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Home My WebLink AboutCC SA Minutes 2016-07-18IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, July 18, 2016 ti�lim S'il± i�f 5lurin Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Councilmember Bushey Councilmember McCullough Absent: Vice -Mayor Colin Councilmember Gamblin Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS — 6:00 PM 1. Mayor Phillips announced Closed Session items: CLOSED SESSION — THIRD FLOOR CONFERENCE ROOM — 6:00 PM 2. Closed Session: a. Conference with Legal Counsel: Government Code Section 54956.9(d)(2) Significant Exposure to Litigation (1 potential case) b. Conference with Labor Negotiators - Government Code §54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Jim Schutz, Cristine Alilovich, Stacey Peterson, Danielle Ferrigno, Sylvia Gonzales, Mark Moses, Robert Epstein Employee Organizations: All Bargaining Units Citv Attornev Robert Epstein announced that no reportable action was taken SPECIAL PRESENTATIONS: 3. Special Presentations: a. Presentation by Davenport Institute for Civic Engagement (CM) The Davenport Institute presented the Platinum Award for Public Engagement to the City of San Rafael Mavor Phillips 1 Councilmember Bushev b. Living Shorelines Project - East San Rafael Presentation by the State Coastal Conservancy (CD) Marilvn Latta, California State Coastal Conservancy, gave a PowerPoint presentation on their Climate Adaptation Pilot Project Mavor Phillips Marilvn Latta OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: The following commented on the proposed new public safety building on 5t" Ave / D Street: Rick Oliva Robert James Grea Chidlaw Mavor Phillips Grea Chidlaw Patrick Dodds Chris loakimedes Mavor Phillips CONSENT CALENDAR: 4. Consent Calendar Items: Councilmember Bushey moved and Councilmember McCullough seconded to approve the Consent Calendar Items: a. Approval of Minutes of Regular City Council / Successor Agency Meetings of June 20 and July 5, 2016 (CC) Minutes 06/20/2016 Minutes 07/05/2016 Approved as submitted b. Resolution Authorizing the City Manager to Amend the Agreement for Legal Services with Burke, Williams & Sorensen, LLP for an Increase in Total Compensation Not to Exceed $40,000 (CA) — File 4-3-557 2 Legal Services re: Homelessness Issues RESOLUTION 14154A — RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT FOR LEGAL SERVICES WITH BURKE, WILLIAMS & SORENSEN, LLP FOR AN INCREASE IN TOTAL COMPENSATION NOT TO EXCEED $40,000 C. Resolution Declaring Canvass of Returns and Results of Consolidated Special Municipal Election Held on June 7, 2016 Re: Measure D — Special Library Services Parcel Tax (CC) — File 9-4 x 9-3-61 Measure D Election Results RESOLUTION 14155 — RESOLUTION DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD ON JUNE 7, 2016 RE: MEASURE D — SPECIAL LIBRARY SERVICES PARCEL TAX ORDINANCE NO. 1942 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3.36 OF THE SAN RAFAEL MUNICIPAL CODE EXTENDING, REVISING AND INCREASING THE EXISTING SPECIAL LIBRARY SERVICES PARCEL TAX SUBJECT TO APPROVAL OF TWO-THIRDS OF THE ELECTORS VOTING ON THE TAX MEASURE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2016 d. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with ProudCity, Inc. for Website On -Boarding and Custom Development Services (CM) — File 4-3-621 x 9-3-89 New Website Agreement RESOLUTION 14156 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PROUDCITY, INC. FOR WEBSITE ON -BOARDING AND CUSTOM DEVELOPMENT SERVICES e. Resolution Approving a Contract (California State Preschool Program -6261) with the California Department of Education to Receive Funding in the Amount of $186,540 for Fiscal Year 2016-2017 for Child Development Services and Authorizing the City Manager to Execute the Contract Documents (CS) — File 4-10-238 Pickleweed Presch000l State Fundinq RESOLUTION 14157 — RESOLUTION APPROVING A CONTRACT (CALIFORNIA STATE PRESCHOOL PROGRAM -6261) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION TO RECEIVE FUNDING IN THE AMOUNT OF $186,540 FOR FISCAL YEAR 2016-2017 FOR CHILD DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS Resolution Approving a Contract for Fiscal Year 2016-2017 with First 5 Marin Children and Families Commission for Preschool Services at Pickleweed Preschool and Authorizing the City Manager to Execute Contract Documents in the Amount of $95,163 (CS)— File 4-10-238 Pickleweed Preschool First 5 Marin Fundinq RESOLUTION 14158 — RESOLUTION APPROVING A CONTRACT FOR FISCAL YEAR 2016-2017 WITH FIRST 5 MARIN CHILDREN AND FAMILIES COMMISSION FOR PRESCHOOL SERVICES AT PICKLEWEED PRESCHOOL AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS IN THE AMOUNT OF $95,163 g. Resolution Approving the Purchase of Wildland Fire Personal Protective Clothing Under a Cooperative Purchasing Program in an Amount Not to Exceed $40,000 (FD) — File 9-3-31 Purchase Wildland Fire Protective Eaubment RESOLUTION 14159 — RESOLUTION APPROVING THE PURCHASE OF WILDLAND FIRE PERSONAL PROTECTIVE CLOTHING UNDER A COOPERATIVE PURCHASING PROGRAM IN AN AMOUNT NOT TO EXCEED $40,000 h. Resolution Authorizing the City Manager to Execute the Required Forms to Renew the City's Enrollment with Microsoft Corporation as Part of a Joint Microsoft Enterprise Agreement and Issue Purchase Orders to Software One, Inc., for Microsoft Software Licenses at a Cost Not to Exceed $200,000 Per Year for the Next 3 Years (IT) — File 9-3-88 Microsoft Enterprise Aareement Renewal RESOLUTION 14160 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE REQUIRED FORMS TO RENEW THE CITY'S ENROLLMENT WITH MICROSOFT CORPORATION AS PART OF A JOINT MICROSOFT ENTERPRISE AGREEMENT AND ISSUE PURCHASE ORDERS TO SOFTWARE ONE, INC., FOR MICROSOFT SOFTWARE LICENSES AT A COST NOT TO EXCEED $200,000 PER YEAR FOR THE NEXT 3 YEARS Second Reading and Final Adoption of Ordinance No. 1941 — An Ordinance of the City Council of the City of San Rafael Amending San Rafael Municipal Code Chapter 5.40 Entitled "Stopping, Standing and Parking", to add Restrictions on Parking, Stopping, and Standing of Recreational Vehicles and Oversized Vehicles (PS) — File 9-3-87 RV Ordinance - Second Readinq Approved final adoption of Ordinance No. 1941: ORDINANCE NO. 1941 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 5.40 ENTITLED "STOPPING, STANDING AND PARKING", TO ADD RESTRICTIONS ON PARKING, STOPPING, AND STANDING OF RECREATIONAL VEHICLES AND OVERSIZED VEHICLES j. Resolution Waiving Competitive Bidding Requirements and Authorizing the City Manager to Enter into an Agreement to Purchase a Ravo Series 5 Street Sweeper from Municipal Maintenance Equipment, Inc. (PW) — File 4-2-362 x 9-3-40 Purchase Street Sweeper RESOLUTION 14161 — RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE A RAVO SERIES 5 STREET SWEEPER FROM MUNICIPAL MAINTENANCE EQUIPMENT, INC. AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Gamblin 4 PUBLIC HEARINGS 5. Public Hearings: a. Resolution Confirming the Engineer's Annual Levy Report for the Baypoint Lagoons Assessment District, the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2016-2017 (PW) — File 6-48 Bavpoint Laqoons Assessment District Kevin McGowan, Assistant Public Works Director, presented the staff report Mavor Phillips opened the public hearing; however, there was no comment from the audience Councilmember McCullough Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14162 — RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE BAYPOINT LAGOONS ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2016-2017 AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Gamblin b. Resolution Confirming the Engineer's Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District, the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2016-2017 (PW) — File 6-56 Pt. San Pedro Assessment District Kevin McGowan, Assistant Public Works Director, presented the staff report Mavor Phillips declared the public hearing opened Kevin Haqertv, Pt. San Pedro Rd. Coalition President Ivaldo Lenci Kevin McGowan Mavor Phillips / Kevin McGowan Ivaldo Lenci There being no further comment from the audience, Mayor Phillips closed the public hearing Councilmember McCullough / Kevin McGowan Councilmember Bushev