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Home My WebLink AboutCC SA Minutes 2013-08-05IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, August 5, 2013 t7 i�f FNI-i. Regular Meeting MINUTES San Rafael City Council OPEN SESSION - COUNCIL CHAMBERS - 6:30 PM Vice -Mayor Heller announced Closed Session item Present: Vice -Mayor Heller Councilmember Colin Councilmember Connolly Absent: Mayor Phillips Councilmember McCullough Also Present: City Attorney Robert Epstein Assistant City Manager Jim Schutz City Clerk Esther Beirne CLOSED SESSION - CITY MANAGER'S CONFERENCE ROOM 201 - 6:30 PM 2. Closed Session: a. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) & (d)(1) Case Name: Gallinas Creek Defense Council v. City of San Rafael, et al Marin County Superior Court Case No. CIV1300259 City Attorney Robert Epstein announced that no reportable action was taken at the Special Closed Session on July 25, 2013, and that no reportable action was taken at this evening's Closed Session, August 5, 2013. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM James Ferrandini addressed the issue of Homeless and Safety. Sharon Mansfield addressed the issue of the lagoon odor behind Spinnaker Point. Meq Jordan distributed information and addressed the issue of the stench from the lagoon in the Spinnaker neighborhood. Robert Epstein, City Attorney stated the City Attorneys office was working on the issue. Councilmember Connolly aker on the Spinnaker issue. Robert Epstein Vice -Mayor Heller Hugo Landecker CONSENT CALENDAR: 3. Consent Calendar Items: a. Approval of Minutes of Special City Council Meeting and Regular City Council and Successor Agency Meeting of July 15, 2013 (CC) Sp. Mtq. 7/15/13 CC SA Mtq. 7/15/13 Minutes Approved as submitted. b. Resolution Authorizing City Manager to Enter Into a Contract with HF and H Consultants, LLC in an Amount Not to Exceed $56,040 for Work on Refuse Rate Review for the Cities of San Rafael and Larkspur, Town of Ross, Las Gallinas Valley Sanitary District and Ross Valley -South (CM) — File 4-3-306 HF&H rP MSS RESOLUTION NO. 13577 - RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH HF AND H CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $56,040 FOR WORK ON REFUSE RATE REVIEW FOR THE CITIES OF SAN RAFAEL AND LARKSPUR, TOWN OF ROSS, LAS GALLINAS VALLEY SANITARY DISTRICT AND ROSS VALLEY -SOUTH C. Second Reading and Final Adoption of Ordinance No. 1913 (CM) - 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 — File 9-4 THT Ordinance Approved final adoption of Ordinance No. 1913. d. Resolution Authorizing the City Manager to Enter Into a One -Year Contract for Fiscal Year 2013-2014 with First 5 Marin (Marin Children and Families Commission) for Preschool Services at Pickleweed Children's Center Preschool in the Amount of $85,040 (CS) — File 4-10-238 2 First 5 Marin RESOLUTION NO. 13578 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE YEAR CONTRACT FOR FISCAL YEAR 2013-2014 WITH FIRST 5 MARIN (MARIN CHILDREN AND FAMILIES COMMISSION) FOR PRESCHOOL SERVICES AT PICKLEWEED CHILDREN'S CENTER PRESCHOOL IN THE AMOUNT OF $85,040 e. Resolution Authorizing the City Manager to Execute a Deed Restriction for Maria Freitas Park in Compliance with Mandates for Funding Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (CS) — File 9-3-66 Maria Freitas Park Deed Restriction RESOLUTION NO. 13579 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED RESTRICTION FOR MARIA FREITAS PARK IN COMPLIANCE WITH MANDATES FOR FUNDING UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 Resolution Authorizing the Temporary Closure of Mission Avenue Between C Street and E Street for the 7th Annual San Rafael Food and Wine Festival, Saturday, August 10, 2013, Between the Hours of 8:00 AM and 8:00 PM (CS) — File 11-19 Food and Wine Street Closure RESOLUTION NO. 13580 - RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE BETWEEN C STREET AND E STREET FOR THE 7TH ANNUAL SAN RAFAEL FOOD AND WINE FESTIVAL, SATURDAY, AUGUST 10, 2013, BETWEEN THE HOURS OF 8:00 AM AND 8:00 PM g. Quarterly Investment Report for the City of San Rafael Ending June, 2013 (Fin) — File 8-18 x 8-9 Investment Rat - June 2013 Accepted report h. Resolutions: (PD) — File 9-3-30 Approving Use of State of California Office of Traffic Safety Grant Funds in the Amount of $175,500 for the "Avoid the Marin 13 DUI Campaign - Marin County" Enforcement Program from October 1, 2013 through September 30, 2014, and Authorizing the City Manager to Execute a Grant Agreement, Memorandum of Understanding (MOU) and Other Related Documents in a Form Approved by the City Attorney; PD Avoid Marin 13 and STEP Grant RESOLUTION NO. 13581 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $175,500 FOR THE "AVOID THE MARIN 13 DUI CAMPAIGN - MARIN COUNTY" ENFORCEMENT PROGRAM FROM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, MEMORANDUM OF UNDERSTANDING (MOU) AND ANY OTHER DOCUMENTS RELATED TO THE GRANT IN A FORM APPROVED BY THE CITY ATTORNEY 2. Approving Use of State of California Office of Traffic Safety Grant Funds in the Amount of $73,000 for the STEP Grant "Selective Traffic Enforcement Program" from October 1, 2013 through September 30, 2014, and Authorizing the City Manager to Execute a Grant Agreement and any Other Related Documents in a Form Approved by the City Attorney RESOLUTION NO. 13582 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $73,000 FOR THE STEP GRANT "SELECTIVE TRAFFIC ENFORCEMENT PROGRAM" FROM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT IN A FORM APPROVED BY THE CITY ATTORNEY Resolution Awarding Contract for the Street Resurfacing 2012-2013, City Project No. 11185, to Ghilotti Construction Company, Inc. in the Amount of $1,067,515.50 (PW) — File 4-1-643 Street Resurfacina 12-13 RESOLUTION NO. 13583 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR THE STREET RESURFACING 2012-2013, CITY PROJECT NO. 11185, TO GHILOTTI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,067,515.50 j. Accept Completion of the City Hall Heating, Ventilation and Air Conditioning System Upgrades, Project No. 11154, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-622 HVAC Completion Approved staff recommendation. Councilmember Connolly moved and Councilmember Colin seconded to approve the Consent Calendar Items: AYES: Councilmembers: Colin, Connolly & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: McCullough & Mayor Phillips OTHER AGENDA ITEMS: 4. Other Agenda Items: a) Transactions and Use Tax Ballot Measure (CA) Part 1: Resolution of the City Council of the City of San Rafael: - File 9-4 Rescinding Resolution No. 13572; and 2. 