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Home My WebLink AboutCC SA Minutes 2018-07-16 1 In the Council Chambers of the City of San Rafael, Monday, July 16, 2018 Regular Meeting San Rafael City Council Minutes Present: Mayor Phillips Councilmember Bushey Councilmember Colin Councilmember McCullough Absent: Vice-Mayor Gamblin Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Lindsay Lara OPEN SESSION – COUNCIL CHAMBERS, CITY HALL – 5:30 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM, CITY HALL – 5:30 PM 2. Closed Session: a. Conference with Labor Negotiators Government Code Section 54957.6 Lead Negotiator: Timothy L. Davis (Burke, Williams & Sorensen) Agency Designated Representatives: Jim Schutz, Cristine Alilovich, Stacey Peterson, Lauren Monson, Mark Moses, Nadine Hade, Christopher Gray, Diana Bishop Employee Organizations: Public Employee Union, Local 1; San Rafael Firefighters' Association; San Rafael Police Association; San Rafael Police Mid-Management Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers' Association Unrepresented Employees: Executive Management group; Mid-Management group; Elected City Clerk and Elected Part-time City Attorney group City Attorney Robert Epstein announced there was no reportable action taken in closed session OPEN TIME FOR PUBLIC EXPRESSION – 7:00 PM Carl Huber, San Rafael Police Association President, addressed the City Council regarding labor negotiations Mayor Phillips The following members of the public addressed the City Council regarding the San Rafael Firefighters' Association: • Rob Winner, Andy Rogerson, Anthony Elviso, Steven Coleman, Conan Kelly, Eric MacAusland, Ashley Alvarez, Laura Minard Mary Luz addressed the City Council regarding safety and crimes in San Rafael 2 Mayor Phillips Andy Rogerson expressed thanks to the City Council for their time CITY MANAGER’S REPORT: 3. City Manager’s Report • City Clerk Lindsay Lara introduced newly hired Deputy City Clerk Brittany Bober • City Manager Jim Schutz reported on: o California Public Utilities Commission (CPUC) approval of the Anderson Drive intersection; o Phased parking improvements in East San Rafael; o General Plan 2040; o Climate Change Action Plan 2030; o San Rafael Sunset Criterium to be held Saturday, July 28, 2018 CONSENT CALENDAR: 4. Consent Calendar Items: Councilmember Bushey moved and Councilmember Colin seconded to approve Consent Calenda r Items: a. Approval of Minutes Approval of Minutes of City Council /Successor Agency Regular Meetings of June 18, 2018 and July 2, 2018 and Approval of Minutes of Special City Council Meeting of June 26, 2018 (CC) Regular Minutes 06-18-2018 Regular Minutes 07-02-2018 Special Mtg Minutes 06-26-2018 Approved Minutes as submitted b. Design Review Board Appointment Appointment of Larry Paul to Fill One Four-Year Term on the San Rafael Design Review Board to the End of June 2022, Due to Expiration of Term of Cheryl Lentini (CC) Design Review Board Appointment Approved staff recommendation c. Measure G Cannabis Industry Tax Election Results Resolution Declaring Canvass of Returns and Results of Consolidated Special Municipal Election Held on June 5, 2018 Regarding Measure G - Cannabis Industry Tax; and Acceptance of the City Clerk's Designation of the Ordinance as Ordinance 1961 to Be Inserted in the Municipal Code (CC) Cannabis Industry Tax - Measure G RESOLUTION 14542 - DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD ON JUNE 5, 2018 REGARDING MEASURE G – CANNABIS INDUSTRY TAX 3 d. Automated Building Inspection Scheduling Resolution Authorizing the City Manager to Execute a Master Services & Hosting Agreement for An Interactive Voice Recognition (IVR) System with Selectron Technologies, Inc. Not-to-Exceed a Budget Amount of $95,880 (CD) Automated Building Inspection Scheduling RESOLUTION 14543 - AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SERVICES & HOSTING AGREEMENT FOR AN INTERACTIVE VOICE RECOGNITION (IVR) SYSTEM WITH SELECTRON TECHNOLOGIES, INC. NOT-TO-EXCEED A BUDGET AMOUNT OF $95,880 e. 2017 Storm Damage Repair - #21 San Pablo Avenue Resolution Awarding and Authorizing the City Manager to Execute, a Construction Agreement for the 2017 Storm Damage Repair at #21 San Pablo Avenue to Hillside Drilling, Inc., in the Amount of $198,850; and Authorizing Contingency Funds in the Amount of $21,150 for a Total Appropriated Amount of $220,000 (PW) #21 San Pablo Avenue Storm Damage Repair RESOLUTION 14544 - AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONSTRUCTION AGREEMENT FOR THE 2017 STORM DAMAGE REPAIR AT #21 SAN PABLO AVENUE TO HILLSIDE DRILLING, INC., IN THE AMOUNT OF $198,850; AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $21,150 FOR A TOTAL APPROPRIATED AMOUNT OF $220,000 f. 2017 Storm Damage Repair - #80 Upper Toyon Drive Resolution Awarding and Authorizing the City Manager to Execute, a Construction Agreement for the 2017 Storm Damage Repair at #80 Upper Toyon Drive to Maggiora & Ghilotti, Inc., in