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Home My WebLink AboutCC SA Minutes 2017-02-06IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, February 6, 2017 � r 4rF�ixN n�� Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Vice -Mayor Bushey Councilmember Colin 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 - Existing Litigation Government Code Section 54956.9(d) (1) Name of Case: Don Burrows and Joyce Burrows v. City of San Rafael Marin County Superior Court Case No. CIV1502022 b. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d) (1) Aura Lopez et. al. v. City of San Rafael, et.al. Marin County Superior Court Case No. CIV1504117 C. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d) (1) Name of Case: Anthony Alviso et.al. v. City of San Rafael U.S. District Court for the N.D. of California Case No. CV 16-7056 MEJ d. 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: • None CITY MANAGER'S REPORT: 3. City Manager's Report Citv Manaqer Jim Schutz reported: • New Business Improvement District (BID) Board appointed - seeking new members • San Rafael Chamber of Commerce Businesses of the Year nomination period has opened CONSENT CALENDAR: 4. Consent Calendar Items: Items 4.h and 4.i removed from the Consent Calendar by Councilmember Gamblin for comment Part 1 of item 4.e removed from the Consent Calendar by staff for comment Councilmember McCullough moved and Councilmember Colin seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of City Council / Successor Agency Regular Meeting of January 17, 2017 (CC) Minutes 01/17/2017 Approved as submitted b. Call for Applications to Fill Two Four -Year Terms on the Fire Commission, to the End of March, 2021, Due to Expiration of Terms of Carolyn Lenert and Leonard Thompson (CC) — File 9-2-5 Fire Commission Vacancies Approved staff recommendation C. Resolution of Appreciation for the Citizen of the Year for 2017 (CM) — File 262 x 102 RESOLUTION 14269 — RESOLUTION OF APPRECIATION TO TAMRA PETERS AND BILL CARNEY, CITIZENS OF THE YEAR FOR 2017 d. Resolution Authorizing the City Manager to Execute a Three Year Professional Services Agreement with Next Generation Events, LLC to Manage the New Downtown San Rafael Market for the 2017 Through 2019 Seasons (ED) — File 4-3-531 Downtown Market 2 RESOLUTION 14270 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH NEXT GENERATION EVENTS, LLC TO MANAGE THE NEW DOWNTOWN SAN RAFAEL MARKET FOR THE 2017 THROUGH 2019 SEASONS Accept Investment Report for the City of San Rafael for Quarter Ended December, 2016 (Fin) —File 8-18 x 8-9 Citv Investment Report Accepted report e. 1) Resolution Approving the Purchase of 101 Square Feet of Property at 409 Third Street, San Rafael (APN 014-151-14), from Montecito Market Place Associates, for an Amount Not to Exceed $5,300; and 2) Resolution Authorizing Conveyance of a Non -Exclusive Easement for Driveway Purposes Over City Property at 750 Grand Avenue, San Rafael (APN 014-132-10), to Montecito Market Place Associates (ED) — File 2-2 Grand Ave Improvement Proiect 1) RESOLUTION 14271 — RESOLUTION AUTHORIZING CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES OVER CITY PROPERTY AT 750 GRAND AVENUE, SAN RAFAEL (APN 014-132-10), TO MONTECITO MARKET PLACE ASSOCIATES g. Resolution of Appreciation to Sean Prendiville, Library Board of Trustees, Retiring after 13 Years of Service (Lib) — File 102 RESOLUTION 14272 — RESOLUTION OF APPRECIATION TO SEAN PRENDIVILLE, LIBRARY BOARD OF TRUSTEES, RETIRING AFTER 13 YEARS OF SERVICE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None e. 1) Resolution Approving the Purchase of 101 Square Feet of Property at 409 Third Street, San Rafael (APN 014-151-14), from Montecito Market Place Associates, for an Amount Not to Exceed $5,300; and 2) Resolution Authorizing Conveyance of a Non -Exclusive Easement for Driveway Purposes Over City Property at 750 Grand Avenue, San Rafael (APN 014-132-10), to Montecito Market Place Associates (ED) — File 2-2 Grand Ave Improvement Proiect Tom Adams, Economic Development Coordinator, presented the staff report (Resolution #2 edited to reflect a revised figure of $5,425, with associated edits to the Contract) Mavor Phillips invited public comment; however, there was none Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution Mavor Phillips / Tom Adams 2) RESOLUTION 14273 — RESOLUTION APPROVING THE PURCHASE OF 101 SQUARE FEET OF PROPERTY AT 409 THIRD STREET, SAN RAFAEL (APN 014-151-14), FROM MONTECITO MARKET PLACE ASSOCIATES, FOR AN AMOUNT NOT TO EXCEED $5,425 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None h. Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc., for Additional Inspection Services in Association with The Village at Loch Lomond Marina Subdivision, and Increasing the Compensation, for a Total Not -to -Exceed Amount of $326,000 (PW) — File 4-3-614 Villaqe Loch Lomond Inspection Svcs. Bill Guerin, Public Works Director, presented the staff report Mavor Phillips / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Bill Guerin Councilmember Gamblin / Kevin McGowan, Assistant Public Works Director / Bill Guerin Mavor Phillips invited public comment; however, there was none Councilmember Gamblin moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION 14274 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC., FOR ADDITIONAL INSPECTION SERVICES IN ASSOCIATION WITH THE VILLAGE AT LOCH LOMOND MARINA SUBDIVISION, AND INCREASING THE COMPENSATION, FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $326,000 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Resolution to Accept the Completion of the Terra Linda Pool House Renovation Project, City Project 11229, Authorize the City Clerk to File a Notice of Completion, and Increase the Contingency to Cover the Changes Associated with Completing the Project by $135,922.81 for a Total Not -to -Exceed Amount of $1,228,350.49 (PW) — File 4-1-660 x 4-3- 560 TL Pool House Renovation Proiect Completion Citv Manaqer Jim Schutz Councilmember Gamblin 4 Bill Guerin, Public Works Director Mavor Phillips Mavor Phillips invited public comment; however, there was none Councilmember Colin moved and Councilmember Bushey seconded to accept the report and adopt the Resolution RESOLUTION 14275 — RESOLUTION TO ACCEPT THE COMPLETION OF THE TERRA LINDA POOL HOUSE RENOVATION PROJECT, CITY PROJECT 11229, AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION, AND INCREASE THE CONTINGENCY TO COVER THE CHANGES ASSOCIATED WITH COMPLETING THE PROJECT BY $135,922.81 FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $1,228,350.49 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATIONS: 5. Special Presentations: a. Presentation of Resolution of Appreciation to Sean Prendiville, Retiring Member of the Library Board of Trustees Mavor Phillips presented the Resolution of Appreciation to Sean Prendiville Sean Prendiville Mavor Phillips b. Presentation of Resolution of Appreciation to the Citizens of the Year for 2017 Mavor Phillips Mavor Phillips presented the Resolution of Appreciation to the Citizens of the Year Tamra Peters and Bill Carney Bill Carnev Tamara Peters Mavor Phillips OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Initiating the San Rafael General Plan 2040 Process City File Nos: GPA16-001 & P16-013 (CD) — File 287 General Plan 2040 Update Paul Jensen, Community Development Director, introduced Raffi Boloyan, Planning Manager, who would assist in the presentation of the staff report Raffi Bolovan Mavor Phillips Councilmember Colin / Paul Jensen Councilmember Colin / Paul Jensen / Raffi Bolovan Councilmember Colin / Paul Jensen Councilmember Colin Councilmember McCullough Councilmember McCullough / Paul Jensen Councilmember Bushev / Paul Jensen Mavor Phillips / Raffi Bolovan Mavor Phillips / Paul Jensen Mavor Phillips / Paul Jensen Mavor Phillips Mavor Phillips invited public comment Roger Roberts Carolvn Lenert Mavor Phillips Joanne Webster, San Rafael Chamber of Commerce Diane Henderson There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember McCullough Mavor Phillips / Councilmember McCullough 0 Mavor Phillips / Paul Jensen Raffi Bolovan / Councilmember Colin Mavor Phillips Alize Levland / Mavor Phillips Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution with the revised residency requirements RESOLUTION 14276 — RESOLUTION INITIATING THE SAN RAFAEL GENERAL PLAN 2040 PROCESS CITY FILE NOS: GPA16-001 & P16-013 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Consideration of the Development of a Sidewalk and Tree Maintenance Policy within the City of San Rafael Street Right of Way to Ensure That Sidewalks Are Free of Tripping Hazards and Other