HomeMy WebLinkAboutCC Minutes 2012-07-16IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, July 16, 2012
M"" C 11?
.F,I. .
MINUTES
Regular Meeting
San Rafael City Council
Present: Mayor Phillips, Councilmembers: Connolly, McCullough
City Attorney, Robert Epstein, City Manager, Nancy Mackie, City Clerk, Esther Beirne
Absent: Vice -Mayor Levine, Councilmember Heller
OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM
Mayor Phillips announced Closed Session item.
CLOSED SESSION - CONFERENCE ROOM 201 - 6:00 PM
2. 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
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM
Stuart Moody, Green Sangha, introduced teenage members of the Teen Environmental Leadership
Academy (TELA) and Youth for Justice, who would address the issue of Alcopops.
Xania Bytof, Joe Feria, Jessica Sanchez and Abigail Benetiz requested City Council support for their
campaign to remove Alcopops from stores in the Canal Area.
Maite Duran, Youth for Justice, and TELA submitted copy of a Marin County Board of Supervisors'
resolution.
Mayor Phillips
Councilmember Connolly
Councilmember McCullough
Barry Taranto addressed the issues of Alcopops, retail occupancy at Marin Square, "Move to Amend",
community sponsored events and the proposed smoking ordinance.
Mayor Phillips
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CONSENT CALENDAR:
Councilmember Connolly moved and Councilmember McCullough seconded to approve the Consent
Calendar as follows:
3. Consent Calendar Items:
a. Approval of Minutes of City Council and Successor Agency Meetings of June 18 and July
2, 2012.
Minutes 6/18/12 Minutes 7/2/12 Minutes approved as submitted.
b. Appointment of Gary T. Ragghianti to fill an unexpired four-year term to the end of
September, 2014 on the Special Library Parcel Tax Oversight Committee - Measure 'C'
(CC) — File 9-2-62
Appointment to Measure C Committee
Gary T. Ragghianti appointed to fill the unexpired term on the Special Library Parcel Tax Oversight
Committee
C. Resolution Authorizing the Temporary Closure of Mission Avenue Between C Street and E
Street for the 6th Annual San Rafael Food and Wine Festival on Saturday, August 11,
2012(CS) — File 11-19
Food and Wine Festival Street Closure
RESOLUTION NO. 13384 - AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE
BETWEEN C STREET AND E STREET FOR THE 6TH ANNUAL SAN RAFAEL FOOD AND WINE
FESTIVAL ON SATURDAY, AUGUST 11, 2012
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
PUBLIC HEARINGS
4. Public Hearings:
a. Baypoint Lagoons Landscaping and Lighting District: Resolution Confirming Diagram and
Assessment and Levying Assessment for Fiscal Year 2012-2013 (PW) — File 6-48
Baypoint Lagoons
Nader Mansourian, Public Works Director, presented the staff report.
Mavor Phillips declared the public hearinq opened and there beinq no comment from the audience, he
closed the public hearinq.
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Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution
RESOLUTION NO 13385 - RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND
LEVYING ASSESSMENT FOR FISCAL YEAR 2012-2013 BAYPOINT LAGOONS LANDSCAPING AND
LIGHTING DISTRICT (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
b. Pt. San Pedro Median Landscaping Assessment District: Resolution Confirming the
Engineer's Annual Levy Report for the Pt. San Pedro Median Landscaping Assessment
District; the Assessment Diagram connected therewith; and ordering the Levy and
Collection of Assessments for Fiscal Year 2012/2013 (PW) — File 6-56
Pt. San Pedro Assessment District
Nader Mansourian, Public Works Director, presented the staff report.
Mayor Phillips declared the public hearing opened, and there being no comment from the audience, he
closed the public hearing.
