HomeMy WebLinkAboutCC Minutes 1996-06-03SRCC MINUTES (Regular) 6/3/96 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 3, 1996 AT 8:00 PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
Others Present: Suzanne Golt, Acting City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION - 7:00 PM - COUNCIL CHAMBER
Mayor Boro announced Closed Session items.
CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201
1. 0 Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiators: Suzanne Golt/Daryl Chandler/Dick Whitmore
No reportable action was taken.
• Conference with Legal Counsel - Existing Litigation
(Government Code Section 54956.9 (a)):
a. Nunez v. City of San Diego, Federal 9th Circuit Court of Appeal
(Request for City of San Rafael participation as amicus party.)
Council unanimously approved participation as amicus party.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR
8:15 PM
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the
recommended action on the following Consent Calendar items:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Budget Hearings Approved as submitted.
of June 26, and June 27, 1995 (CC)
3. Call for Applications to Fill One Four -Year Approved staff
recommendation:
Term on the Planning Commission Due to a. Called for applications
Expiration of Term of Joyce B. Rifkind (CC) to fill one position on
- File 9-2-6 Planning Commission to
expire end of June, 2000;
b. Set deadline for receipt Tuesday, 6/25/96 at 12:00 Noon in City
Clerk's Office;
c. Set date for interviews of applicants at Special Meeting on
Monday, 7/1/96 at 6:00 PM, Conference Room 201, City Hall.
4. Call for Applications to Fill One Four -Year Approved staff
recommendation:
Term on the Design Review Board (Architect) a. Called for applications
Due to Expiration of Term of Robert J. to fill one position on
Huntsberry, Architect (CC) Design Review Board
- File 9-2-39 (Architect) to expire end
of June, 2000;
b. Set deadline for receipt Tuesday, 6/25/96 at 12:00 Noon in City
Clerk's Office;
c. Set date for interviews of applicants at Special Meeting on
Monday, 7/1/96 at 6:45 PM, Conference Room 201, City Hall.
5. Approval of Special Meeting Dates
24th and
City Budget Hearings (CM) - File 8-5
Chamber for Budget Hearings.
for 1996/97 Approved June 20th,
25th, 1996 at 7:00 PM, in Council
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SRCC MINUTES (Regular) 6/3/96 Page 2
6. Resolution Declaring Intent to Close, Abandon RESOLUTION NO. 9612 -
and Vacate a Storm Drain Pipe on the Lands RESOLUTION OF THE CITY OF
of the Following, All Within the Knoll Terrace SAN RAFAEL DECLARING ITS
Subdivision: (PW) - File 2-12 INTENT TO CLOSE, ABANDON
AND VACATE A CERTAIN
a. Andreazzi, APN: 012-162-15 DRAINAGE PIPE ON THE LANDS OF
b. Elliott & Angelone, APN: 012-162-09 ANDREAZZI AP#012-162-15,
C. Allan, APN: 012-162-10 ELLIOTT & ANGELONE AP #012-
d. Monteleone, APN: 012-162-11 162-09, ALLAN, AP #012-162-10, AND
MONTELEONE, AP #012-162-11 OF THE SUBDIVISION ENTITLED "KNOLL TERRACE" AS SHOWN
ON THE MAP OF "KNOLL TERRACE" SAN RAFAEL, MARIN COUNTY RECORDED AT PAGE 16
OF BOOK 12, MARIN COUNTY RECORDS. (Setting Public Hearing for July 1, 1996
at 8:00 PM.)
7. Resolution Approving Parcel Map of RESOLUTION NO. 9613 -
Park Street Town Homes (PW) RESOLUTION APPROVING A
- File 5-1-329 CONDOMINIUM SUBDIVISION ENTITLED,
"MAP OF PARK STREET TOWN HOMES" (23 Park Street, between Mission Avenue and
Belle Avenue, and Consists of a Three Lot Townhouse).
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was pulled from the Consent Calendar for further discussion:
8. STATUS REPORT FOR SECOND, THIRD, AND "A" STREETS RULE 20-A UNDERGROUND DISTRICT
(PW) - File 12-18-13 x 9-3-40
Councilmember Heller asked, when the City begins tearing up the streets, will we
be looking at future technology needs of the City, and considering the use
of fiber optics? Public Works Director David Bernardi stated the City is
considering this, noting that since we are paying for part of the joint trench
for our street light and traffic signal conduits, it would not be difficult
to include another conduit for future technology.
Mayor Boro noted he had seen a document from an industry group which cited this
project, and the fact that San Rafael was doing something out of the ordinary
and assuming more liability than normal. Mr. Bernardi stated the City was
not assuming more liability than normal, rather we are taking the lead and
getting the project completed more expeditiously than if the City left it up
to the utility companies. He stated we are basically doing the design work,
with consultant Harris & Associates. Mayor Boro stated there was some
indication in the article that the City was assuming some of the responsibilities
normally taken on by the utilities, and asked if Harris & Associates was taking
on that liability on the City' s behalf. Mr. Bernardi stated that was correct,
noting the team that selected Harris & Associates was comprised of City staff,
and representatives from P. G. & E. and Pacific Bell.
Councilmember Cohen asked if this meant the City also had the benefit of Harris
& Associates' Errors and Omissions insurance, should there turn out to be any
problems, and Mr. Bernardi stated that was correct.
Councilmember Cohen moved and Councilmember Heller seconded, to accept the report.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MONTHLY REPORTS
Cohen, Heller, Phillips & Mayor Boro
None
None
10. DEPARTMENT REPORT - FINANCE DEPARTMENT (Fin) - File 237 x 8-9 x 9-3-20
Mayor Boro explained that at the Management Team Retreat earlier this year, it was
decided that the head of each Department would be asked to present a report
to the Council on an annual basis, updating the activity in their particular
department,
and allowing the members of the Council to ask questions.
Mayor Boro introduced Finance Director Ransom Coleman, stating he would present
a report on the activities of the Finance Department.
Mr. Coleman introduced individual members of his department, and noted their
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responsibilities: Ria Tuataqaloa, employed by the City since 1980, is
responsible for all accounting and budgeting, and deals with the auditors each
year; Jan Lacues, who has been with the City since 1980, does all of the payroll,
has an extensive banking background, and originally worked in the Finance
Department on the Treasury side; Mary Jean Knight is the Department Secretary,
having worked for the City since 1989, and leaving the Police Department to
come to the Finance Department in 1993. Mr. Coleman noted Mary Jean is also
a former Employee of the Quarter. He stated Ms. Knight is also responsible
for the preparation of the annual budget, and he distributed copies of the
1996-1997 Budget to the Councilmembers. Mr. Coleman explained the Finance
Department is divided into two sections, noting those employees who had just
been introduced were part of the Accounting section. He then introduced
employees who are part of the Treasury section, which he explained was the
section that deals with all of the money, as well as the people who come to
the counter: Mary Geis had been employed by the City since 1986 and was the
bookkeeper for Child Care until joining the Finance Department in 1990. Mr.
Coleman noted Mary is responsible for all of the banking, and guards the vault;
Joyce Tarlton has been with the Finance Department since 1992, and is responsible
for processing the business licenses, noting she also works with MRC, who does
a lot of consulting work for the City regarding business licenses; Lance Paulson
joined the Finance Department last summer, and is responsible for Parking
Citations and Accounts Receivable; Karen Lansman has worked in the Finance
Department since last fall, and is considered a "Jack of all trades". Karen
is a part-time employee working fifteen hours per week, with her main focus
being on the counter work; Nancy Neff is the newest employee in the Finance
Department, and has been with the City since March of this year. Nancy is
responsible for purchasing and supervising the Treasury section, and she will
be implementing a purchasing program for the City. Mr. Coleman stated Doris
Kennedy, who was unable to attend this meeting, is the final employee in the
department, reporting she is responsible for Accounts Payable, and noting she
is the most senior member of the Finance Department, having been with the
department since 1968.
Mr. Coleman reported this past year began very successfully with a bond issue for
the Redevelopment Agency, which sold almost $8.9 million worth of bonds at
a very favorable rate, as well as the implementation of the credit card program,
noting we are now in the third or fourth billing cycle of this program. He
stated the department has undergone a reorganization, allowing them to spend
more time on parking citations, as well as purchasing. He reported the Finance
Department has most recently been working on the Solid Waste JPA.
Mr. Coleman reported that next year they will be evaluating requests for proposals
for banking services, which has already gone out, and noted that if, in fact,
it is decided that we should go with another bank, the Finance Department will
oversee the change during the next few months. He noted the City has been
with Security Pacific/Bank of America for the past fifteen years, and believes
it is time the City look at what some of the other banks can offer.
Mr. Coleman noted the Finance Department will be preparing a brochure with information
on business licenses, noting they receive many requests for information
concerning what is required for a license. He reported his department will
be working with the Chamber of Commerce to assist in compiling a brochure for
all who are interested in this type of information. He reported they will
also be reviewing the Budget format, noting the new City Manager will likely
be involved in that process.
