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Home My WebLink AboutCC SA Minutes 2014-05-05IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, May 5, 2014 Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice -Mayor Connolly Councilmember Bushey Councilmember Colin Councilmember McCullough City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS- 6:00 PM Mayor Phillips announced Closed Session item CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - 6:00 PM 2. Closed Session: a. Conference with Labor Negotiators- Government Code Section 54957.6(a) Lead Negotiator: Jack Hughes Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Robert Epstein, Lisa Goldfien Employee Organization(s): San Rafael Fire Chief Officers' Assn. Western Council of Engineers San Rafael Firefighters' Assn. Local 1 - Confidential San Rafael Police Mid -Management Assn. San Rafael Police Association Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney Robert Epstein, City Attorney, announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENT NATURE - 7:00 PM Evann Schultz and Eileen Powers from Gallinas Creek Watershed Clean -Up Group at Terra Linda High School addressed Council regarding cleanup and maintenance project and installaltion of trash bins along the creek areas. Alisha O'Loughlin from Marin County Bicycle Coalition addressed Council regarding Puerto Suello Transit Connector Commissioner Salamah Locks, Commission on Aging, addressed Council regarding the 10th Annual Healthy Aging Symposium SPECIAL PRESENTATIONS: 3. Special Presentations: a. Girl Scout Safe Routes to Schools Presentation Regarding Davidson Middle School Wendi Kallins, Director of Girl Scout Safe Routes to Schools, along with Girl Scouts Victoria Robins and Celia O'Brien, gave a presentation regarding student safety issues at the Davidson Middle School. City Manager Nancy Mackle Public Works Director, Nader Mansourian b. Marin Strong Start Presentation on Successful Futures for all Marin's Children Jenny Callaway, along with Patty Garbarino and Pat Kendall from Marin Strong Start Coalition, gave a presentation regarding Successful Futures for all Marin's Children. Patti Garbarino Pat Kendall Councilmember Bushey CONSENT CALENDAR: Mayor Phillips requested that Item 4.b be removed from the Consent Calendar for comment. Councilmember McCullough moved and Councilmember Connolly seconded to approve the remainder of the Consent Calendar. 4. Consent Calendar Items: a. Resolution Approving and Authorizing the City Manager to Execute an Amendment to the Agreement with the Office of Administrative Hearings Increasing the Not to Exceed Amount from $20,000 to $40,000 to Provide Hearing Officer Services Related to Notice and Order Hearings in Code Enforcement Matters (CA) File 4-3-567 Administrative Hearing Amended Agr. RESOLUTION NO. 13715 -E APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE OFFICE OF ADMINISTRATIVE HEARINGS INCREASING THE NOT TO EXCEED AMOUNT FROM $20,000 TO $40,000 TO PROVIDE HEARING OFFICER SERVICES RELATED TO NOTICE AND ORDER HEARINGS IN CODE ENFORCEMENT MATTERS 2 C. Resolution Setting the District Tax for Loch Lomond #10 for Fiscal Year 2014-2015 at $578 Per Parcel, Excepting Exempt Assessor Parcel Nos.: 16-330-12, 13, 14 (Fin) File 6-50 Loch Lomond #10 Tax Rate RESOLUTION NO. 13716 - RESOLUTION SETTING THE DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 2014-2015 AT $578 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NOS.: 16-330-12, 13, 14. d. Resolution to Authorize the City Manager to Enter Into a Professional Services Agreement with Virtual Tuneup at a Total Cost Not to Exceed $62,400 (MS) File 4-3-568 Virtual Tuneup Aqr. RESOLUTION NO. 13717 -RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH VIRTUAL TUNEUP AT A TOTAL COST NOT TO EXCEED $62,400 e. Investment Report for City of San Rafael for Quarter Ending March, 2014 (Fin) File 8-18 x 8-9 Investment Report - March. 2014 Accepted report. Resolution of Appreciation for National Police Week - May 11 - 17, 2014 (PD) File 102 x 9-3-30 National Police Week Resolution RESOLUTION NO. 13718 - RESOLUTION OF APPRECIATION FOR NATIONAL POLICE WEEK, MAY 11- 17, 2014 g. Resolution Awarding a Contract for the Park Sidewalk and Pathway Repairs Project, City Project No. 11242, to Maggiora & Ghilotti, Inc. in the Amount of $124,502.00 (PW) File 4-1-650 Sidewalk. Pathwav Contract Maaaiora & Ghilotti RESOLUTION NO. 13719 - RESOLUTION AWARDING A CONTRACT FOR THE PARK SIDEWALK AND PATHWAY REPAIRS PROJECT, CITY PROJECT NO. 11242, TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $124,502.00 h. Adopt Plans and Specifications for the Non -Motorized Transportation Pilot Program (NTPP) Puerto Suello Hill Path to Transit Center Connector Project, City Project 11115, and Authorize the City Clerk to Call for Bids Following Caltrans Approval (PW) File 4-1-651 Plans and Soecifications NTPP Puerto Suello Approved staff recommendation. i. Adopt Plans and Specifications for the Street Resurfacing Curb