HomeMy WebLinkAboutCC Minutes 2001-02-20SRCC Minutes (Regular) 02/20/2001 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 20, 2001 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, Assistant City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM:
Mayor Boro announced the Closed Session items.
CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM:
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Barbara Heller, Councilmember
Gary 0. Phillips, Councilmember
Absent: Paul M. Cohen, Councilmember
(Arrived at 9:25 p.m.)
a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Weiql & Lamb v. City of San Rafael, et al.
Marin County Superior Court Case No. 175230
b) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al v. City of San Rafael
U.S. District Court, Northern Dist. of CA, Case No. C003785VRW
Assistant City Attorney Gus Guinan, announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as
follows:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Monday, Minutes approved as submitted.
February 5, 2001 (CC)
Call for Applications for Appointments to Fill Two,
Four -Year Terms on the Fire Commission Due to
Expiration of Terms of Richard Heine and Mary Ellen
Irwin (Terms to Expire End of March, 2005) (CC) —
File 9-2-5
Approved staff recommendation:
a) Called for applications to fill two,
four-year terms on the Fire
Commission to the end of March,
2005;
b) b) Set date for receipt of applications
for Tuesday, March 13, 2001 at 12
Noon in the City Clerk's Office, Room
209; and
c) Set date for interviews of applicants
at a Special City Council meeting to
be held on Monday, March 19, 2001,
commencing at 6:30 p.m.
SRCC Minutes (Regular) 02/20/2001 Page 1
CONSENT CALENDAR (Cont.):
SRCC Minutes (Regular) 02/20/2001 Page 2
RECOMMENDED ACTION
4. Request for Amicus Participation: (CA)- File 9-3-16 Approved amicus participation.
Report to Council. Flying Dutchman Park, Inc. v. City
and County of San Francisco
(SF Superior Court No. A092504 -
California 1s' District Court of Appeal)
Confirmation of Bicycle and Pedestrian Advisory Confirmed the appointments of Ashley
Committee Youth Appointees - Terms to Expire Bettini and Christopher Goff to fill two
February 2002 (CM) -File 9-2-55 youth positions on the Bicycle and
Pedestrian Advisory Committee. Both
terms to expire in February 2002.
6. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1759 -AN ORDINANCE OF THE
CITY OF SAN RAFAEL AMENDING THE ZONING
MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY
SECTION 14.01.020 OF THE MUNICIPAL CODE
OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM
PLANNED DEVELOPMENT - HILLSIDE OVERLAY
(PD -H) DISTRICT TO PLANNED DEVELOPMENT -
HILLSIDE OVERLAY DISTRICT AND PREZONING
(PD ORDINANCE NO. 1759) TO ALLOW FOR
THREE SINGLE FAMILY RESIDENTIAL LOTS
LOCATED AT HIGHLAND AVENUE AND DEER
PARK AVENUE (DOMINICAN ESTATES) (Re:
ZC99-7, Intersection of Highland Avenue and Deer
Park Avenue) (APN 015-163-02 and 04) (CD) -
File 10-3 x 10-5 x 10-7
8. Report on Bid Opening and Resolution Awarding
Contract for East San Rafael Traffic Operational
Improvements Phase IIA, Project No. 046-4610-468-
8000 (Bid Opening Held on Tuesday, February 13,
2001) (PW) - File 4-1-529 x 11-1
9. Report on Bid Opening and Resolution Awarding
Contract for Traffic Signal Light Emitting Diode (LED)
Project (PW) - File 4-1-528 x 11-10
Approved final adoption of Ordinance
No.1759.
RESOLUTION NO. 10772 -
RESOLUTION AWARDING CONTRACT
FOR EAST SAN RAFAEL TRAFFIC
OPERATIONAL IMPROVEMENTS PHASE
IIA, PROJECT NO. 046-4610-468-8000 TO
MAGGIORA & GHILOTTI, INC., IN THE
AMOUNT OF $237,887.00 AND
ALLOCATE AN ADDITIONAL $36,000.00
IN FUNDING OUT OF THE EAST SAN
RAFAEL TRAFFIC MITIGATION FUND
(Lowest responsible bidder.)