Mr. Coleman stated that during the coming year they will be working on computerizing
purchasing, decentralizing more of the data entry for payroll, and will also
begin data entry work on accounts payable, noting at this time everything is
done in the Finance Department except the Police Department payroll, which
is done by Police personnel. He stated the Finance Department will continue
to work with the BOC (Budget Oversight Committee) on the Five -Year Plan, and
with the new City Manager on whatever tasks he has in mind.
Mayor Boro thanked all of the members of the Finance Department for attending the
meeting, and for the fine work they have done and continue to do for the City
of San Rafael.
Councilmember Heller asked how computerized the Finance Department is at this time,
and if we are where we should be, or if we still have a way to go? Mr. Coleman
responded that almost all of the functions of the department are computerized
in one form or another; however, the purchasing function has not been
computerized, and is
one area they will be looking at. He stated they will also be looking at a little
more computerization on the banking aspect, in an attempt to reduce the time
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SRCC MINUTES (Regular) 6/3/96 Page 4
it takes for the monthly reconciliation, although this would depend on whether
or not the City chooses a new bank, and what their capabilities might be.
Councilmember Heller noted Mr. Coleman had stated the Police Department does their
own payroll, and asked why that is done separately from the Finance Department?
Mr. Coleman responded they do not actually do their own payroll, per se, they
do the data entry work and then the Finance Department receives a hard copy
of what they have input and reviews it.
Councilmember Phillips moved and Councilmember Cohen seconded, to accept the report.
AYES: COUNCIL ERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. CITY WORK PLAN REVIEW (CM) - File 237 x 9-1
Mayor Boro explained this report was an update on the goals and objectives developed
during the Management Team Retreat, and were to be accomplished during the
first six months following the retreat.
Acting City Manager Suzanne Golt referred to Item #2C, which called for a decision
to be made about the Police Radio system by May 1st. She stated she had lost
the essence of this particular objective, because during the meeting with the
Police Radio Committee, the decision was reached regarding how they were going
to proceed, and this issue is to be discussed during the coming months.
Therefore, she was unclear as to the decision that was to have been reached
by May 1st. Councilmember Heller stated she felt the decision had essentially
been made that the City is going to purchase a new Police radio system, but
the issue of when this will be done is still unclear. Councilmember Heller
reported the committee met on May 24th with Marty Nichols and Farhad Mansourian,
from the County of Marin, and also included Tom Donahue and Doug Fletcher,
along with the regular members from the Police Officers' Association, to hear
about the County's radio system. She stated members of the committee will
be attending another meeting on June 5th. Ms. Heller stated the City is
essentially following two tracks; we are continuing with our consultant, and
also waiting to see how everything comes out on the County level. She stated
that from what County Administrator Marty Nichols has said, if there is an
agreement by the end of June with the majority of players for the Countywide
system, then that would proceed, and then the City would need to sit down and
make our next decision. Therefore, referring to Item #2C on this report, Ms.
Heller felt it was a moot question, as the decision has been made. Mayor Boro
agreed, noting a workshop had been held with the Police Radio Committee, and
the Council did agree to go forward with the plan, and he suggested the date
of that meeting should probably be what is reflected on this report. However,
he stated this issue should remain as an open item, because of the fact there
are still some issues as far as the County is concerned.
Ms. Golt stated, as Councilmember Heller mentioned, the Countywide system is the
real issue now, and the City must decide if we are going to hook into that
system or not. She stated the Countywide Committee will be comprised of
representatives from various segments, such as Fire Chiefs, Police Chiefs,
Managers, and Special Districts, noting she is one of the two Managers on the
Countywide Committee, and reporting Chief Marcucci and Chief Krolak are on
the Committee as well, which may raise the issue of whether there are too many
people from San Rafael on the Committee. She noted this was something the
Managers' Group will address at their next meeting later this month.
Councilmember Phillips stated he assumed, with all the players we have included,
everyone is content that the City is at the right place at this time, and that
we are not behind or, perhaps, even ahead of where we should be? Ms. Golt
stated she believed this was the consensus, noting the feedback she has received
is that we are pretty much right where we should be, and we definitely are
not behind. She reported our consultant has not been able to do anything in
terms of developing
specifications, so we are not lagging on that count at all, noting it will be a
while before the consultant is even able to begin, if the City still wants
him to. She stated this probably works in our favor in regard to the Countywide
system, giving us a little more time for that to move forward. She stated
she believed we were in good shape, both from a local standpoint and a Countywide
standpoint.
Councilmember Phillips asked Ms. Heller if that was her sense too, and she stated
it was, noting that was what she meant when she stated the City was following
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two tracks. She stated the consultant was unable to begin, and the Committee
was aware
of that, noting the City should know if the County system is going to be a "go"
by the end of the month, which is when the consultant should be through with
the job he is working on. Ms. Heller stated everyone is talking, everyone
is at the table, and if anyone gets nervous about this issue, she stated she
would say, "Yes", we are going to buy this system, and it will be what everyone
has chosen. Regarding the Countywide system, Ms. Golt noted everyone she has
spoken with among the Managers and Chiefs of both safety operations is very
aware of San Rafael's need to move along with the different conditions that
we are dealing with, and the importance of the City, if at all possible, being
part of that system. She stated they want very much to do everything they
can to accommodate us.
Councilmember Cohen reported the target completion date for the redesign of the
Freitas Interchange has been pushed back, as they got started much later than
they had anticipated in January, due to the delays with the North San Rafael
Traffic Model. He noted the Freitas Interchange Advisory Committee had been
scheduled to meet on June 5th, but they did not have enough time to get the
staff work done that was necessary for a productive meeting; therefore, he
moved the date of the meeting back a month.
Councilmember Heller moved and Councilmember Phillips seconded, to accept the report.
AYES: COUNCIL ERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCIL ERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - TO CONSIDER A PROPOSED ORDINANCE ADDING CHAPTER 8.36 TO THE
SAN RAFAEL MUNICIPAL CODE, RESTRICTING THE DISPLAY OF MATERIAL HARMFUL TO MINORS
(CM)
- File 13-8 x 13-1
Mayor Boro opened the Public Hearing, noting this Ordinance was the final version
of a draft the Council looked at a couple of weeks ago, and asked Acting City
Manager Golt for a report.
Ms. Golt reported this was, in fact, the final version of the Ordinance being brought
before the Council as a Public Hearing matter. She stated there is no change
from the draft Ordinance that had been presented, and the sole purpose is to
prevent public display of material that would be harmful to minors. Ms. Golt
noted she has provided information in the staff report relating to how one
determines what is harmful to minors.
Mayor Boro explained to the public that the Council was referring to this as a "Blinder
Ordinance" because the intent is that if there is information in the display
boxes around town that is determined to be harmful to minors, a blinder will
be placed across the material, so that the name of the publication will be
visible, but not the graphic display that one currently might see. Mayor Boro
stated this is an issue that was found to be upheld constitutionally in a case
in the City of Santa Barbara, which we are following. City Attorney Ragghianti
stated there have been two recent cases, one referred to as the Berry case,
and one which was a Federal District Court Case in which Judge Real declared
the provisions of the California Penal Code Section, which defines harmful
matter, to be constitutional. Mr. Ragghianti stated these cases are very
helpful to us.
Councilmember Cohen stated most of the Council's discussion on this issue has focused
on the definition as Mayor Boro described, referring to newspaper racks on
the street. Mr. Cohen noted that in reading the Ordinance, it is broader than
that, and states, "No material harmful to minors shall be displayed in a public
place other than a public place from which minors are excluded." Mr. Cohen
asked if that includes stores, noting there is a particular store in San Rafael
that comes to mind, which has a display of magazines he feels falls under the
definition of this Ordinance. Mr. Cohen noted this particular store is not
a bar, and is not limited to people over the age of twenty-one, and asked if
the City would be able to use this Ordinance to suggest blinders be used, noting
there are some stores where the owners are already doing this voluntarily.
Acting City Manager Golt stated she believed we would be able to use this
Ordinance in that instance. City Attorney Ragghianti stated that if the
situation met the definition of this section of the
Penal Code, and it is not a place from which minors are excluded, the provisions
of the Penal Code section would be applicable if the material was capable of
being viewed from the street while someone was passing by. Mr. Cohen asked
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if it applied inside the store, and Mr. Ragghianti stated he thought if someone
had to go into the store, and search around for the material, the intent of
the Ordinance would not be proscribed by this Ordinance. Mr. Ragghianti
explained this Ordinance was intended
to shield from public view material displayed in newsracks and, he presumed, could
be extended to material that is inside the store window and capable of being viewed
as one passes down the street. He stated it is not intended to proscribe
material one has to search for inside of a store, and which is not capable
of being viewed by passing on the street. Mr. Ragghianti noted that when the
Berry case was sent back by the Appellate Court, it was sent down with
instructions to revisit whether the material was harmful to minors, so the
idea is to prohibit this type of material from involuntarily being viewed by
minors as they walk down the street, not to reduce everyone' s level of viewing
to the age of the minor, but to prevent the minor from involuntarily having
to see it.
