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Home My WebLink AboutCC Minutes 2011-09-19IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, September 19, 2011 MINUTES Regular Meeting San Rafael City Council Present: Mayor Boro Vice -Mayor Brockbank Councilmember Connolly Councilmember Heller Councilmember Levine Absent: None OPEN SESSION - COUNCIL CHAMBERS - 6:30 PM Also Present: Nancy Mackie, City Manager Robert Epstein, City Attorney Esther Beirne, City Clerk 1. Mayor Boro announced Closed Session items CLOSED SESSION - CONFERENCE ROOM 201 — 6:30 PM 2. Closed Session: a. Public Employment - Government Code Section 54957(b)(1) Title: Chief of Police b. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(A) Case Name: Keep it Local San Rafael v. City of San Rafael Marin Superior Court Case # CIV1102978 C. Conference with Labor Negotiators - Government Code Section 54957.6(a) Negotiators: Nancy Mackie, Jim Schutz, Leslie Loomis, Robert Epstein Employee Organization: - Child Care Unit City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM Nicole Ely, San Rafael Patch, Jan Collier and Barry Taranto addressed the City Council. Nicole Ely Jan Collier Barry Taranto 1 CONSENT CALENDAR: 3. Consent Calendar Items: a. Approval of Minutes of City Council Meeting of September 6, 2011 (CC) Minutes 9/6/2011 Approved as submitted. b. Resolution Granting in Part and Denying in Part the Appeal of the Contempo Marin Homeowners' Association from the Arbitration Awards on Petitions Filed Between 2006 and 2010 by Equity Lifestyle Properties, Inc., for Rent Increases at Contempo Marin Mobilehome Park, and Modifying the Awards of the Arbitrators (CA) File 13-7-1 Contempo Marin RESOLUTION NO. 13236 - RESOLUTION GRANTING IN PART AND DENYING IN PART THE APPEAL OF THE CONTEMPO MARIN HOMEOWNERS' ASSOCIATION FROM THE ARBITRATION AWARDS ON PETITIONS FILED BETWEEN 2006 AND 2010 BY EQUITY LIFESTYLE PROPERTIES, INC. FOR RENT INCREASES AT CONTEMPO MARIN MOBILEHOME PARK, AND MODIFYING THE AWARDS OF THE ARBITRATORS C. Monthly Investment Report for Month Ending August, 2011 (Fin) — File 8-18 x 8-9 Investment Report 8/2011 Accepted report. d. Resolution Extending the Marin County Abandoned Vehicle Service Authority Registration Fee Until April 2022 MS) — File 4-4-6a. Abandoned Vehicles RESOLUTION NO. 13237 - RESOLUTION EXTENDING THE MARIN COUNTY ABANDONED VEHICLE SERVICE AUTHORITY REGISTRATION FEE UNTIL APRIL, 2022 e. Second Reading and Final Adoption of Ordinance No. 1899 (RA) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ENACTED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF SAN RAFAEL AND THE SAN RAFAEL REDEVELOPMENT AGENCY IN THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW — File 140 X (SRRA) R-140 XIX Ordinance 1899 - Agency Approved final adoption of Ordinance No. 1899 Resolution Authorizing Street Closure of Fourth Street, from Shaver Street to H Street, Ida Street from Second Street to Fourth Street, G Street from Second Street to Fifth Avenue and F Street from Fifth Avenue to Latham Street for the West End Village Family Fun Day on October 9, 2011 from 7:00 a.m. - 10:00 p.m. (RA) — File 11-19 2 Street Closure - West End RESOLUTION NO. 13238 - RESOLUTION AUTHORIZING STREET CLOSURE OF FOURTH STREET FROM SHAVER STREET TO H STREET, IDA STREET FROM SECOND STREET TO FOURTH STREET, G STREET FROM SECOND STREET TO FIFTH AVENUE, AND F STREET FROM FIFTH AVENUE TO LATHAM STREET FOR THE WEST END VILLAGE FAMILY FUN DAY ON OCTOBER 9, 2011 FROM 7:00 AM - 10:00 PM g. Resolution Authorizing Street Closure of A Street, from Fourth Street to Fifth Avenue, for the Mill Valley Film Festival Children's Parade Celebration on October 9, 2011 from 1:30 - 2:30 p.m. (RA) — File 11-19 Street Closure - Mill Valley Film Festival RESOLUTION NO. 13239 - RESOLUTION AUTHORIZING STREET CLOSURE OF A STREET FROM FOURTH STREET TO