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HomeMy WebLinkAboutCC Minutes 1997-12-01SRCC MINUTES (Regular) 12/1/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 1, 1997 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Absent: Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM None OPEN SESSION - 7:00 PM ORAL COMMUNICATIONS OF AN URGENCY NATURE: PM RE: FAIR, ISAAC PROJECT - File 9-3-16 x (SRRA) R-368 8:00 Gary Ford, 137 Nantucket Cove, San Rafael, stated his purpose in addressing the Council was to request that Mayor Boro authorize the City Attorney to appear in Superior Court and obtain a Court Order asking that a copy of the lease between Fair, Isaac and Village Properties be submitted to the Planning Commission, and be made available for public review. He stated the reason he was requesting this was that, given the massive 400,000 square foot project now under consideration by the Design Review Board, the economic effect of this project on the City of San Rafael, and the economic damage that would be caused by a sudden withdrawal of either the Lessee or the Developer of this project, he believed the City of San Rafael, and the residents, had a legitimate interest in the contractual relationship. Mr. Ford stated that although the City Council would be reviewing this project in order to approve it, there was no guarantee that Fair, Isaac is, in fact, going to occupy this space, noting there is no knowledge of the lease terms, or whether they will pull out after six weeks or six months. He pointed out there was no guarantee the Developer, Village Properties, would not sell the property to an independent third party, making the lease arrangements between Village Properties and Fair, Isaac null and void. Mr. Ford also stated the level of traffic congestion this project will cause may require the City to impose traffic mitigations on the project. He asked if Fair, Isaac leaves the project after a year, what guarantees or controls would the City have on another sub -lessee? Mr. Ford noted that in reading the EIR (Environmental Impact Report) he noticed Village Properties reserves the right, explicitly, to sub -lease any part of the complex. He stated if this were the case, then if Fair, Isaac leaves, Village Properties could sub -lease the entire property and there would be no controls. Mr. Ford reported several people have asked him what kind of relationship Village Properties has with Fair, Isaac, noting none of them know. He stated he was asking for a copy of the lease to be given to the Planning Commission, and in turn be made available for public review. Mr. Ford acknowledged it was not for the City of San Rafael to get involved in contractual relationships, but he believed there were legitimate issues here, noting a lot of people are asking him about them. He stated the major issue is what guarantees that Fair, Isaac is going to stay? He stated the most telling point is that Fair, Isaac is not contracting with Village Properties to build the project, and then they will buy it; Village Properties is developing the property and Fair, Isaac is going to lease it. He stated it was very telling that a major corporation would not want to own its real estate, in the very town and county of its headquarters. He believed the City of San Rafael had a legitimate interest in learning about this. City Attorney Ragghianti noted he had received a copy of a letter to Mayor Boro from Mr. Ford, and had reviewed it. Mr. Ragghianti stated, as he had indicated to Mr. Ford earlier, he was currently in trial, noting he would be happy to respond to Mr. Ford, but would not be able to do so until the middle of this month. Mr. Ragghianti indicated at the present time he knew of no justifiable way for the City of San Rafael to file an action against either Village Properties or Fair, Isaac to compel the production of the lease document, noting he had not seen the document, nor did he know its contents. Mr. Ragghianti stated the other questions Mr. Ford has asked in his letter are excellent questions, and questions that should and will be answered in the course of the Public Hearings that will be conducted with respect to the application. He noted that in addition to the many development entitlements being requested by Village Properties, they have also requested a Development Agreement, which will SRCC MINUTES (Regular) 12/1/97 Page 1 SRCC MINUTES (Regular) 12/1/97 Page 2 permit the public to see