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HomeMy WebLinkAboutCC Minutes 1994-12-05SRCC MINUTES (Regular) 12/5/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 5, 1994, AT 7:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Clark E. Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - CITY COUNCIL Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: 1. CLOSED SESSION - CONFERENCE ROOM 201 a. Conference with Legal Council - Existing Litigation (Government Code §54956.9(a). ■ Case name: County of Marin and Golden Gate Bridge, Highway and Transportation District v. City Council of the City of San Rafael; City of San Rafael and Does 1 through 25, Marin County Superior Court Case No. 159486 b. Initiation of litigation pursuant to (Government Code §54956.9(c) One (1) case. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 5, 1994, AT 8:00 PM OPEN SESSION RE: CLOSED SESSION ITEMS 1a. Assistant City Attorney Guinan reported that no reportable action was taken. lb.Assistant City Attorney Guinan reported that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR Councilmember Thayer moved and Councilmember Cohen seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of November 21, 1994 (CC) 4. Resolution Approving Facility Use and Manage - Albert Park and Authorizing Execution of Agree- ment with the Marin Bocce Federation (Rec) - File 4-3-275 x 12-5 x 9-3-65 x 9-3-66 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 9260 - AUTHORIZ- ment Agreement for the Bocce Ball Complex at ING THE SIGNING OF AN AGREEMENT WITH THE MARIN BOCCE FEDERATION FOR THE FACILITY USE AND MANAGE- MENT OF THE BOCCE COMPLEX AT ALBERT PARK thru 12/31/99. 5. Resolution of Appreciation for Assemblywoman RESOLUTION NO. 9261 - RESOLUTION Vivien Bronshvag (CM) - File 102 OF APPRECIATION FOR ASSEMBLY- WOMAN VIVIEN BRONSHVAG, REPRE- SENTING MARIN COUNTY AS A STATE LEGISLATOR FOR THE PAST TWO YEARS. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/5/94 Page 1 SRCC MINUTES (Regular) 12/5/94 Page 2 The following items were removed from the Consent Calendar for discussion: 3.RENEWAL OF JOINT POWERS AGREEMENT WITH MARIN COUNTY FREE LIBRARY FOR OPERATION OF JOINT LITERACY PROGRAM (Lib) - File 4-13-75 x 9-3-61 Councilmember Heller asked what is planned for the upcoming tenth anniversary. Library Director Stratford stated the plans have not yet been made. Councilmember Heller moved and Councilmember Zappetini seconded, to adopt a Resolu-tion authorizing the renewal of a Joint Powers Agreement with the Marin County Free Library for operation of a joint literacy program. RESOLUTION NO. 9262 - AUTHORIZING THE MAYOR TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT FOR THE OPERATION OF THE JOINT MARIN LITERACY PROGRAM WITH THE COUNTY OF MARIN (from Oct 1994 thru Sept 1995). AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6.RESOLUTION APPROVING RATE INCREASES FOR LEGAL SERVICES OF WHITMORE, JOHNSON & BOLANOS LAW FIRM (CA) - File 4-3-145 x 9-3-16 Councilmember Zappetini asked if we are required to have attorney service from out of the area. Assistant City Attorney Guinan answered that we are not; however, this particular law firm has established expertise in public sector management labor relations and is used widely throughout the State. He indicated this contract has been in effect since 1991 and is an open-ended contract, noting we do not incur any expense unless they are actually used. Mr. Guinan stated the City has only called them two or three times in the past year. Mr. Zappetini asked if there is anyone in this area who has the expertise. City Manager Nicolai stated nobody has the expertise this firm does. Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt the Resolu-tion approving rate increases for legal services of Whitmore, Johnson & Bolanos Law Firm. RESOLUTION NO. 9263 - AUTHORIZING THE CITY COUNCIL OF SAN RAFAEL TO APPROVE RATE INCREASES FOR LEGAL SERVICES OF WHITMORE, JOHNSON & BOLANOS LAW FIRM (effective 12/26/94). AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION 8.PRESENTATION OF RESOLUTION OF APPRECIATION TO THE ROTARY CLUB OF MISSION SAN RAFAEL FOR PLANTING FIVE TREES IN DOWNTOWN SAN RAFAEL (P1) - File 102 x 9-3-49 Mayor Boro made presentation to Erich Zorr, President of the Rotary Club of Mission San Rafael, along with members Keith Schoenthal, Jeanne Leoncini and Bob Pendoley. Mayor Boro explained that Mission Rotary was instrumental in purchasing and planting five trees on B Street as a part of the beautification effort of downtown San Rafael. He noted there is a goal to plant 250 trees, and Mission Rotary has agreed to assist in that effort. Mr. Zorr stated Mission Rotary