RESOLUTION NO. 10773 -
RESOLUTION REJECTING THE BID
FROM COMPETITIVE RESOURCES FOR
BEING NON-RESPONSIVE AND
AWARDING THE CONTRACT FOR
TRAFFIC SIGNAL LIGHT EMITTING
DIODE (LED), PROJECT NO. 019-4438-
757-8000, TO REPUBLIC ELECTRIC, IN
THE AMOUNT OF $415,414.90
SRCC Minutes (Regular) 02/20/2001 Page 2
10. Adoption of a Resolution Accepting a Grant in the
Amount of $4,000 From the Department of Boating
and Waterways for the Development of a Boat
Pumpout/Dump Station Facility at
616 Canal Street and Authorizing Public Works
Director to Sign an Agreement Accepting the Terms
of a Grant, and Adoption of a Resolution Authorizing
the City Manager to Sign an Agreement Between the
City of San Rafael and A.A. Carrico For a Marine
Sewage Pump Out and Discharge Facility on The
San Rafael Canal at 616 Canal Street (PW) —
File 4-10-321 x 13-2 x 12-6 x 3-3-53
SRCC Minutes (Regular) 02/20/2001 Page 3
RESOLUTION NO. 10774 —
RESOLUTION ACCEPTING A GRANT IN
THE AMOUNT OF $4,000 FROM THE
DEPARTMENT OF BOATING AND
WATERWAYS FOR THE DEVELOPMENT
OF A BOAT PUMPOUT / DUMP STATION
FACILITY AT 616 CANAL STREET AND
AUTHORIZING PUBLIC WORKS
DIRECTOR TO SIGN AN AGREEMENT
ACCEPTING THE TERMS OF A GRANT
RESOLUTION NO. 10775 — RESOLUTION
AUTHORIZING THE CITY MANAGER TO
SIGN AN AGREEMENT BETWEEN CITY
OF SAN RAFAEL AND A. A.CARRICO,
OWNER OF 616 CANAL STREET, FOR A
MARINE SEWAGE PUMP -OUT AND
DISCHARGE FACILITY ON THE SAN
RAFAEL CANAL AT 616 CANAL STREET
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS Cohen
The following items were removed from the Consent Calendar for discussion:
7. ACCEPTANCE OF FY 1999/00 FINANCIAL AUDIT; GANN APPROPRIATION LIMIT REPORT;
AND THE MANAGEMENT LETTER (MS) — FILE 8-9 x 9-3-20
Councilmember Miller requested further explanation regarding Governmental Accounting Principle
No. 34. Assistant City Manager Nordhoff stated that several years ago the Governmental
Accounting Standards Board, which regulates financial reporting for cities, special districts and
state and county agencies throughout the country, changed the reporting requirements and
therefore, for the fiscal year audit for the year 2002-03 the City will be required, as the private
sector has for some time, to take a full inventory and account for all city owned assets, value them
and amortize or depreciate those costs over various lifecycles. He will be working with Public
Works on the scope of this work this Spring and will bring a recommendation as part of the budget
process. Mr. Nordhoff assumed additional engineering work would be required to put valuations on
all of the City's assets. He reported that this is in essence, a reporting mandate, and compliance is
required in order to maintain the unqualified opinions, which are the best to be obtained, in the
annual audit.
Councilmember Miller requested an expansion on the purchasing agent item, specifically why we
do not have a purchasing agent and what steps are being taken currently because of this.
Responding, Mr. Nordhoff stated that for several years the City had been using a decentralized
purchasing process where, because of set departmental budgets, purchases are permitted within a
certain set of policies. Some of these are done at departmental level, some of the processes move
forward through finance and require certain levels of approval, while others go out to competitive
bid and come before the City Council.
Mr. Nordhoff noted that the City is in the process of evaluating the replacement of the finance
system, which has some current limitations in that data cannot be shared across departments. It is
anticipated a new finance system would provide some of these solutions. Action has not been
taken as yet; however, Mr. Nordhoff stated he is evaluating recommending a purchasing agent and
converting all of the City's procedures back through a centralized process. To this end, there will
be discussions with departments relative to the acquisition of the new software, which will take care
of some of the necessary controls.
Councilmember Miller moved and Councilmember Phillips seconded, to accept the reports.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS Cohen
SRCC Minutes (Regular) 02/20/2001 Page 3
SRCC Minutes (Regular) 02/20/2001 Page 4
11. REPORT ON ENERGY CONSERVATION MEASURES (PW)- FILE 180 x 9-3-40
Mayor Boro thanked Public Works Director, David Bernardi, for the report, stating he was pleased
to note that with some of the steps already taken by the City, and with the conversion of traffic
signals to light emitting diode (LED), the 7% reduction requested by the Governor would be
achieved.
There are a number of other possibilities to be considered further to conserve energy, but Mayor
Boro wished to state for the record that he would not support closing City Hall for one day per
week. Should we need to conserve energy beyond the initial limit set, and in order to maintain the
operation of City Hall, the power generator could be used one day per week to maintain the
building open, thereby cutting back on electricity use, but hopefully present conditions will not
prevail indefinitely and the City can continue business as normal.
Councilmember Miller stated this sentiment should be extended to all buildings, emphasizing the
Recreation Centers, which are basic homes for communities and should be open at all times for
neighborhood use.
Councilmember Heller requested clarification on the measure to turn off the heat at 5:30 p.m.,
stating this perhaps could work in the remainder of City Hall, but as the Council Chamber is used
by the public she questioned if there was a separate system whereby the Council Chamber could
be heated nominally.
Mr. Bernardi stated some work needed to be done to the 35 year old heating and air-conditioning
system to make the Council Chamber independent of the remainder of the building. This issue will
be evaluated as that particular area of the building is used more frequently than any other. The
same applies to the Recreation Centers, which are used in the evenings also. An energy efficient
replacement is required to achieve the savings, noted Mr. Bernardi.
Councilmember Phillips moved and Councilmember Miller seconded, to accept the report.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS Cohen
SPECIAL PRESENTATION:
12. PRESENTATION BY U.S. FISH AND WILDLIFE SERVICE ON THE PROPOSED MARIN
BAYLANDS WILDLIFE REFUGE (CD) — FILE 257
Mayor Boro introduced Marge Kolar, a refuge complex manager with the U.S. Fish and Wildlife
Service, who would make a presentation.
