HomeMy WebLinkAboutCC Agenda 2009-05-04
ACTION AGENDA
SAN RAFAEL CITY COUNCIL MEETING MONDAY, MAY 4, 2009
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA
Members of the public may speak on Agenda items.
OPEN SESSION COUNCIL CHAMBERS 6:40 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION CONFERENCE ROOM 201 6:40 PM
1. a) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. City of San Rafael, et al.
U.S. District Court, Northern Dist. of CA, Case # C003785
b) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. City of San Rafael, et al. (MHC II)
U.S. District Court, Northern Dist. of CA, Case # C043325
City Attorney Robert Epstein announced that no reportable action was taken.
CLOSED SESSION CONFERENCE ROOM 201 8:50 PM
Conference with Labor Negotiators Government Code Section 54957.6(a)
c)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein,
Ken Nordhoff
Employee Organization(s):
Western Council of Engineers
Assn. of Confidential Employees
San Rafael Police Mid-Management Assn. SEIU Miscellaneous & Supervisory
San Rafael Police Association SEIU Child Care Unit
Unrepresented Management
Unrepresented Mid-Management
Elected City Clerk and Elected Part-Time City Attorney
Mayor Boro announced at 9:09 PM that no reportable action was taken.
_________________________________________________________________________________________________
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
-related materials on the
table in front of the Council Chamber prior to the meeting.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-
3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at
(415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.
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ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:16 PM
Massage Parlors:
Noting the growing number of massage parlors in San Rafael, Brad Sears stated that more needed to be done to keep
San Rafael from becoming another anonymous mid-size city with big city problems.
Carolyn Svenson, San Rafael resident and income-property owner, expressed concern about the risk to tenants and
homeowners living in multi-use zoned neighborhoods. Reporting that a six-year old girl resides in one of her rental
units directly across the street from a massage parlor, she indicated that neon sign remains lit until midnight at this
location, which also engenders a lot of late night traffic. Ms. Svenson hoped the zoning laws could be refined to
prohibit these establishments from residential and multi-use neighborhoods, limiting them to business use.
Mr. Nordhoff, City Manager, noted the speakers were specifically referring to a recent application on Fifth Avenue. He
stated that currently there were no zoning restrictions in any areas throughout the City as it relates to massage use.
Mr. Brown explained that massage therapists were considered personal service uses similar to a long laundry list of
beauty shops, nail salons, travel agents, diet center, etc., which were permitted uses in all commercial districts. He
reported that a number of years ago the San Rafael Municipal Code was changed to create a police licensing provision
in the belief that zoning was not a good tool to determine which massage therapists were legitimate or not. Therefore,
a police licensing process is in operation that involved background checks, fingerprinting, monitoring, etc.
With regard to massage parlors, etc., in San Rafael, Mr. Nordhoff stated staff would provide a report to the City
Council.
Noting a recent change in the law concerning state licensing for massage therapists, City Attorney Robert Epstein
would be happy to report at a future City
Council meeting on legal developments.
Mr. Nordhoff believed the best approach would be to gather information and recent findings on a cross-departmental
basis and provide a comprehensive report to the City Council, keeping Mr. Sears and Ms. Svenson apprised.
CONSENT CALENDAR: RECOMMENDED ACTION:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY APPROVAL OF THE FOLLOWING
ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A ACTION:
PARTICULAR ITEM:
a) Called for applications to fill two-
2.
Call for Applications for Appointments to Fill Two Four-Year Terms on
the Design Review Board, to the end of June 2013, due to Expiration four-year terms on the Design
of Terms of Jeff Kent and Viktoriya Wise (CC)
Review Board, with terms to expire
the end of June, 2013;
b) Set deadline for receipt of
applications for Tuesday, May 26,
2009 at 12-
Office, Room 209, City Hall; and
c) Set date for interviews of
applicants at a Special City Council
meeting to be held on Monday,
June 1, 2009.
3. Call for Applications for Appointments to Fill Two Four-Year Terms a) Called for applications to fill two-
on the Planning Commission, to the end of June, 2013, due to four-year terms on the Planning
Expiration of Terms of Kate Colin and Charles Pick (CC) Commission, with terms to expire
the end of June, 2013;
b) Set deadline for receipt of
applications for Tuesday, June 9,
2009 at 12-
Office, Room 209, City Hall; and
c) Set date for interviews of
applicants at a Special City Council
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meeting to be held on Monday,
July 6, 2009.