the Amount of $259,259; and Authorizing Contingency Funds in the Amount of $30,741 for a Total Appropriated Amount of $290,000 (PW) #80 Upper Toyon Drive Storm Damage RESOLUTION 14545 - AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONSTRUCTION AGREEMENT FOR THE 2017 STORM DAMAGE REPAIR AT #80 UPPER TOYON DRIVE TO MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $259,259; AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $30,741 FOR A TOTAL APPROPRIATED AMOUNT OF $290,000 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin PUBLIC HEARINGS: 5. Public Hearings: a. San Rafael Bicycle and Pedestrian Master Plan Resolution Adopting a Negative Declaration for the San Rafael Bicycle and Pedestrian Master Plan 2018 Update; Resolution Adopting the San Rafael Bicycle and Pedestrian Master Plan 2018 Update (PW) San Rafael Bicycle and Pedestrian Master Plan 4 Kevin McGowan, Assistant Public Works Director, introduced Steve Kinsey, Alta Planning, and Lauren Davini, who presented the staff report Lauren Davini, Traffic Engineer Steve Kinsey, Alta Planning Mayor Phillips / City Attorney Robert Epstein Councilmember Colin / Steve Kinsey Councilmember Colin / Steve Kinsey Councilmember McCullough / Lauren Davini / Steve Kinsey Mayor Phillips Mayor Phillips declared the public hearing opened Bjorn Griepenburg on behalf of the Marin County Bicycle Coalition requested the following modifications to the Master Plan: • Projects D-8 through D-10: Recommended removal of the “Cross Marin Bikeway” and "NS Greenway" references; these are pedestrian projects only. • Projects D-7 and D-11: Recommended use of a vague description because the connection between B Street and Andersen Drive may also cut through the B Street Community Center parking lot. (D-7 is the project itself, but D-11 references the "Safeway Path") DJ Allison, Bicycle and Pedestrian Advisory Committee Patrick Seidler, Transportation Alternatives for Marin Kate Powers, Bicycle and Pedestrian Advisory Committee Jean Severinghaus There being no further comment from the audience, Mayor Phillips closed the public hearing Mayor Phillips Lauren Davini Mayor Phillips / Steve Kinsey City Attorney Robert Epstein Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution as amended to add "WHEREAS, the Bicycle and Pedestrian Master Plan 2018 Update is a policy document that includes a lengthy list of measures and improvements that will be implemented over time. Prior to implementation, all projects and actions proposed in the plan will require separate City approval and/or allocation of funds, as well as CEQA review and clearance; and" 5 RESOLUTION 14546 - RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE SAN RAFAEL BICYCLE AND PEDESTRIAN MASTER PLAN 2018 UPDATE AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution su bject to revisions suggested by the Marin County Bicycle Coalition RESOLUTION 14547 - RESOLUTION ADOPTING THE SAN RAFAEL BICYCLE AND PEDESTRIAN MASTER PLAN 2018 UPDATE AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin Talia Smith, Senior Management Analyst, presented items 5.b and 5.c together: b. Baypoint Lagoons Landscaping and Lighting Assessment District Resolution Confirming the Engineer's Annual Levy Report for the Baypoint Lagoons Assessment District, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2018-19 (PW) Baypoint Lagoons Landscaping and Lighting Assessment District c. Point San Pedro Road Median Landscaping Assessment District Resolution Confirming the Engineer's Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District, and the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2018 -19 (PW) Pt. San Pedro Rd. Median Landscaping Assessment Kevin McGowan, Assistant Public Works Director, introduced Talia Smith, Senior Management Analyst, who presented the staff report Talia Smith gave a presentation on items 5.b and 5.c Talia Smith presented the staff report for item 5.c Talia Smith / City Attorney Robert Epstein Talia Smith, Senior Management Analyst, presented the staff report for item 5.b Kevin McGowan Mayor Phillips Councilmember McCullough / Talia Smith Mayor Phillips declared the public hearing open for item 5.b, however, there was no comment from the audience Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution 6 RESOLUTION 14548 - RESOLUTION CONFIRMING THE ENGINEER’S ANNUAL LEVY REPORT FOR THE BAYPOINT LAGOONS ASSESSMENT DISTRICT, AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018-19 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin Councilmember Colin / Talia Smith Mayor Phillips Councilmember Colin / Talia Smith Councilmember Bushey / Talia Smith Councilmember Bushey / Talia Smith Councilmember Bushey / Talia Smith Councilmember McCullough Mayor Phillips declared the public hearing for item 5.c opened Kevin Hagerty, Pt. San Pedro Road Coalition Mayor Phillips Jim Dickson, Pt. San Pedro Road Coalition Mayor Phillips There being no further comment from the