The URL can be used to link to this page

Home My WebLink AboutCC SA Minutes 2013-06-03IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, June 3, 2013 ti�lim S'il± i�f 5lurin Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Vice -Mayor Heller Councilmember Colin Councilmember Connolly Councilmember Heller Councilmember McCullough Also Present: City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM Mayor Phillips announced Closed Session items. CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - 6:00 PM Closed Session: a) Conference with Labor Negotiators- Government Code Section 54957.6(a) Lead Negotiators: Jack Hughes and Kelly Tuffo, Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Anil Comelo, Mark Moses, Lisa Goldfien, 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. SEIU Miscellaneous & Supervisory San Rafael Police Association Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney Citv Attornev Robert Epstein announced that no reportable action was taken on Item 2.a) CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - at conclusion of City Council Meeting: 9:12 PM b) Conference with Real Property Negotiator (Government Code Section 54956.8) Property: 1309 Fifth Avenue, San Rafael, California City Negotiators: Nancy Mackie Negotiating Parties: City of San Rafael, Vaning Walker's Revoc Inter Vivos Trust 2010 Under Negotiation: Terms and Price C) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a), (d)(1) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern District of CA, Case # C003785 d) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a), (d)(1) Case Name: MHC Financing, et al. v. City of San Rafael, et al. (MHC II) U.S. District Court, Northern District of CA, Case # C043325 ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM Jolie de Pauw invited the City of San Rafael to support a ban on Monsanto's Round Up. Barry Taranto addressed issues, including conference at Dominican University on public banking, sales tax poll, Snapshot, Sanitation District, etc. Fire Chief Christopher Grav announced that June 3 - 7, 2013 is National CPR Week and he presented a video on "Hands Only" CPR. He introduced Paul Crimmins, recently promoted to Battalion Chief, and noted the addition of five new firefighters to the Fire Department. Councilmember McCullough thanked the Fire Chief, Paramedics and Firefighters, together with staff from the Osher Marin Jewish Community Center for helping save the life of a personal friend, Melissa Burrell, last week. Fire Chief Chris Grav Mavor Phillips Jonathan Frieman addressed the issue of medical marijuana. CONSENT CALENDAR: 3. Consent Calendar Items: Consent Agenda Item 3.e was removed at the request of Councilmember Connolly. Councilmember Connolly moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of Regular City Council and Successor Agency Meetings of May 20, 2013 (CC) Minutes 05 20 2013 Approved Minutes as submitted. b. Resolution Upholding an Appeal (AP13-001) and Overturning the February 26, 2013 Planning Commission Decision to Grant an Appeal (AP12-007) and Overturn the Zoning Administrator's Approval of a Use Permit (UP12-022) Allowing the Operation of a Licensed 2 Large Family Day Care (9 - 14 Children Maximum) in a Two -Story Single Family Townhome; Therefore, the Use Permit for a Large Family Day Care at 23 Baypoint Drive Stands as Approved with Conditions (APN: 009-362-20) (CD) — File 273 (23 Baypoint Drive) Conditional Use 23 Bavpoint Drive RESOLUTION NO. 13539 — RESOLUTION UPHOLDING AN APPEAL (AP13-001) AND OVERTURNING THE FEBRUARY 26, 2013 PLANNING COMMISSION DECISION TO GRANT AN APPEAL (AP12-007) AND OVERTURN THE ZONING ADMINISTRATOR'S APPROVAL OF A USE PERMIT (UP12-022) ALLOWING THE OPERATION OF A LICENSED LARGE FAMILY DAY CARE (9-14 CHILDREN MAXIMUM) IN A TWO-STORY SINGLE-FAMILY TOWNHOME; THEREFORE, THE USE PERMIT FOR A LARGE FAMILY DAY CARE AT 23 BAYPOINT DRIVE STANDS AS APPROVED WITH CONDITIONS (APN: 009-362-20) Second Reading and Final Adoption of Ordinance No. 1912 - (ED) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENTS AREA" AND ADDING A NEW CHAPTER 10.09 ENTITLED "DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT." — File — File 224 x 183 Ord BID Approved final adoption of Ordinance No. 1912. d. Resolution Approving and Authorizing Execution of a License Agreement for Emergency Public Ingress and Egress Across a Portion of Property Known as 129 Mountain View Ave (AP No. 15-061-23) (FD) — File 2-11 129 Mountain View Ave RESOLUTION NO. 13540 — RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR PUBLIC INGRESS AND EGRESS ACROSS A PORTION OF PROPERTY KNOWN AS 129 MOUNTAIN VIEW AVE (AP NO. 15-061-23) Second Reading and Final Adoption of Ordinance No. 1911 - (Fin) "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2013-2014, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1904 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) — File 9-12-1 x 9-3-31 Ord Paramedic Tax Approved final adoption of Ordinance No. 1912. g. Resolution to Approve the City of San Rafael Investment Policy (Fin) — File 8-9 x 8-18 Investment Policv RESOLUTION NO. 13541 - RESOLUTION TO APPROVE THE CITY OF SAN RAFAEL INVESTMENT POLICY h. Resolution Approving the Use of Funding in the Amount of $276,662.12 from the California State 911 Emergency Communications Office and Authorizing the Chief of Police of the City of San Rafael to Execute a Contract with AT&T to Upgrade Police Department Customer Premise Equipment (PD) — File 9-3-31 911 Fundinq AT&T Contract RESOLUTION NO. 13542 — RESOLUTION