the document, as well as participate in all of the Conditions that will be attached to it. Mr. Ragghianti felt a lot of the questions with respect to the project, how it will operate, parking, and traffic will be adequately addressed later, but as far as the actual lease is concerned, he made it clear that he did not know, from a legal standpoint, how we could possibly compel an applicant to deliver a lease with a proposed tenant to the City. Mr. Ragghianti stated, as far as the rest of the items, he would be pleased to meet with Mr. Ford or provide him with whatever information he wants. Mr. Ragghianti noted Mr. Ford is entitled to a lot of the answers, and he believed Mr. Ford would receive them during the public process, stating he would make sure Mr. Ford gets them. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special and Regular Meetings Minutes approved as submitted. of November 17, 1997 (CC) 2. Resolution Authorizing Execution of Annual RESOLUTION NO. 9985 - Certificate of Compliance (Year 1996) for RESOLUTION AUTHORIZING THE McInnis Park Apartments for BMR Rental SIGNING OF A CERTIFICATE Agreement (RA) - File 229 x 13-16 x (SRRA) R-173 OF COMPLIANCE (Year 1996) . 3. Report on Italian Street Painting Festival - recommendation. Requested Dates: Thursday, June 11 Through Monday, June 15, 1998 (RA) - File 11-19 4. Resolution Authorizing Change of Funding Source from the Gas Tax to the Garbage Franchise Fee CHANGE in Order to be Eligible for STLPP Reimbursement Re: Traffic Signal Installation on "D" Street at Bayview Street (PW) - File 8-5 x 11-10 x 9-3-40 ELIGIBLE FOR STATE REIMBURSEMENT. Approved staff RESOLUTION NO. 9986 - RESOLUTION AUTHORIZING OF FUNDING SOURCE FROM THE GAS TAX TO THE GARBAGE FRANCHISE FEE IN ORDER TO BE 5. Resolution Adopting Memorandum of Understanding RESOLUTION NO. 9987 - With MAPE Child Care Unit (HR) - File 7-8-4 RESOLUTION AMENDING RESOLUTION NO. 9296 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, CHILD CARE UNIT (1 Year Agreement from November 1, 1997 through October 31, 1998). 6. Resolution Authorizing Application for a Bay Trails RESOLUTION NO. 9988 - Grant for Improvements to Shoreline Park (CD) RESOLUTION APPROVING THE - File 12-5 x 12-15 x 111 x 9-3-85 APPLICATION FOR GRANT FUNDS FROM THE ASSOCIATION OF BAY AREA GOVERNMENTS FOR IMPROVEMENTS TO THE SHORELINE PARK SECTION OF THE SAN FRANCISCO BAY TRAIL. AYES: COUNCIL ERS: Cohen, Heller, Miller & Mayor Boro NOES: COUNCIL ERS: None ABSENT:COUNCILMEMBERS: Phillips PUBLIC HEARINGS: 7. PUBLIC HEARING - CONSIDERATION OF A PROPOSED ORDINANCE ESTABLISHING A MARIN TELECOMMUNICATIONS AGENCY (JPA) REGARDING CABLE TELEVISION AND OTHER TELECOMMUNICATIONS WITHIN MARIN COUNTY (CM) - File 4-13-101 x 4-13-88 x 9-7-4 Mayor Boro recused himself due to potential conflict of interest, and left the Council Chamber. Vice -Mayor Heller opened the Public Hearing and asked for the staff report. City Manager Gould explained the proposed Ordinance and Resolution would form the Marin Telecommunications Agency. He reported that for some years San Rafael has been a member of a Joint Powers Authority, which seeks to regulate rates of the cable corporation through a loose confederation, noting that while they share staff, each agency has a separate and sometimes distinctly different franchise agreement. He stated what is envisioned here is that there may be a number of benefits of the cities, towns, and the County of Marin joining together to form a stronger, bonded telecommunications agency. He explained this had been prompted in some ways by the 1996 Telecommunications Reform Act, which SRCC MINUTES (Regular) 12/1/97 Page 2 SRCC MINUTES (Regular) 12/1/97 Page 3 greatly changed local government's authority to affect cable regulations, and to allow the phone companies to enter into certain areas that had not been allowed before, as well as for the cable companies to begin providing other telecommunication services. Mr. Gould stated the JPA members felt it was timely to propose an agency that would make use of whatever authorities are granted under the Telecommunications Reform Act, and to act as one agency, with one Master Franchise Agreement, so all the jurisdictions in Marin County could enjoy the same level of services from its cable company, as well as the other telecommunications providers. Mr. Gould noted our current JPA does not provide this kind of unified authority concerning cable television franchises, and