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Home My WebLink AboutCC SA Minutes 2013-12-02IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, December 2, 2013 ti�lim S'il± of 5lurin Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Councilmember Bushey Lang Councilmember Colin Councilmember Connolly Councilmember McCullough Absent: None Also Present: City Manager Nancy Mackle, City Attorney Robert Epstein, City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS 1. None CLOSED SESSION 2. None ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM Ed and Nancy Boyce confirmed their support for the recent Smoking Ordinance adopted in San Rafael Mayor Phillips CONSENT CALENDAR: Councilmember Connolly moved and Councilmember Colin seconded to approve the Consent Calendar as follows: 3. Consent Calendar Items: Councilmember Bushey Lang clarified the voting procedure for this evening Robert Epstein, City Attorney a. Approval of Minutes of Regular City Council / Successor Agency Meeting of November 18, 2013 (CC) Minutes 11/18/2013 1 Minutes Approved as submitted. b. Resolution Approving and Authorizing the Mayor to Execute Agreements with the State Board of Equalization for Implementation of the City's Transactions and Use Tax (CA) — File 4-10-369 State Board of Equalization TUT Agrs. RESOLUTION NO. 13646 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX C. Second Reading and Final Adoption of Ordinance No. 1915 - Ordinance Amending Chapter 11.04 of the San Rafael Municipal Code to Add a New Section 11.04.0710 Entitled "Newspaper Rack Encroachments" (CM) — File 2-11 x 9-3-40 x 1-5 Ordinance 1915 Approved Final adoption of Ordinance No. 1915 d. Resolution Approving a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for SEIU Local 1021 - Childcare Unit (November 1, 2013 Through October 31, 2015) (MS) — File 7-8-4 Childcare MOU RESOLUTION NO. 13647 - RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 1021 - CHILDCARE UNIT (NOVEMBER 1, 2013 THROUGH OCTOBER 31, 2015) e. Resolution to Honor the Friends of the San Rafael Public Library (Lib) — File 102 Friends of Library RESOLUTION NO. 13648 - RESOLUTION OF APPRECIATION TO THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY Special Library Parcel Tax Committee Annual Report (Lib) — File 9-2-62 Sp. Lib. Parcel Tax Report Accepted report g. Resolution Accepting a Proposal and Authorizing the Public Works Director to Enter into a Professional Services Agreement with Park Engineering, Inc. for Professional Engineering Services for Various Projects in an Amount Not to Exceed $60,000 (PW) — File 4-3-555 Park Engineering RESOLUTION NO. 13649 - RESOLUTION ACCEPTING A PROPOSAL AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH 2 PARK ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS PROJECTS IN AN AMOUNT NOT TO EXCEED $60,000 h. Resolution of Appreciation for City Streets, Parks, Facilities and Garage Division Employees of the Department of Public Works - Team Employees of the Third Quarter, 2013 (PW) — File 102 Employees of Quarter RESOLUTION NO. 13650 - RESOLUTION OF APPRECIATION TO CITY STREETS, PARKS, FACILITIES AND GARAGE DIVISIONS OF THE DEPARTMENT OF PUBLIC WORKS Resolution Accepting a Proposal From Facilities by Design to Provide Professional Design Services for Various Projects and Authorizing the Public Works Director to Execute an Agreement in the Amount of $30,000 (PW) — File 4-3-556 Facilities by Design RESOLUTION NO. 13651 - RESOLUTION ACCEPTING A PROPOSAL FROM FACILITIES BY DESIGN FOR PROFESSIONAL SERVICES TO PROVIDE PROFESSIONAL DESIGN SERVICES FOR VARIOUS PROJECTS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $30,000 j. Resolution Awarding a Contract for the City Hall Interior Improvements Bathroom Remodel Project, City Project No. 11215, to Loic Humbert in the Amount of $143,080.00 (PW) — File 4-1-646 PD Bathroom Project RESOLUTION NO. 13652 - RESOLUTION AWARDING A CONTRACT FOR THE CITY HALL INTERIOR IMPROVEMENTS BATHROOM REMODEL PROJECT, CITY PROJECT NO. 11215, TO LOIC HUMBERT IN THE AMOUNT OF $143,080.00 k. Accept Completion of the