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Home My WebLink AboutCC SA Minutes 2017-12-18 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, December 18, 2017 Regular Meeting MINUTES San Rafael City Council 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 – 5:30 PM 1. Mayor Phillips announced Closed Session items CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 5:30 PM 2. Closed Session: a. Public Employee Appointment- Government Code section 54957: Title: (Interim/Acting City Clerk) b. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(d)(2): Significant Exposure to Litigation (One potential case) City Attorney Robert Epstein announced that no reportable action was taken Mayor Phillips OPEN TIME FOR PUBLIC EXPRESSION Jim Fox addressed Council regarding cell phone charging stations in the City of San Rafael CITY MANAGER’S REPORT: 3. City Manager’s Report City Manager Jim Schutz expressed thanks to staff and the City Council for their hard work performed in 2017. Mayor Phillips 2 CONSENT CALENDAR: 4. Consent Calendar Items: Item 4.e removed from the Consent Calendar for comment Councilmember McCullough moved and Councilmember Bushey seconded to approve the remainder of the Consent Calendar Items: a. Reappointment of Pamela Harlem to the Marin/Sonoma Mosquito & Vector Control District for a Two-Year Term to Expire End of December 2019 (CC) – File 9-2-9 MVCD Reappointment Approved staff recommendation b. Resolution Authorizing the Mayor to Execute a Revised Employment Agreement with City Manager James M. Schutz to Take Effect as of August 1, 2017 (CM) – File 9-3-11 City Manager Employment Agreement RESOLUTION 14430 – RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A REVISED EMPLOYMENT AGREEMENT WITH CITY MANAGER JAMES M. SCHUTZ TO TAKE EFFECT AS OF AUGUST 1, 2017 c. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with CSG Consultants, Inc. to Provide Temporary Code Enforcement Services (Term of Agreement: Up to 1 Year, with a Six-Month Extension for a Total Budget Amount Not to Exceed $125,000) (CD) – File 4-3-549 Temporary Code Enforcement Services RESOLUTION 14431 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE TEMPORARY CODE ENFORCEMENT SERVICES (TERM OF AGREEMENT: UP TO 1 YEAR, WITH A SIX-MONTH EXTENSION FOR A TOTAL BUDGET AMOUNT NOT TO EXCEED $125,000) d. Resolution Authorizing a Professional Services Agreement with Burke, Williams & Sorensen, LLP for Labor Negotiation Services (HR) – File 4-3-671 Labor Negotiation Services RESOLUTION 14432 – RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LABOR NEGOTIATION SERVICES f. Resolution Declaring Intention to Reimburse Expenditures for Certain Capital Projects from the Proceeds of Tax-Exempt Obligations (Fin) – File 12-22 Bond Proceeds Expenditure Reimbursement RESOLUTION 14433 – RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FOR CERTAIN CAPITAL PROJECTS FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS 3 g. Fiscal Year 2016-2017 Annual Financial Report, the Gann Appropriations Limit Report, the Memorandum of Internal Control, Child Development Program Report and the Single Audit Report (Fin) – File 8-1 x 8-9 x 9-3-20 Financial Reports FY 2016-17 Accepted reports h. Resolution Approving the Purchase from Sentry Control Systems of Upgraded Pa y-On- Foot Stations in the City-Owned Parking Garages at Third & A Streets and Third & C Streets, In the Amount of $147,726 (PS) – File 4-3-629 Pay Station Upgrades RESOLUTION 14434 – RESOLUTION APPROVING THE PURCHASE FROM SENTRY CONTROL SYSTEMS OF UPGRADED PAY-ON-FOOT STATIONS IN THE CITY-OWNED PARKING GARAGES AT THIRD & A STREETS AND THIRD & C STREETS, IN THE AMOUNT OF $147,726 i. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Martin/Martin Inc. for the Design of the Fifth and C Street Parking Structure Modifications, City Project No. 11195, In an Amount Not to Exceed $65,000 (PW) – File 4-3-569 Fifth and C Parking Structure Modifications RESOLUTION 14435 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARTIN/MARTIN INC. FOR THE DESIGN OF THE FIFTH AND C STREET PARKING STRUCTURE MODIFICATIONS, CITY PROJECT NO. 11195, IN AN AMOUNT NOT TO EXCEED $65,000 j. Resolution Approving and Authorizing the City Manager to Execute an Agreement with Steve Kinsey for Transit Center Advisory Services in an Amount Not to Exceed $50,000 (PW) – File 4-3-671 x 245 Transit Center Advisory Services RESOLUTION 14436 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STEVE KINSEY FOR TRANSIT CENTER ADVISORY SERVICES IN AN AMOUNT NOT TO EXCEED $50,000 k. Fiscal Year 2017-2018 Fleet Vehicle Purchases: (PW) – File 9-3-40.1 1) Resolution Authorizing the City