APPROVING THE USE OF FUNDING IN THE AMOUNT OF $276,662.12 FROM THE CALIFORNIA STATE 911 EMERGENCY COMMUNICATIONS OFFICE AND AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF SAN RAFAEL TO EXECUTE A CONTRACT WITH AT&T TO UPGRADE POLICE DEPARTMENT CUSTOMER PREMISE EQUIPMENT Resolution Awarding a Contract for the Lifeline Transportation Program (LTP) Canal Neighborhood Pedestrian and Transit Access and Safety Improvements Project Phase 2, City Project No. 11174, to Ghilotti Construction Company in the Amount of $575,605.00 (PW) — File — File 4-1-642 LTP Canal Phase 2 RESOLUTION NO. 13543 - RESOLUTION AWARDING THE CONTRACT FOR THE LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD PEDESTRIAN AND TRANSIT ACCESS AND SAFETY IMPROVEMENTS PROJECT PHASE 2, CITY PROJECT NO. 11174, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $575,605.00 AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Nancv Mackle, City Manager The following item was removed from the Consent Calendar for comment: Resolution Approving Use of a Competitive Negotiation Process for the Purchase of Credit Card Parking Meters and Parking Sensors to Replace Existing Meters (MS) — File 11-18 Credit Card Parking Meter Councilmember Connollv Jim Mvers, Parking Services Manager Councilmember Connollv / Jim Mevers Councilmember Heller Jim Mevers Councilmember McCullough Jim Mevers Mavor Phillips Councilmember Heller moved and Councilmember Connolly seconded to adopt the Resolution. 4 RESOLUTION NO. 13544 — RESOLUTION APPROVING USE OF A COMPETITIVE NEGOTIATION PROCESS FOR THE PURCHASE OF CREDIT CARD PARKING METERS AND PARKING SENSORS TO REPLACE EXISTING METERS AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS: 4. Other Agenda Items: a. Review of the Proposed City Operating Budget for Fiscal Year 2013/2014 (Fin) — File 8-5 Proposed Budqet 2013 2014 Mark Moses, Interim Finance Director presented the staff report. Mavor Phillips Mark Moses / Mavor Phillips / Mark Moses Mark Moses Mavor Phillips / Mark Moses Mavor Phillips / Mark Moses Mark Moses Councilmember Heller / Mark Moses Mark Moses Councilmember Heller Mark Moses Nancv Mackle, City Manager Jim Schutz, Assistant City Manager Councilmember Colin Nancv Mackle Councilmember McCullough Mark Moses Councilmember Heller Nancv Mackle /Mark Moses 5 Councilmember Heller / Nancv Mackie / Mark Moses Nancv Mackle /Mark Moses / Councilmember Heller Nancv Mackle / Councilmember McCullouah Councilmember McCullough Councilmember Colin / Councilmember McCullough Councilmember Connollv / Councilmember McCullough Councilmember Heller Councilmember McCullough Mavor Phillips invited public comment: Barry Taranto Councilmember McCullough Mavor Phillips There being no further comment from the audience, Mayor Phillips closed the public comment period. Mark Moses Councilmember Colin Mavor Phillips Councilmember Connollv Nancv Mackle Councilmember Connollv Nancv Mackle Councilmember Connollv / Nancv Mackie Mavor Phillips Mark Moses Mavor Phillips Nancv Mackle C1 Councilmember McCullouah Mavor Phillips Mavor Phillips Councilmember Heller moved and Councilmember Colin seconded to accept the report and provide direction to Staff to return with final budget for adoption. AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Nancv Mackle announced that Mark Moses and his staff in the Finance Department had been awarded the Government Financial Officers Association (GFOA) Certificate of Achievement in Excellence in Financial Reporting (CAEFR) Mavor Phillips b. Consideration of Action Plan from City Council Homeless Subcommittee and Resolution Authorizing Hiring a Police Officer (CM) — File 9-2-67 Homeless Subcommittee Report Stephanie Lovette, Economic Development Manager presented the staff report. Councilmember McCullough Stephanie Lovette Police Chief Diana Bishop Mavor Phillips Councilmember Connollv Chief of Police Bishop Councilmember Heller Chief of Police Bishop Mavor Phillips invited public comment: Hugo Landecker, on behalf of Gerstle Park Neighborhood Association Mavor Phillips / Huao Landecker Blase Bova, Executive Director, St. Vincent De Paul Society of Marin County Mavor Phillips John Revnolds 7 Mavor Phillips Barry Taranto Mavor Phillips Jonathan Frieman Councilmember Colin Councilmember Heller Councilmember McCullough Councilmember Connollv Mavor Phillips Mavor Phillips / Esther Beirne, City Clerk Councilmember Colin moved and Councilmember Connolly seconded to accept the report and adopt Resolution. RESOLUTION NO. 13545 - RESOLUTION AUTHORIZING THE HIRING OF ONE ADDITIONAL POLICE OFFICER FOR UP TO THREE YEARS TO SUPPORT THE CITY OF SAN RAFAEL HOMELESS ACTION PLAN AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 5. City Manager's Report - NONE COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on meetings and conferences attended at City Expense.) 6. Councilmember Reports Councilmember Colin reported that she and Jim Schutz met with the Las Gallinas Water District recently and presented the Sustainability Subcommittee Priorities. SAN RAFAEL SUCCESSOR AGENCY 7. Successor Agency - Consent Calendar a. Resolution to Update the Successor Agency Investment Policy (Fin) — File SA Financial Reports SRSA Investment Policv N Member Heller moved and Member McCullough seconded to Adopt Resolution. RESOLUTION NO.2013-03 — RESOLUTION TO UPDATE THE INVESTMENT POLICY AYES: Members: Colin, Connolly, Heller, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: None ADJOURNMENT: 9:12 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12013 GARY O. PHILLIPS, Mayor 0