The URL can be used to link to this page

Home My WebLink AboutCC SA Minutes 2013-12-16IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, December 16, 2013 Regular Meeting San Rafael City Council MINUTES Present: Councilmember Bushey Lang Councilmember Colin Councilmember Connolly Councilmember McCullough Absent: Mayor Phillips Also Present: City Manager Nancy Mackle, City Attorney Robert Epstein, City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS 1. None CLOSED SESSION 2. None Councilmember Conno In order to conduct the City Council Meeting in the absence of Mayor Phillips, Councilmember Connolly took Item 6.a. out of order to facilitate the election of a Vice -Mayor for 2014. 6.a. City Council Appointments to Committees 2014, including Election of Vice -Mayor for 2014 (CM) — File 275 x 9-1 City Council Appts. 2014 - Election Vice -Mayor Councilmember Colin placed in nomination the name of Councilmember Damon Connolly to serve as Vice -Mayor for year 2014; Councilmember McCullough seconded the motion and Councilmember Damon Connolly was elected Vice -Mayor for 2014. AYES: Councilmembers: Bushey Lang, Colin, Connolly & McCullough NOES: None ABSENT: Mayor Phillips Councilmember Colin moved and Councilmember McCullough seconded to approve the City Council appointments to committees for 2014. 1 AYES: Councilmembers: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: None ABSENT: Mayor Phillips ORAL COMMUNICATIONS OF AN URGENT NATURE - 7:00 PM Helen addressed the ramifications of public facility closures from December 23, 2013 through January 1, 2014. Nancy Mackle Walter Cox addressed the Homeless issue Vice -Mayor Connolly Vice -Mayor Connolly announced that at a Special Meeting earlier this evening, Melanie Cantarutti was appointed to the Board of Library Trustees. Vice -Mayor Connolly indicated that items 3.d. and 3.f. would be removed from the Consent Calendar for discussion. Councilmember Mccullough moved and Councilmember Colin seconded to approve the remainder of the Consent Calendar: CONSENT CALENDAR: 3. Consent Calendar Items: a. Reappointment of Judith Trusendi to a Two -Year Term on the Marin/Sonoma Mosquito & Vector Control District Board - Term Commencing January 1, 2014 and Ending December 31, 2015 (CC) — File 9-2-9 Judith Trusendi Judith Trusendi reappointed to a two-year term on the Marin/Sonoma Mosquito & Vector Control District Board. b. Second Reading and Final Adoption of Ordinance No. 1917 - 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 Ordinance 1917 Approved final adoption of Ordinance No. 1917. C. Resolution Approving an Amendment to the Climate Change Bay Area Internship Program Agreement with Strategic Energy Innovations (CM) — File 4-3-536 Strategic Energy Innovations RESOLUTION NO. 13655 - RESOLUTION APPROVING AN AMENDMENT TO THE CLIMATE CHANGE BAY AREA INTERNSHIP PROGRAM AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS 2 d. Update on the Operations of the San Rafael Downtown Business Improvement District (ED) — File 224 BID Update Accepted report Councilmember Colin removed this item for discussion. Councilmember Colin Tom Peters, Economic Development Carol Thompson, Executive Director, Business Improvement District / Councilmember Colin Councilmember McCullough / Carol Thompson Councilmember Colin moved and Councilmember McCullough seconded to accept the report AYES: Councilmembers: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: None ABSENT: Mayor Phillips e. Resolution Recognizing the Rotating Emergency Shelter Team (REST) Volunteers for their Dedication to Service (ED) — File 102 RESOLUTION NO. 13656 - RESOLUTION RECOGNIZING THE ROTATING EMERGENCY SHELTER TEAM (REST) VOLUNTEERS FOR THEIR DEDICATION TO SERVICE f. Resolution Approving the Execution and Implementation of a "Consent and Agreement' Relating to the Development Agreement with SR Corporate Center Phase One, LLC and