was pleased to participate in this project and expressed the hope that other service organizations, businesses and community organizations will step forward to participate in making a difference for San Rafael. He thanked Planning Director Bob Pendoley who helped organize the event and Keith Schoenthal who got the volunteers together. PUBLIC HEARING 9.PUBLIC HEARING - REVIEW OF DRAFT FINAL ENVIRONMENTAL IMPACT REPORT AND RESPONSES TO COMMENTS FOR THE MASTER PLAN FOR THE 28 -UNIT NORTHVIEW TOWNHOUSE PROJECT; END OF PROFESSIONAL CENTER PARKWAY; AP NO. 155-050-03 & 04; TARRANT-BELL, OWNER; EKLUND AND ZAK, ARCHITECTS, REPRESENTATIVES (Pl) - File 10-3 x 10-7 Mayor Boro declared the Public Hearing opened. SRCC MINUTES (Regular) 12/5/94 Page 2 SRCC MINUTES (Regular) 12/5/94 Page 3 Planning Director Pendoley stated the purpose of the Hearing is to determine the adequacy of the Environmental Impact Report (EIR) of this project, noting the specific actions are the rezoning, an Environmental and Design Review Permit, a Use Permit to construct 28 townhouse units, and a Tentative Subdivision Map. Mr. Pendoley explained that this project has been substantially revised to comply with the find-ings of the EIR; it has been designed to match the preferred alternative in the EIR. He stated the principal issue that caused revision of the project was the need for a 75 foot wetlands setback. The total site is just over 13 acres, and with this proposed design, about 9 acres would be left as open space. Mr. Pendoley stated a principal design feature of this project, in addition to the setback, is the 26 foot wide access road that traverses a fairly steep hill. He pointed out that an EIR has two principal features: it is a disclosure document that tells important facts about the project; and, it includes mitigation measures which must be adhered to unless the Council finds there are overriding reasons to bypass mitigation measures. He stated no overriding considerations have been recommended for this project. Leslie Moulton, project manager for the EIR, stated it is important to note there are no significant unavoidable impacts associated with this project. She stated there are significant effects, but the EIR has identified feasible mitigation measures that can be adopted as conditions of approval to address these impacts. Ms. Moulton noted the main impact issues relate to the effects on natural resources, especially the potential impact to the wetlands that occur along the northern edge of the property. She stated that Fish and Game and Fish and Wildlife biologists identified that a 75 foot setback from the edge of the wetlands would be necessary to protect the wetland resources and their associated wildlife, particularly rare or endangered species that might occur in the wetlands. She noted the project originally had a 50 foot setback, and has been redesigned to incorporate the 75 foot setback, which brings the project further into compliance with the City's policies regarding protection of natural resources. Other measures which have been incorporated are a fence along the peri- meter of the structures to keep people out of the 75 -foot buffer zone, restricted landscaping and use policy, and the breaching of a remnant levee which will help prohibit the access of people and pets into the wetlands. Ms. Moulton stated another key issue has been the impact on trees, and the previous project has been reduced from removal of an estimated 40 mature Oak trees, to less than 20 trees. She indicated to mitigate for this, the project has avoided about 10 acres of dense woodland in the Northwest corner, and a management plan will be provided to preserve this Oak woodland. She noted for the trees that are removed, the City's 3:1 replacement ratio will be applied along with a revegetation program to the extent feasible. Ms. Moulton stated there will be restrictions on what can happen near those Oak trees that are to remain in the housing unit, to ensure their survival. Ms. Moulton stated Valley Needle Grassland is a rare plant community that occurs on this site and has been highly disturbed by the quarrying activities, but it does persist. She stated that development will remove some of that grassland, and the EIR identifies restoration enhancement to restore and protect that community on site. Regarding the road which will cross the steep slope, Ms. Moulton stated she and the engineers found that the proposed access alignment is the best alignment from an engineering and environmental point of view. She referred to the Geotechnical Report that identifies measures needed to stabilize possible landslides, to repair previous