Councilmember Connolly moved and Councilmember McCullough seconded to adopt the Resolution
RESOLUTION NO. 13386 - RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT
FOR THE PT. SAN PEDRO MEDIAN LANDSCAPING ASSESSMENT DISTRICT; THE ASSESSMENT
DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE FISCAL YEAR 2012/2013
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
C. Ordinance of the City of San Rafael Amending Chapter 8.18 of the San Rafael Municipal
Code Entitled "Alcoholic Beverages", Concerning Regulation of the Consumption of an
Alcoholic Beverage and the Possession of an Open Container of an Alcoholic Beverage
on City Property or on Posted Private Property (PD) - File 9-1- x 9-3-30
Open Container Ordinance
Lt. Ralph Pata presented the staff report
Councilmember Connolly / Lt. Pata
Councilmember McCullough / Lt. Pata
Mayor Phillips declared the public hearing opened.
Public Comment:
Barry Taranto
Mike Soldavini
Samantha Sargent, San Rafael Community Coalition.
Hugo Landecker
Mayor Phillips
Steve Boyer, St. Vincent de Paul Society
There being no further comment from the audience, Mayor Phillips closed the public hearing.
Councilmember Connolly
Robert Epstein, City Attorney
Nancy Mackle, City Manager
Robert Epstein
Councilmember McCullough
Lt. Pata
Mayor Phillips / Lt. Pata
Mayor Phillips
The title of the Ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER
8.18 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES",
CONCERNING REGULATION OF THE CONSUMPTION OF AN ALCOHOLIC BEVERAGE AND THE
POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE ON CITY PROPERTY OR
ON POSTED PRIVATE PROPERTY
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 Ordinance No. 1906 to print, by the
following vote, to wit:
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
OTHER AGENDA ITEMS:
5. Other Agenda Items:
a. Resolution Authorizing the City's Purchase of the Pt. San Pedro Road Median
Landscaping Assessment District Limited Obligation Improvement Bonds (Fin)
- File 6-56
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San Pedro Median Limited Obligation Bonds
Mark Moses, Interim Finance Director, presented the staff report.
Councilmember McCullough / Mark Moses
Craig Hill, NHA Advisers
Councilmember Connolly / Mayor Phillips
Councilmember McCullough / Mark Moses
Mayor Phillips / Mark Moses
Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution
RESOLUTION NO. 13387 — RESOLUTION AUTHORIZING THE CITY'S PURCHASE OF THE PT. SAN
PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT LIMITED OBLIGATION
IMPROVEMENTBONDS
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
b. Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael
Response to the 2011-2012 Marin County Grand Jury Report Entitled "Pre-Schoolers
Learn to Share -Can Local Governments?" (CM) - File 269
Grand Jury Responses - Shared Services
City Manager Nancy Mackle presented the staff report.
Councilmember McCullough / Nancy Mackle
Mayor Phillips
Councilmember Connolly / Mayor Phillips
Councilmember Connolly moved and Councilmember McCullough seconded to adopt the Resolution.
RESOLUTION NO. 13388 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2011-2012 MARIN COUNTY GRAND
JURY REPORT ENTITLED "PRE-SCHOOLERS LEARN TO SHARE -CAN LOCAL GOVERNMENTS?"
AYES: Councilmembers: Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller, Levine
CITY MANAGER'S REPORT:
None
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COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234
Reports on meetinqs and conferences attended at Citv expense.
Mayor Phillips reported on various meetings and activities he is involved with.
SAN RAFAEL SUCCESSOR AGENCY:
8. Successor Agency Item:
a. Resolution of the San Rafael Successor Agency Approving a Payment to the Marin County
Auditor -Controller to Satisfy Demand for Reimbursement of Property Tax Funds Pursuant
to Assembly Bill 1484 (ED) — File SA1 — staff reports
Reimbursement
Nancy Mackle presented the staff report.
Mayor Phillips
Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution
RESOLUTION NO. 09-2012 — RESOLUTION APPROVING A PAYMENT TO THE MARIN COUNTY
AUDITOR -CONTROLLER TO SATISFY DEMAND FOR REIMBURSEMENT OF PROPERTY TAX
FUNDS PURSUANT TO ASSEMBLY BILL 1484
AYES: Members: Connolly, McCullough & Chairman Phillips
NOES: Members: None
ABSENT: Members: Heller, Levine
ADJOURNMENT: 8:15 PM
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12012
GARY O. PHILLIPS, MAYOR
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