Ramps 2013-2014 Project, City Project 11219, and Authorize the City Clerk to Call for Bids (PW) File 4-1-652 Plans and Specifications Curb Ramas 2013-14 Approved staff recommendation. j. Resolution Approving the Submittal of a Functional Classification Change for Local Streets and Roads to State of California, Department of Transportation (PW) File 11-1 Functional Class Chanae Local Streets - DOT RESOLUTION NO. 13720 -€ RESOLUTION APPROVING THE SUBMITTAL OF A FUNCTIONAL CLASSIFICATION CHANGE FOR LOCAL STREETS AND ROADS TO STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION k. Adoption of Goals for Fiscal Year 2014-15 (CM) File 9-1 Goals FY 2014-15 Adopted Goals for Fiscal Year 2014-15. AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None b. Resolution of Appreciation to All Small Businesses in San Rafael and Designation of M 12-16. 2014 as Small Business Week (ED) File 102 Small Business Resolution Councilmember McCullo Councilmember Bushey moved and Councilmember McCullough seconded to adopt the resolution RESOLUTION NO. 13721 - RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN RAFAEL AND DESIGNATION OF MAY 12-16,2014 AS SMALL BUSINESS WEEK AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None SPECIAL PRESENTATIONS: 5. Special Presentations a. Presentation of Resolution of Appreciation to Small Businesses (ED) Manor Phillips Joanne Webster, San Rafael Chamber of Commerce 4 Carol Patterson, Business Improvement District b. Presentation of Resolution of Appreciation for National Police Week (PD) Mayor Phillips Chief of Police Diana Bishop Mayor Phillips PUBLIC HEARING 6. Public Hearing: a. Consideration of Ordinance of the Citv Council of the Citv of San Rafael Continuina the Paramedic Tax Rates, Commencing with Fiscal Year 2014-2015, at the Rates Established in Ordinance No. 1911 for Residential and Non -Residential Properties in the City of San Rafael County Service Area No. 13, and County Service Area No. 19. ($89.00 for Residential and $0.12 Per Square Foot for Non -Residential Properties), and for Residential and Non -Residential Properties in the Marinwood Community Services District ($85.00 for Residential and $0.11 Per Square Foot for Non -Residential Properties) (Fin) File 9-12-1 Paramedic Tax 2014-15 Mark Moses 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. CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2014-2015, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1911 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NON- RESIDENTIAL PROPERTIES), AND FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES) Councilmember McCullough moved and Councilmember Colin seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1921 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 7. Other Agenda Items: a. 23 Bavpoint Drive: Reauest to Extend the Use Permit for a Larae Familv Dav Care Use (9- 14 children) Conditionally Approved by the City Council on June 3, 2013 (Resolution No. 13539). APN: 009-362-20; Planned Development (PD 1562) District; Amanda McCarthy, Appellant, Heather Ludloff, Owner, Leticia Arvizu, Applicant; File No(s): UP12-002 (CD) File 273 — 23 Baypoint 23 Baypoint Drive - Large Family Daycare Caron Parker, Associate Planner, presented the staff report Amanda McCarthy Robert Fordham Tom Wilson, Executive Director, Canal Alliance David Rosses Mayor Phillips / David Rosses Laticia Ramirez Amy Rankin -Williams Bianca Clark Mayor Phillips / Bianca Clark Amanda McCarthy/ Mayor Phillips Councilmember Bushey / Amanda McCarthy David Rosses / Mayor Phillips Councilmember Bushey Councilmember Connolly / Caron Parker / Raffi Boloyan Councilmember Colin Mayor Phillips Councilmember Connolly moved and Councilmember Bushey seconded to adopt the resolution RESOLUTION NO. 13722 - RESOLUTION GRANTING APPROVAL OF USE PERMIT (UP12-022) ALLOWING THE OPERATION OF A LICENSED LARGE FAMILY DAY CARE (9-14 CHILDREN MAXIMUM) IN A TWO-STORY SINGLE FAMILY TOWNHOME AT 23 BAYPOINT DRIVE (APN: 009-362- 20) 0 AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None b. Resolution Approving Measure A Expenditure Plan 2014-2015 (CS) File 9-3-66 x 4-13-131 x 8-5 Measure A Expenditure Plan Carlene McCart, Community Services Director, presented the staff report Councilmember Connollv / Carlene McCart Nader Mansourian. Public Works Director Councilmember Connolly / Nader Mansourian Nancy Mackle, City Manager Nader Mansourian / Councilmember Connolly Carlene McCart Mayor Phillips Councilmember McCullough / Carlene McCart Mayor Phillips Councilmember Colin Nancy Mackle / Councilmember Colin Carlene McCart Mayor Phillips Councilmember Bushey Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION NO. 13723 - RESOLUTION APPROVING THE MEASURE A WORKPLAN FOR PROPOSED EXPENDITURE OF MEASURE A FUNDS FOR JULY 1, 2014 - JUNE 30, 2015 AND APPROPRIATING THE MEASURE A SPECIAL REVENUE FUND INTO THE CITY OPERATING BUDGET FOR FISCAL YEAR 2014 - 2015 AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None C. Staff Presentation