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Home My WebLink AboutCC Minutes 2012-09-17IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, September 17, 2012 Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Councilmember Heller Councilmember McCullough City Manager Nancy Mackle Assistant City Attorney Lisa Goldfien City Clerk Esther Beirne Absent: Councilmember Connolly Vice -Mayor Levine City Attorney Robert Epstein OPEN SESSION - COUNCIL CHAMBERS: - 6:00 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM: - 6:00 PM 2. Closed Session: a. Conference with Legal Counsel - Government Code Section 54956.9(a) Case Name: Michael Augustus v. City of San Rafael, Workers - Compensation Appeals Board Case No. 10-1848 Case Name: Michael Augustus v. San Rafael Police Department Assistant City Attorney Lisa Goldfien announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM The following speakers addressed the City Council in Open Time: Grace Severtson - garbage can replacement at Library Parking lot and Proposition 37. James Haig - Genetically Modified Organisms (GMO) - Proposition 37 Mayor Phillips Emma Jaffee - Proposition 37 1 Mary Larkin - Proposition 37 Vicki Sievers - Proposition 37 Lisa Chipkin - Proposition 37 David Sherman - Proposition 37 Marcie Leach - Genetically Modified Organisms in foods. Ray Lorber expressed thanks to the City Council and City staff for bringing "Safe Passage Along Lucas Valley Road" to a successful conclusion and presented a picture of the ground -breaking. Carolyn Lenert - Safe Passage Along Lucas Valley Road. CONSENT CALENDAR: Councilmember Heller moved and Councilmember McCullough seconded to approve the Consent Calendar items as follows: 3. Consent Calendar Items: a. Approval of Minutes of City Council / Successor Agency Meetings of August 20 and September 4, 2012 (CC) Minutes 8/20/2012 Minutes 9/4/2012 Minutes approved as submitted. b. Resolution of Appreciation for Sue Beittel for Five Years of Service on the Marin Commission on Aging (CM) — File 102 x 199 RESOLUTION NO. 13411 - RESOLUTION OF APPRECIATION FOR SUE BEITTEL FOR FIVE YEARS OF SERVICE ON THE MARIN COMMISSION ON AGING. C. Resolution of Appreciation for Dan Sonnet for Five Years of Service on the San Rafael Planning Commission (CD) — File 102 x 9-2-6 RESOLUTION NO. 13412 - RESOLUTION OF APPRECIATION FOR DAN SONNET FOR FIVE YEARS OF SERVICE ON THE SAN RAFAEL PLANNING COMMISSION d. Call for Applications to Fill Four Four -Year Terms on the San Rafael ADA Access Advisory Committee, Due to Expiration of Terms of Fredric Divine, Eric Holm, Rob Simon and Bob Sonnenberg (CC) — File 9-2-56 Call for Applications ADA Access Advisory Committee Approved staff recommendation e. Resolution Authorizing the City Manager to Amend Existing Contract with HF&H Consultants, LLC for Work on Refuse Rate Methodology Review for the Cities of San Rafael and Larkspur, Town of Ross, Las Gallinas Sanitary District and Ross Valley -South, for an Additional $19,333, with Costs to be Paid by Marin Sanitary Service (CM) — 2 File 4-3-306 x 4-3-32 HF&H Contract Amendment RESOLUTION NO. 13413 - RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND EXISTING CONTRACT WITH HF&H CONSULTANTS, LLC FOR WORK ON REFUSE RATE METHODOLOGY REVIEW FOR THE CITIES OF SAN RAFAEL AND LARKSPUR, TOWN OF ROSS, LAS GALLINAS SANITARY DISTRICT AND ROSS VALLEY -SOUTH, FOR AN ADDITIONAL $19,333, WITH COSTS TO BE PAID BY MARIN SANITARY SERVICE Resolution Authorizing a Professional Services Agreement with Liebert Cassidy Whitmore for Legal and Labor Negotiation Services (MS) — File 4-3-450 x 7-4 Liebert Cassidy RESOLUTION NO. 13414 - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LEGAL AND LABOR NEGOTIATION SERVICES g. Resolution Authorizing the Director of Public Works to Approve an Amendment to Funding Agreement #2011-009 Between the Transportation Authority of Marin (TAM) and the City of San Rafael, thereby Authorizing the Allocation of $488,738 in Local Measure A Funding for Fiscal Year 2012-2013 (PW) — File 170 x 9-3-40 TAM Funding Agr. RESOLUTION NO. 13415 - RESOLUTION AUTHORIZING THE DIRECTOR OR PUBLIC WORKS TO APPROVE AN AMENDMENT TO FUNDING AGREEMENT #2011-009 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $488,738 IN LOCAL MEASURE A FUNDING FOR FISCAL YEAR 2012-2013 h. Adopt Plans and Specifications for Construction of the Parking Structure -Garage Lighting Replacements Project, City Project No. 11205, and Authorize the City Clerk to Call for Bids (PW) —File 4-1-635 Parking Structure Garage Lighting Plans & Specs. Approved staff recommendation Accept Completion of the Belle Avenue Pedestrian Improvements at Coleman Elementary School Project, City Project No. 11175, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-630 Belle Avenue Completion Approved staff recommendation AYES: Councilmembers Heller, McCullough & Mayor Phillips NOES: None ABSENT: Councilmember Connolly, Vice -Mayor Levine SPECIAL PRESENTATIONS: 