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Home My WebLink AboutCC SA Minutes 2014-09-02IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Tuesday, September 2, 2014 Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Vice -Mayor Connolly Councilmember Bushey Councilmember Colin Councilmember McCullough Nancy Mackie, City Manager Robert Epstein, City Attorney Esther Beirne, City Clerk OPEN SESSION - COUNCIL CHAMBERS: 1. None CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM: 2. Closed Session: None OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM John Ortega spoke on immigration Victoria Dewitt spoke on sewer re-routing project in West End, San Rafael Mayor Phillips CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember Connolly moved and Councilmember Colin seconded to approve Consent Calendar Items: a. Approval of Minutes of Regular City Council / Successor Agency Meeting of August 18, 2014 (CC) Minutes August 18, 2014 Approved as submitted 1 b. Resolution Repealing Resolution No. 13402, Re -adopting the FPPC Model Conflict of Interest Code as the City's Conflict of Interest Code, and Adopting a Revised List of Designated Employee Positions and Disclosure Categories, to Be Incorporated into the City's Conflict of Interest Code (CA) — File 9-4-3 Re-adootina FPPC Model RESOLUTION NO. 13794 - RESOLUTION REPEALING RESOLUTION NO. 13402, RE -ADOPTING THE FPPC MODEL CONFLICT OF INTEREST CODE AS THE CITY'S CONFLICT OF INTEREST CODE, AND ADOPTING A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY'S CONFLICT OF INTEREST CODE C. Call for Applications to Fill Four, Two -Year Terms on the ADA Access Advisory Committee, Due to Expiration of Terms of Fredric Divine, Gladys Gilliland, Eric Holm and Rob Simon (CC) — File 9-2-56 ADA Call for Applications Approved Staff Recommendation d. Resolution Authorizing a Temporary Street Closure for the Annual Parade of Lights and Winter Wonderland on A Street from Third Street to Fifth Avenue and Fourth Street from Lootens Place to B Street on November 28 and 29, 2014 (ED) — File 11-19 Parade of Lights RESOLUTION NO. 13795 - RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE FOR THE ANNUAL PARADE OF LIGHTS AND WINTER WONDERLAND ON A STREET FROM THIRD STREET TO FIFTH AVENUE AND FOURTH STREET FROM LOOTENS PLACE TO B STREET ON NOVEMBER 28 AND 29, 2014 e. Resolution Authorizing a Temporary Street Closure for the Goodwill - Ritter Center Donation Drive Partnership; Give N' Clothe, on Ritter Street from Lincoln Avenue to Third Street on Saturday, September 20, 2014 from 8:00 a.m. - 6:00 p.m. (ED) — File 11-19 Goodwill Ritter Street Closure RESOLUTION NO. 13796 - RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE FOR THE GOODWILL - RITTER CENTER DONATION DRIVE PARTNERSHIP: GIVE N' CLOTHE, ON RITTER STREET FROM LINCOLN AVENUE TO THIRD STREET ON SATURDAY, SEPTEMBER 20, 2014 FROM 8 A.M. TO 6 P.M. Update on the San Rafael Downtown Business Improvement District (ED) — File 224 Business Improvement District Accepted Report g. Resolutions of Appreciation to Volunteers of Special Merit: Carol Brandt, Sandra Sellinger, Laurie Sheldon and Tamra Peters (MS) — File 102 2 reciation to Volunteers RESOLUTION NO. 13797 - RESOLUTION OF APPRECIATION FOR CAROL BRANDT RESOLUTION NO. 13798 - RESOLUTION OF APPRECIATION FOR SANDRA SELLINGER RESOLUTION NO. 13799 - RESOLUTION OF APPRECIATION FOR LAURIE SHELDON RESOLUTION NO. 13800 - RESOLUTION OF APPRECIATION FOR TAMRA PETERS h. Resolution Authorizing the Director of Public Works to Approve the Purchase of an International Durastar Truck Via State of California Contract and to Waive Competitive Bidding to Purchase an Asphalt Hot Box from Nixon -Egli Equipment Co., in a Combined Amount Not to Exceed $200,662.73 (PW) — File 4-2-359 x 9-3-40.1 r)urastar Truck RESOLUTION NO. 13801 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE THE PURCHASE OF AN INTERNATIONAL DURASTAR TRUCK VIA STATE OF CALIFORNIA CONTRACT AND TO WAIVE COMPETITIVE BIDDING TO PURCHASE AN ASPHALT HOT BOX FROM NIXON-EGLI EQUIPMENT CO., IN A COMBINED AMOUNT NOT TO EXCEED $200,662.73 Resolution Awarding a Contract for Street Resurfacing 2013 - 2014 Project, City Project No. 11220, to Argonaut Constructors in the Amount of $874,750.00 (PW) — File 4-1-656 Street Resurfacina 