Loading...
HomeMy WebLinkAboutCC Minutes 2012-07-16IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, July 16, 2012 M"" C 11? .F,I. . MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips, Councilmembers: Connolly, McCullough City Attorney, Robert Epstein, City Manager, Nancy Mackie, City Clerk, Esther Beirne Absent: Vice -Mayor Levine, Councilmember Heller OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM Mayor Phillips announced Closed Session item. CLOSED SESSION - CONFERENCE ROOM 201 - 6:00 PM 2. a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: City of San Rafael v. Marion Hill, Trustee, et al. Marin County Superior Court Case # CIV 1001364 City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM Stuart Moody, Green Sangha, introduced teenage members of the Teen Environmental Leadership Academy (TELA) and Youth for Justice, who would address the issue of Alcopops. Xania Bytof, Joe Feria, Jessica Sanchez and Abigail Benetiz requested City Council support for their campaign to remove Alcopops from stores in the Canal Area. Maite Duran, Youth for Justice, and TELA submitted copy of a Marin County Board of Supervisors' resolution. Mayor Phillips Councilmember Connolly Councilmember McCullough Barry Taranto addressed the issues of Alcopops, retail occupancy at Marin Square, "Move to Amend", community sponsored events and the proposed smoking ordinance. Mayor Phillips 1 CONSENT CALENDAR: Councilmember Connolly moved and Councilmember McCullough seconded to approve the Consent Calendar as follows: 3. Consent Calendar Items: a. Approval of Minutes of City Council and Successor Agency Meetings of June 18 and July 2, 2012. Minutes 6/18/12 Minutes 7/2/12 Minutes approved as submitted. b. Appointment of Gary T. Ragghianti to fill an unexpired four-year term to the end of September, 2014 on the Special Library Parcel Tax Oversight Committee - Measure 'C' (CC) — File 9-2-62 Appointment to Measure C Committee Gary T. Ragghianti appointed to fill the unexpired term on the Special Library Parcel Tax Oversight Committee C. Resolution Authorizing the Temporary Closure of Mission Avenue Between C Street and E Street for the 6th Annual San Rafael Food and Wine Festival on Saturday, August 11, 2012(CS) — File 11-19 Food and Wine Festival Street Closure RESOLUTION NO. 13384 - AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE BETWEEN C STREET AND E STREET FOR THE 6TH ANNUAL SAN RAFAEL FOOD AND WINE FESTIVAL ON SATURDAY, AUGUST 11, 2012 AYES: Councilmembers: Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller, Levine PUBLIC HEARINGS 4. Public Hearings: a. Baypoint Lagoons Landscaping and Lighting District: Resolution Confirming Diagram and Assessment and Levying Assessment for Fiscal Year 2012-2013 (PW) — File 6-48 Baypoint Lagoons Nader Mansourian, Public Works Director, presented the staff report. Mavor Phillips declared the public hearinq opened and there beinq no comment from the audience, he closed the public hearinq. 2 Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution RESOLUTION NO 13385 - RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2012-2013 BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) AYES: Councilmembers: Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller, Levine b. Pt. San Pedro Median Landscaping Assessment District: Resolution Confirming the Engineer's Annual Levy Report for the Pt. San Pedro Median Landscaping Assessment District; the Assessment Diagram connected therewith; and ordering the Levy and Collection of Assessments for Fiscal Year 2012/2013 (PW) — File 6-56 Pt. San Pedro Assessment District Nader Mansourian, Public Works Director, presented the staff report. Mayor Phillips declared the public hearing opened, and there being no comment from the audience, he closed the public hearing. Councilmember Connolly moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION NO. 13386 - RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO MEDIAN LANDSCAPING ASSESSMENT DISTRICT; THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2012/2013 AYES: Councilmembers: Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller, Levine C. Ordinance of the City of San Rafael Amending Chapter 8.18 of the San Rafael Municipal Code Entitled "Alcoholic Beverages", Concerning Regulation of the Consumption of an Alcoholic Beverage and the Possession of an Open Container of an Alcoholic Beverage on City Property or on Posted Private Property (PD) - File 9-1- x 9-3-30 Open Container Ordinance Lt. Ralph Pata presented the staff report Councilmember Connolly / Lt. Pata Councilmember McCullough / Lt. Pata Mayor Phillips declared the public hearing opened. Public Comment: Barry Taranto Mike Soldavini Samantha Sargent, San Rafael Community Coalition. Hugo Landecker Mayor Phillips Steve Boyer, St. Vincent de Paul Society There being no further comment from the audience, Mayor Phillips closed the public hearing. Councilmember Connolly Robert Epstein, City Attorney Nancy Mackle, City Manager Robert Epstein Councilmember McCullough Lt. Pata Mayor Phillips / Lt. Pata Mayor Phillips The title of the Ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 8.18 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED "ALCOHOLIC BEVERAGES", CONCERNING REGULATION OF THE CONSUMPTION OF AN ALCOHOLIC BEVERAGE AND THE POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE ON CITY PROPERTY OR ON POSTED PRIVATE PROPERTY Councilmember McCullough moved and Councilmember Connolly seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only and pass Ordinance No. 1906 to print, by the following vote, to wit: AYES: Councilmembers: Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller, Levine OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Resolution Authorizing the City's Purchase of the Pt. San Pedro Road Median Landscaping Assessment District Limited Obligation Improvement Bonds (Fin) - File 6-56 4 San Pedro Median Limited Obligation Bonds Mark Moses, Interim Finance Director, presented the staff report. Councilmember McCullough / Mark Moses Craig Hill, NHA Advisers Councilmember Connolly / Mayor Phillips Councilmember McCullough / Mark Moses Mayor Phillips / Mark Moses Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution RESOLUTION NO. 13387 — RESOLUTION AUTHORIZING THE CITY'S PURCHASE OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT LIMITED OBLIGATION IMPROVEMENTBONDS AYES: Councilmembers: Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller, Levine b. Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael Response to the 2011-2012 Marin County Grand Jury Report Entitled "Pre-Schoolers Learn to Share -Can Local Governments?" (CM) - File 269 Grand Jury Responses - Shared Services City Manager Nancy Mackle presented the staff report. Councilmember McCullough / Nancy Mackle Mayor Phillips Councilmember Connolly / Mayor Phillips Councilmember Connolly moved and Councilmember McCullough seconded to adopt the Resolution. RESOLUTION NO. 13388 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2011-2012 MARIN COUNTY GRAND JURY REPORT ENTITLED "PRE-SCHOOLERS LEARN TO SHARE -CAN LOCAL GOVERNMENTS?" AYES: Councilmembers: Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller, Levine CITY MANAGER'S REPORT: None 5 COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on meetinqs and conferences attended at Citv expense. Mayor Phillips reported on various meetings and activities he is involved with. SAN RAFAEL SUCCESSOR AGENCY: 8. Successor Agency Item: a. Resolution of the San Rafael Successor Agency Approving a Payment to the Marin County Auditor -Controller to Satisfy Demand for Reimbursement of Property Tax Funds Pursuant to Assembly Bill 1484 (ED) — File SA1 — staff reports Reimbursement Nancy Mackle presented the staff report. Mayor Phillips Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution RESOLUTION NO. 09-2012 — RESOLUTION APPROVING A PAYMENT TO THE MARIN COUNTY AUDITOR -CONTROLLER TO SATISFY DEMAND FOR REIMBURSEMENT OF PROPERTY TAX FUNDS PURSUANT TO ASSEMBLY BILL 1484 AYES: Members: Connolly, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: Heller, Levine ADJOURNMENT: 8:15 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12012 GARY O. PHILLIPS, MAYOR 0