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HomeMy WebLinkAboutCC Minutes 1999-12-06SRCC MINUTES (Regular) 12/6/99 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 6, 1999 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Absent: Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION: None. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM None. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Monday, Minutes approved as November 15, 1999, and Special Meeting of Monday, submitted. November 22, 1999 (CC) 2. Paramedic Tax - Measure P: (CC) a) RESOLUTION NO. 10532 - - File 9-4 x 9-3-31 RESOLUTION AMENDING a) Resolution Amending Resolution No. 10531 RESOLUTION NO. 10531 Declaring Canvass of Returns and Results of DECLARING CANVASS OF RETURNS Consolidated General Municipal Election Held AND RESULTS OF CONSOLIDATED on November 2, 1999, to Include Results of GENERAL MUNICIPAL ELECTION Ballot Measure P - Paramedic Service Special HELD ON NOVEMBER 2, 1999, TO Tax on Residential and Non -Residential Structures INCLUDE RESULTS OF BALLOT and Appropriations Limit Increase MEASURE P - PARAMEDIC SERVICE SPECIAL TAX ON RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES AND APPROPRIATIONS LIMIT INCREASE. b) Ordinance No. 1747 - An Ordinance of the City b) Accepted Ordinance No. 1747 - Council of the City of San Rafael Amending "AN ORDINANCE OF THE CITY Section 3.28.060(a) of, Deleting and AmendingCOUNCIL OF THE CITY OF SAN Section 3.28.040 of, and Adding Section RAFAEL AMENDING SECTION 3.28.050 to, Chapter 3.28 of the San Rafael 3.28.060(a) OF, DELETING AND Municipal Code to Increase the Special Paramedic AMENDING SECTION 3.28.040 OF, Tax on Residential and Non-residential Classed AND ADDING SECTION 3.28.050 Structures, in Order to Cover the Cost of TO, CHAPTER 3.28 OF THE Paramedic Service, and to Increase the City's SAN RAFAEL MUNICIPAL CODE, Appropriations Limit TO INCREASE THE SPECIAL PARAMEDIC TAX ON RESIDENTIAL AND NON- RESIDENTIAL CLASSED STRUCTURES, IN ORDER TO COVER THE COST OF PARAMEDIC SERVICE, AND TO INCREASE THE CITY'S APPROPRIATIONS LIMIT". 3. Request for Amicus Participation: (CA) Approved amicus participation. SRCC MINUTES (Regular) 12/6/99 Page 1 4 5 N 7 SRCC MINUTES (Regular) 12/6/99 Page 2 - File 9-3-16 a. Zelig v. County of Los Angeles California Supreme Court No. 5081791 b. Ventura Group Ventures, Inc. (VGV) v. Ventura Port District (the Port), et al. U.S. Court of Appeal for the 9th Circuit, Case No. 97-55269 (California Supreme Court No. 5080112) Resolution Authorizing the Temporary Closing of Court Street Between Fourth Street and Fifth Avenue for the Safety of Pedestrian and Vehicle Traffic During Construction of the Rafael Town Center (CA) - File 11-19 Resolution Authorizing Execution of Renewal of for 3.a and 3.b RESOLUTION NO. 10533 RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF COURT STREET BETWEEN FOURTH STREET AND FIFTH AVENUE FOR SAFETY OF PEDESTRIAN AND VEHICLE TRAFFIC DURING CONSTRUCTION OF THE RAFAEL TOWN CENTER. RESOLUTION NO. 10534 Contract with Kenneth Emanuels & Associates for RESOLUTION AUTHORIZING Legislative Advocacy Services for Marin Cities CITY OF SAN RAFAEL TO RENEW and Towns for Period From 1/1/2000 through THE CONTRACT WITH KENNETH 12/31/2000 (CM) - File 4-3-354 x 113 x 116 x 9-3-11 EMANUELS & ASSOCIATES Resolution Proclaiming December 15th Bill of Rights Day (CM) - File 110 a) b) SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1745 - An Ordinance Adding FOR LEGISLATIVE ADVOCACY SERVICES ON BEHALF OF THE MARIN COUNTY COUNCIL OF MAYORS AND COUNCIL MEMBERS FOR THE PERIOD OF JANUARY 1, 2000 THROUGH DECEMBER 31, 2000. RESOLUTION NO. 10535 RESOLUTION PROCLAIMING DECEMBER 15, 1999 AS BILL OF RIGHTS DAY IN THE CITY OF SAN RAFAEL. a)Approved final adoption of Ordinance No. 1745 - "AN Chapter 8.37 to the San Rafael Municipal ORDINANCE ADDING CHAPTER Code Pertaining to Prohibition of the Sale 8.37 TO THE SAN RAFAEL of Saturday Night Specials, Also Known as MUNICIPAL CODE PERTAINING Junk Guns (CM) - File 13-1 x 9-3-16 x 9-3-30 TO PROHIBITION OF THE SALE OF SATURDAY NIGHT SPECIALS, ALSO KNOWN AS JUNK GUNS". SECOND READING AND FINAL ADOPTION OF b) ORDINANCE NO. 1746 - An Ordinance Adding Chapter 8.38 to the San Rafael Municipal Code Pertaining to the Regulation of Firearm Dealers (CM) - File 13-1 x 9-3-16 x 9-3-30 Approved final adoption of Ordinance No. 1746 - 11AN ORDINANCE ADDING CHAPTER 8.38 TO THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO THE REGULATION OF FIREARMS DEALERS". 8. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted Monthly Investment Report for month ending October, 1999, as presented. 9. Resolution Authorizing Agreement Between Nash and RESOLUTION NO. 10536 Company, Inc. and the City of San Rafael to RESOLUTION AUTHORIZING THE SRCC MINUTES (Regular) 12/6/99 Page 2 10. F4ki SRCC MINUTES (Regular) 12/6/99 Page 3 Complete a Classification and Compensation Study (MS) - File 4-3-369 x 7-3 Report on Bid Opening and Resolution Awarding EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND NASH AND COMPANY, INC., FOR A PERSONNEL CLASSIFICATION AND COMPENSATION STUDY (Term of agreement commencing 1/1/2000 and ending on 12/31/2004). RESOLUTION NO. 10537 Contract to Ghilotti Brothers Construction, Inc.RESOLUTION AWARDING THE for the Lucas Valley Road/South 101 Off -Ramp CONTRACT FOR THE LUCAS VALLEY Traffic Signal Installation, Project No. 047- ROAD/SOUTH 101 OFF - RAMP 4710-474-8000 (Bid Opening Held Tuesday, November 16, 1999) (PW) - File 4-1-512 Report on Bid Opening and Resolution Awarding Contract for Olive and Palm Avenues Storm Drain Replacement to Ghilotti Construction Company, Project No. 042-4210-627-8000 (Bid Opening Held Tuesday, November 30, 1999) (PW) - File 4-1-513 x 12-9 TRAFFIC SIGNAL INSTALLATION PROJECT TO GHILOTTI BROTHERS CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $183,550.25 (Lowest Responsible Bidder). RESOLUTION NO. 10538 RESOLUTION OF AWARD OF CONTRACT FOR "OLIVE AND PALM AVENUES STORM DRAIN REPLACEMENT" TO GHILOTTI CONSTRUCTION COMPANY, IN THE AMOUNT OF $154,647.50 (Lowest Responsible Bidder). 12. Resolution Authorizing the Signing of a License RESOLUTION NO. 10539 - Agreement and Slurry Wall Agreement with PacificRESOLUTION AUTHORIZING THE Gas and Electric Company (P.G.& E.) to Allow SIGNING OF A LICENSE AGREEMENT P.G.& E. the Right of Access to Operate, Maintain, AND SLURRY WALL EASEMENT Repair, Monitor and Replace These Facilities, and AGREEMENT WITH PACIFIC GAS AND Authorizing the Signing of Reimbursement Agreement ELECTRIC COMPANY (P.G.& E.) TO to Set Cost Sharing Terms for Disposal of Future ALLOW P.G.& E. THE RIGHT OF Contamination Found in Soils and Groundwater ACCESS TO OPERATE, MAINTAIN, Adjacent to P.G.& E.'s Gas Manufacturing Facility REPAIR, MONITOR AND REPLACE (PW) - File 4-4-8 x 2-5-40 x 13-1 THESE FACILITIES, AND AUTHORIZING THE SIGNING OF REIMBURSEMENT AGREEMENT TO SET COST SHARING TERMS FOR DISPOSAL OF PNA CONTAMINATION FOUND IN SOILS AND GROUNDWATER ADJACENT TO P.G.& E.'S GAS MANUFACTURING FACILITY. 13. Resolution Authorizing the City Manager to Execute RESOLUTION NO. 10540 All Necessary Applications, Contracts, Payment RESOLUTION AUTHORIZING THE Requests, Agreements and Amendments for the Purpose CITY MANAGER, IN THE NAME OF of Securing Grant Funds and to Implement and Carry THE CITY OF SAN RAFAEL, TO Out the Purposes Specified in the Grant Application EXECUTE ALL NECESSARY to the California Integrated Waste Management Board APPLICATIONS, CONTRACTS, for a Household Hazardous Waste Grant - Eighth PAYMENT REQUESTS, SRCC MINUTES (Regular) 12/6/99 Page 3 14. SRCC MINUTES (Regular) 12/6/99 Page 4 AGREEMENTS Cycle, to Implement a Household Battery Collection AND AMENDMENTS FOR THE PURPOSE Program and Expand the Existing Syringe/Sharps OF SECURING GRANT Collection Program (FD) - File 13-2 x Resolution Authorizing Temporary Street for Millennium 2000 Party (RA) - File FUNDS AND TO 9-3-31 x 202 IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A HOUSEHOLD HAZARDOUS WASTE GRANT - EIGHTH CYCLE, TO IMPLEMENT A HOUSEHOLD BATTERY COLLECTION PROGRAM AND EXPAND THE EXISTING SYRINGE/SHARP COLLECTION PROGRAM. Closures RESOLUTION NO. 10541 - 11-19 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF DOWNTOWN STREETS FOR THE MILLENNIUM PARTY 2000. AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips SPECIAL PRESENTATION: 15. PRESENTATION TO THE CITY COUNCIL OF THE 1999 AHWAHNEE AWARD OF HONOR - File 109 x 9-1 Mayor Boro