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HomeMy WebLinkAboutCC SA Minutes 2015-05-04IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, May 4, 2015 M5lur.n t1�+M i. Regular Meeting San Rafael City Council MINUTES Present: Mayor Phillips Vice -Mayor McCullough Councilmember Bushey Councilmember Colin Councilmember Gamblin Absent: None Also Present: City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 5:00 PM 1. Mayor Phillips announced Closed Session item. CLOSED SESSION- CITY MANAGER'S CONFERENCE ROOM - 5:00 PM 2. Closed Session: a. Conference with Labor Negotiators- Government Code Section 54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Lisa Goldfien Employee Organization - SEW City Attorney Robert Epstein announced that no reportable action was taken. OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM Jonathan Frieman addressed Council regarding trafficking Amy Likover addressed Council regarding the San Rafael Depot Bob Stephens, Citizens for Sustainable Pensions Plan, addressed Council regarding the Grand Jury Report Mark Friedlander, Citizens for Sustainable Pensions Plan, emphasized that openness in communications was very important to interject into normal negotiations. 1 Fritzi Schnel referred to a letter submitted to the Marin Independent Journal and urged the use of correct massage terminology Rhonda Kutter, Massage Ordinance Advisory Committee, urged the City Council to consider removing the moratorium on massage establishments. She expressed thanks for the reopening of Boyd Park. CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember McCullough moved and Councilmember Bushey seconded to approve Consent Calendar Items: a. Approval of Minutes of City Council /Successor Agency Meeting of April 20, 2015 (CC) Minutes April 20, 2015 APPROVED AS SUBMITTED b. Call for Applications to Fill One Three -Year Term on the Marin County Commission on Aging, Due to Expiration of Term of Salamah Locks, with Term to Expire End of June, 2018 (CC) — File 199 Call for Apps - Commission on Aging APPROVED STAFF RECOMMENDATION C. Resolution Supporting National Bike to Work Month, May 2015 (CM) — File 102 RESOLUTION 13914 - RESOLUTION SUPPORTING NATIONAL BIKE TO WORK MONTH, MAY 2015 d. Resolution of Appreciation to all Small Businesses in San Rafael and Designation of May 4 - 8, 2015 as Small Business Week (ED) — File 102 Appreciation Small Businesses RESOLUTION 13915 - RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN RAFAEL AND DESIGNATION OF MAY 4-8, 2015 AS SMALL BUSINESS WEEK e. Accept Investment Report for the Quarter Ending March 31, 2015 (Fin) — File 8-18 x 8-9 CC Quarterly Investment Report ACCEPTED REPORT Resolution Authorizing the City Manager to Execute Agreements to Allow the San Rafael Fire Department to Participate in an Intergovernmental Transfer with the California Department of Health Care Services (DHCS) in order to Increase the Department's Reimbursement for EMS Ambulance Transport Services Provided to County Health Plan (Partnership Health Plan) Members for Fiscal Year 2013-2014 (FD) — File 9-3-31 Increase EMS Ambulance Transport Services RESOLUTION 13916 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO ALLOW THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN INTERGOVERNMENTAL TRANSFER WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (DHCS) IN ORDER TO INCREASE THE DEPARTMENT'S REIMBURSEMENT FOR EMS AMBULANCE TRANSPORT SERVICES PROVIDED TO COUNTY HEALTH PLAN (PARTNERSHIP HEALTH PLAN) MEMBERS FOR FY 2013-2014 g. Resolution Supporting National Police Week 2015 (PD) — File 102 x 9-3-30 RESOLUTION 13917 - RESOLUTION SUPPORTING NATIONAL POLICE WEEK 2015 h. Report on Bid Opening and Resolution Awarding a Contract for the San Rafael Avenue Curb Ramps, City Project No. 11250, to Ghilotti Construction Company in the Amount of $157,314.00 (PW) — File 4-1-666 Award Bid San Rafael Ave Curb Ramps RESOLUTION 13918 - RESOLUTION AWARDING A CONTRACT FOR THE SAN RAFAEL AVENUE CURB RAMPS PROJECT, CITY PROJECT NO. 11250, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $157,314.00 Resolution Authorizing the Acting Public Works Director to Amend a Funding Agreement with the Sonoma -Marin Area Rail Transit District to