HomeMy WebLinkAboutCC SA Minutes 2013-05-06
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, May 6, 2013
MINUTES
Regular Meeting
San Rafael City Council
Present: Mayor Phillips
Vice-Mayor Heller
Councilmember Colin
Councilmember Connolly
Councilmember McCullough
Nancy Mackle, City Manager
Robert Epstein, City Attorney
Esther Beirne, City Clerk
OPEN SESSION - COUNCIL CHAMBERS - at conclusion of City Council meeting
1. Mayor Phillips announced Closed Session items.
CLOSED SESSION - COUNCIL CHAMBERS - at conclusion of City Council meeting
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
b.Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a) & (d)(1)
Case Name: Pacific Bell Telephone Company v. Steiny and Company, Inc., et al.
Marin County Superior Court Case No.CIV1203102
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM
Barry Taranto addressed the City Council on the issues of Sales Tax and speed studies.
Mayor Phillips
Clayton Smith addressed the issue of the road system between San Rafael and Corte Madera.
Mayor Phillips/Clayton Smith/Mayor Phillips
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CONSENT CALENDAR:
3. Consent Calendar Items:
Councilmember Connolly moved and Councilmember McCullough seconded to approve the Consent
Calendar Items as follows:
a. Approval of Minutes of Special and Regular City Council and Successor Agency Meetings
of April 15, 2013 (CC)
Special Meeting 04 15 2013
Regular Council Meeting 04 15 2013
Minutes approved as submitted.
b. Resolution of the City Council: (CC) – File 9-4
1) Proposing a General Municipal Election, Including the San Rafael Elementary School
District and the San Rafael High School District General Election, to be held on Tuesday,
November 5 2013;
2) Requesting the Board of Supervisors to Consolidate with any other Election Conducted
on the same Date;
3) Requesting Election Services by the Registrar of Voters; and
4) Reaffirming Policy Regarding Number of Words in Candidate's Statement of Qualifications
and Providing that the Cost of Printing and Handling Statement of Qualifications shall be
Borne by the Candidate and Paid for at the time Nomination Papers are Filed (CC)
Election Consolidation
RESOLUTION NO. 13529 - RESOLUTION:1) PROPOSING A GENERAL MUNICIPAL ELECTION,
INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH
SCHOOL DISTRICT GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013; 2)
REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION
CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE REGISTRAR
OF VOTERS; 4) REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE’S
STATEMENT OF QUALIFICATIONS AND PROVIDING THAT THE COST OF PRINTING AND
HANDLING STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID
FOR AT THE TIME NOMINATION PAPERS ARE FILED
c. Report and Recommendation on Legislation Affecting San Rafael (CM) - File 116
Legislation Affecting San Rafael
Accepted Report.
d. Resolution Observing May 15, 2013 as Peace Officers' Memorial Day and May 13 - 17, 2013
as National Police Week (PD) – File 102 x 9-3-30
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National Police Week
RESOLUTION NO. 13530 - RESOLUTION OBSERVING MAY 15, 2013 AS PEACE OFFICERS’
MEMORIAL DAY AND MAY 13 - 17, 2013 AS NATIONAL POLICE WEEK
e. Accept Completion of the Parking Structure-Garage Lighting Replacement Project, City
Project No. 11205, and Authorize the City Clerk to File the Notice of Completion (PW)
File 4-1-635
Completion Parking Lighting
Approved Staff Recommendation.
AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: None
ABSENT: None
SPECIAL PRESENTATION:
4. Special Presentation:
a. Presentation of Resolution Observing Peace Officers' Memorial Day and National Police
Week to Chief of Police Diana Bishop (PD) - File
Mayor Phillips
Chief of Police Diana Bishop
Mayor Phillips
PUBLIC HEARING
5. Public Hearing:
a. Request for a Zone Change (PD 1675 to Revised PD) and Master Use Permit Amendment
for Bayview Business Park Master Plan, a Light Industrial and Office Complex Consisting
of 7 Commercial Buildings with up to 224,530 Gross Square Feet on 12.9 Acres, to
Eliminate a Trip Generation Development Standard and Reconcile Building Areas to Match
Built-Out Conditions. File No(s): ZC 12-001, UP 12-040, Address: 22-150 Pelican Way,
2505-2597 Kerner Blvd. & 85-101 Glacier Point Road (CD) – File 10-2 x 10-3 x 10-5
Councilmember McCullough recused himself due to conflict of interest in that his employer is the owner of
buildings within the business park. He left the Council Chambers.
