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Home My WebLink AboutCC SA Minutes 2013-05-20 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, May 20, 2013 MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips Vice-Mayor Heller Councilmember Colin Councilmember Connolly Councilmember McCullough City Attorney Robert Epstein Assistant City Manager Jim Schutz City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM 1. Mayor Phillips announced Closed Session item CLOSED SESSION - CITY MANAGER'S CONFERENCE ROOM - 6:00 PM 2. Closed Session: a. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) & (d)(1) Case Name: Sullivan et al. v. City of San Rafael, et al. United States District Court for the Northern District of California Case No. C 12-1922 MEJ City Attorney Robert Epstein announced that no reportable actions were taken at the Closed Sessions of May 6, 2013, May 9, 2013 and this evening, May 20, 2013. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 7:00 PM Barry Taranto addressed the issues of proposed sales tax, and the San Rafael Sanitation District. Mayor Phillips Jolie De Pauw requested that the City of San Rafael ban Monsanto's Round Up. Mayor Phillips 1 CONSENT CALENDAR: 3. Consent Calendar Items: Councilmember Connolly moved and Vice-Mayor Heller seconded to approve the following Consent Calendar Items: a. Approval of Minutes of Regular City Council and Successor Agency Meeting of May 6, 2013 (CC) Minutes 05 06 2013 Minutes approved as submitted. b. Call for Applications to Fill Four, Four-Year Terms on the Citizens Advisory Committee on Economic Development, Due to the Resignation of Diane Linn and Expiration of Terms of Phil Abey, Gladys Gilliland and Glenn Koorhan - Terms to Expire end of June, 2017 (CC) – File 9-2-65 Call for Apps CAC Approved Staff recommendation. c. Call for Applications to Fill Two, Four Year Terms on the Design Review Board, to the End of June, 2017, Due to the Expiration of Terms of Mohit Garg and Jeff Kent (CC) – File 9-2-39 Call for Apps DRB Approved Staff recommendation. d. Call for Applications to Fill Two, Four-Year Terms on the Planning Commission, to the End of June, 2017, Due to the Expiration of Terms of Charles Pick and Gerald Belletto (CC) – File 9-2-6 Call for Apps PC Approved Staff recommendation. f. Resolution Authorizing the City Manager to Amend the Existing Professional Services Agreement with Godbe Research by $7,120 for Revenue Measure Feasibility Services and Polling (CM) – File 4-3-435 Amend Agrm. Godbe RESOLUTION NO. 13533 - RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH GODBE RESEARCH BY $7,120 FOR REVENUE MEASURE FEASIBILITY SERVICES AND POLLING g. Resolution of Appreciation to All Small Businesses in San Rafael and Designation of May 20 - 24, 2013 as Small Business Week (ED) – File 102 2 Small Businesses RESOLUTION NO. 13534 – RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN RAFAEL AND DESIGNATION OF MAY 20-24, 2013 AS SMALL BUSINESS WEEK h. Quarterly Investment Report for Period Ending March 31, 2013 (Fin) – File 8-18 x 8-9 Inv Rpt March 2013 Accepted report. i. Resolution Setting the District Tax for Loch Lomond #10 for Fiscal Year 2013-2014 at $578 Per Parcel, Excepting Exempt Assessor Parcel Nos.: 16-330-12, 13, 14 (Fin) – File 6-50 x 9-12-1 Loch Lomond Tax 2013 2014 RESOLUTION NO. 13535 – RESOLUTION SETTING THE DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 2013-14 AT $578 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NO’S. 16-330-12, 13, 14 j. Resolution of Appreciation to Joyce McCarthy, Fire Department, Employee of the First Quarter of 2013 (FD) – File 102 x 9-3-31 RESOLUTION NO. 13536 – RESOLUTION OF APPRECIATION TO JOYCE McCARTHY, EMPLOYEE OF THE FIRST QUARTER OF 2013, FIRE DEPARTMENT k. Accept Completion of the ADA-DOJ Curb Ramps 2012-2013 Project, City Project #15006, and Authorize the City Clerk to File