There being no public comment, Mayor Boro closed the Public Hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 8.36
TO THE SAN RAFAEL MUNICIPAL CODE, RESTRICTING THE DISPLAY OF MATERIAL HARMFUL
TO MINORS"
Councilmember Heller moved and Councilmember Cohen seconded, to dispense with the
reading of the Ordinance in its entirety and refer to it by title only and
pass Charter Ordinance No. 1698 to print, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF: (PW)
- File 13-1-1 x 1-6-1
a. DISABLED ACCESS REQUIREMENTS AT 1118 FOURTH STREET (RAFAEL THEATER)
APN: 11-215-03; MARK CAVAGNERO ASSOCIATES, REPRESENTATIVES
b. UNIFORM BUILDING CODE SECTION 1011 AT 1118 FOURTH STREET (RAFAEL THEATER) APN:
11-215-03; MARK CAVAGNERO ASSOCIATES, REPRESENTATIVES
Public Works Director David Bernardi stated the Council was sitting as the Board
of Appeals to consider two actions; one is a request for relief from the Building
Code requirements, and the second for a variance on handicap access regulations.
Mr. Bernardi noted Karen Gibb of Mark Cavagnero & Associates, representing
the applicant, and Ann Brebner from the Northern California Film Institute,
were in attendance to answer questions. He stated the staff report includes
a letter from the City's handicap consultant, Kim Blackseth, commenting on
the various requests, and noted the City had received a letter from the Marin
Center for Independent Living, stating he feels they generally concur with
the recommendations of staff, including those recommendations for the
concession area.
Mr. Bernardi stated there were five items the Council was being asked to consider
as the Board of Appeals. Referring to Items #2 and #5, which are the Building
Code issues, Mr. Bernardi explained that Item #2 addressed the large, curving
stairway leading to the second floor, reporting the stairway does not have
an intermediate landing, which it is supposed to have, and the railing does
not extend out far enough from the bottom of the stairway to meet the Code
requirements. Mr. Bernardi stated that if these two items were to be changed
and brought to code, it would change the circulation of the building, and would
not be appropriate for the type of architecture and the historical significance
of that particular area. He stated it should be noted that an elevator providing
access to all the other levels is being installed, and staff feels this meets
the intent of the building code. Mr. Bernardi referred to Item #5, which
concerns the exits from the film center, reporting that currently there is
an easement which has been provided in the alley, adjacent to the building,
between the Herzog property and the theater building. Mr. Bernardi explained
the Herzog building has windows and openings, and the Code states there cannot
be any openings where there is an exit corridor. Mr. Bernardi stated the windows
would have to be removed and the openings sealed in order to comply with current
Code; however, since the City does not have control over that building, it
would be difficult to do this. Mr. Bernardi stated staff recommends installing
sprinklers on the theater side of the building to protect the occupants as
they are escaping from the building, should they have to do so, noting staff
believes this meets the intent of the Code.
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Mr. Bernardi stated Items #1, #3, and #4 deal with access. He explained Item #1
addresses the steepness of the floor in the entry lobby, noting the floor is
not as flat as it should be, and is approximately two and a half inches higher
than it should be in the back. However, he reported they have spent a lot
of time with the
Architect concerning this issue, and staff believes the flooring meets the intent
of the Code, and staff is requesting Council grant the exception, noting the
City's Consultant concurs. Referring to Item #3, Mr. Bernardi explained this
item addresses the stages in two of the three theaters. Mr. Bernardi reported
the stages will be approximately six to nine inches high, and noted that,
technically, there should be a railing around the stages. Mr. Bernardi stated
they believe the railings would be more of a hinderance than a help, and suggest
having depressed areas, such as on the City' s sidewalks, that would allow access
to the stages. Again, Mr. Bernardi stated staff believes this would meet the
intent of the Code. Referring to the concession area, Mr. Bernardi explained
the area is very small, and would not allow a person in a wheelchair to work
behind the counter. He reported the height of the counter would be lowered
in order to serve disabled patrons, but noted it will be very difficult to
make the back of the counter accessible. He stated they are working with Ann
Brebner to reach a reasonable solution, noting the Marin Center for Independent
Living and the City's consultant have suggested there might be some additional
work that could be done in order to make the back of the counter accessible
as well, and staff is still working on this; however, this may be one more
item for which the Council will need to grant an exception.
Mayor Boro noted staff' s recommendation on the last item was to make a finding after
hearing from members of the public, and asked if staff was going to hold off
on Item #4 until a future date? Mr. Bernardi stated they would hold off on
this item, as they feel they may still be able to work something out, noting
staff would be able to bring a recommendation to the Council soon enough that
it would not hinder their process if they want to begin construction. He stated
the City will not refuse to issue the building permit just because this one
issue would have to come before the Council on appeal.
Mayor Boro declared the Public Hearing opened, and asked for comments from the public.
There being no public comment, Mayor Boro closed the Public Hearing.
Councilmember Cohen stated he felt Mr. Bernardi's recommendation was reasonable,
and stated that, based on the material being presented, the Council should
hold off on making a recommendation on Item #4. He stated Mr. Bernardi's
description of how staff intends to approach this issue is acceptable, noting
he does not advocate holding up the issuance of necessary permits while this
issue is resolved, but he would like to see other ways of addressing this issue
of concern be explored.
Councilmember Cohen moved and Councilmember Heller seconded, to grant the appeal,
and direct staff to prepare a Resolution with findings and present it to the
Council at the next City Council meeting, with the exception of Item #4 of
the staff report.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Boro asked Mr. Bernardi to keep the Council informed regarding the resolution
of Item #4.
OLD BUSINESS:
13. DISCUSSION RE: ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A THREE-STORY 76,000
SQUARE FOOT OFFICE/RETAIL BUILDING; 1101 FIFTH AVENUE; AP #11-214-10; THOMAS
MONAHAN AND JONATHAN PARKER, OWNERS AND REPRESENTATIVES (FORMER GARDEN COURT
BUILDING) (P1) - File 10-7
Mayor Boro noted this item was being brought before the Council strictly as an
informational item, and no action would be taken.
Planning Director Robert Pendoley reported that on April 17, 1996, a series of
re -zonings for the entire Downtown, as well as General Plan Amendments, went
into effect, for the purpose of implementing the Vision of Downtown San Rafael.
He reported that on April 23rd, the Planning Commission approved the first
project under the new rules and regulations, and stated he felt it was important
to note that the new project is approximately 15% larger than would have been
allowed under the old rules, as well as a couple of feet taller, noting a very
urban building has been achieved, which can go a long way toward bringing out
the goals the Council and community have sought in the Vision for Downtown
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SRCC MINUTES (Regular) 6/3/96 Page 8
San Rafael.
Mr. Pendoley reported this project is the site of the current Garden Court Building
on the south side of Fifth Avenue, between "A" and "B" Streets, noting the
current building is approximately 60,000 square feet. He stated the proposal
is to demolish
the current building, and build a structure that will be almost 77,000 square feet,
noting most of the ground floor of the new building, approximately 6, 000 square
feet, would be retail space, and the rest of the space, over 70,000 square
feet, would be office space. Mr. Pendoley felt these facts, in themselves,
went a long way toward achieving the Vision, noting the overall objectives
were to improve and enhance the vitality of Downtown, with emphasis on retail
wherever possible. Mr. Pendoley stated this project will add to the employment
base Downtown, and give us retail where we do not have it right now.
Mr. Pendoley stated the proposed structure is a very handsome building, noting its
architecture attempts to reflect and capture the architectural heritage that
is around it, and is reminiscent of the Albert Building, as well as some of
the other buildings in the neighborhood, which date to just before and after
the turn of the century and into the 1920's. Mr. Pendoley stated one of the
fine contributions this project will make to Downtown is that it includes
underground parking, something that has not really been achieved in a
significant way since the Courthouse Square building was constructed. Mr.
Pendoley reported this project will add 189 parking spaces to Downtown,
significantly more than required by the Zoning Ordinance.
Mr. Pendoley reported that during the time this project was being reviewed, there
were a series of issues that were of concern, and almost all of them related
to the Mission, having to do with the massing of the building, with its proximity
to the sidewalk, and with how it would either block or frame the views of the
Mission. Mr. Pendoley stated these issues were studied a couple of different
ways, and the approach that was most successful was a Computer Assisted Design
analysis, which actually presented a very accurate picture of what the building
would look like as viewed up "A" Street, and how it would affect the view of
the Mission. Mr. Pendoley reported the study showed that with this building
designed as proposed, right behind the sidewalk, it had no substantial impact
on the view of the Mission. He stated staff asked if they could improve things
by pushing the building back by fifteen feet, and the Design Review Board members
agreed that placing it fifteen feet further back would have no benefits to
the view of the Mission.