erosion problems, and to control any further erosion on that steep slope. With respect to protection of the water quality resources in the creek and the wetlands, Ms. Moulton stated there are measures to ensure that during construction and through the life of the project, site runoff is properly collected and drained, and, if necessary, treated with oil separators to ensure water quality is preserved. Councilmember Thayer referred to the Planning Commission Minutes of September 28, 1993, which referred to the recommendation of the Fish and Game Department for 100 -foot setbacks. Ms. Moulton stated that to her knowledge, Fish and Game has not recommended that for this project, noting City policy identifies a minimum of a 50 - foot setback, and an ideal of 100 feet based on an examination of a site's particular circumstances. Ms. Moulton stated that on this particular site, Fish and Game recom- mended a 75 foot setback. Ms. Thayer stated the Planning Commission Minutes refer to a particular letter from Fish and Game recommending 100 feet. Ms. Moulton clarified that the letter referred to 100 feet in general, however, in this case, they concur with the 75 foot setback. Mayor Boro asked if the 75 foot setback is in compliance with the General Plan which gives us latitude between 50 feet and 100 feet. Ms. Moulton concurred. Councilmember Thayer asked if there is a picture of the road and the alignment. Mr. SRCC MINUTES (Regular) 12/5/94 Page 3 SRCC MINUTES (Regular) 12/5/94 Page 4 Pendoley showed an overhead of the alignment. Councilmember Heller asked about the width of the road. Mr. Pendoley answered it is 26 feet plus the sidewalk. Using the overhead, he highlighted areas of the road and noted this has been studied at length by both the applicant's consulting engineer and the City Public Works Department, and it has been determined that this alignment is the best, given a slope that is safe, dealing with soil conditions and minimizing the impact of trees. Mayor Boro indicated we have received letters from adjacent property owners who are concerned about the condition of the road and traffic impacts. Mr. Pendoley stated the EIR analyzed the traffic and found the level of traffic generated by this project would be moderate and would not create a safety problem, noting the short-term impacts of construction equipment were not found to be significant. Mayor Boro asked if we are collecting traffic mitigation fees, and could they be applied to overlaying the street. Mr. Pendoley stated we are collecting traffic mitigation fees, however, the purpose is to make intersection improvements rather than street overlays. Mayor Boro stated one of the letters indicates the streets have not been paved in 14 years, and are deplorable, and they will only get worse. Sheila Delimont, Principal Planner, pointed out that the EIR requires the project developer to pay for any damage done to the street due to construction activity. Hamid Shamsapour, 151 Professional Center Parkway, stated the lack of street mainte-nance is actually longer than 14 years. He distributed pictures of the road and noted he felt the construction will further deteriorate the roadway. He asked Council to consider repairing some of the immediate hazards and to rebuild the road. Mayor Boro asked if anyone else from the audience wished to speak. As no one wished to speak, he closed the Public Hearing. Public Works Director Bernardi stated there has been a lot of utility work on Professional Center Parkway. He stated the City is not able to implement an overlay program as needed, noting there is a 45 -year turnaround time for streets to be resurfaced. Mr. Bernardi stated Professional Center Parkway is one of the streets that needs to be resurfaced, but probably is not scheduled for a year or two. He explained that the mitigation fees are identified in the General Plan as mitigation for peak hour trips that are generated from any development causing additional congestion. The General Plan points out a number of projects that are identified to be funded by these mitigation fees, including Merrydale Overcrossing, signalization of Freitas Parkway and signalization modification in the Northgate area, etc. The money will go for specific projects and not necessarily for an overlay. Mayor Boro asked how we will monitor the developer to keep the streets at the same level as they now are. Mr. Bernardi stated the street will be videotaped, then if it deteriorates, they will be required to make necessary repairs. Councilmember Zappetini stated that it may be a year or two before this project is completed, and may coincide with the timing of the scheduled street overlay. Mr. Bernardi stated we would let them do all the building first, then repave. Mayor Boro asked Mr. Bernardi to respond to the concerned neighbors and to the Council regarding the Pavement Management Plan. Councilmember Cohen stated it is unreasonable to put the burden on the developer when it is actually our inability to do maintenance. Mr. Bernardi stated that if the resurfacing is done after the project is completed and some of the construction traffic has caused deterioration of the roadway, we can negotiate with the developer to pay a fee rather than to just pave potholes. He indicated we have done that occasionally in the past. Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt a Resolution certifying the Final Environmental Impact Report. ADOPTED RESOLUTION NO. 9264 - CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NORTHVIEW CONDOMINIUM/TOWNHOUSE PROJECT; END OF PROFESSIONAL CENTER PARKWAY; TARRANT-BELL, OWNERS; EKLUND AND ZAK, ARCHITECTS, REPRESENTATIVE; AP 155- 050-03 & 04 AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/5/94 Page 4 SRCC MINUTES (Regular) 12/5/94 Page 5 SPECIAL PRESENTATION: 7.PRESENTATION OF RESOLUTION OF APPRECIATION TO ASSEMBLYWOMAN VIVIEN BRONSHVAG (CM) - File 102 Mayor Boro made presentation to Assemblywoman Vivien Bronshvag, noting some of her accomplishments during the two years she has been a member of the State Assembly. Assemblywoman Bronshvag thanked everyone and stated it was a pleasure to serve as Assemblywoman. PUBLIC HEARING 10.PUBLIC HEARING - ZONE CHANGE FROM THE PD -WO -H (PLANNED DEVELOPMENT/WETLAND OVERLAY/ HILLSIDE DISTRICT) AND PD -WO (PLANNED DEVELOPMENT/WETLAND OVERLAY DISTRICT) TO THE PD -WO -H DISTRICT WITH SPECIFIC DEVELOPMENT STANDARDS, USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE SUBDIVISION MAP FOR THE 28 -UNIT NORTHVIEW TOWN- HOUSE PROJECT; END OF PROFESSIONAL CENTER PARKWAY; AP NO. 155-050-03 & 04; TARRANT- BELL OWNER; EKLUND AND ZAK, ARCHITECTS, REPRESENTATIVES (P1) - File 10-3 x 10-7 Mayor Boro declared the Public Hearing opened. Planning Director Pendoley stated the purpose of this Hearing is to determine the merits of the project, noting Council is being asked to rezone the property and to approve the permits that would allow construction. He pointed out that the original project was for 40 units, but through the EIR process, the project was redesigned to 28 units. Mr. Pendoley stated this project would address an important niche in the housing need in San Rafael because it is building moderate sized units, from 1266 to over 1700 square feet. He stated it was reviewed and endorsed by the Design Review Board and was considered by the Planning Commission at a hearing. He stated the Commissioners and Board members were unanimous in praising this project for how well it has been designed, not only addressing environmental needs, but also fulfilling some of our housing needs. Shay Zak, project designer of the architectural firm Eklund and Zak and representa-tives of the owner, Tarrant -Bell, used drawings to give an overview of the project. He passed around a material sample board for Council to see the materials to be used in the project. Mr. Zak stated in 1990 the project was submitted to the Design Review Board who recommended approval. He stated the Planning staff decided the project should go forward with an EIR, and the Hillside Guidelines were just coming into effect. Mr. Zak stated the original project included a 50 -foot setback to the wetlands; the current project has a 75 -foot setback. Also, the project had to correspond to the new Hillside Guidelines which meant many of the units had to be redesigned. Mr. Zak noted they have created a childrens play area as well as additional 11 guest parking spaces (giving a total of 28) as suggested by the Design Review Board. In addition, each unit has two garage spaces, plus about half the units have parking on the aprons. Mr. Zak stated that in the original drawings there were 3 -story buildings on the entire uphill portion of the site, but they did not work within the Hillside Guidelines. Councilmember Heller asked to be shown where the fence is located, which Mr. Zak pointed out. Councilmember Thayer asked if the 75 -foot setback is 75 feet from the nearest building. Mr. Zak stated that no part of the building is within four feet of the 75 foot setback so that once the fence is in place, there will still be room to walk around the buildings to maintain them. Mayor Boro noted three of the units will be below market rates but asked the approxi -mate price of the market -rate units. Mr. Ed Tarrant, owner, stated they will be priced around $300,000. Mayor