announced the City had received the 1999 Ahwahnee Award of Honor, which was awarded to San Rafael for putting its planning policies into place, and for doing so in a way that was considered to have followed Smart Growth Principles, and for the City's approach to In -Fill Housing, Transportation, and the theater complex, and for bringing people to the Downtown, noting San Rafael had been cited as a model for many cities. Mayor Boro reported over 100 different jurisdictions had applied for the awards, and San Rafael was one of two winners of the Government Adopted Policy Award, with the other award going to the Oregon Transportation and Growth Management Program from the State of Oregon. Mayor Boro pointed out that in the past the City had received awards for a couple of different issues, including one from the Economic Commission. He stated it was really the people in the City who allow these things to happen, explaining the nature of the awards was due to the people in the community. On behalf of the City Council and the citizens of San Rafael, Mayor Boro presented Senior Planners Katie Korzun and Linda Jackson with bouquets of flowers, acknowledging their work on the Downtown Vision. He reported that since 1990, and through hundreds of meetings, Ms. Korzun had helped to build the foundation of the project for which the City was being honored, while Ms. Jackson had taken the results and had them codified into the City's Ordinances and General Plan. Senior Planner Linda Jackson thanked Ms. Korzun for getting this project started in 1990, and those in the community who also worked on the Vision. Senior Planner Katie Korzun thanked Design Review Board Member Larry Paul and Chamber of Commerce President Elissa Giambastiani, who also participated in the project from the beginning, and also former Economic Development Director Jake Ours. SRCC MINUTES (Regular) 12/6/99 Page 4 SRCC MINUTES (Regular) 12/6/99 Page 5 OLD BUSINESS: 16. DISCUSSION OF BASIS FOR CALCULATION OF RENT ADJUSTMENTS FOR CONTEMPO MARIN (CA) - File 13-7-1 x 9-3-16 Assistant City Attorney Guinan reported this issue had been raised by some of the residents of Contempo Marin Mobilehome Park, who had indicated that the calculations for the annual rent adjustment, pursuant to the Ordinance, had been calculated erroneously in the past; specifically, there had been an allegation that the calculation of the gross rent included mobilehome spaces that were exempted from the City Ordinance, pursuant to Civil Code Section 798.17. Mr. Guinan explained that if a particular tenant has executed a long-term lease with the park owner, that is, a lease with a term of more than one year and one day, that particular space is exempted, under State law, from any local rent control Ordinance. Mr. Guinan stated the question was when the calculation of gross rent was made, whether that amount included spaces that were exempt, because they were under long-term lease. Mr. Guinan reported he had spent some time discussing this issue with Whitfield King, President of the Contempo Marin Homeowners Association, as well as Jeff Renner, representative of the mobilehome park owner, and Tom Davis, resident of Contempo Marin, who first raised this issue. Mr. Guinan noted he then had reviewed the City's files, which are quite voluminous, and looked at the rent calculation sheets for each year since 1994. He noted the staff report indicates the number of spaces used to calculate the gross rents, and the calculation for each particular year. Mr. Guinan pointed out the reason that in the early years, specifically 1994 through 1997, the total of 396 spaces was not used, was because there, in fact, were a number of spaces under long-term lease and so, exempt from the City's rent control ordinance. Mr. Guinan stated he has concluded that the park owner has correctly calculated the annual rent increase since 1994, and that there are no errors in that calculation. Mr. Guinan stated that he had received a letter from Tom Davis, who agreed that the calculations were correct. Mr. Guinan noted Mr. Davis had, in his letter, raised an additional issue; however, Mr. Guinan did not feel it merited further reporting at this time. Councilmember Cohen asked Mr. Guinan if