audience on item 5.c, Mayor Phillips closed the public hearing Councilmember McCullough Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14549 - RESOLUTION CONFIRMING THE ENGINEER’S ANNUAL LEVY REPORT FOR THE POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018-19 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Downtown Streets Team 7 Resolution Authorizing the City Manager to Execute a Three-Year Agreement with the Downtown Streets Team for Homel ess Support Services in Fiscal Years 2018-2019, 2019- 2020 and 2020-2021, In an Amount Not to Exceed $300,000 (CM) Downtown Streets Team Andrew Hening, Director of Homeless Planning and Outreach Councilmember McCullough / City Manager Jim Schutz Councilmember McCullough / City Attorney Robert Epstein Mayor Phillips re-introduced the City Manager's Report City Manager Jim Schutz introduced Andrew Hening to provide an update on homelessness Andrew Hening Andrew Hening presented the staff report Mayor Phillips Mayor Phillips / Andrew Hening Mayor Phillips / Andrew Hening Mayor Phillips / Andrew Hening Mayor Phillips / Andrew Hening Mayor Phillips Mayor Phillips invited public comment; however, there was none Councilmember Colin Councilmember McCullough Mayor Phillips Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution Councilmember McCullough RESOLUTION 14550 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE- YEAR AGREEMENT WITH THE DOWNTOWN STREETS TEAM FOR HOMELESS SUPPORT SERVICES IN FISCAL YEARS 2018-2019, 2019-2020 AND 2020-2021, IN AN AMOUNT NOT TO EXCEED $300,000 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin 8 b. Public Employee Union Local 1 - Confidential Memorandum of Understanding Resolution Establishing the Memorandum of Understanding Between the City and Public Employee Union Local 1 - Confidential Pertaining to Compensation and Working Conditions (July 1, 2018 Through June 30, 2020) (HR) PEU Local 1 Confidential MOU City Attorney Robert Epstein presented the staff report Mayor Phillips Mayor Phillips invited public comment; however, there was none Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14551 - RESOLUTION ESTABLISHING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND PUBLIC EMPLOYEE UNION LOCAL 1 - CONFIDENTIAL PERTAINING TO COMPENSATION AND WORKING CONDITIONS AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin c. Grand Jury Report on Body Worn Cameras Resolution Approving and Authorizing the Mayor to Execute the City's Response to the June 1, 2018 Marin County Grand Jury Report Entitled "Body-Worn Cameras and Marin Law Enforcement Follow Up Report" (PD) Grand Jury Report on Body Worn Cameras Chief of Police Diana Bishop presented the staff report Mayor Phillips Mayor Phillips / Chief Bishop Mayor Phillips invited public comment; however, there was none Councilmember McCullough / Chief Bishop Councilmember McCullough / Chief Bishop City Attorney Robert Epstein Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resoluti on as amended to include language in Recommendations 4 and 5 that the Police Department look for future opportunities to work with the law enforcement agencies in Marin County to share purchasing opportunities and resources RESOLUTION 14552 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY’S RESPONSE TO THE JUNE 1, 2018 MARIN COUNTY GRAND JURY REPORT ENTITLED "BODY-WORN CAMERAS AND MARIN LAW ENFORCEMENT FOLLOW UP REPORT” 9 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin d. Grand Avenue Pathway Connector Project Resolutions Related to the Grand Avenue Pathway Connector Project, City Project No. 11173 (PW) 1) Resolution Awarding and Authorizing the City Manager to Execute a Construction Agreement for the Grand Avenue Pathway Connector Project to Valentine Corporation in the Amount of $1,776,870, and Authorizing Contingency Funds in the Amount of $241,802 for a Total Appropriated Amount of $2,018,672 2) Resolution Approving and Authorizing the City Manager to Execut e a Professional Services Agreement with Coastland Civil Engineering, Inc. for Inspection Services Associated with the Grand Avenue Pathway Connector Project, in the Amount of $146,328 3) Resolution Approving and Authorizing the City Manager to Execute a Fourth Amendment to the Agreement with Siegfried Engineering, Inc. for Construction Support Services Associated with the Grand Avenue Pathway Connector Project, in the Amount of $40,000, for a Total Contract Not to Exceed Amount of $348,737 Grand Avenue Pathway Mayor Phillips City Attorney Robert Epstein Councilmember McCullough moved and Councilmember Bushey seconded to continue to August 6, 2018 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: 7. Councilmember Reports: None SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: None ADJOURNMENT: Mayor Phillips adjourned the City Council meeting at 9:09 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____ DAY OF____________, 2018 _____________________________________ GARY O. PHILLIPS, Mayor