HomeMy WebLinkAboutCC SA Minutes 2015-05-04IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, May 4, 2015
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Regular Meeting
San Rafael City Council MINUTES
Present: Mayor Phillips
Vice -Mayor McCullough
Councilmember Bushey
Councilmember Colin
Councilmember Gamblin
Absent: None
Also Present: City Manager Nancy Mackle
City Attorney Robert Epstein
City Clerk Esther Beirne
OPEN SESSION - COUNCIL CHAMBERS - 5:00 PM
1. Mayor Phillips announced Closed Session item.
CLOSED SESSION- CITY MANAGER'S CONFERENCE ROOM - 5:00 PM
2. Closed Session:
a. 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 - SEW
City Attorney Robert Epstein announced that no reportable action was taken.
OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM
Jonathan Frieman addressed Council regarding trafficking
Amy Likover addressed Council regarding the San Rafael Depot
Bob Stephens, Citizens for Sustainable Pensions Plan, addressed Council regarding the Grand Jury
Report
Mark Friedlander, Citizens for Sustainable Pensions Plan, emphasized that openness in communications
was very important to interject into normal negotiations.
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Fritzi Schnel referred to a letter submitted to the Marin Independent Journal and urged the use of correct
massage terminology
Rhonda Kutter, Massage Ordinance Advisory Committee, urged the City Council to consider removing
the moratorium on massage establishments. She expressed thanks for the reopening of Boyd Park.
CONSENT CALENDAR:
3. Consent Calendar Items:
Councilmember McCullough moved and Councilmember Bushey seconded to approve Consent Calendar
Items:
a. Approval of Minutes of City Council /Successor Agency Meeting of April 20, 2015 (CC)
Minutes April 20, 2015
APPROVED AS SUBMITTED
b. Call for Applications to Fill One Three -Year Term on the Marin County Commission on
Aging, Due to Expiration of Term of Salamah Locks, with Term to Expire End of June, 2018
(CC) — File 199
Call for Apps - Commission on Aging
APPROVED STAFF RECOMMENDATION
C. Resolution Supporting National Bike to Work Month, May 2015 (CM) — File 102
RESOLUTION 13914 - RESOLUTION SUPPORTING NATIONAL BIKE TO WORK MONTH, MAY 2015
d. Resolution of Appreciation to all Small Businesses in San Rafael and Designation of May
4 - 8, 2015 as Small Business Week (ED) — File 102
Appreciation Small Businesses
RESOLUTION 13915 - RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN
RAFAEL AND DESIGNATION OF MAY 4-8, 2015 AS SMALL BUSINESS WEEK
e. Accept Investment Report for the Quarter Ending March 31, 2015 (Fin) — File 8-18 x 8-9
CC Quarterly Investment Report
ACCEPTED REPORT
Resolution Authorizing the City Manager to Execute Agreements to Allow the San Rafael
Fire Department to Participate in an Intergovernmental Transfer with the California
Department of Health Care Services (DHCS) in order to Increase the Department's
Reimbursement for EMS Ambulance Transport Services Provided to County Health Plan
(Partnership Health Plan) Members for Fiscal Year 2013-2014 (FD) — File 9-3-31
Increase EMS Ambulance Transport Services
RESOLUTION 13916 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS TO ALLOW THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN
INTERGOVERNMENTAL TRANSFER WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE
SERVICES (DHCS) IN ORDER TO INCREASE THE DEPARTMENT'S REIMBURSEMENT FOR EMS
AMBULANCE TRANSPORT SERVICES PROVIDED TO COUNTY HEALTH PLAN (PARTNERSHIP
HEALTH PLAN) MEMBERS FOR FY 2013-2014
g. Resolution Supporting National Police Week 2015 (PD) — File 102 x 9-3-30
RESOLUTION 13917 - RESOLUTION SUPPORTING NATIONAL POLICE WEEK 2015
h. Report on Bid Opening and Resolution Awarding a Contract for the San Rafael Avenue
Curb Ramps, City Project No. 11250, to Ghilotti Construction Company in the Amount of
$157,314.00 (PW) — File 4-1-666
Award Bid San Rafael Ave Curb Ramps
RESOLUTION 13918 - RESOLUTION AWARDING A CONTRACT FOR THE SAN RAFAEL AVENUE
CURB RAMPS PROJECT, CITY PROJECT NO. 11250, TO GHILOTTI CONSTRUCTION COMPANY IN
THE AMOUNT OF $157,314.00
Resolution Authorizing the Acting Public Works Director to Amend a Funding Agreement
with the Sonoma -Marin Area Rail Transit District to Perform Construction Work
Associated with Various Roadway Infrastructure Improvements in an Amount Not to
Exceed $300,000, Increasing the Total Not to Exceed Amount Under the Agreement to
$450,000 (PW) — File 245
Amend SMART Funding Agr.