the Notice of Completion (PW) – File 4-1-637 Completion ADA DOJ Curb Ramp Approve Staff recommendation. l. Resolution Authorizing the Department of Public Works to Purchase One Police Interceptor Sedan to Replace Police Department Patrol Vehicle #228, in an Amount not to Exceed $39,614.33 (PW) – File 9-3-80 x 9-3-40 x 9-3-30 Police Interceptor Sedan RESOLUTION NO. 13537 – RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO PURCHASE ONE POLICE INTERCEPTOR SEDAN TO REPLACE THE POLICE DEPARTMENT PATROL VEHICLE #228, IN AN AMOUNT NOT TO EXCEED $39,614.33 m. Resolution Authorizing the Public Works Director to Enter into a Professional Services Agreement with Spatial Wave to Create a Geographical Information System (GIS) Based Mobile Solution for Tracking a Variety of Maintenance Activities and Conducting Inspections, in an Amount Not to Exceed $75,000, and to Purchase Required Mobile Devices and Related Equipment (PW) – File 4-3-548 Spatial Wave PSA 3 RESOLUTION NO. 13538 – RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SPATIAL WAVE TO CREATE A GEOGRAPHIC INFORMATION SYSTEM (GIS) BASED ON MOBILE SOLUTIONS FOR TRACKING A VARIETY OF MAINTENANCE ACTIVITIES AND CONDUCTING INSPECTIONS, IN AN AMOUNT NOT TO EXCEED $75,000, AND TO PURCHASE REQUIRED MOBILE DEVICES AND RELATED EQUIPMENT AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None The following item was removed from the Consent Calendar by Councilmember McCullough. e. Final Adoption of Ordinance No. 1910 - "AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT DISTRICT (PD1675) TO REVISED PD DISTRICT (ZC12-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 - ZONING, SPECIFICALLY AMENDING CERTAIN REAL PROPERTY FROM PD 1675 TO REVISED PD AMENDING THE TEXT OF THE BAYVIEW BUSINESS PARK MASTER PLAN 22-150 PELICAN WAY, 2505-2597 KERNER BOULEVARD AND 85-101 GLACIER WAY (APN 009-291-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70 (ZC12-001)" (CD) – File 10-2 x 10-3 x 10-5 Ord 1910 Bayview Councilmember McCullough recused himself from the second reading of Ordinance No. 1910, due to potential conflict of interest, and left the Council Chambers. Councilmember Connolly moved and Councilmember Heller seconded to approve final adoption of Ordinance No. 1910. AYES: Councilmembers: Colin, Connolly, Heller & Mayor Phillips NOES: None ABSENT: Councilmember McCullough Councilmember McCullough returned to the Council Chambers. SPECIAL PRESENTATIONS: 4. Special Presentations: a. Presentation of Resolution of Appreciation to Joyce McCarthy, Employee of the First Quarter 2013 (FD) – File 102 Mayor Phillips Joyce McCarthy b. Presentation of Resolution of Appreciation for Small Business Week (ED) – File 102 Mayor Phillips Rick Wells, President, San Rafael Chamber of Commerce 4 PUBLIC HEARINGS: Mayor Phillips invited those wishing to submit protest / support cards to do so prior to the end of the Public Hearing for the San Rafael Business Improvement District. 5. Public Hearings: a. Consideration of Ordinance Setting the Voter Approved Paramedic Services Special Tax in the City of San Rafael CSA 13, CSA 19 and Marinwood CSD Establishing Tax Rates for Fiscal Year 2013/2014 for both Residential and Non-Residential Properties (Fin) – File 9-12-1 x 9-3-31 Ord Paramedic Tax Mark Moses, Interim Finance 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. Pass Ordinance to print 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 2013-2014, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1904 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) Connolly 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. 