2013-2014 RESOLUTION NO. 13802 - RESOLUTION AWARDING A CONTRACT FOR THE STREET RESURFACING 2013 - 2014 PROJECT, CITY PROJECT NO. 11220, TO ARGONAUT CONSTRUCTORS IN THE AMOUNT OF $874,750.00 AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATIONS: 4. Special Presentations (MS) a. Informational Report on City of San Rafael Volunteer Program — File 102 Volunteer Program Report Carla Koop, Volunteer Program Coordinator, presented the Staff Report Councilmember Colin Carla Koop Councilmember Colin Carla Koop Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to Accept report AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Presentation of Resolutions of Appreciation to Volunteers Carol Brandt, Sandra Sellinger, Laurie Sheldon and Tamra Peters Mayor Phillips Laurie Sheldon Jeff Mayor Phillips Carol Brandt Mayor Phillips Tamra Peters Mayor Phillips Sandra Sellinger Mayor Phillips PUBLIC HEARINGS 5. Public Hearings: a. Consideration of Ordinance Amendina San Rafael Municipal Code. Title 14 (Zonin Chapters 14.04 and 14.05 (Land Use Regulations) and Chapter 14.17 (Performance Standards) to Amend Permit and Performance Standard Requirements for Large Family Day Care Homes for Children Located in Residential and Residential/Office Districts; File No. Z011-001 (CD) — File 10-3 x 10-5 Large Family Day Care Paul Jensen, Community Development Director, presented the staff report Mayor Phillips Councilmember Colin Paul Jensen 4 Councilmember McCullo Mayor Phillips Councilmember Colin Paul Jensen Councilmember Colin Councilmember Bushey Paul Jensen Councilmember Bushey Paul Jensen Councilmember Bushey / Paul Jensen Councilmember McCullough Paul Jensen Councilmember Connolly Paul Jensen MaVor Phillips Paul Jensen Mayor Phillips Paul Jensen Mayor Phillips declared Public Hearing opened Laurie Furstenfeld, Child Care Law Center Mayor Phillips Ana Andrade, The Wolf Pack Family Child Care Mayor Phillips Councilmember McCullough 5 Ana Andrade Mayor Phillips Ana Andrade Reiane Hurst, Luccabambucca Child Care There being no further comment from the public, Mayor Phillips declared Public Hearing closed Mayor Phillips re -opened Public Hearing Carina Paula There being no further comment from the public, Mayor Phillips declared Public Hearing closed Councilmember Connolly Paul Jensen Councilmember Connolly Paul Jensen MaVor Phillips Councilmember McCullough Councilmember Bushey Councilmember Colin Councilmember Connolly Mayor Phillips Councilmember Bushey Councilmember McCullough Mayor Phillips Councilmember McCullough Paul Jensen Councilmember McCullough Paul Jensen C1 Councilmember Bushe Mavor Phillips The title of the Ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 (ZONING), CHAPTERS 14.04 AND 14.05 (LAND USE REGULATIONS), AND CHAPTER 14.17 (PERFORMANCE STANDARDS) TO AMEND PERMIT AND PERFORMANCE STANDARD REQUIREMENTS FOR LARGE FAMILY DAY CARE HOMES FOR CHILDREN LOCATED IN RESIDENTIAL AND RESIDENTIAL/OFFICE DISTRICTS (ZO14-001) Councilmember Bushey 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. 1924 to Print as amended — "Option 2, as amended by the two italicized sections in the letter from the Child Care Law Center which modifies Section 14.17.040 C.2. Notice of Decision, to add the words and public hearing requirement, as well as 14.17.040 D.S. to add the words to inspect for compliance with state fire standards" AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Consideration of Ordinance Approving a Lease of Real Property Located in the City of San Rafael, County of Marin, State of California, Being a Portion of Assessor's Parcel No. 014- 152-27 and Commonly Known as "Beach Park", to Terrapin Crossroads, LLP (CS) — File 2-10 Terrapin Crossroads Carlene McCart, Community Services Director, presented the staff report Mayor Phillips Councilmember McCullough Carlene McCart Councilmember McCullough Nancy Mackle, City Manager Robert Epstein, City Attorney Councilmember Bushev / Carlene McCart Councilmember Bushey / Carlene McCart Councilmember Bushey Nancy Mackle Councilmember Colin 7 Councilmember Colin Carlene McCart Councilmember Colin Carlene McCart Mayor Phillips Carlene McCart Mayor Phillips Carlene McCart Mayor Phillips Mayor Phillips / Carlene McCart Mayor Phillips / Carlene McCart Mayor Phillips Robert Epstein