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Home My WebLink AboutCC Minutes 2012-11-19IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, November 19, 2012 MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips, Vice -Mayor Levine, Councilmembers: Connolly, Heller, McCullough City Manager Nancy Mackle, Assistant City Manager Jim Schutz, City Attorney Robert Epstein, Assistant City Attorney Lisa Goldfien Deputy City Clerk Jeanne Leoncini, Deputy City Clerk Jeannie Courteau OPEN SESSION - COUNCIL CHAMBERS: 1. NONE CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM: 2. Closed Session: NONE ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM David Mayer CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember Levine moved and Councilmember Heller seconded to Approve the Consent Calendar as follows: a. Approval of Minutes of City Council / Successor Agency Meeting of October 15, 2012 (CC) Minutes 10/15/2012 Approved as submitted b. Resolution of Appreciation to Helen Yu, Employee of the Quarter Ending September 2012 (Fin) File No. 102 x 9-3-20 Helen Yu RESOLUTION NO. 13434 — RESOLUTION OF APPRECIATION FOR HELEN YU, EMPLOYEE OF THE QUARTER ENDING SEPTEMBER 15, 2012 1 C. Resolution Authorizing the City Manager to Execute an Agreement for Professional Planning Services with Lisa Newman (d.b.a. Newman Planning Associates) for Assistance Needed to Prepare an Initial Study and Environmental Impact Report (EIR) for the Redevelopment of Four Parcels Located at 809 B St and 1212 and 1214 Second Street. (Terms of Agreement: Through November 19, 2013, with a Total Amended Budget Amount Not to Exceed $69,600.00. All Costs to be Reimbursed to the City Through Cost Recovery from Project Developer) (CD) File No. 4-3-540 Prof Agr Lisa Newman RESOLUTION NO. 13435 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LISA NEWMAN (D.B.A. NEWMAN PLANNING ASSOCIATES) FOR ASSISTANCE NEEDED TO PREPARE AN INITIAL STUDY AND ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE REDEVELOPMENT OF FOUR PARCELS LOCATED AT 809 B ST AND 1212 AND 1214 SECOND STREET. (TERMS OF AGREEMENT: THROUGH NOVEMBER 19, 2013, WITH A TOTAL AMENDED BUDGET AMOUNT NOT TO EXCEED $69,600.00. ALL COSTS TO BE REIMBURSED TO THE CITY THROUGH COST RECOVERY FROM PROJECT DEVELOPER d. Call for Applications to Fill Three, Three -Year Terms (Including One Alternate Term) to the End of November 2015 on the Bicycle & Pedestrian Advisory Committee Due to the Expiration of Terms of Committee Members Don Magdanz, Sara Sonnet and Jane Middleton (Alternate) (CC) File No. 9-2-55 Call For Apps Bicycle & Ped Approved staff recommendation e. Resolutions of Appreciation to Members of the Civic Center Station Area Plan Citizens' Advisory Committee (CM) File No. 102 x 9-2-63 Emily Dean Brigitte Moran Bob Huntsburry Mike Fryer Jeff Schoppert Stanton Klose Elissa Giambastiani Roger Smith Preston McCoy Nicholas Kapas Jean Starkweather Larry Paul Greg Knell Tammy Taylor Judy Schriebman Marcus Lee Gayle Theard Casey Mazzoni Andrew Patterson Rich McGrath Craig Thomas Yates Appreciation Civic Center Advisory RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO RESOLUTION NO 13436 - RESOLUTION OF APPRECIATION TO EMILY DEAN 13437 - RESOLUTION OF APPRECIATION TO MIKE FRYER 13438 - RESOLUTION OF APPRECIATION TO ELISSA GIAMBASTIANI 13439 - RESOLUTION OF APPRECIATION TO NICHOLAS KAPAS 13440 - RESOLUTION OF APPRECIATION TO GREG KNELL 13441 - RESOLUTION OF APPRECIATION TO MARCUS LEE 13442 - RESOLUTION OF APPRECIATION TO CASEY MAZZONI 13443 - RESOLUTION OF APPRECIATION TO RICH McGRATH 13444 - RESOLUTION OF APPRECIATION TO BRIGITTE MORAN 13445 - RESOLUTION OF APPRECIATION TO JEFF SCHOPPERT 13446 - RESOLUTION OF APPRECIATION TO ROGER SMITH 13447 - RESOLUTION OF APPRECIATION TO JEAN STARKWEATHER 13448 - RESOLUTION OF APPRECIATION TO TAMMY TAYLOR 13449 - RESOLUTION OF APPRECIATION TO GAYLE