Unsafe Conditions (PW) — File 11-7 x 11-6 Sidewalk/Tree Maintenance Proaram Citv Manager Jim Schutz Bill Guerin, Public Works Director, presented the staff report Mavor Phillips / Bill Guerin Citv Attornev Robert Epstein Mavor Phillips / Robert Epstein Councilmember Colin / Bill Guerin Mavor Phillips / Bill Guerin Councilmember Bushev / Bill Guerin Councilmember McCullough / Bill Guerin Councilmember McCullough / Bill Guerin Councilmember McCullough / Robert Epstein Mavor Phillips / Bill Guerin / Councilmember McCullouah Mavor Phillips invited public comment Thomas Farlev 7 Joanne Webster, San Rafael Chamber of Commerce Stacev Lowman Kirslev Hiaains Mavor Phillips Roaer Roberts Paul Heidleman Ron Moore Richard Whittaker Alize Levland Gina Silvestri, Gerstle Park Neighborhood Association President Steven Schoonover Huao Landecker Joakim Osthus Ross Parmenter Mavor Phillips / Ross Parmenter George Silvestri There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember McCullouah Councilmember Bushev Councilmember Colin Mavor Phillips Councilmember McCullough Mavor Phillips Councilmember Gamblin / Bill Guerin / Mavor Phillips W C. Resolution Authorizing and Directing Staff to Move Forward with the Design of Option 1 for the Southern Heights Bridge Replacement Project (Project No. 11282) (PW) — File 4-3-620 Southern Heights Bridge Replacement Proi. Kevin McGowan, Assistant Public Works Director, presented the staff report Councilmember Colin / Kevin McGowan Councilmember Gamblin / Kevin McGowan Mavor Phillips / Kevin McGowan Councilmember Gamblin / Kevin McGowan Mavor Phillips invited public comment Michael Shank, Southern Heights Neighborhood Association President Mavor Phillips / Michael Shank Councilmember Colin / Michael Shank Mavor Phillips / Michael Shank Councilmember McCullough / Michael Shank Mavor Phillips / Julie Passalacaua, Mark Thomas & Company Michael Shank / Mavor Phillips / Kevin McGowan Councilmember Gamblin / Mavor Phillips Councilmember Bushev / Robert Epstein, City Attorney Councilmember Bushev / Robert Epstein Mavor Phillips / Julie Passalacaua Michael Shank Councilmember Bushev / Michael Shank Mavor Phillips / Kevin McGowan Mavor Phillips / Julie Passalacaua Mavor Phillips / Julie Passalacaua Councilmember Gamblin / Robert Epstein / Kevin McGowan M Mavor Phillips / Kevin McGowan Ethan Lubka Mavor Phillips / Ethan Lubka Robert Epstein Councilmember McCullough / Ethan Lubka / Mavor Phillips Suni Lee Don Daglo Alize Levland Arthur Feidler Eric Krumrev There being no further comment from the audience, Mayor Phillips closed the public comment period Councilmember Colin / Julie Passalacqua Councilmember Gamblin / Kevin McGowan / Julie Passalacqua Councilmember McCullough / Julie Passalacqua Mavor Phillips / Julie Passalacqua / Robert Epstein Councilmember Bushev / Robert Epstein Mavor Phillips / Robert Epstein Mavor Phillips Councilmember Colin moved and Councilmember McCullough seconded to table the item for two weeks with the strong recommendation that option 4 be examined and brought back. Staff to investigate what added cost and/or time would be involved to engineer the bridge such that option 1 or option 4 was in fact produced, should that be the will of the council, and that it be capable of having a cantilevered walkway should the council and community deem it necessary in the future. Councilmember McCullough Councilmember Colin Mavor Phillips / Kevin McGowan AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 10 Robert Epstein / Julie Passalacaua Mavor Phillips / Julie Passalacaua 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: • Homeless Point -in -time count • Latino Leaders Initiative • Marin County Council of Mayors and Councilmembers (MCCMC) Homeless Committee Councilmember Bushev reported on: • ABAG (Association of Bay Area Governments) General Assembly SAN RAFAEL SUCCESSOR AGENCY 1. Consent Calendar: Member McCullough moved and Member Gamblin seconded to approve Consent Calendar: a. Accept Investment Report for the San Rafael Successor Agency for Quarter Ended December, 2016 (Fin) — File SA Staff Report SA Investment Report Accepted report AYES: Members: Bushey, Colin, Gamblin, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: None ADJOURNMENT: 10:59 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2017 GARY O. PHILLIPS, Mayor 11