELOPMENT AT 1200 IRWIN STREET (APN 014-013-05) 5 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS 5. Public Hearings: a. Resolution Confirming the Engineer's Annual Levy Report for the Baypoint Lagoons Assessment District, the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2017-2018 (PW) — File 6-48 Bavooint Laaoons Landscapinq & Liahtina Assessment District Bavooint Laaoons Annual Report Bill Guerin, Public Works Director, introduced Senior Management Analyst Talia Smith who made the staff presentation Talia Smith Mavor Phillips declared the public hearing opened; however, there being no comment from the audience, Mayor Phillips closed the public hearing Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14367 — RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE BAYPOINT LAGOONS ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2017-2018 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Resolution Confirming the Engineer's Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District, the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2017-2018 (PW) — File 6-56 Pt. San Pedro Rd. Median Landscapinq Assessment District Willdan Enaineer's Annual Report 2017-18 Bill Guerin, Public Works Director, introduced Senior Management Analyst Talia Smith who gave a presentation Talia Smith Mavor Phillips declared the public hearing opened; however, there being no comment from the audience, Mayor Phillips closed the public hearing Mavor Phillips 11 Councilmember Bushev Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution Councilmember McCullough RESOLUTION 14368 — RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2017-2018 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Mavor Phillips C. Resolution to Vacate a Portion of an Existing Public Access Easement and to Accept the Grant of a New Public Access Easement for the Boardwalk on Lots 3, 4 and 5 of the Village at Loch Lomond Marina Phase 1, San Rafael, California (PW) — File 2-4-42 Village at Loch Lomond Marina Easement Relocation Kevin McGowan, Assistant Public Works Director, introduced Land Development Engineer / Civil Associate Engineer Josh Minshall. Josh Minshall Mavor Phillips declared the public hearing opened; however, there being no comment from the audience, Mayor Phillips closed the public hearing Councilmember Gamblin moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14369 — RESOLUTION TO VACATE A PORTION OF AN EXISTING PUBLIC ACCESS EASEMENT AND TO ACCEPT THE GRANT OF A NEW PUBLIC ACCESS EASEMENT FOR THE BOARDWALK ON LOTS 3,4 AND 5 OF THE VILLAGE AT LOCH LOMOND MARINA PHASE 1, SAN RAFAEL, CALIFORNIA AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Setting the Mello -Roos Special Tax for Fiscal Year 2017-2018 for City of San Rafael Community Facilities District No. 2 at the Village at Loch Lomond Marina (CA) — File 6-55 Villaqe at Loch Lomond Marina Special Tax Assistant Citv Attornev Lisa Goldfien presented the staff report Councilmember McCullough / Lisa Goldfien 7 Paul Jensen, Community Development Director Councilmember Colin / Paul Jensen Mavor Phillips invited public comment; however, there was none. Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14370 — RESOLUTION SETTING THE SPECIAL TAX FOR FISCAL YEAR 2017-2018 FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 AT THE VILLAGE AT LOCH LOMOND MARINA AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Residential Building Resale (RBR) Program 6 -month Progress Report — File 286 Residential Building Resale Report Paul Jensen, Community Development Director, presented the staff report and introduced Building Official Thomas Ahrens Mavor Phillips Councilmember McCullough / Paul Jensen / Thomas Ahrens Mavor Phillips / Thomas Ahrens Councilmember McCullough / Thomas Ahrens Mavor Phillips Councilmember McCullough / Paul Jensen Mavor Phillips / Paul Jensen Mavor Phillips invited public comment Andv Feqlev, Marin Association of Realtors Mavor Phillips / Paul Jensen Mavor Phillips Citv Manager Jim Schutz Mavor Phillips Councilmember McCullough Mavor Phillips W There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Colin moved and Councilmember Bushey seconded to accept the report Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None C. Resolution Approving and Authorizing the Mayor to Execute the City's Response to the May 10, 2017 Marin County Grand Jury Report Entitled "Marin's Retirement Health Care Benefits: The Money Still Isn't There" (Fin) — File 269 Grand Jury Response on Health Care Mark Moses, Finance Director, presented the staff report Mavor Phillips invited public comment; however, there was none Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14371 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY'S RESPONSE TO THE MAY 10, 2017 MARIN COUNTY GRAND JURY REPORT ENTITLED WARIN'S RETIREMENT HEALTH CARE BENEFITS: THE MONEY STILL ISN'T THERE" AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None d. Resolution Approving and Authorizing the Mayor to Execute the City's Response to the May 25, 2017 Marin County Grand Jury Report Entitled "The Budget Squeeze: How will Marin Fund its Public Employee Pension?" (Fin) — File 269 Grand Jury Response on Pensions Mark Moses, Finance Director, presented the staff report Mavor Phillips Mavor Phillips invited public comment; however, there was none Councilmember Colin Councilmember Gamblin Mark Moses Mavor Phillips Councilmember Bushey moved and Councilmember Gamblin seconded to adopt the Resolution M RESOLUTION 14372 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY'S RESPONSE TO THE MAY 25, 2017 MARIN COUNTY GRAND JURY REPORT ENTITLED "THE BUDGET SQUEEZE: HOW WILL MARIN FUND ITS PUBLIC EMPLOYEE PENSION?" AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None e. Resolution to Authorize the City Manager to Establish Flexibly Staffed Positions for Designated Classification Series; and Establish an Associate Management Analyst Classification and Updated Public Employee Union, Local 1 Salary Schedule (HR) — File 9-3-86 Personnel Actions Stacev Peterson, Human Resources Director, presented the staff report Councilmember McCullough / Stacev Peterson Councilmember McCullough / Stacev Peterson Mavor Phillips invited public comment; however, there was none. Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14373 — RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FLEXIBLY STAFFED POSITIONS FOR DESIGNATED CLASSIFICATION SERIES; AND ESTABLISH AN ASSOCIATE MANAGEMENT ANALYST CLASSIFICATION AND UPDATED PUBLIC EMPLOYEE UNION, LOCAL 1 SALARY SCHEDULE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 7. Councilmember Reports: Mavor Phillips requested dredging be placed on a future agenda / Jim Schutz, City Manager Mavor Phillips reported on: • Meeting with Larry Paul • Senate Bill 54 workshop • Decommissioning of Station 51 • Downtown San Rafael Benches • Meeting with Ritter's new Executive Director, Linda Tavaszi, and former Executive Director, Cia Byrnes • East San Rafael Parking meeting • Groundbreaking for Helen Vine Recovery Center • Representative of new owners for Northgate-Rotary meeting today 10 Councilmember Colin reported on the Climate Change Action Plan revision meeting on Friday last, and she expressed thanks to Vice -Mayor Bushey for hosting the meeting this coming Thursday in her absence. Councilmember McCullouah reported on the East San Rafael Parking meeting, and expressed thanks to Bill Guerin and staff. He attended a meeting with the new owner of Northgate Mall, and commented on a potential conflict of interest he may have. Councilmember Bushev commented on the new fire engines SAN RAFAEL SUCCESSOR AGENCY Consent Calendar: -None None ADJOURNMENT: Meeting adjourned at 9:26 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12017 GARY O. PHILLIPS, Mayor 11