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HomeMy WebLinkAboutCC Minutes 2012-10-01IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, October 1, 2012 MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips Vice -Mayor Levine Councilmember Connolly Councilmember Heller Councilmember McCullough City Manager Nancy Mackle City Attorney Robert Epstein Assistant City Attorney Lisa Goldfien City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS: - 6:00 PM 1. None CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM: - 6:00 PM 2. Closed Session: None ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM The following members of the public addressed the City Council in Open Time: Jim Chestnut, Spinnaker Point. Mayor Phillips Barry Taranto - Proposition 37. Mayor Phillips Judy Schriebman (Clapella, the Clapper Rail) - San Rafael Airport Soccer Complex. Katherine De Silva Jain - San Rafael Soccer Complex. 1 CONSENT CALENDAR: Councilmember Heller moved and Councilmember Connolly seconded to approve the Consent Calendar Items as follows: 3. Consent Calendar Items: a. Approval of Minutes of City Council / Successor Agency Meetings of September 17, 2012 (CC) Minutes 9/17/2012 Minutes approved as submitted. b. Second Reading and Final Adoption of Ordinance No. 1907 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.92 PROHIBITING THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD PACKAGING (CM) — File 13-1 Ordinance 1907 Approved final adoption of Ordinance No. 1907. C. Resolution Authorizing City Manager to Execute a Contract with HF&H Consultants, LLC in an Amount Not to Exceed $75,000 for Work on the Refuse Rates and Services for the Cities of San Rafael and Larkspur, Town of Ross, Las Gallinas Valley Sanitary District and Ross Valley -South (CM) — File 4-3-306 HF&H Contract RESOLUTION NO. 13417 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HF&H CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $75,000 FOR WORK ON THE REFUSE RATES AND SERVICES FOR THE CITIES OF SAN RAFAEL AND LARKSPUR, TOWN OF ROSS, LAS GALLINAS VALLEY SANITATION DISTRICT AND ROSS VALLEY - SOUTH d. Resolution of Appreciation for Cindy Fox, Pickleweed Children's Center, Retiring After 30 Years of Service to the City of San Rafael (CS) — File 102 x 9-3-65 RESOLUTION NO. 13418 - RESOLUTION OF APPRECIATION FOR CINDY FOX, PICKLEWEED CHILDREN'S CENTER, RETIRING AFTER 30 YEARS OF SERVICE TO THE CITY OF SAN RAFAEL e. Resolution Authorizing a Temporary Street Closure for the Annual Parade of Lights and Winter Wonderland on A Street from Third Street to Fifth Avenue and Fourth Street from Lootens Place to B Street on November 23 and 24, 2012 (ED) — File 11-19 Street Closure - Parade of Lights RESOLUTION NO. 13419 - RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE FOR THE ANNUAL PARADE OF LIGHTS AND WINTER WONDERLAND ON A STREET FROM THIRD STREET TO FIFTH AVENUE AND FOURTH STREET FROM LOOTENS PLACE TO B STREET ON NOVEMBER 23 AND 24, 2012 2 Resolution Authorizing a Temporary Street Closure for the Fifth Annual Marin County Triathlon of Pt. San Pedro Road from Riviera Drive to Biscayne Drive on November 3, 2012 from 7:30 a.m. to 10:00 a.m. and on November 4, 2012 from 7:30 a.m. - 1:00 p.m. (ED) — File 11-19 Street Closure - Triathlon RESOLUTION NO. 13420 - RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSURE FOR THE FIFTH ANNUAL MARIN COUNTY TRIATHLON OF PT. SAN PEDRO ROAD FROM RIVIERA DRIVE TO BISCAYNE DRIVE ON NOVEMBER 3, 2012 FROM 7:30 A.M. TO 10:00 A.M. AND ON NOVEMBER 4, 2012 FROM 7:30 A.M. TO 1:00 P.M. g. Adopt Plans and Specifications for Construction of the ADA -DOJ Curb Ramp 2012-2013 Project, City Project No. 15006, and Authorize the City Clerk to Call for Bids (PW) — File 4-1-637 Plans & Specifications Curb Ramps 2012-2013 Approved staff recommendation. h. Resolution Authorizing the Public Works Director to Sign the Memorandum of Understanding with Eight Local Jurisdictions Exchanging City of San Rafael Local Funding with these Jurisdictions' STP/CMAQ Federal Funding (PW) — File 170 x 9-3-40 MOU Local Funding ADOPTED