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HomeMy WebLinkAboutCC Minutes 2012-12-17IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, December 17, 2012 MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips, Councilmembers: Connolly, Heller, McCullough City Manager Nancy Mackle, City Attorney Robert Epstein Deputy City Clerk Jeanne Leoncini, Deputy City Clerk Jeannie Courteau Mayor Phillips announced the meeting would close in honor of Elissa Giambastiani, and observed a moment of silence to recognize the tragedy suffered by the families in Newtown, CT. OPEN SESSION - COUNCIL CHAMBERS: 6:00 PM Mayor Phillips announced Closed Session item. CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM: 6:00 PM 2. Closed Session: a. Conference with Legal Counsel/Existing Litigation (Gov Code Section 54956.9(a).) Arbitration of Claim of Service Employees International Union (SEIU) vs. City of San Rafael Robert Epstein, City Attorney announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM - NONE CONSENT CALENDAR: Councilmember McCullough moved and Councilmember Connolly seconded to approve the Consent Calendar as follows: 3. Consent Calendar Items: a. Approval of Minutes of City Council Meeting of November 19, 2012 (CC) Minutes 11 19 2012 - Minutes approved as submitted. b. Resolution of Appreciation to Vice -Mayor Marc Levine for Three Years of Service on the San Rafael City Council (CM) File 102 x 9-1 Marc Levine 1 RESOLUTION NO. 13469 - RESOLUTION OF APPRECIATION TO MARC LEVINE FOR THREE YEARS OF SERVICE ON THE SAN RAFAEL CITY COUNCIL C. Resolution of Appreciation to Bob Sonnenberg for Six Years of Service on the ADA Advisory Committee (PW) File 102 x 9-2-56 Bob Sonnenberg RESOLUTION NO. 13470 - RESOLUTION OF APPRECIATION TO BOB SONNENBERG FOR SIX YEARS OF SERVICE ON THE ADA ADVISORY COMMITTEE d. Resolution of Appreciation to Fred Warneke for Nineteen Years of Service on the Park & Recreation Commission (CS) File 102 x 9-2-4 Fred Warneke RESOLUTION NO. 13471 - RESOLUTION OF APPRECIATION TO FRED WARNEKE FOR NINETEEN YEARS OF SERVICE ON THE PARK & RECREATION COMMISSION e. Resolution Authorizing the Mayor and City Manager, Individually, to Accept Grants of Interests in Real Property on Behalf of the City (CM) File No. 2-2.1 x 9-1-2 Grants Real Property RESOLUTION NO. 13472 - RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER, INDIVIDUALLY, TO ACCEPT GRANTS OF INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY Informational Report about Employee Commute Pilot Program (CM) File No. 7-4-8 x 9-1-2 Employee Commute Pilot Program Report accepted. g. Resolution Authorizing the City Manager to Enter into Agreement Between the Regents of the University of California and Cooperative Extension in Marin County and the City of San Rafael for the Use of Falkirk Cultural Center Grounds and Facilities by Marin Master Gardeners for the Purpose of Installation and Maintenance of Landscape Improvements and Provision of Public Programming (CS) File 9-3-84 Falkirk Coop Agmt Ext RESOLUTION NO. 13473 - RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND COOPERATIVE EXTENSION IN MARIN COUNTY AND THE CITY OF SAN RAFAEL FOR THE USE OF FALKIRK CULTURAL CENTER GROUNDS AND FACILITIES BY MARIN MASTER GARDENERS FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS AND PROVISIONS OF PUBLIC PROGRAMMING 2 FY 2011-12 Annual Financial Report on Library Assessment Funds (Measure C) (FIN) File 9-3-61 x 9-2-62 2011 2012 Library Financial Report Report accepted. j. Resolution