he was stating that there were no spaces, at this time, covered by long-term leases? Mr. Guinan replied that such was his understanding. Mr. Guinan stated he had received from Mr. Davis the name of one person who was purported to be subject to a long-term lease; however, Mr. Guinan spoke with the resident, who submitted a copy of his lease agreement, and the lease agreement was, in fact, a month-to-month agreement. Mr. Guinan explained that many of the lease agreements entered into in 1993 were long-term leases, but they did not contain a rollover provision for automatic renewal, which meant that at the end of the term, they became month-to-month agreements. Mr. Cohen asked, once they become month-to-month agreements, are they then covered by the provisions of the rent control Ordinance? Mr. Guinan stated that was correct, noting that even though they might be covered by the "freeze" provision of the Ordinance, they were no longer exempt from the rent control Ordinance once the long-term lease expired. Mayor Boro invited public comment, and there was none. Mayor Boro noted the Council was not being asked to take action regarding this issue, and accepted Mr. Guinan's report, thanking him for pursuing the issue. Councilmember Cohen noted Mr. Guinan had mentioned at least one other issue had been raised, which Mr. Guinan was looking into, and asked that Mr. Guinan return to Council at a later date, if he determined there was anything else to report. NEW BUSINESS: 17. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITIES (RA) - File 4-13-38 x 13-16 Economic Development Director Nancy Mackle stated Senior Planner Katie Korzun would present the proposed guidelines for the allocation of Community Development Block Grant funds, noting they would not be addressing any specific applications, as those would not be submitted until December, and reviewed early next year. Senior Planner Katie Korzun recalled that in June, 1999 the City changed the agreement it had with the County of Marin, as to how Block Grant funds SRCC MINUTES (Regular) 12/6/99 Page 5 SRCC MINUTES (Regular) 12/6/99 Page 6 would be distributed. She explained CDBG (Community Development Block Grant) funds come from the Federal Government, and are supposed to be used in areas of primarily low income, to work on revitalizing neighborhoods, provide affordable housing and economic opportunities, and improving community facilities. Ms. Korzun reported that over the years, the County has received these funds, noting the County has an excellent staff of people who handle all the administration. She explained that because no city in the County was large enough to receive funds on its own, the County received the funds, County staff distributed them to six different Planning Areas, and then representatives of each Planning Area helped decide where the money would go. Ms. Korzun stated that as of this year, San Rafael is now large enough to receive the money on its own; however, upon looking at this, it was decided that rather than leaping into it and disrupting a process that was currently underway, the City would sign an agreement with the County in which the City would have more control, but not do the processing. Ms. Korzun explained the agreement states the City of San Rafael will receive the funds it would have gotten if it had left the Countywide system, the City's control of where the funds go will increase, and the administration function will be left with the County. She noted that several months ago the City had begun working with Roy Bateman of the County, to set up a new process. Ms. Korzun reported the City would be receiving more funds, although staff did not yet know how much more, because the County does not yet know how much it will receive from the Federal Government. She stated the City would receive 36% of the Planning Area totals, and 36% of the Countywide Housing project funds, explaining the 36% was based upon the City's proportionate share of the population of the County. She stated the increase in control, at a staff level, would be done by taking direct control of the largest amount of the funds, which is the Non -Public Service Sector, and having those applications come directly to the City Council for