RESOLUTION 13919 - RESOLUTION AUTHORIZING THE ACTING PUBLIC WORKS DIRECTOR TO
AMEND A FUNDING AGREEMENT WITH THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT TO
PERFORM CONSTRUCTION WORK ASSOCIATED WITH VARIOUS ROADWAY INFRASTRUCTURE
IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $300,000, INCREASING THE TOTAL NOT TO
EXCEED AMOUNT UNDER THE AGREEMENT TO $450,000
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
SPECIAL PRESENTATIONS:
4. Special Presentations:
a. Presentation of Resolution of Appreciation to Support Bike to Work Month (CM)
Mayor Phillips presented the Resolution of Appreciation for National Bike to Work Month to DJ Allison,
Bicycle & Pedestrian Advisory Committee
b. Presentation of Resolution of Appreciation for Small Business Week (ED)
Mayor Phillips
Joanne Webster, Chamber of Commerce
Mayor Phillips presented the Resolution of Appreciation for Small Businesses to the Business
Improvement District and San Rafael Chamber of Commerce
Joanne Webster
C. Presentation of Resolution of Appreciation for National Police Week 2015 (PD)
Mayor Phillips presented the Resolution of Appreciation for National Police Week to the San Rafael
Police Department
Chief of Police Diana Bishop
PUBLIC HEARINGS
5. Public Hearings:
a. Consideration to Adopt an Ordinance to Establish a Tax Rate for Fiscal Year 2015-2016 for
Paramedic Services for Both Residential and Non -Residential Properties in the City of San
Rafael, CSA 13, CSA 19 and Marinwood CSD as Provided for in the Voter Approved
Paramedic Services Special Tax (Fin) — File 9-12-1 x 9-3-31
Paramedic Tax
Mark Moses, Finance Director, presented the staff report
Mayor Phillips declared public hearing opened
There being no comment from the audience, Mayor Phillips closed the public hearing
The title of the ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING THE
PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2015-2016, AT THE RATES
ESTABLISHED IN ORDINANCE NO. 1911 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)
Councilmember Colin 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. 1930 to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. 39 Trellis Drive (Mark Day School)
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Request to Amend Planned Development (PD -1760) District, Amend Master Use Permit
and Approve an Environmental and Design Review Permit to Permit the Demolition of an
Existing 3,935 square -foot Administration Building and Construct new 11,270 square -foot,
Administration/Library Building for Mark Day School; APN: 175-060-01; Ted Lieser for
Equity Community Builders, LLC Applicant; Joe Harvey for Mark Day School, Lessor;
Dixie School District, Property Owner (CD) — File 10-2 x 10-3
Mark Day School
Councilmember Colin announced she would not participate in this item due to a potential conflict of
interest; she therefore, recused herself and left the Council Chambers
Councilmember McCullough read a statement explaining that having consulted with the City attorney on
this item, he was confident he did not have a disqualifying conflict of interest under the Political Reform
Act.
Paul Jensen, Community Development Director, commented on the project and introduced Steve
Stafford, Associate Planner
Steve Stafford, Associate Planner, presented the staff report
Mayor Phillips declared public hearing opened
Joe Harvey, Head of Mark Day School
Scott Shell, Principal at EHDD Architecture, presented the design
Kathryn Gutierrez, Mark Day School student
Hunter Holsebus, Mark Day School student
Ramona Dewayne, Mark Day School student
Ben Blum, Mark Day School graduate
Mayor Phillips
Kysa, Mark Day School student
Betty Jordan, former Vallecito School Principal
Beth Silver
Tracey Katon, Mark Day School teacher
Laura Slanec
Dara Thompson
Bonnie Nishihara, Assistant Head for Educational Design & Innovation at Mark Day School
Ray Lorber, North San Rafael Coalition of Residents
Matt Foley
Phil Gutierrez
Ruel Brady, President of Terra Linda Homeowners Association
Mayor Phillips
Sally Matsushi, Executive Director of Next Generation Scholars
Ashley Ransom
Carly Garcia
Aprina Budrasia
Bill Carney, Sustainable San Rafael
Carolyn Lenert, Terra Linda Cares
Tamala Phish
Jonathan Owen
Stephanie Lusich
