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Home My WebLink AboutCC SA Minutes 2015-09-21IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, September 21, 2015 Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice -Mayor McCullough Councilmember Bushey Councilmember Colin Councilmember Gamblin Absent: None Also Present: City Manager Jim Schutz 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 Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Number of cases -unknown City Attorney Robert Epstein announced that there was no reportable action taken in closed session. He also reported that no reportable action was taken at the closed session held following the July 6, 2015 City Council meeting, and that no reportable action was taken at the September 14, 2015 Special Closed Session. SPECIAL PRESENTATION - 7:00 PM 3. Special Presentation: Police Department Awards Ceremony (PD) Chief of Police Diana Bishop introduced Lieutenant Ralph Pata who conducted the awards ceremony. Lieutenant Ralph Pata Mayor Phillips OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM Kathleen Cheek, Massage Ordinance Advisory Committee, addressed Council regarding Marin Organizing Committee's Human Trafficking flyer. CONSENT CALENDAR: 4. Consent Calendar Items: Items 4.c and 4.f held from the consent calendar Joel Eis, Rebound Bookstore, commented on item 4.b and announced the Litquake event Councilmember Colin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Second Reading and Final Adoption of Ordinance No. 1934 — Ordinance Adding Chapter 12.24 to the San Rafael Municipal Code to Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Systems (CD) — File 1-5 x 9-3-32 Solar Ordinance 2nd Reading Approved Final Adoption of Ordinance No. 1934 Resolution Supporting `Litquake San Rafael'— an All -Day Downtown Lit -Walk on October 11, 2015 (ED) — File 283 Litquake San Rafael RESOLUTION 14012 - RESOLUTION SUPPORTING 'LITQUAKE SAN RAFAEL' AN ALL -DAY DOWNTOWN LIT -WALK ON OCTOBER 11TH d. Resolution Authorizing a Memorandum of Understanding Between the City of San Rafael and Dominican University Regarding Law Enforcement and Crime Reporting (PD) — File 9-3-30 Dominican MOU RESOLUTION 14013 - RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND DOMINICAN UNIVERSITY REGARDING LAW ENFORCEMENT AND CRIME REPORTING e. Accept Completion of the ADA -DOJ Curb Ramps 2014-2015 Project, City Project No. 11249, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-664 NOC ADA -DOJ Curb Ramps Approved staff recommendation g. Accept Completion of the 1309 Fifth Avenue Demolition and Parking Lot Project, City Project No. 11258, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-667 2 NOC 1309 Fifth Ave. Demolition Approved staff recommendation AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the consent calendar: C. Resolution Amending Resolutions 13741, 13742, and 13743 to Eliminate the Management Allowance for the Executive Management and Mid -Management Employees, the Elected City Clerk and the Elected Part -Time City Attorney, and Adding the Existing Management Allowance Payable to Those Employees and Elected Officials to Their Base Salary; and Increasing the Salary Range for the Accounting Manager Classification (MS) — File 7-3 x 7-3-2 Personnel Actions Attachments City Manager Jim Schutz presented the staff report Mayor Phillips / Jim Schutz Councilmember Gamblin / Jim Schutz Councilmember Gamblin / Jim Schutz Councilmember Gamblin / Jim Schutz Councilmember Gamblin / Jim Schutz Councilmember Colin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14014 - RESOLUTION AMENDING RESOLUTIONS 13741, 13742, AND 13743 TO ELIMINATE THE MANAGEMENT ALLOWANCE FOR THE EXECUTIVE MANAGEMENT AND MID - MANAGEMENT EMPLOYEES, THE ELECTED CITY CLERK AND THE ELECTED PART-TIME CITY ATTORNEY, AND ADDING THE EXISTING MANAGEMENT ALLOWANCE PAYABLE TO THOSE EMPLOYEES AND ELECTED OFFICIALS TO THEIR BASE SALARY; AND INCREASING THE SALARY RANGE FOR THE ACCOUNTING MANAGER CLASSIFICATION AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Resolution Authorizing the City Manager to Execute an Agreement with Kimley-Horn and