Marge Kolar, Manager of the San Francisco Bay Refuge Complex, stated that to put the proposal in
context she would address the Fish and Wildlife Service as well as the Refuge System and then
discuss the planning process before focusing on Marin Baylands.
The Fish and Wildlife Service, she explained, is part of the United States Department of the Interior,
her organization being one of the bureaus, albeit a little less known. The Fish and Wildlife Service
has a number of different authorities by which it protects fish and wildlife, including a regulatory
authority, the endangered species program. In addition, they operate a system of national wildlife
refuges, by managing lands. There are approximately 500 refuges throughout the country, as
depicted on a map Ms. Kolar presented. The Fish and Wildlife Service manages over 92 -million
acres of land throughout the country, is larger than the parks service, but differs from the parks
service in purpose and focus. Although they have been operating as a system for approximately
100 years, it was only in 1997 that Congress gave them their organic legislation that gave them
their mission statement. They were informed by Congress that of the lands they manage, wildlife is
primary and they should focus on lands for this purpose. Therefore, reported Ms. Kolar, as a
Manager, when she receives other responsibilities for other public uses on lands, she first
considers compatibility. Ms. Kolar stated they evaluate trails and encourage people to use their
lands, but should there be a conflict, wildlife comes first.
Addressing the Bay Area, Ms. Kolar displayed a map of the refuges she manages in the complex,
including Monterey Bay. It depicted the Marin Islands, their headquarters in Fremont, and facilities
in San Jose and Valleljo. She stated The Fish and Wildlife Service had been interested in the
waterfowl and other migratory birds. Hundreds of thousands of waterfowl winter in the Bay Area
every year and millions of shore birds pass through, birds which migrate up to Alaska and to South
America; therefore the Bay Area is extremely important, nationally and internationally and the Marin
SRCC Minutes (Regular) 02/20/2001 Page 4
SRCC Minutes (Regular) 02/20/2001 Page 5
Baylands are just one part of this. She stated they had focused in the eastern part of San Pablo
Bay and down in the South Bay, but recently with the Hamilton Airfield proposal and possible
restoration of the marshes, they had been approached to consider management of those lands,
after the restoration is complete. She stated that as part of the potential acquisition and
management they decided to look beyond the area around Hamilton to other parts of Marin County
to determine the feasibility of a refuge.
Referring to the general planning process to establish a refuge, Ms. Kolar stated that before a
refuge can be established, such as Hamilton Airport, it is necessary to conduct a planning process,
which includes the general public, and from that an approved refuge boundary is developed. The
planning process includes NEPA (National Environmental Protection Agency) documents,
environmental reviews, plans and conceptual management plans, but the end result is just a
boundary which allows the Fish and Wildlife Service to approach landowners to negotiate
management. The boundary itself has no regulatory authority or land use designations. She
stated the only time there is a change in the land use is when the lands are actually acquired, or a
management agreement is developed with the landowner or public agency.
Ms. Kolar emphasized she wanted to be clear that anything within refuge boundary has no
regulatory restrictions; the individual property owner continues to maintain all the rights,
responsibilities and authorities as a private landowner. She evidenced a piece of property in the
South Bay, visible from her office, which is in the refuge boundary for the Don Edwards Refuge.
This property was developed, went through the regulatory process, had some wetlands on it, and
the fact that it was within the refuge boundary did not stop 6,000 Sun Microsystems employees
from being occupied there. There is also a hotel at this location. She reiterated that the fact that it
is within the refuge boundary does not change anything until it is actually owned or acquired, or
there is a management agreement with the property owners.
Specifically for Marin Baylands, Ms. Kolar stated they tried to identify everything in Marin which was
undeveloped and was originally a Bayland. Their present process is scoping for a planning
process.
Ms. Kolar stated that a planning update was distributed in November, together with letters to
landowners, and a subsequent public workshop was held. Later it was discovered that the mailing
list was woefully inadequate and she apologized for this. She stated it had taken quite some time to
develop a complete landowner list and just last week received it from the County of Marin.
Because of their insufficient mailing list they have extended their comment period and will be
holding one, and possibly two, public workshops at the end of April. Therefore, their scoping
process will continue until after that time. Thereafter, draft documents will be developed which will
also go out for public review and comment. A further public meeting will be held with a subsequent
final decision.
Summarizing, Ms. Kolar stated they are at the beginning of their scoping process and are looking
for opportunities and constraints on the various parcels. She thanked Mayor Boro for his letter,
noting it was just what they needed in that it listed specific properties and identified related issues.
She invited questions or comments.
In thanking Ms. Kolar, Mayor Boro stated he appreciated her presentation this evening and as there
were three public hearings scheduled he did not wish to prolong the issue. He stated that a lot of
comments and concerns were received from property owners, and other interest groups, who felt
left out of the initial process; therefore, he was pleased to hear of the proposed subsequent
meeting.
Councilmember Heller requested Ms. Kolar delineate the areas referred to on the displayed map
and briefly address funding.
Ms. Kolar stated funding had to be requested but this could not be done until there is an approved
boundary. This is conducted annually and is based on being somewhat certain of an acquisition.
She outlined the appropriate areas for the City Council from the map, stating that the lines in
between was the land. She depicted San Pablo Bay refuge and Marin Islands.