Bill Martin, Mark Day School parent
Pat Long
Lynn Yamoto, Mark Day School parent
Wendy Levine
Andrew Callahara, Mark Day School parent
Vijay Chata, Mark Day School parent
Diane Allen
Alexander Norman
There being no further comment from the audience, Mayor Phillips closed the public hearing
Mayor Phillips
Mayor Phillips
Councilmember Gamblin / Scott Shell
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Councilmember Gamblin / Joe Harvey
Scott Shell
Councilmember Gamblin / Scott Shell
Councilmember Bushey / Scott Shell
Councilmember Bushey / Scott Shell
Councilmember McCullough / Steve Stafford
Councilmember McCullough / Steve Stafford
Councilmember McCullough / Joe Harvey
Councilmember McCullough / Joe Harvey
Councilmember McCullough / Joe Harvey
Mayor Phillips
Mayor Phillips / Paul Jensen
Mayor Phillips / Scott Shell
Mayor Phillips / Joe Harvey
Mayor Phillips
Councilmember McCullough
Councilmember McCullough / Joe Harvey
Councilmember McCullough
Joe Harvey
Councilmember Gamblin / Joe Harvey
Councilmember Gamblin / Joe Harvey
Nancy Mackle, City Manager
Councilmember Gamblin / Scott Shell
Mayor Phillips / Joe Harvey
Mayor Phillips
Mayor Phillips / Joe Harvey
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Councilmember Bushey / Mayor Phillips
Mayor Phillips / Joe Harvey
Councilmember Bushey / Mayor Phillips
Councilmember Bushey / Mayor Phillips
Councilmember Bushey / Mayor Phillips
Mayor Phillips
Councilmember McCullough
Mayor Phillips
Councilmember McCullough
Councilmember Bushey
Councilmember Gamblin
Mayor Phillips
Councilmember McCullough - accept staff's recommendation to adopt the resolution subject to the
conditions previously discussed: 1) The school's commitment to raising the sill height on the south end
of the building by a foot, in deference to the neighbors at 47 Trellis; 2) The school's promise to install a
crossing -guard, at least during construction hours; however, also to look into having a crossing -guard in
place during regular school hours going forward, and its commitment, as a condition of approval to
achieve a 20% reduction over the 2000 baseline, in its trip count during the AM period, and to meet with
staff in an attempt to achieve a further reduction of 5%, as previously promised.
Paul Jensen
Councilmember McCullough
Paul Jensen
Councilmember McCullough / Paul Jensen
The title of the ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REZONING CERTAIN
REAL PROPERTY FROM PLANNED DEVELOPMENT (PD 1760) DISTRICT TO A REVISED PLANNED
DEVELOPMENT (PD -1931) DISTRICT TO ALLOW THE REPLACEMENT OF AN EXISTING SINGLE -
STORY ADMINISTRATION BUILDING WITH A NEW, TWO-STORY ADMINISTRATION/LIBRARY
BUILDING AND MINOR SITE IMPROVEMENTS ON THE MARK DAY SCHOOL (FORMERLY ST.
MARK'S SCHOOL) CAMPUS LOCATED AT 39 TRELLIS DR. (ZC14-001)
Councilmember McCullough moved and Councilmember Bushey seconded to dispense with the reading
of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1931 to print by
the following vote, to wit:
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AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Colin
Councilmember McCullough
Paul Jensen
Councilmember McCullough clarified the percentage breakdown for AM peak hour trip reduction
Paul Jensen addressed the condition of crossing guards
Steve Stafford
Paul Jensen
Councilmember McCullough clarified his proposal regarding crossing guards
Councilmember Gamblin / Joe Harvey
Paul Jensen addressed the condition of the raised windowsill height
Mayor Phillips
Councilmember McCullough / Paul Jensen / Mayor Phillips
Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution
subject to the conditions previously discussed: 1) The school's commitment to raising the sill height on
the south end of the building by a foot, in deference to the neighbors at 47 Trellis; 2) The school's promise
to install a crossing -guard, at least during construction hours; however, also to look into having a
crossing -guard in place during regular school hours going forward; 3) Commitment, as a condition of
approval, to achieve a 20% reduction over the 2000 baseline, in its trip count during the AM period, and
to meet with staff in an attempt to achieve a further reduction of 5%, as previously promised, by May
2017.