THEARD 13450 - RESOLUTION OF APPRECIATION TO ANDREW PATTERSON 2 RESOLUTION NO. 13451 - RESOLUTION OF APPRECIATION TO CRAIG THOMAS YATES RESOLUTION NO. 13452 - RESOLUTION OF APPRECIATION TO BOB HUNTSBURRY RESOLUTION NO. 13453 - RESOLUTION OF APPRECIATION TO STANTON KLOSE RESOLUTION NO. 13454 - RESOLUTION OF APPRECIATION TO PRESTON McCOY RESOLUTION NO. 13455 - RESOLUTION OF APPRECIATION TO LARRY PAUL RESOLUTION NO. 13456 - RESOLUTION OF APPRECIATION TO JUDY SCHRIEBMAN Resolution Approving Personnel Actions to Create the Classifications of Senior Accountant, Sewer Lead Maintenance Worker, and Volunteer Program Assistant, to Reclassify One Accountant II and Two Sewer Maintenance Worker III Positions, to Change the Accounting Supervisor Job Title, and to Replace One Associate Engineer Position with an Assistant Civil Engineer Position (MS) File No. 7-3 Personnel Actions RESOLUTION NO. 13457 — RESOLUTION APPROVING PERSONNEL ACTIONS TO CREATE THE CLASSIFICATIONS OF SENIOR ACCOUNTANT, SEWER LEAD MAINTENANCE WORKER, AND VOLUNTEER PROGRAM ASSISTANT, TO RECLASSIFY ONE ACCOUNTANT II AND TWO SEWER MAINTENANCE WORKER III POSITIONS, TO CHANGE THE ACCOUNTING SUPERVISOR JOB TITLE, AND TO REPLACE ONE ASSOCIATE ENGINEER POSITION WITH AN ASSISTANT CIVIL ENGINEER POSITION g. Resolution Authorizing the Department of Public Works to Purchase Two KME Fire Engines to Replace Fire Department Engines 23 and 35, in an Amount Not to Exceed $1,007,510.00 (PW) File No. 9-3-31 x 9-3-40 KME Fire Engines RESOLUTION NO, 13458 — RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE TWO KME FIRE ENGINES TO REPLACE FIRE DEPARTMENT ENGINES 23 AND 35, IN AN AMOUNT NOT TO EXCEED $1,007,510.00 h. Resolution Approving Use of State of California Office of Traffic Safety Grant Funds in the Amount of $46,000.00 for a "Sobriety Checkpoint Grant Program" from December 1, 2012 through September 30, 2013 (PD) File No. 9-3-30 Sobriety Checkpoint RESOLUTION NO. 13459 — RESOLUTION APPROVING USE OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $46,000.00 FOR A "SOBRIETY CHECKPOINT GRANT PROGRAM" FROM DECEMBER 1, 2012 THROUGH SEPTEMBER 30, 2013 Resolution Approving a Memorandum of Understanding With the SEED Fund Administered by Strategic Energy Innovations (SEI), A California 501C3, for Cooperative Purchasing of Renewable Energy (CM) File No. 13-1 SEED Fund RESOLUTION NO. 13460 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SEED FUND ADMINISTERED BY STRATEGIC ENERGY INNOVATIONS (SEI), A CALIFORNIA 501 C3, FOR COOPERATIVE PURCHASING OF RENEWABLE ENERGY AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation of Resolution of Appreciation to Helen Yu, Employee of the Quarter Ending September 2012 (FIN) Mayor Phillips presented the Resolution of Appreciation to Helen Yu. PUBLIC HEARINGS 5. Public Hearings: a. Ruiz Residence (37 Perry Walk) - Appeal of Planning Commission Action Approving an Environmental and Design Review Permit to Demolish an Existing 892 -sq. ft. 2 -Story Single Family Residence and Construct a New 2,597 -sq. ft. 2 -Story Single Family Residence Above a Basement with a Hillside Parking Waiver to Provide the Required Guest Parking Spaces in the Driveway, Located on a 15,161±sq. ft. Lot with an Approximately 55.0% Slope; APN: 013-133-04; Single Family Residential District (R10); Rafael Ruiz, owner; James Bradanini, Applicant; Joanne Brauman, Appellant; Case File Nos.: ED11-078, V11-003 (CD) File No. 273 Ruiz Perry Walk Raffi Boloyan , Principal Planner gave the staff report Councilmembers did not have any questions at this time, therefore Mayor Phillips invited the Applicant and Appellant to speak and opened public hearing: James Bradanini, Applicant Joanne Brauman, Appellant Bram Druckman Councilmember McCullough/Bram Druckman Amy Koenig There being no further comments from the audience, Mayor Phillips closed public hearing, requested Staff comments, and