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Home My WebLink AboutCC Minutes 2012-07-02IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, July 2, 2012 MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips, Vice -Mayor Levine, Councilmembers: Connolly, McCullough City Manager, Nancy Mackie, City Attorney, Robert Epstein, City Clerk, Esther Beirne Absent: Councilmember Heller OPEN SESSION - COUNCIL CHAMBERS None CLOSED SESSION - CONFERENCE ROOM 201 2. None ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:15 PM David Kupfer addressed the City Council with regard to road maintenance on Highland Avenue, San Rafael CONSENT CALENDAR: 3. Consent Calendar Items: a. Resolution amending Resolution 11668 (Requiring the Imposing of Traffic Mitigation Fees on Development Projects Citywide) Exempting the Creation of New or Legalization of Existing Second Dwelling Units from the Citywide Traffic Mitigation Fee Requirement (File No. P12-002) (CD) — File 9-10-2 (1) Second -Dwelling Units RESOLUTION NO. 13364 - RESOLUTION AMENDING RESOLUTION 11668 (REQUIRING THE IMPOSING OF TRAFFIC MITIGATION FEES ON DEVELOPMENT PROJECTS CITYWIDE) EXEMPTING THE CREATION OF NEW OR LEGALIZATION OF EXISTING SECOND DWELLING UNITS FROM THE CITYWIDE TRAFFIC MITIGATION FEE REQUIREMENT b. Resolution of Appreciation for Maribeth Bushey -Lang for 14 Years of Service on the San Rafael Planning Commission (CD) — File 102 RESOLUTION NO. 13365 - RESOLUTION OF APPRECIATION TO MARIBETH BUSHEY-LANG SAN RAFAEL PLANNING COMMISSIONER d. Resolution Authorizing Entering into a Contract (CSPP-2271) with the Department of Education for State Preschool Services and Authorizing the City Manager to Sign Contract Documents in the Amount of $142,637 (CS) — File 9-10-2 X 9-3-65 Preschool Services RESOLUTION NO. 13366 - RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CSPP- 2271) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $142,637 e. Resolutions: a) Appropriating Unappropriated Revenues for Fiscal Year 2011-2012; b) Approving Fiscal Year 2012-2013 GANN Appropriation Limit at $105,895,679( Fin) — File 8-5 Revenues / GANN 1. RESOLUTION NO. 13367 - RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES FOR FISCAL YEAR 2011-2012 2. RESOLUTION NO. 13368 - RESOLUTION APPROVING FISCAL YEAR 2012-2013 GANN APPROPRIATIONS LIMIT AT $105,895,679 g. Resolution Awarding a Contract for the Citywide Street Resurfacing 2012 Curb Ramps Project, City Project No. 11204, to Fieldstone Construction Company in the Amount of $214,372.50 (Bid Opening held on June 14, 2012 (PW) — File 4-1-634 Street Resurfacing 2012 RESOLUTION NO. 13369 - RESOLUTION AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 CURB RAMPS PROJECT, CITY PROJECT NO. 11204, TO FIELDSTONE CONSTRUCTION COMPANY IN THE AMOUNT OF $214,372.50 h. Resolution Accepting a Proposal from the County of Marin for Right of Way Services for the Grand Avenue Pathway Connector Project and Authorizing the Public Works Director to Enter into a Cooperative Agreement with the County of Marin for an Amount not to Exceed $50,000.00 (PW) - File 4-13-129 Grand Avenue Pathway Connector RESOLUTION NO. 13370 - RESOLUTION ACCEPTING A PROPOSAL FROM THE COUNTY OF MARIN FOR RIGHT OF WAY SERVICES FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF MARIN FOR AN AMOUNT NOT TO EXCEED $50,000.00 Accept Completion of the Andersen Drive and Du Bois Street Repairs Project, City Project No. 11198, and Authorize the City Clerk to File the Notice of Completion — File 4-1-629 Andersen Drive / Du Bois completion - Approved staff recommendation 2 j. Resolutions Accepting a Proposal from Ghirardelli Associates, Inc. for Professional Services to Provide Project Administration and Inspection Services for the City Hall Heating, Ventilation & Air Conditioning Upgrades Project, Project No. 11154, and the Point San Pedro Median Improvements Project, Project No. 11163, and Authorizing the Public Works Director to Execute Agreements in Amounts of $60,000 and $57,000 (PW) File - 4-1-622 x 4-1-631 x 4-3-533 HVAC Project Inspections 1. RESOLUTION NO. 13371 - RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING UPGRADES PROJECT, PROJECT NO. 11154 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $60,000.00 2. RESOLUTION NO. 13372 - RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE POINT SAN PEDRO MEDIAN IMPROVEMENTS PROJECT, PROJECT NO. 11163 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF$57,000.00 k. Pt. San Pedro Median Landscaping Assessment District (PW) — File 6-56 Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments for the Pt. San Pedro Road Median Landscaping Assessment District, Fiscal year 2012-2013 1. RESOLUTION NO. 13373- RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, FISCAL YEAR 2012-2013 2. Resolution Preliminarily Approving the Annual Engineer's Report Regarding the Pt. San Pedro Road Median Landscaping Assessment District for Fiscal Year 2012-2013 2. RESOLUTION NO. 13374 - RESOLUTION PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT REGARDING THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT FOR THE FISCAL YEAR 2012-2013 3. Resolution Declaring Its Intention to Levy and Collect Assessments for Fiscal Year 2012- 2013 in the Pt. San Pedro Road Median Landscaping Assessment District, and Setting Public Hearing Thereon for July 16, 2012 at 7:00 PM 3. RESOLUTION NO. 13375 - RESOLUTION DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2012-2013 IN THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, AND SETTING A PUBLIC HEARING THEREON FOR JULY 16, 2012 AT 7:00 PM Pt. San Pedro Medians Baypoint Lagoons Landscaping and Lighting District Annual Report: (PW) — File 6-48 Resolution Directing Filing of Engineer's Annual Report 2012/2013 1. RESOLUTION NO. 13376 - RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT 2012/2013 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) 2. Resolution Approving Engineer's Annual Report 2012/2013 2. RESOLUTION NO. 13377 - RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT 2012/2013 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) 3. Resolution of Intention to Order Improvements and Setting Public Hearing on Annual Assessment for City Council Meeting of July 16, 2012 — File 3. RESOLUTION NO. 13378 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY 16, 2012 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) Baypoint Lagoon Councilmember Connolly moved and Councilmember McCullough seconded to approve the Consent Calendar Items. AYES: Councilmembers: Connolly Levine, McCullough, Mayor Phillips NOES: None ABSENT: Councilmember Heller The following item was removed from the Consent Calendar for comment, by Mayor Phillips: C. Resolution to Approve a Facility Use Permit Requested by Liberty Boxing Enterprises, LLC, for use of Albert Park Stadium and Baseball Field, September 14, 2012, for a Professional Boxing Event (CS) — File 9-3-66 Boxing - Albert Park Mayor Phillips Paul Nave requested that the event be rescheduled to October 19, 2012 Carlene McCart, Community Services Director, stated this would depend on the availability of the facility. Councilmember Levine moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION NO. 13379 - RESOLUTION TO APPROVE A FACILITY USE PERMIT REQUESTED BY LIBERTY BOXING ENTERPRISES, LLC, FOR THE USE OF ALBERT PARK STADIUM AND BASEBALL FIELD, OCTOBER 19, 2012, FOR A PROFESSIONAL BOXING MATCH AYES: Councilmembers: Connolly, Levine, McCullough, Mayor Phillips 4 NOES: None ABSENT: Councilmember Heller The following item was removed from the Consent Calendar for comment , by Mayor Phillips: f. Resolution Approving the Law Enforcement and Rotation Towing Service Schedule of Fees (MS) — File 9-10-2 X 9-3-87 X 9-3-30 Rotation Towing Mayor Phillips Vince Guarino, Parking Services Manager / Mayor Phillips Councilmember Levine / Vince Guarino Mayor Phillips Councilmember Levine moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION NO. 13380- RESOLUTION APPROVING THE LAW ENFORCEMENT AND ROTATION TOWING SERVICE SCHEDULE OF FEES AYES: Councilmembers: Connolly, Levine, McCullough, Mayor Phillips NOES: None ABSENT: Councilmember Heller SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation of Resolution of Appreciation to Maribeth Bushey -Lang for 14 Years of Service on the San Rafael Planning Commission (CD) — File 102 Mayor Phillips Maribeth Bushey -Lang Councilmember McCullough OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Report Approving the Update of San Rafael's 5 -Year Capital Improvement Program for Fiscal Years 2012/13 through 2016/17 and Authorizing the Reprogramming of Specific Capital Projects to Subsequent Years (PW) — File 8-5 x 9-3-40 Capital Improvement Program 2012-13 Nader Mansourian, Public Works Director presented the staff report 5 Councilmember Levine / Nader Mansourian / Mayor Phillips Councilmember Connolly / Nader Mansourian Nancy Mackle, City Manager / Councilmember Connolly Councilmember McCullough / Nader Mansourian Nancy Mackle Mayor Phillips Nader Mansourian / Mayor Phillips Councilmember Levine moved and Councilmember Connolly seconded to accept the report AYES: Councilmembers: Connolly, Levine, McCullough, Mayor Phillips NOES: None ABSENT: Councilmember Heller b. City of San Rafael Budget: (Fin) — File 8-5 x 9-2-58 City Budget 2012-2013 Mark Moses, Interim Finance Director, presented the staff report Mayor Phillips / Mark Moses Councilmember McCullough / Mark Moses Councilmember Levine / Mark Moses Nancy Mackle / Mark Levine Mark Moses / Nancy Mackle Mayor Phillips Mark Moses - Measure S Mayor Phillips The following member of the public addressed the City Council: Dick Walsh Councilmember McCullough Councilmember Connolly Councilmember Levine C1 1) Resolution Adoptinq Amendments to the Citv of San Rafael Budqet for Fiscal Year 2011- 2012 for the Purpose of Revisinq the Final Fiscal Year 2011-2012 Budqet Councilmember Connolly moved and Councilmember Levine seconded to adopt the resolution. RESOLUTION NO. 13381— RESOLUTION ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2011-2012 FOR THE PURPOSE OF REVISING THE FINAL FISCAL YEAR 2011-2012 BUDGET AYES: Councilmembers: Connolly, Levine, McCullough, Mayor Phillips NOES: None ABSENT: Councilmember Heller 2) Resolution Adopting the City of San Rafael Budget for Fiscal Year 2012-2013 and Providing for the Appropriations and Expenditure of All Sums Set Forth in Said Budget in the Amount of $88,091,158 Councilmember Connolly moved and Councilmember McCullough seconded to adopt the Resolution. 2. RESOLUTION NO. 13382 — RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR 2012-2013 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURES OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $88,091,158 AYES: Councilmembers: Connolly, Levine, McCullough, Mayor Phillips NOES: None ABSENT: Councilmember Heller 3) Resolution Adopting the Measure `S" Committee Report Covering the Proposed Fiscal Year 2012-2013 General Fund Budget Councilmember Connolly moved and Councilmember Levine seconded to adopt the Resolution 3. RESOLUTION NO. 13383 —RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT COVERING THE PROPOSED FISCAL YEAR 2012-2013 GENERAL FUND BUDGET AYES: Councilmembers: Connolly, Levine, McCullough, Mayor Phillips NOES: None ABSENT: Councilmember Heller CITY MANAGER'S REPORT: Nancy Mackle Ms. Mackle reported that the Police Department, including the Police Lobby, had been relocated to trailers in the parking lot, accessible to the public from C Street. She noted that during the HVAC installation, study sessions may temporarily need to be relocated to the Council Chambers. 7 Ms. Mackle announced that the Twilight Criterium bicycle race takes place on Saturday, July 7, 2012 downtown. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on meetinqs and conferences attended at Citv expense) 7. Councilmember Reports Mayor Phillips Councilmember Connolly Councilmember McCullough Mayor Phillips Councilmember McCullough / Mayor Phillips CITY OF SAN RAFAEL AS SUCCESSOR AGENCY TO SAN RAFAEL REDEVELOPMENT AGENCY 8. Successor Agency Items - Consent Calendar: None ADJOURNMENT: 8:35 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12012 GARY O. PHILLIPS, Mayor W