Although not a public hearing, Mayor Boro inquired if anyone in the audience would like to make
comment, noting there would be a public hearing conducted by the Service in April.
Don Dickinson, 327 Jewell Street, stated he was invited by Susan Stomp to speak on behalf of the
Marin Conservation League, who were meeting concurrently across town. He stated they were
disappointed to see the December 14th letter from the City to the Fish & Wildlife Service, in which
the City strenuously objected to the inclusion of the land area west of the railroad tracks in the
proposed wildlife refuge. Reading from a copy of the referenced letter he stated "this area is
SRCC Minutes (Regular) 02/20/2001 Page 5
SRCC Minutes (Regular) 02/20/2001 Page 6
suitable for meeting the City's housing needs and is inappropriate for inclusion in open space". Mr.
Dickinson noted that during previous discussions regarding this property San Rafael officials stated
the City would like to see the properties preserved, if there were funds available to accomplish this.
However, the position taken by the City in the letter seemed to dispute this fact. He stated that
inclusion of the area between the railroad tracks and the highway within the boundary involves no
regulatory limitations on the land use whatsoever. However, it would create an important option for
the property owners in the event they voluntarily decided to sell the property for preservation. He
stated that option does not exist if the area is not included in the boundaries.
The area between the railroad tracks and the highway does include important seasonal wetlands
and adjacent upland habitat areas, which are important to the viability of the refuge. He stated the
Marin Conservation League encourages the City to reconsider their position as stated in their
December 14th letter to the Fish & Wildlife Service.
Jo Alexandra, a resident of San Rafael stated she was speaking this evening as a Board Member
of CAPS (Citizens for the Preservation of St. Vincent's/Silveira) and wished to re-emphasize and
reiterate the Fish & Wildlife Service's position, to the effect that they would not in any way be taking
anyone's property by creating the proposed refuge. Rather, it is simply a geographical delineation
of the areas that include Baylands and other areas which migratory birds and animals need for
roosting. She noted there is no problem should the property owners at some future date wish to
negotiate with the wildlife service to acquire the property. She and her Board hoped the City would
reconsider the remarks in the December 14th letter.
Mayor Boro reiterated there were three public hearings scheduled for this evening and did not wish
to debate this issue.
Mayor Boro stated the concern the Council, and people he had spoken to had, was that this just
happened and there are a lot of people interested in the land. He found it a little cavalier that
someone would preplan for property without having the names of the property owners. He felt it
would be necessary to identify the property owners and notice them before planning for their
property, whether it be advisory or whatever. Mayor Boro stated the comments made this evening
were good and explained the intended purpose.
Addressing the December 14th letter, Mayor Boro stated he found it difficult to believe that Mr.
Dickinson monitored the meetings of the St. Vincent's/Silveira Committee who worked for
approximately 18 months. He stated there are approximately 1,200 acres out there, with 85% of
the land to be preserved, as agreed to by both the City and the County Board of Supervisors. He
added the City dealt with more than the function of preserving open space, which included
providing housing, as mandated by the State of California; therefore, part of the properties were
seen as housing opportunities and was pointed out to the Fish & Wildlife Service in the letter.
Mayor Boro was pleased to note there would be a Hearing in April where the property owners,
housing advocates and jurisdictions would be notified, allowing input. He thanked everyone for
their interest in this particular subject.
PUBLIC HEARINGS:
13. Public Hearing Re:
SAINT MARK'S SCHOOL, 39 TRELLIS DRIVE — AMENDMENT TO PLANNED DEVELOPMENT
DISTRICT, USE PERMIT (INCLUDING WETLAND MANAGEMENT PLAN) AND
ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE PROPOSED CONSTRUCTION
OF A 9,216 SQUARE FOOT MULTIPURPOSE BUILDING AND 4,896 SQUARE FOOT
CLASSROOM BUILDING FOR ARTS AND SCIENCES CLASSES AT SAINT MARK'S SCHOOL;
ASSESSOR'S PARCEL NUMBER 175-060-01, SAN RAFAEL, CA; DIXIE SCHOOL DISTRICT,
OWNER; SAINT MARK'S SCHOOL, APPLICANT; JEANNE MACLEAMY, ARCHITECT,
REPRESENTATIVE (CD) - FILE 10-3 x 10-5 x 10-7
Mayor Boro declared the Public Hearing opened and invited Bob Brown, Community Development
Director, to present the report.
Mr. Brown recalled this item was continued from a Council Meeting in November, 2000, having
been returned to the Planning Commission for investigation of possible onsite wetlands. He noted
Jayni Allsep, Project Planner, would describe the findings in the proposed Resolution regarding the
wetlands issue, and he would focus on the other major land use issue related to the application,
which was traffic.
SRCC Minutes (Regular) 02/20/2001 Page 6
SRCC Minutes (Regular) 02/20/2001 Page 7
Mr. Brown stated it would be noted from the attached correspondence that the surrounding
neighborhood is very concerned with regard to the impacts they experience from traffic from St.
Mark's, Vallecito School, Terra Linda High, St. Isabella's School and Kaiser Hospital. He stated the
traffic issues were discussed at length at the Planning Commission hearing on October 24, 2000,
and at that meeting staff noted that the City's ability to restrict St. Mark's existing morning and
afternoon traffic generation through this application process, is limited. The proposal tonight is for
the addition of a multi-purpose building and an arts and science classroom. Currently, Mr. Brown
reported, enrollment is restricted and with this application there is no proposal to increase that
enrollment.
