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Home My WebLink AboutCC SA Minutes 2013-07-15IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, July 15, 2013 t7%Wim 5'il? i�f 5lurin Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Vice -Mayor Heller Councilmember Colin Councilmember Connolly Councilmember McCullough City Manager Nancy Mackle, City Attorney Robert Epstein, City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 5:30 PM Mayor Phillips announced Closed Session item. CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - 5:30 PM 2. Closed Session: a) Conference with Labor Negotiators- Government Code Section 54957.6(a) Lead Negotiators: Jack Hughes and Kelly Tuffo, Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Anil Comelo, Mark Moses, Lisa Goldfien, Robert Epstein Employee Organization(s): San Rafael Fire Chief Officers' Assn. Western Council of Engineers San Rafael Firefighters' Assn. Local 1 - Confidential San Rafael Police Mid -Management Assn. SEW Miscellaneous & Supervisory San Rafael Police Association Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney Robert Epstein, City Attorney, announced that no reportable action was taken. SPECIAL PRESENTATION: 3. Police Department Awards Ceremony Chief of Police Diana Bishop introduced the item Lieutenant Dan Fink presented awards to: Peggy Ruge, Meritorious Conduct Citation Officer Anthony Augustyn and Officer Elisha Adams, Life Saving Citation Corporal Ronda Reese, Life Saving Citation Corporal Scott Engels and Officer Thomas Sabido, Life Saving Citation Mayor Phillips ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM David Hellman addressed the City Council on the issue of Card Room Permits Mayor Phillips CONSENT CALENDAR: Councilmember Heller moved and Councilmember Connolly seconded to approve the following Consent Calendar Items: 4. Consent Calendar Items: a. Approval of Minutes of Regular City Council and Successor Agency Meeting of July 1, 2013 (CC) Minutes 7/1/2013 Approved as submitted b. Resolution Authorizing Two Permanent, .60 FTE and .63 FTE Positions in the Child Care Division to Support the Expansion of Enrollment at the Vallecito Children's Center (CS) — File 9-3-86 x 9-3-65 Childcare Positions RESOLUTION NO. 13569 - RESOLUTION AUTHORIZING ONE PERMANENT .60 FTE POSITION AND ONE PERMANENT .63 FTE POSITION IN THE CHILD CARE DIVISION TO SUPPORT THE EXPANSION OF ENROLLMENT AT THE VALLECITO CHILDREN's CENTER C. Resolution Authorizing Closure of San Rafael City Streets Bi -Monthly for the La Placita Open Air Market Presented by the Canal Welcome Center, Beginning on Sunday July 28, 2013 through October 27, 2013 from 7:00 AM to 7:00 PM (ED) — File 11-19 Street Closure -La Placita RESOLUTION NO. 13570 — RESOLUTION AUTHORIZING CLOSURE OF SAN RAFAEL CITY STREETS BI -MONTHLY FOR THE LA PLACITA OPEN AIR MARKET PRESENTED BY THE CANAL WELCOME CENTER, BEGINNING ON SUNDAY JULY 28, 2013 THROUGH OCTOBER 27, 2013 FROM 7:00 A.M. TO 7:00 P.M. d. Resolution Approving and Authorizing the City Manager to Execute an Agreement with HdL Coren & Cone for Property Tax Audits and Information Services (Fin) — File 4-10-318 x 8-1 2 HdL. Coren & Cone Aar. RESOLUTION NO. 13571 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HdL COREN & CONE FOR PROPERTY TAX AUDITS AND INFORMATION SERVICES e. Adopt Specifications for Traffic Signal Preventive Maintenance and Repair Program 2013/2015, Project No. 001-44-33001-9231, and Authorize the City Clerk to Call for Bids (PW) — File 4-1-644 Specs. Traffic Signal Pev. Maint Approved staff recommendation. AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None ABSTAIN: Councilmember Colin from Item 4a only, due to her absence from meeting. PUBLIC HEARINGS 5. Public Hearings: a. Transactions and Use Tax: (CM) — File 9-4 Consideration of A) an Ordinance of the City of San Rafael Amending Chapter 3.19 of the San Rafael Municipal Code Extending and Increasing the Existing Transactions and Use Tax Administered by the State Board of Equalization, Subject