Manager to Purchase Seven Vehicles for Public Works, Police Department, Fire Department, and Parking Services; 2) Resolution Authorizing the City Manager to Enter Into a 3-Year Agreement with PCS Mobile, Inc. for Autovu License Plate Recognition Software In an Amount Not to Exceed $167,295 Fleet Vehicle Purchases FY2017-18 RESOLUTION 14437 – RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE SEVEN VEHICLES FOR PUBLIC WORKS, POLICE DEPARTMENT, FIRE DEPARTMENT, AND PARKING SERVICES RESOLUTION 14438 – RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3- YEAR AGREEMENT WITH PCS MOBILE, INC. FOR AUTOVU LICENSE PLATE RECOGNITION SOFTWARE IN AN AMOUNT NOT TO EXCEED $167,295 4 l. Resolution Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with Mark Thomas and Company, Inc. for Final Design and Right of Way Services for the Southern Heights Bridge Replacement Project, City Project No. 11282, and to Increase the Compensation By $343,499, for a Total Not to Exceed Amount of $585,067 (PW) – File 4-3-620 Southern Heights Bridge Replacement RESOLUTION 14439 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS AND COMPANY, INC. FOR FINAL DESIGN AND RIGHT OF WAY SERVICES FOR THE SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT, CITY PROJECT NO. 11282, AND TO INCREASE THE COMPENSATION BY $343,499, FOR A TOTAL NOT TO EXCEED AMOUNT OF $585,067 m. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for Engineering Design Services Associated with the San Quentin Pump Station Reconstruction Project in an Amount Not to Exceed $128,038 (PW) – File 4-3-672 San Quentin Pump Station Reconstruction RESOLUTION 14440 – RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT IN AN AMOUNT NOT TO EXCEED $128,038 n. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Danadjieva Hansen Architects, Inc. for Professional Design Services Associated with the City Child Care Modular Building Replacement Project, for a Contract Amount No t to Exceed $113,000 (PW) – File 4-3-673 Child Care Modular Building Replacement RESOLUTION 14441 – RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DANADJIEVA HANSEN ARCHITECTS, INC. FOR PROFESSIONAL DESIGN SERVICES ASSOCIATED WITH THE CITY CHILD CARE MODULAR BUILDING REPLACEMENT PROJECT, FOR A CONTRACT AMOUNT NOT TO EXCEED $113,000 o. Accept Completion of the 7 Beechwood Court Storm Drain Improvements Project (City Project No. 11305) and Authorize the City Clerk to File the Notice of Completion (PW) – File 4-1-703 NOC 7 Beechwood Storm Drain Improvements Approved staff recommendation p. Resolution of Appreciation for Matt Smith, San Rafael Sanitation District (SRSD), Employee of the Third Quarter, 2017 (SRSD) – File 102 RESOLUTION 14442 – RESOLUTION OF APPRECIATION FOR MATT SMITH, SAN RAFAEL SANITATION DISTRICT (SRSD), EMPLOYEE OF THE THIRD QUARTER, 2017 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 5 The following item was removed from the Consent Calendar: e. Accept Special Library Parcel Tax Committee Annual Report (Lib) – File 9-2-62 Special Library Parcel Tax Committee Report Councilmember Colin Mayor Phillips invited public comment; however, there was none 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 SPECIAL PRESENTATION: 5. Special Presentation: a. Presentation of Resolution of Appreciation to Matt Smith, San Rafael Sanitation District, Employee of the Third Quarter, 2017 (SRSD) Mayor Phillips presented the Resolution of Appreciation to Matt Smith, Employee of the Third Quarter 2017 Matt Smith, San Rafael Sanitation District OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Consideration of Resolution of Intention to Transition from At-Large Elections to District- Based City Council Elections (CA) – File 9-4 (District Elections) District-Based Elections City Attorney Robert Epstein presented the staff report Mayor Phillips invited public comment Jackie Schmidt, MARA Lisa Doring Pat Johnstone Mayor Phillips / Pat Johnstone 6 Robert Epstein Christy Gerful, MARA Gerald Belletto Jonathan Frieman Eric, Youth for Justice Ari Goozman Paul Cohen Olivia Beltran Jack Nixon, Dominican Black Canyon Neighborhood Association President Pam Reeves Deborah Talb Steven Bingham Yolanda Gibson, Marin Latino Leaders Co-Founder There being no further comment from the audience, Mayor Phillips closed the public comment period City Attorney Robert Epstein City Manager Jim Schutz Councilmember Gamblin / City Attorney Robert Epstein Mayor Phillips Councilmember McCullough / City Attorney Robert Epstein Councilmember McCullough / City Attorney Robert Epstein Mayor Phillips / City Attorney Robert Epstein Mayor Phillips City Manager Jim Schutz Councilmember Gamblin / City