4. Special Presentations: a. Presentation of Resolution of Appreciation to Sue Beittel, Marin Commission on Aging by Mayor Phillips (CM) - File 102 x 199 Sue Beittel b. Presentation of Resolution of Appreciation to Dan Sonnet, Planning Commission, by Mayor Phillips (CD) — File 102 x 9-2-6 Dan Sonnet Mayor Phillips PUBLIC HEARING 5. Public Hearing: a. Consideration of Ordinance Establishing San Rafael Municipal Code Chapter 10.92 Prohibiting the Use of Polystyrene Foam Disposable Food Packaging (CM) — File 13-1 Polystyrene Ban Ordinance Cory Bytof, Volunteer Coordinator, presented the staff report. Councilmember McCullough / Cory Bytof Cory Bytof Councilmember Heller Mayor Phillips declared the public hearing opened. Public Comment: Elissa Giambastiani, Local Task Force, Hazardous and Solid Waste JPA Libby McQuiston Land Wilson Bill Carney, Sustainable San Rafael Katherine Jain, Sustainable San Rafael Scott Tighe 4 Hugo Landecker There being no further comment from the audience, Mayor Phillips closed the public hearing. Mayor Phillips Cory Bytof / Mayor Phillips Councilmember McCullough Mayor Phillips The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.92 PROHIBITING THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD PACKAGING. Councilmember Heller moved and Councilmember McCullough seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1907 to print by the following vote, to wit: AYES: Councilmembers: Heller, NOES: None ABSENT: Councilmember Connolly, OTHER AGENDA ITEMS: 6. Other Agenda Items: McCullough & Mayor Phillips Vice -Mayor Levine a. Resolution Authorizing the Temporary Waiver of Penalties for Businesses that Establish Compliance with the Business License Requirements of the Municipal Code (Fin) — File 9-10 Business License Compliance Mark Moses, Interim Finance Director, presented the staff report. Richard Kalish, Board Chair, San Rafael Chamber of Commerce Councilmember McCullough Mayor Phillips / Mark Moses Councilmember McCullough Mayor Phillips Councilmember McCullough moved and Councilmember Heller seconded to adopt the Resolution RESOLUTION NO. 13416 — RESOLUTION AUTHORIZING THE TEMPORARY WAIVER OF PENALTIES FOR BUSINESSES THAT ESTABLISH COMPLIANCE WITH THE BUSINESS LICENSE REQUIREMENTS OF THE MUNICIPAL CODE. AYES: Councilmembers: Heller, McCullough & Mayor Phillips NOES: None ABSENT: Councilmember Connolly Vice -Mayor Levine b. Street Resurfacing: (PW) 1) Citywide Street Resurfacing 2012 Curb Ramp Project Update - File 4-1-636 Street Resurfacing Update Nancy Mackle, City Manager, introduced the item. Nader Mansourian, Public Works Director, presented the staff report. Leslie Blomquist, Associate Civil Engineer Councilmember Heller / Leslie Blomquist Nader Mansourian Councilmember McCullough / Leslie Blomquist Councilmember McCullough / Leslie Blomquist Nader Mansourian Councilmember McCullough Nader Mansourian Councilmember Heller / Nader Mansourian Public Comment: Cesarino Bornia / Nader Mansourian Mayor Phillips / Chez Bornia Michael Hass / Councilmember McCullough Michael Hass Councilmember McCullough / Michael Hass Hugo Landecker Mayor Phillips / Nader Mansourian 0 Councilmember McCullough Councilmember Heller Mayor Phillips Councilmember McCullough Councilmember McCullough moved and Councilmember Heller seconded to accept the report AYES: Councilmember: Heller, McCullough & Mayor Phillips NOES: None ABSENT: Councilmember Connolly, Vice -Mayor Levine 2) Adopt Plans and Specifications for Construction of the Citywide Street Resurfacing 2012, City Project No. 11203, and Authorize the City Clerk to Call for Bids — File 4-1-636 Street Resurfacing Plans & Specs Councilmember McCullough / Nader Mansourian Councilmember McCullough Nader Mansourian Mayor Phillips / Nader Mansourian Councilmember McCullough Mayor Phillips Councilmember McCullough / Nader Mansourian Mayor Phillips Nancy Mackle Mayor Phillips Councilmember Heller Mayor Phillips Councilmember McCullough Councilmember Heller moved and Councilmember McCullough seconded to approve the staff recommendation AYES: Councilmembers: Heller, McCullough & Mayor Phillips NOES: None ABSENT: Councilmember Connolly, Vice -Mayor Levine 7 Councilmember Heller / Mayor Phillips Councilmember McCullough / Mayor Phillips CITY MANAGER'S REPORT: Nancy Mackie thanked the Public Works staff for their work on the Street Resurfacing item. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on meetinqs and conferences attended at Citv expense. 8. Councilmember Reports Councilmember Heller - League of California Cities / Marin Transit Councilmember McCullough - Ad-hoc Downtown Committee. SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency Item - Consent Calendar: None ADJOURNMENT Mayor Phillips adjourned the City Council / Successor Agency meeting in honor of Joe Garbarino, Sr., who passed away this morning, Monday, September 17, 2012. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2012 GARY O. PHILLIPS, Mayor N