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HomeMy WebLinkAboutCC Minutes 2000-08-07SRCC Minutes (Regular) 8/7/2000 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY. AUGUST 7. 2000 AT 9:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice -Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - COUNCIL CHAMBER - 7:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION - COUNCIL CHAMBER - 7:00 PM Conference with Real Property Negotiator (Government Code Section 54956.8) Property Address: Menzies Parking Lot (Mission Ave. at "E" Street); APN 11-162-017 Negotiating Parties: City of San Rafael, a California municipal corporation and MCF Property Holdings, Inc. a California public benefit corporation Under Negotiation: Instructions to negotiator with respect to terms and conditions City Attorney Gary Ragghianti announced no reportable action was taken. Mayor Boro announced that the Council would be deviating from their normal agenda by moving directly into the public hearing. 2. PUBLIC HEARING — TO CONSIDER AMENDMENTS TO THE APPROVED DEVELOPMENT AGREEMENT, ADOPTED PD (PLANNED DEVELOPMENT) DISTRICT AND APPROVED USE PERMIT FOR THE SAN RAFAEL CORPORATE CENTER (FORMERLY FAIR, ISAAC OFFICE PARK), A 406,000 SQUARE FOOT OFFICE PARK DEVELOPMENT (APNs 13-012-28, 13-021-19, & 13-021-42); LEASE PLAN NORTH AMERICA, INC. (FAIR, ISAAC AND COMPANY), PROPERTY OWNER; CORNERSTONE PROPERTIES LIMITED PARTNERSHIP, APPLICANT AND OPTIONEE (CD) — File 10-3 x 10-5 x 10-7 x (SRRA) R-405 x R-368 Mayor Boro declared the public hearing opened, and asked for the staff report. He noted for the record that Councilmember Phillips was recusing himself from discussion or vote on this item due to a potential conflict of interest. (Councilmember Phillips left the Council Chamber.) Interim Planning Manager Paul Jensen gave a brief history on the item. In February of 1998, the City approved the Fair, Isaac project, which included the construction of five office buildings on the central parcel of the site. The City approvals included a Planned Development zoning, a Use Permit, Design Review Permit and a Development Agreement, which guaranteed the City approvals of the project for 10 years, beginning 1998. The project also received a building height bonus approval for three of the five office buildings on the central campus. The City's General Plan and the Zoning Ordinance established a building height bonus program as part of a follow-up to the Downtown Vision process that allows a building height variance for projects that provide or propose public benefits. The public benefits are specific to certain sites and areas. For the Fair, Isaac site, two options were spelled out in both the General Plan and the Zoning Ordinance. One option was for the developer to provide for community use a 10,000 square -foot conference facility. The other option includes a park area along the Mahon Creek frontage that would be publicly accessible, yet privately maintained. When Fair, Isaac received their approvals, they opted to propose the conference center for two reasons; first, they did not wish public access through their campus, and secondly, because they envisioned the need for a large conference center of 10,000 square feet. Before the Council this evening is the proposal to reduce the size of the conference facility and to create a publicly accessible park on the south side of the campus. Changes to the Development SRCC Minutes (Regular) 8/7/2000 Page 1 SRCC Minutes (Regular) 8/7/2000 Page 2 Agreement are also proposed. The changes impact the development standard conditions in the Planning Development Zoning District as well as Use Permit Condition No. 2 for the office park. Mr. Jensen noted that the modifications, albeit minor, are subject to environmental review, under the California Environmental Quality Act (CEQA). In conjunction with the City Attorney's Office, it was determined that Staff should prepare an addendum to the originally certified Environmental Impact Report (EIR), a fairly comprehensive document prepared for this project. Staff felt an addendum would be appropriate for this project, as the changes were so minor as to not impact any of the findings in the original EIR or change any of the mitigation measures. Mr. Jensen noted that CEQA allows for the consideration of an addendum for very minor changes. He further noted the addendum is presented in memorandum form in the Council's staff report. In terms of Use Permit Condition No. 2 for the office park, Mr. Jensen explained that the condition was originally structured to address the use and operation of the 10,000 square feet of conference space. The condition is proposed to be changed to address the downsized facility and to also address the park. The use permit condition for the park has been structured to be divided