invited City Council questions and deliberation. Raffi Boloyan Councilmember Levine/Raffi Boloyan Councilmember McCullough 4 Mayor Phillips Robert Epstein, City Attorney Councilmember McCullough Councilmember McCullough moved and Councilmember Connolly seconded to Adopt the Resolution Denying Appeal and Upholding Planning Commission Action RESOLUTION NO. 13461 — RESOLUTION DENYING AN APPEAL (AP12-003) AND UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED11-078) TO ALLOW THE DEMOLITION OF AN EXISTING 892 -SQ. FT. 2 -STORY SINGLE FAMILY RESIDENCE ABOVE A BASEMENT; WITH A HILLSIDE PARKING WAIVER TO PROVIDE THE REQUIRED GUEST PARKING SPACES IN THE DRIVEWAY; LOCATED AT 37 PERRY WALK; AP: 013-133-04 AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None b. ExteNet LLC Distributed Antenna Systems (Lucas Valley Network) - Appeal of the Planning Commission Action Approving a Wireless Antenna Infrastructure Improvement (Node LUC-003A) Within City Public Right -of -Way Adjacent to 714 Penny Royal Lane as Part of Its Decision to Grant Master Use Permit No. UP11-20, Master Environmental and Design Review Permit No. ED11-24 and Exception No. EX12-002 for the ExteNet Wireless Distributed Antenna System (DAS) Infrastructure Project; File AP12-006 (CD) File No. 273 ExteNet Penny Lane Paul Jensen, Community Development Director, introduced Kraig Tambornini, Senior Planner, who presented the staff report Kraig Tambornini, Senior Planner gave the staff report. Councilmember McCullough Councilmember Heller/Kraig Tambornini Councilmember McCullough/Kraig Tambornini Mayor Phillips invited the Applicant and Appellant to speak and opened public hearing: Bill Stephens, ExteNet Systems, Applicant David Carey, Appellant Carolyn Lenert There being no further comments from the audience, Mayor Phillips closed public hearing and invited City Council questions and deliberation. Mayor Phillips 5 Kraig Tambournini Mayor Phillips/Kraig Tambornini Bill Stephens Councilmember Levine/Bill Stephens Councilmember McCullough Bill Stephens Councilmember Heller Bill Stephens Councilmember Levine/Bill Stephens Patti Ringo, ExteNet Bill Stephens Councilmember Levine/Bill Stephens Councilmember Heller Kraig Tambornini/Councilmember Heller Mayor Phillips/Councilmember Heller Kraig Tambornini/Mayor Phillips Councilmember Levine Kraig Tambornini Mayor Phillips reopened the public hearing for clarification David Carey Kraig Tambornini David Carey Kraig Tambornini/David Carey Councilmember Levine There being no further comments from the audience, Mayor Phillips closed public hearing and invited City Council questions and deliberation. 0 Kraig Tambornini http://cityofsanrafael.granicus.com/wordlinkreceiver.php?clip_id=2bfec4b7-2625-47d3-a64c- 830d99364d8a&meta_id=el8a766e-bb2e-4b60-80ce-5b6be5eb8b71&time=4441 Mayor Phillips Councilmember Heller moved and Councilmember Levine seconded to adopt the Resolution, denying appeal and upholding Planning Commission action, with the addition of a bond for improvement to assure removal of equipment in case of discontinued use. RESOLUTION NO. 13462 — RESOLUTION DENYING AN APPEAL (AP12-006) OF PLANNING COMMISSION RESOLUTION NO 12-17 GRANTING APPROVAL FOR PLACEMENT OF A WIRELESS ANTENNA FACILITY NODE (LUC-003a) WITHIN PUBLIC RIGHT-OF-WAY ADJACENT TO 739 PENNY ROYAL LANE, INCLUDING A BOND TO INSURE PROPER REMOVAL OF OBSOLETE EQUIPMENT AND WIRING AT THE END OF ITS USEFUL LIFE AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None C. Resolution Authorizing the City of San Rafael to Join the CaliforniaFIRST Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments Within the Territory of the City; Designating Marin Energy Authority as a Liaison to the Program on Behalf of the City; and Authorizing Related Actions (CM) File No. 271 x 13-1 CaliforniaFIRST Nancy Mackle, City Manager, introduced Cory Bytof, Volunteer & Sustainability