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HomeMy WebLinkAboutCC Agenda 2009-05-04 ACTION AGENDA SAN RAFAEL CITY COUNCIL MEETING MONDAY, MAY 4, 2009 COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA Members of the public may speak on Agenda items. OPEN SESSION COUNCIL CHAMBERS 6:40 PM Mayor Boro announced Closed Session items. CLOSED SESSION CONFERENCE ROOM 201 6:40 PM 1. a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case # C003785 b) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. (MHC II) U.S. District Court, Northern Dist. of CA, Case # C043325 City Attorney Robert Epstein announced that no reportable action was taken. CLOSED SESSION CONFERENCE ROOM 201 8:50 PM Conference with Labor Negotiators Government Code Section 54957.6(a) c) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein, Ken Nordhoff Employee Organization(s): Western Council of Engineers Assn. of Confidential Employees San Rafael Police Mid-Management Assn. SEIU Miscellaneous & Supervisory San Rafael Police Association SEIU Child Care Unit Unrepresented Management Unrepresented Mid-Management Elected City Clerk and Elected Part-Time City Attorney Mayor Boro announced at 9:09 PM that no reportable action was taken. _________________________________________________________________________________________________ Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be -related materials on the table in front of the Council Chamber prior to the meeting. American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485- 3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. CC04-04-09 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:16 PM Massage Parlors: Noting the growing number of massage parlors in San Rafael, Brad Sears stated that more needed to be done to keep San Rafael from becoming another anonymous mid-size city with big city problems. Carolyn Svenson, San Rafael resident and income-property owner, expressed concern about the risk to tenants and homeowners living in multi-use zoned neighborhoods. Reporting that a six-year old girl resides in one of her rental units directly across the street from a massage parlor, she indicated that neon sign remains lit until midnight at this location, which also engenders a lot of late night traffic. Ms. Svenson hoped the zoning laws could be refined to prohibit these establishments from residential and multi-use neighborhoods, limiting them to business use. Mr. Nordhoff, City Manager, noted the speakers were specifically referring to a recent application on Fifth Avenue. He stated that currently there were no zoning restrictions in any areas throughout the City as it relates to massage use. Mr. Brown explained that massage therapists were considered personal service uses similar to a long laundry list of beauty shops, nail salons, travel agents, diet center, etc., which were permitted uses in all commercial districts. He reported that a number of years ago the San Rafael Municipal Code was changed to create a police licensing provision in the belief that zoning was not a good tool to determine which massage therapists were legitimate or not. Therefore, a police licensing process is in operation that involved background checks, fingerprinting, monitoring, etc. With regard to massage parlors, etc., in San Rafael, Mr. Nordhoff stated staff would provide a report to the City Council. Noting a recent change in the law concerning state licensing for massage therapists, City Attorney Robert Epstein would be happy to report at a future City Council meeting on legal developments. Mr. Nordhoff believed the best approach would be to gather information and recent findings on a cross-departmental basis and provide a comprehensive report to the City Council, keeping Mr. Sears and Ms. Svenson apprised. CONSENT CALENDAR: RECOMMENDED ACTION: ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY APPROVAL OF THE FOLLOWING ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A ACTION: PARTICULAR ITEM: a) Called for applications to fill two- 2. Call for Applications for Appointments to Fill Two Four-Year Terms on the Design Review Board, to the end of June 2013, due to Expiration four-year terms on the Design of Terms of Jeff Kent and Viktoriya Wise (CC) Review Board, with terms to expire the end of June, 2013; b) Set deadline for receipt of applications for Tuesday, May 26, 2009 at 12- Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, June 1, 2009. 