HomeMy WebLinkAboutCC Minutes 1997-07-21
SRCC MINUTES (Regular) 7/21/97 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 21, 1997 AT 8:25
PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
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.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Miller seconded, to approve the
following Consent Calendar items:
ITEM RECOMMENDED ACTION
1. Approval of Minutes of Special Meeting of Approved as submitted.
Monday, July 7, 1997, and Regular Meetings
of Monday, June 16, 1997 and Monday,
July 7, 1997 (CC)
2. Request for City of San Rafael Participation Council voted unanimously to
as Amicus Party: (CA) - File 9-3-16 participate as amicus party.
a) Case Name: Landgate v. California
Coastal Commission,
California Supreme Court
Case No. S059847
3. Resolution Authorizing Execution of Agreement RESOLUTION NO. 9881 -
with County of Marin for Collection of Special AUTHORIZING THE EXECUTION
Taxes, Fees, Charges, and Assessments (CA) OF AGREEMENT WITH
COUNTY OF
- File 4-13-6 X 9-12 MARIN FOR COLLECTION OF SPECIAL
TAXES, FEES, CHARGES AND ASSESSMENTS.
4. City's Exercise of Marin Housing Authority's Council declined to exercise
Option to Purchase Two BMR Units at the option to purchase 34
Mariners
Marin Lagoon Condominium Project: Circle, and 47 Mariners
34 Mariners Circle, and 47 Mariners Circle (CA) Circle.
- File 229 x 5-1-313
5. Legislation Affecting San Rafael (CM) Approved staff
- File 9-1 recommendations: AB 762
(Torlakson), Vehicles: Crimes; Impoundment; DUI: SUPPORT; AB 1151 (Goldsmith),
Minors: Infraction: SUPPORT; AB 940 (Miller), Local Retention Limitation: OPPOSE;
SB 1179 (Polanco), Solid Waste Franchises: OPPOSE.
6. 1998 Marin County Fair Train Demonstration Approved funding
request.
Funding Request in the Amount of $2,500 (CM)
- File 131 x 117
7. Monthly Investment Report (Admin Svcs.) Accepted report.
- File 8-18 X 8-9
8. Resolution Setting the Special Tax Rate for RESOLUTION NO. 9882 -
Year 1997/98 on All Taxable Property Within RESOLUTION SETTING THE
SPECIAL
Community Facilities District No. 1992-1 DISTRICT TAX FOR
(Loch Lomond #10) (Admin. Svcs.) LOCH LOMOND #10 FOR FISCAL
- File 6-50 X 5-1-297 YEAR 1997/98 (at $2,201 per
parcel).
9. Resolution of Appreciation to John Starkweather, RESOLUTION NO. 9883 -
Former Planning Commissioner (Pl) RESOLUTION OF APPRECIATION
TO
- File 102 x 9-2-6 JOHN STARKWEATHER, FORMER
PLANNING COMMISSIONER (WHO SERVED 20 YEARS).
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10. Resolution of Appreciation to Richard Olmsted, RESOLUTION NO. 9884 -
Architect, Former Design Review Board Member (Pl) RESOLUTION OF APPRECIATION
TO
- File 102 x 9-2-39 RICHARD OLMSTED, ARCHITECT,
FORMER DESIGN REVIEW BOARD MEMBER (WHO SERVED EIGHT YEARS).
11. SECOND READING AND FINAL ADOPTION OF Approved final
adoption
ORDINANCE NO. 1711 - Ordinance of the of Ordinance No. 1711.
