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Home My WebLink AboutCC SA Minutes 2015-07-20IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, July 20, 2015 Regular Meeting San Rafael City Council Present: Mayor Phillips Vice -Mayor McCullough Councilmember Bushey Councilmember Colin Absent: Councilmember Gamblin Also Present: City Manager Nancy Mackle Assistant City Attorney Lisa Goldfien City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM Mayor Phillips announced Closed Session item. CLOSED SESSION- THIRD FLOOR CONFERENCE ROOM - 6:00 PM Closed Session: a. Conference with Labor Negotiators- Government Code Section 54957.6 Lead Negotiator: Jack Hughes, Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Lisa Goldfien Employee Organization - SEW Assistant City Attorney Lisa Goldfien announced that no reportable action was taken. OPEN TIME FOR PUBLIC EXPRESSION - 7:00 PM • Emily Goodwin, YGrene Energy Fund, addressed Council regarding PACE Finance in San Rafael • Rhonda Kutter updated Council on the Massage Ordinance Advisory Committee • Amy Likover addressed Council regarding the San Rafael Depot and the Ritter Center 6 -month performance review • Hugo Landecker addressed Council regarding Ritter Center 6 -month review • Rhonda Kutter corrected the fact that when she previously stated they had been working with the Massage Ordinance Advisory Committee, she intended to state "Marin Organizing Committee." CONSENT CALENDAR: 3. Consent Calendar Items: Items 3.b and 3.c held by Mayor Phillips for comment. Councilmember McCullough moved and Councilmember Bushey seconded to approve the remainder of the Consent Calendar Items: Resolution of Appreciation to Nancy Mackie, City Manager, Retiring After Eighteen Years of Service with the City of San Rafael (CM) — File 102 RESOLUTION 13969 - RESOLUTION OF APPRECIATION TO NANCY MACKLE, CITY MANAGER, RETIRING AFTER 18 YEARS OF SERVICE d. Pump Station Repairs: Resolution Waiving Competitive Bidding for and Authorizing the Acting Director of Public Works to Enter into a Maintenance Agreement with Pump Repair Service Company to Repair Five Storm Water Pumps, in an Amount Not to Exceed $150,000 (PW) — File 4-1-658 Pump Station Repairs RESOLUTION 13970 - RESOLUTION WAIVING COMPETITIVE BIDDING FOR AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO ENTER INTO A MAINTENANCE AGREEMENT WITH PUMP REPAIR SERVICE COMPANY TO REPAIR FIVE STORM WATER PUMPS, IN AN AMOUNT NOT TO EXCEED $150,000 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin The following items were held from the Consent Calendar by Mayor Phillips for comment: b. Resolution Approving a Contract (California State Preschool Program - 5253) with the California Department of Education to Provide Funding in the Amount of $173,480 for Fiscal Year 2015-2016 for Child Development Services and Authorizing the City Manager to Execute the Contract Documents (CS) — File 4-10-238 California Preschool Program Mayor Phillips Carlene McCart, Community Services Director Mayor Phillips / Carlene McCart Carlene McCart Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13971 - RESOLUTION APPROVING A CONTRACT (CALIFORNIA STATE PRESCHOOL PROGRAM -5253) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION TO PROVIDE FUNDING IN THE AMOUNT OF $173,480 FOR FISCAL YEAR 2015-2016 FOR CHILD DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin C. Resolution Approving a Contract for Fiscal Year 2015-2016 with First 5 Marin (Marin Children's and Families Commission) for Preschool Services at Pickleweed Preschool and Authorizing the City Manager to Execute Contract Documents in the Amount of $90,631 (CS) — File 4-10-238 First 5 Marin Preschool Services Mayor Phillips Carlene McCart, Community Services Director Mayor Phillips / Carlene McCart Carlene McCart Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13972 - RESOLUTION APPROVING A CONTRACT FOR FISCAL YEAR 2015-2016 WITH FIRST 5 MARIN (MARIN CHILDREN'S AND FAMILIES COMMISSION) FOR PRESCHOOL SERVICES AT PICKLEWEED PRESCHOOL AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS IN THE AMOUNT OF $90,631 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin SPECIAL PRESENTATION: 4. Special Presentation: a. Presentation of Resolution of Appreciation to Nancy Mackie, City Manager Mayor Phillips presented the Resolution of Appreciation to Nancy Mackie, City Manager, retiring after 18 years of service. Nancy Mackie Mayor Phillips PUBLIC HEARINGS: 5. Public Hearings: a. Baypoint Lagoons Assessment District: Resolution Confirming the Engineer's Annual Levy Report for the Baypoint Lagoons Assessment District, the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2015-2016 (PW) — File 