HomeMy WebLinkAboutCC SA Minutes 2014-12-01IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, December 1, 2014
Regular Meeting
San Rafael City Council MINUTES
Present: Mayor Phillips
Vice -Mayor Connolly
Councilmember Colin
Councilmember Bushey
Councilmember McCullough
City Manager Nancy Mackle
City Attorney Robert Epstein
Assistant City Attorney Lisa Goldfien
City Clerk Esther Beirne
Present: None
OPEN SESSION - COUNCIL CHAMBERS - 5:45 PM:
Mayor Phillips announced Closed Session Item
CLOSED SESSION- THIRD FLOOR CONFERENCE ROOM. CITY HALL - 5:30 PM:
2. Closed Session.
a. Closed Session Pursuant to Government Code Section 54956.8:
Conference with Real Property Negotiator
City Negotiators: Nancy Mackie, Robert Epstein, Lisa Goldfien, Tom Adams, Nader
Mansourian, Leslie Blomquist, Benjamin Stock.
Property Identification and Negotiating Parties:
Property: 750 Grand Avenue (A.P.N. 014-132-10)
Negotiating Party: Harold & Aurelia Geister Trust
Property: A.P.N. 014-133-12
Negotiating Party: Geraldine L. Dexter Trust
Property: 409 Third Avenue (A.P.N. 014-151-14)
Negotiating Party: Montecito Market Place Assn.
Assistant City Attorney Lisa Goldfien announced that no reportable action was taken.
Mayor Phillips announced changes to the order of the agenda: Item 4.c to follow item 7.a., and Item 5.b to
follow item 6.a.
OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM The public is welcome to address the City
Council at this time on matters not on the agenda that are within its jurisdiction. Please be
advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to
discuss or take action on any matter not on the agenda, unless it determines that an emergency
exists, or that there is a need to take immediate action which arose following posting of the
agenda. Comments may be no longer than two minutes and should be respectful to the
community.
Barry Taranto requested free parking for the holidays; discussed body cameras for the Police Department
and traffic lights in Terra Linda (Manuel D. Freitas).
Ken Dickinson informed Council of flooding near the proposed SMART Station at the Civic Center, and
related safety issues.
Mayor Phillips
Janet Shirley discussed safety regarding SMART and Quiet Zone.
Marianne Nannestad discussed the flooding issues near the Civic Center and suggested the creek be
cleared out.
Mayor Phillips
Ray Lorber, representing Mont Marin Neighborhood Association, presented retiring Councilmember
Connolly with a Certificate of Recognition.
Paula Doubleday discussed Disaster Preparedness and suggested Community Emergency Response
Team (CERT) training for City employees.
SPECIAL PRESENTATION:
3. Special Presentation:
a. Presentation on Community Schools by Dr. Michael Watenpaugh, Superintendent of
School and Dr. Harriet MacLean, Assistant Superintendent, Education Services, San
Rafael City Schools.
Dr. MacLean made a presentation on Community Schools. Dr. Watenpaugh was unable to attend.
CONSENT CALENDAR:
4. Consent Calendar Items:
Tom Adams, Economic Development Specialist, requested that Final Approval of Ordinance 1926 (Item
4.c) be deferred until after the adoption of the BID Resolution (Item 7.a)
Councilmember Connolly moved and Councilmember McCullough seconded to approve the remainder of
the Consent Calendar Items:
a. Approval of Minutes of City Council / Successor Agency Meeting for November 17, 2014
CCSA Minutes 11-17-2014
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Minutes Approved as Submitted
b. Resolution of Appreciation for Councilmember Damon Connolly for Seven Years of
Service on the San Rafael City Council (CM) — File 102
RESOLUTION NO. 13843 - RESOLUTION OF APPRECIATION FOR COUNCILMEMBER DAMON
CONNOLLY FOR SEVEN YEARS OF SERVICE ON THE SAN RAFAEL CITY COUNCIL
d. Acceptance of Grant from the Transportation Authority of Marin for Studies Related to the
Downtown SMART Station PDA (Transit Center & Parking/Way Finding) (ED) — File 245 x
170
TAM Grant
RESOLUTION NO. 13844 - RESOLUTION ACCEPTING GRANT FROM THE TRANSPORTATION
AUTHORITY OF MARIN FOR STUDIES RELATED TO THE DOWNTOWN SMART STATION PDA
(TRANSIT CENTER & PARKING/WAY FINDING)
e. Fiscal Year 2014-2015: (Fin) — File 8-5
1) Fiscal Year 2014-2015 Interim Financial Update; and
2) Resolution Adopting Amendments to the 2014-2015 Budget
Fiscal Year 2014-2015
RESOLUTION NO. 13845 - RESOLUTION ADOPTING AMENDMENTS TO THE 2014-2015 BUDGET
Resolution Accepting the Measure 'E' Transaction and Use Tax (TUT) Oversight
Committee Report for Fiscal Year 2013-2014 (Fin) — File 9-2-68
Measure E Committee Report
RESOLUTION NO. 13846 - RESOLUTION ACCEPTING THE MEASURE "E' TUT OVERSIGHT
COMMITTEE REPORT FOR FISCAL YEAR 2013-2014
AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
SPECIAL PRESENTATIONS:
5. Special Presentations:
a. Presentation of Water Conservation Challenge Certificates of Recognition (CM
Mayor Phillips and Cory Bytof, presented Certificates of Recognition to Congregations that participated in
the Water Conservation Challenge: Trinity Community Church, Bay Marin Community Church, Lincoln Hill
Community Church, First Congregational Church of San Rafael, and First Presbyterian Church of San
Rafael.