City of San Rafael Amending the Zoning Map
of the City of San Rafael, California,
Adopted by Reference by Section 14.01.020
of the Municipal Code of San Rafael,
California, so as to Reclassify Certain
Real Property From the PD (Planned
Development - Ordinance 1686) District
to the PD (Planned Development - Ordinance
No. 1711) District (Re: ZC96-5, 70 Skyview Terrace,
AP No. 165-230-01 through -22) (Montevideo
Terrace Subdivision) (Pl) - File 5-1-327 X 115 X 10-3 X 10-5 X 10-7 X 10-8
12. Vista Marin: (Pl) - File 5-1-332 X 10-3 X 10-5 X 10-7
a. Resolution Certifying a Negative Declaration RESOLUTION NO. 9885 -
for 49 Single-family Residential Units RESOLUTION CERTIFYING
THE
(5 of the 49 Units are Proposed as Below NEGATIVE DECLARATION FOR
Market Rate Units) Off of Scettrini Drive; ZONE CHANGE, TENTATIVE
AP No. 180-124-02; R. Scettrini, Owner; SUBDIVISION MAP, USE PERMIT
David Schemel, Representative (Vista Marin) AND ENVIRONMENTAL AND DESIGN
REVIEW APPLICATIONS FOR A 49 SINGLE-FAMILY LOT SUBDIVISION (VISTA MARIN)
SCETTRINI DRIVE (AP #180-124-02).
b. An Ordinance of the City of San Rafael Ordinance No. 1712 passed
Amending the Zoning Map of the City of to print (Second reading
San Rafael, California, Adopted by Reference and final adoption for
By Section 14.01.020 of the Municipal Code meeting of 8/4/97).
of San Rafael, California, so as to Reclassify
Certain Real Property From the PD-WO-H
(Planned Development-Wetland Overlay-Hillside)
District to the PD-WO-H (Planned Development-
Wetland Overlay-Hillside) District (Re: ZC96-6,
End of Scettrini Drive/Merrydale Court,
AP No. 180-124-02) (Vista Marin)
c. Resolution Approving Use Permit, Design Review RESOLUTION NO. 9886 -
and Tentative Subdivision Map for 49 Single- RESOLUTION APPROVING
TENTATIVE
family Residential Units (5 of the 49 Units are SUBDIVISION MAP, USE PERMIT
Proposed as Below Market Rate Units) Off of AND ENVIRONMENTAL AND DESIGN
Scettrini Drive; AP No. 180-124-02; R. Scettrini, REVIEW APPLICATIONS FOR A
Owner; David Schemel, Representative (Vista Marin) 49 SINGLE-FAMILY LOT
SUBDIVISION (VISTA MARIN) SCETTRINI DRIVE (AP #180-124-02)
13. Baypoint Lagoons Landscaping and Lighting
District (PW): - File 6-48
a. Resolution Directing Filing of Engineer's RESOLUTION NO. 9887 -
Annual Report RESOLUTION DIRECTING FILING
OF ENGINEER'S ANNUAL REPORT
BAYPOINT LAGOONS LANDSCAPING AND
LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972).
b. Engineer's Annual Report 1997-98 - To be filed This report has been filed.
c. Resolution Approving Engineer's Annual Report RESOLUTION NO. 9888 -
RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT BAYPOINT LAGOONS LANDSCAPING AND
LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972).
d. Resolution of Intention to Order Improvements RESOLUTION NO. 9889 -
(and Setting Public Hearing for Meeting of RESOLUTION OF INTENTION TO
8/4/97) ORDER IMPROVEMENTS BAYPOINT LAGOONS
LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and LIghting Act
of 1972).
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AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was removed from the Consent Calendar for further discussion:
14. RESOLUTION ALLOCATING $20,000 FROM PARKLAND DEDICATION FUNDS TO BERNARD HOFFMAN
PARK DEVELOPMENT (Rec) - File 4-7-28 x 220 x 9-3-65 x 9-3-66
Mayor Boro stated that when this issue was originally brought to Council, it was
pointed out that it was not the developer alone who was contributing the $60,000,
it was being split between the developer and the non-profit who was selling the
property, and he felt the record should reflect that fact. In addition, he noted
Council had agreed the City would spend up to $20,000, based on the design of
the project, and he felt it was important that this be reflected in the motion.