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 4 Ordering the Publication Thereof; and 3. Requesting Consolidation with any Other Election Conducted on the Same Date; and 4. Requesting Election Services by the Registrar of Voters; and 5. Requesting the City Attorney to Prepare an Impartial Analysis of the Measure Tl 1T RPGnlutinn Impartial Analysis Robert Epstein, City Attorney, presented the staff report. Vice-Mavor Heller Robert Epstein / Vice -Mayor Heller Randy Warren Councilmember Connolly / Councilmember Colin Councilmember Connolly moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION NO. 13586- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) RESCINDING RESOLUTION NO. 13572; 2) 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; 3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 4) REQUESTING ELECTION SERVICES BY THE REGISTRAR OF VOTERS; 5) EQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE AYES: Councilmembers: Colin, Connolly & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: McCullough & Mayor Phillips Councilmember Connolly moved and Councilmember Colin seconded to Approve City Attorneys Impartial Analysis of the Measure AYES: Councilmembers: Colin, Connolly & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: McCullough & Mayor Phillips b) Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael Response to the 2012-2013 Marin County Civil Grand Jury Report Entitled: "Marin's Retirement Health Care Benefits: The Money Isn't There" (CM) — File 269 Grand Jury -Retirement Health Care Jim Schutz, Assistant City Manager, presented the staff report. Councilmember Colin Jim Schutz Councilmember Connolly Vice -Mayor Heller Robert Epstein Councilmember Connolly moved and Councilmember Colin seconded to adopt the Resolution. AYES: Councilmembers: Colin, Connolly & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: McCullough & Mayor Phillips RESOLUTION NO. 13584 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2012-2013 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED: "MARIN'S RETIREMENT HEALTH CARE BENEFITS: THE MONEY ISN'T THERE" c) Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael Response to the 2012-2013 - Marin County Civil Grand Jury Report Entitled: "Garbology in Marin - Wasted Energy" (CM) — File 269 Grand Jury - Garbology Cory Bytof, Sustainability and Volunteer Program Coordinator, presented the staff report. Evan Edgar, on behalf of Marin Sanitary Service. Councilmember Colin Councilmember Connolly Robert Epstein Councilmember Colin moved and Councilmember Connolly seconded to adopt the Resolution. RESOLUTION NO. 13585 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2012-2013 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED: "GARBOLOGY IN MARIN - WASTED ENERGY" AYES: Councilmembers: Colin, Connolly & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: McCullough & Mayor Phillips M CITY MANAGER'S REPORT: 5. City Manager's Report None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on meetings and conferences attended at City Expense. 6. Councilmember Reports Councilmember Colin Councilmember Connolly SAN RAFAEL SUCCESSOR AGENCY 7. Successor Agency - Consent Calendar a) Resolution Approving a Request to the Marin County Board of Supervisors to Authorize a Temporary Transfer of Funds (ED) — File SA — Staff Reports Transfer of Funds RESOLUTION NO. 2013-03 - RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY APPROVING A REQUEST TO THE MARIN COUNTY BOARD OF SUPERVISORS TO AUTHORIZE A TEMPORARY TRANSFER OF FUNDS b) Quarterly Investment Report for the San Rafael Successor Agency Ending June, 2013 (Fin) File SA — Financial Reports Investment Rpt - June 2013 Accepted report. C) Resolution Approving A Recognized Obligation Payment Schedule for the Period January Through June 2014 Prepared Pursuant to Health and Safety Code Section 34177(L), and Directing the City Manager or the City Manager's Designee to Take All Action Necessary and Appropriate on Behalf of the City as Successor Agency Under the Community Redevelopment Law in Connection with the Approved Recognized Obligation Payment Schedule (ED) — File SA Staff Reports ROPS - ?n14 RESOLUTION NO. 2013-04 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN THE CITY'S CAPACITY AS SUCCESSOR AGENCY OF THE SAN RAFAEL REDEVELOPMENT AGENCY, APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JANUARY THROUGH JUNE 2014 PREPARED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(L), AND DIRECTING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO TAKE ALL ACTION NECESSARY AND APPROPRIATE ON BEHALF OF THE CITY AS SUCCESSOR AGENCY UNDER THE COMMUNITY REDEVELOPMENT LAW IN CONNECTION WITH THE APPROVED RECOGNIZED OBLIGATION PAYMENT SCHEDULE 7 Member Colin moved and Member Connolly seconded to approve the Successor Agency- Consent Calendar: AYES: MEMBERS: Colin, Connolly and Vice -Chair Heller NOES: MEMBERS: None ABSENT: MEMBERS: McCullough & Mayor Phillips ADJOURNMENT: 7:46 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2013 GARY O. PHILLIPS, Mayor w