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HomeMy WebLinkAboutCC Minutes 1992-09-21SRCC MINUTES (Regular) 9/21/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 21, 1992, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 92-16(b) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 21, 1992, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE None CONSENT CALENDAR Councilmember Breiner 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 August 17, 1992 (CC) 3. Approval of Call for Applications Due to Expiration of 4 -Year Terms of Two (2) Park and Recreation Commissioners: (CC) - File 9-2-4 a. Patrick J. Webb b. Richard D. Wolfe 5. Resolution Approving an Additional Contract Amendment with CH2M Hill to Prepare an Environmental Impact Report for the Shoreline Business Park (Home Depot) Project (Pl) - File 4-10-257 x (SRRA) R-103 x R-140 #7 RECOMMENDED ACTION Approved as submitted. Approved staff recommendation: a) Call for applications to fill 2 vacancies on the Park & Recreation Commission (4 -year terms to the end of Oct., 1996); b) Set deadline for receipt of applications for Tues., 10/13/92 @ Noon, City Clerk's Office; c) Set Special Meeting to interview applicants on 10/19/92 @ 6:30 PM in Conf. Room 201, City Hall (both incumbents & new applicants) ADOPTED RESOLUTION NO. 8740 - APPROVING A CONTRACT AMEND- MENT WITH CH2M HILL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE SHORELINE BUSINESS PARK (HOME DEPOT) (in the amount of $23,325.00) 6. Resolution Approving Parcel Map of Bayview Business ADOPTED RESOLUTION NO. 8741 - Park - Resubdivision of Parcel A (PW) - File 5-1-306 APPROVING "PARCEL MAP OF BAYVIEW BUSINESS PARK - RE- SUBDIVISION OF PARCEL A 23MPP" 8. Resolution Approving Extension of Agreement with ADOPTED RESOLUTION NO. 8742 - William Lellis for Inspection Services in Fire AUTHORIZING THE CITY MANAGER Department (FD) - File 4-3-223 x 9-3-31 TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPART-MENT (from SRCC MINUTES (Regular) 9/21/92 Page 1 SRCC MINUTES (Regular) 9/21/92 Page 2 9/17/92 thru 9/16/93) SRCC MINUTES (Regular) 9/21/92 Page 2 SRCC MINUTES (Regular) 9/21/92 Page 3 9. Temporary Street Closures: (PD) - File 11-19 x Approved staff recommendation 9-3-30 to authorize Temporary street closures on Tanbark Terrace a. Request Approval of Temporary Closure of and Marin Street, between Tanbark Terrace on Sunday, September 27, 1992 Clorinda and Bayview Streets. from 2:00 PM to 8:00 PM for Block Party; b. Request Approval of Temporary Closure of Marin Street, Between Clorinda and Bayview Streets on October 10, 1992 for "Festa Italiana Da San Rafael" Celebration 10. Resolutions of Appreciation to: (PD) - File 102 x a-q-qn a. Sang Kim, Seven/Eleven Store b. Frank Gruen, Royal Auto Body 11. Claims for Damages: a. Thomas N. Foris (PW) Claim No. 3-1-1645 b. Gladys Pereira (PW) Claim No. 3-1-1609 ADOPTED RESOLUTION NO. 8743 - RESOLUTION OF APPRECIATION TO SANG KIM, SEVEN/ELEVEN STORE, FOR HIS COOPERATION AND SUPPORT TO THE SAN RAFAEL POLICE DEPARTMENT ADOPTED RESOLUTION NO. 8744 - RESOLUTION OF APPRECIATION TO FRANK GRUEN, ROYAL AUTO BODY SHOP, FOR HIS SUPPORT AND COOPERATION TO THE SAN RAFAEL POLICE DEPARTMENT Approved City Attorney's recommendation for denial of Claim a. Approved Insurance Consulting Associates', Inc., recommend- ation for denial of Claim b. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 4.SECOND READING AND FINAL ADOPTION OF SIXTEEN (16) ORDINANCES REGARDING CHAPTER 14, ZONING ORDINANCE AMENDMENTS: (Pl) - File 10-3 x 10-1 x 9-3-17 a.ORDINANCE NO. 1624 - AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING CHAPTER 13.04, "PROCEDURE FOR ESTABLISHMENT" AND 13.08 "SETBACKS ESTABLISHED", FROM THE MUNICIPAL CODE The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING CHAPTER 13.04, 'PROCEDURE FOR ESTABLISHMENT' AND 13.08 'SETBACKS ESTABLISHED', FROM THE MUNICIPAL CODE" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1624 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. ORDINANCE NO. 1625 - AN ORDINANCE AMENDING CHAPTER 14 (THE ZONING ORDINANCE) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, CALIFORNIA The title of the Ordinance was read: "AN ORDINANCE AMENDING CHAPTER 14 (THE ZONING ORDINANCE) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, CALIFORNIA" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with SRCC MINUTES (Regular) 9/21/92 Page 3 SRCC MINUTES (Regular) 9/21/92 Page 4 the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1625 by the following vote, to wit: SRCC MINUTES (Regular) 9/21/92 Page 4 Page 5 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/21/92 Cohen, Shippey, Thayer & Mayor Boro C. ORDINANCE NO. 1626 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1626 FOR CONTEMPO MARIN, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1626 FOR CONTEMPO MARIN, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1626 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. ORDINANCE NO. 1627 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1627 FOR CORTE MESA, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1627 FOR CORTE MESA, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1627 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None e. ORDINANCE NO. 1628 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1628 FOR GREEN OAKS, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1628 FOR GREEN OAKS, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1628 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. ORDINANCE NO. 1629 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1629 FOR LOCH LOMOND 10, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1629 FOR LOCH LOMOND 10, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1629 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro SRCC MINUTES (Regular) 9/21/92 Page 5 SRCC MINUTES (Regular) 9/21/92 Page 6 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/21/92 Page 6 SRCC MINUTES (Regular) 9/21/92 Page 7 g. ORDINANCE NO. 1630 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1630 FOR THE MARIN FELLOWSHIP OF UNITARIANS, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1630 FOR THE MARIN FELLOWSHIP OF UNITARIANS, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1630 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. ORDINANCE NO. 1631 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1631 FOR PEACOCK GAP UNIT 6 (THE KNOLLS), AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1631 FOR PEACOCK GAP UNIT 6 (THE KNOLLS), AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1631 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None i. ORDINANCE NO. 1632 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1632 FOR PEACOCK HILL UNIT 1, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1632 FOR PEACOCK HILL UNIT 1, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1632 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None j. ORDINANCE NO. 1633 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1633 FOR PORTO BELLO, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1633 FOR PORTO BELLO, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1633 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/21/92 Page 7 SRCC MINUTES (Regular) 9/21/92 Page 8 SRCC MINUTES (Regular) 9/21/92 Page 8 SRCC MINUTES (Regular) 9/21/92 Page 9 k. ORDINANCE NO. 1634 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1634 FOR PORTO BELLO WEST, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1634 FOR PORTO BELLO WEST, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1634 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1. ORDINANCE NO. 1635 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1635 FOR QUAIL HILL TOWNHOUSES, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1635 FOR QUAIL HILL TOWNHOUSES, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1635 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None M. ORDINANCE NO. 1636 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1636 FOR 10 BAY WAY, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1636 