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Home My WebLink AboutCC SA Minutes 2014-01-21IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Tuesday, January 21, 2014 %1"n vile Regular Meeting MINUTES San Rafael City Council Present: Mayor Phillips Vice -Mayor Connolly Councilmember Bushey Councilmember Colin Councilmember McCullough Absent: None Also Present: Nancy Mackle, City Manager, Robert Epstein, City Attorney, Esther Beime, City Clerk OPEN SESSION - COUNCIL CHAMBERS - AT CONCUSION OF CITY COUNCIL/SUCCESSOR AGENCY MEETING 1. Mayor Phillips announced Closed Session items: The Police Department Honor Guard presented the colors CLOSED SESSION - AT CONCLUSION OF CITY COUNCIL / SUCCESSOR AGENCY MEETING 2. Closed Session: a. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager b. Conference with Labor Negotiators - Government Code Section 54957.6(a) Negotiators: Robert Epstein, Jim Schutz and Deirdre Dolan Unrepresented Employee - City Manager City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENT NATURE - 7:00 PM Steve Cotton, Terra Linda Towing, addressed the issue of the fee structure and submitted material for Council's review. Jane Levinson addressed the issue of cars "for sale" parked on Bellam Avenue at the weekends. She suggested that restaurants provide water on demand only, because of the current drought. CONSENT CALENDAR: Mayor Phillips noted that Item 3.c. would be removed from the consent calendar for discussion at the request of Mr. Bill Carney. Vice -Mayor Connolly moved and Councilmember McCullough seconded to approve the remainder of the Consent Calendar. 3. Consent Calendar Items: a. Approval of Minutes of Special City Council and Regular City Council / Successor Agency meetings of December 2, 2013 and December 16, 2013 (CC) Minutes 12/2/2013 Special Minutes 12/2/2013 Regular Minutes 12/16/2013 Special Minutes 12/16/2013 Regular Minutes approved as submitted - b. Call for Applications to Fill One Unexpired Term on the Bicycle and Pedestrian Advisory Committee, Due to Resignation of Martin Rayman, and to Fill Two Youth Member Terms (CC) — File 9-2-55 BPAC Call for Apps. Approved staff recommendation C. Resolutions Authorizing the City Manager to Execute Two Separate Professional Services Agreements (PSA) for a Potential Development Project at the San Rafael Corporate Center: (CD) — File 4-3-558 Paul Jensen, Community Development Director, presented the staff report. Bill Carney, Sustainable San Rafael Matt Butler, San Rafael Yacht Harbor 1) Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with Kimley-Horn and Associates, Inc. for Environmental Planning to Provide CEQA Guidance and Prepare an Initial Study for Amendments Proposed at the San Rafael Corporate Center Project (Term of Agreement: January 21, 2014 to July 21, 2015 for an Amount not to Exceed $90,000); - File 4-3-558 RESOLUTION NO. 13667 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ENVIRONMENTAL 2 PLANNING TO PROVIDE CEQA GUIDANCE AND PREPARE AN INITIAL STUDY FOR AMENDMENTS PROPOSED AT THE SAN RAFAEL CORPORATE CENTER PROJECT (Term of Agreement: from January 21, 2014 to July 21, 2015 for an amount not to Exceed $90,000) 2) Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with LAK Associates, LLC to Serve as Project Planner for Land Use Entitlement Amendments Proposed at the San Rafael Corporate Center Project (Term of Agreement: January 21, 2014 to July 21, 2015, for an Amount not to Exceed $40,000) - File 4-3-559 RESOLUTION NO. 13668 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LAK ASSOCIATES, LLC TO SERVE AS PROJECT PLANNER FOR LAND USE ENTITLEMENT AMENDMENTS PROPOSED AT THE SAN RAFAEL CORPORATE