Mr. Pendoley reported another concern was the issue of massing, and whether the
structure was just too big in relation to the Mission. He stated the CAD design
(Computer Assisted Design) showed the building was not too big in relation
to the Mission, noting the Mission does not look dwarfed in any way, and still
looks as big and has the same imposing presence at the end of "A" Street that
makes it the special site that it is.
Mr. Pendoley stated a more difficult concern is the interpretation issue in regard
to the Vision. He explained the Vision speaks of having an open area at Fifth
Avenue and "A" Street, noting most of those who read that description in the
Vision had a different opinion as to what that might actually mean. Mr. Pendoley
stated that while this question was being debated in the context of the Design
Review Permit for the building, the Planning Commission was in the final stages
of amending the Zoning Ordinance to try to capture the Vision, so they had
a case study in which to debate it. Mr. Pendoley reported the final language
that was included in the General Plan, which captured the Zoning Ordinance
as well, stated the object was to keep the north side of Fifth Avenue open,
as it is today, and avoid changes on the north side of the street, which might
block or otherwise damage the view of the Mission.
Mr. Pendoley reported that after the analysis was completed, the Planning Commission
debated the merits of this project, and the Commission concluded by unanimously
recommending approval. He stated the Planning Commission did ask that this
item be brought back to the Council on the Consent Calendar, as there are still
eighteen outstanding issues, noting the details are always difficult,
particularly on a big project like this, and stating that it is now the details
that will either make or break this project, and determine whether it is a
success. Mr. Pendoley reported some of the details have already been brought
back to the Design Review Board, and most of them received positive endorsement
the first time around; however, he reported they do expect to be doing more
work with the Design Review Board on this project.
Mr. Pendoley stated that while the Design Review Board was split on this project,
SRCC MINUTES (Regular) 6/3/96 Page 8
SRCC MINUTES (Regular) 6/3/96 Page 9
he and his staff, from their point of view, feel very good about this project.
He noted the staff report stated, "This project was urban in its form, design
and function, and will help preserve Downtown's unique urban characteristics
and
densities, and it will encourage diversity in architecture and design, if this is
an appropriately sized and styled building for Downtown." Mr. Pendoley stated
if he could point to one building to capture the feel this building is going
to give us, it would be the Albert Building, the building most of us feel is
one of Downtown's gems.
Thomas Monahan and Jonathan Parker, owners and representatives, addressed the
Council. Mr. Monahan reported they had arrived at some improvements on the
project through the Design Review process, noting this process can be tedious
when one is going through it, but good things come from it. He stated one
of the things that came out of the many meetings was the importance of creating
retail space along "B" Street, and a similar series of awnings and retail spaces
on "A" Street. Referring to the artist's rendering, he noted that as someone
stands on Fourth Street and looks up either the "A" or "B" Street corridor,
the awnings and retail spaces can be seen, and will tend to pull retail customers
and pedestrians up those streets, which he feels will enliven the street
activity, making this a good addition to the project. He stated they had also
attempted to maintain the proportions of the building consistent with the Albert
Building and the WestAmeriaca Bank Building. Mr. Monahan pointed out the towers
on each end of the building, stating they make a nice statement on each corner,
and noting they will also create a separate entrance for each of the two larger
tenants in the building.
Mr. Monahan pointed out the rear side of the property on Julia Street, noting they
have kept all of the traffic going in and out of the parking garage on the
Julia Street alley, and have kept most of the traffic generated for the building
back in the alley.
Mr. Monahan stated they are very excited about the Northern California Film Institute
project, noting they have worked very carefully to integrate the improvements
to be made on Julia Street with the program of the Film Institute, and also
with the ambitious plans the City has to upgrade the whole feeling of Julia
Street. Mr. Monahan stated they have created a visitor parking deck on the
rear portion of the property, so visitors can come up on the parking deck,
park for short term parking, and exit, noting it will be very convenient for
deliveries and short term visitors to the building. He stated there is an
opportunity to utilize the Rafael Theater's underground parking during off
hours, once an agreement has been worked out.
Mr. Parker stated they have just begun the marketing plan, and will be preparing
press releases, noting they are going to attempt to pre -lease a portion of
the building prior to construction and, hopefully, by the end of the summer
they will be ready to go forward.
Councilmember Phillips stated he thought having retail was great, and asked if there
was any idea what type of retail the City might be able to attract? Mr. Monahan
stated he had never found it productive to try to control the types of businesses
that want to occupy a building, acknowledging some developers do maintain very
tight control over that aspect. Mr. Monahan stated there are a variety of
not only retail stores, but also service businesses that want to be located
on the ground floor, such as travel agents and various types of services.
He noted these are relatively small spaces, approximately 1,000 to 1,500 square
feet each, and we will just have to wait and see who comes along. He stated
he was sure it would be an interesting mix of tenants that will create a lot
of pedestrian activity on both "A" and "B" Streets.
Councilmember Heller asked, if they begin to demolish the building at the end of
the summer, how long would it be before the building would be completed? Mr.
Parker stated the construction period would be approximately one year, making
Fall of 1997 a reasonable target date.
Councilmember Cohen referred to the issue of parking, noting the Planning Commission
minutes had mentioned parking in front of the retail spaces on "A" Street,
and asking if that is one of the eighteen issues still to be resolved? Mr.
Parker stated he does not know if this issue has been resolved. He noted the
existing building has two curb -cuts, and with the parking lot being on the
"A" Street side, those cuts would be removed, as the building goes all the
way out to the street; therefore, the opportunity for five or six parallel
parking spaces would be created on "A" Street. Mr. Parker reported one of
SRCC MINUTES (Regular) 6/3/96 Page 9
SRCC MINUTES (Regular) 6/3/96 Page 10
the Planning Commissioners had suggested, instead, that they create an extra
wide sidewalk, with some type of special treatment, and not allow parallel
parking along that side of the building. Mr. Parker stated that from their
standpoint, and that of the future tenants of the building, it probably would
be preferable to have the parallel parking spaces, noting a wide sidewalk could
eliminate parking there, but would not eliminate the
cars, as it is a two-way street. Mr. Parker stated he did not know if this had
been resolved or not. Mr. Pendoley stated the way this condition had been
written was that the developer was to work with staff to propose some type of sidewalk
design that would either allow, or not allow, parking. Mr. Pendoley noted
if they choose not to allow parking and closed the street, such as we do for
the Italian Street Painting Festival, then a plaza effect would be created.
Mr. Pendoley stated the difficulty there is that normally in a plaza area
there is a very gently rolled curb, and the change is so slight that pedestrians
feel very comfortable walking over it, so when the traffic is blocked off and
the cars are not there, it can be used as a plaza. However, he stated this
was tough to do on a hillside, because drainage is more important and you really
do need the curb. Mr. Pendoley stated they will be looking to see if there
are any models that might work.
Councilmember Cohen stated it was his recollection that there was a link between
the existing building's parking requirements and a parcel down on "B" Street,
and asked if that requirement goes away with the construction of this new parking
garage? Mr. Parker stated the parcel on "B" Street would be freed up as a
result of this project.
Mayor Boro asked if he was correct in understanding that the way the parking will
be accessed from Julia Street will allow "A" Street to be closed down, as it
will be this weekend for the Italian Street Painting Festival, without any
problems to the building, and that if the City chooses to close "A" Street
down periodically, it will not impede the access to the building? Mr. Parker
stated the access to the parking garage will be on Julia Street, and it would
function the same way it does now when the existing parking lot is closed for
the Italian Street Painting Festival. He stated it will actually be much less
of an intrusion with the new design than with the existing design. Mayor Boro
stated he wanted to make sure someone would not have to come up "A" Street
and make a turn onto Julia to get to the parking, and Mr. Parker pointed out
that the driver would come up "B" Street and turn onto Julia Street; however,
Mr. Parker stated if "A" Street were closed, he was not sure how cars would
get out of the garage, unless they could temporarily move out onto "B" Street.
Mr. Pendoley stated that in such an instance, traffic on "B" Street would
be rerouted, making "B" a two-way street for a short portion of the street.
Mayor Boro thanked Mr. Monahan and Mr. Parker for their presentation, stating the
project looks great, and wishing them much success.
14. RESOLUTION AUTHORIZING THE SIGNING OF A HAZARDOUS AND SOLID WASTE JOINT POWERS
AGREEMENT (CM) - File 4-13-96 x 13-2 x 115 x 4-3-32
Acting City Manager Golt reported the City has been a member of the Solid Waste
Hazardous Material JPA, which includes all of the cities and towns, sanitary
districts, and the County of Marin, since 1993. She stated they have found
that the format was just not working satisfactorily, noting the Board was very
large and cumbersome, and there were different levels of need within the member
agencies. She stated it was decided the JPA would be reconfigured, and the
members limited to the cities and towns in the County, as those are the
responsible agencies in terms of adhering to AB 939, which sets forth goals
and requirements we all have to meet at certain points in time, relating to
solid waste and hazardous material disposal. Ms. Golt stated they have spent
several months of reconfiguring, and the report before Council reflects the
new, reconfigured JPA, which she describes as a "bare bones" JPA, noting it
limits itself in terms of its activity to AB 939 only related projects, and
the work involved relates to monitoring, reporting and administering, rather
than operating programs.