Perform Construction Work Associated with Various Roadway Infrastructure Improvements in an Amount Not to Exceed $300,000, Increasing the Total Not to Exceed Amount Under the Agreement to $450,000 (PW) — File 245 Amend SMART Funding Agr. RESOLUTION 13919 - RESOLUTION AUTHORIZING THE ACTING PUBLIC WORKS DIRECTOR TO AMEND A FUNDING AGREEMENT WITH THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT TO PERFORM CONSTRUCTION WORK ASSOCIATED WITH VARIOUS ROADWAY INFRASTRUCTURE IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $300,000, INCREASING THE TOTAL NOT TO EXCEED AMOUNT UNDER THE AGREEMENT TO $450,000 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None SPECIAL PRESENTATIONS: 4. Special Presentations: a. Presentation of Resolution of Appreciation to Support Bike to Work Month (CM) Mayor Phillips presented the Resolution of Appreciation for National Bike to Work Month to DJ Allison, Bicycle & Pedestrian Advisory Committee b. Presentation of Resolution of Appreciation for Small Business Week (ED) Mayor Phillips Joanne Webster, Chamber of Commerce Mayor Phillips presented the Resolution of Appreciation for Small Businesses to the Business Improvement District and San Rafael Chamber of Commerce Joanne Webster C. Presentation of Resolution of Appreciation for National Police Week 2015 (PD) Mayor Phillips presented the Resolution of Appreciation for National Police Week to the San Rafael Police Department Chief of Police Diana Bishop PUBLIC HEARINGS 5. Public Hearings: a. Consideration to Adopt an Ordinance to Establish a Tax Rate for Fiscal Year 2015-2016 for Paramedic Services for Both Residential and Non -Residential Properties in the City of San Rafael, CSA 13, CSA 19 and Marinwood CSD as Provided for in the Voter Approved Paramedic Services Special Tax (Fin) — File 9-12-1 x 9-3-31 Paramedic Tax Mark Moses, Finance Director, presented the staff report Mayor Phillips declared public hearing opened There being no comment from the audience, Mayor Phillips closed the public hearing The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2015-2016, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1911 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES), AND FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES) Councilmember Colin 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. 1930 to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. 39 Trellis Drive (Mark Day School) 11 Request to Amend Planned Development (PD -1760) District, Amend Master Use Permit and Approve an Environmental and Design Review Permit to Permit the Demolition of an Existing 3,935 square -foot Administration Building and Construct new 11,270 square -foot, Administration/Library Building for Mark Day School; APN: 175-060-01; Ted Lieser for Equity Community Builders, LLC Applicant; Joe Harvey for Mark Day School, Lessor; Dixie School District, Property Owner (CD) — File 10-2 x 10-3 Mark Day School Councilmember Colin announced she would not participate in this item due to a potential conflict of interest; she therefore, recused herself and left the Council Chambers Councilmember McCullough read a statement explaining that having consulted with the City attorney on this item, he was confident he did not have a disqualifying conflict of interest under the Political Reform Act. Paul Jensen, Community Development Director, commented on the project and introduced Steve Stafford, Associate Planner Steve Stafford, Associate Planner, presented the staff report Mayor Phillips declared public hearing opened Joe Harvey, Head of Mark Day School Scott Shell, Principal at EHDD Architecture, presented the design Kathryn Gutierrez, Mark Day School student Hunter Holsebus, Mark Day School student Ramona Dewayne, Mark Day School student Ben Blum, Mark Day School graduate Mayor Phillips Kysa, Mark Day School student Betty Jordan, former Vallecito School Principal Beth Silver Tracey Katon, Mark Day School teacher Laura Slanec Dara Thompson Bonnie Nishihara, Assistant Head for Educational Design & Innovation at Mark Day School Ray Lorber, North San Rafael Coalition of Residents Matt Foley Phil Gutierrez Ruel Brady, President of Terra Linda Homeowners Association Mayor Phillips Sally