Mayor Phillips noted that Item 5.b. - Resolution of Appreciation for Councilmember Connolly - would be
taken after Item 6.a. - SMART Quiet Zone
OTHER AGENDA ITEMS:
6. Other Agenda Items:
a. Recommendation Regarding Establishing a SMART Quiet Zone (CM) — File 245
Quiet Zones
Councilmember Bushey, acknowledging that she is employed by the California Public Utilities
Commission, stated that in compliance with their incompatible activities rule, she would not be
participating in the discussion of item 6.a and excused herself from the Council Chambers.
Nancy Mackle, City Manager, presented the staff report
Mayor Phillips
Councilmember Colin
Nancy Mackle
Mayor Phillips
Councilmember McCullough
Nancy Mackle
David McCrossan
Councilmember McCullough
Mayor Phillips
Councilmember Connolly
Nancy Mackle
Councilmember Connolly
David McCrossan
Councilmember Connolly
Mayor Phillips invited Public Comment
Scott Stokes
Bob Spofford
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Member of the Public
Member of the Public / Mavor Phill
Gregory Andrew
Mayor Phillips
Mayor Phillips closed Public Comment
Councilmember McCullough
Nancy Mackle
Nader Mansourian, Public Works Director
Councilmember Colin
Mayor Phillips
Councilmember Connolly moved and Councilmember Colin seconded to accept report as amended not to
follow the Public Utilities Commission recommendation to operate with a horn for a period of six to twelve
months.
AYES: Councilmembers: Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
Janet Shirley presented Mayor Phillips with a whistle.
b. Presentation of Resolution of Appreciation to Councilmember Damon Connolly (CM)
Mayor Phillips presented Councilmember Connolly with a Resolution of Appreciation.
Councilmember Connolly
Mavor Phillips
PUBLIC HEARINGS
7. Public Hearings:
a. Confirmina the 2015 Annual Report of the Downtown San Rafael Business Improvement
District as Modified and Approving Levy of Assessment District for 2015 (ED) — File 224 x
183
BID Annual Assessment
Tom Adams, Economic Development Specialist, presented the staff report
Councilmember Colin
5
Tamm Adam.-,
Councilmember McCullo
Tom Adams
Mayor Phillips declared Public Hearing opened
Kyle Hixon, Business Improvement District
Greg Geram, Business Improvement District Treasurer
Andre Cisneros, former president of BID.
Amanda Trian
Matt Hawk
Joel Eis
There being no further comment from the audience, Mayor Phillips closed the public hearing
Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution
RESOLUTION NO. 13847 - RESOLUTION CONFIRMING THE 2015 ANNUAL REPORT OF THE
DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT AS MODIFIED AND APPROVING
LEVY OF ASSESSMENT FOR 2015
AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Item 4.c. held from Consent Calendar followed item 7.a as requested by Tom Adams
4.c. Second Reading and Final Adoption of Ordinance No. 1926 - ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
CHAPTER 10.09 "DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT" (ED) -
File 224 x 183
Final Adoption Ord 1926
Tom Adams
Mayor Phillips invited Public Comment
Michael Anger
Councilmember McCullough moved and Councilmember Bushey seconded to Approve final adoption of
Ordinance No. 1926
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ORDINANCE NO. 1926: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.09 "DOWNTOWN SAN RAFAEL
BUSINESS IMPROVEMENT DISTRICT."
AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. Consideration of Ordinance of the City Council of the City of San Rafael Amending San
Rafael Municipal Code Chapter 10.90 Relating to Massage Therapy Practitioners and
Establishments (CD) — File 9-10-3 x 9-3-30 x 9-3-16
Massage Ordinance
Raffi Boloyan, Community Development Planning Manager, presented the staff report
Councilmember Connolly
Raffi Boloyan
Councilmember Colin
Raffi Boloyan
Councilmember Colin
Councilmember Bushey
Raffi Boloyan
Councilmember McCullough
Lisa Goldfien
Mayor Phillips declared the Public Hearing opened
Michael Anger
Mayor Phillips
Norm Manzione
Stacy Degooyer
Andre Cisneros
Rhonda Kutter
Fritzi Schnel
Kathy Cheek
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Jonathan Frieman
There beina no further comment from the audience. Mavor Phillips closed the public heari
Raffi Boloyan
Councilmember Colin
Raffi Boloyan
Councilmember McCullough
Raffi Boloyan
Councilmember McCullough
Raffi Boloyan
Councilmember Colin
Raffi Boloyan
Mayor Phillips
The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.90 RELATING TO MASSAGE
THERAPY PRACTITIONERS AND ESTABLISHMENTS
Councilmember Bushey moved and Councilmember McCullough seconded to dispense with the reading
of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1927 to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
CITY MANAGER'S REPORT:
8. City Manager's Report
Nancy Mackle reported:
• Special Meeting on December 15th at 4:30pm for interviews to fill the City Council
Vacancy;
• City Offices are closed for Christmas and New Year. Also City Hall, non -safety
administrative offices, will be closed December 26th and January 2nd.
Jim Schutz, Assistant City Manager, reported:
• For the holidays, there will be free three hour parking without validation in both city
garages and all ten city parking lots from Nov. 28 through Dec. 31, 2014.
0
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234
Reports on Meetings and Conferences Attended at City Expense)
9. Councilmember Reports
Councilmember Colin reported:
• Attended MCCMC Committee on Homelessness: Discussion of potential joint funding
structure; all representatives present from Towns and Cities were interested in
learning more and moving forward.
SAN RAFAEL SUCCESSOR AGENCY
10. Successor Agency - Consent Calendar
None
ADJOURNMENT 9:55 P.M.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY -OF 12015
GARY O. PHILLIPS, Mayor
M