Councilmember Phillips reported the funds were actually going to come from Waterford
Associates, noting there may be an agreement between Waterford Associates and
Community Services Center of Marin (CSCM) with regard to purchase price, but
the City will be receiving the contribution from Waterford Associates. Mayor
Boro stated the impression Council was given was that part of the money was being
deducted from the money going to the non-profit, noting that point had been made
quite clear, so he would also like this to be reflected in the record.
Councilmember Phillips noted at one time there had been some reservation on the
part of CSCM as to whether or not they wished to have this as part of the public
record; however, the statement was subsequently made in public that they were
participating in the contribution. Mayor Boro stated the action to be taken
by Council did not have to be changed, but he would like to see the record reflect
what was discussed during the meeting when this issue was originally brought
to Council.
Councilmember Cohen noted a change to the Resolution would be required to reflect
that the City would spend "up to $20,000", noting the Resolution now reads that
the City will commit $20,000.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution
appropriating up to $20,000 in Parkland Dedication Funds for Bernard Hoffman
Park play area development, as amended.
RESOLUTION NO. 9890 - RESOLUTION APPROPRIATING UP TO $20,000 IN PARKLAND DEDICATION
FUNDS FOR BERNARD HOFFMAN PARK PLAY AREA DEVELOPMENT (As Amended).
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATIONS:
15. PRESENTATION OF RESOLUTION OF APPRECIATION TO GLENN DAVID MATHEWS, FORMER
CULTURAL AFFAIRS COMMISSIONER (RESOLUTION NO. 9851 ADOPTED ON MAY 19, 1997)
(Cult. Aff.)
- File 102 X 9-2-24
Mayor Boro presented a Resolution of Appreciation to Glenn David Mathews, thanking
him for the four years he spent on the City's Cultural Affairs Commission. Mayor
Boro recognized Mr. Mathews' work on the Commission, primarily in the area of
historical significance of the Falkirk Cultural Center, and other historical
buildings in San Rafael. Mayor Boro also thanked Mr. Mathews for the work he
did on the Master Plan for Falkirk, noting it was a great help to the City, and
assisted in getting us to where we are currently going with the Marin Community
Foundation.
Mr. Mathews stated it had been a pleasure to be on the Cultural Affairs Commission
for the past four years, noting he was sorry he was unable to continue at this
time, but hoped the chance would remain open for him to come back at a later
date.
16. INTRODUCTION OF TWO NEW POLICE LIEUTENANTS, DAVID JOHNSON AND JOHN ROHRBACKER,
ONE NEW SERGEANT, JEFF FRANZINI, AND ONE NEW CORPORAL, THOMAS DONAHUE (PD) -
File 9-3-30
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This item was postponed to Council Meeting of 8/4/97.
PUBLIC HEARING:
17. PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE),
TO AMEND CHAPTER 14.16 TO SPECIFY THAT MEDICAL MARIJUANA DISPENSARIES ARE NOT
PERMITTED, TO AMEND SECTION 14.16.220(F) TO PROHIBIT A MEDICAL MARIJUANA
DISPENSARY AS A HOME OCCUPATION, TO AMEND SECTION 14.03.030 (DEFINITIONS) TO
ADD A DEFINITION FOR A MEDICAL MARIJUANA DISPENSARY AND TO RESCIND ORDINANCE
NO. 1710, AN URGENCY ORDINANCE, PREVIOUSLY ADOPTED ON THE SAME SUBJECT (Pl)
- File 10-3 x 9-3-16 x 13-1 x 13-8
Mayor Boro declared the public hearing opened, and asked for the staff report.
Interim Planning Director Sheila Delimont reported on April 21, 1997 the City Council
adopted an Urgency Ordinance which prohibited medical marijuana dispensaries
as an Allowable Use or a Home Occupation, and at the same time Council directed
the Planning Department in initiate proceedings to amend the Zoning Ordinance
to incorporate these provisions. Ms. Delimont reported staff brought the amended
Zoning Ordinance to the Planning Commission on July 1, 1997, and they unanimously
recommended Council adopt these provisions.
