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Home My WebLink AboutCC SA Minutes 2024-12-02 MINUTES SAN RAFAEL CITY COUNCIL - MONDAY, DECEMBER 2, 2024 REGULAR MEETING AT 6:00 P.M. San Rafael City Hall, Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 Watch Online: Watch on Zoom Webinar: https://tinyurl.com/cc-2024-12-02 Watch on YouTube: www.youtube.com/cityofsanrafael Listen by phone: (669) 444-9171 ID: 844-3204-9611# One Tap Mobile: +16694449171,,84432049611# US This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting: • You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to city.clerk@cityofsanrafael.org by 4:00 p.m. the day of the meeting. If you experience technical difficulties during the meeting, please contact city.clerk@cityofsanrafael.org. OPEN SESSION 1. None. CLOSED SESSION 2. Closed Session: - None. Present: Councilmember Bushey Vice Mayor Hill Councilmember Kertz Councilmember Llorens Gulati Mayor Kate Absent: None Also Present: City Manager Cristine Alilovich City Attorney Rob Epstein City Clerk Lindsay Lara Mayor Kate called the meeting to order at 6:00 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present. Mayor Kate provided opening remarks which included gratitude to City Staff (especially to Police, Fire and Public Works for their work during the rains) and a land acknowledgment. CITY MANAGER AND COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 3. City Manager and Councilmember Reports: 2 City Manager Cristine Alilovich reported on: • Appreciation to staff at Public Works, Fire and Police for their work during the storm • Public Health Updates (food recalls, the Bird Flu, COVID-19, etc.) • Santa Cop Program Update • Santa (arriving aboard Fire Engine 51) to visit kids at West End Nursery on Saturday, December 7, 1-3 p.m. • Lighted Boat Parade to be held Saturday, December 7, 6 p.m. • Menorah lighting and Gelt drop to be held Sunday, December 29, downtown, 5-6:30 p.m. City Councilmember Reports: • Councilmember Kertz reported on a Marin Wildfire Prevention Authority meeting. • Councilmember Bushey reported on a meeting with the Marin Transit Executive Director. • Councilmember Llorens Gulati reported on the steering committee kick-off for the county-wide Sea Level Rise Adaptation Plan and the lighting of the holiday tree event. • Mayor Kate reported on Sonoma Marin Area Rapid Transit (SMART) and a ribbon- cutting for Paradise Sushi. Mayor Kate invited public comment; however, there was none. CONSENT CALENDAR: Mayor Kate invited public comment; however, there was none. Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar. 4. Consent Calendar Items: a. Approval of Minutes Approve Minutes of the Regular City Council Meeting of November 18, 2024 (CC) Approved minutes as submitted b. Public Art Review Board Resolution and Appointment (CC): i. Resolution Amending the Public Art Review Board Bylaws to Remove the Planning Commission Representative and Replace it with an At-Large Member Seat Resolution 15357 - Resolution Amending the Public Art Review Board Bylaws to Remove the Planning Commission Representative and Replace it with an At-Large Member Seat ii. Appoint Meili Zhao to the Public Art Review Board to the End of October 2028 Approved appointment of Meili Zhao to the Public Art Review Board to the End of October 2028 c. Strategic Consulting Services Authorize the City Manager to Enter into a First Amendment to the Professional Services Agreement with CivicMakers, LLC for Strategic Consulting Services, In an Amount of $33,535, Increasing the Total Not-To-Exceed Amount of the Agreement to $98,535 (DS) Authorized the City Manager to enter into a first amendment to the professional services agreement with CivicMakers, LLC for strategic consulting services, in an amount of $33,535, increasing the total not-to-exceed amount of the agreement to $98,535 3 d. Telephone Project Implementation Services Authorize the City Manager to Enter into a First Amendment to the Professional Services Agreement with Xantrion, Inc. for Telephone Implementation Services, In an Amount of $40,000, Increasing the Total Not-To-Exceed Amount of the Agreement to $97,000 (DS) Authorized the City Manager to enter into a first amendment to the professional services agreement with Xantrion, Inc. for telephone implementation services in the amount of $40,000, increasing the total not-to-exceed amount of the agreement to $97,000 e. Citywide Bicycle and Pedestrian Plan Update