LED Street Light Retrofit Project, City Project No. 11210, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-639 LED Street Light Retrofit Completion Approved staff recommendation Resolution Authorizing the Public Works Director to Accept the Relinquishment of Three Properties from the State of California to the City of San Rafael in Relation to the Puerto Suello Multi -Use Pathway (PW) — File 4-3-521 x 171 x 9-3-40 Peurto Suello Multi -Use Pathway RESOLUTION NO. 13653 - RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ACCEPT THE RELINQUISHMENT OF THREE PROPERTIES FROM THE STATE OF CALIFORNIA TO THE CITY OF SAN RAFAEL IN RELATION TO THE PUERTO SUELLO MULTI -USE PATHWAY Councilmember Connolly moved and Councilmember Colin seconded to Approve ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A PARTICULAR ITEM. AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None ABSTAIN: Councilmember: Bushey Lang from item 3.a. — Minutes of 11/18/2013 SPECIAL PRESENTATIONS 4. Special Presentation: a. Presentation of Resolution of Appreciation to Public Works Department Team Employees of the Third Quarter, 2013 (PW) — File 102 Mayor Phillips Jim Forsythe, Public Works b. Presentation of Resolution of Appreciation Honoring the Friends of San Rafael Public Library (Lib) — File 102 Mayor Phillips Friends of San Rafael Public Library representative, Zeta Stillburn, Vice -President PUBLIC HEARINGS 5. Public Hearings: a. Consideration of Ordinance Repealing Ordinance No. 1837, Adopted in 2005 and Imposing a Transactions and Use (Sales) Tax (Measure S) (CA) — File 4-10-369 x 9-4 Ord. Repealing Ord 1837 TUT Robert Epstein, City Attorney, presented the staff report. Mayor Phillips declared the public hearing opened and there being no comment from the audience, he closed the public hearing. The title of the ordinance was read: Ordinance Repealing Ordinance No. 1837, Adopted in 2005 and Imposing a Transactions and Use (Sales) Tax (Measure S). Councilmember McCullough moved and Councilmember Connolly seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1917 to print by the following vote, to wit: AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None 4 b. Consideration of Ordinance No. 1914 Amending Title 4 of the Municipal Code of the City of San Rafael, by Amending Chapter 4.08 Thereto, Adopting the California Fire Code, 2013 Edition, and the International Fire Code, 2012 Edition, with Amendments; Adopting Enforcement, Penalty and Appeals Provisions for Such Codes; Adopting Findings of Fact Supporting the Amendments to Such Codes; and Adopting a Finding that the Ordinance is Exempt from the California Environmental Quality Act under CEQA Guideline Section 15061(b)(3). — File 1-6-4 Fire Code Ordinance John Lippit, Deputy Fire Marshal, presented the staff report. Councilmember McCullough / John Lippit Mayor Phillips declared the Public Hearing opened and there being no comment from the audience, he closed the public hearing. Councilmember Connolly moved and Councilmember Colin seconded to approve final adoption of Ordinance No. 1914 AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None C. Consideration of Ordinance No. 1916 Amending Title 12 of the Municipal Code of the City of San Rafael, by Amending Chapters 12.12, 12.13,12.14,12.16,12.20,12.21 and 12.23,thereto, Repealing Chapters 12.30,12.44 and 12.46; Adopting the California Building Code, 2013 Edition, with Amendments; the California Residential Code, 2013 Edition with Amendments; the California Mechanical Code, 2013 Edition, with Amendments, the California Plumbing Code, 2013 Edition, with Amendments, the California Electrical Code, 2013 Edition, with Amendments, the International Property Maintenance Code, 2012 Edition, with Amendments, the California Green Building Standards Code, 2013 Edition, with Amendments; Adopting Enforcement and Penalties Provisions for the Foregoing Codes; Adopting Findings of Fact Supporting the Amendments to the 2013 California Building Code and 2013 California Residential Code; and Adopting a Finding that the Ordinance is Exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3). — File 1-6-1 Building Code, etc. Ord. Paul Jensen, Community Development Director, introduced the staff report. Thomas Ahrens, Chief Building Official, presented the staff report Councilmember McCullough / Thomas Ahrens Councilmember Colin / Paul Jensen Councilmember Connolly Mayor Phillips 5 Mayor Phillips declared the public hearing opened. Bill Carney, Sustainable San Rafael There being no further comment from the audience, Mayor Phillips closed the public hearing. Councilmember Colin Councilmember McCullough Councilmember Connolly Councilmember Connolly moved and Councilmember Colin seconded to approve final adoption of Ordinance No. 1916 Councilmember McCullough Mayor Phillips / Councilmember McCullough AYES: Councilmembers: Bushey Lang, Colin, Connolly & Mayor Phillips NOES: Councilmember McCullough ABSENT: None d. Consideration of Draft Environmental Impact Report (DEIR) for Single -Use Carry -Out Bag Reduction Ordinance (CD) — File 13-1 x 9-3-85 Single -Use Carry -Out Bags DEIR Paul Jensen, Community Development Director, presented the staff report. Cory Bytof, Sustainability and Volunteer Program Coordinator Mayor Phillips Councilmember McCullough / Cory Bytof / Mayor Phillips Councilmember Connolly Councilmember Colin Mayor Phillips Councilmember McCullough / Paul Jensen Matthew Maddox, Marin County Consultants / Councilmember McCullough Mayor Phillips / Matthew Maddox Mat Maddox Councilmember Bushey Lang / Cory Bytof / Matthew Maddox 0 Councilmember Connolly / Matthew Maddox Councilmember Colin / Matthew Maddox Mayor Phillips / Matthew Maddox / Cory Bytof Councilmember Connolly / Maddox Mayor Phillips / Matthew Maddox Mayor Phillips declared the public hearing opened. Speaker/ Open Time Roger Roberts, San Rafael Maeve Murphy, Green Songha Thomas Rupenthal Alex Statner, San Rafael John Elam, President, Marin Conservation League Bill Carney, Sustainable San Rafael Pam Reeves There being no further comment from the audience, Mayor Phillips closed the public hearing. Councilmember Colin / Nancy Mackle, City Manager Councilmember Connolly Councilmember McCullough Councilmember Bushey Lang Mayor Phillips Councilmember McCullough Mayor Phillips Councilmember Connolly Paul Jensen Councilmember McCullough 7 Mayor Phillips Nancy Mackle Council unanimously approved staff recommendation: AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Approving and Authorizing the City Manager to Execute the California Architectural Paint Recovery Program Collection Facility and Waste Paint Management Services Agreement with Paintcare, Inc. (FD) — File 4-3-545 Paintcare, Inc. John Lippit, Deputy Fire Marshal, presented the staff report. Councilmember Colin / John Lippit Councilmember McCullough / John Lippit Mayor Phillips Public Comment: John Elam Robert Epstein Councilmember McCullough / John Lippit Councilmember McCullough moved and Councilmember Colin seconded, to adopt the Resolution. RESOLUTION NO. 13654 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM COLLECTION FACILITY AND WASTE PAINT MANAGEMENT SERVICES AGREEMENT WITH PAINTCARE, INC. AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES None ABSENT: None CITY MANAGER'S REPORT: 7. City Manager's Report Nancy Mackle W City Hall Closed Ms. Mackle commented on the extend of involvement of City staff in Sustainability efforts. Ms. Mackle noted that City Hall, San Rafael Community Centers and San Rafael Libraries would be closed from Monday, December 23, 2013 through Wednesday, January 1, 2014, reopening on January 2, 2014. The City Council / Successor Agency meeting for January 6, 2014 will be cancelled. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on 8. Councilmember Reports Phillips Councilmember McCullough moved and Councilmember Colin seconded to accept the report and provide direction to staff — to be formalized at meeting of December 16, 2013 AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency - Consent Calendar - None ADJOURNMENT 9:07 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12014 GARY O. PHILLIPS, Mayor M 10