The new multi-purpose building would be limited to the activities shown on Exhibit A in the draft
Ordinance. In terms of new uses for the multi-purpose room, St. Mark's is limited to four evening
school dances, one annual book fair and fifteen afternoon basketball games. Therefore, these new
activities, which would generate traffic, were not found to have any substantial traffic impact during
the morning and afternoon school peaks, which are the periods of most concern to the neighbors.
Mr. Brown stated that since the application did not materially affect traffic generation impacting the
neighborhoods, it was not possible to return to the pre-existing use permit and further restrict the
amount of drop-off or pick-up traffic. The Planning Commission did recommend that a prior
condition be augmented, which requires the school to monitor annually their evening peak hour
traffic generation.
Therefore, condition #4 on page 5 of the Resolution was modified and not only requires the annual
monitoring, but also requires that the school pursue trip reduction measures with a goal of a 25%
reduction in the morning drop-off traffic. This condition builds on the former condition requiring
monitoring, but also requires implementation of trip reduction measures with a 25% goal in the
morning peak hour trips.
Mr. Brown stressed that this language refers to a goal and is due largely to the City's inability to
modify the current Use Permit conditions to be more stringent on the total number of trips
generated. It mandates an effort be made, stipulating a goal. He understood that Mayor Boro and
Councilmember Phillips would discuss a proposal, which would add some Council oversight to the
condition and some neighborhood involvement.
Jayni Allsep, Project Planner stated that the project site was a 10 -acre parcel originally developed
as a public elementary school, is owned by the Dixie School District and leased to Saint Mark's
school. Confirming Mr. Brown's remarks, Ms. Allsep stated that in 1991 there was an approval for
the operation of a private school on this public school site, and the applications under consideration
this evening were to add two new buildings, a multi-purpose building and an additional classroom
for arts and science instruction.
She stated the proposal also includes modifications and improvements to the existing on-site
circulation system, to reroute it due to the construction of the new buildings. The circulation system
is used for the pick-up and drop-off of students. The Applicant would review the on-site circulation
and the project proposal in more detail, Ms. Allsep stated, as part of her presentation.
Prior to the Council Meeting in November, it was learned that a small wetland existed on the
southern portion of the site. Recent modification had been made to the project, which minimizes
the extent of the wetlands to be impacted by this proposal, by 50%. She stated that specifically,
this was achieved by re -aligning the perimeter road presently used for the drop-off and pick-up of
students, moving it closer to the proposed building by approximately 10 feet, thus avoiding two of
the three existing wetland ponds.
The Applicant is requesting permission to mitigate the one area of the wetland which is being
impacted, by creating a new wetland on the site and in the same general location, at a ratio of 2:1,
which is required by the wetland overlay Ordinance. This new wetland would have similar
hydrologic and soil conditions as the existing wetland and by using topsoil from the existing
wetlands, would have a similar seed source. The mitigation area is also similar in elevation and
slope to the existing wetland; therefore this was found to be an adequate mitigation proposal.
Ms. Allsep noted that the Planning Commission recommended approval of the revised mitigation
plan and the project applications on a vote of 4:2. The main topic of conversation with the Planning
Commission, she stated, was the appropriate mechanism to ensure that the long-term life of the
wetlands was protected. There was a proposed condition of approval, which would have required
the recordation of a conservation easement, a condition discussed at great length by the
Commissioners. Their basic concern was, that given the site is owned by the Dixie School District
and could, potentially, revert back to a public school site, what guarantee would there be that the
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SRCC Minutes (Regular) 02/20/2001 Page 8
wetlands would still exist if and when that should occur, noting there is a lease of some 25 years
still remaining to St. Mark's.
Subsequent to that meeting and on consulting with the wetland specialist, it was confirmed that
basically, if and when the site reverted back to a public school use, once the wetlands are created
and the wetland plan, which preserves a portion of the wetland and creates a new one, is in place,
it would be subject to the regulatory agencies, both federal, state and regional, including the Army
Corp of Engineers. It would also be subject to the Clean Water Act, Section 404 and the School
District, like any public agency, would be obliged to abide by any and all regulations for the
protection of wetlands. The Planning Commission public hearing issue was addressed as follows:
• In the Use Permit Resolution — Conditions of Approval - (Conditions of Use Permit (UP 00-14)
Page 6, Condition # 13 includes "and the property owner" shall be responsible for the monitoring
of the seasonal wetland area in accordance with the wetland management plan. This was a
specific recommendation of the Planning Commission.
It was requested that the regulatory framework this wetland would be subject to, whether it be a
private or public school site, should be sited in the wetland management plan. Language had
been inserted into the plan, which identified that both the property owner and the project
sponsor, St. Mark's, would be responsible for maintenance and monitoring of the wetland area,
and outlines all of the regulatory framework which would apply to the wetlands, whether private
or public school.
Beyond this, reported Ms. Allsep, there had not been any significant changes
Damon Kirby, Headmaster St. Mark's School, stated on behalf of the school community, including
its students, faculty and parents, he was grateful to be present to describe a project they felt would
be beneficial for current students, parents and faculty and those to come, as well as to the Terra
Linda neighborhood. He appreciated the fact that Councilmembers had gone to see the site, the
proposed scope of work and the terrain on which it would happen.