Authorize the City Manager to Enter into a Professional Services Agreement with Parametrix, Inc. to Update San Rafael’s Citywide Bicycle and Pedestrian Plan in the Amount Not to Exceed $236,710 (PW) Authorized the City Manager to enter into a professional services agreement with Parametrix, Inc. to update San Rafael’s Citywide Bicycle and Pedestrian Plan (CBPP) in the amount not to exceed $236,710; And, authorized supplemental budget appropriations of $16,710 from available Gas Tax funds (Fund 206) for the project f. Francisco Boulevard East Mid-Block Crossing Enhancement Project Authorize and Award Agreements for the Francisco Boulevard East Mid-Block Crossing Enhancement Project, Including: i. A Construction Agreement with Mike Brown Electric, Co. in the Amount of $429,968 and Authorize the City Manager to Use Contingency Funds of $86,032 for a Not-To Exceed Amount of $516,000 for the Project Awarded the construction agreement (the “Construction Agreement”) for the project to Mike Brown Electric Co., authorized the City Manager to execute the construction agreement in the amount of $429,968, and authorized the City Manager to amend the contract amount using contingency funds of $86,032 for a total not to exceed amount of $516,000 for the project ii. A First Amendment to a Task Order Agreement with Kimley-Horn and Associates, Inc. for Additional Construction Support Services, in an Additional Amount of $16,950, Increasing the Total Not-To-Exceed Amount of the Agreement to $85,643 Authorized the City Manger to enter into a first amendment to the task order agreement with Kimley-Horn and Associates, Inc. (“Kimley-Horn”) for additional construction support services for the Project in an additional amount of $16,950, increasing the total not-to- exceed amount of the agreement to $85,643 iii. A Funding Agreement with Canal Alliance and Related Supplemental Budget Appropriation Authorized the City Manager to enter into a funding agreement with Canal Alliance and authorized supplemental budget appropriation in the amount of $409,233 (Fund 206) iv. Approve the Plans and Specifications for the Project (PW) Approved plans and specifications for the Francisco Boulevard East Mid-Block Crossing Enhancement Project (also referred to as “City Project No. 11451” and “the Project”), deemed reasonable by the City Engineer, on file in the Department of Public Works AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None OTHER AGENDA ITEMS 5. Other Agenda Items: 4 a. Affordable Housing Funding Recommendation and Upcoming Notice of Funding Availability i. Resolution Authorizing the Appropriation of $252,000 to Support the Acquisition of a Nine-Unit Apartment Building at 1400 Lincoln Avenue for the Preservation as Affordable Housing ii. Informational Report on the Status and Scope of Joint Notice of Funding Availability with the County of Marin in January 2025 Housing Manager Alexis Captanian presented the Staff Report. Staff responded to questions from the City Council. Mayor Kate invited public comment. Speakers: Yolanda Oviedo, Canal Alliance, John Reynolds Staff responded to questions raised during public comment. Councilmembers provided comments. Councilmember Llorens Gulati moved and Councilmember Kertz seconded to adopt the resolution authorizing the appropriation of $252,000 to support the acquisition of a nine- unit apartment building at 1400 Lincoln Avenue for the preservation as affordable housing. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Resolution 15358 - Resolution Authorizing the Appropriation of $252,000 to Support the Acquisition of a Nine-Unit Apartment Building at 1400 Lincoln Avenue for the Preservation as Affordable Housing Vice Mayor Hill moved and Councilmember Kertz seconded to accept the informational report on the status and scope of joint notice of funding availability with the County of Marin in January 2025. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Accepted informational report on the status and scope of joint notice of funding availability with the County of Marin in January 2025 PUBLIC HEARINGS 6. Public Hearings: a. Northgate Town Square Project – Consideration of the Environmental Impact Report and Project Entitlements to Redevelop the Existing Northgate Mall Property Located at 5800 Northgate Drive Northgate Town Square Project – (5800 Northgate Drive) – Public Hearing to Consider the Project, Which Includes an Environmental Impact Report, Entitlement Requests from 5 Merlone Geier Partners, LLC for a Rezone from General Commercial District to Planned Development Zone, a Vesting Tentative Subdivision Map, a Master Use Permit Inclusive of an Affordable Housing Agreement, an Environmental and Design Review Permit, and a Master Sign Program to Allow a Comprehensive Redevelopment of the Existing Northgate Mall into a Phased Mixed-Use Development Recommended Action - i. Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Northgate Town Square Project (Attachment 1) ii. Introduce an Ordinance to adopt a Zoning Amendment to establish the Northgate Town Square Planned Development (PD) District, approve the Northgate Town Square Development Plan, amend the City’s Zoning Map, and rezone the 44.76-acre Northgate Mall property from General Commercial to the Northgate PD District and including adoption of Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program (MMRP) for the Northgate Town Square Project (Attachment 2) iii. Adopt a Resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project (Attachment 3) City Manager Cristine Alilovich expressed her appreciation to staff, introduced Community & Economic Development Director Micah Hinkle who presented the Staff Report along with Heather Hines (M-Group), Theresa Wallace (LSA Associates), David Parisi (Parametrix), Public Works Director April Miller, Fire Chief Abraham Roman and Libby Seifel (Seifel Consulting). Mayor Kate called a recess at 7:15 pm and called the meeting back to order at 7:23 p.m. Dave Geiser, for Applicant Merlone Geier, provided comments. Mayor Kate invited public comment. Speakers: Gloria Smith, Responsible Growth Marin, Pam Reaves, Marin Conservation League, David Smith, Responsible Growth Marin, Shirley Fischer, Responsible Growth Marin, Susan Coleman, Responsible Growth Marin, Phil Hallstein, Responsible Growth Marin, Claire Halenbeck, Responsible Growth Marin, Grace Geraghty, Responsible Growth Marin, Julie Case, Responsible Growth Marin, Adam Suleman, Sheraton Four Points, Ron Brown, Marin Organizing Committee, Victoria Holdridge, Unitarian Universalist Congregation Marin, Jeff Bialik, Housing Crisis Action Marin, Marin Organizing Committee, Ruth Vosmek, John Reynolds, Matthew Hartzell, WTB-TAM, Marin County Bicycle Coalition, Regina Bianucci Rus, League of Women Voters Marin, Bill Carney, Sustainable San Rafael, Chris Palomo, Nor Cal Carpenter's Union, Roger Smith, Michele Hassid, San Rafael Chamber of Commerce, Eric B., Tim Park, Kate Powers, Marin Conservation League, Ray Lorber, Karen Strolia, San Rafael Chamber of Commerce, Gail Napell, Marin Environmental Housing Collaborative, Name Withheld, Jenny Silva, Marin Environmental Housing Collaborative, Silre D., Northern California union worker, Name Withheld, Laura Silverman, Carlin P., David Carey, Shinji Sakai-Egi Mayor Kate called a recess at 9:04 pm and called the meeting back to order at 9:23 p.m. Staff responded to questions raised during public comment. Staff responded to questions from the City Council. 6 Councilmembers provided comments. The City’s legal counsel read a few clarifications into the record: The Motion to Adopt a Resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project (Attachment 3) was made subject to the following revisions in the City Council packet (additions in underline, deletions in strikethrough): 1. The Project Wide Below Market Rate Housing Agreement is amended as follows: • Section 14. Remove words: “and charge.” • Section 16. Release of Parcels. This Agreement is entered into to provide for the development of Affordable Housing Units on the six (6) Development Parcels containing Affordable Housing Units. • (a) Those portions of the Project not containing the Development Parcels shall be released from this Agreement upon the earlier of (i) the recording of a final map for said portions of the Project not containing the Development Parcels, which map substantially conforms to the Vesting Tentative Subdivision Map approved by the City Council in Resolution No. XXXX adopted on December 2, 2024 or (ii) the issuance of a building permit for the development of any portion of the Project not containing the Development Parcels. Such release shall be in the form attached as Exhibit “C” hereto. • (b) A parcel or parcels shall also be released from this Agreement, at such time reasonably determined by the City, in the event the Project Approvals (i) have expired without having been exercised or vested, and (ii) confer no rights to develop the released parcel or parcels. Such release shall be in the form attached as Exhibit “C” hereto. • (bc) This Agreement is not intended to affect existing or future non-residential operations or development. Until such time(s) that the release described in Section 16(a) occurs, upon receipt of a written request from an owner, operator, developer or lender regarding an existing or proposed non- residential use or development on the Property, the City shall promptly provide written confirmation that this Agreement does not apply to said non- residential use or portion of the Project Property. 