Ms. Delimont noted the City had enacted the Urgency Ordinance because the current
Zoning Ordinance did not address the medicinal distribution of marijuana, and
we needed to either establish regulations for the location and operation of such
facilities, or prohibit them altogether. She reported the Council chose to
prohibit them, pending clarification of the legal issue surrounding Proposition
215. She stated staff has prepared regulations which will be incorporated
permanently into the Zoning Ordinance, adding the definition for medical
marijuana dispensaries, a section on Site Use regulations, which states they
are not permitted in any of the City's Zoning Districts, and a section on Home
Occupations which states this may not be done as a Home Occupation. Ms. Delimont
recommended Council pass this Ordinance to print.
Lynette Shaw, Executive Director of Marin Alliance for Medical Marijuana, stated
the Alliance supports this Ordinance, reporting her organization has been tending
the patients of Marin County for five years, and they have been well served by
the Marin Alliance for Medical Marijuana. She noted her organization has been
at the forefront for a long time, but it was still "dangerous waters". She stated
the Alliance does have a Use Permit in the town of Fairfax, and they have delivery
to every town in Marin County. She believed the patients of Marin County were
well served, but pointed out there were a lot of legal implications involved.
She noted the Alliance has a team of attorneys to defend the town of Fairfax,
but the Alliance would not want to have to defend every other town that might
support medical marijuana dispensaries. Therefore, the Marin Alliance for
Medical Marijuana supports the Ordinance, noting that while there may be some
reconsideration of the issue a few years from now, she felt it was still too
much of a gray area. She thanked the Council for doing the right thing at the
right time.
There being no further public comment, Mayor Boro closed the public hearing.
Councilmember Miller stated he supported this Ordinance, and believed it was a very
wise, compassionate and understanding way that the City has gone about this.
However, he felt Proposition 215 has become mired in the problems of law and
order, primarily because of the lack of response by the government of the State
of California to the people of the State who voted for it.
Councilmember Miller stated medical marijuana actually lifts the conversation on
drugs to the domain of public health, noting medical marijuana dispensaries send
the message that there are different kinds of drugs, different reasons for taking
them, and that drug use and drug abuse are not necessarily the same thing. He
stated it is not a matter of a simplistic "No" or an addictive "Yes", it is a
moral, medical matter of "Sometimes".
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL
CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND CHAPTER 14.16 TO SPECIFY
THAT MEDICAL MARIJUANA DISPENSARIES ARE NOT PERMITTED, TO AMEND SECTION
14.16.220(F) TO PROHIBIT A MEDICAL MARIJUANA DISPENSARY AS A HOME OCCUPATION,
TO AMEND SECTION 14.03.030 (DEFINITIONS) TO ADD A DEFINITION FOR A MEDICAL
MARIJUANA DISPENSARY AND TO RESCIND ORDINANCE NO. 1710, AN URGENCY ORDINANCE,
PREVIOUSLY ADOPTED ON THE SAME SUBJECT".
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Councilmember Miller moved and Councilmember Phillips seconded, to dispense with
the reading of the Ordinance in its entirety and refer to it by title only and
pass Charter Ordinance 1713 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
MONTHLY REPORT:
18. CITY MANAGER'S REPORT - File 9-3-11 (Verbal)
City Manager Gould provided an update on the State of California budget, noting
the State seems helplessly mired in negotiations over issues including welfare
reform, raises for State employees, and a major tax cut. Mr. Gould stated he
did not believe we would see much ERAF reform relief this year, and the return
of revenues which are currently being siphoned off from local government to the
State, noting our hopes would be pinned on an effort involving all the major
interest groups to come up with some type of comprehensive reform the Governor,
School Districts, and Howard Jarvis people can live with. He felt the chances
of that happening were not great, but they were worth pursuing.
