HomeMy WebLinkAboutCC Minutes 2010-11-15SRCC Minutes (Regular) 11/15/2010 Page 577
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 15, 2010 AT 8:00 P.M.
Regular Meeting: Present: Damon Connolly, Vice -Mayor
San Rafael City Council Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: Albert J. Boro, Mayor
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBERS — 7:00 PM
Vice -Mayor Connolly announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956 (a)
Case Name: Jim Von Bima v Citv of San Rafael
WCAB No. ADJ1265315
b) Public Employee Performance Evaluation — Government Code Section 54957
Title: City Manager
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
PM
8:25
Tarqet: - File 9-1
Matt Butler, San Rafael resident and business owner, stated that with regard to the Target store, he would give
the Planning Commission an "F" in Mathematics. They were under the impression the store would contribute
$675,000 in sales tax revenue to the City of San Rafael and provide 250 low-paying jobs - $7-$10 hourly; not a
living wage. As this wage would be insufficient for subsistence, these workers would require food stamps, rental
and utility assistance, childcare, healthcare, etc., all of which would have to be paid with state and federal tax
dollars. Mr. Butler stated that the combined cost of this assistance, taking into account the $675,000 sales tax
revenue, would be approximately $2 - $3 million, and he believed it was not possible to take care of existing
businesses paying somewhat of a livable wage, and subsidize Target employees also.
Mr. Butler stated he understood from the Planning Commission meeting that General Plan 2020 would be
amended and the area rezoned to accommodate Target; however, before going to those lengths for a corporation
that would cost the City money, San Rafael should ensure flexibility in accommodating existing businesses. He
suggested the City Council do the real math rather than listen to Target.
Councilmember Brockbank moved and Councilmember Levine seconded, to approve the Consent Calendar as
follows:
CONSENT CALENDAR: RECOMMENDED ACTION:
Approval of Minutes of Regular City Council Meeting of Minutes approved as submitted.
October 18, 2010 (CC)
Second Readinq and Final Adoption of Ordinance No.
1890 (CA)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL DELETING SAN RAFAEL MUNICIPAL
CODE CHAPTER 8.34 AND ADDING NEW CHAPTER
10.90 TO THE SAN RAFAEL MUNICIPAL CODE
RELATING TO MASSAGE THERAPY PRACTITIONERS
AND ESTABLISHMENTS — File 9-10-3 x 9-3-30 x 9-3-16
Approved final adoption of Ordinance
No. 1890.
4. Monthly Investment Report for Month Ending October, Accepted Monthly Investment Report
2010 (Fin) — File 8-18 x 8-9 for month ending October, 2010, as
presented.
Report on Bid Opening for the Santa Margarita Park Accepted report.
Tennis and Basketball Court Renovation Project No.
11159 (PW) — File 4-1-618
AYES: COUNCILMEMBERS: Brockbank, Heller, Levine and Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
The following item was removed from the Consent Calendar for discussion, at the request of
Councilmember Heller.
RESOLUTION ACCEPTING A PROPOSAL FROM WILLDAN FINANCIAL SERVICES TO PROVIDE
1972 LIGHTING AND LANDSCAPING ACT FORMATION SERVICES FOR THE POINT SAN PEDRO
MEDIAN LANDSCAPING DISTRICT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FINANCIAL SERVICES IN AN
AMOUNT NOT TO EXCEED $27,500.00 PLUS AN ADDITIONAL $5,180.00 FOR OPTIONAL TASKS 10
AND 11 IF REQUIRED BY THE CITY (PW) — FILE 4-3-514
Referring to Page 6 of the Willdan Proposal, Councilmember Heller inquired as to why a local mail house
was being used.
Ken Nordhoff, City Manager, stated that these documents were typically dropped through the local clearing
house or postal system to demonstrate they emanated from San Rafael to the San Rafael and Marin
County residents participating in the process.
Councilmember Heller requested further clarification as to why using a local mail house was being called
out.
Public Works Director Parviz Mokhtari explained that staff had discussions and agreed upon a fee schedule
with a firm located close to the Department of Public Works; it was concluded this firm could carry out the
process quickly, reasonably and efficiently. He indicated that 3,000 letters and a stamped return envelope
needed to be included with the ballot; therefore, accuracy was of paramount importance, and these people
were professionals.
Councilmember Heller questioned the 60 -day waiting period.
Mr. Mokhtari explained that Proposition 218 requires 45 days after the ballots were mailed before
scheduling the public hearing; however, staff decided on 60 days to cover potential eventualities.