Explaining the school, Mr. Kirby stated it was a co-educational, independent, non-sectarian school,
serving 380 students in grades K-8. It was founded in 1980 by a San Rafael Episcopal Parish but
has evolutionarily moved away from the Episcopal Church to now serve a diverse body of students
and parents, providing a nurturing and highly academic program, which prepares students for the
best public and private high schools in the Bay Area, and beyond. Mr. Kirby reported that 45% of
the 380 -student body are from San Rafael, the remainder from the rest of Marin and Sonoma
Counties, and the East Bay. The school had been on the Don Timoteo site since 1991 and signed
a 30 -year lease in 1998. He stated the presentation this evening would consist of his introductory
remarks, a very brief description of the project, a discussion of traffic and car-pooling, which are
central concerns of theirs and their neighbors, and the project Architect, Jeanne MacLeamy, would
discuss the impact on the land, including the efforts surrounding the area previously discussed by
Project Planner, Jayni Allsep, which a local resident has alleged to be wetlands.
Following Ms. MacLeamy's presentation, Mr. Kirby stated that the Consulting Biologist, Leslie
Zander, Traffic Consultant, Bob Harrison and Civil Engineer, Dennis Hazlewood were present
should there be questions.
Returning to the 30 -year lease, Mr. Kirby stated it allows the school to work on bringing the quality
of the physical plant up to the excellent standard of their program. Striving to be a first rate school
in all aspects, work on the physical plant is necessary to achieve this. St. Marks's is one of the
very few schools in Marin County, public or private, without a large indoor space for play, school
events or athletic activities. In addition, the 30 -year-old plant is in significant need of improvement
Mr. Kirby explained that the project calls for the construction of two buildings. Also included are
upgrades to current buildings, landscaping and parking areas; all of which have been seen as
vitally necessary by faculty, parents and students, over the course of the last 9 years. Important
components of the work will be the creation of an improved pick-up area in the rear of the school,
the critical addition of a ring road, to further facilitate the movement of traffic at drop-off and pick-up
times, thereby improving safety and efficiency, and the addition of parking spaces from the current
80 to 101.
Mr. Kirby stated it was important to note that the entire project is for enhancing the current program
and not for adding students; it is planned to remain at the current level of 380 students, as
approved by the Council in 1991.
Regarding benefits, Mr. Kirby stated that while St. Mark's and its students obviously stand to
benefit from this project, it was felt that the neighborhood would benefit also. The new buildings,
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SRCC Minutes (Regular) 02/20/2001 Page 9
with their simple but graceful design, would add architectural interest to the currently flat roofed
look of the campus; significantly more trees would be added, better parking and the currently under
developed and rather unattractive parts of the campus would become better features. The
increased parking and ring road should certainly further help reduce neighborhood traffic
congestion, noted Mr. Kirby, and a bike path on the ring road would allow for the safe transit for
neighborhood children to Vallecito school. The improved outdoor lighting, with care being taken to
ensure it would not harm or be bothersome to the immediate neighbors, would provide increased
security to the area at night. All of these modifications would, he believed, improve the
neighborhood.
Cognizant of the fact that traffic was of major concern of the neighbors, Mr. Kirby stated it was
important to note that the project would not measurably increase the daily traffic flow. Since
moving to the campus in 1991, efforts have been made to ensure that the impact on the community
is minimized and that drivers are both safe and courteous. Mr. Kirby noted to this end, a great deal
has been accomplished. Robert Harrison, a well-known Traffic Consultant in Marin, described their
efforts as amongst the more far-reaching and effective of any school in the County.
Efforts over the past ten years have included:
• promoting car-pooling regularly in school publications;
• creating in accordance with City policy, a TSM (Transportation Systems Management)
program which is monitored annually;
• developing and refining a traffic circumnavigation scheme, which gets the maximum
number of cars off the road, preventing queuing;
• assigning four faculty members and one administrator to afternoon pick-up to supervise
traffic;
• stationing three parent volunteers in the morning to supervise drop-off traffic;
• writing extensively in their school handbook;
• writing letters home and in their weekly newsletter in order to educate drivers regarding
policies and procedures, especially emphasizing safety and courtesy in driving in the
neighborhood;
• issuing reminders to students at assembly, who can become a wonderful moral force in
their parents' car pools;
• writing letters to neighbors on a regular basis to keep them apprised of developments;
• using a faculty/parent parking Corp for special events;
• requesting San Rafael Police Department assistance in the early days of the school year.
All of these efforts have enabled the school to stay within their 146 p.m. peak period trips, as
stipulated by the current Use Permit, which has been achieved with safety and some efficiency.
Mr. Kirby stated that while all this had been done, a special effort had been made this year to
reduce the actual number of cars by increasing the number of car pools. Subject to discussion at
the Planning Commission with Planning Staff and the City Traffic Engineer, they have voluntarily
agreed to make strong efforts to reduce traffic by 25%. This year they had instituted a car pool
campaign, led by two volunteer parents; this matchmaking and public relations effort had enabled
significant headway. He reported that last week in a recent unannounced count of cars they were
15% lower than in September, and the number of cars carrying one student had been reduced by
20%, which he felt was significant progress.