FIFTH AVENUE FOR THE MILL VALLEY FILM FESTIVAL CHILDREN'S PARADE CELEBRATION ON OCTOBER 9, 2011 FROM 1:30 - 2:30 PM h. Resolution Approving and Authorizing the Execution of the Agency Transfer Payment Agreement with the San Rafael Redevelopment Agency Pursuant to Part 1.9 of the Redevelopment Law (RA) — 140 x (SRRA) R-140 XIX Agency Transfer Payment Agr. RESOLUTION NO. 13240 - RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF THE AGENCY TRANSFER PAYMENT AGREEMENT WITH THE SAN RAFAEL REDEVELOPMENT AGENCY PURSUANT TO PART 1.9 OF THE REDEVELOPMENT LAW Councilmember Connolly moved and Councilmember Levine seconded to approve the Consent Calendar. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None OTHER AGENDA ITEMS: 4. Other Agenda Items: a. Agreement Between the City of San Rafael and Centerfield Partners to Utilize Albert Park Stadium and Baseball Field for Professional Minor League Baseball in 2012 (CS) — File 9-3- 66 Albert Park Baseball Nancy Mackle, City Manager introduced the item. Carlene McCart, Community Services Director, presented the staff report. Council questions and discussion: Councilmember Heller / Carlene McCart Councilmember Brockbank / Carlene McCart / Robert Epstein Councilmember Connolly / Carlene McCart / Robert Epstein Councilmember Levine / Carlene McCart Mayor Boro / Carlene McCart Mike Shapiro, Managing Principal, Redwood Sports Entertainment and advisor to Centerfield Partners, addressed the City Council. Councilmember Brockbank / Mike Shapiro Councilmember Connolly / Mike Shapiro Councilmember Brockbank / Mike Shapiro The following members of the public addressed the City Council: Suzanna and Lyle Rumon, Brian Gould, Joanne Franklin -Knox, Vivienne Volz, Barry Taranto, Hugo Landecker, Suzanne Alfinderi, Teresa Bell, Aleise Leyland. The following members of the public addressed the City Council, R.G. Emerson, Alec Kassin, John Mitgard Ellen Pedromo, Andrew Bartlett, Brett Goldman, Dale Newhouse, Charlie Pick, Adena Beaumont, Larry Kassin, Ken Conroy, Sharon Goslin, Joanna Peterson, Paula Stoddard Robert Epstein discussed the deed restriction issue, concludina that the law as it respects the deed imposes no limitation on this application. Carlene McCart clarified issues raised regarding revenue, hours, etc. Councilmember Brockbank / Mr. Shapiro Councilmember Levine / Mr. Shapiro Councilmember Levine / Carlene McCart Mayor Boro Council deliberations: Councilmember Levine stated he supported the proposal. Councilmember Connolly stated he was in favor of the proposal. Councilmember Heller stated she would like to see the proposal go forward. Councilmember Brockbank stated he would vote in support of the proposal. 4 Mayor Boro stated he was in support of the proposal. Nancy Mackle explained that this evening's action was to approve the proposal: 45 dates - one year - seating, parking, etc. The meeting with the sub -committee, scheduled for September 20, 2011 in the Corporate Center, Tamalpais Room, at 6:00 p.m., to which the public was invited, would not revisit these issues, rather was intended to hear ideas and evaluate what the final agreement would contain. Councilmember Connolly moved and Councilmember Levine seconded to approve use of facilities and direct staff to return with final agreement for the 2012 baseball season on October 3, 2011. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None CITY MANAGER'S REPORT: 5. City Manager's Report - None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on meetinqs and conferences attended at Citv expense 6. Councilmember Reports Marin Transit: Councilmember Heller reported that Marin Transit had scheduled a Strategic Planning Board Workshop for September 26, 2011 at the San Rafael Corporate Center from 10:00 a.m. - noon. ADJOURNMENT 10:25 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2011 ALBERT J. BORO, Mayor 5