ADOPTED RESOLUTION NO. 12726
4. Resolution Denying Appeal and Approving a Modified Project
Application re 721-RESOLUTION:
(CD) A) DENYING AN APPEAL (AP09-001)
DENIAL OF THE INITIAL PROJECT;
AND B) APPROVING MODIFICATIONS
TO THE PROJECT (SIGN PROGRAM
AMENDMENT \[SR08-070\], SIGN
EXCEPTION \[EX09-002\], AND
ENVIRONMENTAL AND DESIGN
REVIEW PERMIT AMENDMENT \[ED08-
110\] TO ALLOW: 1) AN INCREASE IN
THE NUMBER AND SIZE OF SIGNAGE;
2) AN INCREASE IN THE HEIGHT OF
AN EXISTING FREESTANDING PYLON
SIGN AND BUILDING COLORS FOR AN
EXISTING MOTEL/BULK COMMERCIAL
RETAIL COMPLEX LOCATED AT 721-
737 FRANCISCO BOULEVARD EAST
-204-11
ADOPTED RESOLUTION NO. 12727
5. Resolution Authorizing Execution of Agreements for Assessing the
Feasibility of Public Facilities Ballot Measure Options, Plus a RESOLUTION AUTHORIZING
Facilities Bond Measure Survey, with Sidewalk Strategies and EXECUTION OF AGREEMENTS FOR
Godbe Research (CM) ASSESSING THE FEASIBILITY OF
PUBLIC FACILITIES BALLOT
MEASURE OPTIONS PLUS A
FACILITIES BOND MEASURE SURVEY,
WITH SIDEWALK STRATEGIES AND
GODBE RESEARCH
ADOPTED RESOLUTION NO. 12728
6. Resolution Approving an Agreement Between the City of San
RESOLUTION APPROVING AN
Rafael and Marinwood Community Services District for Fire
AGREEMENT BETWEEN THE CITY OF
Protection and Emergency Response Services for 2009-2010 (FD)
SAN RAFAEL AND MARINWOOD
COMMUNITY SERVICES DISTRICT
FOR FIRE PROTECTION AND
EMERGENCY RESPONSE SERVICES
FOR 2009-2010
ADOPTED RESOLUTION NO. 12729
7. Resolution Amending Resolution No. 11498 and
RESOLUTION AMENDING
Authorizing Amendment of the Declaration of Trust for
RESOLSUTION NO. 11498 AND
the ICMA-RC Vantagecare Retirement Health Savings
AUTHORIZING AMENDMENT OF THE
(RHS) Plan to Allow New Contributions to Such Plan
DECLARATION OF TRUST FOR THE
(MS)
ICMA-RC VANTAGECARE
RETIREMENT HEALTH SAVINGS (RHS)
PLAN TO ALLOW NEW
CONTRIBUTIONS TO SUCH PLAN
8. Resolution Accepting a Proposal from Ghirardelli & Associates, ADOPTED RESOLUTION NO. 12730
RESOLUTION ACCEPTING A
Inc. for Professional Services to Provide Project Administration
PROPOSAL FROM GHIRARDELLI
and Inspection Services for the Third Street and Union Street
ASSOCIATES, INC. FOR
Improvement Project, No. 11025, and Authorizing the City
PROFESSIONAL SERVICES TO
Manager to Execute the Agreement in an Amount of $125,000.00
PROVIDE PROJECT ADMINISTRATION
(PW)
AND INSPECTION SERVICES FOR THE
THIRD STREET AND UNION STREET
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IMPROVEMENT PROJECT, PROJECT
NO. 11025, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE
AGREEMENT IN AN AMOUNT OF
$125,000.00
9. Resolution Approving and Authorizing the City Manager to ADOPTED RESOLUTION NO. 12731
Execute an Amendment to the June 16, 2003 Agreement With RESOLUTION APPROVING AND
Kimley-Horn And Associates, Inc. to Expand the Scope of AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO
Work for the Third Street And Union Street Improvements
THE JUNE 16, 2003 AGREEMENT WITH
Project in the Amount of $14,500, for a Total Amount not to
KIMLEY-HORN AND ASSOCIATES,
Exceed $137,064 (PW)
INC. TO EXPAND THE SCOPE OF
WORK FOR THE THIRD STREET AND
UNION STREET IMPROVEMENTS
PROJECT IN THE AMOUNT OF $14,500
FOR A TOTAL AMOUNT NOT TO
EXCEED $137,064
10. Resolution Designating the Week of May 10 - 16, 2009 as Small ADOPTED RESOLUTION NO. 12732
Business Week (RA) RESOLUTION OF APPRECIATION TO
ALL SMALL BUSINESSES IN SAN
RAFAEL AND DISIGNATION OF MAY
10-16, 2009 AS SMALL BUSINESS
WEEK
11. Resolution Authorizing Closure of Downtown City Streets in ADOPTED RESOLUTION NO. 12733
Connection with the San Rafael Twilight Criterium on Saturday, RESOLUTION AUTHORIZING THE
July 11, 2009 from 12 Noon to 10:00 p.m. (RA) TEMPORATY CLOSURE OF CITY
STREETS FOR THE SAN RAFAEL
TWILIGHT CRITERIUM ON SATURDAY,
JULY 11, 2009 FROM 12-NOON TO
10:00 PM
ADOPTED RESOLUTION NO. 12734
12. Resolution Approving the Redevelopment Agency Purchase of a
RESOLUTION APPROVING THE
Below Market Rate Unit for $244,000, Approving Up to $31,000 for
REDEVELOPMENT AGENCY
Costs Associated with the Resale and Making Findings and
PURCHASE OF A BELOW MARKET
Approvals Pursuant to the California Redevelopment Law in
Connection with the Utilization of Agency Low and Moderate RATE UNIT FOR $244,000,
Income Housing Funds Outside the Central San Rafael APPROVING UP TO $31,000 FOR
Redevelopment Project Area (APN 155-376-24) (RA) COSTS ASSOCIATED WITH THE
RESALE AND MAKING FINDINGS AND
APPROVALS PURSUANT TO THE
CALIFORNIA REDEVELOPMENT LAW
IN CONNECTION WITH THE
UTILIZATION OF AGENCY LOW AND
MODERATE INCOME HOUSING FUNDS
OUTSIDE THE CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT AREA
(APN: 155-376-24)
SPECIAL PRESENTATION:
13.Presentation of Resolution of Appreciation for Small Business Week (RA)
Explanation: Mayor Boro to make presentation.
OTHER AGENDA ITEMS:
14.- 2011 (CM)
15.
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COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
16.
ADJOURNMENT:
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