HomeMy WebLinkAboutCC Minutes 2012-10-01IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, October 1, 2012
MINUTES
Regular Meeting
San Rafael City Council
Present: Mayor Phillips
Vice -Mayor Levine
Councilmember Connolly
Councilmember Heller
Councilmember McCullough
City Manager Nancy Mackle
City Attorney Robert Epstein
Assistant City Attorney Lisa Goldfien
City Clerk Esther Beirne
OPEN SESSION - COUNCIL CHAMBERS: - 6:00 PM
1. None
CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM: - 6:00 PM
2. Closed Session: None
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM
The following members of the public addressed the City Council in Open Time:
Jim Chestnut, Spinnaker Point.
Mayor Phillips
Barry Taranto - Proposition 37.
Mayor Phillips
Judy Schriebman (Clapella, the Clapper Rail) - San Rafael Airport Soccer Complex.
Katherine De Silva Jain - San Rafael Soccer Complex.
1
CONSENT CALENDAR:
Councilmember Heller moved and Councilmember Connolly seconded to approve the Consent Calendar
Items as follows:
3. Consent Calendar Items:
a. Approval of Minutes of City Council / Successor Agency Meetings of September 17, 2012
(CC)
Minutes 9/17/2012 Minutes approved as submitted.
b. Second Reading and Final Adoption of Ordinance No. 1907 - ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING SAN RAFAEL MUNICIPAL CODE
CHAPTER 10.92 PROHIBITING THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD
PACKAGING (CM) — File 13-1
Ordinance 1907 Approved final adoption of Ordinance No. 1907.
C. Resolution Authorizing City Manager to Execute a Contract with HF&H Consultants, LLC
in an Amount Not to Exceed $75,000 for Work on the Refuse Rates and Services for the
Cities of San Rafael and Larkspur, Town of Ross, Las Gallinas Valley Sanitary District and
Ross Valley -South (CM) — File 4-3-306
HF&H Contract
RESOLUTION NO. 13417 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH HF&H CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $75,000 FOR
WORK ON THE REFUSE RATES AND SERVICES FOR THE CITIES OF SAN RAFAEL AND
LARKSPUR, TOWN OF ROSS, LAS GALLINAS VALLEY SANITATION DISTRICT AND ROSS VALLEY -
SOUTH
d. Resolution of Appreciation for Cindy Fox, Pickleweed Children's Center, Retiring After 30
Years of Service to the City of San Rafael (CS) — File 102 x 9-3-65
RESOLUTION NO. 13418 - RESOLUTION OF APPRECIATION FOR CINDY FOX, PICKLEWEED
CHILDREN'S CENTER, RETIRING AFTER 30 YEARS OF SERVICE TO THE CITY OF SAN RAFAEL
e. 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 23 and 24, 2012 (ED) — File 11-19
Street Closure - Parade of Lights
RESOLUTION NO. 13419 - 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 23 AND 24, 2012
2
Resolution Authorizing a Temporary Street Closure for the Fifth Annual Marin County
Triathlon of Pt. San Pedro Road from Riviera Drive to Biscayne Drive on November 3, 2012
from 7:30 a.m. to 10:00 a.m. and on November 4, 2012 from 7:30 a.m. - 1:00 p.m. (ED) —
File 11-19
Street Closure - Triathlon
RESOLUTION NO. 13420 - RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE FOR
THE FIFTH ANNUAL MARIN COUNTY TRIATHLON OF PT. SAN PEDRO ROAD FROM RIVIERA
DRIVE TO BISCAYNE DRIVE ON NOVEMBER 3, 2012 FROM 7:30 A.M. TO 10:00 A.M. AND ON
NOVEMBER 4, 2012 FROM 7:30 A.M. TO 1:00 P.M.
g. Adopt Plans and Specifications for Construction of the ADA -DOJ Curb Ramp 2012-2013
Project, City Project No. 15006, and Authorize the City Clerk to Call for Bids (PW) —
File 4-1-637
Plans & Specifications Curb Ramps 2012-2013
Approved staff recommendation.
h. Resolution Authorizing the Public Works Director to Sign the Memorandum of
Understanding with Eight Local Jurisdictions Exchanging City of San Rafael Local
Funding with these Jurisdictions' STP/CMAQ Federal Funding (PW) — File 170 x 9-3-40
MOU Local Funding
ADOPTED RESOLUTION NO. 13421 - RESOLUTION AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH EIGHT LOCAL
JURISDICTIONS EXCHANGING CITY OF SAN RAFAEL LOCAL FUNDING WITH THESE
JURISDICTIONS' STP/CMAQ FEDERAL FUNDING
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: None
ABSENT: None
SPECIAL PRESENTATION:
4. Special Presentation:
a. Presentation of Resolution of Appreciation to Cindy Fox, Pickleweed Children's Center
(CS)
Mayor Phillips presented Resolution of Appreciation to Cindy Fox.