Kraig Tambornini, Senior Planner presented the staff report.
Mayor Phillips declared the public hearing opened and there being no comment from the audience, he
closed the public hearing.
1. Adopt Resolution adopting a Negative Declaration as the CEQA Environmental Document;
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Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution.
RESOLUTION NO. 13531 - RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR BAYVIEW
BUSINESS PARK MASTER PLAN AMENDMENT LOCATED AT 22-150 PELICAN WAY, 2505-2597
KERNER BOULEVARD AND 85-101 GLACIER WAY APN 009-291-15, 16, 22, 23, 38, 39, 42, 54, 55, 56,
57, 69 & 70
AYES: Councilmembers: Colin, Connolly, Heller & Mayor Phillips
NOES: None
ABSENT: Councilmember McCullough
2. Pass Ordinance to print
The title of the ordinance was read:
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY
FROM PLANNED DEVELOPMENT DISTRICT (PD1675) TO REVISED PD DISTRICT (ZC12-
001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 – ZONING, SPECIFICALLY
AMENDING CERTAIN REAL PROPERTY FROM PD1675 TO REVISED PD AMENDING THE
TEXT OF THE BAYVIEW BUSINESS PARK MASTER PLAN 22-150 PELICAN WAY, 2505-2597
KERNER BOULEVARD AND 85-101 GLACIER WAY (APN 009-291-15, 16, 22, 23, 38, 39, 42,
54, 55, 56, 57, 69 & 70 ZC12-001)
Councilmember Heller moved and Councilmember Connolly seconded to dispense with the reading of the
ordinance in its entirety and pass Charter Ordinance No. 1910 to print by the following vote, to wit:
AYES: Councilmembers: Colin, Connolly, Heller & Mayor Phillips
NOES: None
ABSENT: Councilmember McCullough
3. Adopt Resolution to approve an amended Master Use Permit
Councilmember Colin moved and Councilmember Connolly seconded to adopt the Resolution.
RESOLUTION NO. 13532 – RESOLUTION APPROVING A MASTER USE PERMIT AMENDMENT FOR
BAYVIEW BUSINESS PARK LOCATED AT 22-150 PELICAN WAY, 2505-2597 KERNER BOULEVARD
AND 85-101 GLACIER WAY APN 009-291-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70
AYES: Councilmembers: Colin, Connolly, Heller & Mayor Phillips
NOES: None
ABSENT: Councilmember McCullough
Zone Change Bayview Bus Park
Councilmember McCullough returned to the Council Chambers.
OTHER AGENDA ITEMS:
6. Other Agenda Item:
a. Report and Recommendation to Accept Public Testimony on City Council's Intention to
Amend the Existing Downtown Parking and Business Improvement Area and Levy an
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Assessment (ED) – File 224 x 183
BID Assessment
Stephanie Lovette, Economic Development Manager, presented the staff report.
Andre Cisneros, Business Improvement District Board Member, gave a PowerPoint presentation.