to Approval of a Majority of the Electors Voting on the Tax Measure at the General Municipal Election to be held on Tuesday, November 5, 2013, and B) a Resolution Ordering the Submission to the Electors of the City of San Rafael, a Ballot Measure Proposing an Amendment to Chapter 3.19 of the Municipal Code of the City of San Rafael to Extend and Increase the Existing Transactions and Use Tax at the General Municipal Election to be held Tuesday, November 5, 2013, as called by Resolution No. 13529 and Ordering the Publication Thereof; and Requesting Consolidation with any Other Election Conducted on the Same Date; and Requesting Election Services by the Registrar of Voters; and Requesting the City Attorney to Prepare an Impartial Analysis of the Measure. Transactions and Use Tax Amended Resolution Nancy Mackle, City Manager, gave the staff presentation. Councilmember McCullough / Nancy Mackie Mayor Phillips declared the public hearing opened Jackie Schmidt, Measure S Committee Randy Warren Mayor Phillips Clifford Dietz, Measure S. Committee Tom Weathers, Fire Commission Pat Kendall, Kaiser Permanente Roger Smith Mayor Phillips Peter Campbell Lori Schifrin Ray Lorber There being no further comment from the audience, Mayor Phillips closed the public hearing. Mayor Phillips / Robert Epstein Mayor Phillips / Nancy Mackle Nancy Mackle Councilmember McCullough Nancy Mackle Councilmember Colin / Nancy Mackle Councilmember Colin / Nancy Mackle Councilmember Connolly / Nancy Mackle Councilmember McCullough Nancy Mackle / Mark Moses, Interim Finance Director Councilmember Heller Councilmember Connolly Mayor Phillips Councilmember Colin Councilmember Heller Councilmember McCullough 4 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3.19 OF THE SAN RAFAEL MUNICIPAL CODE EXTENDING AND INCREASING THE EXISTING TRANSACTIONS AND USE TAX ADMINISTERED BY THE STATE BOARD OF EQUALIZATION, SUBJECT TO APPROVAL OF A MAJORITY OF THE ELECTORS VOTING ON THE TAX MEASURE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,2013" Councilmember Heller moved and Councilmember Connolly seconded to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1913 to print by the following vote ,to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None Councilmember Heller moved and Councilmember Connolly seconded to adopt the Resolution RESOLUTION NO. 13572 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) ORDERING THE SUBMISSION TO THE ELECTORS OF THE CITY OF SAN RAFAEL, A BALLOT MEASURE PROPOSING AN AMENDMENT TO CHAPTER 3.19 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL TO EXTEND AND INCREASE THE EXISITNG TRANSACTIONS AND USE TAX AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2013 AS CALLED BY RESOLUTION NO. 13529 AND ORDERING THE PUBLICATION THEREOF: AND 2) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 3) REQUESTING ELECTION SERVICES BY THE REGISTRAR OF VOTERS; AND 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None b. Baypoint Lagoons Landscaping and Lighting District: Resolution Confirming Diagram and Assessment and Levying Assessment for Fiscal Year 2013-2014 - Baypoint Lagoons Landscaping and Lighting District (Pursuant to the Landscaping and Lighting Act of 1972) (PW) — File 6-48 Bavooint Laaoons Assessment Nader Mansourian, Public Works Director, presented the staff report. Mayor Phillips declared the public hearing opened and there being no comment from the audience, he closed the public hearing. Councilmember Heller / Nader Mansourian Councilmember McCullough / Nader Mansourian Councilmember Heller moved and Councilmember Connolly seconded to adopt the Resolution. RESOLUTION NO. 13573 — RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2013-2014 - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None C. Point San Pedro Median Landscaping Assessment District: Resolution Confirming the Engineer's Annual Levy Report for the Pt. San Pedro Median Landscaping Assessment District; the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2013-2014 (PW) — File 6-56 Pt. San Pedro Median Assessment Nader Mansourian, Public Works Director, presented the staff report. Mayor Phillips / Nader Mansourian Mayor Phillips declared the public hearing opened and there being no comment from the audience, he closed the public hearing Councilmember McCullouah / Nader Mansourian Councilmember McCullough moved and Councilmember Heller seconded to adopt the Resolution RESOLUTION NO. 13574 — RESOLUTION CONFIRMING THE ENGINEER's ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO MEDIAN LANDSCAPING ASSESSMENT DISTRICT; THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2013-2014 AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Approving San Rafael's Five -Year Capital Improvement Program for Fiscal Years 2013/14 Through 2017/2018 and Authorizing the Reprogramming of 21 Capital Projects to Subsequent Years (PW) — File 8-5 x 9-3-40 Capital Improvement Program Nader Mansourian, Public Works Director, presented the staff report_ Kevin McGowan, Assistant Public Works Director, gave a PowerPoint presentation. Councilmember Connolly / Kevin McGowan IXI Nader Mansourian Kevin McGowan Councilmember McCullough / Kevin McGowan Councilmember Connolly / Nader Mansourian / Kevin McGowan Mayor Phillips / Nader Mansourian Nancy Mackle Nader Mansourian Mayor Phillips / Councilmember McCullough / Nader Mansourian NancV Mackle / MaVor Phillips / Kevin McGowan Nader Mansourian Mayor Phillips / Nader Mansourian Nancy Mackle Mark Moses Councilmember McCullough NancV Mackle Councilmember McCullough Carlene McCart, Community Services Director Councilmember McCullough / Carlene McCart Nader Mansourian Councilmember Connolly / Kevin McGowan Councilmember Colin / Nader Mansourian Kevin McGowan Councilmember Colin / Kevin McGowan Councilmember Colin / Nader Mansourian Councilmember Colin / Nader Mansourian / Carlene McCart 7 Mayor Phillips / Nancy Mackle Councilmember McCullough / Nancy Mackle / Mayor Phillips Robert Epstein / Mayor Phillips There was no public comment. Councilmember Heller moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION NO. 13575 — RESOLUTION APPROVING SAN RAFAEL's FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2013/14 THROUGH 2017/2018 AND AUTHORIZING THE REPROGRAMMING OF 21 CAPITAL PROJECTS TO SUBSEQUENT YEARS AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None b. Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael Response to the 2012-2013 Marin County Grand Jury Report Entitled "Holding the Bag" (CM) — File 269 Grand Jury Report "Holding the Bag" Cory Bytof, Sustainability and Volunteer Program Coordinator, presented the staff report. Councilmember Connolly / Cory Bytof / Nancy Mackle Robert Epstein Mayor Phillips / Cory Bytof Councilmember McCullough Councilmember McCullough / Cory Bytof Councilmember Colin / Cory Bytof Mayor Phillips / Cory Bytof Nancy Mackle Mayor Phillips Councilmember Heller / Mavor Phillips Cory Bytof / Mayor Phillips Nancy Mackle / Mayor Phillips Councilmember Colin W There was no public comment Councilmember Connolly moved and Councilmember Colin seconded to adopt the Resolution AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None RESOLUTION NO. 13576 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2012-2013 MARIN COUNTY GRAND JURY REPORT ENTITLED: "HOLDING THE BAG" CITY MANAGER'S REPORT: 7. City Manager's Report None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on 8. Councilmember Reports Mayor Phillips Mayor Phillips announced that Gladys Gilliland, who was reappointed to the Citizens Advisory Committee on Economic Development and Affordable Housing this evening, had subsequently voiced her preference to serve as an Alternate member; therefore, there now was an opening on this committee which would be filled as quickly as possible through the normal process. SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency - Consent Calendar - None None ADJOURNMENT: 10:25 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF , 2013 GARY O. PHILLIPS, Mayor 0