into two categories, the first category being the day-to-day, general park access from dawn to dusk, which is consistent with how the City manages its own park system. Secondly, the condition addresses how to deal with special events and activities by appointment. The Park and Recreation Commission has reviewed the proposal and has unanimously recommended its approval, as has the Planning Commission. Mr. Jensen noted that no minutes were included in the packet because they were not prepared when the staff report was completed. Mr. Jensen referred the Council to page 27 of the proposal, which references information regarding the priority of use for the park area and the conference facility to homeowners associations, neighborhood groups, the City, schools in San Rafael, and non-profit organizations. Also included in that section is a recommendation that no user fee shall be charged to qualified users. Mr. Jensen recommended that in that section, under "B", which reads, "No userfeesha//be charged to qualifted users for special event use of the park area,,,'; the la ng u a g e "and 2,500 square feet of conference and meeting room space "should be added to that statement as well. Mr. Jensen reminded the Council that two resolutions and two ordinances are being presented before the Council for action this evening. Those items are listed in the order in which the Council should take action. Mayor Boro declared the public hearing opened and requested comments on Item A. Linda Bellatorre, 110 Bayo Vista Way, thanked the developer for including the priority clause. She noted a typographical error on page 24, section is of the Attachment to the Resolution, wherein the resolution states, "the private/y maintained, pub/ic/y accessib/e park use wouldbe consistent with the sites /and use designation of the Land Use Element (Lindaro Office) and would impact the appro ved office park use of the site or the maximum floor area ratio limits adopted for the site by Po/icy LU -14 (Intensity of Commercial and Industria/Development). She stated her understanding that the language should read, "wou/d not impact;,," Ms. Bellatorre remarked she had a problem with the reduction in the size of the conference facility. While it may be a good decision for the new developer to take the plan "as is" and simply tweak it a bit, that may not be in the public's best interest. Referring to the March 2"d, 1995 meeting minutes of the Downtown Advisor Group, for which she served as Chair, she quoted the following statement: "Lindaro office got a two-storyheight bonus for an urban park, a community facility, as part of the PD planned zoning" The minutes further state, "Mahon Creek wi//be upgraded with any developmentproposa/as part of the mitigation of the project, and any proposed park impro vements will be worked out with the Parks Department, The bonus should be for a generous park'; She stated her opinion that the park being proposed does not constitute a "generous" park and is certainly not what the group had in mind in its goal of a community facility. She also cited the following language regarding the Lindaro District policies: "Building heights are genera//y two to four stories, but density and height bonuses up to six stories for the landmark building are offered in exchange for the revision of substantial amenities, desired features, pub/ic facilities, and open space'; SRCC Minutes (Regular) 8/7/2000 Page 2 SRCC Minutes (Regular) 8/7/2000 Page 3 She stated the issue would likely "not go anywhere", and thanked the Council for listening in any event. Mayor Boro noted he recalled some of those discussions as well. He stated his understanding that what is being offered by this developer that was not being offered by Fair, Isaac is a community park that will be available on a full-time basis and maintained privately rather than by the City. He asked Ms. Bellatorre to state her definition of the term "community park" and what it would take to meet that term. Ms. Bellatorre stated that the DTAG committee envisioned in its schematic document a central plaza with buildings rimming the exterior of the site, adding that under the present scenario, that concept would no longer work. She stated her concern for the proposed placement of the park, noting that it is located at the rear of the site, between two buildings, with the access on Lincoln being across from the corporation yard and the access on Lindaro being in a very "iffy" part of town. Councilmember Cohen thanked Ms. Bellatorre for raising very valid points. He stated his opinion that while the City is giving up 7, 500 square feet of community meeting space, it is getting an acre of park space it previously has not had. The additional acre, coupled with the improvements to Mahon Creek, will create a wonderful public benefit. In