1911 to print, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None b. Consideration of an Ordinance Repealing San Rafael Municipal Code Chapter 10.08 Entitled "Downtown Parking and Business Improvement Area" and Adding a New Chapter 10.09 Entitled "Downtown San Rafael Business Improvement District" (ED) - File 224 x 183 Part 1: Conduct, then close public hearing. (Then to be continued until after Item 6. to allow time for tabulation of written protests received through close of public hearing.) Ord BID Mayor Phillips outlined the procedure for this item. Stephanie Lovette, Economic Development Manager presented the staff report. 5 Mayor Phillips declared the public hearing opened: Bob Berry Maia McGee gave a PowerPoint presentation. Brian Pedersen, Attorney for Bob Berry Bob Berry Robert Epstein, City Attorney / Mayor Phillips Mayor Phillips Joel Eis, Owner, Rebound Bookstore Andres Cisneros, Gamescape Hayes Walsh, BackyardBOOGIE Jack Crystal Stan Gibbs, President, Business Improvement District Barbara Poole, Artist at Artworks Downtown John Godsey, Fourth Street Press Jeanette Harrison, AlterTheater Deborah Gray, Artist at Artworks Downtown Carol Thompson, Director, Business Improvement District Speaker - Paul Greg Gener, Manager, First Bank Jonathan Frieman Rick Wells, San Rafael Chamber of Commerce Joyce Sheer, Headlines Salon Bob Berry Mayor Phillips Robert Epstein, City Attorney 6 Mayor Phillips There being no further comment from the audience, Mayor Phillips closed the public hearing – item to be resumed at the conclusion of Item No. 6. A – Appeal Hearing APPEAL HEARING: 6. Appeal Hearing: a. Appeal of the February 26, 2013 Planning Commission's Decision Granting an Appeal and Overturning the Zoning Administrator's Approval of a Use Permit (UP12-022) for a Large Family Day Care Home (9-14 children) at the Single-Family Townhome at 23 Baypoint Drive. Amanda McCarthy, Appellant, Heather Ludloff, Owner, Leticia Arvizu, Applicant (CD) – File 273 (23 Baypoint Drive) Appeal 23 Baypoint Dr Raffi Bololyan, Planning Manager introduced Caron Parker, Associate Planner. Caron Parker, Associate Planner presented the staff report. Mayor Phillips Councilmember Connolly Caron Parker Raffi Boloyan Councilmember Heller Caron Parker / Councilmember Heller Councilmember McCullough Raffi Boloyan Councilmember McCullough Raffi Boloyan Councilmember Colin Caron Parker Mayor Phillips declared the Appeal Hearing opened and invited public comment. Amanda McCarthy gave a PowerPoint presentation. Russ Roane Barry Taranto 7 Raphael Durr, Community Action Marin Paula Cifuntes, Supervisor, Gallinas Children's Center Ashley Carusto Deborah Vandervoort Joan Roane Carlo Christine Bachman Mayor Phillips / Christine Bachman Victoria Pollock Gladys Marino Thomas - with translator Martha Ruth Penetta, Marin Childcare Council Esther Mata, Community Action Marin Eric Franson, Vice-President, Board of Directors, Bahia De Rafael Fourplex. Laticia Arvizu Laurel Hill, Deputy Director, Community Action Marin Bianca Clark Rita Lakin Jose Ted Arley Georgeann Muntin, Assistant Director, Community Action Marin Councilmember McCullough Georgeann Muntin Councilmember McCullough 8 Georgeann Muntin There being no further comment from the audience, Mayor Phillips declared the Appeal Hearing closed. City Council and staff discussion ensued: Councilmember Heller Caron Parker / Councilmember Heller Councilmember Heller Raffi Boloyan Councilmember McCullough Raffi Boloyan Councilmember McCullough / Raffi Boloyan Raffi Boloyan / Councilmember McCullough / Raffi Boloyan Councilmember McCullough / Raffi Boloyan Mayor Phillips Raffi Boloyan Councilmember Colin Caron Parker Councilmember Colin Caron Parker Mayor Phillips Raffi Boloyan Councilmember McCullough Councilmember Colin Councilmember Connolly Councilmember Heller Mayor Phillips Councilmember McCullough 9 Mayor Phillips Rob Epstein Mayor Phillips Councilmember Colin Mayor Phillips Staff directed to return at the City Council meeting of June 3, 2013 with a Consent Calendar resolution reflecting approval of a provisional Use Permit with conditions, including a six-month review, subsequent to