SR Corporate Center Phase Two, LLC for the San Rafael Corporate Center Development (ED) — File R368 x R405 Coraorate Center Vice -Mayor Connolly noted that item 3.f. was removed from the Consent Calendar for discussion by Matt Butler, San Rafael Yacht Harbor Stephanie Lovette, Economic Development Manager Vice -Mayor Connolly / Stephanie Lovette Councilmember McCullough / Stephanie Lovette Wick Polite, Seagate Properties Vice -Mayor Connolly Matt Butler 3 Bill Carney, Sustainable San Rafael Vice-Mavor Connolly / Nancv Mackie Robert Epstein Councilmember McCullough / Robert Epstein Nancy Mackie Matt Butler (from the audience) Nancv Mackle Eric Davis, Senior Vice -President, Bio Marin Nancv Mackle Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION NO. 13662 - RESOLUTION APPROVING THE EXECUTION AND IMPLEMENTATION OF A "CONSENT AND AGREEMENT" RELATING TO THE DEVELOPMENT AGREEMENT WITH SR CORPORATE CENTER PHASE ONE, LLC AND SR CORPORATE CENTER PHASE TWO, LLC FOR THE SAN RAFAEL CORPORATE CENTER DEVELOPMENT AYES: Councilmembers: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: None ABSENT: Mayor Phillips g. Resolutions: - File 4-10-318 x 8-1 1. Authorizing the City Manager to Amend the City of San Rafael's Agreement with Hinderliter De Llamas and Associates for Sales Tax and Transactions and Use Tax Audit and Information Services so as to Extend the Term of the Agreement; RESOLUTION NO. 13657 - AUTHORIZING THE CITY MANAGER TO AMEND ITS AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES FOR SALES TAX AND TRANSACTIONS AND USE TAX AUDIT AND INFORMATION SERVICES SO AS TO EXTEND THE TERM OF THE AGREEMENT 2. Authorizing Examination of Sales and Use Tax and Transactions and Use Tax Records RESOLUTION NO. 13658 - AUTHORIZING EXAMINATION OF SALES AND USE TAX AND TRANSACTIONS AND USE TAX RECORDS DeLlamas Agr. TUT h. Resolution Authorizing a Professional Services Agreement Not to Exceed $40,000 with Burke, Williams & Sorensen, LLP to Provide Legal Services (MS) — File 4-3-557 PSA Burke, Williams & Sorensen 4 RESOLUTION NO. 13659 - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT NOT TO EXCEED $40,000 WITH BURKE, WILLIAMS & SORENSEN, LLP TO PROVIDE LEGAL SERVICES Resolution of Appreciation for Emil Bettini, Police Department Volunteer (PD) — File 102 RESOLUTION NO. 13660 - RESOLUTION OF APPRECIATION FOR EMIL BETTINI, POLICE DEPARTMENT VOLUNTEER j. Resolution Consenting to the Assignment by Don Caramagno, dba DC Electric, to DC Electric Group, Inc. of Contracts with the City of San Rafael for On -Call Electrical Maintenance, Dated November 5, 2012, and for Traffic Signal Preventive Maintenance and Repair Program, Dated October 15, 2013 (PW) — File 4-1-638 x 4-1-644 DC Electric RESOLUTION NO. 13661 - RESOLUTION CONSENTING TO THE ASSIGNMENT BY DON CARAMAGNO, DBA DC ELECTRIC, TO DC ELECTRIC GROUP, INC. OF CONTRACTS WITH THE CITY OF SAN RAFAEL FOR ON-CALL ELECTRICAL MAINTENANCE, DATED NOVEMBER 5, 2012, AND FOR TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR PROGRAM, DATED OCTOBER 15, 2013 AYES: Councilmembers: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: None ABSENT: Mayor Phillips SPECIAL PRESENTATIONS: 4. Special Presentations: a. Presentation of Resolution of Appreciation to Emil Bettini, Police Department Volunteer PD - File Vice -Mayor Damon Connolly Chief of Police Diana Bishop Emil Bettini b. Presentation of Resolution of Appreciation to REST Volunteer Members (ED) - File Vice -Mayor Connolly Christine, St. Vincent de Paul Society and Volunteers, Bob and Betty PUBLIC HEARINGS 5. Public Hearings: a. Consideration of an Ordinance to Amend Business License Chapter 10.04 of the San Rafael Municipal Code to Update Language Without Increasing the Taxes or Tax Rate Applicable to any Business or Business Category (Fin) — File 9-10 Business License Ord. Mark Moses, Finance Director, presented the staff report. Councilmember