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HomeMy WebLinkAboutCC SA Minutes 2015-02-17IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Tuesday, February 17, 2015 M 5luru, t1�+M i. Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Vice -Mayor McCullough Councilmember Bushey Councilmember Colin Councilmember Gamblin Absent: None Also Present: Nancy Mackle, City Manager Assistant City Attorney Lisa Goldfien Esther Beirne, City Clerk OPEN SESSION - COUNCIL CHAMBERS - 4:30 PM 1. Mayor Phillips announced Closed Session items: CLOSED SESSION- THIRD FLOOR CONFERENCE ROOM, CITY HALL - 4:30 PM 2. Closed Session: a. Public Employment Government Code Section 54957(b)(1) Title: City Manager b. Conference with Labor Negotiators Government Code Section 54957.6 Agency Designated Representatives: Mayor Phillips and Vice -Mayor McCullough Unrepresented Employee: City Manager C. Conference with Labor Negotiators- Government Code Section 54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Lisa Goldfien Employee Organization - SEIU - Local 1021 Assistant City Attorney Lisa Goldfien announced that no reportable action was taken. OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM Tony Porter addressed the City Council on behalf of the Venture Greenhouse. 1 Ann Dickson, Sr. Marketing Manager, American Cancer Society, spoke on Tobacco -Free Pharmacies Elizabeth Emerson, speaking on behalf of Jenny Cook, Chair, Smoke Fee Marin Coalition, addressed the Smoke Free Marin issue. Jonathan Frieman spoke on the healing power of touch. Beckie Menten, Energy Efficiency Director, Marin Clean Energy, informed the City Council on their Energy Efficiency Plan. The following addressed the City Council on the issue of the San Rafael Depot: Amy Likover Jonathan Toste Ralph Holt Cherie Safapour Sally Seymour Leslie Simons Diane Richard Birger Salberg Brad Sears Barbara Alexander Hugo Landecker, San Rafael Heritage Cathy Manovi Mayor Phillips Jim Draper Mayor Phillips Sean Mooney Jeff Rhodes spoke on behalf of the SMART Multi -Use Path. Cathy Manovi spoke on privacy issues with SMART construction. CONSENT CALENDAR: 3. Consent Calendar Items: 2 Items 3.d and 3.e held by Mayor Phillips for comment; Item 3.f held by Councilmember McCullough for comment. Councilmember Colin moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar Items: a. Approval of Minutes of Special City Council, and Regular City Council / Successor Agency Meetings for Monday, February 2, 2015 (CC) Minutes CCSA/CCSP 02022015 Approved as submitted b. Call for Applications to Fill One Four -Year Term on the Fire Commission, to the End of March, 2019, Due to Expiration of Term of Larry Luckham (CC) — File 9-2-5 Call for Apps Fire Commission Approved staff recommendation C. Call for Applications to Fill One City of San Rafael Advisory Member Position on the Marin County Hazardous and Solid Waste Management Joint Powers Authority Local Task Force (CC) — File 4-13-96A Call for Apps JPA LTF Approved staff recommendation g. Resolution Authorizing the Public Works Director to Sign a Memorandum of Understanding with the Baypoint Lagoon Homeowners Association Allowing the Baypoint Lagoon Homeowners Association to Maintain City -Owned Street Lights Along Baypoint Drive and Baypoint Village Drive (PW) — File 6-48 Baypoint Lagoons Street Lights MOU RESOLUTION NO. 13876 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION ALLOWING BAYPOINT LAGOON HOMEOWNERS ASSOCIATION TO MAINTAIN CITY - OWNED STREET LIGHTS ALONG BAYPOINT DRIVE AND BAYPOINT VILLAGE DRIVE AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None The following items were held by Mayor Phillips for comment: d. Extension of Emergency Closure of Boyd Park (CS) — File 2-1-9 Extend Boyd Park Closure Mayor Phillips Councilmember McCullough moved and Councilmember Colin seconded to accept report Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None e. Resolution Authorizing Street Closures for the Italian Street Painting Festival Marin from Wednesday, June 24, 2015 Through Monday, June 29, 2015 (ED) — File 11-19 Street Closure - Italian Street Painting Mayor Phillips Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolution AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None The following item was held by Councilmember McCullough for comment: Resolution Approving the Subdivision Map and the Subdivision Improvement Agreement for the Village at Loch Lomond Marina - Phase 2 (PW) — File 5-1-367 Subdivision Agreement Loch Lomond Marina Councilmember McCullough Kevin McGowan, Assistant Public Works Director Councilmember McCullough Kevin McGowan Councilmember Gamblin Kevin McGowan Councilmember Bushey moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION NO. 13878 - RESOLUTION APPROVING THE SUBDIVISION MAP AND THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE VILLAGE AT LOCH LOMOND MARINA - PHASE 2 AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 4 PUBLIC HEARINGS 4. Public Hearings: a. Consideration of an Ordinance of the City Council of the City of San Rafael Adopted as an Urgency Measure Making Findings and Further Extending a Temporary Moratorium on the Establishment and Operation of New Massage Establishments Within the City of San Rafael (CD) — File 9-10-3 Massage Ord. Moratorium Extension Additional Correspondence Received Paul Jensen, Community Development Director, introduced Raffi Boloyan to present the staff report Raffi Boloyan, Community Development Planning Manager, presented the staff report Councilmember Gamblin Raffi Boloyan Councilmember Gamblin / Raffi Boloyan Councilmember Colin / Raffi Boloyan Councilmember Colin / Raffi Boloyan Paul Jensen Councilmember Colin / Raffi Boloyan Mayor Phillips / Raffi Boloyan Mayor Phillips Mayor Phillips / Raffi Boloyan Paul Jensen Mayor Phillips / Paul Jensen Mayor Phillips / Paul Jensen Raffi Boloyan Mayor Phillips Councilmember Gamblin / Raffi Boloyan Councilmember Gamblin / Raffi Boloyan 5 Mayor Phillips declared the public hearing opened Tony Siacotos Kathleen Cheek Michael Langer Devin Wortz Christine Tulis Trish Padilla Rhonda Kutter Scott Riley Stacey DeGooyer Fritzi Schnell Allison Budlong Dillon Siedentopf David Ireland Samantha Chyun Carol Thompson Toby Lopresti Marian Brandenberg Gonzalo Landeros Jonathan Frieman Jeanne Campbell Brigitte Faas Ginny Kelly Karen Isenberg There being no further comment from the audience, Mayor Phillips closed the public hearing 0 Councilmember McCullough Lisa Goldfien Councilmember McCullough / Raffi Boloyan Councilmember McCullough / Raffi Boloyan Councilmember McCullough / Raffi Boloyan Councilmember McCullough / Raffi Boloyan Mayor Phillips Councilmember Colin / Raffi Boloyan Mayor Phillips / Raffi Boloyan Mayor Phillips / Raffi Boloyan Mayor Phillips / Lisa Goldfien Mayor Phillips Raffi Boloyan Mayor Phillips Raffi Boloyan Mayor Phillips Raffi Boloyan Councilmember McCullough / Raffi Boloyan Mayor Phillips Raffi Boloyan Councilmember Bushey Councilmember McCullough Lisa Goldfien Mayor Phillips Councilmember Bushey Lisa Goldfien 7 Councilmember Bushey / Lisa Goldfien Mayor Phillips Councilmember Bushey Lisa Goldfien Mayor Phillips / Lisa Goldfien / Councilmember Bushey Mayor Phillips Councilmember Colin Councilmember McCullough Mayor Phillips Councilmember Gamblin / Lisa Goldfien Councilmember Gamblin / Lisa Goldfien Raffi Boloyan Mayor Phillips Councilmember McCullough Raffi Boloyan Mayor Phillips Councilmember McCullough moved to approve the staff recommendation extending the moratorium through the end of this calendar year, but exempting sole proprietors from the effect of the moratorium. Councilmember McCullough added, that while aspirational and not part of the motion, that staff do their utmost in the next 6 months to determine whether or not the moratorium was of value, vis-a-vis the certified and non -certified establishments, and if so, report back, perhaps before the end of this year, on whether it was worth continuing with the moratorium. Councilmember McCullough moved and Councilmember Bushey seconded to approve the staff recommendation extending the moratorium through the end of this calendar year, but exempting sole proprietors from the effect of the moratorium. Councilmember Gamblin / Mayor Phillips Mayor Phillips Councilmember McCullough / Lisa Goldfien Councilmember McCullough / Lisa Goldfien 0 Councilmember Bushey / Councilmember McCullough Mayor Phillips AYES: Councilmembers: Bushey, Colin & McCullough NOES: Councilmembers: Gamblin & Mayor Phillips MOTION FAILED 3:2 ABSENT: Councilmembers: None Mayor Phillips moved and Councilmember McCullough seconded to accept the staff report and to have staff come back in the course of this year, ideally in six months, with a report to council on the efficacy of the blanket moratorium, and the unintended consequences on sole proprietors. Councilmember Bushey / Mayor Phillips Councilmember McCullough offered an aspirational amendment to the motion: Staff to come back in the course of this year, ideally in six months, with a report to Council on the efficacy of the blanket moratorium, and the unintended consequences on the sole proprietors. Mayor Phillips accepted the narrative following the motion. Mayor Phillips accepted the amendment Councilmember Bushey suggested a further friendly amendment: To give staff ninety days to study the need for the moratorium on sole proprietors and determine if that group could be safely exempted. Mayor Phillips denied the request. Mayor Phillips