the Day Care Center working with the neighborhood on issues of concern to both parties. AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None PUBLIC HEARING: - resumed 5.b. (continued): Consideration of an Ordinance Repealing San Rafael Municipal Code Chapter 10.08 Entitled "Downtown Parking and Business Improvement Area" and Adding a new Chapter 10.09 Entitled "Downtown San Rafael Business Improvement District" (ED) Part 2: Announcement of Results of Tabulation of Protests, Council deliberation and action Mayor Phillips Esther Beirne, City Clerk- announced that a total of 17% protests was received by close of public hearing on Monday, May 20, 2013. Mayor Phillips Councilmember McCullough Councilmember Heller / Esther Beirne Councilmember McCullough Councilmember Colin Councilmember Connolly Mayor Phillips The title of the ordinance was read: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENTS AREA" AND ADDING A NEW CHAPTER 10.09 ENTITLED "DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT." Councilmember McCullough 10 Mayor Phillips Councilmember Connolly 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. 1912 to print, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 7. Other Agenda Items: a. Consideration of Action Plan from City Council Homeless Subcommittee and Resolution Authorizing Hiring a Police Officer (CM) – File 9-2-67 Rpt Homeless Sub Committee Mayor Phillips suggested carrying this item over to the next meeting. Councilmember Colin Mayor Phillips / Councilmember Colin Stephanie Lovette, Economic Development Manager Jim Schutz, Assistant City Manager Mayor Phillips / Jim Schutz Mayor Phillips Robert Epstein Councilmember Connolly Robert Epstein Councilmember Connolly Mayor Phillips Police Chief Diana Bishop Mayor Phillips Councilmember Heller Mayor Phillips 11 There was Council consensus (straw vote) to approve the hiring of a Police Officer, to be memorialized at City Council meeting of June 3, 2013. Item 7.a. continued to City Council Meeting of June 3, 2013. CITY MANAGER'S REPORT: 8. City Manager's Report Jim Schutz , Assistant City Manager reported: a) Budget Presentation to be made at the next Council meeting; and b) City of San Rafael was awarded the Certificate of Achievement in Excellence in Financial Reporting (CAEFR) by the Government Financial Officers Association (GFOA), and he commended the Finance Department. Mayor Phillips COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 9. Councilmember Reports Councilmember Heller reported on legislative meetings she attended and supplied material to the City Clerk to be forwarded to the Assistant City Manager and City Attorney regarding Charter amendments. Councilmember Connolly reported on his attendance at the TAM Executive Committee meeting on behalf of Mayor Phillips, and the liaison meeting with Dixie School District and San Rafael School District. Mayor Phillips Councilmember Colin reported on her attendance at the Falkirk Master Gardeners' Event, and on her meeting with girl scouts regarding traffic safety at Davidson Middle School. SAN RAFAEL SUCCESSOR AGENCY 10. Successor Agency - Consent Calendar a. Quarterly Investment Report for Period Ending March 31, 2013 (Fin) – File SA Financial Reports Accepted Report SRSA Inv Report March 2013 Member Heller moved and Member McCullough seconded, to accept the report. Accepted report. AYES: Members: Colin, Connolly, Heller, McCullough & Chairman Phillips NOES: None ABSENT: None ADJOURNMENT 12 Mayor Phillips adjourned the City Council meeting at 11:12 PM in memory of Dino Ghilotti, Ghilotti Construction, and Richard ("Dick") Collins, Tiburon City Council, both recently deceased. Councilmember Connolly Councilmember Heller _________________________________ ESTHER C. BEIRNE, City Clerk APPROVED THIS_____DAY____OF_______, 2013 _____________________________________ GARY O. PHILLIPS, Mayor 13