Program Coordinator, who presented the staff report. Cory Bytof, Volunteer & Sustainability Program Coordinator Mayor Phillips Cory Bytof Annie Henderson, Renewable Funding Mayor Phillips/Annie Henderson Mayor Phillips Annie Henderson Mayor Phillips/Annie Henderson Mayor Phillips Mayor Phillips opened public hearing: Beckie Menten, Marin Energy Authority 7 David Haskel There being no further comments from the audience, Mayor Phillips closed public hearing and invited City Council questions and deliberation. Councilmember Levine moved and Councilmember McCullough seconded to adopt the Resolution RESOLUTION NO. 13463 — RESOLUTION TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; DESIGNATING MARIN ENERGY AUTHORITY AS A LIAISON TO THE PROGRAM ON BEHALF OF THE CITY; AND AUTHORIZING RELATED ACTIONS AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Authorizing the City Manager to Execute an Agreement with Sandlot Baseball Partners, LLC for the Use of Albert Park Baseball Field and Stadium for Professional Minor League Baseball 2013-2015 (CS) File No. 9-3-65 Redwood Sports and Entertainment Carlene McCart, Community Services Director gave the staff report. Councilmember Heller Carlene McCart Councilmember Heller Mayor Phillips/Councilmember Heller/Councilmember Connolly Councilmember McCullough Carlene McCart Robert Epstein, City Attorney Councilmember McCullough Mayor Phillips invited public comment: Maggie Rufo Mark Dale Mike Schapiro N Mayor Phillips Mike Schapiro Mayor Phillips/Mike Schapiro Ken Conroy Suzanna and Lyle Rumon Megan Kuykendall Bret Goldman Jonathan Friedman Eric Holm Eric Valls Lori Schifrin Amy Koenig Mayor Phillips Meeting in Recess Meeting reconvened Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution with updated forms and attachments reflecting the new name of the entity. (Redwood Sports and Entertainment Group, LLC) RESOLUTION NO. 13464 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC FOR THE USE OF ALBERT PARK BASEBALL FIELD AND STADIUM FOR PROFESSIONAL MINOR LEAGUE BASEBALL 2013-2015 AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None b. Report on the City Council Downtown Subcommittee (CM) File No. 275 Nancy Mackle, City Manager gave the staff report Mayor Phillips Councilmember McCullough 0 Mayor Phillips Councilmember McCullough moved and Councilmember Levine seconded to Accept the Report AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None C. Resolution Authorizing a Benefit to Remove the Disincentive for City Retirees to Serve as an Elected City Official (MS) File No. 9-1 Disincentive City Retirees Nancy Mackle, City Manager, introduced Anil Comelo, Human Resources Director who gave the staff report. Anil Comelo, Human Resources Director Councilmember McCullough Mayor Phillips Councilmember McCullough Councilmember Levine Councilmember Heller/Anil Comelo Mayor Phillips Councilmember McCullough moved and Councilmember Levine seconded to adopt the Resolution RESOLUTION NO. 13465 — RESOLUTION AUTHORIZING A BENEFIT TO REMOVE THE DISINCENTIVE FOR CITY RETIREES TO SERVE AS AN ELECTED CITY OFFICIAL AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None CITY MANAGER'S REPORT: 7. City Manager's Report Nancy Mackle, City Manager COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 8. Councilmember Reports 10 Mayor Phillips, Councilmembers Heller, McCullough and Connolly all congratulated Assemblymember- elect Levine, shared past experiences with him and stated they are looking forward to continuing to work with him on a State level. Councilmember Levine, Assemblymember-elect thanked the Mayor, Councilmembers and staff and stated he is looking forward to serving the City in another capacity. SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency Item - NONE ADJOURNMENT 10:34 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2012 GARY O. PHILLIPS, Mayor 11