Mayor Phillips Robert Epstein Mayor Phillips / Robert Epstein Mayor Phillips Mayor Phillips declared Public Hearing opened Phil Lesh, Terrapin Crossroads Tara Patton, Terrapin Crossroads Manor Phillips Amy Likover spoke on behalf of the Federation of San Rafael Neighborhoods Amy Likover Hugo Landecker m Ralph Mihan Thomas Culliver Patty Bassette Tara Patton Tara Patton answered question from audience regarding dog events. Mayor Phillips Tara Patton Mayor Phillips Carlene McCart Mayor Phillips Carlene McCart Mayor Phillips Tara Patton MaVor Phillips Nancy Mackle MaVor Phillips Carlene McCart Jonathan Frieman Bill Carney There being further comment from the public, Mayor Phillips declared the Public Hearing closed Councilmember Connolly Tara Patton Councilmember McCullough Councilmember Colin Councilmember Bushey m Mayor Phillips Councilmember Connolly Mayor Phillips Carlene McCart reviewed amendments to Lease Agreement: 7 year review to check for strategy compliance with the Canalways Plan; Review of amenities; Annual event should be a public process that can be done through the Parks & Recreation Commission; Clarity on the wording for the rent credit portion of the agreement- that $100,000 or the value of the amenities needs to be memorialized in agreement; Sole discretion of the City as it relates to the options going forward - wording change would be preferred; Terms of access — the terms are okay, however, staff to propose clearer language for an alternative way to access the dock; Attach exhibits; No need to make a purchase in the restaurant to obtain access. Mayor Phillips Carlene McCart Nancy Mackle Councilmember Connolly Nancy Mackle Mayor Phillips Tara Patton Carlene McCart Tara Patton Nancy Mackle Mayor Phillips Tara Patton Mayor Phillips Robert Epstein Mayor Phillips Robert Epstein Mayor Phillips Robert Epstein suggested a modification that the lease would satisfy all permit requirements set forth in section 8.10 for all activities contemplated by the lease 10 Mayor Phillips The title of the Ordinance was read: AN ORDINANCE APPROVING A LEASE OF REAL PROPERTY LOCATED IN THE CITY OF SAN RAFAEL, BEING A PORTION OF ASSESSOR'S PARCEL NO. 014-152-27 AND COMMONLY KNOWN AS "BEACH PARK", TO TERRAPIN CROSSROADS, LLP Councilmember McCullough 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. 1925 to Print subject to lease clarifications and/or modifications discussed and summarized by Carlene McCart and subject to the City Attorney's request that the lease incorporate provisions that satisfy permit requirements set forth in the Municipal Code. AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Review of SMART (Sonoma Marin Area Rail Transit) 65% Plans (CM) — File 245 SMART Nancy Mackle, City Manager, presented the Staff Report Councilmember Bushey Councilmember Connolly Councilmember Bushey Councilmember Connolly Mayor Phillips Councilmember Colin Nancy Mackle Councilmember Colin Mayor Phillips Councilmember Colin Mayor Phillips Nancy Mackle 11 Mayor Phillips Nancy Mackle Councilmember Colin Nancy Mackle Councilmember McCullough Nancy Mackle Mayor Phillips Councilmember Colin Nancy Mackle Mayor Phillips declared Public Comment opened Gerald Belletto Amy Likeover Mayor Phillips Amy Likeover Mayor Phillips / Amy Likeover Hugo Landecker Gregory Andrew Jeanne Suveringhouse Mayor Phillips Mayor Phillips / Nancy Mackle Councilmember McCullough Nancy Mackle Kevin McGowan Mayor Phillips Councilmember Connolly Mayor Phillips 12 Kevin McGowan Mayor Phillips Mayor Phillips / Nancy Mackle Councilmember McCullough moved and Councilmember Connolly seconded to Approve Staff Recommendation AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 7. City Manager's Report Nancy Mackle announced two quiet zone meetings on 9/18/14 at City Hall Council Chambers & 9/29/14 at Terra Linda Community Center. Both meetings begin at 7:OOpm. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetings and Conferences Attended at City Expense) 8. Councilmember Reports Mayor Phillips reported that the recent Quiet Zone meeting was well attended Councilmember Bushey SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency - Consent Calendar None None ADJOURNMENT: 10:45 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12014 GARY O. PHILLIPS, Mayor 13