Regarding the H Street Drainage Repair and Street Rehabilitation 7 Project (PW) File 9-3-40 x 9-3-40.2 CIP H Street Drainage Repair Kevin McGowan, Assistant Public Works Director, presented the staff report. Councilmember Bushey Nader Mansourian Councilmember Colin Kevin McGowan Mayor Phillips Councilmember Colin moved and Councilmember McCullough seconded to accept the report AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None d. Resolution Approving San Rafael's 5 -Year Capital Improvement Program for Fiscal Years 2014/15 Through 2018/19 to be Incorporated into Next Year's Budget and Authorizing the Reprogramming of 23 Capital Projects to Subsequent Years (PW) File 9-3-40.2 CIP CIP 2014-19 Robert Epstein, City Attorney, explained a potential conflict of interest issue by Councilmember McCullough on the Pt. San Pedro Road Resurfacing item in the CIP. Councilmember McCullough / Robert Epstein Nader Mansourian, Public Works Director, presented part of the staff report. Kevin McGowan, Assistant Public Works Director, presented the Capital Improvement Program. Councilmember Colin Nader Mansourian / Councilmember Colin Nancy Mackle, City Manager Councilmember Colin / Kevin McGowan Councilmember Colin / Nader Mansourian Councilmember Connolly / Nader Mansourian Nancy Mackle Councilmember McCullough / Nader Mansourian W Mavor Phillips / Nader Mansourian Nancy Mackle Mayor Phillips / Nader Mansourian Robert Epstein / Mayor Phillips Councilmember Bushey Mayor Phillips - Item #39 Councilmember Colin moved and Councilmember Bushey seconded to adopt Resolution, excluding Item #39 in the Capital Improvement Program. RESOLUTION NO. 13724 - RESOLUTION APPROVING SAN RAFAEL'S 5 -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2014/15 THROUGH 2018/19 TO BE INCORPORATED INTO NEXT YEAR'S BUDGET AND AUTHORIZING THE REPROGRAMMING OF 23 CAPITAL PROJECTS TO SUBSEQUENT YEARS AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None Councilmember McCullough left the Council Chambers due to potential conflict of interest in that his residence is within 500 -feet of the subject item #39 (Del Presidio Blvd. - Pt. San Pedro Resurfacing) in the Capital Improvement Program Councilmember Bushey moved and Councilmember Colin seconded to approve Item # 39 in the Capital Improvement Program. AYES: Councilmembers: Bushey, Colin, Connolly & Mayor Phillips NOES: None ABSENT: Councilmember McCullough e. Review of the Preliminary City Operating Budget for Fiscal Year 2014-2015 (Fin) File 8-5 Preliminary City Budget 2014-2015 Mark Moses, Finance Director, presented the staff report Mayor Phillips Councilmember McCullouah / Mark Moses Mark Moses Councilmember Colin / Mark Moses Mark Moses M Mayor Phillips / Mark Moses Mark Moses Mayor Phillips / Mark Moses Mark Moses Mayor Phillips / Mark Moses Mayor Phillips f. Consideration of Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael's Response to the 2013-2014 Marin County Civil Grand Jury Report Entitled "Get the Picture? - Audiovisual Technology and Marin Law Enforcement" (PD) File 269 Grand Jury Response - Get the Picture Mayor Phillips Chief of Police Diana Bishop, presented the staff report including camera display. Councilmember Colin / Chief Bishop Chief Bishop presented the video Councilmember Connolly moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION NO. 13725 -€ RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL'S RESPONSE TO THE 2013-2014 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED "GET THE PICTURE? - AUDIOVISUAL TECHNOLOGY AND MARIN LAW ENFORCEMENT"€ AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None CITY MANAGER'S REPORT: 8. City Manager's Report None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 9. Councilmember Reports Councilmember Colin reported on GREAT (Generating Resident Engagement And Transparency), Subcommittee community survey being conducted within San Rafael Mayor Phillips acknowledged Councilmember Colin's work on the Subcommittee. 10 Mayor Phillips reported on various meetings he recently attended regarding the following matters: Homeless encampments; possible illicit activities surrounding massage shops in San Rafael; Ritter House and its possible relocation; the possible utilization of $20 million for SMART Downtown Station (meeting with Steve Kinsey); Pension Obligation (meeting with Pension Committee); Boyd Gate House; Finance Committee's request for more frequent reporting; Race of the Century in San Rafael in 2015; Great Race Starting in San Rafael in 2016 SAN RAFAEL SUCCESSOR AGENCY 10. Successor Agency - Consent Calendar a. Investment Report for San Rafael Successor Agency for Quarter Ending March 31, 2014 jEj!21 File SA Financial Reports Investment Report - SA March, 2014 Member Colin moved and Member Bushey seconded to accept the report AYES: Members: Bushey, Colin, Connolly, McCullough & Chairman Phillips NOES: None ABSENT: None ADJOURNMENT 10:30 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2014 GARY O. PHILLIPS, Mayor 11