this would provide a unified approach to all telecommunications technology, putting San Rafael, and all the cities in the County, in the strongest possible bargaining position for the cable franchise renewals, which should begin next year with TCI. He noted it would also allow us to capture any revenue that would be possible under the new Telecommunications Act for telecommunications media, including cable television. Mr. Gould stated this approach would also allow the members to more efficiently use consultants and staff, would be in the best interest of the rate payers, and would maintain the authority of local jurisdictions over such things as antenna placement and the use of public rights-of-way. Mr. Gould reported membership is being offered to all eleven cities and towns within the County, although it was not clear whether the City of Novato would join, as they are served by a different cable provider. He stated having this kind of strength would prevent any telecommunications agency from engaging in the usual "divide and conquer" kind of tactics, which is sometimes the case. Mr. Gould stated this would also allow us to regulate the telephone companies offering video services, and give us the right to regulate these services and obtain franchise fees where we currently cannot. Mr. Gould explained the day to day activities of the JPA would be assigned to an Executive Committee, noting the City of San Rafael would likely serve on the Executive Committee. He stated major issues would all go to the Board, every agency would have one vote, and it would take a quorum of six to take serious action. In summary, Mr. Gould reported there could be twelve jurisdictions, pointing out Constituent Jurisdictions would continue to have jurisdiction of cellular tower siting. Mr. Gould explained all the jurisdictions would assign their current franchise agreements to the new JPA until such time as a renewal occurred, in which case there would be one Master Franchise Agreement, and all new franchises would be awarded in the name of the Joint Powers Agency. He noted that if the City every chose to withdraw, we could do so with fourteen months notice. Mr. Gould stated staff is proposing an Ordinance be introduced to establish the Marin Telecommunications Agency, and assign existing contracts with the City of San Rafael to it, and also a related Resolution approving the agreement of a formation of the Marin Telecommunications Agency. Mr. Gould reported that at 5:15 PM the Councilmembers received a letter from Valerie Castellana, Executive Director of Government Affairs for TCI, who indicated TCI has problems with some of the sections in the Ordinance, and stated they had not had enough time to review it. Mr. Gould stated staff had made TCI aware of this as it was drafted, and they were provided with a final draft of the Ordinance on October 22nd, giving them a full six weeks to review it. Mr. Gould stated the letter does not indicate what problems the company has with the Ordinance, but states there will be a meeting this Thursday with the County to discuss what changes TCI might seek. Mr. Gould noted it is implied that the changes are not large, but rather more technical in nature. Mr. Gould stated there were two courses of action. One would be for Council to continue the Public Hearing for two weeks, and wait to see if any changes are made. He stated the other option would be for Council to receive any further testimony from the public and have their own deliberations, and complete the Public Hearing at this time, on the basis that two jurisdictions have already approved the JPA in its current form, noting it must be absolutely uniform throughout, and on the basis that TCI had plenty of opportunity to comment on this. Mr. Gould stated he did not have a particular preference, although he did feel it was awfully late in the game to receive such a letter; therefore, he would advise Council to introduce the Ordinance as it is currently written, and adopt the Resolution approving the Agreement of Formation. Councilmember Cohen asked what the impact would be if it turned out that upon later discussion TCI raises several points the City failed to fully consider, and which the City, upon further reflection, agrees are valid? He asked if we would have to amend the Ordinance and Resolution? Mr. Gould stated it was his understanding that under those circumstances staff would bring the Ordinance back to Council SRCC