Associates, Inc. for Professional Engineering Services for the Andersen Drive Rail Crossing Improvements Project in an Amount not to Exceed $507,688.29 (PW) — File 4-3-602 x 245 Kimley-Horn SMART 3 Councilmember Bushey announced she would not participate in this item because of a potential conflict of interest, due to the fact that her employer is indirectly involved, and she left the Council Chambers Kevin McGowan, Acting Director of Public Works, presented the staff report Mayor Phillips Councilmember Gamblin / Kevin McGowan / Leslie Blomquist Kevin McGowan Councilmember Gamblin / Kevin McGowan / Leslie Blomquist Councilmember Gamblin / Leslie Blomquist Councilmember Gamblin / Kevin McGowan Councilmember Gamblin / Jim Schutz Mayor Phillips Councilmember McCullough / Kevin McGowan Councilmember McCullough / Kevin McGowan / Leslie Blomquist Councilmember Gamblin / Mayor Phillips City Attorney Robert Epstein Councilmember Gamblin / Robert Epstein Mayor Phillips Mayor Phillips invited public comment; however, there was none Councilmember Gamblin moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14015 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE ANDERSEN DRIVE RAIL CROSSING IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $507,688.29 AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey Councilmember Bushey returned to Council Chambers OTHER AGENDA ITEMS: 4 5. Other Agenda Items: a. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Mary McGrath Architects for Architectural and Design, Bidding, and Construction Administration Services for the Phase 1 Projects (Public Safety Center, Fire Station 52, and Fire Station 57) of the Essential Facilities Strategic Plan (CM) — File 4-3-582 McGrath Essential Facilities City Manager Jim Schutz presented the staff report Mayor Phillips Councilmember Colin / Christopher Gray, Fire Chief Councilmember Gamblin / Chief Gray Mayor Phillips invited public comment; however, there was none Mayor Phillips Councilmember McCullough Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 14016 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR ARCHITECTURAL AND DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Phillips Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kitchell CEM, Inc. for Project and Construction Management Services for the Phase 1 Projects (Public Safety Center, Fire Station 52, and Fire Station 57) of the Essential Facilities Strategic Plan (CM) — File 4-3-583 Kitchell Essential Facilities City Manager Jim Schutz presented the staff report Councilmember Colin / Jim Schutz Bill Kitchell, Kitchell CEM, Inc. Mayor Phillips invited public comment; however, there was none 5 Mayor Phillips Councilmember McCullough Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14017 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None C. Presentation on Zoning Options for Regulating Massage Establishments (CD) — File 9-10-3 Zoning Options Regulating Massage Raffi Boloyan, Community Development Planning Manager, presented the staff report Mayor Phillips Mayor Phillips / Raffi Boloyan Mayor Phillips / Raffi Boloyan Mayor Phillips invited public comment Rhonda Kutter, Massage Ordinance Advisory Committee Fritzi Schnell yielded her two minutes to Rhonda Kutter Rhonda Kutter Mayor Phillips closed the public comment period Councilmember McCullough / Raffi Boloyan Robert Epstein, City Attorney Councilmember Bushey Councilmember Bushey moved and Councilmember Colin seconded to accept the report Accepted oral report AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 0 CITY MANAGER'S REPORT: 6. City Manager's Report: Jim Schutz announced the Meet the City Manager event Thursday, September 24th at the San Rafael Farmers' Market from 6-8 p.m. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetings and Conferences Attended at City Expense) 7. Councilmember Reports: Mayor Phillips reported that he completed the CERT training on Saturday; and saw the new Fire Department ladder truck SAN RAFAEL SUCCESSOR AGENCY: 8. Consent Calendar: - None None ADJOURNMENT - 8:50 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAYOF 12015 GARY O. PHILLIPS, Mayor 7