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Home My WebLink AboutCC Minutes 2012-04-16IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, April 16, 2012 M"" C 11? .F,I. . MINUTES Regular Meeting San Rafael City Council resent: Mayor Phillips Vice -Mayor Levine Councilmember Connolly Councilmember Heller Councilmember McCullough OPEN SESSION - COUNCIL CHAMBERS - 5:00 PM Also Present: City Manager Nancy Mackie City Attorney Robert Epstein City Clerk Esther Beirne Asst. City Attorney Lisa Goldfien Mayor Phillips announced Closed Session items. CLOSED SESSION - CONFERENCE ROOM 201 - 5:00 PM 2. Closed Session: a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: City of San Rafael v. Marion Hill, Trustee, et al. Marin County Superior Court Case # CIV 1001364 b) Conference with Labor Negotiators- Government Code Section 54957.6(a) Negotiators: Nancy Mackie, Jim Schutz, Anil Camelo, Robert Epstein Employee Organization(s): San Rafael Fire Chief Officers' Assn. Western Council of Engineers San Rafael Firefighters' Assn. Local 1 - Confidential San Rafael Police Mid -Management Assn. SEW Miscellaneous & Supervisory San Rafael Police Association SEIU Child Care Unit Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM None CONSENT CALENDAR: 3. Consent Calendar Items: a. Approval of Minutes of City Council/Successor Agency Meeting of April 2, 2012 (CC) Minutes 4/2/2012 Approved as submitted. b. Report on Annual Filings 2011 - Fair Political Practices Commission Form 700, Statement of Economic Interests for Designated Employees, Including Consultants, Design Review Board, Downtown Business Improvement District Board, Geotechnical Review Board, and Park and Recreation Commission (CC) — File 9-4-3 FPPC Filings 2011 Accepted report. C. Resolution of Appreciation to Recipient of the Richard P. O'Brien and Mary Ferrario O'Brien Citizen of the Year Award (CD) — File 262 x 102 RESOLUTION NO. 13322 - RESOLUTION OF APPRECIATION TO ALBERT J. BORO, RECIPIENT OF THE RICHARD P. O'BRIEN AND MARY FERRARIO O'BRIEN CITIZEN OF THE YEAR AWARD d. Resolution Authorizing the Renaming of the Pickleweed Community Center to the "Albert J. Boro Community Center" (CM) — File 267 x 9-3-66 The following comments were submitted by Tom Wilson, Canal Alliance, for inclusion in the record: "I took a few minutes this morning to send a survey to my staff about the renaming of the community center after Al, and each person answered in a very similar way. I am sending you three that are representative of all. It was unanimous that people wanted the community center not to change its name. See below: personally think that the name is a big part of the history of the Canal and I think that changing it would take that away. I am thankful that Mr. Boro did great work and hope that there is other ways of honoring him and preserved the name plays a big role in the identity of our community. like Pickleweed Park center name for the reason that I have lived in the Canal Community for thirteen years and have grown up in that back and I saw the changes to it through out my growing up years. The community also knows this park as the Pickleweed Park because it is the only available park. I like history and keeping the historic name as it for the community. Although I truly agree that Boro has done an amazing job and he should perhaps be recognized in another way.. ...I also like the name "Pickleweed Park" specially because I grew up not knowing how to pronounce it when I first came to this country. It took me a while to learn how to pronounce it = [ and that means something to me. Pi-ki-wi-par will live on !!!! Yessss = ] My thought was to rename Medway in his honor. I actually believe that naming the building and not the park would just get buried - nobody would use it and it would just fade into the background. All this great information will cost you only a nickel and a lunch! Good luck! Tom" Pickleweed Renaming RESOLUTION NO. 13323 - RESOLUTION AUTHORIZING THE RENAMING OF THE PICKLEWEED COMMUNITY CENTER TO THE - ALBERT J. BORO COMMUNITY CENTER e. Resolution Encouraging Residents and Businesses to Participate in Earth Day Activities on April 21, 2012 (CM) — File 110 2 Earth Day 2012 RESOLUTION NO. 13324 - RESOLUTION ENCOURAGING RESIDENTS AND BUSINESSES TO PARTICIPATE IN EARTH DAY ACTIVITIES ON APRIL 21, 2012 Resolution of Appreciation to Marin County School Volunteers (CM) — File 102 Marin Co. School Volunteers RESOLUTION NO. 13325 - RESOLUTION OF APPRECIATION TO MARIN COUNTY SCHOOL VOLUNTEERS g. Monthly Investment Report for Month Ending March, 2012 (Fin) — File 8-18 x 8-9 Accepted report. h. Resolution Approving the following Personnel Actions (MS) — File 7-3 To Reclassify One Administrative Assistant III Position into the Administrative Analyst Classification in the Management Services Department; and 2. To Reinstate the Position of Assistant City Attorney and Reclassify One Deputy City Attorney II Position as the Assistant City Attorney Personnel Actions RESOLUTION NO. 13326 — RESOLUTION APPROVING THE FOLLOWING PERSONNEL ACTIONS: 1. TO RECLASSIFY ONE ADMINISTRATIVE ASSISTANT III POSITION INTO THE ADMINISTRATIVE ANALYST CLASSIFICATION IN THE MANAGEMENT SERVICES DEPARTMENT; AND 2. TO REINSTATE THE POSITION OF ASSISTANT CITY ATTORNEY AND RECLASSIFY ONE DEPUTY CITY ATTORNEY II POSITION AS THE ASSISTANT CITY ATTORNEY Resolution Authorizing Application for the 2012/2012 Cycle of the Bicycle Transportation Account (BTA) for Construction of