Councilmember Bushev Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14163 — RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE POINT SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2016-2017 AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Gamblin OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for San Rafael Police Association (July 1, 2016 through June 30, 2018) (HR) — File 7-8-3 Police Association MOU Stacev Peterson, Human Resources Director, presented the staff report Mavor Phillips / Stacev Peterson Mavor Phillips Councilmember McCullough / Stacev Peterson Mavor Phillips invited public comment Mr. Lotito suggested that his comments and those of Dick Tate & Bob Stevens should also apply to items 6.b & 6.c Mavor Phillips Michael Lotito, Citizens for Sustainable Pension Plans (CSPP) Dick Tate, CSPP Bob Stevens, CSPP Michael Lotito Ivaldo Lenci II Mavor Phillips There being no further comment from the audience, Mayor Phillips closed the public comment period Mavor Phillips / Cristine Alilovich, Assistant City Manager Jim Schutz, City Manager Mavor Phillips Councilmember McCullough Councilmember Bushev Mavor Phillips Councilmember Bushev Councilmember McCullough / Stacev Peterson Councilmember Bushev / City Clerk Esther Beirne / City Attornev Robert Epstein Councilmember Bushey moved and Councilmember McCullough seconded to provide direction to staff to make the changes discussed, respond to comments and return at next meeting with resolution AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Gamblin b. Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for Public Employee Union (PEU) Local 1 — Confidential (July 1, 2016 through June 30, 2018) (HR) — File 7-8-7 PEU Local 1 Confidential Unit MOU Stacev Peterson, Human Resources Director, presented the staff report Mavor Phillips invited public comment The comments made in item 6.a by Michael Lotito, Dick Tate & Bob Stevens apply to 6.b & 6.c Dick Tate clarified that their previous comments apply to all three MOUs. Michael Lotito There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Bushey moved and Councilmember McCullough seconded to provide direction to staff to make the changes discussed, respond to comments and return at next meeting with resolution AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: None 7 ABSENT: Councilmembers: Colin & Gamblin C. Discussion and Consideration of a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for Western Council of Engineers (July 1, 2016 through June 30, 2018) (HR) — File 7-8-8 Western Council of Enaineers MOU Stacev Peterson, Human Resources Director, presented the staff report Mavor Phillips invited public comment Comments made in item 6.a by Michael Lotito, Dick Tate & Bob Stevens also apply. There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Bushey moved and Councilmember McCullough seconded to provide direction to staff to make the changes discussed, respond to comments and return at next meeting with resolution AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin & Gamblin CITY MANAGER'S REPORT: 7. City Manager's Report: • City Manager Jim Schutz commented on Chief of Police Bishop's excellent letter to the Marin Independent Journal Editor recently. He announced that National Night Out would take place on August 2, 2016 - registration deadline is today, July 18; and he provided an update on the Memorandum of Understanding pertaining to Ritter Center Mavor Phillips COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetinqs and Conferences Attended at City Expense) 8. Councilmember Reports: • Mavor Phillips confirmed that Fire Chief Christopher Gray was reappointed to a two-year term on the Marin Emergency Radio Authority (MERA) Executive Board • Mavor Phillips reported that he participated in a Guide Dogs for the Blind event yesterday, Sunday, July 17, 2016. SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar - None ADJOURNMENT Adjourned at 8:25 p.m. in honor of the victims of the attacks in Baton Rouge, Louisiana and Dallas, Texas W ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2016 GARY O. PHILLIPS, Mayor