addition, the City did not, in 1995, anticipate the Court Street Plaza. As such, the $150,000 this project contributes to that plaza speaks to the gathering place Ms. Bellatorre and DTAG envisioned. Further, the current proposal is an improvement over Fair, Isaac's in that the City is being offered reciprocal parking, which is desperately needed for the overall enhancement of downtown, and particularly for Albert Park. Overall, the proposal is within the spirit of the Vision and for the downtown. Councilmember Miller acknowledged Ms. Bellatorre's efforts, and offered his opinion that the current proposal is the best deal possible. Ms. Balletorre responded she simply hoped the park, given its proposed location, would be well used. Councilmember Heller echoed Councilmember Cohen's sentiments. She noted that she and Ms. Bellatorre "raised their babies together", recalling that when their children were small, they would have been happy to find any park in which their children could play. Lori Schiffren, San Rafael resident, asked the Council what the City was getting in return for the Wilson's three floors. She stated her concern that the community would be losing a meeting place that would hold approximately 1,425 people in exchange for one with a capacity of only 350 people. Mayor Boro responded he could not think of too many meetings that would attract 1,400 people; however, many, many people would visit a one -acre, fully maintained park on a regular basis. Further, the community would use a 350 -seat community meeting space more than a 10,000 square foot facility. Ms. Schiffren reiterated her position that the City would not be getting the fair part of the bargain in the trade. Further, the park proposal makes no sense in that it is being built across the street from an already existing park. She then asked the Council how they would address the issue of homeless people occupying the park benches, a question she posed at the last Planning Commission meeting. Mayor Boro assured Ms. Schiffren that the City would find ways to deal with the issue, adding that this is a problem that many other cities face. Ms. Schiffren then asked the Council to describe the term "high quality tenant". Mayor Boro explained that the City's expectation is that there will be a number of major tenants occupying the site, one or more of whom will be household names. Having reviewed Mr. Sullivan's list of clients for several of their other properties, he stated he would be quite satisfied with any tenants chosen for this site. Further, Wilson is giving the City discretion as to what a "high quality tenant" should constitute and putting $250,000 on the line to that end, should the City question their selection. Ms. Schiffren then inquired as to how the $3,100,000 being contributed by Fair, Isaac would be allocated. Mayor Boro responded that once the money is received, it would be budgeted in accordance with the City's priorities. He noted that discussion of the budget would be held on August 21st. City Manager Gould interjected his recommendation that the Council postpone the decision as to how to allocate the funds, as bids concerning other City projects have yet to be received and considered. Further, the State has yet to take action on several bills that will have a bearing on the City's financial condition. Ms. Schiffren stated her understanding that the monies would go toward Pickleweed Park. Mayor Boro stated that no decision has been made in that regard. SRCC Minutes (Regular) 8/7/2000 Page 3 SRCC Minutes (Regular) 8/7/2000 Page 4 Ms. Schiffren then asked the Council if the height bonus was actually necessary. Community Development Director Bob Brown clarified that the height bonus is not to provide, as Ms. Schiffren characterized, additional floors of offices. Rather, the bonus allows for decorative tower elements, entry features, and to facilitate higher floor to ceiling heights. He explained that Fair, Isaac designed the building with a great deal of interstitial space to house electronics. That original design is being maintained. With regard to the loss of the meeting space, Mr. Brown pointed out that the Marin Community Foundation, to be located across the street from City Hall, will provide approximately 5,000 square feet of additional meeting space. Ms. Schiffren then stated her opinion that the reduction of conference space and the elimination of the originally proposed cafeteria create a great deal more rentable space, and thus, much more traffic. Mr. Brown pointed out that the EIR prepared for the project anticipated the entire square footage of the project as office space. No discount was given for the public meeting space or cafeteria. Lastly, Ms. Schiffren stated she could not imagine how a builder or developer could control traffic. While the City is