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HomeMy WebLinkAboutCC SA Minutes 2016-12-05IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, December 5, 2016 Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Councilmember Colin Councilmember Bushey Councilmember Gamblin Councilmember McCullough Absent: None Also Present: City Manager Jim Schutz City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION — COUNCIL CHAMBERS: 5:00 PM Mayor Phillips announced Closed Session items: CLOSED SESSION — THIRD FLOOR CONFERENCE ROOM: 5:00 PM 2. Closed Session: a. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2): Anticipated Litigation Number of Cases: One Facts and Circumstances: Dispute with Firefighters' Association, IAFF, Local 1775 concerning calculation of overtime pursuant to Federal Fair Labor Standards Act (FLSA) b. Conference with Labor Negotiators - Government Code §54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Lisa Charbonneau, Rick Bolanos, Jim Schutz, Cristine Alilovich, Stacey Peterson, Sylvia Gonzalez, Mark Moses, Robert Epstein, Kelly Albrecht Employee Organizations: Childcare • City Attornev Robert Epstein announced that no reportable action was taken OPEN TIME FOR PUBLIC EXPRESSION — 7:00 PM: • Trisha Cerutti-Savlors, San Rafael Childcare Division, addressed Council regarding SEIU Childcare negotiations • Mavor Phillips • Huao Landecker addressed Council regarding illegal solicitors 0 City Attornev Robert Epstein CONSENT CALENDAR: 3. Consent Calendar Items: Item 3.f removed from the agenda at the request of staff Item 3.b removed from the Consent Calendar by Councilmember Gamblin for comment Councilmember Gamblin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Resolution Authorizing the City Manager to Execute an Amendment of the Agreement for Legal Services with McInerney & Dillon, P.C., in Connection with the Preparation of Contract Documents for the Public Safety Center and Fire Station 52 and 57 Projects, to Increase the Total Compensation to an Amount Not to Exceed $35,000, in a Form Approved by the City Attorney (CA) — File 4-3-619A x 12-22 Essential Facilities Proiects Legal Services RESOLUTION 14237 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT OF THE AGREEMENT FOR LEGAL SERVICES WITH MCINERNEY & DILLON, P.C., IN CONNECTION WITH THE PREPARATION OF CONTRACT DOCUMENTS FOR THE PUBLIC SAFETY CENTER AND FIRE STATION 52 AND 57 PROJECTS, TO INCREASE THE TOTAL COMPENSATION TO AN AMOUNT NOT TO EXCEED $35,000, IN A FORM APPROVED BY THE CITY ATTORNEY C. Resolution Approving an Agreement for the Provision of Aquatic Program Services by the City of San Rafael to the City of Novato at the Hamilton Pool Complex (CS) — File 4-3-509 Aquatic Program Services RESOLUTION 14238 — RESOLUTION APPROVING AN AGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX d. Accept Special Library Parcel Tax Committee Annual Report (Lib) — File 9-2-62 Special Library Parcel Tax Committee Annual Report Accepted report e. Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with Park Engineering for Temporary Staff Assistance, in an Amount Not to Exceed $104,307.68 (PW) — File 4-3-605 Park Engineering Staff Assistance RESOLUTION 14239 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING FOR TEMPORARY STAFF ASSISTANCE, IN AN AMOUNT NOT TO EXCEED $104,307.68 2 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Resolution Authorizing the City Manager to Execute an Agreement with Regional Government Services (RGS) Joint Powers Authority for Finance Department Management and Administrative Services (CM) — File 4-3-473 Finance Dept. Staffinq Services Stacev Peterson, Human Resources Director, presented the staff report Councilmember Gamblin / Stacev Peterson Councilmember McCullough / City Manager Jim Schutz Councilmember McCullough / Jim Schutz Mayor Phillips invited public comment; however, there was none Councilmember Gamblin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14240 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH REGIONAL GOVERNMENT SERVICES (RGS) JOINT POWERS AUTHORITY FOR FINANCE DEPARTMENT MANAGEMENT AND ADMINISTRATIVE SERVICES AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None f. Resolution of Appreciation to Richard Landis, Administrative Manager, Department of Public Works, Retiring after 20 Years of Service with the City of San Rafael (PW) Removed from agenda SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation of Resolution of Appreciation to Richard Landis (PW) Removed from agenda PUBLIC HEARINGS 5. Public Hearings: a. General Plan 2020 Ten -Year Review Amendments: (CD) Consider Amendments to the San Rafael General Plan 2020, Updating Policies, Program and Land Use Designations in Response to the Ten -Year Review Presented to the City Council in 2015 — File 115 (2020) General Plan 2020 Amendments Mavor Phillips Raffi Bolovan, Planning Manager, presented the staff report Councilmember Colin / Paul Jensen, Community Development Director Councilmember Colin / Raffi Bolovan Councilmember Colin / Paul Jensen Councilmember Colin / Paul Jensen Councilmember Colin Councilmember Colin / Raffi Bolovan Mavor Phillips / Paul Jensen Councilmember McCullough / Raffi Bolovan Mavor Phillips / Raffi Bolovan Mavor Phillips / Raffi Bolovan Mavor Phillips declared the public hearing opened Huqo Landecker Amv Likover, San Rafael Heritage Victoria DeWitt There being no