review, noting they have previously gone to a Planning Area committee, Regarding Public Service funds, she stated this was an area of possibly the largest competition, Countywide, for the smallest amount of money, pointing out it cannot exceed 15% of the total. She explained that because of the complicated nature of the approval and review process set up by the County, and everyone's satisfaction with that process, it was decided that this should be left alone. She noted this had been presented to County staff, as well as at a large meeting of most of the public service agencies, and they resoundingly asked that the process be left as it is. Ms. Korzun reported there would be a slight change in the way the Public Service funds are calculated, noting the County calculates it based on the gross amount of funds received, while the City will be calculating it based upon the net amount. She explained this would result in a decrease in the amount of money that goes to Public Services and while the public service providers felt this was unfortunate, it did mean a majority of that money would continue to flow to them. Ms. Korzun stated staff was proposing that the City take control of part of the process, and leave a large part of it intact. All applications would be filed with the County, on County forms, and then City and County staff would sort through them, sorting those that are Public Service, which would go to the County, and Non -Public Service, which would come to the City. She noted there were also a number of Non -Public Service projects that would be seeking funds from both the County and the City, for example, a project that would benefit other places in the County, as well as City residents, and those types of projects would be worked out jointly with the County, figuring out what amount of money would be coming from the City's funds, and then any application that involved Non -Public Service City funds to the Council for recommendation. She stated staff would begin doing this within the County's current timeframe, so when the area committees are meeting Countywide, the Council would be meeting as well, and acting, for the Non -Public Service funds, as the Local Area Committee had previously. Ms. Korzun stated staff was suggesting four priorities for the City projects: first, that the projects be City of San Rafael or San Rafael Redevelopment Agency initiated, or are joint partnerships with the City or Agency; second, projects would have to fulfill the requirements of HUD, as the City would not want to make a recommendation for something HUD would not accept; third, that the projects are affordable housing projects or community facility related activities within the San Rafael Planning area. She noted they have heard that housing is a major priority, as well as SRCC MINUTES (Regular) 12/6/99 Page 6 SRCC MINUTES (Regular) 12/6/99 Page 7 community related projects, such as improvements to parks and other such facilities; therefore, that is a type of project priority; fourth, that they are projects that will move forward quickly, have the greatest impact, and can be completed within a reasonable timeframe, noting staff would like to have a good-sized project that will have some impact, finish, and get out of the system fairly quickly. In terms of any kind of fiscal impact to the City, Ms. Korzun stated staff had not been able to determine any increased cost, noting the City would simply be working with the County to allocate money the City would already be receiving. Ms. Korzun referred to Attachment A, a formal statement of the City's Purpose, Priorities, Process, and Timing, noting it would be the City's intent to hand this out upon receiving inquiries regarding the process, as would the County. She noted if Council had changes to what was being proposed, the Attachment could be changed. Mayor Boro asked if the City would still be represented on the committee reviewing Public Service applications? Ms. Korzun stated Public Service requests would go to a Local Area Committee, and the City would be represented, noting Councilmembers Heller and Cohen had been serving on that Board and knew how it operated, and perhaps they might be willing to continue to serve. Councilmember Miller