responsible for the companies they choose, they are not responsible for their traffic management plans. She urged the Council to consider that fact. Mayor Boro stated that before any permits are issued, the applicant must submit a traffic management plan for approval by the City. Ms. Schiffren concluded her comments by stating she couldn't imagine working at the site without driving her car there. There being no further comments from the audience, Mayor Boro closed the public hearing and brought the matter to the Council for action. Councilmember Miller moved and Councilmember Cohen seconded, that the City Council adopt the Resolution. RESOLUTION NO. 10683 - RESOLUTION ADOPTING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE FAIR, ISAAC OFFICE PARK DEVELOPMENT SOUTH OF SECOND STREET, FRONTING LINDARO STREET Et LINCOLN AVENUE APN 13-012-28 (ptn.), 13-021-19 AND 13-021-42 AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT/DISQUALIFIED: COUNCILMEMBERS: Phillips (due to conflict of interest) Mayor Boro reopened the public hearing for the second item, the recommendation to pass an ordinance to print amending Ordinance 1721. There being no comments from the audience, Mayor Boro closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE 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 PD (PLANNED DEVELOPMENT ORDINANCE 1721) DISTRICT TO PD (PLANNED DEVELOPMENT ORDINANCE 1754) DISTRICT FOR THE SAN RAFAEL COROPORATE CENTER MASTER PLAN (FORMERLY FAIR, ISAAC OFFICE PARK MASTER PLAN) (RE: ZC-97-213, SECOND STREET, LINDARO STREET, AND LINCOLN AVENUE; AP NOS. 13-012-28 [ptn.], 13-021-19 AND 13-021-42)" Councilmember Heller moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety, and to refer to it by title only, and pass Ordinance No. 1754 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Mayor Bora NOES: COUNCILMEMBERS: None ABSENT/DISQUALIFIED: COUNCILMEMBERS: Phillips (due to conflict of interest) Mayor Boro reopened the public hearing for the third element of the amendments, for which Mr. Jensen had two corrections to offer. First, Mr. Jensen requested the Council accept the correction raised by Ms. Bellatorre regarding insertion of the word "not" on page 24, Finding la, of the Attachment to the Resolution. Secondly, as mentioned in the presentation, Mr. Jensen recommended the Council add the words "and 2,500 square feet of conference meeting SRCC Minutes (Regular) 8/7/2000 Page 4 SRCC Minutes (Regular) 8/7/2000 Page 5 room"to the last sentence under section b, on page 27, (Special Events and Activities), Use Permit Condition No. 2, regarding no user fees for the park area. Councilmember Cohen suggested the addition of the word "or" to the language so that the sentence reads, "No user fees shall be charged to qualified users for special event use of the park area and or the 2,500 square foot conference and meeting room space, except for deposit fees required for clean-up and security'; Councilmember Cohen moved and Councilmember Miller seconded, that the City Council adopt the Resolution as modified. RESOLUTION NO. 10684 - RESOLUTION APPROVING AN AMENDMENT TO RESOLUTION 10025, USE PERMIT (UP 97-1013) CONDITION NO. 2 FOR THE 406,000 SQUARE FOOT SAN RAFAEL CORPORATE CENTER DEVELOPMENT (FORMERLY FAIR, ISAAC OFFICE PARK DEVELOPMENT) ON 15+ ACRES LOCATED SOUTH OF SECOND STREET, AND FRONTING LINDARO STREET Et LINCOLN AVENUE APN 13-012-28 (ptn.), 13-021-19 and 13-021-42, as amended: Use Permit Amendment Finding 1a) on hand -numbered page 24 of the City Council report is amended to read: " ... and would not impact the approved office use of the site or ..." Use Permit Condition No. 2b (Special Events and Activities) on hand -numbered page 27 of the City Council report is amended to read: "No user fees shall be charged to qualified users for special event use of the park area and/or the 2,500 square foot conference/meeting room area, except for deposit fees required for clean-up and security ..." AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Mayor Bora NOES: COUNCILMEMBERS: None ABSENT/DISQUALIFIED: COUNCILMEMBERS: Phillips (due to conflict of interest) Mayor Boro then reopened the public hearing for the last action item, which concerns the recommendation to pass an ordinance to print approving the amendment to the Development Agreement and authorizing execution of amendments to the Development Agreement. Mayor Boro noted this item deals specifically with the issue Councilmember Cohen raised earlier with respect to the monies coming from Fair, Isaac to the City. Councilmember Cohen stated his understanding is that in approving this ordinance, the City is indicating it is going to attempt to agree on a capital improvement project toward which the $1,300,000 can be applied. However, failing their ability to reach agreement with Fair, Isaac, the