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Home My WebLink AboutCC Minutes 2011-05-16IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL , MONDAY, MAY 16, 2011 Regular Meeting San Rafael City Council Present: Mayor Boro Vice -Mayor Brockbank Councilmember Connolly Councilmember Heller Councilmember Levine Absent: None Also Present: City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM 1. Mayor Boro announced Closed Session item. CLOSED SESSION - CONFERENCE ROOM 201 - 6:00 PM 2. Closed Session Item: MINUTES a) CONFERENCE WITH LABOR NEGOTIATORS - (Gov. Code Section 54957.6(a)) 1) NEGOTIATORS: Nancy Mackie, Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein, and Kelly Tuffo and Jack Hughes, Liebert Cassidy 2) EMPLOYEE ORGANIZATION(S): Western Council of Engineers, Local 1 - Confidential, SEW Child Care Unit, SEW Miscellaneous & Supervisory, San Rafael Fire Chief Officers' Assn., San Rafael Firefighters' Assn., San Rafael Police Mid -Management Assn., San Rafael Police Association, Unrepresented Management, Unrepresented Mid -Management, Elected City Clerk and Elected Part -Time City Attorney. City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM Professional Baseball at Albert Park: - File 9-1 x 9-3-66 Samantha Sargent - Samantha Sargent, Gerstle Park Neighborhood Association, stated that the residents request that the proposal for new development at Albert Park go through the planning and - 1 - design review process. She also requested a written response from the City Attorney to the letter submitted by the Law Office of Nick S. Rossi, Esquire. Brian Gannon - Brian Gannon, San Rafael, stated that the proposed development of a stadium for a professional baseball team at Albert Park must go through the same design review process required of all other new developments in San Rafael. Laura Gannon - Laura Gannon, San Rafael, stated that a dangerous precedent would be set by having the Community Services Department utilizing this park in whatever way they wished. She submitted a copy of the letter from their attorney dated May 4, 2011 detailing their belief that "the developer is unlawfully seeking to circumvent the planning process contemplated by the City's Municipal Code and General Plan." Amy Likover - Amy Likover, Gerstle Park Neighborhood Association, requested that the proposal be examined with careful scrutiny and stated that any contract should benefit the City, its residents and their quality of life. Ross Parmenter - Ross Parmenter, San Rafael, stated that more thought should be given to the noise element associated with baseball at Albert Park. Robert Epstein - Robert Epstein, City Attorney, stated that Mr. Rossi's letter was being reviewed and a response would be provided on completion of that review. Jonathan Frieman - Brown Act: Jonathan Frieman, quoted from the Brown Act and stated that Keep it Local San Rafael was promoting the maintenance of traditional institutions by urging, at the most, a minimal and gradual change in society. CONSENT CALENDAR: At the request of Councilmember Connolly, Item #6 removed from Consent Calendar for a separate vote, consistent with the first reading. Councilmember Heller moved and Councilmember Levine seconded, to approve the remainder of the Consent Calendar. 3. Approval of Special and Regular City Council Meeting Minutes of May 2, 2011 (CC) CC Sp.5/2/11 CC 5/2/11 Minutes CC 03 Minutes approved as submitted. 