Approving and Authorizing the City Manager to Execute the First Amendment to Telecommunications License Agreement with T -Mobile West LLC (FD) File 9-7-4 T Mobile Amendment RESOLUTION NO. 13474 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO TELECOMMUNICATIONS LICENSE AGREEMENT WITH T - MOBILE WEST LLC k. Resolution Accepting a Proposal from Coastland Engineering for Design Assistance on the Safe Routes to School (SRTS) at James B. Davidson Middle School Project and Authorizing the Public Works Director to Enter into a Professional Services Agreement with Coastland Engineering in the Amount of $76,938.00 (PW) File 4-3-541 Coastland Eng RESOLUTION NO 13475 - RESOLUTION ACCEPTING A PROPOSAL FROM COASTLAND ENGINEERING FOR DESIGN ASSISTANCE ON THE SAFE ROUTES TO SCHOOL (SRTS) AT JAMES B. DAVIDSON MIDDLE SCHOOL PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND ENGINEERING IN THE AMOUNT OF $76,938. Special Library Parcel Tax Committee Annual Report — 2012 File 9-2-61 x 9-2-62 Lib Parcel Tax Rpt Report accepted. AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None Item 3.h was removed from the Consent Calendar by Mayor Phillips, for discussion: h. Resolution Waiving Payment for an Administrative Use Permit Application in the Amount of $2,476.00 for First Presbyterian Church to Participate in the 2012 Rotating Emergency Shelter Team ("REST") Program (1510 Fifth Avenue) (ED) File 9-10-2 Use Permit Waiver REST Mayor Phillips Councilmember McCullough moved and Councilmember Connolly seconded to adopt the Resolution. RESOLUTION NO. 13476 - RESOLUTION WAIVING PAYMENT FOR AN ADMINISTRATIVE USE PERMIT APPLICATION IN THE AMOUNT OF $2,476.00 FOR THE FIRST PRESBYTERIAN CHURCH OF SAN RAFAEL TO PARTICIPATE IN THE 2012 ROTATING EMERGENCY SHELTER TEAM ("REST") PROGRAM (1510 FIFTH AVENUE) AYES: Councilmembers NOES: None ABSENT: None SPECIAL PRESENTATIONS: 4. Special Presentations: Connolly, Heller, McCullough & Mayor Phillips a. Mayor Phillips presented the Resolution of Appreciation to Vice -Mayor Marc Levine for Three Years of Service as a City Councilmember Marc Levine b. Mayor Phillips presented the Resolution of Appreciation to Bob Sonnenberg for Six Years of Service on the ADA Advisory Committee Bob Sonnenberg C. Presentation of Resolution of Appreciation to Fred Warneke for Nineteen Years of Service on the Park & Recreation Commission Fred Warneke was unable to attend. OTHER AGENDA ITEMS: 5. Other Agenda Items: a. FY 2011-2012 Annual Financial Audit Report; The GANN Appropriation Limit Report, and the Memorandum on Internal Control (FIN) File 8-9 x 9-3-20 2011 2012 Financial Audit Report Mark Moses, Interim Finance Director introduced Vicki Rodriguez, Maze & Assoc. Vicki Rodriguez, Maze & Assoc. Mayor Phillips Vikki Rodriguez Mark Moses, Interim Finance Director gave the staff report Mayor Phillips 4 Councilmember Connolly moved and Councilmember Heller seconded to accept the report. AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None b. Report and Recommendations Regarding Acceptance of the Library 2013-2017 Strategic Plan and Approval of the Special Library Parcel Tax Budget (LIB) Recommend Acceptance of Staff Recommendations File 9-3-61 x 9-2-62 Library Parcel Tax Budget Sarah Houghton, Library Director gave the staff report. Councilmember McCullough Sarah Houghton Councilmember Connolly Sarah Houghton Mayor Phillips Sarah Houghton Mayor Phillips Councilmember Heller/Sarah Houghton Councilmember McCullough Arlene Sukolsky Carolyn Lenert Glena Coleman