Busses had been investigated and in past years parent response to this suggestion had been very
poor. They had a concern that bussing would be enormously expensive, instancing one run from
Novato each day would cost approximately $30,000 for 20 students, working out to well over $8 per
student per day. More importantly, their concern was that busses would fray the community fabric;
many parents drive car pools in order to stay at school to be with one another to work on school
related projects and to participate in the twice -weekly morning assembly. Mr. Kirby reported that at
this assembly it is not uncommon to have as many as 30-50 or more parents attending. This is a
connection they did not wish to lose, priding themselves on being a community of children and
adults, not just a place where parents drop children off for school. They had participated in at least
six meetings on traffic issues, listening carefully to the neighbors, and are working very hard to
lessen the impact on the neighborhood and the environment. They would happily participate in any
regional or Terra Linda based group devoted to this issue, which would include other schools and
employers.
In conclusion, Mr. Kirby thanked the City Council for hearing their proposal and looked forward to
continuing the work with the City, being the best neighbors possible. He emphasized this had been
a very challenging process up to the present time but in every aspect St. Mark's had worked very
diligently to hear, understand and work with the neighbors. This had been demonstrated by
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SRCC Minutes (Regular) 02/20/2001 Page 10
voluntarily lowering the height of one of the buildings, having heard the objection of one neighbor,
by voluntarily agreeing to work to reduce traffic by 25% through car pooling, and as would be
discussed, by seeking, through much work and considerable expense, to minimize the impact on
the land.
He introduced Project Architect, Jeanne MacLeamy and respectfully requested that as issues arose
during questioning, the opportunity would be afforded them to respond.
Jeanne MacLeamy, Project Architect, thanked staff, particularly for all their assistance over the past
year and also for their assistance in processing the myriad of issues, which needed to be tackled.
She also thanked neighbors whom they had met with, and in particular Doreen Smith, for her
efforts in assisting with accomplishing a satisfactory mitigation for the wetlands.
This evening she would focus briefly on three areas:
1. Site circulation, as it was important for the safety and efficient operation of the campus;
2. An overview of the wetland evolution and its solution;
3. Brief comments and a proposal on the schedule for construction.
Ms. MacLeamy presented overhead slides from which she explained the existing site layout and
circulation plan. Brown depicted the circulation for automobiles and purple represented the internal
campus circulation for staff, students and faculty. It was very important for the safety of the
campus to keep the two circulation systems separate. Ample space for queuing on entering the
driveway was available, with cars driving around the perimeter of the campus, queuing in existing
asphalt play areas and then working their way to the back for pick-up and drop-off of children.
Students wait in that area in the afternoon in classroom groups and are delivered to their
appropriate cars with the assistance of megaphone armed faculty. The cars then continue along
the perimeter roadway, exiting right onto Trellis.
The internal circulation, reported Ms. MacLeamy, is excellent in that children, faculty and the
administration can get to classrooms via covered walkways, as well as some uncovered path, but
which lead directly to the buildings. She illustrated a path, which connects all the different
classroom buildings and pointed out the existing wetland, which she stated, they were unaware of
at the commencement of the project, to the south of the site at the base of the Monticello Hill.
Displaying the initial proposal from the October Planning Commission meeting, Ms. MacLeamy
stated it became a very logical solution to continue the internal circulation to connect the two new
proposed buildings, the multi-purpose building and the arts / sciences classroom building.
Therefore, the internal circulation covered walkways were continued to tie in the two new buildings.
It was then logical to take the ring road around the south side of the campus and move it southward
to the base of the hill, in order to continue the perimeter ring road into a formal one-way traffic
pattern; thereby, having the drop-off and pick-up work in a similar way with queuing along the
roadway and in new asphalt areas, to give more capacity than currently available.
This solution, noted Ms. MacLeamy, covered the wetland and at that time there was a 20 -foot
buffer strip between the multi-purpose building and the roadway.
Ms. MacLeamy stated they became aware that what they had always known as a drainage ditch for
the campus, was actually a wetland. This was brought to their attention several months ago. At
that time they attempted to mitigate 2:1 the entire wetland, not moving the roadway and mitigating
south and south west of the property. She reported that in meetings with Doreen Smith they were
advised they should try to avoid more of the wetland, as there might be a rare endangered plant. It
was found there was no such plant but it gave a little more time to see if, in fact, they could save
some of the wetland. The road was moved north toward the building and in the process we were
able to avoid these two pieces of wetland. However, it was not possible to avoid the third piece of
wetland without having to move the multi-purpose building right up against the current library
building, which was not acceptable to the program and would have been detrimental to the
functioning of the building.
What they have done, therefore, reported Ms. MacLeamy, was to move the road to within 10 feet of
the building, thereby maintaining a 10 -foot landscape buffer, which was strongly suggested by the
Design Review Board. The DRB also requested some tree screening of the building from the
Monticello roadway; therefore, they mitigated 2:1.