MINUTES (Regular) 12/1/97 Page 3 SRCC MINUTES (Regular) 12/1/97 Page 4 at the next meeting for its Second Reading and Final Adoption, at that time staff would suggest the changes, and then we would have to re -notice. City Attorney Ragghianti stated this was correct, noting if the changes were substantive the Ordinance would have to go back and be introduced in a First Reading. Mr. Gould asked, if the changes were merely technical in nature and non -substantive, would the ordinance have to go back for a First Reading? Mr. Ragghianti stated if the changes were non -substantive the Ordinance could go forward, but noted that as we do not know what the changes are, it was difficult for him to advise. Mr. Cohen asked, if the changes were substantive, and the City agreed with the changes, would the Ordinance go back for First Reading, and then come before Council at the subsequent meeting for Final Adoption, which would delay the motion by two weeks? Mr. Ragghianti stated that was correct. Mr. Cohen noted this meant Council could act on the motion, and if they do not find any points of the Agreement they want to amend, they can have the Second Reading and Final Adoption in two weeks; if, however, they are swayed by TCIIIs requests, they can make changes and act on this again two weeks later. Mr. Gould stated that was correct. Councilmember Miller stated his basic concern was that two jurisdictions have already approved this particular Ordinance, and asked what the schedule of the other jurisdictions was expected to be? Mr. Gould stated the other cities and towns were expected to act on this Ordinance and Resolution in the month of December, or at the latest in early January. Mr. Miller asked if he was correct that if Council were to pass the Ordinance at this time, and then had to amend it, we would not be out of sync with anyone? Mr. Gould stated this was correct. Linda Christman, volunteer staff for the Cable Rate Regulation JPA, reported they had received the comments from TCI over the phone at 11:00 AM this morning, and agreed to meet with them on December 4th. She stated she did not expect that the changes TCI is seeking would be substantial in any way; in fact, she felt that after they have a conversation and can clarify the intent of the Ordinance, she believed TCI would be comfortable with it. She stated the City would not be in a difficult position by going ahead with the introduction of the Ordinance, even if there are changes later. There being no further public comment, Vice -Mayor Heller closed the Public Hearing. Councilmember Miller noted he serves on the current JPA, and believes it is everyone' s intent that this go forward, and since we have already received approval from two jurisdictions, he felt we should just keep the ball rolling, and go forward with this. a. RECOMMEND PASSING ORDINANCE TO PRINT The title of the Ordinance was read: "AN ORDINANCE ADDING CHAPTER 10.74 TO THE CITY OF SAN RAFAEL MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE MARIN TELECOMMUNICATIONS AGENCY, DELEGATING AUTHORITY THERETO, AND ASSIGNING EXISTING CONTRACTS OF THE CITY OF SAN RAFAEL" Councilmember Miller 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. 1719 to print, by the following vote, to wit: AYES: COUNCIL ERS: Cohen, Miller and Vice -Mayor Heller NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: Phillips DISQUALIFIED: COUNCIL ERS: Mayor Boro (due to potential conflict of interest) b. RECOMMEND ADOPTION OF RESOLUTION APPROVING AGREEMENT FOR FORMATION OF MARIN TELECOMMUNICATIONS AGENCY Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 9989 -RESOLUTION APPROVING AGREEMENT OF FORMATION OF MARIN TELECOMMUNICATIONS AGENCY. AYES: COUNCIL ERS: Cohen, Miller and Vice -Mayor Heller NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: Phillips DISQUALIFIED: COUNCIL ERS: Mayor Boro (due to potential conflict of interest) Mayor Boro returned to the Council Chamber. MONTHLY REPORT: 8. DEPARTMENT REPORT - FIRE DEPARTMENT (FD) - File 237 x 9-3-31 SRCC MINUTES (Regular) 12/1/97 Page 4 SRCC MINUTES (Regular) 12/1/97 Page 5 City Manager Gould reported the Monthly Department Report would be postponed, due to the illness of Fire Chief Marcucci. SRCC MINUTES (Regular) 12/1/97 Page 5 SRCC MINUTES (Regular) 12/1/97 Page 6 NEW BUSINESS: 9. COUNCIL REPORTS: None There being no further business, the meeting was adjourned at 8:20 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/1/97 Page 6