Boro asked that the balcony issue be addressed. Mr. Zak stated all the down- hill units have a deck which are a minimum of 9 x 12 feet. He indicated there has been concern that activity on the decks might disturb the wildlife in the wetlands; however, Mr. Zak stated that the amount of use of the decks would not be that great or noisy, and because of the setbacks and number of trees, the noise should not be a disturbance. Councilmember Thayer pointed out that on page 3 of the Resolution, under Biological Resources, it states that development of the project site would result in the removal SRCC MINUTES (Regular) 12/5/94 Page 5 SRCC MINUTES (Regular) 12/5/94 Page 6 of approximately 18 Oak trees, and the construction of the roadway would require the removal of approximately 26 trees. Ms. Delimont stated that number reflects the previous project; the number has been reduced to approximately 20 total. She indica- ted the Resolution would be revised to reflect the change. Mayor Boro asked if anyone in the audience wished to speak. As no one wished to speak, the Public Hearing was closed. Mayor Boro asked how well the Hillside Standards worked on this project since this was the first major project where they were used. Mr. Pendoley stated the Hillside Standards controlled the elevation of the units and where they sit on the hillside. He referred to a drawing that showed the project without hillside standards, noting we are left with a nice, relatively affordable unit, which is not the way it was before Hillside Standards. Mr. Pendoley stated the Standards worked very well. Councilmember Heller asked if only Oak trees must be replaced at the 3:1 ratio, or if all trees must be. Associate Planner Bill Tuikka stated all significant trees must be, which included Oak trees over 6 inches and other trees over a certain size. He indicated Bay trees must be over 12 inches. Mayor Boro asked if the Oak trees qualify for the 3:1 mitigation, but not the others. Mr. Tuikka stated the other trees also qualify, but usually the other trees must be larger to qualify. Councilmember Heller asked if the Planning Department is working on the Condominium Ordinance. Mr. Pendoley stated it is not scheduled to be worked on this year due to time constraints. Councilmember Cohen stated he is glad the Hillside Standards worked and that all of the issues of this project were worked out, but it is unfortunate that in the reduc-tion of units from 40 to 28, we lost 3 affordable units. The title of the Ordinance was read: AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE NORTHGATE AREA (RE: Z89-8 - END OF PROFESSIONAL CENTER PARKWAY - A 28 -UNIT RESIDENTIAL TOWNHOUSE PROJECT, AP 155-050-03 & 04 (NORTHVIEW TOWNHOUSE PROJECT)" Councilmember Cohen moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1671 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution approving a Zone Change, Use Permit and Environmental and Design Review Permit and Tentative Subdivision Map for the Northview Townhouse Project with findings, with a modification on page 3 to read the total number of significant trees to be removed not to exceed twenty. ADOPTED RESOLUTION 9265 - APPROVING A ZONE CHANGE, USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE SUBDIVISION MAP FOR THE NORTHVIEW TOWNHOUSE PROJECT - Z89-8/UP89- 43/ED89/55/TS90-5 - END OF PROFESSIONAL CENTER PARKWAY, A 28 -UNIT RESIDENTIAL TOWNHOUSE PROJECT AP 155-050-03 & 04 (NORTHVIEW TOWNHOUSE PROJECT), (with modification on page 3 to read ...the total number of trees to be removed not to exceed 20). AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL CONSIDERATION OLD BUSINESS Cohen, Heller, Thayer, Zappetini & Mayor Boro None None 11.ADOPTION OF AN ORDINANCE TO AMEND TITLE 9. HEALTH AND SANITATION, OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 9.30, ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM (PW) - File 12-9 x 4-4-6 SRCC MINUTES (Regular) 12/5/94 Page 6 SRCC MINUTES (Regular) 12/5/94 Page 7 Mayor Boro asked if this Ordinance reflects the changes requested at the last meeting. Mr. Bernardi stated it did. Mayor Boro stated the hearing has been closed. The title of the Ordinance was read: "AN ORDINANCE TO AMEND TITLE 9. HEALTH AND SANITATION, OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 9.30, ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM" Councilmember Zappetini moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1672 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.REPORT FROM CULTURAL AFFAIRS COMMISSION REGARDING MISSION AND GOALS (Cult Affs) - File 9-2-24 Mayor Boro noted five members of the Cultural Affairs Commission are present this