the Grand Avenue Bicycle / Pedestrian Bridge (PW) File 4-1-632 BTA Grand Ave. Bicycle/Pedestrian Bridge RESOLUTION NO. 13327 — RESOLUTION AUTHORIZING APPLICATION FOR THE 2012/2013 CYCLE OF THE BICYCLE TRANSPORTATION ACCOUNT (BTA) FOR CONSTRUCTION OF THE GRAND AVENUE BICYCLE/PEDESTRIAN BRIDGE Councilmember Connolly moved and Councilmember Levine seconded to approve the Consent Calendar items: AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None SPECIAL PRESENTATIONS: 4. Special Presentations: a. Presentation of Resolution of Appreciation to Marin County School Volunteers (CM) Mayor Phillips presented Resolution of Appreciation to Joe Delaney on behalf of Marin County School Volunteers. Joe Delaney b. Presentation of Resolution of Appreciation to Recipient of Citizen of the Year Award (CM) Mayor Phillips presented Albert J. Boro with the Resolution of Appreciation. Albert J. Boro Mayor Phillips - Renaming of Pickleweed Park Albert J. Boro PUBLIC HEARING 5. Public Hearing: a. Resolution Amending the Master Fee Schedule to Modify the Current Tidelands Permit Fee to Base it Directly on Staff Time Necessary to Administer Each Permit (PW) — File 9-10-2 x 9-3-40 Kevin McGowan, Assistant Public Works Director, presented the staff report. Public Hearing Councilmember Connolly / Kevin McGowan Councilmember McCullough / Kevin McGowan Councilmember Heller / Mayor Phillips City Manager Nancy Mackle Mayor Phillips declared the public hearing opened. Ivaldo Lenci Arlene Sukowsky There being no further comment from the audience, Mayor Phillips closed the public hearing. 4 Robert Epstein, City Attorney Councilmember McCullough moved and Councilmember Levine seconded to adopt the Resolution RESOLUTION NO. 13328 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO MODIFY THE CURRENT TIDELANDS PERMIT FEE TO BASE IT DIRECTLY ON STAFF TIME NECESSARY TO ADMINISTER EACH PERMIT AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None Tidelands Permit OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Informational Report on Recommended Amendments to the City's Smoking Ordinance (CM) — File 13-4 x 13-1 Smoking Ordinance Amend. Jim Schutz, Assistant City Manager, introduced the item. Rebecca Woodbury, Management Analyst, presented the staff report, including PowerPoint presentation. Council questions of staff: Councilmember Levine / Rebecca Woodbury Councilmember Connolly / Rebecca Woodbury Councilmember McCullough / Rebecca Woodbury Nancy Mackle Councilmember Heller Mayor Phillips / Rebecca Woodbury Nancy Mackle Councilmember Levine Public Comment: Ivaldo Lenci Bob Curry, Coordinator, Marin County Tobacco Related Disease Control Program Councilmember Heller / Mr. Curry 5 Elizabeth Emerson, Alcohol, Drug and Tobacco Program Coordinator Richard Kalish, Board Chairman, San Rafael Chamber of Commerce Richard Peckner Judith Dorenzo Ronald Silverman Anita Bischoff Pam Grainger, American Lung Association Mayor Phillips / Pam Grainger Robert Epstein Mayor Phillips / Pam Grainger Bob Curry/ Mayor Phillips Councilmember Levine / Bob Curry Councilmember McCullough / Bob Curry Councilmember Heller / Pam Grainger Councilmember comments and deliberations: Councilmember Levine Councilmember Connolly Councilmember McCullough Councilmember Heller Mayor Phillips Report accepted and direction provided to staff. b. Resolution Approving Use of and Acceptance of Federal Justice Assistance Grant Funds in the Amount of $16,415.00 for a Community Connection Program Within the City of San Rafael and the Unincorporated Areas of Marin County (PD) — File 9-3-30 FJA Grant Funds Chief of Police Diana Bishop presented the staff report. Councilmember Levine / Chief Bishop 0 McCullough / Chief Bishop Mayor Phillips Public Comment: Ronald Silverman (commenting on the smoking ordinance) Ivaldo Lenci / Mayor Phillips Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution RESOLUTION NO. 13329 — RESOLUTION APPROVING USE OF AND ACCEPTANCE OF FEDERAL JUSTICE ASSISTANCE GRANT FUNDS IN THE AMOUNT OF $16,415.00 FOR A COMMUNITY CONNECTION PROGRAM WITHIN THE CITY OF SAN RAFAEL AND THE UNINCORPORATED AREAS OF MARIN COUNTY AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None CITY MANAGER'S REPORT: 7. City Manager's Report City Manager Nancy Mackle stated that descriptions of the purpose of each Adhoc subcommittee were posted on the website; reports would be provided monthly at Council meetings. Mayor Phillips gave a report on Adhoc subcommittees and invited Councilmembers to provide updates at the first City Council meeting each month. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on meetinqs and conferences attended at Citv expense) 8. Councilmember Reports Councilmember Levine noted he would be unable to attend the Employee Luncheon and League of California Cities Dinner on Thursday, April 19, 2012, due to scheduling conflicts. Mayor Phillips reported on his attendance at the San Rafael Pacifics' Tryouts on Sunday, April 15, 2012. Nancy Mackle Mayor Phillips CITY OF SAN RAFAEL AS SUCCESSOR AGENCY TO SAN RAFAEL REDEVELOPMENT AGENCY 9. Successor Agency Items - Consent Calendar: a) Monthly Investment Report for Month Ending March, 2012 (Fin) — File SA - 123 7 Investment Report March 2012 - Accepted report Councilmember Levine moved and Councilmember Heller seconded to accept the report. AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None ADJOURNMENT 9:50 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12012 GARY O. PHILLIPS, Mayor w