Councilmember Connolly moved and Councilmember McCullough seconded to accept staff recommendations. AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None C. San Rafael Airport Recreational Facility - 397-400 Smith Ranch Road - Request for Zoning Amendment to Planned Development -Wetland Overlay District (revised PD1764-WO), Master Use Permit and Environmental and Design Review Permit to Allow Development of an 85,700 Square Foot Private Recreational Facility Building, Outdoor Soccer Field and Warm -Up Field on a Vacant Portion of the 119.52 -Acre San Rafael Airport Property, APN: 155-230-10 Through -16; Zoning: Planned Development -Wetland Overlay (PD1764-WO); San Rafael Airport, LLC, Owner: Bob Herbst, Applicant: File Numbers ZC05-01, UP05-08 & 5 ED05-15 (CD) File 10-3 (San Rafael Airport Soccer Complex) Item Continued from City Council Meeting of December 3, 2012. Note: Public Hearing was Closed. Airport Recreational Facility Kraig Tambornini , Senior Planner gave the staff report. Mayor Phillips/Kraig Tambornini Robert Epstein, City Attorney/Mayor Phillips Kraig Tambornini Carlene McCart, Community Services Director Councilmember Heller/Carlene McCart Councilmember Heller/Carlene McCart Councilmember Heller/Carlene McCart Councilmember Heller/Carlene McCart Councilmember McCullough/Carlene McCart Councilmember McCullough/Carlene McCart Councilmember Connolly/Carlene McCart Mayor Phillips/Carlene McCart Mayor Phillips/Carlene McCart Mayor Phillips/Carlene McCart Mayor Phillips/Carlene McCart Mayor Phillips Kraig Tambornini Mayor Phillips Councilmember McCullough/Kraig Tambornini Ken Broady, Mead & Hunt Councilmember McCullough Ken Broady 0 Mayor Phillips Ken Broady Mayor Phillips/Ken Broady Mayor Phillips/Ken Broady Mayor Phillips/Ken Broady Mayor Phillips Ken Broady Mayor Phillips Mayor Phillips Ken Broady/Mayor Phillips Mayor Phillips/Ken Broady Mayor Phillips/Ken Broady Ken Broady Mayor Phillips Councilmember Heller Councilmember Connolly Councilmember McCullough/Councilmember Connolly Mayor Phillips Councilmember Connolly/Mayor Phillips Mayor Phillips Councilmember Heller Nader Mansourian, Public Works Director Mayor Phillips Kraig Tambornini Mayor Phillips Robert Epstein 7 Mayor Phillips Councilmember Connolly Kraig Tambornini Councilmember McCullough/Mayor Phillips Councilmember McCullough/Paul Jensen, Community Development Director Councilmember McCullough/Paul Jensen Mayor Phillips Kraig Tambornini Mayor Phillips/Kraig Tambornini Mayor Phillips/Kraig Tambornini Robert Epstein Kraig Tambornini Mayor Phillips/Kraig Tambornini Mayor Phillips Mayor Phillips/Councilmember Connolly Mayor Phillips Councilmember Connolly/Mayor Phillips Robert Epstein Mayor Phillips Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution. RESOLUTION NO. 13477 - RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL AIRPORT RECREATIONAL FACILITY PROJECT, LOCATED SOUTH OF SMITH RANCH ROAD AT 397-400 SMITH RANCH ROAD (APN 155-230-10, 11, 12, 13, 14, 15 & 16) ZC05-01, UP05-08, ED05-15 AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None w Councilmember Connolly Councilmember Heller Robert Epstein Councilmember McCullough Robert Epstein Tiffany Wright, Consulting CEQA Attorney Robert Epstein Councilmember McCullough Councilmember Connolly Kraig Tambornini Councilmember McCullough Councilmember Connolly Mayor Phillips Councilmember Connolly Mayor Phillips Paul Jensen Robert Epstein/Paul Jensen Councilmember McCullough Kraig Tambornini Councilmember Heller Mayor Phillips