FOR 10 BAY WAY, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1636 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None n. ORDINANCE NO. 1637 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1637 FOR TERRA LINDA MEADOWS, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1637 FOR TERRA LINDA MEADOWS, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1637 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/21/92 Page 9 SRCC MINUTES (Regular) 9/21/92 Page 10 o. ORDINANCE NO. 1638 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1638 FOR THE TERRACE, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1638 FOR THE TERRACE, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1638 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None p. ORDINANCE NO. 1639 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1639 FOR VILLA MARIN RETIREMENT RESIDENCES, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE PLANNED DEVELOPMENT DISTRICT 1639 FOR VILLA MARIN RETIREMENT RESIDENCES, AS CLASSIFIED ON THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA (RE: Z91-4 SAN RAFAEL ZONING ORDINANCE)" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and adopt Charter Ordinance No. 1639 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner stated that along with some minor typographical changes found in Ordinance No. 1625, she referred to Page 24-1, where the Planning Director has the ability to grant exceptions within this Ordinance. She asked, in adopting this new Zoning Ordinance tonight, that Planning staff keep track, monitor and review all exceptions as they go forward and bring them back to the Council in the future for them to review the exceptions and check to see if an overuse of exceptions is actually occurring. Councilmember Thayer asked with regard to the fence height requirements, referring to the Eichler homes, as an example, which have a fence beyond the 15 foot setback in the front of the property and if it would be alright to have a fence that is higher than 4 feet. Mr. Pendoley responded affirmatively. Mrs. Thayer stated she could not find this in the exceptions or the Zoning Ordinance. Mr. Pendoley stated that was because this is really not an exception. He stated that the Zoning Ordinance specifies height within the setback and once you are beyond the setback, the requirements are not enforced. Linda Jackson, Associate Planner, stated Section 14.61.140 on Page 16-5 of the Zoning Ordinance regarding front yard fences reads that fences not exceeding four feet in height may be located in the front or street side yard. She stated by default then outside of the front yard, the fence may be as high as the height limit for the District, i.e., an 8 foot fence outside of the front yard would be admissible. Councilmember Thayer then clarified with regard to the provision on Contempo Marin within Ordinance No. 1626, that this was zoned exclusively for use as a mobilehome park and the PD zoning does not affect that designation from the prior zoning ordinance. Mr. Pendoley responded affirmatively. 7.REPORT ON BID OPENING AND AWARD OF CONTRACT FOR EMERGENCY TREE SERVICE TO FAHY TREE SERVICE (PW) - File 4-1-452 x 11-6 x 12-1 Councilmember Shippey again asked about the cost increase being over $100,000 for Fahy Tree Service to do this work. He stated that according to the staff report, it appeared the City has limited itself to a situation where there is no competitive bidding due to geographical limits, requirement of equipment, holdings, etc. Mr. Bernardi stated that in an emergency situation, such as a tree falling across a street, staff cannot wait for a company to find a 14 foot crane or to respond from, for example, Petaluma to resolve this problem, so he stated staff felt it was SRCC MINUTES (Regular) 9/21/92 Page 10 SRCC MINUTES (Regular) 9/21/92 Page 11 appropriate to specify these types of limitations in the contract. He stated there have been instances where, in heavy winds and with branches hanging over house roofs, SRCC MINUTES (Regular) 9/21/92 Page 11 SRCC MINUTES (Regular) 9/21/92 Page 12 this particular contractor has responded within an hour of being called to reduce the liability to the City in terms of damage to a house or private property, which is why they felt these limitations were appropriate, given the liability in these types of situations. With regard to the difference in cost, Mayor Boro stated it is approximately the same as when staff did not go out to bid on this service, with an exception of a 100 over -ride proviso. Mr. Bernardi responded affirmatively and stated the bid is approximately 100 higher than what has been paid in the past for the same services. Councilmember Breiner stated, in her opinion, if Council goes forward with this, the Resolution should be revised to state, "WHEREAS, the bid of Fahy Tree Service, at the unit price stated in its bid was the only responsible bidder therefore;" Councilmember Cohen stated the geographical requirement was logical, which left four potential bidders, one of whom choose not to bid for reasons not shared with the Council and two chose not to make an investment in a piece of equipment needed under these specifications. He stated he found the standards stated in the specifications very reasonable. Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution awarding the contract for Emergency Tree Service, as amended. RESOLUTION NO. 8745 - AWARDING CONTRACT FOR EMERGENCY TREE SERVICE TO FAHY TREE SERVICE IN THE AMOUNT OF $110,667.75 BID (as amended to say, ". . was the only responsible bidder. . .") AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.PUBLIC HEARING TO CONSIDER UPDATING CITY OF SAN RAFAEL'S CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES (CC) - File 9-4-3 x 9-3-14 Mayor Boro declared the Public Hearing opened. City Clerk Leoncini explained the City's Conflict of Interest Code was adopted on June 16, 1980, and under new regulations adopted in 1990 by the Fair Political Practices Commission, the City's Code shall be updated every two years in the even year. She stated a Public Hearing must be held on the Code and those who fall under the new category have received the staff reports. She noted the Assistant City Attorney, David Walker, provided the guidelines, and each City Department was contacted to provide an update of their Department. She also stated the list included additions and/or deletions and there will be 26 new filers following adoption of the Resolution. As no one indicated they wished to speak, Mayor Boro closed the Public Hearing. Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution. RESOLUTION NO. 8746 - REPEALING RESOLUTION NO. 5922 AND ADOPTING CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13.PUBLIC HEARING - ANNUAL COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT FOR SMITH RANCH HOMES RETIREMENT PROJECT LOCATED ON REDWOOD DRIVE, NORTH OF SMITH RANCH ROAD (CA) - File 5-1-290 x 9-3-16 Mayor Boro declared the Public Hearing opened. City Attorney Ragghianti stated this was an annual request for the issuance of a Certificate of Compliance made by the developer and the owner of the Smith Ranch Retirement community. He stated in 1985 the City entered into a Development Agreement with the developer and this particular request for a Certificate of Compliance relates only to Lots 12 and 5a. He noted Lot 5b was split out several years ago and now is known as the McInnis Housing Partners and is separate and apart from any action involving this agenda item, and they will be submitting a separate request for a Certificate of Compliance in connection with Lot 5b. He stated the developers' representatives are present and have submitted a letter dated August 12, 1992. He SRCC MINUTES (Regular) 9/21/92 Page 12 SRCC MINUTES (Regular) 9/21/92 Page 13 stated the purpose of the annual review is to make certain that the obligations of the developer under the agreement are carried out and this is more in the nature of a report to the Council as to what the developers have done in connection with their