Ms. Golt stated the one final remaining issue was to develop a budget that was
reflective of this new pared down JPA, and noted the Finance Director, Fire
Chief, and Deputy Fire Marshal have been involved in reviewing the new JPA,
making sure the conditions the City wants are included. She stated San Rafael
would want acknowledgment that we do, in fact, run our own Household Hazardous
Waste Program, noting several other agencies are in the process of contracting
with us, so that we operate their programs, as well. Ms. Golt stated the City
also operates its own CUPA (Certified Unified Program Agency) program, and
SRCC MINUTES (Regular) 6/3/96 Page 10
SRCC MINUTES (Regular) 6/3/96 Page 11
the City wanted it documented in this Agreement that these are separate programs.
Ms. Golt stated Section 6.1 of the JPA Agreement provides a good thumbnail picture
of exactly what services are involved, and noted the bottom line is that she
and Councilmember Heller are comfortable that this is a JPA that is much more
focused on the needs of the cities and towns, and seems to be a very efficient
way to approach the issue. Ms. Golt reported staff has been working in terms
of the budget revisions, and they are comfortable the revised budget reflects
the new, pared down JPA, and that the prices being brought forward are
reasonable.
Ms. Golt stated staff is recommending the City become a member of the new JPA, noting
that would take effect July 1st, and the City would remain a member of the
current JPA through June 30th, when that JPA disbands.
Councilmember Heller pointed out the proposed new JPA budget is approximately
$1 million less than what the ratepayers were being asked to pay for hazardous and
solid waste, in order to meet the requirements of SB 939. Ms. Heller stated
she is quite pleased, and feels the City is doing a very good service to the
members of our community by breaking up the JPA and starting over, stating
it will cost a lot less money for everyone.
Mayor Boro thanked Councilmember Heller and Assistant City Manager Golt for the
many hours they have spent on this project. He asked them to describe the
difference in composition of the Governing Board for the new JPA as compared
to the old JPA. Ms. Golt stated the old JPA Board had been comprised of
twenty-six elected officials, while the Board that is being proposed for the
new JPA will be significantly smaller in size, and the members do not necessarily
have to be elected officials. Mayor Boro recalled there used to be a two-tiered
Board, the twenty-six member Governing Board, plus an Executive Committee
comprised of staff members. He asked if the new Board will be made up strictly
of representatives from the cities and counties, with either elected officials
or City Managers or their assistants representing the cities? Ms. Heller stated
that was correct, noting that in the past, the JPA had essentially been a
three -tiered management system, with all elected officials from the cities,
the sanitary districts, plus the County; however, the City Managers were acting
as the Operating Committee, and there was also a Technical Committee. Ms.
Heller stated it was very involved, and often the groups could not get together.
She stated the City Managers were relegated to the position of talking to
the elected officials, trying to give them the benefit of their knowledge;
however, the levels of knowledge and interest, as well as many other factors
within the Board, made it almost impossible to reach a decision, and in addition,
it had never been put in writing how many votes it would take. Ms. Golt agreed
the structure of the old JPA Board had been a problem, pointing out the new
JPA Agreement is much more specific, noting the Agreement specifies the cities
of San Rafael and Novato, along with the County, must be represented on the
Executive Committee.
Mayor Boro asked if there is still a provision in the Agreement which states that
any agency can withdraw from the JPA as long as they give sufficient notice,
and Ms. Golt stated there was. He noted we will not be funding services that
our rate- payers are not interested in or do not need, and asked if it was
correct that if other cities are behind in certain areas or categories where
we are not, then those particular agencies will participate in the few common
undertakings, but anything necessary to make their jurisdictions more in
compliance with AB 939 will be undertaken only by those jurisdictions? Ms.
Golt stated those were key conditions of the new JPA, noting it had been a
problem under the old JPA. She reported the old JPA was to have had what was
referred to as a "cafeteria plan", because of the differing needs, but noted
this plan never really got off the ground, and we were concerned that our
ratepayers might be stuck with something that we did not need. Ms. Golt
explained the new JPA avoids that altogether, and is very clearly defined in
terms of what this will do, noting that if a member agency wants or needs any
other programs that may have some relationship to AB 939, such as education
or household hazardous waste days, then they contract separately from this
JPA Agreement, so that it really does establish a "cafeteria style" approach.
Councilmember Heller stated the whole thrust of AB 939 was to continue to force
all of the cities and counties to reduce their waste, and she felt being in
a JPA would keep everyone marching together toward the goal of cutting waste
50% by the year 2000. She stated everyone is already doing very well, having
reached 25% in the year 1995, but by staying in a JPA, it means we will continue
to cut our waste. She noted the State of California can tax the cities up
SRCC MINUTES (Regular) 6/3/96 Page 11
SRCC MINUTES (Regular) 6/3/96 Page 12
to $10,000 per day if the requirements are not met; therefore, this is something
we must take very seriously in the future.
Councilmember Cohen referred to the organization of the authority of the JPA, noting
it was comprised of cities, towns and counties, and asked if this meant the
Board would be made up of twelve members? Ms. Golt responded that was correct.
Mr. Cohen asked if this also meant one member, one vote, with no proportional
considerations other than the fact that there is an Executive Committee? Ms.
Golt stated that was correct. Mr. Cohen noted the funding is by the number
of ratepayers, so the City will have to look to our ability to pull out if
we feel the ratepayers in this area are given a disservice by the JPA.
Councilmember Cohen stated he understands there is a five member Executive Committee,
and of those five members there is the Chair, Vice -Chair, and three other
members, and that one each must come from the County of Marin, the City of Novato,
the City of San Rafael, the towns of Southern Marin, and the towns and cities
of Ross Valley. He stated there seemed to be no prohibition against both the
Chair and Vice -Chair being elected from the towns and cities of Southern Marin
or Ross Valley, noting they could end up in a situation where they are not
consistent with the by-laws. He suggested Ms. Golt might want to point this
out to the members of the Board.
Referring to the role of the districts, Councilmember Cohen stated he understands
from the report that the special districts have no legal obligation under AB
939, and Ms. Golt stated that was correct, but noted they will still have some
involvement, because they will be on the AB 939 Task Force, and will continue
their involvement with the County of Marin. Mr. Cohen asked Ms. Heller and
Ms. Golt to define the relationship between the AB 939 Task Force and the JPA.
Ms. Heller responded that it is a State mandate that a Task Force be included
in the special districts, and they must meet at least once a year.
Councilmember Phillips noted Ms. Heller had stated the result of this JPA would
be a reduction in cost of $1 million, and asked how this would relate to the
ratepayer, and what becomes of that savings? Councilmember Heller reported
the ratepayer is charged less. Mayor Boro added the savings is to be passed
on to the ratepayer, and that is why the City was concerned about raising money
for programs we were getting no benefit from. Councilmember Cohen noted the
previously proposed JPA had many programs that did not speak to the needs of
the ratepayers of San Rafael, and had a projected cost of approximately $1.2
million. He stated the $1 million savings comes from this JPA having a budget
of $200,000 as opposed to $1.2 million, noting we have avoided a $1 million
increase in cost that would have had to be spread out to all of the City's
ratepayers.
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution
authorizing the Mayor to execute a Hazardous and Solid Waste Joint Powers
Authority Agreement.
RESOLUTION 9614 - RESOLUTION AUTHORIZING THE SIGNING OF A HAZARDOUS AND SOLID
WASTE JOINT POWERS AUTHORITY AGREEMENT.
AYES: COUNCIL ERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCIL ERS: None
15. UPDATE ON PICKLEWEED/BELLAM PARKS/CORPORATION YARD PLANNING PROCESS (Rec)
- File 12-4 x 9-3-66 x 9-3-40
Public Works Director Bernardi reported that on March 18th the Council received
a report from staff regarding the first community meeting, which was held at
Pickleweed Park. He stated the neighborhood expressed unanimous opposition
to relocating the City's Corporation Yard to a site near the Bellam Boulevard
property, and which might incorporate a portion of the current park site.
He noted that at that time staff was directed to investigate alternative sites
for the Corporation Yard, noting he estimated this would take approximately
sixty days. Mr. Bernardi stated they also asked that the Park Planning Process
be put on hold until a new site could be determined.
Mr. Bernardi stated that during the course of their investigation it was determined
that it was going to take a lot longer to analyze and find a site for the
relocation of the Corporation Yard, if it was not going to be at this proposed
location. Therefore, he was asking Council to release the Planning Process
SRCC MINUTES (Regular) 6/3/96 Page 12
SRCC MINUTES (Regular) 6/3/96 Page 13
to go back to its original mode of planning, for Pickleweed in particular,
noting work needs to be done before this Fall. He stated that if the Council
were to concur, Recreation Director Sharon McNamee has a proposal whereby
community meetings would be held on Tuesday, June 18th and Tuesday, July 16th,
at the Pickleweed Park Community Center, in order to begin the Park Planning
Process and to reach some decisions, regarding not only Pickleweed Park, but
the Bellam site as well.