further comment from the audience, Mayor Phillips declared the public hearing closed Raffi Bolovan Raffi Bolovan / Councilmember Colin Councilmember Bushev Councilmember McCullough / Councilmember Bushev / Paul Jensen Paul Jensen Councilmember McCullough moved and Councilmember Gamblin seconded to adopt the Resolutions RESOLUTION 14241 — RESOLUTION ADOPTING ADDENDUM NO. 4 TO THE CERTIFIED SAN RAFAEL GENERAL PLAN 2020 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH# 2003052031) PREPARED FOR GENERAL PLAN AMENDMENTS (GPA15-001) (10 YEAR REVIEW POLICY AND MAP UPDATES) RESOLUTION 14242 — RESOLUTION APPROVING AMENDMENTS TO THE SAN RAFAEL GENERAL PLAN 2020, UPDATING POLICES, PROGRAMS AND LAND USE DESIGNATIONS IN RESPONSE TO THE 10 -YEAR REVIEW (GPA15-001) 4 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Residential Building Resale (RBR) Program: Consider: a) Amendments to San Rafael Municipal Code Chapter 12.36 (Report of Residential Building Record) Updating the Purpose, Scope and Provisions of the RBR Program; b) Adoption of a Resolution Setting Forth Policies, Practices and Procedures for Administering and Enforcing the RBR Program; and c) Amendments to the City of San Rafael Master Fee Schedule for Services Related to RBR Program — File 286 RBR Proaram Paul Jensen, Community Development Director, presented the staff report Councilmember Gamblin / Paul Jensen Councilmember McCullouah / Thomas Ahrens, Chief Buildina Official / Paul Jensen Mavor Phillips declared the public hearing opened Andv Fealev, Marin Association of Realtors Mavor Phillips / Andv Fealev Councilmember Bushev / Mavor Phillips Richard Benson, Marin County Assessor -Recorder -County Clerk Stewart Summers, Architect and Design Review Board member Victoria DeWitt There being no further comment from the audience, Mayor Phillips closed the public hearing Councilmember Gamblin / Thomas Ahrens Councilmember Gamblin / Thomas Ahrens Councilmember Gamblin / Paul Jensen Paul Jensen Councilmember Colin Councilmember McCullouah moved to pass the ordinance to print and adopt both resolutions subject to following proviso: the language be made explicit in the ordinance that provided a notice of compliance has been issued, that any existing unpermitted work discovered after the notice of compliance would be grandfathered in. Not seconded. Councilmember Colin / Councilmember McCullough 5 Citv Attornev Robert Epstein / Councilmember McCullough If a Notice of Compliance was issued because no unpermitted work was discovered during the inspection, or it had been corrected after the report was given to the homeowner, should an existing unpermitted condition be discovered thereafter which pre-existed the Notice of Compliance and was not caught by staff, that work would be grandfathered in, much as other items would be grandfathered in going forward, and the City would not force compliance to correct that unpermitted work. Councilmember McCullough Citv Manager Jim Schutz Mavor Phillips / Robert Epstein / Councilmember McCullough Councilmember Gamblin / Thomas Ahrens Mavor Phillips / Jim Schutz The title of the ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 12 (BUILDING REGULATIONS) TO REPEAL CHAPTER 12.36 THEREOF IN ITS ENTIRETY AND REPLACE IT WITH NEW CHAPTER 12.36 (REPORT OF RESIDENTIAL BUILDING RECORD) 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. 1945 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolutions, subject to the amendment previously articulated for Resolution No. 14243 — If a Notice of Compliance was issued because no unpermitted work was discovered during the inspection, or it had been corrected after the report was given to the homeowner, should an existing unpermitted condition be discovered thereafter which pre-existed the Notice of Compliance and was not caught by staff, that work would be grandfathered in, much as other items would be grandfathered in going forward, and the City would not force compliance to correct that unpermitted work. RESOLUTION 14243 — RESOLUTION ADOPTING POLICIES, PRACTICES AND PROCEDURES FOR ADMINISTERING AND ENFORCING THE RESIDENTIAL BUILDING RECORD PROGRAM ("RBR PROGRAM") SET FORTH IN SAN RAFAEL MUNICIPAL CODE TITLE 12 (BUILDING REGULATIONS), CHAPTER 12.36 (REPORT OF RESIDENTIAL BUILDING RECORD) RESOLUTION 14244 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR SERVICES RELATED TO RESIDENTIAL RESALE INSPECTION REPORTS ADMINISTERED THROUGH THE RESIDENTIAL BUILDING RESALE REPORT PROGRAM (RBR PROGRAM) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 0 CITY MANAGER'S REPORT: 6. Citv Manaqer's Report: • Mavor Phillips announced that future City Manager reports would be moved to the beginning of the meeting • City Manaaer Jim Schutz reported on: o Fire Station Projects o New City Website • Assistant Citv Manager Cristine Alilovich COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 7. Councilmember Reports: • Councilmember Colin reported on: o Marin County Council of Mayors & Councilmembers (MCCMC) Oma Village in Novato o Latino Leadership & Outreach Focus Groups • Mavor Phillips expressed thanks to City staff for "doing things right" SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: - None ADJOURNMENT: Adjourned at 8:40 p.m. in memory of Gary Giacomini, recently deceased, and the Oakland Fire Victims ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12016 GARY O. PHILLIPS, Mayor 7