obligations each year. Councilmember Breiner asked for verification that the McInnis Housing Partners are complying with the same annual review before Council is asked to vote because, in her opinion, the affordable housing part of Lot 5b was still tied into the other lots. Mayor Boro clarified that what Mrs. Breiner was asking was if there was an annual review on that separate project, like with Lots 12 and 5a. City Attorney Ragghianti stated he did not have the report this evening, but the report can be ordered from McInnis Housing Partners to submit an application to the City for a Certificate of Compliance. He verified that this was a separate matter, other than the item before the Council tonight. Councilmember Breiner stated the City allowed McInnis Housing Partners to have separate ownership of Lot 5b, but she did not believe the City allowed the obligation for the affordable housing to expire and stated she believed they should not do one without overseeing the other, as well. Mrs. Breiner recommended delaying this item until they get the report from McInnis Housing Partners, because that was an integral part of Smith Ranch Homes being able to go forward in getting any approvals from the City, and she noted it was only after those properties were separated that rents went up substantially and feels this report is very important. She stated the area where Smith Ranch Homes is now located was originally a housing opportunity site and it has not fulfilled its purpose by being used for affordable housing with the McInnis Park Apartments and if that information is not available to the Council tonight, in her opinion, the Council should not vote on this tonight. Mayor Boro asked City Attorney Ragghianti if Council has taken action to separate these two then can they legally bring them together now? Mayor Boro stated he did not see the direct tie-in. Tom Feldstein, attorney for the developer who has worked with this project for the last six years, stated that two or three years ago they went before the Council and obtained an amendment to the Development Agreement wherein, as Mr. Ragghianti has stated, Parcel 5b was severed from compliance with the Development Agreement on Parcels 12 and 5a. He stated that the legal effect of this was by the express terms of the Amendment that the compliance or lack of compliance with the affordable housing requirements of McInnis Apartments cannot be a default as to Tishman Speyer Mediq Marin Limited Partnership development rights on the other two parcels. He noted he could encourage the owners of the McInnis Apartments tomorrow, which continues to include the Marin Housing Development Corporation, to come forward, but they are working now with Mr. Dick Bornholdt on this. Mr. Feldstein stated his position now was that the San Rafael City Council three years ago had agreed not to take the position that they are taking tonight, and the rental limits at the McInnis Apartments can no longer impinge upon his client's ability to develop that project. Mayor Boro clarified that what Mr. Feldstein stated was that even though these are separate entities, they are common investors. Mr. Feldstein stated they have no ownership interest today because the Marin Housing Development Corporation in 1985 was brought into this and promised an ownership interest in the partnership that would ultimately own the McInnis Park Apartments, and he noted his point was that the housing arm of the City which was designed to insure compliance with the provision of the low and moderate "In Communis" should continue today. He noted that Tishman Speyer Properties, the owner and developer of Smith Ranch Homes and the skilled nursing facility has completely and forever severed any interests they had in the ownership or operation of the McInnis Park Apartments, and there is complete and separate ownership of the two. Councilmember Breiner asked City Attorney Ragghianti if the Council had the ability to require a Certificate of Compliance from McInnis Park Apartments. Mr. Ragghianti responded affirmatively and, in his opinion, it should be based on what Mrs. Breiner had just indicated, and the City has the right to require that they come forward and do the same thing that Tishman Speyer has done. He noted that is why the staff report indicated it was his understanding that McInnis Housing Partners would be submitting a separate request from the City for the same Certificate of Compliance which Tishman Speyer has now requested. Mrs. Breiner asked if they had done this annually. Mr. Ragghianti responded negatively. Mr. Feldstein stated, in his opinion, they had not done so, because in McInnis Partners' viewpoint there is today a recorded covenant against that property which insures the provision of the low and moderate rental units and requires reporting to the City, but there are no further executory obligations or SRCC MINUTES (Regular) 9/21/92 Page 13 SRCC MINUTES (Regular) 9/21/92 Page 14 rights as to that property, which has been fully developed and there are no further rights they can exercise. He noted in contrast, Tishman Speyer Mediq is completing SRCC MINUTES (Regular) 9/21/92 Page 14 SRCC MINUTES (Regular) 9/21/92 Page 15 today the skilled nursing facility and has the legal entitlement to build 400 units, of which only 226 have been built. For that reason, there is the on-going need to preserve those entitlements on Parcels 12 and 5a, but on Parcel 5b, the protection to the City is less the Development Agreement Compliance hearing, which the Council can insist on, but it is the recorded covenant and the right of the City to enjoin the operation of that project if the City determines that those apartments are not being rented in the manner that is required. Mr. Ragghianti stated his agreement with Mr. Feldstein in all of the statements he made and noted he feels the City has every right to insist that McInnis Housing Partners satisfy Mrs. Breiner or anyone else about the manner in which they are complying with their obligations in the covenant; however, Mr. Ragghianti stated it was his legal opinion that Mr. Feldstein was also correct with respect to the matter this evening that McInnis Housing Partners in Parcel 5b cannot be used to prevent the Council from issuing the Certificate of Compliance because of the affordable housing aspect connection with Parcels 12 and 5a. Councilmember Breiner requested that staff bring a report back to Council within a month from the McInnis Housing Partners and that a Certificate of Compliance be required of them annually, since they were part of the original agreement. Mayor Boro clarified the statements made by City Attorney Ragghianti and Mr. Feldstein, that once the project is completed, the obligation for a Certificate of Compliance is finished, but under the housing issue a report can be asked for as to what the status is on those affordable units. Mr. Ragghianti responded affirmatively. Councilmember Thayer stated three years ago she questioned the severance between the two partnerships because she felt that the affordable housing component was extremely important and to allow 400 units on a parcel without any concurrent responsibility was not something that the Council should countenance and, at that time, feared that there would be no accountability. She stated the original agreement was extremely convoluted with different kinds of interlocking partnerships, etc., and once they were severed there were two separate entities. She noted that she agreed with Mrs. Breiner very strongly that Council should be looking at Parcel 5b and get a Certificate of Compliance on this. City Attorney Ragghianti stated the record should reflect that the Certificate of Compliance only applies when there are executory provisions of an agreement that have not yet been satisfied and this point is crucial to the legal points being made at this time. He stated the problem with using the term "Certificate of Compliance" with Lot 5b is that there is no further executory provision which dedicates conduct on their part, but Council