RESOLUTION NO. 13421 - RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH EIGHT LOCAL JURISDICTIONS EXCHANGING CITY OF SAN RAFAEL LOCAL FUNDING WITH THESE JURISDICTIONS' STP/CMAQ FEDERAL FUNDING AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation of Resolution of Appreciation to Cindy Fox, Pickleweed Children's Center (CS) Mayor Phillips presented Resolution of Appreciation to Cindy Fox. Cindy Fox OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Resolution Approving the Second Amendment to the Amendment and Restatement of Collection Agreement of the City of San Rafael with Marin Sanitary Service (CM) - File 4-3-32 MSS Amendment to Restatement Agr. Stephanie Lovette, Economic Development Manager, presented the first part of the staff report. Jim Schutz, /Assistant City Manager, continued the staff report presentation. City Council questions and comments: Councilmember McCullough / Jim Schutz Councilmember Heller Bob Hilton, HF&H Consultants Councilmember Connolly /Councilmember Heller / Bob Hilton Councilmember McCullough Bob Hilton / Councilmember McCullough Mayor Phillips / Bob Hilton Jim Schutz Public Comment: Bill Carney, Chair, Sustainable San Rafael Barry Taranto Mayor Phillips Patti Garbarino, President, Marin Sanitary Service Councilmember Connolly Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution Mayor Phillips RESOLUTION NO. 13422 - RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None 4 PUBLIC HEARING 6. Public Hearing: a. Consideration of Ordinance Repealing San Rafael Municipal Code (SRMC) Chapter 8.14 Entitled "Indoor Air and Health Protection" and Adding a New Chapter 9:04 Entitled "Clean Indoor And Outdoor Air and Health Protection" (CM) — File 13-1 Smoking Ordinance Rebecca Woodbury, Management Analyst, presented the staff report. Bob Curry, Tobacco Program Coordinator, County of Marin Councilmember Levine Bob Curry Councilmember Heller Rebecca Woodbury Mayor Phillips Councilmember Levine Lisa Goldfien, Assistant City Attorney Councilmember Connolly Rebecca Woodbury Bob Curry Mayor Phillips / Bob Curry Councilmember Connolly Rebecca Woodbury / Councilmember Connolly Nancy Mackle, City Manager Mayor Phillips Rebecca Woodbury Mayor Phillips declared the public hearing opened 5 Public Comment: Michael Harr Robert Epstein, City Attorney / Michael Harr Zack Edison Rebecca Woodbury Jane Levinson Elizabeth Emerson, Public Health Policy Consultant Elizabeth Emerson / Judith Derenzo, Bay Area Community Resources- Video Jan Collier Jonathan Frieman Pam Grainger, American Lung Association Eraina VonStauffen / Morven Seib Brad Flaherty Michael Mullins Ryan Fowler There being no further comment from the audience, Mayor Phillips closed the public hearing. Councilmember Heller Lisa Goldfien / Mayor Phillips Rob Epstein Councilmember McCullough Councilmember Levine Councilmember Connolly Mayor Phillips Moved: Councilmember Connolly - Seconded: Councilmember Levine Councilmember McCullough: Councilmember Heller - friendly amendment 0 Mayor Phillips Councilmember Connolly Rebecca Woodbury Councilmember McCullough Mayor Phillips Councilmember Levine Nancy Mackle Councilmember McCullough Councilmember Heller Nancy Mackle The title of the ordinance was read: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SAN RAFAEL MUNICIPAL CODE (SRMC) CHAPTER 8.14 ENTITLED "INDOOR AIR AND HEALTH PROTECTION" AND ADDING A NEW CHAPTER 9:04 ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION." Councilmember Connolly moved and Councilmember Levine seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1908 to print by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None CITY MANAGER'S REPORT: Nancy Mackle COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on conferences and meetinqs attended at City expense: 8. Councilmember Reports Councilmember Heller Mayor Phillips Councilmember Levine 7 Mayor Phillips / Councilmember Levine SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency Item - Consent Calendar None ADJOURNMENT 9:27 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12012 GARY O. PHILLIPS, Mayor w