Kraig Tambornini Paul Jensen Councilmember McCullough/Paul Jensen Robert Epstein Councilmember McCullough m Robert Epstein Councilmember McCullough Robert Epstein Mayor Phillips Robert Epstein Mayor Phillips Robert Epstein/Mayor Phillips Mayor Phillips Robert Epstein Mayor Phillips/Rob Epstein Councilmember Connolly Paul Jensen Councilmember McCullough Councilmember Connolly Mayor Phillips Robert Epstein Mayor Phillips Councilmember McCullough Kraig Tambornini Councilmember McCullough Mayor Phillips Councilmember McCullough/Mayor Phillips Kraig Tambornini Mayor Phillips Kraig Tambornini 10 Mayor Phillips/Kraig Tambornini Councilmember Heller/Kraig Tambornini Mayor Phillips Kraig Tambornini Councilmember McCullough Robert Epstein Councilmember McCullough Councilmember McCullough moved and Councilmember Heller seconded to adopt the Resolution. RESOLUTION NO. 13478 — RESOLUTION ADOPTING FINDINGS OF FACT FOR THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAFAEL AIRPORT RECREATIONAL FACILITY PROJECT AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) TO SUPPORT APPROVAL OF THE PROJECT, LOCATED SOUTH OF SMITH RANCH ROAD AT 397- 400 SMITH RANCH ROAD (APN 155-230-10, 11, 12, 13, 14, 15 & 16) ZC05-01, UP05-08, ED05-15 AYES: Councilmembers: Heller, McCullough & Mayor Phillips NOES: Councilmember Connolly ABSENT: None Councilmember Heller Councilmember McCullough/Kraig Tam born ini/Mayor Phillips The title of the ordinance was read: ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) - WETLAND OVERLAY (-WO) DISTRICT (PD1764-WO) TO A REVISED PD - WO DISTRICT (ZC05-01) TO ALLOW THE ADDITION OF A NEW 85,700 -SQUARE - FOOT RECREATIONAL BUILDING, TWO OUTDOOR FIELDS, AND ASSOCIATED SITE IMPROVEMENTS, LANDSCAPING AND PARKING TO THE EXISTING PRIVATE AIRPORT AND ANCILLARY LIGHT -INDUSTRIAL USES CURRENTLY ALLOWED BY PD 1764 -WO, ON A VACANT PORTION OF THE 119.5 -ACRE SAN RAFAEL AIRPORT PROPERTY LOCATED AT 397-400 SMITH RANCH ROAD (SAN RAFAEL AIRPORT) (APN'S: 155-230-10, 11, 12, 13, 14, 15 AND 16) Councilmember Heller 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. 1909 to print by the following vote, to wit: AYES: Councilmembers: Heller, McCullough & Mayor Phillips NOES: Councilmember Connolly ABSENT: None Councilmember Connolly Kraig Tambornini 11 Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution. RESOLUTION NO. 13479 — RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED05-15) FOR THE CONSTRUCTION OF A NEW 85,700 -SQUARE -FOOT RECREATIONAL BUILDING, TWO OUTDOOR FIELDS, AND ASSOCIATED SITE IMPROVEMENTS, LANDSCAPING AND PARKING AND AN AMENDMENT TO THE MASTER USE PERMIT (UP05-08) TO ALLOW THE ADDITION OF RECREATIONAL USES ON A VACANT PORTION OF THE 119.5 -ACRE SAN RAFAEL AIRPORT PROPERTY LOCATED AT 397-400 SMITH RANCH ROAD (SAN RAFAEL AIRPORT RECREATIONAL FACILITY PROJECT) (APN'S: 155-230-10,11, 12, 13, 14, 15 AND 16) ZC05-01, UP05-08, ED05-15 AYES: Councilmembers: Heller, McCullough & Mayor Phillips NOES: Councilmember Connolly ABSENT: None CITY MANAGER'S REPORT: 6. City Manager's Report Nancy Mackle, City Manager Mayor Phillips/Nancy Mackle Councilmember Heller/Nancy Mackle COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on conferences and meetinqs attended at Citv expense) 7. Councilmember Reports - NONE SAN RAFAEL SUCCESSOR AGENCY 8. Successor Agency Item - NONE ADJOURNMENT - 10:50 PM in honor of Elissa Giambastiani who passed awav Sundav, December 16, 2012. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF , 2013 GARY O. PHILLIPS, Mayor 12