should still be able to get the report which Mrs. Breiner has asked for. He noted with regard to a Certificate of Compliance, he felt this was not the proper term to be using at this time for Lot 5b. Councilmember Cohen stated he was not on the Council when these decisions were made; however, he would like to see proper controls on the affordable housing portion of this and if the need arises to exercise that authority, Council should do it and find out what the problem is and correct it. Mayor Boro closed the Public Hearing. Councilmember Cohen moved and Councilmember Breiner seconded, to adopt the Resolution. Under discussion, Mayor Boro stated the requirement before the units referred to tonight were started was that 100 affordable units be built, which was achieved. He stated the only issue being raised tonight was with regard to the progress of these units, how they are being rented, who they are being rented to, and what are the rents being charged, so all the legal requirements put forth by this Council, as far as the building of Smith Ranch, have been met as far as the provision of affordable housing units, and now Council is asking for the status of these units. RESOLUTION NO. 8747 - AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14.PUBLIC HEARING - APPEAL OF DENIAL OF USE PERMIT AMENDMENT TO LEGALIZE EXISTING UNAPPROVED DWELLING UNITS; 822 "B" STREET; CALIFORNIA TENFOLD DEVELOPMENTS, INC., JOE BOHANEC, OWNER; JOHN SHARP, ATTORNEY, REP.; AP #11-262-15 (Pl) - File 10-5 x 9-3-17 Mayor Boro declared the Public Hearing opened and continued it to October 19, 1992 at request of Appellant's attorney. SRCC MINUTES (Regular) 9/21/92 Page 15 SRCC MINUTES (Regular) 9/21/92 Page 16 15.PRELIMINARY REPORT ON BUDGET AMENDMENTS (CM) - File 8-5 x 9-3-11 City Manager Nicolai stated, as mentioned in the staff report, at the last Council meeting they were hoping to take some quick action in addressing information about the State budget cuts and their affect on San Rafael. She stated that originally the net impact from the State on the City was to be approximately $500,000. She explained that one of the bills signed by the Governor related to the booking fees charged by Marin County and will allow the County to expand these fees and charges by including the County Jail not accepting a prisoner from a city if they need any medical attention. This would put the burden back on any city Police Department, including the cost of medical treatment and transportation to and from the Emergency Room of the hospital. She stated they did not have enough information at this time to be able to project what the cost factor will be for this until the bill is signed and the information is disseminated to each city. She stated the rush to deal with the impact of this has been tempered by two issues: 1) Waiting for a real figure to deal with for this year and not having the information available within these bills; and 2) knowing that the State is already in a $2 Billion deficit and it does not look like this will improve and could move to $6 Billion by the end of this fiscal year. She stated that staff is only three months from putting the budget together, and she felt they needed to seriously consider the fact that this was just a first step and there will be more cuts. Due to these facts, Ms. Nicolai stated she felt they should be looking at a much bigger cut than $500,000 in this fiscal year. She stated that the kinds of cuts in service to the public will probably carry into the next fiscal year and for an unknown time beyond that. Ms. Nicolai stated staff has not been able to make any headway in the last four or five years, in spite of the actions the Council has taken in addressing some new revenue sources. She stated they had just received the sales tax figures for the first quarter of this fiscal year, which was good news in that it was what was estimated for this year. Ms. Nicolai stated she has received input from the Council that any service impacts need to be citywide and she agrees that with this type of cut, there is no way of protecting Police and Fire from any type of impact. She stated the three major departments are Police, Fire and Public Works, which account for 750 of the budget to attempt to absorb a $700,000 impact. She also stated that they needed to look at the whole City in addressing any types of reductions such as furloughing versus layoffs. She noted staff would be working with the employee associations over the next couple of weeks in addressing this as an option. The current agreements with these associations allow the City a procedure for layoffs, but do not give the authority for furloughs, but this might be an option in various units, and that the implementation of furloughs in the various departments has a different impact on service levels and management of those service levels. Ms. Nicolai stated she was not recommending any of the options listed in the staff report for action tonight. She noted they needed more feedback from employee groups and the employees themselves. She also noted that the City has currently twenty frozen positions out of 360 total positions which have been carried through the last couple of fiscal years. Ms. Nicolai suggested having a two member sub -committee of the Council working internally with staff in evaluating some of the options and the impacts, to get more understanding of what the operating and service level impacts will be and discussing the options offered. She stated she felt that it would be almost irresponsible to look at a $500,000 cut now, because within possibly two months staff may be back dealing with a much more severe cut next year, and particularly if Council wanted to get a citizens' group involved in working on a longer term revenue source. She noted this will probably completely confuse the issue to be dealing with one number now and by January, 1993, dealing with another number when this group is trying to put either a ballot measure together or look at the longer term. She stated staff needs to address this now because these numbers may change within two months and it would be a waste of time at this point. Mayor Boro asked Ms. Nicolai if the suggested sub -committee would be looking at options not only to achieve the cuts needed, but also start to come up with some options for a measure to bring to the public to make this happen. Ms. Nicolai responded affirmatively. Councilmember Thayer stated that the possibility of the County placing the medical burden on each city for their prisoners before booking them is estimated to cost the cities more than the actual booking fee. Ms. Nicolai responded affirmatively and stated they are now paying $90 to book a prisoner and the cost of medical care in an emergency room would be significantly more than that fee. Mrs. Thayer asked if the Governor SRCC MINUTES (Regular) 9/21/92 Page 16 SRCC MINUTES (Regular) 9/21/92 Page 17 had signed the bill for this and Ms. Nicolai answered he had, but her office had not received the wording yet to see what is actually in it. SRCC MINUTES (Regular) 9/21/92 Page 17 SRCC MINUTES (Regular) 9/21/92 Page 18 Mayor Boro stated, for the benefit of the audience, the first time the City was charged booking fees the total amount for that year was $180,000 and the following year was $230,000. He stated the City did raise certain taxes to cover these costs, but the fees have gone beyond the coverage now. Councilmember Breiner asked how many full-time employees there were working for the City now. Ms. Nicolai answered approximately 345. Mrs. Breiner stated she felt the need to preserve jobs is a high priority within the City and that cutting staff has been one of the issues which has contributed so much to the economic downturn. Mayor Boro suggested Councilmember Cohen and he be the two member sub -committee to work with the City Manager on these issues and come back with this information to the Council as soon as possible. Mayor Boro stated they would not be taking public input at this meeting, but would at later meetings. He