6-48 Baypoint Assessment District Kevin McGowan, Acting Public Works Director, presented the staff report Councilmember McCullough Kevin McGowan Mayor Phillips / Kevin McGowan Mayor Phillips / Kevin McGowan Mayor Phillips / Kevin McGowan Mayor Phillips declared the Public Hearing opened; however, there was no comment Councilmember Bushey moved and Councilmember Colin seconded to adopt the Resolution RESOLUTION 13973 - RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE BAYPOINT LAGOONS ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2015-2016 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin b. Pt. San Pedro Road Median Landscaping Assessment District: Resolution Confirming the Engineer's Annual Levy Report for the Pt. San Pedro Road Median Landscaping Assessment District, the Assessment Diagram Connected Therewith, and Ordering the Levy and Collection of Assessments for Fiscal Year 2015-2016 (PW) — File 6-56 Pt. San Pedro Assessment District Kevin McGowan, Acting Public Works Director, presented the staff report Councilmember Colin Jose Ometeotl, Project Manager Willdan Financial Services Councilmember Colin / Jose Ometeotl Mayor Phillips Councilmember Colin Nancy Mackle Councilmember Colin Mayor Phillips declared the Public Hearing opened Kevin Hagerty, Chairman of Roadway Committee for Pt. San Pedro Road Coalition There being no further comment from the audience, Mayor Phillips closed the Public Hearing Councilmember McCullough Councilmember Bushey Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13974 - RESOLUTION CONFIRMING THE ENGINEER'S ANNUAL LEVY REPORT FOR THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT, THE ASSESSMENT DIAGRAM CONNECTED THEREWITH, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2015-2016 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin 4 C. 1050 Andersen Drive and 535-565 Jacoby Street (Marin Sanitary Service Master Plan): Request for Rezoning to Planned Development (PD) District, Master Use Permit, Environmental and Design Review Permit, and Lot Consolidation for the Marin Sanitary Service Facility (MSS) Master Plan; Marin Sanitary Service and Golden Gate Bridge Highway and Transportation District, owners and applicants; APNs 018-180-72, -73, -74, -76 and 018-141-03 (CD) — File 4-3- 32 #9 MASTERPLAN x 10-2 x 10-3 x 10-5 MSS Master Plan Paul Jensen, Community Development Director, commented on the project and introduced Kraig Tambornini Kraig Tambornini, Community Development Senior Planner, presented the staff report Mayor Phillips / Kraig Tambornini Mayor Phillips / Kraig Tambornini Mayor Phillips / Kraig Tambornini Mayor Phillips / Kraig Tambornini Councilmember Colin / Kraig Tambornini Councilmember Bushey / Kraig Tambornini Councilmember McCullough / Kraig Tambornini Councilmember McCullough / Kraig Tambornini Councilmember McCullough / Kraig Tambornini Paul Jensen Kraig Tambornini Councilmember McCullough Councilmember McCullough / Kraig Tambornini Councilmember McCullough Mayor Phillips declared the Public Hearing opened Patty Garbarino, President of Marin Sanitary Service Kim Sheibly, Marin Sanitary Service Fred Divine, Architect Mayor Phillips There being no further comment from the audience, Mayor Phillips closed the Public Hearing Mayor Phillips / Fred Divine Mayor Phillips / Fred Divine Mayor Phillips Kraig Tambornini Mayor Phillips Kraig Tambornini Fred Divine Mayor Phillips Fred Divine Mayor Phillips Councilmember McCullough Fred Divine Councilmember McCullough / Fred Divine Councilmember McCullough Fred Divine Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Mayor Phillips Councilmember Bushey / Nancy Mackle Kraig Tambornini Mayor Phillips Kraig Tambornini Councilmember Bushey Kraig Tambornini Councilmember Bushey Kraig Tambornini Mayor Phillips Kraig Tambornini Mayor Phillips / Kraig Tambornini Mayor Phillips 0 Kraig Tambornini suggested a revision Paul Jensen 1) Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution. RESOLUTION 13975 - RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE MARIN SANITARY SERVICE MASTER PLAN AMENDMENT PROJECT, INCLUDING PLANNED DEVELOPMENT (PD) REZONING, DEVELOPMENT PLAN AND USE PERMIT AMENDMENTS LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH -76, AND 018-141-03 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin 2) The title of the ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT (PD1580) AND THE INDUSTRIAL (1) DISTRICT TO A REVISED PD DISTRICT AND A P/QP DISTRICT (ZC09-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 - ZONING, SPECIFICALLY AMENDING THE TEXT AND MAP OF THE MARIN SANITARY SERVICE MASTER PLAN FOR PROPERTY LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH -76, AND 018-141-03" Councilmember Colin moved and Councilmember Bushey seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1933 to print by the following vote to wit: AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin 3) Councilmember Colin moved and Councilmember Bushey seconded to adopt the Resolution Approving Land Use and Design Permits with aforementioned revisions. RESOLUTION 13976 - RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED09-031), MASTER USE PERMIT (UP09-020), AND LOT CONSOLIDATION FOR AMENDMENT TO THE MARIN SANITARY SERVICE FACILITY MASTER PLAN LOCATED AT 1050 ANDERSEN DRIVE AND 535-565 JACOBY STREET APN'S: 018-180-72 THROUGH 76 AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin Joe Garbarino, Marin Sanitary Service d. San Rafael General Plan 2020 10 -Year Report: Review of Status Report on General Plan, Including: a) Accomplishments and Changes Since Plan Adoption in 2004; and b) Recommendations for Next Steps (CD) — File 115 (2020) SR General Plan 2020 Report Paul Jensen, Community Development Director, presented the staff report Dave Jobed, Metropolitan Housing Group Councilmember Colin Councilmember Colin Nancy Mackie Councilmember McCullough / Paul Jensen Councilmember Bushey / Paul Jensen Mayor Phillips Mayor Phillips declared the Public Hearing opened Judy Schriebman, Gallinas Watershed Council John Reynolds, Marin Organizing Committee There being no further comment from the audience, Mayor Phillips declared the Public Hearing closed Councilmember Bushey moved and Councilmember Colin seconded to accept the report AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin OTHER AGENDA ITEMS: 6. Other Agenda Items: a. Resolution Authorizing City Staff to Proceed with Negotiations and Preparation of an Exclusive Right to Negotiate Agreement with Lennar Multifamily Communities Regarding Potential Redevelopment of 1001 Fourth Street, 926 Third Street and Third & Lootens Parking Garage (ED) — File 12-21 Third & Lootens Garage Stephanie Lovette, Economic Development Manager, presented the staff report Libby Seifel, Seifel Consulting, Inc. Stephanie Lovette Mayor Phillips Mayor Phillips / Stephanie Lovette Mayor Phillips / Stephanie Lovette Mayor Phillips / Stephanie Lovette Mayor Phillips / Stephanie Lovette Mayor Phillips Councilmember Colin / Stephanie Lovette 0 Councilmember Colin / Stephanie Lovette Councilmember Colin Mayor Phillips / Stephanie Lovette Mayor Phillips / Stephanie Lovette Mayor Phillips invited public comment Peter Schellinger, Lennar Multifamily Communities Mayor Phillips / Peter Schellinger Councilmember McCullough / Libby Seifel Mayor Phillips / Stephanie Lovette John Reynolds Mayor Phillips closed the public comment period Mayor Phillips Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13977 - RESOLUTION AUTHORIZING CITY STAFF TO PROCEED WITH NEGOTIATIONS AND PREPARATION OF AN EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT WITH LENNAR MULTIFAMILY COMMUNITIES REGARDING POTENTIAL REDEVELOPMENT OF 1001 FOURTH STREET, 926 THIRD STREET AND THE THIRD AND LOOTENS PARKING GARAGE AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin b. Resolution to Accept the Essential Facilities Strategic Plan (MS) — File 12-22 x 9-3-30 x 9-3-31 Essential Facilities Jim Schutz, Assistant City Manager, presented the staff report Mary McGrath, Mary McGrath Architects Mayor Phillips Mary McGrath Mayor Phillips Councilmember McCullough Bill Johal, Kitchell Mayor Phillips / Bill Johal Mayor Phillips E Bill Johal Mayor Phillips Bill Johal Mayor Phillips Councilmember Colin Councilmember Colin / Mary McGrath Councilmember Colin Mary McGrath Mayor Phillips invited public comment; however, there was none Councilmember McCullough moved and Councilmember Bushey seconded to adopt the Resolution RESOLUTION 13978 - RESOLUTION TO ACCEPT THE ESSENTIAL FACILITIES STRATEGIC PLAN AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin CITY MANAGER'S REPORT: 7. City Manager's Report Nancy Mackie stated, "It's not farewell, it's until I see you again which sounds like it will be at a ribbon cutting soon. Thank you so much; it's not the end, it's the beginning of a new chapter, and with your leadership and Jim's leadership you are in great hands, so I just wanted to say goodnight and thank YOU." COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 8. Councilmember Reports Councilmember Colin invited Councilmembers to attend the Climate Change Action Plan quarterly implementation meeting on Thursday, July 23, 2015. SAN RAFAEL SUCCESSOR AGENCY: 9. Consent Calendar: None ADJOURNMENT: 10:25 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS -DAY -OF 12015 GARY O. PHILLIPS, Mayor 10