3. Call for Applications for Appointments to Fill Two Four-Year Terms a) Called for applications to fill two- on the Planning Commission, to the end of June, 2013, due to four-year terms on the Planning Expiration of Terms of Kate Colin and Charles Pick (CC) Commission, with terms to expire the end of June, 2013; b) Set deadline for receipt of applications for Tuesday, June 9, 2009 at 12- Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council CC 05-04-09 2 meeting to be held on Monday, July 6, 2009. ADOPTED RESOLUTION NO. 12726 4. Resolution Denying Appeal and Approving a Modified Project Application re 721-RESOLUTION: (CD) A) DENYING AN APPEAL (AP09-001) DENIAL OF THE INITIAL PROJECT; AND B) APPROVING MODIFICATIONS TO THE PROJECT (SIGN PROGRAM AMENDMENT \[SR08-070\], SIGN EXCEPTION \[EX09-002\], AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT AMENDMENT \[ED08- 110\] TO ALLOW: 1) AN INCREASE IN THE NUMBER AND SIZE OF SIGNAGE; 2) AN INCREASE IN THE HEIGHT OF AN EXISTING FREESTANDING PYLON SIGN AND BUILDING COLORS FOR AN EXISTING MOTEL/BULK COMMERCIAL RETAIL COMPLEX LOCATED AT 721- 737 FRANCISCO BOULEVARD EAST -204-11 ADOPTED RESOLUTION NO. 12727 5. Resolution Authorizing Execution of Agreements for Assessing the Feasibility of Public Facilities Ballot Measure Options, Plus a RESOLUTION AUTHORIZING Facilities Bond Measure Survey, with Sidewalk Strategies and EXECUTION OF AGREEMENTS FOR Godbe Research (CM) ASSESSING THE FEASIBILITY OF PUBLIC FACILITIES BALLOT MEASURE OPTIONS PLUS A FACILITIES BOND MEASURE SURVEY, WITH SIDEWALK STRATEGIES AND GODBE RESEARCH ADOPTED RESOLUTION NO. 12728 6. Resolution Approving an Agreement Between the City of San RESOLUTION APPROVING AN Rafael and Marinwood Community Services District for Fire AGREEMENT BETWEEN THE CITY OF Protection and Emergency Response Services for 2009-2010 (FD) SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES FOR 2009-2010 ADOPTED RESOLUTION NO. 12729 7. Resolution Amending Resolution No. 11498 and RESOLUTION AMENDING Authorizing Amendment of the Declaration of Trust for RESOLSUTION NO. 11498 AND the ICMA-RC Vantagecare Retirement Health Savings AUTHORIZING AMENDMENT OF THE (RHS) Plan to Allow New Contributions to Such Plan DECLARATION OF TRUST FOR THE (MS) ICMA-RC VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN TO ALLOW NEW CONTRIBUTIONS TO SUCH PLAN 8. Resolution Accepting a Proposal from Ghirardelli & Associates, ADOPTED RESOLUTION NO. 12730 RESOLUTION ACCEPTING A Inc. for Professional Services to Provide Project Administration PROPOSAL FROM GHIRARDELLI and Inspection Services for the Third Street and Union Street ASSOCIATES, INC. FOR Improvement Project, No. 11025, and Authorizing the City PROFESSIONAL SERVICES TO Manager to Execute the Agreement in an Amount of $125,000.00 PROVIDE PROJECT ADMINISTRATION (PW) AND INSPECTION SERVICES FOR THE THIRD STREET AND UNION STREET CC 05-04-09 3 IMPROVEMENT PROJECT, PROJECT NO. 11025, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT OF $125,000.00 9. Resolution Approving and Authorizing the City Manager to ADOPTED RESOLUTION NO. 12731 Execute an Amendment to the June 16, 2003 Agreement With RESOLUTION APPROVING AND Kimley-Horn And Associates, Inc. to Expand the Scope of AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO Work for the Third Street And Union Street Improvements THE JUNE 16, 2003 AGREEMENT WITH Project in the Amount of $14,500, for a Total Amount not to KIMLEY-HORN AND ASSOCIATES, Exceed $137,064 (PW) INC. TO EXPAND THE SCOPE OF WORK FOR THE THIRD STREET AND UNION STREET IMPROVEMENTS PROJECT IN THE AMOUNT OF $14,500 FOR A TOTAL AMOUNT NOT TO EXCEED $137,064 10. Resolution Designating the Week of May 10 - 16, 2009 as Small ADOPTED RESOLUTION NO. 12732 Business Week (RA) RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN RAFAEL AND DISIGNATION OF MAY 10-16, 2009 AS SMALL BUSINESS WEEK 11. Resolution Authorizing Closure of Downtown City Streets in ADOPTED RESOLUTION NO. 12733 Connection with the San Rafael Twilight Criterium on Saturday, RESOLUTION AUTHORIZING THE July 11, 2009 from 12 Noon to 10:00 p.m. (RA) TEMPORATY CLOSURE OF CITY STREETS FOR THE SAN RAFAEL TWILIGHT CRITERIUM ON SATURDAY, JULY 11, 2009 FROM 12-NOON TO 10:00 PM ADOPTED RESOLUTION NO. 12734 12. Resolution Approving the Redevelopment Agency Purchase of a RESOLUTION APPROVING THE Below Market Rate Unit for $244,000, Approving Up to $31,000 for REDEVELOPMENT AGENCY Costs Associated with the Resale and Making Findings and PURCHASE OF A BELOW MARKET Approvals Pursuant to the California Redevelopment Law in Connection with the Utilization of Agency Low and Moderate RATE UNIT FOR $244,000, Income Housing Funds Outside the Central San Rafael APPROVING UP TO $31,000 FOR Redevelopment Project Area (APN 155-376-24) (RA) COSTS ASSOCIATED WITH THE RESALE AND MAKING FINDINGS AND APPROVALS PURSUANT TO THE CALIFORNIA REDEVELOPMENT LAW IN CONNECTION WITH THE UTILIZATION OF AGENCY LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA (APN: 155-376-24) SPECIAL PRESENTATION: 13.Presentation of Resolution of Appreciation for Small Business Week (RA) Explanation: Mayor Boro to make presentation. OTHER AGENDA ITEMS: 14.- 2011 (CM) 15. CC 05-04-09 4 COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 16. ADJOURNMENT: CC 05-04-09 5