asked Ms. Korzun to explain, for the record, why the City was maintaining itself within the County structure, for the betterment of everyone. Ms. Korzun explained the City maintained itself within the County structure because it has worked so well for everyone, and there could be some question regarding the types of funds, and how the money could flow to the County. Ms. Korzun noted she had spoken with Roy Bateman of the County of Marin, Federal Grants Division, who reported he had spoken with a number of people at HUD to determine what the status of the County and the City would be if the City were to break off. She noted Mr. Bateman had informed her there was some confusion as to whether it would be grandfathered in or not, and pointed out that in the future, if there were to be new allocations made by the Federal Government, we could lose whatever status we currently have, as a County and a City, and all of the County, as well as the City could lose in the future. Therefore, it seemed best to focus on what the City was really interested in, which was directing some portion of these funds, and then to leave the rest of it alone, both for the benefit of the County, as well as the City. City Manager Gould pointed out the City of Novato would soon be in a position where it could make a similar decision, or it could choose to become an entitlement city of its own; however, he believed San Rafael's example would carry through with Novato, and keep the County coalition together, which allows the spending of CDBG funds in communities that would otherwise not be entitled to them. Elissa Giambastiani, President of the San Rafael Chamber of Commerce, stated she was pleased with staff's recommendation to keep the Community Service money with the County, because some of that money is used for affordable housing advocacy, and she believed we needed as much advocacy as we can get. Ms. Giambastiani stated she had some concern about the priorities, noting her main concern was referred to in Priorities, C, which states the City Council will give primary consideration to projects which are affordable housing projects or community facility related activities. She acknowledged the City had facilities that needed improvement, such as parks; however, she referred to the ABAG figures that came out this week, which show 1,900 more housing units are needed in San Rafael alone, noting she hoped one of the priorities for using these funds would be housing. Mayor Boro stated he believed that would be the City's intent, and although parks were mentioned, the City seemed to be doing a pretty good job with its parks already; however, there could be certain facilities, or some physical facilities of the parks, which the City might want to work on at some point, which has been identified as a goal of the City. He believed this would all be in concert with the Council's goals and objectives, and noted Housing was a very important goal and objective. Councilmember Cohen noted the staff report states that under this arrangement, the City would get a share of the Planning Area total, and a share of the Net Countywide Housing funds. He asked if that meant a portion of these funds was already earmarked for Housing, which would answer Ms. Giambastiani's question? Ms. Korzun stated that at the County level a cap is placed on how much can go into Public Service, because that is where the greatest demand is, and in addition, they set aside 40% for Housing; therefore, it was already earmarked. She stated the City was only earmarking 15% for Public Service, and the rest of it would for either SRCC MINUTES (Regular) 12/6/99 Page 7 SRCC MINUTES (Regular) 12/6/99 Page 8 Housing, or Community Related projects; therefore, if there were enough Housing projects out there, the City could take everything, 85%, and put it into Housing if we so chose. Councilmember Cohen asked if the City could take less than the portion represented by the County's 40%, and whether a future Council could, the way this is currently structured, decide to spend all of it on other community related facilities, and not spend any of the money on housing? Ms. Korzun stated that was correct, the way it is currently structured. Mr. Cohen stated that while