CENTER PROJECT (Term of Agreement: from January 21, 2014 to July 21, 2015, for an amount not to Exceed $40,000) Councilmember McCullough moved and Councilmember Colin seconded to adopt the Resolutions (2) AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None Aqrs. Kimley-Horn / LAK Associates re Corporate Center d. Second Reading and Final Adoption of Ordinance No. 1918 (Fin) - ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 10, CHAPTER 10.04 BUSINESS LICENSE, BY AMENDMENTS TO THE TITLE OF THE CHAPTER; TO SECTION 10.04.010 - DEFINITIONS: SUBSECTION X, PROFESSIONAL SERVICES AND SUBSECTION Y, GROSS RECEIPTS; TO SECTION 10.04.020 - BUSINESS LICENSE -GENERALLY; TO SECTION 10.04.070 - HOW AND WHEN PAYABLE; TO SECTION 10.04.015 - LICENSE TAXES; TO SECTION 10.040.118 - FAILURE TO COMPLY WITH OTHER CITY ORDINANCES; TO SECTION 10.04.130 - PENAL PROVISIONS; TO SECTION 10.04.190 - UNLAWFUL BUSINESS; TO SECTION 10.04.200 - PURPOSE OF ORDINANCE; AND TO SECTION 10.04.210 - LICENSE REQUIRED; AND REPEALING SECTIONS 10.04.100 - LICENSE FEES PAID IN ADVANCE AND 10.04.160 — STICKERS — File 9-10 Ord. 1918 Business License Approved final adoption of Ordinance No. 1918. e. Resolution of Appreciation for Captain Jeff Franzini, Retiring from the Police Department after Thirty -Four Years of Service to the City of San Rafael (PD) — File 102 RESOLUTION NO. 13664 - RESOLUTION OF APPRECIATION FOR CAPTAIN JEFF FRANZINI, RETIRING FROM THE POLICE DEPARTMENT AFTER THIRTY-FOUR YEARS OF SERVICE TO THE CITY OF SAN RAFAEL Accept Completion of the Street Resurfacing 2012-2013 Project, City Project No. 11185, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-643 Completion Street Resurfacing 12-13 Approved staff recommendation. g. Resolution Approving the Subdivision Map and the Subdivision Improvement Agreement for the Village at Loch Lomond Marina - Phase 1 (PW) — File 5-1-367 Loch Lomond Subdivision Ma RESOLUTION NO. 13665 - RESOLUTION APPROVING THE SUBDIVISION MAP AND THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE VILLAGE AT LOCH LOMOND MARINA - PHASE 1 h. Resolution Approving the Parcel Map Labeled "Parcel Map - Lands of Untermann" (PW) — File 5-2-117 Parcel Map Lands of Untermann RESOLUTION NO. 13666 - RESOLUTION APPROVING THE PARCEL MAP LABELED "PARCEL MAP - LANDS OF UNTERMANN". AYES: Councilmembers: Bushey, Colin, Connolly, McCullough and Mayor Phillips NOES: None ABSENT: None ABSTAINING: Mayor Phillips from Minutes of 12/16/2013 due to absence from meeting. Councilmember Colin recused herself from item 3.h. due to potential conflict of interest, in that she resides in close proximity to the subject property SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation of Resolution of Appreciation to Captain Jeff Franzini (PD) Mayor Phillips presented the Resolution of Appreciation to Captain Jeff Franzini. City Manager Nancy Mackle Chief of Police Diana Bishop Captain Jeff Franzini PUBLIC HEARINGS 5. Public Hearings: a. 397-400 Smith Ranch Road (San Rafael Airport Recreational Facilitv) - Resolution Approving UP13-50, as an Amendment to Master Use Permit No. UP05-08 Conditions of Approval, for the Construction of a New 85,700 -Square -Foot Recreation Building, Two Outdoor Fields, and Associated Site Improvements, Landscaping and Parking on a Vacant Portion of the 119 -5 -Acre San Rafael Airport Property Located at 397-400 Smith Ranch Road (San Rafael Airport Recreational Facility Project) (APNs: 155-230-10, 11, 12, 13, 14,15, and 16) ZC05-01, UP05-08, ED05-15 (CD) — File 10-3 SR Airport Soccer Complex #2 4 San Rafael Airport Rec. Facility Kraig Tambornini, Senior Planner, presented the staff report. The applicant indicated he