Councilmember Heller noted this was different from the regular process.
Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the resolution:
RESOLUTION NO. 13078 — RESOLUTION ACCEPTING A PROPOSAL FROM WILLDAN
FINANCIAL SERVICES TO PROVIDE 1972 LIGHTING AND LANDSCAPING
ACT FORMATION SERVICES FOR THE POINT SAN PEDRO
MEDIAN LANDSCAPING DISTRICT AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH WILLDAN FINANCIAL SERVICES IN AN
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AMOUNT NOT TO EXCEED $27,500.00 PLUS AN ADDITIONAL $5,180.00
FOR OPTIONAL TASKS 10 AND 11 IF REQUIRED BY THE CITY
AYES: COUNCILMEMBERS: Brockbank, Heller, Levine and Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
SPECIAL PRESENTATION:
PRESENTATION OF CERTIFICATES TO HALLOW -GREEN COSTUME CONTEST WINNERS (CM) —
FILE 102
Vice -Mayor Connolly invited the City Council and costume contest winners to join him at the podium.
David Escobar, Viviendo Verde, Ya! Collaborative (Living Green Now Campaign), explained that the
program was initiated approximately a year ago with the assistance of Canal residents to promote eco -
green sustainability education and action throughout Marin County. This year for the first time, Green
Promotores and the Downtown Business Improvement District came up with the idea of "Hallow -Green" to
promote sustainability principles and education through a multi -cultural perspective. Mr. Escobar stated it
gave him great pleasure to announce the winners:
Cole Banks and Haven Banks, who were unable to attend, Ryan Sterling and Sage Kleiman.
Mr. Escobar expressed thanks to those who helped put the awards together — City Council, Bob Brown,
Community Development Director, Joanne Webster, Downtown Business Improvement, together with the
parents who participated with their children on a rainy pre -Halloween day.
Stating this was a great program, Vice -Mayor Connolly, on behalf of the San Rafael City Council, presented
certificates to Sage Kleiman and Ryan Sterling, two of the four contest winners.
PUBLIC HEARINGS:
CONSIDERATION OF ORDINANCE NO. 1888 OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF
THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL. ADOPTING THE CALIFORNIA FIRE CODE,
2010 EDITION. WITH AMENDMENTS (FD) — FILE 1-6-4
Vice -Mayor Connolly declared the public hearing opened.
Deputy Fire Marshal John Lippitt reported that adoption of the 2010 California Fire Code with local
amendments, included the addition of new rules recognizing the new 2010 California Residential Code,
rules to clarify the authority and responsibility of the Fire Chief, rules regulating fireworks and explosives,
and clarified that they were prohibited without a permit while acknowledging they could be used with a
permit, together with new regulations for vegetation management to harmonize with the state code.
There being no comment from the audience, Vice -Mayor Connolly closed the public hearing.
The title of the Ordinance was read:
AN ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY
AMENDING CHAPTER 4.08 THERETO, ADOPTING THE CALIFORNIA FIRE CODE, 2010 EDITION,
WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR
SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH
CODES
Councilmember Heller moved and Councilmember Brockbank seconded, to dispense with the reading of
the ordinance in its entirety and refer to it by title only, and approve final adoption of Charter Ordinance No.
1888 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Heller, Levine & Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
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CONSIDERATION OF ORDINANCE NO. 1889 OF THE CITY OF SAN RAFAEL AMENDING TITLE 12
OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.14,
12.16, 12.20, 12.26 AND 12.28 THERETO, AND ADDING CHAPTER 12.13, ADOPTING THE
CALIFORNIA RESIDENTIAL CODE, 2010 EDITION, WITH AMENDMENTS: THE CALIFORNIA
BUILDING CODE, 2010 EDITION, WITH AMENDMENTS; THE CALIFORNIA MECHANICAL CODE,
2010 EDITION, WITH AMENDMENTS, THE CALIFORNIA PLUMBING CODE, 2010 EDITION, WITH
AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION, WITH AMENDMENTS; THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2009 EDITION, WITH AMENDMENTS:
ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE FOREGOING CODES: AND
ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE 2010 CALIFORNIA
BUILDING CODE AND 2010 CALIFORNIA RESIDENTIAL CODE (CD) — FILE 1-6-1 x 1-6-2 x 1-6-3 x 1-
6-5 x 1-6-6 x 1-6-7
Vice -Mayor Connolly declared the public hearing opened.