Mr. Gould reported the reauthorization of the ISTEA (funds) at the Federal level
was also bogged down, noting it would require some "heavy lifting" for this to
be moved back forward. He stated he would be meeting with Congresswoman Woolsey
within the next few weeks, through Vice-Mayor Heller's legislative committee,
requesting her continued support for the ISTEA reauthorization.
Mr. Gould reported he had met with the developer and representatives of Fair, Isaac,
who have stated they should be ready to sign a lease by mid-August. He noted
this has been in the offing for quite some time, and it now looks as though they
are closing in on the conclusion. Mr. Gould stated Fair, Isaac has been holding
a series of meetings with their employees to discuss the issues of being in the
Downtown, design, safety, and transportation, and it seems the employees of Fair,
Isaac are very optimistic about the move. Mr. Gould noted the draft Environmental
Impact document should be available for public comment in August.
Regarding radio communications, Mr. Gould reported there was a meeting of elected
officials at which they discussed the issues of cost, control, technology,
antennas and consolidation. He stated that while it appeared as though there
was a dissipation of energy, he felt we were on the verge of a breakthrough,
for which he credited Captain Mike Cronin and the Police Department. He reported
Captain Cronin had suggested we consider asking the County to front the money
to purchase the backbone of the radio system, asking the manufacturers to design
and compete for the mountain top equipment that would allow coverage throughout
Marin County. Then it would be up to the cities and towns to contract with the
County, or a JPA that would control the system, for access to this backbone system.
He stated this way the local jurisdictions could control such things as which
technology they would use, whether or not they would consolidate their dispatch
centers, and how many radios they would use. Mr. Gould noted this would
eliminate a lot of the issues that would otherwise force the need for a tremendous
amount of Countywide coordination, which is not easily obtained. Mr. Gould
stated this idea would be worked through with Councilmember Heller's committee,
and if it proved doable, it may be the direction the City will recommend. He
stated meetings would begin in August at various Council levels, noting he would
expect that San Rafael would be one of the first to have this item before Council
for some type of action.
As requested during the Budget Hearings by a representative of the Marinwood District,
Mr. Gould reported he, Mayor Boro, Councilmember Cohen, and Fire Chief Marcucci
would be meeting with their colleagues in Marinwood to discuss the funding of
fire services in northeast San Rafael. He noted their contention was that the
City is not paying enough, and stated this matter would be explored thoroughly
during the meeting, with a report to be brought back to Council.
Councilmember Heller, following-up on the issue of the radio system, stated a group
would be discussing the issue with the Marin Independent Journal in an attempt
to begin the education process, letting them understand the system, and explaining
why we even need to look at a new radio system.
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19. CITY COUNCIL REPORTS:
a. MARIN/SONOMA TRANSIT AND HIGHWAY IMPROVEMENTS - File 170 x 143
Mayor Boro reported he met with County Supervisors John Kress and Harry Moore,
Councilmembers Betsy Cutler from Mill Valley, and Mike DiGiorgio from Novato,
all members of the committee representing Marin County in working with Sonoma
County on the Calthorpe study of the future of transit and highway improvements
in Marin and Sonoma counties. Mayor Boro stated a meeting would be held in our
Council Chamber on Thursday, July 24th at 7:30 PM to review the committee's
proposal with the other cities re: forming a committee to study what will be
necessary to bring to a vote next year the issues of how much the sales tax should
be, how long it should run, and specifically what uses it will be put to. Mayor
Boro noted they would be proposing two supervisors be part of the committee,
along with five councilmembers, and thirteen other appointed members, for a
committee of (approximately) twenty-one members representing the environmental
groups, the business community, housing, and an array of different interest
groups.
There being no further business, the meeting was adjourned at 8:45 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1997
MAYOR OF THE CITY OF SAN RAFAEL
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