Matsushi, Executive Director of Next Generation Scholars Ashley Ransom Carly Garcia Aprina Budrasia Bill Carney, Sustainable San Rafael Carolyn Lenert, Terra Linda Cares Tamala Phish Jonathan Owen Stephanie Lusich Bill Martin, Mark Day School parent Pat Long Lynn Yamoto, Mark Day School parent Wendy Levine Andrew Callahara, Mark Day School parent Vijay Chata, Mark Day School parent Diane Allen Alexander Norman There being no further comment from the audience, Mayor Phillips closed the public hearing Mayor Phillips Mayor Phillips Councilmember Gamblin / Scott Shell IXI Councilmember Gamblin / Joe Harvey Scott Shell Councilmember Gamblin / Scott Shell Councilmember Bushey / Scott Shell Councilmember Bushey / Scott Shell Councilmember McCullough / Steve Stafford Councilmember McCullough / Steve Stafford Councilmember McCullough / Joe Harvey Councilmember McCullough / Joe Harvey Councilmember McCullough / Joe Harvey Mayor Phillips Mayor Phillips / Paul Jensen Mayor Phillips / Scott Shell Mayor Phillips / Joe Harvey Mayor Phillips Councilmember McCullough Councilmember McCullough / Joe Harvey Councilmember McCullough Joe Harvey Councilmember Gamblin / Joe Harvey Councilmember Gamblin / Joe Harvey Nancy Mackle, City Manager Councilmember Gamblin / Scott Shell Mayor Phillips / Joe Harvey Mayor Phillips Mayor Phillips / Joe Harvey 7 Councilmember Bushey / Mayor Phillips Mayor Phillips / Joe Harvey Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Mayor Phillips Councilmember McCullough Mayor Phillips Councilmember McCullough Councilmember Bushey Councilmember Gamblin Mayor Phillips Councilmember McCullough - accept staff's recommendation to adopt the resolution subject to the conditions previously discussed: 1) The school's commitment to raising the sill height on the south end of the building by a foot, in deference to the neighbors at 47 Trellis; 2) The school's promise to install a crossing -guard, at least during construction hours; however, also to look into having a crossing -guard in place during regular school hours going forward, and its commitment, as a condition of approval to achieve a 20% reduction over the 2000 baseline, in its trip count during the AM period, and to meet with staff in an attempt to achieve a further reduction of 5%, as previously promised. Paul Jensen Councilmember McCullough Paul Jensen Councilmember McCullough / Paul Jensen The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD 1760) DISTRICT TO A REVISED PLANNED DEVELOPMENT (PD -1931) DISTRICT TO ALLOW THE REPLACEMENT OF AN EXISTING SINGLE - STORY ADMINISTRATION BUILDING WITH A NEW, TWO-STORY ADMINISTRATION/LIBRARY BUILDING AND MINOR SITE IMPROVEMENTS ON THE MARK DAY SCHOOL (FORMERLY ST. MARK'S SCHOOL) CAMPUS LOCATED AT 39 TRELLIS DR. (ZC14-001) Councilmember McCullough moved and Councilmember Bushey seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1931 to print by the following vote, to wit: 0 AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin Councilmember McCullough Paul Jensen Councilmember McCullough clarified the percentage breakdown for AM peak hour trip reduction Paul Jensen addressed the condition of crossing guards Steve Stafford Paul Jensen Councilmember McCullough clarified his proposal regarding crossing guards Councilmember Gamblin / Joe Harvey Paul Jensen addressed the condition of the raised windowsill height Mayor Phillips Councilmember McCullough / Paul Jensen / Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution subject to the conditions previously discussed: 1) The school's commitment to raising the sill height on the south end of the building by a foot, in deference to the neighbors at 47 Trellis; 2) The school's promise to install a crossing -guard, at least during construction hours; however, also to look into having a crossing -guard in place during regular school hours going forward; 3) Commitment, as a condition of approval, to achieve a 20% reduction over the 2000 baseline, in its trip count during the AM period, and to meet with staff in an attempt to achieve a further reduction of 5%, as previously promised, by May 2017. RESOLUTION 13920 - RESOLUTION APPROVING AN AMENDMENT TO THE MASTER USE PERMIT (UP14-027) AND