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Home My WebLink AboutCC Minutes 2011-12-05IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, December 5, 2011 M"" C 11? .F ,1..i. MINUTES Regular Meeting San Rafael City Council Present: Mayor Phillips Councilmember Connolly Councilmember Heller Councilmember Levine Councilmember McCullough OPEN SESSION - COUNCIL CHAMBERS -7:00 PM Mayor Phillips announced Closed Session items. CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM 2. Closed Session: Also Present: City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne a. Conference with Legal Council - Initiation of Litigation, Pursuant to Government Code 54956.9(c) (One Case) b. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: City of San Rafael v. Marion K. Hill, Trustee Marin County Superior Court, Consolidated Cases, CIV 094392 and CIV 1001364 C. Conference with Labor Negotiators - Government Code Section 54957.6(a) Negotiators: Nancy Mackie, Jim Schutz, Anil Comelo, 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 Mary Larkin addressed the issue of water fluoridation. Sandra Sellinger Marin ReLeaf, invited all to participate in a tree planting on Saturday, December 10, 2011. Hugo Landecker commented on the lawsuit concerning Baseball at Albert Park. Robert Epstein Barry Taranto commented on the issues of video streaming, new Chief of Police and baseball at Albert Park. CONSENT CALENDAR: 3. Consent Calendar Items: a. Approval of Minutes of Special and Regular City Council Meetings of November 21, 2011 (CC) Sp. Mtg. Minutes 11/21/11 Minutes 11/21/11 Approved as submitted. b. Acceptance of Affirmations of Confidentiality of Closed Session from Mayor Phillips, Councilmember McCullough and Anil Comelo, Human Resources Director (CC) — File 9-1-2 Confidentiality - Closed Session Accepted Affirmations of Confidentiality. C. Reappointment of Judith Trusendi to a Two-year Term, to the End of December, 2013, on the Marin / Sonoma Mosquito & Vector Control District Board (CC) — File 9-2-9 Reappointment of Judith Trusendi Approved staff recommendation to reappoint Judith Trusendi. d. Resolution Approving a Memorandum of Understanding (MOU) Pertaining to Compensation and Working Conditions for Service Employees International Union, SEIU Local 1021 Child Care Unit (November 1, 2011 through October 31, 2013) (MS) — File 7-8-4 MOU Child Care RESOLUTION NO. 13271 - RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU LOCAL 1021 CHILD CARE UNIT (NOVEMBER 1 2011 THROUGH OCTOBER 31, 2013) e. Resolution Awarding Contract for Purchase of One (1) BMW R 1200 RT -P Motorcycle to BMW, San Francisco, in the Amount of $24,602.77 (PD) — File 9-3-30 Motorcycle RESOLUTION NO. 13272 - RESOLUTION AWARDING PURCHASE ORDER FOR ONE 910 BMW MODEL R 1200 RT -P POLICE MOTORCYCLE FROM BMW MOTORCYCLES OF SAN FRANCISCO IN THE AMOUNT OF $24,602.77 2 Resolution Accepting a Proposal from Gannett Fleming for Design Assistance on the Lifeline Transportation Program (LTP) Canal Neighborhood Transit and Pedestrian Access and Safety Improvements - Phase II Project and Authorizing the Public Works Director to Enter Into a Professional Services Agreement with Gannett Fleming in the Amount of $148,703 (PW) — File 4-3-530 Lifeline Transportation Program RESOLUTION NO. 13273 - RESOLUTION ACCEPTING A PROPOSAL FROM GANNETT FLEMING FOR DESIGN ASSISTANCE ON THE LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL NEIGHBORHOOD TRANSIT AND PEDESTRIAN ACCESS AND SAFETY IMPROVEMENTS — PHASE II PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH GANNETT FLEMING IN THE AMOUNT OF $148,703 Councilmember Connolly moved and Councilmember Heller seconded to approve the Consent Calendar. AYES: Councilmembers: Connolly, Heller, Levine, McCullough and Mayor Phillips NOES: None ABSENT: None PUBLIC HEARINGS 4. Public Hearings: a. Group Homes: 13-16 x 9-3-16 x 9-3-85 1) Status Report Regarding Temporary Moratorium on the Establishment and Operation Within the City of San Rafael of Certain Large Group Homes that are Transitory in Nature (CA) 2) Consideration of Ordinance Adopted as an Urgency Measure Making Findings and Extending a Temporary Moratorium on the Establishment and Operation Within the City of San Rafael of Certain Large Group Homes that are Transitory in Nature, and Declaring the Urgency Thereof (CA) City Attorney Robert Epstein presented the staff report. City Manager Nancy Mackle Group Homes Mayor Phillips declared the public hearing opened. Amy Likeover George Silvestri Jr., attorney. Hugo Landecker Samantha Sargent There being no further comment, Mayor Phillips closed the public hearing. Robert Epstein Councilmember Heller Robert Epstein Councilmember Levine moved and Councilmember Heller seconded to accept the report. AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None Councilmember Levine moved and Councilmember McCullough seconded to adopt the ordinance (four- fifths vote required) AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None ORDINANCE NO. 1900 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE MAKING FINDINGS AND FURTHER EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION WITHIN THE CITY OF SAN RAFAEL OF CERTAIN LARGE GROUP HOMES THAT ARE TRANSITORY IN NATURE AND DECLARING THE URGENCY THEREOF" b. 750-790 Lindaro Street / 781-791 Lincoln Avenue (San Rafael Corporate Center) - Amendments to PD -1754 District, Master Use Permit and Development Agreement to: a) Expand Allowable Uses to Include Medical and Research and Development Uses; and b) Authorize a Parking Reduction for the Medical Use Component (CD) — File 10-3 x 10-5 x R-368 x R405 Corporate Center Paul Jensen, Community Development Director, presented the staff report. Mavor Phillips declared the public hearing opened. Wick Polite, San Rafael Corporate Center There being no further comment from the audience, Mayor Phillips closed the public hearing. Councilmember Heller Councilmember McCullough Mayor Phillips Paul Jensen Councilmember Connolly Wick Polite 4 1) Resolution adopting Negative Declaration; Councilmember Connolly moved and Councilmember Heller seconded to adopt the Resolution. AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None RESOLUTION NO. 13274 — RESOLUTION ADOPTING A NEGATIVE DECLARATION (IS11-002) PREPARED FOR AMENDMENTS TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) PLANNED DEVELOPMENT (PD -1754) DISTRICT (ZC11- 002), MASTER USE PERMIT (UP11-033) AND DEVELOPMENT AGREEMENT (DA11-001) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT, AND TO SUPPORT APPROVAL OF A PARKING REDUCTION FOR THE MEDICAL USE (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) 2) Pass Ordinance to print Amending the PD -1754 District; The title of the ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED DEVELOPMENT (PD - 1754) DISTRICT ADOPTED FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT LAND USES ZC11-002 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) Councilmember Levine moved and Councilmember McCullough seconded to dispense with the reading of the ordinance in its entirety and pass Charter Ordinance No. 1901 to print, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None 3) Resolution Conditionally Approving an Amendment to the Master Use Permit; RESOLUTION NO. 13275 — RESOLUTION APPROVING AN AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750 — 790 LINDARO STREET AND 781-791 LINCOLN AVENUE) MASTER USE PERMIT (UP11-033) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT, AND TO APPROVE A PARKING REDUCTION FOR THE MEDICAL USE (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) Councilmember Levine moved and Councilmember McCullough seconded, to adopt the Resolution. AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None 4) Pass Ordinance to print adopting an amendment to the San Rafael Corporate Center Development Agreement The title of the ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA97-1) FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT AND TO UPDATE THE AGREEMENT TERMS DA11-001 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) Councilmember Connolly moved Councilmember McCullough seconded to dispense with the reading of the ordinance in its entirety and pass Charter Ordinance No. 1902 to print by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 5. Other Agenda Items: a. Resolution Authorizing the City Manager to Execute a Facility Use and Management Agreement with Marin Bocce Federation for the Albert Park Bocce Ball Complex (CS) - File 4-3-275 Bocce Use Agr. Carlene McCart, Community Services Director, presented the staff report. Councilmember Levine / Carlene McCart Councilmember McCullough / Carlene McCart Councilmember Connolly Tom Miller Councilmember Heller Samantha Sargent Councilmember Connolly moved and Councilmember Levine seconded to adopt the Resolution RESOLUTION NO. 13276 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE AND MANAGEMENT AGREEMENT WITH MARIN BOCCE FEDERATION FOR THE ALBERT PARK BOCCE BALL COMPLEX AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: None ABSENT: None CITY MANAGER'S REPORT: 6. City Manager Mackle congratulated and welcomed the newly elected and re-elected members of the City Council and staff. 0 COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on meetinqs and conferences attended at Citv expense 7. Mayor Phillips stated he was delighted to be back and looked forward to the support of Council and staff. ADJOURNMENT 9:17 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12011 GARY O. PHILLIPS, Mayor 7