wished to reserve addressing the City Council until after public comments were taken, Mayor Phillips declared the public hearing opened. Len Rifkind, representing Captain's Cove Property Owners' Association Alan Scotch Paul Vasguas Art Reickhart Pamela Reeves Layley Furst Bill Small Paul Geller Ellen Steinham Russ Albano Frances Nunez Ken King James Knolls Therese Grant Ron Beasley Judy Olive John Hale Evan Marks Monica Casten Linda Pool Bob Herbst, Facility Owner 5 Andrew Rowley, Facility Operator There being no further comment from the audience, Mayor Phillips closed the public hearing. Councilmember McCullough / Kraig Tambornini Councilmember Colin / Kraig Tambornini Councilmember Bushey / Kraig Tambornini Councilmember Connolly / Kraig Tambornini Mayor Phillips Councilmember McCullough Mayor Phillips Councilmember Colin Councilmember Bushey / Councilmember Colin Raffi Boloyan, Planning Manager / Councilmember Bushey / Kraig Tambornini Councilmember Connolly Councilmember McCullough / Kraig Tambornini Bob Herbst Diane Hanna, representing the airport Councilmember McCullough Raffi Bolovan / Councilmember McCullough Kraig Tambornini MaVor Phillips Councilmember Bushey / Kraig Tambornini Mayor Phillips Councilmember McCullough Councilmember McCullough moved and Councilmember Connolly seconded to Approve Option 2 with the condition that a year after operations commence a noise study be conducted. Robert Epstein 11 Mayor Phillips Kraia Tambornini Councilmember McCullough Mayor Phillips / Kraig Tambornini / Councilmember McCullough Raffi Boloyan / Mayor Phillips Robert Epstein Mayor Phillips / Robert Epstein Councilmember McCullough Councilmember Bushey / Councilmember McCullough Robert Epstein Councilmember McCullough / Mayor Phillips / Councilmember Colin Kraig Tambornini / Councilmember McCullough Kraig Tambornini Mayor Phillips / Councilmember Connolly / Councilmember McCullough Councilmember Bushey / Robert Epstein / Councilmember Colin / Mayor Phillips Councilmember McCullough moved and Councilmember Connolly seconded to continue the item to next City Council meeting. AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Report on the Implementation Progress of the San Rafael Bicvcle/Pedestrian Master Plan 2011 Update (PW) — File 261 BPAC Masterplan Update Nader Mansourian, Public Works Director Leslie Blomquist, 7 Preston McCoy, Bicycle and Pedestrian Advisory Committee, made presentation. Leslie Blomquist Councilmember Connolly / Nader Mansourian Councilmember Colin / Nader Mansourian Councilmember Connolly / Nader Mansourian Alisha O'Loughlin Andy Perry Eric Miller Patrick Seidner Preston McCoy Bill Carney, Sustainable San Rafael Kate Powers Jim Geraghty Jerry Belletto Jeanne Sunringhouse MaVor Phillips Leslie Blomquist Mayor Phillips / Nader Mansourian Councilmember McCullough Councilmember Connolly Councilmember Colin Councilmember Connolly moved and Councilmember Colin seconded to accept the report. AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: None ABSENT: None w CITY MANAGER'S REPORT: 7. City Manager's Report Nancy Mackle - Closed Session moved forward to February Drought - conservation measures COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on conferences and meetings attended at City expense 8. Councilmember Reports Mayor Phillips announced that Councilmember Connolly was appointed representative to Safe Routes to Schools; Mayor Phillips announced that Eric Spielman was appointed to the Design Review Board this evening. SAN RAFAEL SUCCESSOR AGENCY 9. Successor Agency - Consent Calendar None ADJOURNMENT ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2014 GARY O. PHILLIPS, Mayor 0 10