McCullough / Mark Moses Robert Epstein Vice -Mayor Connolly 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: AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 10, CHAPTER 10.04 BUSINESS LICENSE, BY AMENDMENTS TO THE TITLE OF THE CHAPTER; TO SECTION 10.04.010 — DEFINITIONS: SUBSECTION X, PROFESSIONAL SERVICES AND SUBSECTION Y, GROSS RECEIPTS; TO SECTION 10.04.020 — BUSINESS LICENSE - GENERALLY; TO SECTION 10.04.070 — HOW AND WHEN PAYABLE; TO SECTION 10.04.015 — LICENSE TAXES; TO SECTION 10.040.118 — FAILURE TO COMPLY WITH OTHER CITY ORDINANCES; TO SECTION 10.04.130 — PENAL PROVISIONS; TO SECTION 10.04.190 — UNLAWFUL BUSINESS; TO SECTION 10.04.200 — PURPOSE OF ORDINANCE; AND TO SECTION 10.04.210 — LICENSE REQUIRED; AND REPEALING SECTIONS 10.04.100 — LICENSE FEES PAID IN ADVANCE AND 10.04.160 - STICKERS Councilmember McCullough moved and Councilmember Colin seconded to dispense with the reading of the ordinance in its entirety and Pass Charter Ordinance No. 1918 to print by the following vote, to wit: AYES: Councilmembers: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: None ABSENT: Mayor Phillips b. Resolution Establishinq Maximum Rates Collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services, to be Effective January 1, 2014 (MS) — File 4-3-32 MSS Rates Cory Bytof, Sustainability and Volunteer Program Coordinator, presented the staff report. Vice -Mayor Connolly / Cory Bytof Cory Bytof continued with the staff report. Councilmember Colin / Cory Bytof Patti Garbarino, Marin Sanitary Service Vice -Mayor Connolly declared the public hearing opened. Bill Carney, Sustainable San Rafael Patti Garbarino 11 Kim Shivley Patti Garharinn Councilmember Colin / Patti Garbarino There being no further comment from the public, Vice -Mayor Connolly closed the public hearing. Councilmember McCullough Vice -Mayor Connolly / Councilmember Colin Connolly N. Mackie Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION NO. 13663 - RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MAR/N SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE JANUARY 1, 2014 AYES: Councilmembers: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: None ABSENT: Mayor Phillips 6. Other Agenda Items: CITY MANAGER'S REPORT: 7. City Manager's Report Nancy Mackle announced that City Hall, San Rafael Community Centers and San Rafael Public Libraries, would be closed for furloughs from December 23, 2013 through January, 1, 2014. Next City Council / Successor Agency Meeting will be held on Tuesday, January 21, 2014. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on meetings and conferences attended at City expense) 8. Councilmember Reports Councilmember McCullough reported out on the Marin Telecommunications Agency meeting he attended last week where he learned that Jim Geraghty, Canal resident, was the recipient of a Humanitarian Award in Marin County. 7 SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency - Consent Calendar a. Resolution Approving the Execution and Implementation of a "Consent and Agreement" Relating to the Owner Participation, Disposition and Development Agreement with SR Corporate Center Phase One, LLC and SR Corporate Center Phase Two, LLC for the San Rafael Corporate Center Development (ED — File SA Staff Reports x R368 x R405 Coraorate Center SA Member McCullough moved and Member Colin seconded to adopt the Resolution RESOLUTION NO. 2013-07 - RESOLUTION APPROVING THE EXECUTION AND IMPLEMENTATION OF A "CONSENT AND AGREEMENT" RELATING TO THE OWNER PARTICIPATION, DISPOSITION AND DEVELOPMENT AGREEMENT WITH SR CORPORATE CENTER PHASE ONE, LLC AND SR CORPORATE CENTER PHASE TWO, LLC FOR THE SAN RAFAEL CORPORATE CENTER DEVELOPMENT AYES: Members: Bushey Lang, Colin, McCullough & Vice -Chair Connolly NOES: None ABSENT: Chairman Phillips ADJOURNMENT: 8:55 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2014 GARY O. PHILLIPS, Mayor w