Cindy Fox
OTHER AGENDA ITEMS:
5. Other Agenda Items:
a. Resolution Approving the Second Amendment to the Amendment and Restatement of
Collection Agreement of the City of San Rafael with Marin Sanitary Service (CM) -
File 4-3-32
MSS Amendment to Restatement Agr.
Stephanie Lovette, Economic Development Manager, presented the first part of the staff report.
Jim Schutz, /Assistant City Manager, continued the staff report presentation.
City Council questions and comments:
Councilmember McCullough / Jim Schutz
Councilmember Heller
Bob Hilton, HF&H Consultants
Councilmember Connolly /Councilmember Heller / Bob Hilton
Councilmember McCullough
Bob Hilton / Councilmember McCullough
Mayor Phillips / Bob Hilton
Jim Schutz
Public Comment:
Bill Carney, Chair, Sustainable San Rafael
Barry Taranto
Mayor Phillips
Patti Garbarino, President, Marin Sanitary Service
Councilmember Connolly
Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution
Mayor Phillips
RESOLUTION NO. 13422 - RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL
WITH MARIN SANITARY SERVICE
AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips
NOES: None
ABSENT: None
4
PUBLIC HEARING
6. Public Hearing:
a. Consideration of Ordinance Repealing San Rafael Municipal Code (SRMC) Chapter 8.14
Entitled "Indoor Air and Health Protection" and Adding a New Chapter 9:04 Entitled "Clean
Indoor And Outdoor Air and Health Protection" (CM) — File 13-1
Smoking Ordinance
Rebecca Woodbury, Management Analyst, presented the staff report.
Bob Curry, Tobacco Program Coordinator, County of Marin
Councilmember Levine
Bob Curry
Councilmember Heller
Rebecca Woodbury
Mayor Phillips
Councilmember Levine
Lisa Goldfien, Assistant City Attorney
Councilmember Connolly
Rebecca Woodbury
Bob Curry
Mayor Phillips / Bob Curry
Councilmember Connolly
Rebecca Woodbury / Councilmember Connolly
Nancy Mackle, City Manager
Mayor Phillips
Rebecca Woodbury
Mayor Phillips declared the public hearing opened
5
Public Comment:
Michael Harr
Robert Epstein, City Attorney / Michael Harr
Zack Edison
Rebecca Woodbury
Jane Levinson
Elizabeth Emerson, Public Health Policy Consultant
Elizabeth Emerson / Judith Derenzo, Bay Area Community Resources- Video
Jan Collier
Jonathan Frieman
Pam Grainger, American Lung Association
Eraina VonStauffen / Morven Seib
Brad Flaherty
Michael Mullins
Ryan Fowler
There being no further comment from the audience, Mayor Phillips closed the public hearing.
Councilmember Heller
Lisa Goldfien / Mayor Phillips
Rob Epstein
Councilmember McCullough
Councilmember Levine
Councilmember Connolly
Mayor Phillips
Moved: Councilmember Connolly - Seconded: Councilmember Levine
Councilmember McCullough: Councilmember Heller - friendly amendment
0
Mayor Phillips
Councilmember Connolly
Rebecca Woodbury
Councilmember McCullough
Mayor Phillips
Councilmember Levine
Nancy Mackle
Councilmember McCullough
Councilmember Heller
Nancy Mackle
The title of the ordinance was read:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SAN RAFAEL
MUNICIPAL CODE (SRMC) CHAPTER 8.14 ENTITLED "INDOOR AIR AND HEALTH PROTECTION"
AND ADDING A NEW CHAPTER 9:04 ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH
PROTECTION."
Councilmember Connolly moved and Councilmember Levine seconded to dispense with the reading of
the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1908 to print by
the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips
NOES: None
ABSENT: None
CITY MANAGER'S REPORT:
Nancy Mackle
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234
Reports on conferences and meetinqs attended at City expense:
8. Councilmember Reports
Councilmember Heller
Mayor Phillips
Councilmember Levine
7
Mayor Phillips / Councilmember Levine
SAN RAFAEL SUCCESSOR AGENCY
9. Successor Agency Item - Consent Calendar None
ADJOURNMENT 9:27 PM
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12012
GARY O. PHILLIPS, Mayor
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