Chief Building Official Thomas Ahrens explained that every three years the State of California adopts a new
set of construction codes and this action was basically the local adoption with amendments carried forward
from year to year based on the unique climatic conditions. Other than the routine carry -forward, new items
included two new codes adopted by the State of California:
• California Residential Code — one in a group of the international codes that deals with one and two-
family dwellings exclusively. It included some minor revisions to handle the local sprinkler
ordinance and administrative issues; and
• California Green Building Code — adopted, and amended to incorporate the Green BERST
(Building, Energy Retrofit and Solar Transformation) program previous adopted.
Regarding the inclusion of the new International Property Maintenance Code, Mr. Ahrens explained this
was being included in order to update what was being done from a Code Enforcement standpoint. Two
out-of-date codes had been used — 1997 Uniform Housing Code and 1997 Uniform Code for the
Abatement of Dangerous Buildings, which were thirteen years old and out of print. The International Code
would help to integrate the other construction codes which were also based on the International group of
codes.
There being no comment from the audience, Vice -Mayor Connolly closed the public hearing.
The title of the Ordinance was read:
AN ORDINANCE AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY
AMENDING CHAPTERS 12.04, 12.12, 12.14, 12.16, 12.20, 12.44, AND 12.46 THERETO, AND DELETING
CHAPTERS 12.24, 12.26, 12.28, 12.32, AND 12.38, AND ADDING CHAPTERS 12.13, 12.21 AND 12.23
ADOPTING THE CALIFORNIA BUILDING CODE, 2010 EDITION, WITH AMENDMENTS; THE CALIFORNIA
RESIDENTIAL CODE, 2010 EDITION, WITH AMENDMENTS; THE CALIFORNIA MECHANICAL CODE, 2010
EDITION, WITH AMENDMENTS; THE CALIFORNIA PLUMBING CODE, 2010 EDITION, WITH
AMENDMENTS; THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION, WITH AMENDMENTS; THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2009 EDITION, WITH AMENDMENTS; THE
CALIFORNIA GREEN BUILDING STANDARDS CODE WITH AMENDMENTS; ADOPTING ENFORCEMENT
AND PENALTIES PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS OF FACT
SUPPORTING THE AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODE, 2010 CALIFORNIA
RESIDENTIAL CODE, AND THE 2010 GREEN BUILDING STANDARDS CODE
Councilmember Brockbank moved and Councilmember Levine seconded, to dispense with the reading of
the ordinance in its entirety and refer to it by title only, and approve final adoption of Charter Ordinance No.
1889 t by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Heller, Levine & Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
CITY MANAGER'S REPORT:
10. Citv Council Meeting of December 6, 2010: - File 9-1
As the recent Planning Commission hearing regarding the Target store was lengthy, City Manager Ken
Nordhoff suggested moving the December 6, 2010 City Council Meeting to a 6:00 p.m. start time to allow
580 CC 11-15-2010
adequate time for regular business and to conduct the public hearing and due diligence on the Target item.
Councilmember Brockbank inquired whether this item could be moved and seconded, as it was not
agendized.
As it was not substantive in nature, City Attorney Robert Epstein stated he was comfortable with doing this
as a procedural enactment on this occasion, for inclusion in the record.
Mr. Nordhoff confirmed that with Council direction staff would publish and notice the meeting in compliance
with regular public hearing noticing requirements. Together with including the item in Snapshot, staff would
work with local reporters to make note of the earlier start time.
Councilmember Heller moved and Councilmember Levine seconded to have the City Council Meeting of
December 6, 2010 commence at 6:00 p.m.
AYES: COUNCILMEMBERS: Brockbank, Heller, Levine & Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
11. Miscellaneous: - File 9-1
• Councilmember Levine thanked City Manager Ken Nordhoff and wished him good luck in his next
endeavor.
• He reported that Fritzi Schnel had been certified by the California Massage Therapy Council.
• Having toured the Music Center, currently located in Novato, Councilmember Levine stated it was a
great experience to see the different exhibits and he encouraged everyone to avail of a tour.
• He issued a reminder that the 'Marin Kids' launch would take place at the Marin County Civic Center,
Board of Supervisors' Chambers, on Wednesday, November 17, 2010 at 11:00 a.m.
Councilmember Brockbank moved and Councilmember Heller seconded to adjourn the City Council meeting at
8:51 o.m. in recognition of Ken Nordhoff's fourteen extremely meritorious years of service to the City of San Rafael,
the last five of which he served as City Manager. All were extremely grateful and wished him the best in the future.
The motion was carried unanimously.
2010
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF
581
ALBERT J. BORO, Mayor
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