City retains the right to determine how the money is to be spent, keeping in mind Fair, Isaac's desires. City Manager Gould stated Councilmember Cohen was correct in his understanding. There being no public comment, Mayor Boro closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT (ORDINANCE 1722) FOR THE SAN RAFAEL CORPORATE CENTER (FORMERLY FAIR, ISAAC OFFICE PARK) AT SECOND STREET, LINDARO STREET AND LINCOLN AVENUE (AP NOS. 13-012- 28 [ptn.], 13-021-19 AND 13-021-42) AND AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE DEVELOPMENT AGREEMENT" Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety, and to refer to it by name only, and to pass Ordinance No. 1755 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT/DISQUALIFIED: COUNCILMEMBERS: Phillips (due to conflict of interest) Mayor Boro announced the conclusion of the Council's actions with respect to this project. The Mayor then thanked Staff and the developers, particularly Mr. Sullivan, for the tremendous efforts all parties involved have contributed. He welcomed Wilson/Equity Office to the City of San Rafael, adding the City is very pleased to have them on board. Mayor Boro noted that approximately 110 housing units, 15 percent of which will be at a 60 percent affordable rate, are slated for SRCC Minutes (Regular) 8/7/2000 Page 5 SRCC Minutes (Regular) 8/7/2000 Page 6 development adjacent to the subject site. He remarked he hoped that perhaps some of the individuals working at the San Rafael Corporate Center would have an opportunity to reside at either that site or the Macy's site, which will provide 110 housing units as well. (Councilmember Phillips returned to the Council chamber.) Before hearing the next public hearing matter, Mayor Boro requested the Council act on Consent Calendar Item 5 and Special Presentation Item 15, the Resolution of Appreciation to Getty Ejigou, Network Analyst, as Employee of the Quarter Ending June 30,2000. 5. RESOLUTION OF APPRECIATION TO GETTY EJIGOU, NETWORK ANALYST, AS EMPLOYEE OF THE QUARTER ENDING JUNE 30, 2000 — File 102 x 9-3-20 x 7-4 Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 10685 - RESOLUTION OF APPRECIATION TO GETTY EJIGOU, NETWORK ANALYST, AS EMPLOYEE OF THE QUARTER ENDING JUNE 30, 2000 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PRESENTATION OF RESOLUTION OF APPRECIATION TO GETTY EJIGOU, NETWORK ANALYST, AS EMPLOYEE OF THE QUARTER ENDING JUNE 30, 2000 (CM) — File 102 x 9-3-20 x 7-4 The Council then joined Mr. Ejigou at the podium. Mayor Boro commended Mr. Ejigou for his tireless efforts in working as a MIS technician for the City of San Rafael. Presenting Mr. Ejigou his Resolution of Appreciation, Mayor Boro congratulated Mr. Ejigou and thanked him for his fine work on behalf of the entire Council. Mr. Ejigou thanked the Council and his colleagues for their nomination and their support. PUBLIC HEARING: 3. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2000-2001 (PW) -- File 6-48 Public Works Director David Bernardi reported the Resolution before the Council this evening confirms the Assessment Diagram, the amount of the assessment, and the levying of the assessment for 2000-2001. Staff is recommending the Council adopt the Resolution. Mr. Bernardi noted that the amount of the assessment remains the same as it has been for the last eight years. As was the case last year, this year's funds will be put toward the removal of cattails. The Engineer's Report speaks to a five-year program to eradicate the cattails over time, as there is not enough funding within the body of the Assessment District to accomplish that goal at one time. With this assessment, approximately $50,000, or slightly over half the funded amount for the project, will be available to remove cattails. Mr. Bernardi noted Staff is working with the contractor who has specialized equipment to handle the project. Further, Staff is meeting with Jean Starkweather to work out the details of how to bring the equipment into the lagoon. A floating barge will scoop the cattails out of the lagoon and bring them to the shore. Councilmember Heller inquired as to whether the barge would be left at the site after completion of this phase and until funding for the next phase occurs. Mr. Bernardi explained that the contractor would remove the barge upon completion of this phase, with a plan to return next year when more funds are made available for the next phase of the project. Mr. Bernardi noted the contractor recognizes this is an incremental project and has other uses for his equipment elsewhere throughout the Bay Area. Councilmember Miller quipped, "If it's okay with Jean Starkweather, it's okay by me" Mayor Boro asked how the City is dealing with the Spinnaker Point issue. Mr. Bernardi responded that they have made a contribution towards this project. The