did state that they would make this a very public process, allowing the employee groups, the public in general, and all employees to participate in this process. He went on to state that there would probably need to be some type of tax increase from the City, and in order to do this there needed to be support from all public groups. Councilmember Thayer stated she would like to hear input from the employees, themselves. Ms. Nicolai stated she already had meetings scheduled with the employees on Friday, September 25, to go through the possibilities and make suggestions. Ms. Nicolai also stated the City did not have the power to go ahead with any recommendations without the meet and confer process. She explained that when something is recommended like this it usually goes through the public hearing process and is open for public comment before final decisions are made. Councilmember Cohen stated he agreed with Ms. Nicolai's comments with regard to an open process. He stated he, as well as the rest of the Council, keeps up with communications from the public and employees. He suggested going through the whole process, as proposed, and to come back to the Council with a range of recommendations at the October 5th Council meeting. He noted some of the options listed in tonight's staff report are new to him and stated it would not be helpful to take reactions to these at this time. Ms. Nicolai stated her concerns with coming back on October 5th were: 1) When they do get a range of options it should be more of a hearing for discussion purposes than just a Consent item; and, 2) She felt that was not enough time to meet and confer with all groups, as well as getting a sense of how real these options are. She suggested, instead of committing to a meeting date, set up a communications network with all the boards and commissions and pull all the needed information together and then set up a Special Council Meeting. Mayor Boro summarized what they needed to do by stating they would look beyond this fiscal year, as far as cuts are concerned, and also start to think about a revenue option to bring to the public. He noted that Ms. Nicolai and Finance Director Coleman had held several meetings with employees over the past year with regard to the budget and how it would impact the different departments. He stated they would continue to do this. 16.MARIPOSA ROAD ASSESSMENT DISTRICT: (PW) - File 6-49 x 11-15 x 11-1 a. RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING (Hearing to be held on Monday, November 2, 1992, at 8:00 PM) b. ENGINEER'S REPORT - THIS IS TO BE FILED. C. RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS. d. NOTICE OF IMPROVEMENT - THIS IS TO BE FILED. e. RESOLUTION CALLING FOR CONSTRUCTION BIDS. f. NOTICE INVITING SEALED BIDS - THIS IS TO BE FILED. (Councilmember Cohen disqualified himself from this item due to a perceived potential conflict of interest, and excused himself from the meeting.) Public Works Director Bernardi stated there were a number of actions to be taken which were being recommended by the bond counsel, Mr. Edwin Ness who was present in the audience. Mr. Bernardi stated the work which has been done to date has been the SRCC MINUTES (Regular) 9/21/92 Page 18 SRCC MINUTES (Regular) 9/21/92 Page 19 preparation of plans and specifications for right-of-way acquisition, grading, paving, SRCC MINUTES (Regular) 9/21/92 Page 19 SRCC MINUTES (Regular) 9/21/92 Page 20 curb and gutter, storm drain sewers and associated miscellaneous costs. He stated the total cost of the Assessment District is estimated to be $329,254; and the Preliminary Engineer's Estimate has been submitted, along with the Preliminary Spread of Assessments. Mr. Bernardi then briefly explained the enclosed material and stated it is planned to open the bids on Tuesday, October 13, 1992, at 2:00 PM. Councilmember Breiner asked with regard to whether Mariposa Road, after the improvements, will remain a private road and, if so, will the Assessment District still be available for ongoing maintenance. Mr. Bernardi answered that the plans being prepared are to construct Mariposa Road to City standards. He stated once the road is built and approved, it will become a City street. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the three Resolutions and take the following other actions with respect to Mariposa Road Assessment District: a. RESOLUTION NO. 8748 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING - MARIPOSA ROAD ASSESSMENT DISTRICT (to be held on Monday, November 2, 1992, @ 8:00 PM in the Council Chambers) b. Engineer's Report - Filed. C. RESOLUTION NO. 8749 - RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS - MARIPOSA ROAD ASSESSMENT DISTRICT d. Notice of Improvement - Filed. e. RESOLUTION NO. 8750 - RESOLUTION CALLING FOR CONSTRUCTION BIDS - MARIPOSA ROAD ASSESSMENT DISTRICT (bid opening set for October 13, 1992 @ 2:00 PM, Public Works Department) f. Notice Inviting Sealed Bids - Filed. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Cohen (who disqualified himself due to a perceived conflict of interest) Councilmember Shippey asked Mr. Bernardi if there was a formal action which should be taken by the Council to take possession of this street for the City's purpose. Mr. Bernardi responded that by virtue of the Assessment District proceedings, the street will become the City's as a result of the construction and the Assessment District process itself. (Councilmember Cohen returned to the meeting.) 17.REPORT ON THE COMPOSITION OF JOB CENTER ADVISORY BOARD (CM) - File 231 x 9-2-43 x 218 x 9-3-11 Assistant City Manager Golt gave a brief summary of the staff report presented to the Council on the proposed composition of the Job Center Advisory Board. She stated that staff had made recommendations for this Board to be included in this report, and since that time the Co -Chair of the Canal Area Property and Business Owners Association, Bill Weeks, has corresponded with the Council and asked reconsideration of the composition of this board. She stated Mr. Weeks' recommendation was appointing a representative from CPBA (Canal Area Property and Business Owners Association) and one from FSRN (Federation of San Rafael Neighborhoods) to the Board. Ms. Golt stated she felt there should be a certain balance maintained in this Advisory Board, in particular the three key groups need to have a balance. They are the day workers, the service providers and the community. She noted that the recommendation now is for two members from each of those groups. She recommended holding the number of this group to the 11 member recommendation; however, staff has recommended Council consider Mr. Weeks' request. Ms. Golt stated that if the Council wishes to expand the size of this group by adding more community representatives, she encouraged them to look at whether it would be appropriate to have the Marin Employment and Training Consortium and the Regional SRCC MINUTES (Regular) 9/21/92 Page 20 SRCC MINUTES (Regular) 9/21/92 Page 21 Occupational Program represented. SRCC MINUTES (Regular) 9/21/92 Page 21 SRCC MINUTES (Regular) 9/21/92 Page 22 Bill Weeks, Co -Chair of the Canal Area Property and Business Owners Association, stated the members of the community were trying to make the Job Center work and noted he has been involved in difficult mediation between all the groups involved in this within the East San Rafael area. He stated this has been a difficult issue to deal with due to the legal issues and others, and it has, to a certain extent, divided the community. He noted that he feels, along with CPBA, that without community support, this Job Center will not be achieved. He stated the list of board members appeared to be more heavily weighted toward the service providers, which he feels should not be directing the community. Gina Matthews, Co -Chair of the East San Rafael Neighborhood Task Force, stated she wished to clarify their opinion on representation from the CPBA. She stated this was discussed last year and it was decided to have the two Task Force members, who were also members of the CPBA, be the representatives to the Advisory Board. She stated she was in support of the original staff report regarding the makeup of the Advisory Board in keeping it at 11 members, along with the original list of representatives. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, stated that their nominee to serve on this board is Derrick Knell, who is a Canal area business owner, noting this is additional representation from the business community. Lynn Davis, member of the East San Rafael Neighborhood Task Force and the Canal Property and Business Owners Association, stated she supported Mr. Weeks' and Ms. Golt's comments with regard to adding a member of the CPBA to the Advisory Board, noting she felt representation from the property owners was very important. Luther Wallace, member of the East San Rafael Neighborhood Task Force, stated he was speaking in opposition of the recommendation that the Advisory Board be expanded by including one particular organization. He stated he felt the way the board was set up now would give them the community representation they needed. He stated that bringing in another representative at this time would not be fair because of all the hard work and hours already spent on the Four Point Plan which is just the beginning of this project. Tom Oblitz, member of the Federation of San Rafael Neighborhoods, stated he felt it was appropriate to expand the Board by two more members to allow some additional valid input, which would be CPBA and FSRN. Mayor Boro clarified what Council was being asked to do was to expand the Advisory Board by two more organizations, not necessarily two individuals. He stated the one thing that is critical is getting as many groups and people involved as possible in this process, even if there is some disagreement between groups. He suggested adding the two additional representatives from these two groups. Councilmember Shippey stated he agreed with the need for representation from all sides and was supporting the addition of these two members on this board. He also stated he agreed with Ms. Golt in not including the representatives from ROP and METC. Councilmember Thayer agreed with Mayor Boro and Councilmember Shippey with regard to adding two new members to this advisory board, because the impetus for this whole project came from the business community and the day laborers' group. She stated she felt there are members from outside this community on the board and there needed to be more representation from that area. Councilmember Cohen stated he agreed with the need to get support and involvement from outside of this neighborhood. He stated he felt that instead of using valuable staff time, getting support from the community was important for spending these resources in that community, which was a good reason for involving the FSRN. He also stated CPBA should be involved because of their support of this issue. Councilmember Shippey moved and Councilmember Thayer seconded, to accept the staff recommendations and approve addition of a representative from (both) the CPBA and FSRN to the Advisory Board, making a total of 13 members. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18.ALBERT PARK RENOVATION PLAN (Rec) - File 12-5 x 9-3-66 Recreation Director McNamee briefly described the plan for renovating Albert Park, in progress for approximately one year. She explained all the different community groups involvement in this project. She stated the objectives put forth in the meeting held with all the involved parties will determine how the desired park components listed in SRCC MINUTES (Regular) 9/21/92 Page 22 SRCC MINUTES (Regular) 9/21/92 Page 23 the staff report best fit together in a way that generates active uses of the Park. She also stated the community involvement always needs a type of fund raising or commitment of resources and funds which the City does not have now. Linda Bellatorre, participant in the community project, gave an overview of the plan to the Council of how the Park will be renovated. Dolores Lyddon, member of Gerstle Park Neighborhood and President of the Goldenaires, gave a description of the different activities and areas for these activities. Sandy Lollini, member of the playground committee, gave a brief description of the location and equipment for the children's playgrounds. Dolly Nave, member of the Bocce Ball Committee, gave a summary of where this activity will be located and briefly explained this game. Ms. McNamee gave a brief description on the garden area and indicated all the varied groups involved in assisting with the building of this garden area. Tom Oblitz stated the Park and Recreation Commission had reviewed the plans on October 2, 1992 and approved the plan in concept. He then gave a brief summary of the recommendations the Commission gave with regard to the safety on the bridges, security and shade tree views. He stated they had been in touch with the San Rafael Police Department on the issues of views and security. He stated the plan was reviewed by their committee and had five high priority items: 1) The Bocce Ball Court; 2) Relocation of the existing sculpture; 3) The toddler area; 4) The garden area, with the Italian theme from the City's sister city (Zonate Pizzolo); and 5) The cafe concession and the porch area. He stated they hope to have these accomplished within six to twelve months. Mr. Oblitz stated they are looking for funding sources and have a commitment of $90,000 from the Parkland Dedication Fees. He commended Ms. McNamee for the good job she has done with this group for Albert Park. Terry Ciafrei stated he has been playing softball at Albert Park for the last five years and also runs the concessions and batting cages this year. He noted from the feedback he has been getting from the softball players that this will be a great idea and a place to take their children while they are playing softball. Mr. Ciafrei stated the men's and women's softball league combined here in San Rafael represents approximately $50,000 a year in fees to the City. He stated they represent about 500 players who are also consumers in that Park. He stated there are other complexes in the Bay Area that make money playing softball, and one way to generate more revenue would be to increase the amount of playing in San Rafael. Councilmember Cohen asked Mr. Ciafrei what he meant by expanding play. Mr. Ciafrei answered that was by adding fields and increasing the number of days for playing. Councilmember Breiner stated her concern with regard to the issue of wind, possibly after the fence comes down, asking will there be a negative wind affect? Councilmember Cohen stated he was very glad to see this plan for personal reasons and was happy to see the type of volunteer base for this project. He then asked where the sculpture would be relocated to. Ms. McNamee stated that has not been decided yet. Mr. Cohen then stated with regard to the nearby creek, he felt they should look at what the vision is for the remainder of the creek, as well, because of the wetlands issue in the Andersen Drive project. Mayor Boro commended the committee and Ms. McNamee on all their fine efforts and work on this project. Councilmember Cohen moved and Councilmember Shippey seconded, to accept the staff report, approve the revised Albert Park Master Plan in concept and endorse the high priority projects to move forward. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19.REPORT ON REPAIRS TO SAN RAFAEL LIBRARY (Lib) - 9-3-61 City Manager Nicolai gave a brief overview of the past actions on this issue, including SRCC MINUTES (Regular) 9/21/92 Page 23 SRCC MINUTES (Regular) 9/21/92 Page 24 closing the Library in late May due to the detection of seismic problems in the building's structure. She stated the City's Fire Marshal has also had an ongoing SRCC MINUTES (Regular) 9/21/92 Page 24 SRCC MINUTES (Regular) 9/21/92 Page 25 concern about the use of the Webb Room without a second access, because of the occupancy number during different programs given in this room. Ms. Nicolai stated that they were also looking at the Americans with Disabilities Act needs for the building. Ms. Nicolai stated that Library Director Stratford had looked at the possibility of relocating the Circulation Desk during the construction. She stated that relocating the Circulation Desk from upstairs to the downstairs floor could allow the City to achieve an ongoing operating savings of approximately $23,000 by consolidating the adult and children's circulation in one location. She noted having the Circulation Desk in one location when there are two floors will not work if there is no handicapped accessibility, because when a handicapped person parks in the upper parking level and enters the top floor to get an adult book, they would then have to go outside and around the building and enter into the front door to check the book out, which is the only handicapped accessibility between floors. She stated that the elevator as a component for the ADA requirements then also became a component of making it feasible to consolidate the Circulation Desk so there would be access between the two floors to provide access within the building to check out books. Ms. Nicolai also indicated the public restrooms are not handicapped accessible at this time and could be looked at by the consultant at the same time he is looking at the elevator issue. She noted Morris Finisy, the Architect consultant, suggested when putting the elevator in we might want to simultaneously put unisex bathrooms on each floor. Ms. Nicolai stated she was recommending calling for bids on the entire package, understanding the ADA requirement needs. She stated that with regard to the funding options, funds were not available in the General Fund; however, there are special funds: 1) The Davidson Bequest; and, 2) The Blue House Fund, as outlined in the report. Councilmember Breiner stated her concern with regard to the Circulation Desk, that this be included to increase the circulation and flow within the building. Mr. Stratford stated there are certain trade-offs between what entrances to use and saving money. He stated having the two Circulation Desks is expensive and will be a trade-off in that people will have to go downstairs to check out their books. Mrs. Breiner asked if the Webb Room will be used for the same purposes as the present or will it be reworked. Mr. Stratford explained the different programs used in that room which indicated a heavy use. Mrs. Breiner asked if the space is needed in the lower floor, are there better ways to utilize the Webb Room and possibly have some of the programs usually held in that room moved to other parts of the Library. Mr. Stratford stated they have discussed alternatives to this problem. He also stated that the Webb Room, in the past, has been discussed as a periodicals room, however, there are a number of barriers to this and staffing considerations. Mrs. Breiner stated her concern with regard to the fact that the City will be spending a lot of money doing this upgrade. Mayor Boro asked if by going ahead with this upgrade they are committing the City to this location for a long period of time? Mr. Stratford stated they will be discussing the changes with the building consultant (Raymond Holt) who has worked with both San Rafael's Library program and the joint library, and is very familiar with the building. Ms. Nicolai stated that this is definitely being proposed as a cost saving measure, noting there was no way to characterize this as being more convenient and more patron - friendly; it will be dramatically less patron -friendly. She stated now the building is set up to maximize the convenience on the two different levels, but it is the most costly way of staffing it. Mrs. Breiner stated that given these constraints, she wanted to know if they were optimizing everything else. She asked if moving some of the walls could make this work better. Mr. Stratford stated this was a good idea and he would discuss this with the consultant as well. Ms. Nicolai stated, with regard to the long-term issue, the cost of tearing down the building and rebuilding it as it is would cost approximately $1.8 million. She stated if they wanted to make an improvement over what is there and start talking about the square footage that was needed and what was included in the original study with Holt, before the County was added, it was more like 50,000 to 60,000 square feet they were recommending just to be done for San Rafael, and this put the cost up to $6 million. She also stated that in the interim, if they do not start to do these improvements, SRCC MINUTES (Regular) 9/21/92 Page 25 SRCC MINUTES (Regular) 9/21/92 Page 26 then they would be stopped and could not use this building. She noted that they asked the consultant to look at these plans in the context of the fact that it does not SRCC MINUTES (Regular) 9/21/92 Page 26 SRCC MINUTES (Regular) 9/21/92 Page 27 preclude future possibilities of expansion. She stated, in her opinion, if they wanted to preserve the original site it would be difficult to get what they need for this community on that location. Ms. Nicolai stated if they wanted this building to retain any value for some future use, and if another location can be found for the library and the funding is met, this type of work still has to be done to eliminate any seismic problems and update for the ADA requirements, or it will subtract from the value of the building for any type of future use. Councilmember Shippey asked if the book space would increase or decrease from the original space. Ms. Nicolai stated there would be very little impact, and the only area that may change will be downstairs, which will be a very small area. Councilmember Thayer stated her concern with regard to a new library, noting she felt this could be funded from the public, who would be willing to do so because it is a valuable place for the community. She did state that in the short-term, the Council does not have any choice but to repair the damage found now and she realizes that they cannot build the new library on the present site because there is not enough acreage available there. She stated she realized they were very limited in the types of funds they would be able to use, noting until some new revenues come, perhaps through a ballot measure, they are relegated to use funds from both the Davidson Bequest and the Blue House Fund. She asked for more information about the Blue House Fund to determine the downside of using more of this fund instead of the Davidson Bequest. Councilmember Cohen noted the time he has spent in there, particularly during the children's story hour, it has been heavily utilized, and stated he supported maintaining some type of space for the children, in particular. Mr. Cohen asked with regard to the cost of the elevator. Ms. Nicolai stated it was $90,000 and Mr. Bernardi stated it was approximately $85,000 just for the elevator. Mr. Cohen then asked if the bathroom changes were still required under the ADA, if we have the elevator. Ms. Nicolai stated they have to remodel the existing bathrooms to meet the ADA requirements which is approximately $36,000. Mr. Cohen asked if the bathroom project could be done independently of the elevator. Mr. Bernardi stated it would be more efficient to do it simultaneously. Mr. Cohen stated his concern with regard to maintaining a patron -friendly atmosphere. He stated with the difficulty of parking in the downstairs lot it will be inconvenient having to move from floor to floor to find books and then check them out and get back to the parking lot. He stated, in his opinion, the proposal presented tonight has done a good job of attempting to minimize the cost; however, after having time to reflect on this, he stated he shared Ms. Nicolai's assessment that it will probably be approximately ten years, unless someone steps forward to make a commitment to going out and getting the funding. He stated there will be a lot of people "tapping" the community for funds over the next year. He noted that it will therefore