he did not feel a change in the language needed to be made at this time, he did believe it had to be clear in the record that the intent is to continue to fund affordable housing as a very significant percentage. Regarding Community Facility Related Activity within the San Rafael Planning Area, Councilmember Cohen asked if that was intended to mean "public owned", or simply community facilities in general? Ms. Korzun stated it referred to community facilities in general. He asked if that meant this was not simply going to fund city parks, but rather a broad range of activities? Ms. Korzun stated that was correct. Economic Development Director Nancy Mackle referred to the line item which states HUD guidelines must be met; therefore, with anything that is done, findings must be made that the funds support low-income individuals, meaning community related facilities supporting a low-income population. City Manager Gould stated one of the primary reasons the City sought to negotiate this new arrangement was to allow the Council to use CDBG funds to augment the 20% set-aside funds from Redevelopment the City uses for housing activities, noting this would allow the City to stretch those dollars that much further. Councilmember Cohen moved and Councilmember Miller seconded, to approve the staff recommended Community Development Block Grant selection process and priorities, as listed in the attachment to the staff report. AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips Economic Development Director Nancy Mackle thanked Roy Bateman (who was in the audience) stating he had been a pleasure to work with. She noted it was hard to make a big change after so many years, and he and Katie Korzun had worked very hard to find a way to make this work for both the City and the County. COUNCILMEMBER REPORTS: 18. a. RE: MARIN EARTH DAY 2000 - File 104 Councilmember Cohen reported the City had received a letter and application with regard to Marin Earth Day 2000, suggesting the City participate. Mr. Cohen noted that although this will take place in April, the City is being urged to reserve a spot. He believed this was something that would be worthwhile for the City to participate in, and felt Council should make that decision, and reserve the space. Mayor Boro asked City Manager Gould to pursue this. b. RE: MUNICIPAL CODE ON-LINE - File 1-5 x 1-5-1 x 9-3-14 City Manager Gould announced the City Clerk's Office has implemented placement of the San Rafael Municipal Code on the Internet, and it can be found at cityofsanrafael.org. C. RE: GAP CLOSURE - File 11-16 x 171 x 9-3-40 Mayor boro announced he and Public Works Director David Bernardi attended a meeting with County Supervisors and representatives from Caltrans regarding the Gap Closure, and asked Mr. Bernardi to prepare a report for the Council. Mayor Boro noted Diane Steinhowser was promising the environmental document had been signed -off, and that the Federal Government representatives were anxious to sign it. He stated it should go out for a thirty -day public review in early February, then go in the Federal Public Register, after which they will begin dealing with the property owners and begin planning construction. Mr. Bernardi reported they were going to break up the project into three or four phases, beginning from the south and working north. He noted the first phase would be in a part of the project that does not need any right-of-way acquisition; therefore, they will begin at the Greenbrae Interchange, and coming over the hill to the I-580 Overcrossing. He stated this was scheduled to begin in the Fall of next year. SRCC MINUTES (Regular) 12/6/99 Page 8 SRCC MINUTES (Regular) 12/6/99 Page 9 Mayor Boro noted Caltrans was planning to take some property, and where they have to mitigate parking due to prior approvals on a site, they will use the sites they are taking for that. He stated there were other sites they were looking at that might only take a partial piece of the site, and the Redevelopment Agency will work with them on that. There being no further business, the City Council meeting was adjourned at 8:35 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1999 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/6/99 Page 9