RESOLUTION 13920 - RESOLUTION APPROVING AN AMENDMENT TO THE MASTER USE PERMIT
(UP14-027) AND CONDITIONAL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED14-086) TO ALLOW THE DEMOLITION OF AN EXISTING 3,935 SQ. FT., SINGLE -STORY
ADMINISTRATION BUILDING AND THE CONSTRUCTION OF A NEW 11,270 SQ. FT., MULTI -STORY
ADMINISTRATION/LIBRARY BUILDING AND ASSOCIATED PARKING, LANDSCAPING AND
FENCING SITE IMPROVEMENTS ON THE MARK DAY SCHOOL (FORMERLY ST. MARK'S SCHOOL)
CAMPUS, LOCATED AT 39 TRELLIS DRIVE (APN: 175-060-01)
AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Colin
OTHER AGENDA ITEMS:
6. Other Agenda Items:
a. Report and Recommendation Regarding Marin County Council of Mayors and
Councilmembers (MCCMC) Homelessness Subcommittee Proposal for Funding a
Community Homeless Fund (CC) — File 9-2-67
Community Homeless Fund
Attachment A
Councilmember Colin returned to the Council Chambers at 9:56 p.m.
Nancy Mackle introduced Councilmember Colin
Councilmember Colin presented the staff report
Nancy Mackle presented the fiscal implications of the staff report
Councilmember Gamblin
Councilmember McCullough
Mayor Phillips invited public comment
Pat Langley
San Rafael resident and business owner in San Rafael
Patty Burke
John Reynolds
Betty Cray
Mayor Phillips closed public comment period.
Councilmember Bushey
Mayor Phillips
Councilmember Bushey
Councilmember Bushey moved and Councilmember Colin seconded to accept report
Accepted Report
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
b. Boards and Commissions Annual Reports:
Councilmember Gamblin
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Nancy Mackle
1) Annual Update Presentation from the Americans with Disabilities Access Advisory
Committee (PW) — 9-2-56
ADA Update
Ewen McKechnie, Americans with Disabilities Access Advisory Committee Chair, provided Council with
an update
Mayor Phillips
Councilmember Gamblin
2) Annual Update Presentation from the Citizens Advisory Committee on Economic
Development and Affordable Housing (ED) — File 9-2-65
CAC Update
Councilmember Gamblin introduced Bill Carney
Bill Carney, Citizens Advisory Committee on Economic Development & Affordable Housing Chair,
provided the Council with an update
Councilmember Colin
Mayor Phillips
Councilmember McCullough
Councilmember Gamblin moved and Councilmember Colin seconded to accept report from Boards and
Commissions
Accepted Reports
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
C. Review of the Preliminary City Operating Budget for Fiscal Year 2015-2016 (Fin) — File 8-5
Preliminary City Operating Budget
Nancy Mackle
Mark Moses, Finance Director, presented the staff report
Nancy Mackle
Mark Moses
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Nancy Mackle
Mark Moses
Mayor Phillips / Mark Moses
Mayor Phillips / Mark Moses
Mark Moses
Nancy Mackle
Mark Moses
Mayor Phillips
Councilmember McCullough / Mark Moses
Mayor Phillips
Mayor Phillips invited public comment
Stacey DeGooyer, Massage Ordinance Advisory Committee
Mayor Phillips closed public comment
Mayor Philips / Mark Moses
Jim Schutz, Assistant City Manager
Mark Moses
Mayor Phillips / Mark Moses
Mayor Phillips
Nancy Mackle
Councilmember Gamblin / Mark Moses
Councilmember Gamblin / Mark Moses
Councilmember Colin
Councilmember Colin
Mayor Phillips
Councilmember McCullough moved and Councilmember Bushey seconded to accept report
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Accepted Report
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
CITY MANAGER'S REPORT:
7. City Manager's Report
None
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234
Reports on Meetings and Conferences Attended at City Expense)
8. Councilmember Reports
Councilmember Colin will be attending the Marin County Board of Supervisors meeting on May 5,
2015 to accept the Green Award on behalf of the City
Councilmember Gamblin stated that he would be attending the dedication of an art piece, to be
held at the Plaza on May 5, 2015 at 11:15 a.m., and he attended his first May Madness Car Parade on
Saturday, May 2, 2015
Mayor Phillips announced the Swearing in Ceremony of a new Police Officer to take place on
May 5, 2015 at 1:OOpm
SAN RAFAEL SUCCESSOR AGENCY
9. Consent Calendar:
Member Bushey moved and Member McCullough seconded to approve Consent Calendar:
a. Accept Investment Report for San Rafael Successor Agency for the Quarter Ending March
31, 2015 (Fin) — File SA Financial Reports
SA Quarterly Investment Report
Accepted Report
AYES: Members: Bushey, Colin, Gamblin, McCullough & Chairman Phillips
NOES: Members: None
ABSENT: Members: None
ADJOURNMENT: 11:18pm
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2015
GARY O. PHILLIPS, Mayor
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