Mr. Bernardi noted that should the search for a Corporation Yard site fail, then
the Council may, at its discretion, re-elect to look at the Bellam location
to relocate the Corporation Yard, if they feel that is something they might
want to do. Mr. Bernardi stated staff felt confident about a site they have
in mind that would be able to accommodate the needs of the School District
as well as the City, without affecting the Bellam/Pickleweed Park Planning;
therefore, he would recommend Council authorize the Planning Process to proceed.
Mayor Boro clarified that staff has conducted a search for an alternative site,
they have a site or two in mind, and Ms. McNamee is interested in starting
the process because of issues with respect to timing on Pickleweed, but she
wants to start the process in a way that she assumes both sites will be used
as a park, so that if she plans for Pickleweed, she can plan appropriately
for Bellam as well. Mr. Bernardi stated that was correct.
Councilmember Heller stated perhaps the Council needs to reassure the Montecito
Neighborhood Association that they are moving forward with the removal of the
School District's Corporation Yard, noting that when she attended their annual
meeting a couple of weeks ago, this issue was brought up, and she reported
they have a great fear that the Corporation Yard will remain there; therefore,
she felt we should reassure them that we are working on this. Mr. Bernardi
stated that in their discussions with the neighbors, staff has also indicated
the City is working diligently with the School District to relocate their
facility to a new place.
Councilmember Phillips noted Ms. McNamee's report stated notices would be sent to
all residents, and asked which residents the notices would be sent to? Mr.
Bernardi stated notices would be sent to residents who live south of the San
Rafael Canal and east of Highway 101, noting basically the entire Canal area
would be notified.
Ralph Crocker, member of the Friends of Spinnaker Point and Friends of Windward
Way Park, addressed the Council, stating both groups are very supportive of
the intent of the Recreation and Public Works Departments to continue the process
of investigating workshops to discuss the facilities that may be placed on
both of those parks. Mr. Crocker noted the implication in Ms. McNamee Is letter
indicates the intent of her department is that the full 6.4 acres of the site
would be dedicated for park use. Mr. Crocker stated the issue of the Corporation
Yard is apparently still up in the air, noting he is hopeful the process will
continue to a successful conclusion, and the Corporation Yard will be located
somewhere else in San Rafael, and not on Windward Way.
Mr. Crocker stated he felt the Council understood the feelings of the residents,
and how strongly they are opposed to the placement of a Corporation Yard in
their neighborhood.
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the report,
and accept staff's recommendations and move forward with the Planning Process
as outlined.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. DISCUSSION AND APPROVAL OF PROCESS TO SELECT THE NEW COUNCILMEMBER (CC)
- File 9-1 x 9-4.1
City Clerk Leoncini reported she had contacted Anne Lazer of the League of Women
Voters, who has agreed to facilitate the Council's first meeting to interview
candidates for the City Council vacancy. Ms. Leoncini then read the three
questions that would be asked of each applicant; "How would the Council be
a better Council with you on it?", "What have you done to prepare yourself
for taking over this role?", and "Please give us more detail on what your vision
is for the City of San Rafael", noting the Council could review these questions
and decide if they wanted to use them or make suggestions for other questions.
SRCC MINUTES (Regular) 6/3/96 Page 13
SRCC MINUTES (Regular) 6/3/96 Page 14
Mayor Boro stated the first interviews will be conducted during a meeting on June
10th, and Ms. Leoncini will give each applicant a list of the questions to
be asked during the interviews at the time that they submit their applications;
therefore, he asked the Councilmembers to review these questions and notify
Ms. Leoncini of any changes by next Wednesday morning. Mayor Boro recalled
that during the previous appointment to fill a City Council vacancy there were
a series of questions that had been developed for the second round of interviews,
and suggested the Council review and refine those questions during the next
week.
Councilmember Cohen stated he felt the process worked well last time. He noted
one of the things that increases his comfort level, in terms of approaching
this as an appointment rather than election, is that the Council does this
in a very public manner, recalling that during the last appointment the
Councilmembers sat in the audience and the League of Women Voters conducted
the interviews, allowing each applicant six minutes to respond to the questions
that had been presented to them. Mr. Cohen felt the City had a good model
for this process, one that has worked very well in the past, and stated that
if the Council can adhere to that process, that is what they should do.
Councilmember Phillips asked how many people have already applied for this position,
and City Clerk Leoncini reported ten people have taken out applications, and
three of them have already been returned.
Defining the process, Mayor Boro stated the League of Women Voters would run the
question and answer period, the Councilmembers would sit in the audience, and
would then each independently select three candidates they would like to have
come back for the second round of interviews, which means they could have as
many as twelve, or as few as three candidates, based on how the Councilmembers
voted.
Referring to the questions to be asked during the first interview session,
Councilmember Cohen stated the three original questions were fine, noting they
are general enough, and point the candidates in the direction to discuss what
the Council needs to hear from them. He stated if anyone wanted to change
the questions, the Council should decide now, and make those changes before
the end of this meeting, because this is the only time they will be able to
meet as a group to discuss the questions prior to the first round of interviews
on June 10th. Councilmember Heller stated she was comfortable with this set
of questions. Councilmember Phillips referred to the third questions, "Please
give us more detail on what your vision is for the City of San Rafael", and
noted the phrase "more detail" implies or presumes the candidate has already
discussed this in some detail at some point in time. Mr. Phillips suggested
changing that portion of the question to read, "Please describe your vision
for the City of San Rafael". City Clerk Leoncini noted one of the questions
on the application form refers to the Vision, and that is why the interview
question asks for "more detail". Mayor Boro asked Ms. Leoncini to verify this,
noting that if there is a question on the application that refers to the Vision,
then the question for the interview is appropriate as it is.
Councilmember Cohen asked for verification that the Council must make a decision
by June 24th, and City Clerk Leoncini confirmed June 24th is the last day to
make the decision, which is sixty days from the date of former Councilmember
Zappetini's resignation. Mr. Cohen noted the time constraints and asked,
if the Council still had not made a decision after the second round of interviews
on June 20th, would it be possible to have one more meeting on June 24th, if
necessary? City Clerk Leoncini stated that was correct.
Mayor Boro suggested the Councilmembers review the list of questions for the second
round of interviews, and submit suggestions and revisions to him, City Clerk
Leoncini, or Acting City Manager Golt, so the questions can be finalized and
presented for approval at the City Council meeting on June 17th. Mayor Boro
noted the questions will be made available to the candidates prior to the
interview date. Councilmember Cohen suggested the Councilmembers should make
an effort to try to
resolve the issue of the questions over the next week, noting if the questions could
be finalized by June 10th, then those applicants making it to the next round
would have a week and a half to review the questions prior to the second round
of interviews. Mayor Boro pointed out the Council will not be limited only
to the list of questions being developed, and will be able to ask the candidates
any question during the second interview.
Mayor Boro stated the Council will follow basically the same format and the same
voting approach. He asked the Councilmembers to review the list of questions
for the second round of interviews, and submit any revisions to the City Clerk' s
SRCC MINUTES (Regular) 6/3/96 Page 14
SRCC MINUTES (Regular) 6/3/96 Page 15
office by 2:00 PM on Thursday. City Clerk Leoncini will send the Councilmembers
the updated list of questions on Friday.
Councilmember Cohen moved and Councilmember Phillips seconded, to accept the report.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NEW BUSINESS
17. REPORT RE: CITY MIDAS CONNECTION (Lib/CM) - File 4-13-97
Acting City Manager Golt stated she and Library Director Vaughn Stratford have been
part of the Marin Information Technology Committee (MITC) for a number of months,
and prior to that they were active in MCPAS (Marin Public Access System) , noting
MCPAS was a segment of the MIDAS Project, which is a Marin Countywide technology
program. Ms. Golt stated the report gives staff's recommendations on their
belief that it is advantageous for the City to hook up with the MIDAS Project,
noting there is funding in the current year's budget that was included for
the MCPAS Project, so the money is available. Ms. Golt stated this would give
the City a presence on the InterNet and offer E -Mail.
Ms. Golt stated the report gives recommendations on phasing -in the project in an
orderly fashion, and becoming active in MIDAS only to the extent that we can
provide services and respond, noting we do not want to set up any false
expectations on the part of the public. Ms. Golt stated she credits Library
Director Vaughn Stratford with virtually the exclusive development of this
report, and asked him to provide some of the details.