Councilmember McCullough
Andre Cisneros
Councilmember Heller
Andre Cisneros
Stephanie Lovette
Mayor Phillips invited public comment:
Jack Crystal
Michelle Belfor-Kralovac
Mayor Phillips
Sandy Greenblat, President, Artworks Downtown
Ann Brooks, Studio Artist, Artworks Downtown
Clayton Smith
Robert Albritton, Owner, Starbase Arcade
Mayor Phillips
Blase Bova, Executive Director, St. Vincent de Paul Society
Hayes Walsh, Owner, BackyardBOOGIE
Scott Adams
Michael Lamorte, Owner, Napoli Pizza
Joel Eis, Owner, Rebound Bookstore
Barry Taranto
Andre Cisneros, Owner, Gamescape
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Adam Violante, Business Owner in West End
David Coury, Business Owner and Landlord
Jonathan Frieman
Bob Berry, Landlord
Stan Gibbs, President, Business Improvement District
There being no further comment from the audience, Mayor Phillips invited Council discussion:
Councilmember McCullough
Stephanie Lovette
Councilmember McCullough
Stephanie Lovette
Councilmember McCullough
Stephanie Lovette
Councilmember McCullough
Stephanie Lovette
Councilmember Heller
Stephanie Lovette
Councilmember Heller
Stephanie Lovette/Councilmember Heller
Councilmember Connolly
Stephanie Lovette
Carol Thompson, Director of the Business Improvement District
Councilmember Colin
Carol Thompson/Councilmember Colin
Stephanie Lovette
Councilmember Colin/Stephanie Lovette
Councilmember Colin
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Carol Thompson/Councilmember Colin/Carol Thompson
Nancy Mackle, City Manager
Mayor Phillips/Carol Thompson
Mayor Phillips
Carol Thompson
Mayor Phillips
Councilmember McCullough
Councilmember Heller
Councilmember Connolly
Councilmember Colin
Mayor Phillips
Councilmember Heller moved and Councilmember Connolly seconded to approve staff recommendation
to accept public testimony.
AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: None
ABSENT: None
Meeting was recessed for 15 minutes.
Meeting was resumed.
b. Report on Plan Bay Area and Draft Environmental Impact Report (CD) – File 281
Plan Bay Area and Draft EIR
Paul Jensen, Community Development Director, presented the staff report.
Councilmember Connolly
Paul Jensen
Councilmember Connolly
Paul Jensen
Mayor Phillips / Councilmember Connolly / Paul Jensen
Paul Jensen
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Mayor Phillips
Diane Steinhauser, Transportation Authority of Marin
Councilmember Connolly
Mayor Phillips
Mayor Phillips invited public comment:
Bob Childers
Craig Yates
David Coury
Leann Bernick
Barry Taranto
Mayor Phillips
Nona Dennis
Clayton Smith
Jim Bitter
Bill Carney, Sustainable San Rafael
There being no further comment from the audience, Mayor Phillips invited Council discussion:
Councilmember Colin
Paul Jensen
Councilmember Colin
Mayor Phillips
Councilmember Connolly
Councilmember Heller
Diane Steinhauser
Councilmember Heller
Diane Steinhauser
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Councilmember Heller
Paul Jensen
Councilmember Heller
Paul Jensen
Councilmember Heller
Paul Jensen
Councilmember Heller
Diane Steinhauser / Councilmember Heller
Councilmember McCullough
Paul Jensen
Councilmember McCullough
Paul Jensen
Councilmember McCullough
Mayor Phillips
Paul Jensen
Mayor Phillips
Paul Jensen
Mayor Phillips
Councilmember Connolly
Mayor Phillips
Diane Steinhauser
Councilmember Heller
Mayor Phillips
Councilmember Connolly
Councilmember Colin
Mayor Phillips
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Paul Jensen
Mayor Phillips
Paul Jensen
Councilmember Heller moved and Councilmember McCullough seconded to direct staff to prepare
comments on the draft plan and draft EIR
AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: None
ABSENT: None
CITY MANAGER'S REPORT:
7. City Manager's Report
Nancy Mackle, City Manager
Ms. Mackle thanked Mr. Jensen for the report. She noted the following events:
Master Gardeners at Falkirk Greenhouse Celebration on Thursday, May 9, 2013 at 5:30 p.m.;
Farmers' Market on Thursday evenings; and
May Madness Car Parade on Saturday, May 11, 2013
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234
Reports on conferences and meetings attended at City expense.
8. Councilmember Reports
Councilmember Heller
Rob Epstein, City Attorney
Councilmember Heller
SAN RAFAEL SUCCESSOR AGENCY
9. Successor Agency - Consent Calendar - None
ADJOURNMENT: 11:25 PM to Closed Session.
_________________________________
ESTHER C. BEIRNE, City Clerk
APPROVED THIS_____DAY____OF_______, 2013
_____________________________________
GARY O. PHILLIPS, Mayor
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