4. Call for Applications to Fill One Four -Year Term and One Alternate Four -Year Term on the Design Review Board, due to Expiration of Terms of John Robertson, Alternate, and Stewart Summers, with Terms to Expire End of June, 2015 (CC) File 9-2-39 Approved staff recommendation. a) Called for applications to fill one four-year term and one alternate four-year term on the Design Review Board, due to expiration of terms of John Robertson, Alternate, and Stewart Summers, with terms to expire the end of June, 2015; b) Set deadline for receipt of applications for Tuesday, June 7, 2011 at 5:00 p.m. in the City Clerk's Office, Room 209, City Hall; and c) Interviews to be scheduled for date to be determined in late June/early July DRB Vacancies -2- 5. Call for Applications to Fill Two Four -Year Terms on the San Rafael Planning Commission, due to Expiration of Terms of Daniel Sonnet and Jeff Kirchmann, with Terms to Expire end of June, 2015 (CC) - File 9-2-6 Planning Comm. Vacancies Approved staff recommendation. a) Called for applications to fill two four-year terms on the Planning Commission, to expire the end of June, 2015; b) Set the deadline for receipt of applications for Tuesday, June 7, 2011 at 5:00 p.m. in the City Clerk's Office, City Hall, Room 209; and c) Interviews to be scheduled for date to be determined in late June/early July 7. Resolution Authorizing the City Manager to Execute, on Behalf of the City of San Rafael, an Agreement with Janet Pendoley to Provide Management and Administrative Services to the Finance Department (MS) - File 4-3-520 Interim Finance Director RESOLUTION NO. 13151 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JANET PENDOLEY TO PROVIDE MANAGEMENT AND ADMINISTRATIVE SERVICES FOR THE FINANCE DEPARTMENT COMMENCING MAY 21, 2011 8. Accept Completion of the ADA/DOJ Compliance Curb Ramp 2009-2010 Project, City project #15006, and Authorize the City Clerk to File the Notice of Completion (PW) - File 4- 1-616 DOJ Curb Ramp 2009-10 Approved staff recommendation. 9. Accept Completion of the Corporate Center Storm Water Pump Station Renovation, Project # 11131, and Authorize the City Clerk to File the Notice of Completion (PW) - File 4-1-612 Corporate Center Pump Station Approved staff recommendation. 10. Adopt Plans and Specifications for Construction of the City Hall HVAC Upgrade Project, City Project No. 11154, And Authorize the City Clerk to Call for Bids (PW) - File 4-1-622 City Hall HVAC Approved staff recommendation. 11. Resolution Authorizing the Director of Public Works to Execute a Professional Services Agreement with LSA Associates for Cultural Resource Services on the Non -Motorized Transportation Pilot Program (NTPP) Puerto Suello Hill Path to Transit Center Connector Project (Federal Aid Project Number NMTPL 5043(023); City Project No. 11115, in the Amount of $53,010.00 (PW) - File 4-3-521 x 9-3-40 -3- LSA - NTPP RESOLUTION NO. 13152 — RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES FOR CULTURAL RESOURCE SERVICES ON THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT (FEDERAL AID PROJECT NUMBER NMTPL 5043(023); CITY PROJECT NUMBER 11115) IN THE AMOUNT OF $53,010 12a) Resolution Authorizing Closure of Downtown City Streets for the San Rafael Mile on Sunday, June 5, 2011 from 5:00 a.m. - 10:00 a.m. (RA) San Rafael Mile RESOLUTION NO. 13153 — RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF DOWNTOWN CITY STREETS FOR THE SAN RAFAEL MILE ON SUNDAY, JUNE 5, 2011 FROM 6:00 A.M. TO 10:00 A.M. 12b) Monthly Investment Report for Month Ending April, 2011 (Fin) - File 8-18 x 8-9 Accepted Monthly Investment Report for Month Ending April, 2011, as presented. MIR April Councilmember Heller moved and Councilmember Levine seconded to approve the Consent Calendar as follows: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None CONSENT CALENDAR (Continued) 6. PROJECT: TARGET STORE (125 SHORELINE PARKWAY): - File Target Development at Shoreline 10-2 #3 City Attorney Robert Epstein stated that the Legal Description presented in the PD District Ordinance - Exhibit IV - contained a minor typographical error. The Legal Description on Page 136 of the staff report references the "Map of the Shoreline Center" as amended in Exhibit B to reflect the division of Parcel 6. The reference to Exhibit B is incorrect and the correct reference should be Exhibit A-1 of the ordinance. Exhibit A-1 on the preceding page of the ordinance reflects the division of Parcel 6. Staff requested that the record be corrected. Public Comment: Adrian Simi - Adrian