Library Director Stratford referred to the section of the report addressing MIDAS
Services, stating the two goals they are trying to achieve in connecting to
MIDAS are improving our ability to communicate with the public, and opening
accessed information for City staff. Mr. Stratford pointed out that E-mail
is something we have already been working on, and he feels it is essential
that staff have E-mail. He stated that to connect through E-mail to those
outside of the City, we will need InterNet addresses, and this project would
provide that. Mr. Stratford stated that putting our Home Page on MIDAS provides
visibility and linkage, as MIDAS is one of the highly regarded civic networks
in place on the InterNet, and what we would have is a connection with a fairly
well developed network. He stated the County has done tremendous things with
the InterNet, providing government information to the public, noting the MIDAS
Home Page has not only government services, but also non-profit and commercial
services as well, creating a kind of one stop, on-line network for members
of the Marin community to find services that they need.
Addressing access to the InterNet for City Council and staff, he referred to the
California Legislation System, which tracks legislation, noting we access that
now via the InterNet, through the City Manager's office with a commercial
account. Mr. Stratford reported the Association of Bay Area Governments (ABAG)
and the Census Bureau are online, noting those who attended the MITC workshop
saw a very impressive demonstration of the type of information that can be
obtained from the Census Bureau.
Mr. Stratford stated he is an InterNet user, and he subscribes to "Listserv" , which
is a form of information equivalent to a kind of "hands-on" professional journal,
with colleagues throughout the nation discussing issues of importance to you,
and he felt this would be a valuable service for City staff, noting it has
proven to be very helpful to him. Mr. Stratford reported the Library will
be providing InterNet access on its catalog, so someone can look up a resource
in the San Rafael Library and have the ability to connect out to resources
in the community with related information.
Mr. Stratford reported the MIDAS connection, on-going cost is approximately $190.00
per month, noting network management and the InterNet access aspect of that
is only $65.00 per month. He stated that for the first fifteen months of
connection, $125. 00 for our line charge, which is 56 kb service, would be covered
by a Pac Bell Cal REN grant.
Mr. Stratford stated this proposal has been discussed with BRC, and it is compatible
with their preliminary networking design, and the preliminary E-mail thoughts
that they have about the network. He reported this is basically a very flexible,
independent module that will work with BRC, or any other data processing option
the City may decide on in the future.
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SRCC MINUTES (Regular) 6/3/96 Page 16
Councilmember Cohen stated he had attended a conference, noting there had been a
lot of talk about how to take appropriate steps toward implementing some of
the new technology. He stated it is a mistake to run out and just grab everything
because it is there, stating we must look at what is useful, what is appropriate,
and what fits in with the services we are able to offer at a given time. Mr.
Cohen noted the City is doing a lot with some of the items that drew the most
attention at the conference, particularly the GIS Mapping Data, noting that
at the conference they had, in fact, used City of San Rafael Data for much
of the display.
Mr. Cohen recalled that he has commented in the past about the MCPAS system, and
some of the problems with that system. He agreed with Mr. Stratford in that
we must follow a phased and orderly process in terms of what information the
City puts out, when we are ready to do a Home Page on the WEB, what we want
to put there, and what expectations we want to create, and noted this gives
us the opportunity to start without forcing us to jump into that full speed.
Mr. Cohen stated, as a Councilmember, he likes the idea of InterNet access
and E-mail, noting he has a service provider, but unless he were to go out
and create his own Home Page and create links to everyone else, it really does
not do much good, noting it is like having an unlisted phone number and wondering
why you do not get any phone calls. He stated having an E-mail address is
just another opportunity for access, which is important.
Mr. Cohen stated the Cal REN grant is available, and the City has the opportunity
to take advantage of it, noting that although the City must spend some money
in order to take advantage of it, there is almost $3,000 in value from the
grant, with $1,000 for the installation from Pacific Bell, and $1,875 for line
charges during the first fifteen months. Mr. Cohen stated he felt this would
be a good step for the City to take.
Councilmember Heller stated she also supports going with the MIDAS system, and noted
that in each of the fact finding groups, this was the number one item that
each group favored, stating they felt each city and entity needed to be on
the MIDAS system. Ms. Heller stated the seminar she attended had been very
beneficial, but noted there will be some policy questions that will be coming
forward, that we, as a City, will need to be prepared for, or they will smack
us right in the face. She stated she believes staff must work through these
policy questions, and begin to bring them back to Council.
Councilmember Phillips asked if staff was aware of the types of policy issues Ms.
Heller was referring to, and she stated that they were. Acting City Manager
Golt noted one of the major issues the City will want to address does deal
with the right-of-way issues that Ms. Heller mentioned earlier. She reported
the MITC Committee has a sub -committee working on that issue now, and stated
that in her opinion, that was one of the major issues that needs to be addressed.
She noted that as an overview of what was discussed at the conference, and
what the MITC sub -committee has been talking about for a number of months,
relates to the issue of right-of-way and the need for all of the cities and
towns to have a somewhat uniform approach and Policy and Procedures, from the
standpoint that there is strength in numbers. She stated that if we are all
unified in our demands upon companies that come to us wanting to use our
right-of-way, it will be better for us, it will be easier for them, and we
have the potential to make more money out of it. She noted the City has already
had some requests come forward, and Public Works Director Bernardi has dealt
with a few of them. She stated, however, the goal is to develop uniform
standards that we know apply, and that we know what to do with. Ms. Golt felt
the sub -committee would be working fairly intensively on this in the next few
months, with a goal of bringing something back to the members' Councils. Mr.
Stratford stated representatives from the Public Works Departments of all of
the jurisdictions in the County are working on this, noting Jim Fletter is
our representative to the sub -committee.
Councilmember Heller stated she felt one question the City needed to look at before
the next couple of months is to decide when to put in the Political Oversight,
noting it was suggested that each of the cities look into what area they want
the
Political Oversight to come through, the MCCMC of the Cities/Counties Issues
Committee, or under the Marin County Cable JPA. She stated these are questions
the City needs to look at and make a decision on right away. Ms. Golt stated
that in regard to the Political Oversight, she thought it had been left that
this would come before MCCMC, to give some guidance to the MITC Committee.
Councilmember Heller stated she would like to be certain of that, and Ms. Golt
SRCC MINUTES (Regular) 6/3/96 Page 16
SRCC MINUTES (Regular) 6/3/96 Page 17
stated she would follow-up.
Mayor Boro stated he supported what staff is trying to do; however, he stated he
had met with a couple of members of the Budget Oversight Committee, and noted
they are somewhat frustrated with the City, including the Council and staff,
over what happened in the workshop recently. Mayor Boro told them one of his
concerns was that not only was the Council presented with the increase in cost,
but also with the fact that he felt they were being given solutions that really
had not truly defined the problem. Mayor Boro stated he felt we needed abetter
definition of what we want to achieve before we start deciding how we are going
to staff for the program and what kind of hardware we are going to bring onboard.
Mayor Boro stated he was concerned that we have a time check in August, on the contract
with BRC. Ms. Golt stated the contract actually expires sometime in September
of this year, and noted the staff who is working with BRC is shooting for having
a new contract finished long before then, and will bring recommendations back
to the Council. Mayor Boro noted one issue had been discussed that Ms. Golt
was to bring to the Budget Hearings, and that was the issue of BRC purchasing
certain hardware that would be amortized over their life cycle and charge the
City. He stated he was a little nervous over this issue, and whether the City
was going to make a long-term agreement to BRC, predicated strictly on this
issue. Ms. Golt stated her intent would not be to make any sort of long-term
commitment to BRC, noting we will be talking to them about two specific items;
E-mail with the MIDAS connection, and the network. She stated a third issue,
reconfiguring the BRC
Manager's role at the City, was a separate issue. Mayor Boro stated he recalled
there was something for approximately $100,000 that BRC was going to front
the money for, and Ms. Golt stated that was for E-mail and the network. Mayor
Boro asked if this did away with that requirement, and Ms. Golt stated it did
not, but it would
affect it because we are looking at having E-mail through the MIDAS program. She
stated we would still be dealing with BRC in relation to the network, and noted
the E-mail must be compatible with the network.
Councilmember Cohen stated he felt the City should still talk with BRC, and should
not rely on InterNet E-mail for intra -staff communications, noting he felt
the City needs two E-mail systems, an E-mail system to get outside, and an
internal E-mail system that is not on the InterNet. Mayor Boro stated he hoped
the City would not be committing to a five-year term with this vendor, strictly
predicated on E-mail. Ms. Golt stated that was not the intention.
Mayor Boro asked what it is the City schools are able to offer that we are not able
to avail ourselves of, noting it is supposedly the turndown of a lifetime?
Mr. Stratford stated he and Ms. Golt have been trying to discover this, too,
noting that as far as he has been able to determine, the schools which are
connected to MIDAS, and will continue to be connected to MIDAS, are going to
start managing that whole area independently of MIDAS, and they are going to
get a large central router that goes out to the InterNet, and rather than go
through the MIDAS router, they will connect out through their own router.
