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HomeMy WebLinkAboutCC SA Minutes 2016-11-07IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, November 7, 2016 RAF,q�! f i Z � h0 C'TY WITH p' Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Councilmember Colin Councilmember Bushey Councilmember McCullough Absent: Councilmember Gamblin Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne 1. Citv Attornev's Report on Closed Session of 11/1/2016 Citv Attornev Robert Epstein announced that no reportable action was taken in the November 1, 2016 Closed Session OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: Owen Bartolf, Marin School for Environmental Leadership, addressed Council regarding litter CONSENT CALENDAR: 2. Consent Calendar Items: Items 2.a, 2.g and 2.j removed from the Consent Calendar for comment Councilmember Colin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: b. Appointment of Andrew Naja-Riese to Fill One Unexpired Four -Year Term on the Citizens Advisory Committee on Economic Development and Affordable Housing to the End of June, 2017 Due to the Resignation of Phil Abey (CC) — File 9-2-65 CAC Appointment Approved staff recommendation C. First Reading: An Ordinance of the City of San Rafael Amending Title 12 of the Municipal Code of the City of San Rafael, by Amending Chapters 12.12, 12.13, 12.14, 12.16, 12.20, 12.21 and 12.23 Thereto; Adding Chapter 12.22; Adopting the California Building Code, 2016 Edition, with Amendments; the California Residential Code, 2016 Edition, with Amendments; the California Mechanical Code, 2016 Edition, with Amendments, the California Plumbing Code, 2016 Edition, with Amendments, the California Electrical Code, 2016 Edition, with Amendments; the International Property Maintenance Code, 2015 Edition, with Amendments; the 2016 California Existing Building Code, with Amendments; the California Green Building Standards Code 2016 Edition, with Amendments; Adopting Enforcement and Penalties Provisions for the Foregoing Codes; and Adopting Findings of Fact Supporting the Amendments to the 2016 California Building Code, 2016 California Existing Building Code and the 2016 California Residential Code (CD) — File 1-6-1 Code Amendments Passed Ordinance No. 1943 to print and set Public Hearing for 11/21/16 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.13, 12.14, 12.16, 12.20, 12.21 AND 12.23 THERETO; ADDING CHAPTER 12.22; ADOPTING THE CALIFORNIA BUILDING CODE, 2016 EDITION, WITH AMENDMENTS; THE CALIFORNIA RESIDENTIAL CODE, 2016 EDITION, WITH AMENDMENTS; THE CALIFORNIA MECHANICAL CODE, 2016 EDITION, WITH AMENDMENTS, THE CALIFORNIA PLUMBING CODE, 2016 EDITION, WITH AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2016 EDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION, WITH AMENDMENTS; THE 2016 CALIFORNIA EXISTING BUILDING CODE, WITH AMENDMENTS; THE CALIFORNIA GREEN BUILDING STANDARDS CODE 2016 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE 2016 CALIFORNIA BUILDING CODE, 2016 CALIFORNIA EXISTING BUILDING CODE AND THE 2016 CALIFORNIA RESIDENTIAL CODE d. Resolution Approving and Authorizing the City Manager to Execute an Agreement with PerfectMIND, Inc. for Software as a Service and Professional Services to Support Community Services Department Program Administration (CS) — File 4-3-630 PerfectMIND Aar. RESOLUTION 14223 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PERFECTMIND, INC. FOR SOFTWARE AS A SERVICE AND PROFESSIONAL SERVICES TO SUPPORT COMMUNITY SERVICES DEPARTMENT PROGRAM ADMINISTRATION e. Resolution Approving an Amendment to the Contract with the California Department of Education for Child Development Services for Fiscal Year 2016-2017, and Authorizing the City Manager to Execute the Contract Documents (CS) — File 4-10-238 Pickleweed Preschool Fundinq Amendment RESOLUTION 14224 — RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA DEPARTMENT OF EDUCATION FOR CHILD DEVELOPMENT SERVICES FOR FISCAL YEAR 2016-2017, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS Resolution Authorizing Execution of a Grant Agreement with Artworks Downtown Inc to Provide Artworks with $97,000 from the In Lieu Housing Fund for the Rehabilitation of Affordable Housing at 1325-1337 Fourth Street (ED) — File R-415 2 Artworks Downtown Grant Aqr. RESOLUTION 14225 — RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH ARTWORKS DOWNTOWN, INC TO PROVIDE ARTWORKS WITH $97,000 FROM THE IN LIEU HOUSING FUND FOR THE REHABILITATION OF AFFORDABLE HOUSING AT 1325-1337 FOURTH STREET h. Accept Investment Report for the City of San Rafael for Quarter Ended September 30, 2016 (Fin) — File 8-18 x 8-9 CC Quarterly Investment Report Accepted report First Reading — Ordinance of the City of San Rafael Amending Title 4 of the Municipal Code of the City of San Rafael, By Amending Chapter 4.08 Thereof, Adopting