Simi, Carpenters' Local 35, stated they would enjoy and looked forward to working with Target to build this project. Andy Bachich - Andy Bachich stated he would have loved to have seen a hospital or medical clinic on this site. M Jack Buckhorn - Jack Buckhorn, President, North Bay Central Labor Council and Secretary/Treasurer of the Building Trades Council for Sonoma County, expressed thanks for the apprenticeship language they proposed. He requested however, that the language submitted by staff be reconsidered. Casey Mazzoni - Casey Mazzoni, Marin Builders' Association, stated that the Marin Builders' Association endorses the proposed apprenticeship program agreed to by Target, noting the conditions were fair to all contractors. David Mayer - David Mayer commented that this project was intended to be about the entire community and he was saddened to hear complaints regarding hiring apprentices. He stated he would be paying attention to the election in November, 2011. John Reynolds - John Reynolds clarified that the contribution to the Library Foundation was $25,000 annually for ten years. Paul Rogers - Paul Rogers urged the City Council to consider the current merchants of San Rafael before voting. Phil Tucker - Phil Tucker, Project Director, California Healthy Communities Network, stated that the types of impacts referred to By Mr. Watt at the meeting of April 21, 2011 were accurate and perhaps understated because of the existence of another Target in the same primary trade area. Doug Madison - Doug Madison, San Rafael, stated he was opposed to the project because it would make the traffic issue even worse. a) Second Reading and Final Adoption of Resolution No. 13140 - Resolution Adopting an Addendum to a Certified Final Environmental Impact Report (FEIR) (Sch#2007082125) Prepared for the Construction of a 137,511 Square -Foot Target Store at Lot 6 at the Shoreline Center, 125 Shoreline Parkway (APN 009-320-45) GPA 07-004, ZC07-002, UP07- 018, ED07-038, S10-002 (CD) Councilmember Heller moved and Councilmember Levine seconded to approve Final Adoption of Resolution No. 13140. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None b) Second Reading and Final Adoption of Resolution No. 13141 - Resolution Adopting CEQA Findings of Fact, Approving an Exception to the City Adopted Level of Service Standards Set Forth in San Rafael General Plan 2020 Circulation Element Policy C-5, Adopting a Statement of Overriding Considerations and Approving the Mitigation Monitoring and Reporting Program (MMRP) Supporting the Approval of a 137,511 Square -Foot Target Store Project on Lot 6 at the Shoreline Center, 125 Shoreline Parkway (APN 009-320-45) GPA 07-004, ZC07-002, UP07-018, ED07-038, S10-002 (CD) Councilmember Levine proposed the following change to Resolution No. 13141, Page 62 - Employment Section - mostly for the purposes of clarity and accountability: Remove the word 'Openshop' in sentence 2; the remainder of the sentence to remain unchanged. Change to the third sentence to read: "Target has committed to the hiring of a minimum of five and as many as eighteen local apprentices enrolled and participating in an apprenticeship program serving the local employment area." Remainder of the employment section to remain unchanged. -5- Councilmember Levine moved and Councilmember Heller seconded to approve Final Adoption of Resolution No. 13141. AYES: Councilmembers: Heller, Levine & Mayor Boro NOES: Councilmembers: Brockbank & Connolly ABSENT: Councilmembers: None C) Second Reading and Final Adoption of Resolution No. 13142 - Resolution Approving an Amendment to the San Rafael General Plan 2020: a) Amending Land Use Element Exhibit II, Light Industrial/Office Land Use Description; and b) Neighborhood Element Policy NH - 59 (Cal -Pox Site East of Home Depot) to Expand the Permitted Uses to Include Region - Serving, Specialty Retail GPA07-004 (CD) Councilmember Heller moved and Councilmember Levine seconded to approve Final Adoption of Resolution No. 