HomeMy WebLinkAboutCC Minutes 2012-06-04IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, June 4, 2012
MINUTES
Regular Meeting — 8:00 PM
San Rafael City Council
Present: Mayor Phillips
Vice -Mayor Levine
Councilmember Connolly
Councilmember Heller
Councilmember McCullough
City Manager Nancy Mackle
City Attorney Robert Epstein
City Clerk Esther Beirne
OPEN SESSION - COUNCIL CHAMBERS
1. None
CLOSED SESSION - CONFERENCE ROOM 201
a. None
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM
2. Peter Rogison addressed the City Council on public trust issues.
CONSENT CALENDAR:
3. Consent Calendar Items:
a. Approval of Minutes of City Council/Successor Agency Meeting of May 21, 2012 (CC)
Minutes 5/21/2012 Approved as submitted
b. Resolution Authorizing Marin Housing to Forego the Option to Purchase a Below Market
Rate Housing Unit (APN 155-376-08 (ED) — File 229
BMR Forego Option to Purchase
RESOLUTION NO. 13349 — RESOLUTION AUTHORIZING MARIN HOUSING TO FOREGO THE
OPTION TO PURCHASE A BELOW MARKET RATE HOUSING UNIT (APN 155-376-08)
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C. Resolution to Approve the City of San Rafael Investment Policy (Fin) — File 8-9 x 8-18
City Investment Policy
RESOLUTION NO. 13350 — RESOLUTION TO APPROVE THE CITY OF SAN RAFAEL INVESTMENT
POLICY
d. Resolution Approving and Supporting Camp Chance 2012 (PD) — File 9-3-30
Camp Chance
RESOLUTION NO. 13351 — RESOLUTION APPROVING AND SUPPORTING CAMP CHANCE 2012
e. Resolution Authorizing the Public Works Director to Award the Construction Contract for
the Point San Pedro Median Landscaping Improvement Re -Bid, City Project No. 11163, to
Cleary Brothers Landscaping, in the Amount of $1,463,925.50 when the Project Financing
has been Secured (PW) — File 4-1-631
Pt. San Pedro Median Construction Contract
RESOLUTION NO. 13352 — RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
AWARD THE CONSTRUCTION CONTRACT FOR THE POINT SAN PEDRO MEDIAN LANDSCAPING
IMPROVEMENTS RE -BID, CITY PROJECT NO. 11163, TO CLEARY BROTHERS, LANDSCAPING, IN
THE AMOUNT OF $1,463,925.50 WHEN THE PROJECT FINANCING HAS BEEN SECURED
Appointment of Lieutenant Ralph Pata as Alternate to the Marin Emergency Radio
Authority Board of Directors (PD) - File
Lieutenant Ralph Pata appointed Alternate to the Marin Emergency Radio Authority Board of Directors.
Councilmember Heller moved and Councilmember Connolly seconded to approve the Consent Calendar:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
OTHER AGENDA ITEMS:
a) Resolution to Accept the Downtown San Rafael SMART Station Area Plan (CC) — File 245
City Manager Nancy Mackle introduced the item
Rebecca Woodbury, Management Analyst, and William (Bill) Carney (Citizens Advisory Committee)
presented the staff report, including a PowerPoint presentation.
Councilmember and Staff comments:
Councilmember McCullough / Rebecca Woodbury
Councilmember Levine / Rebecca Woodbury
Mayor Phillips / Rebecca Woodbury
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Nancy Mackle
Councilmember Heller
Mayor Phillips
Councilmember Connolly
Nancy Mackle
Councilmember Connolly / Nader Mansourian, Director of Public Works
Mayor Phillips
Public Comment:
Jeff Rhodes
Mayor Phillips
Alisha OLoughlin
Maureen Gaffney
Patrick Seidler
Jerry Belletto, Sustainable San Rafael
Syd Waxman, Vice -President, Montecito Area Residents Association.
Matthew Eves
Mayor Phillips
Adena Beaumont
Scott Kaplan
Vickie Hatos, Federation of San Rafael Neighborhoods.
Hugo Landecker
Stan Gibbs, President, Business Improvement District.
Councilmember / Staff comments and deliberations.
Councilmember Connolly / Rebecca Woodbury
Mayor Phillips
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Rebecca Woodbury / Mayor Phillips
Nancy Mackle
Councilmember Levine / Rebecca Woodbury
Councilmember Heller
Councilmember Connolly
Councilmember McCullough
Mayor Phillips
Councilmember Levine moved and Councilmember Heller seconded to adopt the Resolution
RESOLUTION NO. 13353 — RESOLUTION TO ACCEPT THE DOWNTOWN SAN RAFAEL SMART
STATION AREA PLAN
b) Review of the Preliminary General Fund Budget for Fiscal Year 2012-2013 (Fin) — File 8-5
FY 2012-2012 Budget
Mark Moses, Interim Finance Director, presented the staff report.
Nancy Mackle
Mayor Phillips
Councilmember Connolly
Chief of Police Diana Bishop
Councilmember Connolly
Mayor Phillips
Councilmember Connolly
Nancy Mackle
Councilmember Connolly / Nancy Mackle
Mayor Phillips / Chief Bishop
Councilmember Heller / Chief Bishop / Nancy Mackle
Mayor Phillips / Chief Bishop
Councilmember McCullough / Chief Bishop
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Councilmember Connolly
Robert Epstein, City Attorney, suggested taking public comment.
