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)
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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.
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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.
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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
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