Manager Jim Schutz Councilmember Gamblin / City Attorney Robert Epstein 7 City Manager Jim Schutz City Attorney Robert Epstein Councilmember Gamblin / City Attorney Robert Epstein Councilmember Gamblin / City Attorney Robert Epstein Councilmember Colin Councilmember Gamblin Councilmember Bushey Councilmember McCullough Mayor Phillips Councilmember McCullough moved and Councilmember Colin seconded to take no action at this time on this matter and return the item at the next scheduled meeting - January 16, 2018 Councilmember Bushey Councilmember McCullough revised his motion to incorporate the sentiments expressed by Councilmember Bushey and also to make modest revisions to the Resolution. Seconded by Councilmember Colin. Return item to City Council Meeting of January 16, 2018 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None APPEAL HEARING: 7. Appeal Hearing: a. Resolution Denying an Appeal and Upholding the Planning Commission's October 10, 2017 Action to Uphold Zoning Administrator's August 23, 2017 Approval of a Use Perm it (UP17-018) to Allow an Animal Care Facility within an Existing Developed Site at 629 Lindaro Street (CD) – File 273 Animal Care Facility Appeal Raffi Boloyan, Community Development Planning Manager, introduce d Ali Giudice, contract planner, who presented the staff report Ali Giudice Councilmember Colin / Ali Giudice Mayor Phillips / Ali Giudice 8 Mayor Phillips / Raffi Boloyan Councilmember Gamblin / Ali Giudice Mayor Phillips invited public comment Terrel Mason, Attorney for Applicant Emily Rannow, Applicant Mayor Phillips / Emily Rannow Councilmember Gamblin / Emily Rannow Councilmember Gamblin / Emily Rannow Councilmember Gamblin / Emily Rannow Councilmember Gamblin / Emily Rannow Councilmember Gamblin / Emily Rannow Councilmember Gamblin / Emily Rannow Linda Rames, Appellant Lisa Doring Jill Newcomer Mike Sterling Joe Garbarino Bill Hart Teague Sterling Neil Grossman Mayor Phillips / Neil Grossman Richard Rannow Geoff Greenberg Patty Sterling Christine O'Kelly Regina Johnson 9 Lori Schifrin Eileen Stevens Speaker There being no further comment from the audience, Mayor Phillips closed the public com ment period Mayor Phillips / Raffi Boloyan Councilmember Gamblin Councilmember Colin / Ali Giudice Raffi Boloyan Councilmember Bushey / Raffi Boloyan Councilmember McCullough Mayor Phillips / Ali Giudice Mayor Phillips Councilmember Colin / Ali Giudice Councilmember Colin / Ali Giudice Councilmember Colin Councilmember Gamblin Councilmember Bushey Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14443 – RESOLUTION DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S OCTOBER 10, 2017 ACTION TO UPHOLD ZONING ADMINISTRATOR’S AUGUST 23, 2017 APPROVAL OF A USE PERMIT (UP17-018) TO ALLOW AN ANIMAL CARE FACILITY WITHIN AN EXISTING DEVELOPED SITE AT 629 LINDARO STREET AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None PUBLIC HEARINGS 8. Public Hearings: 10 a. 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 2018 (ED) – File 224 x 183 Downtown BID Annual Assessment Danielle O'Leary, Director of Economic Development and Innovation, presented the staff report Mayor Phillips Councilmember Gamblin / Danielle O'Leary Jamie Ortiz Councilmember Colin Councilmember Bushey Jamie Ortiz Mayor Phillips declared the public hearing opened, however, there being no comment from the audience, he closed the Public Hearing Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution and accept the report Councilmember McCullough RESOLUTION 14444 – 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 2018 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Consideration of an Ordinance of the City Council of the City of San Rafael Amending Chapter 8.19 of the San Rafael Municipal Code Entitled “Social Host Ordinance” to Apply to Additional Private Property and Adding Provisions for Requiring Participation by Offenders in a Restorative Justice Program (PD) – File 13-1 x 9-3-30 Social Host Ordinance Diana Bishop, Chief of Police Councilmember Colin / Chief Bishop Mayor Phillips declared the public hearing open Eric, Youth for Justice Ari Goozman, Youth for Justice Carlos, Youth for Justice 11 Speaker, Consejo Rosa Vasquez, Consejo Rita Sedano Garcia, Consejo Don Carney, YMCA, Marin County Youth Court There being no further comment from the audience, Mayor Phillips declared the public hearing closed Councilmember Colin The title of the ordinance was read: An Ordinance of the City Council of the City of San Rafael Amending Chapter 8.19 of the San Rafael Municipal Code Entitled “Social Host Ordinance” to Apply to Additional Private Property and Adding Provisions for Requiring