the California Fire Code, 2016 Edition, and the International Fire Code, 2015 Edition, with Amendments; Adopting Enforcement, Penalty and Appeals Provisions for Such Codes; and Adopting Findings of Fact Supporting the Amendments to Such Codes (FD)—File 1-6-4 Fire Code Amendments Passed Ordinance No. 1944 to print and set Public Hearing for 11/21/16: ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THEREOF, ADOPTING THE CALIFORNIA FIRE CODE, 2016 EDITION, AND THE INTERNATIONAL FIRE CODE, 2015 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES k. Resolution Approving an Agreement with Sentry Control Systems for Parking Access and Revenue Control Equipment and Maintenance Services for the Third and A Street and Third and C Street Parking Garages (MS) — File 4-3-629 x 9-3-87 Parkinq Garaqe Equipment Upgrade RESOLUTION 14226 — RESOLUTION APPROVING AN AGREEMENT WITH SENTRY CONTROL SYSTEMS FOR PARKING ACCESS AND REVENUE CONTROL EQUIPMENT AND MAINTENANCE SERVICES FOR THE THIRD AND A STREET AND THIRD AND C STREET PARKING GARAGES Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Abey Arnold Associates for Landscape Architectural Design Services Associated with the Albert Park Improvements Project, in the Amount of $37,955.00 (PW)— File 4-3-628 Albert Park Improvements RESOLUTION 14227 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ABEY ARNOLD ASSOCIATES FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE ALBERT PARK IMPROVEMENTS PROJECT, IN THE AMOUNT OF $37,955.00 M. Resolution Authorizing the City Manager to Apply for an Energy Efficiency Loan for Various System Upgrades to City Facilities and Street Lights (PW) — File 4-4 CA Enerav Efficiencv Loan RESOLUTION 14228 — RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AN ENERGY EFFICIENCY LOAN FOR VARIOUS SYSTEM UPGRADES TO CITY FACILITIES AND STREET LIGHTS AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin g_ Resolution Declaring Council's Intention to Levy an Annual Assessment for the Downtown San Rafael Business Improvement District (ED) — File 224 x 183 BID Proposed Assessment Mavor Phillips Mavor Phillips invited public comment Joel Eis, Rebound Bookstore There being no further comment from the audience, Mayor Phillips closed the public comment period Tom Adams, Economic Development Coordinator Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14229 — RESOLUTION DECLARING COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin j. Resolution Acknowledging Fulfillment of Target Corporation's Commitment to Donate $250,000 to the San Rafael Public Library Foundation (Lib) — File 9-3-61 Taraet Donation to Library Foundation Councilmember McCullough recommended the elimination of the final recital and revision to resolution to read as follows: "Upon receipt by the San Rafael Public Library Foundation of the proposed lump sum payment of $150,000 from Target Corporation, the obligations of Target Corporation pursuant to Condition No. 10 of Resolution No. 13143 and Section 5 of Resolution No. 13141, each of which were adopted by the San Rafael City Council in connection with the development of the Target property, will be satisfied in full." Mavor Phillips Citv Manaqer Jim Schutz 4 Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution with revisions RESOLUTION 14230 — RESOLUTION ACKNOWLEDGING FULFILLMENT OF TARGET CORPORATION'S COMMITMENT TO DONATE $250,000 TO THE SAN RAFAEL PUBLIC LIBRARY FOUNDATION AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin a. Resolution Regarding Proposed 2017 Bail Schedule for Violations of the San Rafael Municipal Code (CA) — File 13-8 2017 Bail Schedule Citv Attornev Robert Epstein Mavor Phillips invited public comment; however, there was none Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14231 — RESOLUTION REGARDING PROPOSED 2017 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE AYES: Councilmembers: Bushey, Colin, McCullough and Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin OTHER AGENDA ITEMS: 3. Other Agenda Items: a. Hearing on the Contempo Marin Homeowners Association's Appeal of the Arbitrator's August 2, 2016 Decision on Petitions by MHC Financing Limited Partnership and MHC Operating Limited Partnership for Capital Pass-throughs to Tenants for 2013, 2014, and 2015 (CA) — File 13-7-1 Contemoo Marin Appeal Mavor Phillips Citv Attornev Robert Epstein reported that the City received notice the matter was settled between the parties. Mavor Phillips / Robert Epstein b. 270 Linden Lane - Appeal of Planning Commission's July 26, 2016 Denial of an Appeal (AP 16-001) and Upholding the Zoning Administrator's Conditional Approval of an Environmental and Design Review Permit (ED 14-052) Allowing the Construction of a New Two -Story, 3,754 square -foot, Single -Family Residence on a Vacant 9,340 square -foot 'flag' Lot and Associated Site Improvements, Including