denied the amendment Councilmember Colin Councilmember McCullough Mayor Phillips Councilmember Colin Mayor Phillips Councilmember Bushey Mayor Phillips Councilmember McCullough Councilmember Bushey Councilmember Colin Mayor Phillips AYES: Councilmembers: Bushey, McCullough & Mayor Phillips NOES: Councilmembers: Colin & Gamblin MOTION FAILED 3:2 ABSENT: Councilmembers: None Meeting Paused and resumed after ten minutes. Mayor Phillips Councilmember McCullough / Lisa Goldfien Councilmember McCullough moved to accept the staff report modifying the period of time to a 6 month moratorium Councilmember McCullough moved and Mayor Phillips seconded to accept report with the amendment of a six month moratorium. Mayor Phillips Councilmember McCullough AYES: Councilmembers: Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: Bushey & Colin MOTION FAILED 3:2 ABSENT: Councilmembers: None Mayor Phillips Councilmember Gamblin Councilmember Gamblin moved to accept Option Number Four: "Do not adopt the urgency ordinance and allow the moratorium to expire, and direct staff to continue their work on determining zoning regulations and any other resources with regard to the ability to work through this issue" Councilmember Gamblin moved and Councilmember Colin seconded to deny the staff report, not adopt the urgency ordinance and allow the moratorium to expire, and direct staff to continue their work on determining zoning regulations and any other resources we have to work through this issue Councilmember McCullough / Councilmember Gamblin Councilmember McCullough / Lisa Goldfien Councilmember McCullough / Lisa Goldfien Mayor Phillips / Lisa Goldfien Raffi Boloyan Mayor Phillips / Raffi Boloyan Raffi Boloyan Mayor Phillips / Raffi Boloyan Mayor Phillips 10 Councilmember Gamblin withdrew his motion Mayor Phillips moved to accept the staff report in its entirety, with the exception of allowing sole practitioners to relocate Councilmember Gamblin clarified that the motion would be exempting the existing sole proprietors allowing them to move their practice if they so desired; however, new sole providers would fall under the moratorium Mayor Phillips moved and Councilmember Gamblin seconded to accept report with the exception of allowing existing sole practitioners to relocate ORDINANCE NO. 1929 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE MAKING FINDINGS AND FURTHER EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY OF SAN RAFAEL AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: Colin MOTION PASSED 4:1 ABSENT: Councilmembers: None b. Resolution Amending the Master Fee Schedule for Services Related to Massage Ordinance Implementation (P14-013) (continued from January 20, 2015) (CD) — File 9-10-2 Amend Master Fee Schedule re: Massage Implementation Paul Jensen, Community Development Director, presented the staff report Councilmember Colin / Paul Jensen Councilmember McCullough Mayor Phillips declared the public hearing opened Lea Wildflower Fritzi Schnell 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. 13879 - RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR SERVICES RELATED TO MASSAGE ORDINANCE IMPLEMENTATION (P14-013) AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 11 OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Informational Report on Climate Change Action Plan and Proposed 2015 City Council Sustainability Priorities (CM) — File 13-1 x 9-3-85 Update on Climate Change Action Plan Cory Bytof, Volunteer & Sustainability Program Coordinator, presented the staff report Mayor Phillips Bill Carney, Sustainable San Rafael Councilmember McCullough Councilmember Colin Councilmember Colin moved and Councilmember Bushey seconded to accept report Accepted report AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None b. Direction Regarding Preferred Downtown SMART Station Design Aesthetic (CM) — File 245 SMART Station Design Aesthetic Nancy Mackle, City Manager, presented the staff report Mayor Phillips Councilmember Colin Councilmember McCullough Councilmember Bushey / Mayor Phillips Nancy Mackle Mayor Phillips Mayor Phillips invited public comment Bill Carney 12 Mayor Phillips There being no further comment from the audience, Mayor Phillips closed public comment Councilmember McCullough moved and Councilmember Bushey seconded to approve direction provided to the Mayor to support Option Two at the SMART board meeting AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 6. City Manager's Report None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 7. Councilmember Reports None SAN RAFAEL SUCCESSOR AGENCY 8. Successor Agency - Consent Calendar None ADJOURNMENT 11:07 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF , 2015 GARY O. PHILLIPS, Mayor 13 14