13142. AYES: Councilmembers: Heller, Levine & Mayor Boro NOES: Councilmembers: Brockbank & Connolly ABSENT: Councilmembers: None d) Second Reading and Final Adoption of Ordinance No. 1895 - "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED DEVELOPMENT (PD -1726) DISTRICT ADOPTED FOR THE SAN RAFAEL SHORELINE CENTER, SHORELINE PARKWAY ZC07- 002 (CD) Councilmember Levine moved and Councilmember Heller seconded to approve Final Adoption of Ordinance No. 1895. AYES: Councilmembers: Heller, Levine & Mayor Boro NOES: Councilmembers: Brockbank & Connolly ABSENT: Councilmembers: None e) Second Reading and Final Adoption of Resolution No. 13143 - Resolution Approving a Use Permit (UP -018), Environmental and Design Review Permit (ED07-038) and a Vesting Tentative Map (S10-002) to Allow the Construction of a 137,511 Square -Foot Target Store on Lot 6 at the Shoreline Center, 125 Shoreline Parkway (APN 009-32045) (CD) Councilmember Levine proposed a change to Page 15 - Economic Development - Section 7. Subsection b. should read: "Target has committed to the hiring of a minimum of five and as many as eighteen local apprentices enrolled and participating in an apprenticeship program serving the local employment area." Remainder of section unchanged. Councilmember Heller moved and Councilmember Levine seconded, to approve final adoption of Resolution No. 13143. AYES: Councilmembers: Heller, Levine & Mayor Boro NOES: Councilmembers: Brockbank & Connolly ABSENT: Councilmembers: None Complete staff report available at http://www.citvofsanrafael.orq/Government/Community Development/Target.htm PUBLIC HEARING Mayor Boro declared the public hearing opened 13. Consideration of Resolution Levying an Annual Assessment for Downtown Parking and Business Improvement District for Fiscal Year 2011-12 (RA) -File 183 x 224 BID Assessment Stephanie Lovette - Acting Economic Development Director Stephanie Lovette presented the staff report. There being no comment from the audience, Mayor Boro closed the public hearing. Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 13154 — RESOLUTION LEVYING AN ANNUAL ASSESSMENT FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011-12 OTHER AGENDA ITEMS: 14. Review of Projected City Budget for Fiscal Year 2011-2012 (CM/Fin) - File 8-5 Review of Budget Nancy Mackle Cindy Mosser - Finance Director Cindy Mosser presented the staff report. Nancy Mackle wished Cindy Mosser well in her new position. Mayor Boro noted Cindy was presented with a Proclamation at a reception at Falkirk on May 10, 2011. Nader Mansourian - Public Works Director Nader Mansourian introduced the Capital Improvement Program. Kevin McGowan - Assistant Public Works Director Kevin McGowan gave a PowerPoint presentation on the Capital Improvement Program for 2011-2013. Council and staff comments: Mayor Boro Nader Mansourian Councilmember Levine Mayor Boro Mayor Boro -7- Mayor Boro had questions pertaining to Rossi Pump Station. Nancy Mackle Councilmember Levine moved and Councilmember Heller seconded, to accept the report. CITY MANAGER'S REPORT: 15. MCCMC (Marin County Council of Mayors and Councilmembers: - File 113 City Manager Mackle announced that San Rafael would host the MCCMC Dinner at the Embassy Suites Hotel, San Rafael, on May 25, 2011; Speaker — Jon Haveman, Ph.D., local economist. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on 16. Councilmember Brockbank - Marin Economic Forum: - File 9-1 Councilmember Brockbank reported on his attendance at the Marin Economic Forum. Councilmember Heller - Association of Bay Area Governments (ABAG): - File 111 Councilmember Heller reported on her attendance at the ABAG meeting on May 11, 2011. Mayor Boro Volunteer Reception at Falkirk: - File 9-3-84 Councilmember Connolly agreed to substitute for Mayor Boro at this event on Friday, May 20, 2011. There being no further business the City Council meeting was adjourned at 9:45 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12011 ALBERT J. BORO, Mayor