Councilmember Levine / Nancy Mackle
Councilmember Heller
Public Comment -
Hugo Landecker
Adena Beaumont
Councilmember McCullough / Nancy Mackle
Councilmember Levine
Councilmember Connolly
Mayor Phillips indicated he would be in favor of the recommendations proposed by Ms. Mackle, and
would be willing, with the assistance of another councilmember, to explore alternatives related to the
Police Department.
Nancy Mackle concurred.
Mayor Phillips / Councilmember Connolly
Councilmember Connolly indicated his willingness to participate in the process.
Mayor Phillips
Councilmember Heller
Councilmember Levine moved and Councilmember Connolly seconded to accept the report with the
recommendation to explore other alternatives regarding Police Department issues
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
PUBLIC HEARINGS
5. Public Hearings:
Resolution Levying an Annual Assessment for the Downtown Parking and Business
Improvement District for Fiscal Year 2012-2013 (ED) — File 183 x 224
BID Annual Assessment
Stephanie Lovette, Economic Development Manager, presented the staff report.
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Mayor Phillips declared the public hearing opened.
Stan Gibbs, President, Business Improvement District.
Councilmember Levine / Stephanie Lovette / Nancy Mackle
There beinq no further comment from the audience, Mavor Phillips Closed public hearinq.
Councilmember Levine moved and Councilmember Heller seconded to adopt the Resolution
RESOLUTION NO. 13354 — RESOLUTION LEVYING AN ANNUAL ASSESSMENT FOR THE
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2012-2013
AYES: Councilmembers: Connolly, Councilmember Heller, Councilmember McCullough
NOES: None
ABSENT: None
b. 190 EI Cerrito Avenue (Untermann Subdivision) - Request for Rezoning, Tentative Map and
Environmental & Design Review Permit to Allow: 1) the Subdivision of the Single 6.24 -acre
Hillside Parcel into Two Lots, with the Existing Single -Family home at 190 EI Cerrito
Remaining on a 3.24 -acre Parcel and a new Single -Family Home Proposed on a New 3.0 -
acre Parcel; 2) Rezoning of the Site from a Planned Development to a Revised Planned
Development to Reflect the Proposed Project; and 3) Conceptual Review for Compliance
with Hillside Guidelines and the Design and Siting for the Proposed New Single -Family
Residence; APN 011-121-10; Planned Development - Hillside Overlay (PD -H) District; Tom
and Merrie Untermann owners; Al Cornwell/CSB Stuber-Stroeh, applicant (CD) — File 10-3
190 EI Cerrito Maps
Raffi Boloyan, Principal 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.
Marc Levine
Councilmember McCullough moved and Councilmember Levine seconded to adopt the Resolution
Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;
1) RESOLUTION NO. 13355 — RESOLUTION ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVAL OF A MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP) FOR PLANNED DEVELOPMENT — HILLSIDE OVERLAY DISTRICT REZONING AND TWO
LOT RESIDENTIAL SUBDIVISION AT 190 EL CERRITO AVENUE (UNTERMANN 2 LOT SUBDIVISION)
(APN 011-021-10)
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
The title of the ordinance was read.
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Councilmember Levine moved and Councilmember Heller seconded to dispense with the reading of the
ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1905 to print by the
following vote, to wit:
2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REZONING CERTAIN
REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) — HILLSIDE OVERLAY (PD -H) DISTRICT
TO A REVISED PLANNED DEVELOPMENT — HILLSIDE OVERLAY (PD -H) DISTRICT (ZC11-003) FOR
THE SUBDIVISION OF THE SITE INTO TWO LOTS AND DEVELOPMENT OF ONE NEW SINGLE-
FAMILY RESIDENCE AT 190 EL CERRITO AVENUE (UNTERMANN 2 LOT SUBDIVISION) (APN 011-
121-10)
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
Councilmember Levine moved and Councilmember McCullough seconded to adopt the Resolution
Approving the Environmental and Design Review Permit and Tentative Map Applications for the Project
3) ADOPTED RESOLUTION NO. 13356 — RESOLUTION APPROVING A TENTATIVE PARCEL
MAP (TS11-004) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED11-047) FOR THE
SUBDIVISION OF A 6.24 -ACRE LOT DEVELOPED WITH A SINGLE-FAMILY HOUSE INTO TWO
SINGLE-FAMILY RESIDENTIAL LOTS AND ASSOCIATED SITE IMPROVEMENTS LOCATED AT 190
EL CERRITO AVENUE (UNTERMANN 2 LOT SUBDIVISION) (APN: 011-121-10)
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
CITY MANAGER'S REPORT:
6. City Manager's Report - None
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234
Reports on conferences and meetings attended at Citv expense
7. Councilmember Reports
Councilmember Levine invited all to attend a gathering tomorrow evening at 4208 Redwood Highway,
San Rafael, commencing at 7:30 p.m.
CITY OF SAN RAFAEL AS SUCCESSOR AGENCY TO SAN RAFAEL REDEVELOPMENT AGENCY
8. Successor Agency Items - Consent Calendar:
a) Resolution to Update the Investment Policy (Fin) — File SA Financial/Policy
SA Investment Policy
Councilmember McCullough moved and Councilmember Levine seconded to Adopt the Resolution
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RESOLUTION NO. 05-2012 — RESOLUTION OF THE CITY OF SAN RAFAEL AS SUCCESSOR
AGENCY TO THE FORMER SAN RAFAEL REDEVELOPMENT AGENCY TO UPDATE THE
INVESTMENT POLICY
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
ADJOURNMENT - 11:50 PM
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2012
GARY O. PHILLIPS, Mayor
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