Baypoint Lagoons Homeowners Association recognizes that they cannot spend the money in their area alone. According to the SRCC Minutes (Regular) 8/7/2000 Page 6 SRCC Minutes (Regular) 8/7/2000 Page 7 management report, they will have to selectively remove cattails from the perimeter, as well as from a couple of the islands. Mayor Boro opened the public hearing and invited public comment on the item. Jean Sward, President of the Baypoint Homeowners Association, noted this is the third August meeting she has attended concerning the cattail issue. She thanked Mr. Bernardi and the Council for "hanging in there" as they developed their plan to preserve their lagoon. Mayor Boro thanked Ms. Sward in turn for her community support, adding that the lagoon is a beautiful natural resource that the City is intent on maintaining. Councilmember Phillips moved and Councilmember Miller seconded, that the City Council adopt the Resolution. RESOLUTION NO. 10686 - AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CONSENT CALENDAR: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2000-2001 - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) Cohen, Heller, Miller, Phillips & Mayor Boro None None Councilmember Phillips moved and Councilmember Heller seconded, to approve the Consent Calendar with the exception of Item 5, as previously addressed: ITEM 4. Approval of Minutes of Regular Meeting of Monday, July 17, 2000 (CC) 6. Monthly Investment Report for Month Ending June, 2000 (MS) — File 8-18-x 8-9 7. Resolution Authorizing the City Manager to Sign Contract Documents with the Department of Education to Provide Child Care (Latchkey) Services in the Amount of $88,825.00 (CS) — File 4-10-238 x 9-3-65 8. Resolution Authorizing the City Manager to Sign Contract Documents with the Department of Education for State Preschool Services (Pickleweed Children's Center) in the Amount of $133,290.00 (CS) — File 4-10-238 x 9-3-65 9. Resolution Approving the Temporary Closure of Mission Avenue Between "C" and "E" Streets on Sunday, August 27, from 11 a.m. to 6 p.m. to Accommodate Pedestrian Traffic to a Summer Concert at Falkirk Cultural Center (Cult. Aff.) — File 11-19 x 9-3-84 10. Resolution Authorizing the City Manager to Execute an Agreement (MOU) with County of Marin Operational Area to Provide Emergency Management Services (July 1, 2000 through June 30, 2001) (FD) -- File 4-13-99 x 9-3-31 RECOMMENDED ACTION Minutes approved as submitted. Accepted Monthly Investment Report for Month Ending June, 2000, as presented. RESOLUTION NO. 10687 - RESOLUTION TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION AND AUTHORIZES THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS FOR EXTENDED DAY CARE (LATCHKEY) SERVICES IN THE AMOUNT OF $88,825.00. RESOLUTION NO. 10688 - RESOLUTION TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION AND AUTHORIZES THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS FOR STATE PRESCHOOL SERVICES IN THE AMOUNT OF $133,290.00. RESOLUTION NO. 10689 - RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE BETWEEN "C" STREET AND "E" STREET FOR THE ANNUAL FALKIRK SUMMER CONCERT (from 11:00 a. m. to 6:00 p.m.) RESOLUTION NO. 10690 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (MOU) WITH COUNTY OF MARIN OPERATIONAL AREA TO PROVIDE EMERGENCY MANAGEMENT SERVICES (Commencing July 1, 2000 through June 30, 2001). SRCC Minutes (Regular) 8/7/2000 Page 7 SRCC Minutes (Regular) 8/7/2000 Page 8 11. Responses to Grand Jury Reports: (FD) — File 9-3-31 ACCEPTED RESPONSES, AUTHORIZED MAYOR a. Paramedic Third Party Billing TO SIGN RESPONSES, AND DIRECTED STAFF b. Marin County Paramedic System TO FORWARD RESPONSES TO THE GRAND JURY. 12. Resolution Authorizing the Mayor to Execute an Agreement Between the City of San Rafael and Mr. and Mrs. Glen Dowling Regarding Future Annexation of Real Property, APN 016-041-23, to the City of San Rafael (PW) — File 5-2-97 13. Resolution Approving Parcel Map of Subdivision Entitled "Lands of West End Nursery" (2501 O.R. 236, 3147 O.R. 427, DN 82-033361 & DN 1999- 0073831) Being a Portion of Lots 27 and 29 Forbes Reserve Map 1 (1 RM 126) (PW) — File 5-6-7 14. Resolution Authorizing an Amendment to Extend the Core Natural Gas Sales and Aggregation Agreement Between the City of San Rafael and Other Local Government Agencies and the Association of Bay Area Governments (ABAG) (PW) — File 111 RESOLUTION NO. 10691 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND MR. AND MRS. GLEN DOWLING REGARDING FUTURE ANNEXATION OF REAL PROPERTY, APN 016-041-23, TO THE CITY OF SAN RAFAEL. RESOLUTION NO. 10692 - RESOLUTION APPROVING A PARCEL MAP ENTITLED, "PARCEL MAP LANDS OF WEST END NURSERY (2501 O.R. 236, 3147 O.R. 427, DN 82-033361 Et DN 1999-0073831)" RESOLUTION NO. 10693 - RESOLUTION AUTHORIZING AN AMENDMENT TO EXTEND THE