Mr. Stratford stated this is second hand information from someone at County
Information Services, and stated he would imagine the proposal will be that
we connect to that router to go out to the InterNet, rather than the MIDAS
router. He stated that if it is a better deal, he does not see why we should
not do that. Mayor Boro asked if we were precluding ourselves from that option
at some future point, and Mr. Stratford stated we were not.
Councilmember Cohen moved and Councilmember Heller seconded, to accept the report
authorizing expenditure not to exceed $7,500, which has already been
appropriated, to purchase hardware and software for the MIDAS connection, and
to authorize the City Manager to execute an agreement with the County of Marin
for MIDAS connection.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. RE: APPOINTMENT OF CITY MANAGER (Mayor) - File 9-3-11 x 4-10-290
City Attorney Ragghianti stated he has spoken with Mr. Gould on several occasions
and exchanged FAX's with him, reporting that last Friday Mr. Gould sent the
documents to the City, and the City holds the originals. He stated that if
the documents are approved by Council, he would ask that the Mayor execute
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SRCC MINUTES (Regular) 6/3/96 Page 18
them, and Mr. Ragghianti will then send the documents to Mr. Gould for his
execution and return to the City.
Mr. Ragghianti stated that since Mr. Gould had signed all of the documents, he is
satisfied with all of the language that was negotiated between him, the Mayor
and members of the Council. Mr. Ragghianti stated all of the Council's concerns
and comments were incorporated into the documents that were sent to Mr. Gould.
He pointed out that several other documents remain that will attend to the
actual close on the purchase of a home, to wit, an actual Promissory Note and
a Deed of Trust securing the City's loan, but other than that, the documents
are in a condition ready to be signed if they are acceptable to the Council.
Councilmember Cohen recalled that when a prior loan agreement was made for former
City Manager Gaebler, there was a subsidiary document signed by Mrs. Gaebler,
recognizing the status of the loan should Mr. Gaebler no longer occupy the
residence, and he asked if that was also a topic of discussion with Mr. Gould?
Mr. Ragghianti stated a provision had been inserted after a telephone message
left on Mr. Ragghianti' s voice mail, either by Councilmember Heller or by someone
who had heard her voice this concern. Mr. Ragghianti stated the provision
provides that if Mr. Gould ceases to use the premises as his principal place
of residence, the loan is due. Mr. Ragghianti stated this provision was
specifically inserted in the documentation. Ms. Heller clarified that this
would mean such circumstances as death, divorce, or separation, and Mr.
Ragghianti stated it includes those items set forth in Paragraph No. 12 of
the agreement.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt a Resolution
approving the Employment Agreement with Rod Gould, City Manager.
RESOLUTION NO. 9615 -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING EMPLOYMENT AGREEMENT WITH ROD GOULD, CITY MANAGER, EFFECTIVE JUNE
17, 1996, AND AUTHORIZING EXECUTION OF AGREEMENT.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
AYES: COUNCILMEMBERS: None
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution
approving a Home Loan Agreement with Rod Gould, City Manager.
RESOLUTION NO. 9616 -RESOLUTION AUTHORIZING THE SIGNING OF A HOME LOAN AGREEMENT
WITH ROD GOULD, CITY MANAGER.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Attorney Ragghianti stated Mr. Gould had signed FAX 'd copies of the agreements
so the Council would know that he had assented to all of the terms and provisions
of the agreements. Mr. Ragghianti stated he would now send the original copies
of the agreements to Mr. Gould for his signature.
19. CITY COUNCIL REPORTS:
a. FREITAS INTERCHANGE (PW) - File 9-2-50 x 11-16 x 11-15 x 11-1 (Verbal)
Councilmember Cohen reported the Freitas Interchange Advisory Committee met and
discussed the Council's approved conceptual design for the interchange. He
noted two problems were identified at the time the Council adopted the
Committee's recommendation, with the primary problem being the issue of
financing, noting the projected cost is approaching $6 million. Mr. Cohen
stated CalTrans raised additional concerns regarding the need to abandon or
relocate the northbound onramp currently under construction, noting the timing
and phasing of construction rendered that alternative unacceptable to the
Committee.
Mr. Cohen stated CalTrans made a suggestion for a possible modification to the
proposal, which might meet their requirements, and also have the affect of
lowering the cost of the provisions of the intersections. He stated this was
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SRCC MINUTES (Regular) 6/3/96 Page 19
taken up by the Committee, and looked somewhat promising in terms of our ability
to construct it, CalTrans approval, and our ability to fund it, as it is
significantly less grading, noting the grading and retaining walls are what
drive the cost up. He reported there are still some complex issues about sight
lines, noting CalTrans has some concerns because they have only seen a
two-dimensional drawing, and they need to see it three -dimensionally. He
noted there are also some impacts in terms of the driveway leading up to Redwood
Highway and AutoDesk. He stated the work to be done now is very
technical in nature. Mr. Cohen stated staff seemed optimistic that this revised
alternative could be workable, and the second Committee meeting has been delayed
in the hope that staff can come back before the Council with some of those
questions resolved.
Mr. Cohen stated he had previously reported on another alternative that had been
suggested, which involved bringing the off ramp off and tying it into the Avenue
of the Flags. He stated there were a number of technical difficulties with
that alternative, noting the North San Pedro onramp would be very close to
this offramp, and the two ramps might be too close together, so there is an
issue of whether or not this would cause "weaving" with cars going on and off
the freeway, which CalTrans would not accept. He stated another concern is
that the east end of Merrydale would require two left turn lanes onto the
Merrydale overcrossing, but Merrydale is only one lane wide in that direction,
so there would be congestion problems. Mr. Cohen stated he presented this
alternative to the Committee, and every citizen member of the Committee reacted
negatively to the proposal, stating this would decrease access and make access
more difficult to Terra Linda. He stated the Committee made it clear they
did not want to pursue this alternative, as opposed to redesigning Freitas.
He stated the Committee hopes to bring back a revised proposal to the Council
in July, if they can satisfy CalTrans' concerns, and get the cost down to
something that is within the range of the funds we have available for
these improvements. Mr. Cohen reported it does appear, as far as General Plan
build -out in terms of capacity of the intersection, that we are clearly okay,
noting it is more the CalTrans and funding issues that must be dealt with.
Public Works Director Bernardi reported Assistant Civil Traffic Engineer Nader
Mansourian had done enough work on this alternative to know that some of the
intersections will fail or go to Level of Service 'IF", and would not work from
a technical standpoint.
Mayor Boro stated he would like a copy of the Charge given to the Freitas Interchange
Committee, and Councilmember Heller asked for copies to be given to the rest
of the Councilmembers.
b. TERRA LINDA VISION (P1) - File 238 (Verbal)
Councilmember Phillips reported there have been four meetings to discuss the process
for the North San Rafael Vision, noting the Planning Department staff has done
an excellent job of leading, as has the City's consultant, MIG. He reported
the process has been established, and an outline will be presented soon. He
stated the budget is now being prepared by the consultant. He reported the
actual visioning will begin in September, and run for approximately one year.
Mr. Phillips stated this has been very well accepted by the community, stating
that at the third meeting approximately seventy-five to eighty people attended,
noting it was a good turnout with a lot of enthusiasm, curiosity and input.
He stated those who presented testimonials did a very good job, talking about
the Downtown and Montecito. He stated they have prepared a grid for a permanent
standing committee of twenty-five members, looking for various locations,
characteristics and interest, and noted he, Mayor Boro, and three others will
make that selection from the applications that will be sent out within the
next couple of weeks.
Councilmember Cohen stated the plan has been well received, staff has done an
excellent job, and there is a lot of enthusiasm for beginning in September.
Mayor Boro stated the start-up committee was made up of a great group of people
who did an excellent job, noting they have the option of applying for the ongoing
committee. Mr. Phillips stated he expects a lot of interest and many
applications to be submitted by members of the start-up committee.
C. SAN FRANCISCO SEALS BASEBALL SCHEDULE AT ALBERT PARK (Rec) - File 9-3-66 x
Mayor Boro distributed a listing of upcoming San Francisco Seals baseball games
to be played at Albert Park Stadium, noting the opening game will be played
June 12th. He noted that if this is successful, next year they will play
SRCC MINUTES (Regular) 6/3/96 Page 19
SRCC MINUTES (Regular) 6/3/96 Page 20
approximately twenty-two games here in San Rafael. Mayor Boro stated there
is a lot of interest in the community, and he hopes everyone will support the
games.
d. ITALIAN STREET PAINTING FESTIVAL - File 104 x (SRRA) R-181 x R-140 #8
Mayor Boro reported the Italian Street Painting Festival will be held this weekend.
e. GENERAL ASSEMBLY OF THE BAY AREA ASSOCIATION OF GOVERNMENTS
- File 111 (Verbal)
Councilmember Heller reported she had attended the General Assembly of the
Association of Bay Area Governments on April 19th, at which those attending
were given updates by Congressman Tom Campbell and San Jose Mayor Susan Hammer,
as well as an update of Proposition 62.
There being no further business, the meeting was adjourned at 10:30 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1996
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/3/96 Page 20