Participation by Offenders in a Restorative Justice Program Councilmember Colin moved and Councilmember Bushey seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1950 to print by the following vote, to wit: Passed Ordinance No. 1950 to print AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None c. Consideration of an Ordinance of the City Council of the City of San Rafael Amending Title 5 of the City of San Rafael Municipal Code to Add New Chapter 5.38 Related to Traffic Safety Rules for the Use of Medians (PD) – File 11-34 x 9-3-30 Median Ordinance Diana Bishop, Police Chief, presented the staff report Councilmember McCullough / Chief Bishop / Charmine Solla, Traffic Engineer Mayor Phillips / Chief Bishop Mayor Phillips declared the public hearing opened Jonathan Frieman There being no further comment from the audience, Mayor Phillips declared the public hearing closed The title of the ordinance was read: An Ordinance of the City Council of the City of San Rafael Amending Title 5 of the City of San Rafael Municipal Code to Add New Chapter 5.38 Related to Traffic Safety Rules for the Use of Medians Councilmember Bushey moved and Councilmember McCullough seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1951 to print by the following vote, to wit: 12 Passed Ordinance No. 1951 to print AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS Continued: 9. Other Agenda Items: a. Resolution Adopting Amendments to the 2017-2018 Budget (Fin) – File 8-5 Budget Amendments FY2017-18 Mark Moses, Finance Director, presented the staff report Mayor Phillips / Mark Moses Councilmember McCullough / Mark Moses Councilmember McCullough / Mark Moses Mayor Phillips declared the public hearing opened, however, there being no comment from the audience, he closed the Public Hearing Councilmember Colin Councilmember Colin moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14445 – RESOLUTION ADOPTING AMENDMENTS TO THE 2017-2018 BUDGET AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Resolution Awarding a Construction Contract to Alten Construction, Inc. for the City of San Rafael Essential Facilities Construction Project – Public Safety Center - In the Amount of $34,978,000 (PW) – File 4-1-718 Public Safety Center Construction Bid Award Bill Guerin, Public Works Director, presented the staff report Mayor Phillips Councilmember Gamblin / Mark Moses / Bill Guerin Mayor Phillips Mayor Phillips invited public comment; however, there was none Councilmember McCullough 13 Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolution RESOLUTION 14446 – RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ALTEN CONSTRUCTION, INC. FOR THE CITY OF SAN RAFAEL ESSENTIAL FACILITIES CONSTRUCTION PROJECT – PUBLIC SAFETY CENTER - IN THE AMOUNT OF $34,978,000 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Mayor Phillips c. Election of Vice-Mayor for the City of San Rafael for 2018 Mayor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to elect Councilmember John Gamblin to serve as Vice-Mayor for the City of San Rafael for 2018 COUNCILMEMBER JOHN GAMBLIN ELECTED VICE-MAYOR 2018 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None d. Approval of City Council Committee Appointments for 2018 City Council Committee Appointments 2018 Councilmember Colin / City Manager Jim Schutz Mayor Phillips Councilmember McCullough moved and Councilmember Gamblin seconded to approve City Council Committee Appointments for 2018 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: 10. Councilmember Reports: • Councilmember Colin reported on: o Marin Latino Leaders Luncheon; o Climate Change Action Plan Revision; o Marin Transit District; and o Generation Citizen Event 14 • Councilmember Gamblin: o Attended Marin Coalition meeting on the topic of pension obligations; and o Requested a six-month update on the City’s deep green conversion • City Manager Jim Schutz / Councilmember Colin • Mayor Phillips reported on: o Annual Boards and Commissions reception; o Marin Coalition; o His visit to Mill Valley with Danielle O'Leary and Nunzio Alioto; o Met with Patrick Seidler on multi-use pathway; o Met with Santa Rosa Mayor on recent fires and district elections; o Parade of Lights; o Lunch with Paul Goldstone; o Essential Facilities; o Downtown Streets Team; and o Bicentennial Celebration at Mission San Rafael SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None ADJOURNMENT: Adjourned the meeting in honor of Ed Lee, Mayor of San Francisco, recently deceased. _________________________________ ESTHER C. BEIRNE, City Clerk APPROVED THIS_____DAY____OF_______, 2018 _____________________________________ GARY O. PHILLIPS, Mayor