evening, and thanked them for the job they have done. Library Director Vaughn Stratford explained that the Cultural Affairs Commission developed their Mission and Goals to increase their effectiveness as a body and to provide a focus for their activities. He then introduced those Commissioners present, who updated the Council regarding their current activities. Phyllis Thelen, Chairperson, read the Mission Statement, as follows, and noted it is broader than in the past: "To develop public understanding and support for diverse cultural activities defined broadly to include visual and performing arts, historic preservation and community celebrations within greater San Rafael". Commissioner Wilma Gibbons, distributed an information packet and explained her interest in the Hispanic/Asian community. She reported that the first Canal Community Festival was held in April, and noted the Commission plans to re-establish the Mission Days, honoring Don Timoteo Murphy, the last administrator of the St. Raphael properties. They would also like to honor Raphael Garcia, the original builder in charge of building St. Raphael's. Ms. Gibbons stated the Commission would like to name one of the unnamed mission springs, "Garcia Spring", and they are moving toward a greater incorporation of the Canal area and the Hispanic community. Commissioner Glen David Matthews, a historic architect by vocation, stated he uses his expertise in historic preservation to advise the Commission on historic preser-vation issues, as well as to advise staff on the restoration of Falkirk and Boyd House. Commissioner Erwin Williams, stated he worked on the Downtown Vision for many years and continues to implement the Vision. He stated his major role on the Commission is to support and develop links between downtown and Falkirk and other cultural activi-ties downtown. Commissioner Wayne Lechner, stated he is a grassroots community organizer who earns his income as a gardener, both of which have been invaluable in his dealings with the Commission. He stated his focus has been to improve and highlight the perception of San Rafael as a unique cultural community, with Falkirk as the center. He indicated he was the Chairman of the Italian Street Painting Festival at Falkirk, where 200 artists came for dinner. He stated the artists mentioned they felt very well received in San Rafael. Mr. Lechner stated his other role has been with CASL (Cultural Affairs Service League) as a liaison between CASL and the Commission. Chairperson Phyllis Thelen, explained that Commissioners Lionel Ashcroft and Linda Spackman are not present. She stated that Commissioner Spackman has been involved in the Windows on Fourth Street project, and has received donations to match a possible grant. Mrs. Thelen stated the Commission would like to report to the Council more often, perhaps on a quarterly basis, and asked for feedback from the Council. Mayor Boro pointed out other areas in which the Commission has been involved, includ-ing the Halloween event at Falkirk and an art showing by Phyllis Thelen. 13.CONSIDERATION OF COUNCIL APPOINTMENT TO PROJECT ADVISORY TEAM FOR FREITAS INTERCHANGE ALTERNATIVES STUDY (PW) - File 9-2-50 x 11-16 Mayor Boro appointed Councilmember Cohen to represent the Council on the Project Advisory SRCC MINUTES (Regular) 12/5/94 Page 7 SRCC MINUTES (Regular) 12/5/94 Page 8 Team, with Councilmember Zappetini as alternate. NEW BUSINESS 14. CITY COUNCIL REPORTS a. DISCUSSION OF LEGISLATION RE; SB 1839 LOCAL PLANNING HOUSING ELEMENTS (Pl) - File 9-1 x 13-16 Planning Director Pendoley reported the proposed legislation would be a very different approach to preparing housing elements, noting it would be performance based. He stated the problem with that approach is that the City's performance in housing tends to be affected by things over which we have no control, such as the market. Mr. Pendoley stated that is a major concern with this legislation, and suggested the Council hold off endorsing it until they come up with a set of criteria we are sure we can meet. Mr. Pendoley pointed out that the City has done extremely well, better than 70 per cent of the cities with existing housing element guidelines. He stated the real success of the housing program depends on the policy commitment that comes from the people the community elects. Mayor Boro stated there are other jurisdictions in this County which do not have a housing element. He asked if there will be any incentive for those who do not want to participate. Mr. Pendoley stated that if a jurisdiction is sued and the court finds they do not have an adequate housing element, the court will review every