CONDITIONAL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED14-086) TO ALLOW THE DEMOLITION OF AN EXISTING 3,935 SQ. FT., SINGLE -STORY ADMINISTRATION BUILDING AND THE CONSTRUCTION OF A NEW 11,270 SQ. FT., MULTI -STORY ADMINISTRATION/LIBRARY BUILDING AND ASSOCIATED PARKING, LANDSCAPING AND FENCING SITE IMPROVEMENTS ON THE MARK DAY SCHOOL (FORMERLY ST. MARK'S SCHOOL) CAMPUS, LOCATED AT 39 TRELLIS DRIVE (APN: 175-060-01) AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Report and Recommendation Regarding Marin County Council of Mayors and Councilmembers (MCCMC) Homelessness Subcommittee Proposal for Funding a Community Homeless Fund (CC) — File 9-2-67 Community Homeless Fund Attachment A Councilmember Colin returned to the Council Chambers at 9:56 p.m. Nancy Mackle introduced Councilmember Colin Councilmember Colin presented the staff report Nancy Mackle presented the fiscal implications of the staff report Councilmember Gamblin Councilmember McCullough Mayor Phillips invited public comment Pat Langley San Rafael resident and business owner in San Rafael Patty Burke John Reynolds Betty Cray Mayor Phillips closed public comment period. Councilmember Bushey Mayor Phillips Councilmember Bushey Councilmember Bushey moved and Councilmember Colin seconded to accept report Accepted Report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Boards and Commissions Annual Reports: Councilmember Gamblin 10 Nancy Mackle 1) Annual Update Presentation from the Americans with Disabilities Access Advisory Committee (PW) — 9-2-56 ADA Update Ewen McKechnie, Americans with Disabilities Access Advisory Committee Chair, provided Council with an update Mayor Phillips Councilmember Gamblin 2) Annual Update Presentation from the Citizens Advisory Committee on Economic Development and Affordable Housing (ED) — File 9-2-65 CAC Update Councilmember Gamblin introduced Bill Carney Bill Carney, Citizens Advisory Committee on Economic Development & Affordable Housing Chair, provided the Council with an update Councilmember Colin Mayor Phillips Councilmember McCullough Councilmember Gamblin moved and Councilmember Colin seconded to accept report from Boards and Commissions Accepted Reports AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None C. Review of the Preliminary City Operating Budget for Fiscal Year 2015-2016 (Fin) — File 8-5 Preliminary City Operating Budget Nancy Mackle Mark Moses, Finance Director, presented the staff report Nancy Mackle Mark Moses 11 Nancy Mackle Mark Moses Mayor Phillips / Mark Moses Mayor Phillips / Mark Moses Mark Moses Nancy Mackle Mark Moses Mayor Phillips Councilmember McCullough / Mark Moses Mayor Phillips Mayor Phillips invited public comment Stacey DeGooyer, Massage Ordinance Advisory Committee Mayor Phillips closed public comment Mayor Philips / Mark Moses Jim Schutz, Assistant City Manager Mark Moses Mayor Phillips / Mark Moses Mayor Phillips Nancy Mackle Councilmember Gamblin / Mark Moses Councilmember Gamblin / Mark Moses Councilmember Colin Councilmember Colin Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to accept report 12 Accepted Report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 7. City Manager's Report None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 8. Councilmember Reports Councilmember Colin will be attending the Marin County Board of Supervisors meeting on May 5, 2015 to accept the Green Award on behalf of the City Councilmember Gamblin stated that he would be attending the dedication of an art piece, to be held at the Plaza on May 5, 2015 at 11:15 a.m., and he attended his first May Madness Car Parade on Saturday, May 2, 2015 Mayor Phillips announced the Swearing in Ceremony of a new Police Officer to take place on May 5, 2015 at 1:OOpm SAN RAFAEL SUCCESSOR AGENCY 9. Consent Calendar: Member Bushey moved and Member McCullough seconded to approve Consent Calendar: a. Accept Investment Report for San Rafael Successor Agency for the Quarter Ending March 31, 2015 (Fin) — File SA Financial Reports SA Quarterly Investment Report Accepted Report AYES: Members: Bushey, Colin, Gamblin, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: None ADJOURNMENT: 11:18pm ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2015 GARY O. PHILLIPS, Mayor 13