be many years before they can consider a serious fund raising drive for this project, and looking at the $550,000 over a ten year investment, it is a minimal price to pay to have as good a library as we can get. He requested staff look at possibly doing other improvements at the same time, which might cost a little more, rather than having to raise the funds for more upgrading possibly in two years or so. Mayor Boro agreed with Mr. Cohen and asked staff to look into Mr. Cohen's comments and issues as part of the bid process. He stated the two things which need to happen in the Library are: 1) The carpets need to be replaced; and, 2) Painting of the inside of the building. Mayor Boro then asked with regard to the seismic work to be done, if this will allow the City to add to this building in the future. Mr. Bernardi responded affirmatively. Mayor Boro stated his concern with regard to the circulation desk issue. He stated that in other libraries he has been in, there is only one area where the books are checked out, so if this is done in a way that is efficient and effective, then he supports having one circulation desk. He asked for some information on this issue. He asked with regard to finding another source of money, about looking into the potential use of Redevelopment dollars since this is part of the Redevelopment area. Ms. Nicolai stated that the Library is within the Redevelopment area, but the only possible problem is that it does not fit within the categories of projects approved by the County and might, theoretically, require that we renegotiate with the County to allow the City to do that. She stated she would look into this for the Council. Councilmember Shippey stated he agreed that one circulation desk would not be inconvenient, especially with the elevator being considered. He then requested more information on the funding be brought back to the Council soon so they can keep the schedule proposed. SRCC MINUTES (Regular) 9/21/92 Page 27 SRCC MINUTES (Regular) 9/21/92 Page 28 Ms. Nicolai asked for clarification on the question of what else could be done. SRCC MINUTES (Regular) 9/21/92 Page 28 SRCC MINUTES (Regular) 9/21/92 Page 29 Councilmember Cohen responded, even though this is a bad time due to the budget problems, that maybe it still can be presented to the public for new revenue, if possible. He stated he would like more information on the options for this. He explained that what he was looking at was what they would need to have a quality library if they would be using this facility for the next four to ten years and how much this will cost now, as opposed to trying to get the funding later on after the public is asked for money for other areas of the City. He stated that if they could include some things to be done in conjunction with the project now which would result in cost savings by doing them in combination, it deserves serious thought. Ms. Nicolai stated the Blue House Fund was just like the Davidson Bequest, in that the funds are for City Hall, so the intent for this was also being a reserve fund for future needs for this facility. She stated that the Davidson Bequest was earmarked for a very similar purpose for the Library. She stated that the Blue House Fund could become a type of Capital Improvement fund and they would be no longer looking at the "nice to have" types of things in the Library because of other repair work needed for Falkirk and the Boyd House. She stated that if they do the expansion needed to add 40,000 to 60,000 square feet and taking another $500,000 and adding another 5,000 square feet on to this library will put the City into a bigger funding hole, that will cause them to never be able to get the community support needed to fix it. She noted that right now they are dealing with the Code problems which include seismic problems, ADA requirements and UBC issues; and the main improvement with this plan is that they will get to move back into the building and also get the 13,000 square feet back which they do not have now. She stated if this is delayed for the next ballot measure, which would probably be in June, 1993 at the earliest, they will have gone past the lease period on the current building being used and will not be able to go out to bid on something they might not have the money for then. Councilmember Breiner stated she agreed with Mr. Cohen that the City will be in that building for a long time. She stated she still has very serious concerns about the internal circulation, and would like to see staff spending enough time and money for this issue. Ms. Nicolai agreed with Mrs. Breiner on the location of the Circulation Desk and whether it flows correctly. Michel Rousselin, member of the Board of Library Trustees, stated it was the consensus of the Board that the Davidson Bequest should not be used for the maintenance of this facility. He stated that only the interest has been used for the Library purposes. He stated his concern that if these funds are used for this, there may not be any funds for library services in the future, and this might discourage others from donating money that might be used for other areas. He stated that with regard to Councilmember Cohen's question about funding, they were currently attempting to revive the "Friends of the Library" and need the help of the City to get a strong coordinator so this could also become a major funding source. Ms. Nicolai stated she understood the Library Board's position; however, when the Library received the Davidson Bequest there were no "strings" attached to it. This was basically Council's policy, with the recommendation of the Library Board, that it be set aside and not be used for other things. Mayor Boro stated Council would look at the options and keep in mind the concerns of the Library Board. He stated that the main issue is what the City needs overall, as far as basic services for the near future. He noted it would probably not be prudent at this time to go for a major bond drive on the Library and then have the City go out for another major bond drive for capital improvements, i.e., fire stations, level of service or Police and Fire. He stated he wanted to avoid competition amongst themselves within the City for funds from the taxpayers. Councilmember Shippey moved and Councilmember Breiner seconded, to accept the Scope of Work, subject to review of circulation with Consultant Raymond Holt, and approve pursuing funding options. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20.CITY COUNCIL REPORTS: a. TRAFFIC PROBLEM - THIRD & HETHERTON - ROBERT HUNTER (PW) (VERBAL) - File 9-3-30 x 9-2-8 x 9-10-2 X 11-1 Mayor Boro stated he had received a FAX from Mr. Robert E. Hunter with regard to a Traffic citation he received at Third and Hetherton Streets relating to (what he perceived to be) a traffic problem. Mayor Boro referred this to the Traffic SRCC MINUTES (Regular) 9/21/92 Page 29 SRCC MINUTES (Regular) 9/21/92 Page 30 Advisory Committee for a report back to Council. SRCC MINUTES (Regular) 9/21/92 Page 30 SRCC MINUTES (Regular) 9/21/92 Page 31 ADD ITEMS: I.CONTEMPO MARIN RE VACANCY CONTROL (CA) (VERBAL) - File 13-7-1 x 9-3-16 x 9-3-17 Councilmember Breiner asked for information from the City Attorney's Office regarding vacancy control. City Attorney Ragghianti responded that Assistant City Attorney Walker was researching this and would get this information back to him tomorrow. II.B-BAR-A MOBILEHOME PARK (Pl) (VERBAL) - File 13-7-1 x 9-3-17 Councilmember Breiner asked with regard to a letter she received from the Wespechers addressed to Clare Machado, Code Enforcement Officer, about problems with their former address at the B -Bar -A Mobilehome Park. Mr. Pendoley responded that staff was preempted by the State of California from answering the questions being asked. Mrs. Breiner asked if the Wespechers would be notified and Mr. Pendoley indicated that they were aware of this at this time. There being no further business, the meeting adjourned at 11:07 PM JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/21/92 Page 31