building permit application and decide whether or not they should be approved. He explained this would be a terrible impact on a community's economic development and a hardship on homeowners and income property owners. He stated there were only three cities in the Bay area that met the 1990 deadline for having an adequate housing element, and San Rafael was one of them, which indicates there is a lot of theoretical exposure, but it does not seem as though many cities really suffer from it. Mayor Boro stated the proposed legislation would permit two or more cities or counties to prepare and adopt a joint housing element. He stated he feels very strongly that each jurisdiction should adopt their own, and would have great concern in attempting to have one for the County. Councilmember Zappetini explained the main issue he was concerned about is that it is an attempt to streamline some of the process, and we need to really look at it. Councilmember Heller asked if any guidelines have been developed. Mr. Pendoley stated there are guidelines, but they are very controversial. It states a City Council can adopt a resolution that says we have decided we are in conformance with the law, but they have to do it based on past performance. Mr. Pendoley stated the standard for past performance appears to be pretty rigorous; only 30 percent of the cities could pass them. He noted if they were in effect today, we would not be able to pass them. Mayor Boro asked that the Council be kept posted regarding this proposed legisla-tion. b. A RESOLUTION OBJECTING TO THE DIVERSION OF LOCALLY GENERATED REVENUES TO SUBSIDIZE THE STATE OF CALIFORNIA'S FUNCTIONS - File 9-1 x 8-9 Mayor Boro stated this item is on the agenda as a result of a meeting between the County -wide Planning Agency and the MCCMC (Marin County Council of Mayors and Councilmembers). He stated each city in Marin will adopt this Resolution and pass it on to the State legislature, and the League of California Cities is to go on record that if there is a problem in the next budget year, we do not want City funds syphoned off to perform functions that are the responsibility of the State. Mayor Boro passed the gavel to Vice Mayor Thayer. Mayor Boro moved and Councilmember Heller seconded, to adopt a Resolution objecting to the diversion of locally generated revenues to subsidize the State of California's functions. RESOLUTION NO. 9266 - OBJECTING TO THE DIVERSION OF LOCALLY GENERATED REVENUES TO SUBSIDIZE THE STATE OF CALIFORNIA'S FUNCTIONS AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/5/94 Page 8 SRCC MINUTES (Regular) 12/5/94 Page 9 C. CONSIDERATION OF REQUEST FOR CITY COUNCIL APPOINTMENT TO RADIO COMMITTEE (VERBAL) - File 4-1-467 x 9-3-30 Mayor Boro explained that the President of the San Rafael Police Association requested the Council to appoint a Councilmember to the Radio Committee. Chief Krolak reported they are still working with the maintenance company, noting they have gone through about 85 percent of the vehicles and have found installa- tion or maintenance errors that have been corrected. He stated they are also working on the equipment on the mountain to ensure it is working at the level it should be. Chief Krolak stated they hope to have the entire radio system completely gone through by January 1st, and recommend at that point that we use the Police Radio Committee to determine the specifications or testing criteria we will then use to test the system for a couple of months. Both Councilmembers Cohen and Zappetini agreed it is appropriate to appoint a Councilmember to this Committee. Councilmember Heller also agreed, but suggested we look very specifically at the Councilmember's role on the Committee and that it be a non-voting, ex officio role. She suggested they only be there to listen and gather information. Councilmember Thayer added decisions should not be made on the part of the Council, because the actual complaints concerning the system come from the Officers. Ms. Thayer stated the purpose should be to get input and to inform the Council what their perceptions are. Mayor Boro stated we need to first define the problem, then attempt to solve it. He stated we need a consultant with the technical expertise to work with the Police Association and managers. Mayor Boro stated it should be understood that the person will have no financial stake in the outcome, but only facilitate the discussion. Mayor Boro appointed Councilmember Heller to work on the Radio Committee as a non-voting, ex officio member. There being no further business, the meeting was adjourned at 9:30 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/5/94 Page 9