CORE NATURAL GAS SALES AND AGGREGATION AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND OTHER LOCAL GOVERNMENT AGENCIES AND THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG ) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (from Item 14 only, due to conflict of interest) A9:14F10aj*1 Q11 Ire7►p 16. PRESENTATION BY DR. PAVEL SVIHRA REGARDING SUDDEN OAK DEATH SYNDROME (PW) — File 11-6 x 109 Park Superintendent Tom Rothenberger introduced entomologist Dr. Pavel Svihra to discuss the item. Dr. Svihra reported that in 1995, after studying the dieback of the City's tan oak trees by both ambrosia and bark beetles, he wrote several letters informing the City's public officials that the situation would become a very serious environmental problem, which it has. Today, the problem is both a critical environmental issue as well as a fire hazard. In his attempts to unearth the cause of these tree deaths, Dr. Svihra sent eight samples of the diseased trees for analysis to three different laboratories throughout the State. To his dismay, no pathogens could be identified. With the support of Park Superintendent Rothenberger, however, Dr. Svihra was able to perform very significant research studies that ultimately benefited counties from Mendocino to Santa Barbara, the results of which are being implemented today. The studies revealed that in addition to the havoc the ambrosia and bark beetles are wreaking on the trees, a fungus is apparently contributing to their demise as well. The "bleeding" pattern the beetles cause in the trees result in the fungal invasion, and ultimately, the death of the trees. Dr. Svihra explained that of the fifteen varieties of oaks found commonly in California, only seven are native. Most affected by this disease are the California Black, Coast Live, and tanoak varieties. Currently, there are confirmed samples of the fungus from four locations on live oaks, four on black oaks, and three locations on tanoaks, all of which indicate the same pathogen. The species, however, is still unknown. Dr. Svihra noted that he coined the term "Sudden Oak Death Syndrome", although some feel the term is a misnomer in that once a tree is discovered to be diseased, it takes approximately two weeks to die. SRCC Minutes (Regular) 8/7/2000 Page 8 SRCC Minutes (Regular) 8/7/2000 Page 9 While the preferred method of pest control is by natural forces rather than chemicals, in this case, because such a large number of trees are affected, there was no choice but to rely on chemical treatment. Dr. Svihra noted that after careful study, the chemical Astro was chosen to combat the problem. Astro was chosen to fight the beetle because while being a very potent poison, studies indicate it is quite benign in its impact to the environment. Last year, 14 diseased trees were treated with Astro, with a first application being administered in June and a second applied in August. Currently, the trees are green and appear healthy. However, the internal integrity of the trees is not known. A large research team consisting of several entomologists, plant pathologists, ecologists and environmentalists has been organized to further study the issue. In terms of strategy, the authorities have concluded that while diseased trees in forest areas will necessarily take their natural course, every effort should be made to preserve the diseased trees located in residential areas. Councilmember Miller complimented Dr. Svihra on his use of the term "sudden", relating to the death of the trees, adding in his opinion that a dead tree, healthy just two weeks earlier, constitutes sudden death. Councilmember Cohen asked if he understood Dr. Svihra correctly that a course of treatment has been identified that would not be devastating to the environment. Dr. Svhira stated that is their hope. He explained that in the phytophthora family, there are two types of fungi; that which prospers in the summer, the other in the winter. The winter fungi rely on the rainy season to proliferate. Therefore, very little can be done to fight the diseased forest trees. However, on the home grounds, there is tremendous potential for preventing the disease. Dr. Svihra noted that a public awareness campaign would be launched through radio, television, and publications urging the community to observe trees in their neighborhoods during the spring and fall for any sign of disease. He noted that a very important and easy preventative measure in sustaining the survivability of the trees is to remove debris around the base of the trees. Mr. Rothenberger concluded discussion on the subject by commenting that this is a native problem involving multiple pests. While researchers are looking closely at the issue, the science is still being worked out. He noted that the Parks Department keeps a close watch on open space, watching out particularly for issues of liability. Mayor Boro asked Mr. Rothenberger how many trees he estimated have been affected thus far. Mr. Rothenberger responded that while he didn't have any numbers, a high percentage of the trees found in the peninsula extending from Pt. San Pedro all the way to the Dominican area are diseased. Tree loss is very low in the area across the freeway. He noted that one of the test plots located in China Camp has shown that up to 40 percent of the trees are diseased. 