Minor Grading, Drainage and Landscaping (CD) — File 273 270 Linden Lane Appeal Steve Stafford, Community Development Interim Senior Planner Councilmember Colin / Steve Stafford Councilmember McCullough / Steve Stafford Councilmember McCullough / Steve Stafford Councilmember McCullough / Steve Stafford Mavor Phillips invited public comment Dan Stetsol, Applicant Brian Garoot John Sarter Mavor Phillips Paula Doubledav Tim Moslev Rickv Mason, Applicant's Architect Mavor Phillips / Rickv Mason Councilmember McCullough / Rickv Mason Councilmember McCullough / Rickv Mason Speaker There being no further comment from the audience, Mayor Phillips closed the public comment period Raffi Bolovan, Community Development Planning Manager Mavor Phillips / Raffi Bolovan Councilmember Colin Councilmember Bushev 11 Councilmember McCullough Mavor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 14232 — RESOLUTION DENYING AN APPEAL (AP16-002) OF THE PLANNING COMMISSION'S JULY 26, 2016 DECISION TO DENY AN APPEAL (AP16-001) AND UPHOLD THE ZONING ADMINISTRATOR'S MAY 11, 2016 CONDITIONAL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED14-052) ALLOWING THE CONSTRUCTION OF A NEW, TWO- STORY, 3,754 SQ. FT., SINGLE-FAMILY RESIDENCE ON A VACANT 9,340 SQ. FT. `FLAG' LOT AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING MINOR GRADING, DRAINAGE AND LANDSCAPING, LOCATED AT 270 LINDEN LN. APN: 015-041-56 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin C. Review of Options and Recommendations to the Residential Building Resale Report (RBR) Program (CD) — File 286 RBR Proqram Citv Manaqer Jim Schutz Paul Jensen, Community Development Director, introduced Chief Building Official Thomas Ahrens, who would assist in presenting the staff report Thomas Ahrens Mavor Phillips Councilmember Colin / Paul Jensen Councilmember McCullough / Thomas Ahrens Mavor Phillips Councilmember McCullough / Thomas Ahrens Mavor Phillips invited public comment Jennifer Chow Andv Feglev, Marin Association of Realtors Mavor Phillips / Andv Feglev Councilmember Colin / Andv Feglev Mavor Phillips / Andv Feqlev 7 Councilmember McCullouah / Andv Fealev Mary Kav Yamamoto, RE/MAX of Central Marin Councilmember Colin / Mary Kav Yamamoto Katie Hoaan, Realtor Yoko Kasai, Realtor Mavor Phillips / Yoko Kasai Speaker Victoria DeWitt There being no further comment from the audience, Mayor Phillips closed the public comment period Thomas Ahrens Mavor Phillips / Thomas Ahrens Paul Jensen Councilmember Colin / Paul Jensen Councilmember McCullough / Thomas Ahrens Councilmember McCullough / Paul Jensen Councilmember McCullough Councilmember Colin Councilmember Colin / Robert Epstein Mavor Phillips Mavor Phillips / Paul Jensen Mavor Phillips / Paul Jensen / Thomas Ahrens Mavor Phillips / Robert Epstein Councilmember Bushev Councilmember Colin Councilmember McCullouah Mavor Phillips w Councilmember Bushev / Paul Jensen Mavor Phillips Councilmember Bushev moved and Councilmember Colin seconded to accept the report: Staff directed to return with the proposed Municipal Code changes, a Resolution, and the addition of Mayor Phillips' suggestion to include a provision to refund those in compliance. Councilmember Colin / Paul Jensen Accepted report AYES: Councilmembers: Bushey, Colin & Mayor Phillips NOES: Councilmembers: McCullough ABSENT: Councilmembers: Gamblin d. Accept the Fiscal Year 2015-2016 Annual Financial Report, the Gann Appropriations Limit Report, the Memorandum on Internal Control, Child Development Program Report, and the Transportation Development Act Report (Fin) — File 8-1 x 8-9 x 9-3-20 Financial Statements & Audit Reports Mark Moses, Finance Director, presented the staff report Kathrvn Hume, Maze & Associates Councilmember Colin / Kathrvn Hume / Mark Moses Kathrvn Hume Phillips Mark Moses Mavor Phillips Mayor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to accept the report Accepted report AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin CITY MANAGER'S REPORT: 4. City Manager's Report: None 0 COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at City Expense) 5. Councilmember Reports: Councilmember Bushev reported on the San Rafael Library Foundation's annual meeting held on October 13, 2016. Mavor Phillips reported that the application for a combined SMART Quiet Zone was submitted on October 20, 2016. SAN RAFAEL SUCCESSOR AGENCY Consent Calendar: Member Bushey moved and Member Colin seconded to approve the Consent Calendar: a. Investment Report for the San Rafael Successor Agency for Quarter Ended September 30, 2016 (Fin) — File SA Financial Reports / Policy SA Quarterly Investment Report Accepted report AYES: Members: Bushey, Colin, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: Gamblin ADJOURNMENT: ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2016 GARY O. PHILLIPS, Mayor 10