2. The Conditions of Approval are amended as follows: • Repeal and Replace existing COA 113 with: No certificates of occupancy for market rate residential units, including rental and for-sale townhome or condominium units, shall be issued until all certificates of occupancy have been issued for below market rate units required for such market rate units. On any of the six Project residential development parcels, Applicant shall not be required to provide more than 10% of the total number of units as below market rate units, except that the number of required below market rate units shall be rounded up to the nearest whole number if its calculation would result in a fractional number. 7 • 114. For each townhome or condominium development in the Project, all required below market rate townhomes or condominiums shall obtain certificates of occupancy prior to the first certificates of occupancy on market rate townhomes or condominiums. Applicant shall not be required to provide more than 10% of the total number of townhomes or condominiums as below market rate townhomes or condominiums. • New condition added to the conditions of approval: Within three months of the issuance of the final certificate of occupancy for Phase 1 of the project, the applicant shall pay all out of pocket costs related to a comprehensive City traffic study that studies all intersections and road segments originally studied as a part of the Project EIR in order to determine whether such intersections and road segments are maintaining LOS D. The study shall be for informational purposes only. Councilmember Kertz moved and Councilmember Bushey seconded to adopt a resolution certifying the Final Environmental Impact Report (FEIR) for the Northgate Town Square Project, with the modifications as read into the record. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Resolution 15359 - Resolution certifying the Final Environmental Impact Report (FEIR) for the Northgate Town Square Project Councilmember Kertz moved and Councilmember Bushey seconded to waive further reading of the Ordinance and refer to it by title only, and introduce the Ordinance. AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Waived further reading of the Ordinance and referred to it by title only, and introduced the Ordinance The City Clerk read the title of the ordinance: An Ordinance of the San Rafael City Council Approving An Amendment to the City of San Rafael Zoning Map to Rezone the Northgate Town Square Redevelopment Project Site from General Commercial (GC) to the Northgate Town Square Planned Development (PD) District Consistent with San Rafael Municipal Code Chapter 14.07 (Planned Development District) and Section 14.27.060, Approve the Northgate Town Square PD Development Plan, and Approve the Northgate Town Square PD Development Standards , Together with Making CEQA Findings of Fact, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Project (APNS 175-060-12, 175-060- 40, 175-060-59, 175-060-61, 175-060-66, And 175-060-67) Councilmember Kertz moved and Councilmember Bushey seconded to adopt a resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project, with the modifications as read into the record. 8 AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Resolution 15360 - Resolution approving the Vesting Tentative Subdivision Map, Master Use Permit inclusive of a project wide affordable housing agreement, Environmental and Design Review Permit, and Master Sign Program for the Northgate Town Square Project OPEN TIME FOR PUBLIC EXPRESSION • Name Withheld, expressed appreciation for the Library and Northgate development. ADJOURNMENT: Mayor Kate adjourned the meeting at 10:41 p.m. __________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2024 _____________________________________ KATE COLIN, Mayor