17. COUNCIL CONSIDERATION: NEW BUSINESS: DESIGNATION OF VOTING DELEGATE AND VOTING ALTERNATE FOR LEAGUE ANNUAL CONFERENCE BUSINESS MEETING ON SATURDAY, SEPTEMBER 9, 2000 AT THE ANAHEIM CONVENTION CENTER (CC) — File 9-11-1 x 9-1 Councilmember Heller announced that having been asked, she would be happy to accept the nomination for this conference. Councilmember Cohen moved and Councilmember Miller seconded, that the City Council authorize Vice -Mayor Barbara Heller as the Council's voting delegate and Mayor Al Boro as the Council's voting alternate for the League of California Cities Annual Conference Business Meeting on Saturday, September 9, 2000, at the Anaheim Convention Center. There was Council consensus without a roll call vote. Councilmember Heller noted that accordingly, she would not be present for the Council meeting scheduled the same week as the conference. SRCC Minutes (Regular) 8/7/2000 Page 9 SRCC Minutes (Regular) 8/7/2000 Page 10 18. CITY MANAGER'S REPORT - File 9-3-11: City Manager Rod Gould began his report by noting that both the City's Police and Fire Chiefs were on hand to make announcements. a. INTRODUCTION OF NEW FIRE DEPARTMENT BATTALION CHIEF — File 9-3-31 x 7-4 Fire Chief Marcucci introduced newly appointed Battalion Chief/Training Stanley Fernandez to the Council and the community. Chief Mancucci noted Chief Fernandez comes to the City from Moffett Field, where he was Assistant Chief in Charge of Operations. Mayor Boro welcomed Chief Fernandez to the Department. b. BRIEFING BY POLICE CHIEF SANCHEZ REGARDING AN INCIDENT INVOLVING A POTENTIAL SUICIDE IN THE CANAL AREA — File 9-3-30 Police Chief Cam Sanchez reported that this afternoon boaters discovered a 39 -year-old gentleman swimming in the canal with a gun in his backpack. When police arrived, they found the man hiding under one of the decks behind the Seafood Peddler restaurant. Police then evacuated the area behind Montecito Plaza. Eventually, they were able to close in on the man, and the negotiating team was able to persuade the man to get out of the water. The man then exited the canal without incident. A total of 20 officers were on the scene, evacuating the area and controlling vehicle, foot and boat traffic. Chief Sanchez stated his belief that the man was definitely intent on having police officers accomplish his goal of suicide, adding that fortunately, the team's discipline and training kept them from acting in that regard. He noted that the Sheriff's scuba team is at this moment searching the water for one or possibly two weapons the man may have had in his possession. Chief Sanchez then commended the entire police team for their tremendous efforts. Continuing with his report, Mr. Gould reported that this afternoon, he and Assistant City Manager Ken Nordhoff met with Mayor Boro to discuss a draft of the Parking Management Study that has been long in development. It became clear, as that discussion progressed, that there were still many gaps in need of filling in in order to provide the Council with the information and advice for making policy on parking in the downtown. Staff is hoping to provide an opportunity for the Council to come together for a half day or longer in late September to receive that information and provide direction to Staff in that regard. Mayor Boro has suggested perhaps a subcommittee of the Council be appointed to meet with and assist Staff in moving that process forward. Councilmember Phillips offered to serve on the subcommittee, along with Mayor Bora Mr. Gould made the observation that Beth Winegarner, editor and writer of the weekly San Rafael Newspointerwas present in the audience to report on the Council's policy making and community input on this issue. On the other hand, when Lydia Romero asked the editor of the Marin Independent Journal why they were not going to send a reporter to cover tonight's meeting, the answer was that they were well aware of what was on the agenda, and it was clear what the Council would da As such, there was no need to send a reporter to cover the meeting. COUNCILMEMBER REPORTS: None. There being no further business, the City Council meeting was adjourned at 10:14 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 2000 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 8/7/2000 Page 10