Ms. MacLeamy stated they had maintained a safety buffer to guard against children running out
from the gymnasium, as they were concerned about pushing the roadway right up against the
building for that main safety reason. Another issue to become apparent with the wetland was that
of the plants not going to seed until June; therefore, they hoped by gaining approval this evening,
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SRCC Minutes (Regular) 02/20/2001 Page 11
construction could begin on April 7" She was proposing an alternate route for car-pooling until
such time in June as the plants had gone to seed; therefore parents would drive pretty much the
same route as at present, but between construction fencing and the existing library building,
thereby avoiding the wetland area until June.
In April, when construction commences, silt fences would be constructed along all of the wetlands
to protect all of them during the initial stages. In June, as advised by the wetland specialist, when
the area is ready to harvest, the silt fencing would be removed, harvesting any bulbs, rushes and
willow samplings, removing them from the scrapings and scraping the area 4 — 6 inches, which
amounts to approximately 10 cubic yards. This would be deposited in a stockpile area. This area
and the roadway would then be rough graded and the scrapings returned to the site and spread
approximately 2 inches thick over the entire wetland. This wetland would be a series of pools,
which would step down as the road sloped and as the pool filled with water to a certain amount, it
would overflow into the next pool. As it is a seasonal wetland it is designed to hold water for a
certain period of time; therefore, it would maintain the plant life which is in the seed bank.
There would be a buffer between the roadway and the wetland, reported Ms. MacLeamy, of three
feet along the perimeter which would be hand hydro -seeded, as well as the top and bottom of this
area. She noted that the drainage on the roadway would remain there and would flow east and
west as it currently does on the campus.
She stated that a concern was raised at the Planning Commission the previous week regarding
possible overflow of the drains should they become clogged, and reported that the curb area had
now been adjusted so that if the drains were clogged and allowed to have 2 — 3 inches of water, the
water would flow east to the drainage way created toward Vallecito; therefore, there would be no
run-off from the roadway to the wetland.
Regarding a maintenance plan, Ms. MacLamey reported there would be a five year maintenance
plan for this area to be viewed by the biologist at least twice per year, to ensure it is properly
established, and at the initial completion of the wetland a silt fence would be installed. When
established, the fencing would be removed, as this is intended to be a hands on, up close wetland
experience. She reported that Doreen Smith was correct in wanting it to be an educational
resource; therefore, the plan contains some curriculum ideas proposed by Ms. Smith, such as lists
of plants currently existing there, so that the children could peruse them. It would be an
educational resource for St. Mark's campus, as well as others wishing to see the site.
Ms. MacLeamy depicted the wetland area, multi-purpose building and some flowering trees on a
slide and pointed out that the wetland area would not be irrigated; however, irrigated conventional
plant materials would be in an area near the homes, with no run-off allowed into the wetland.
Addressing scheduling, Ms. MacLeamy stated it was hoped that approval would be gained this
evening in order to meet the April 7t" start date. This date was important because it was proposed
to have two Saturdays flanking vacation for the children, which is when they would bring in the
heavy equipment, get the project staged and the construction fencing in place. If, however, the
Department of State Architect review is not received in time or, if the Army Corps approval is not
received in time, she would request that a modification be made to one of the conditions, copies of
which she distributed.
Condition #11 of the Environmental and Design Review Permit, Mitigation Measure 0.6a states
they would be allowed to have two Saturdays of construction flanking the Easter week vacation;
Ms. MacLeamy proposed the addition of:
"If, however, all permits have not been received that will allow start of grading of construction on
these dates, then two alternate Saturdays will be allowed with proper permission from City Staff."
She requested this be modified to afford some flexibility to enable commencement on April 7t" as it
would be best for the school and the safety of the children.
Ms. McLeamy thanked the City Council for their attention and consideration of the project.
Before hearing comments from the public Mayor Boro announced that Bob Brown, Community
Development Director, commented in his opening remarks that Councilmember Phillips and he,
Mayor Boro, had discussions regarding the traffic issue. Mayor Boro reported he had telephoned
Councilmember Phillips today subsequent to discussions with Mr. Brown, and having read the staff
report and the Planning Commission minutes, was aware of the concern with respect to traffic. It
was confirmed to him by the City Attorney that approval of the project could not be conditioned on
any traffic improvements required, and Mayor Boro stated he had asked Mr. Phillips if he would be
willing to work with members of the community in the surrounding neighborhood, along with the
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SRCC Minutes (Regular) 02/20/2001 Page 12
school, to evaluate whether additional improvements could be made to the voluntary program, in an
effort to further reduce the amount of traffic to and from the school.
Mayor Boro stated that on reading through the staff report there was also some mention of looking
beyond this particular school and considering Vallecito and Kaiser, etc., but in advance of this,
efforts should be concentrated with respect to St. Mark's. Mayor Boro noted the community would
be commenting on these issues and it needed to be understood there was nothing more definitive
that could be done this evening regarding traffic, but a process could be put in place, which he
knew the school would support, to make further improvements.
Joe Marrino, Terra Linda resident, stated he had been a teacher for 36 years and was very
interested in science and ecology. He commended Mr. Kirby, Headmaster of St. Mark's, and his
team at St. Marks on a very well thought out presentation and had he been in their situation he
would have covered as many of the bases as they did.
However, Mr. Marrino did not agree with everything. He noted Mr. Kirby and his team had shown
a commendable willingness to modify the original expansion plan but he felt more compromises
needed to be made before accepting the proposed expansion. He stated that the original wetland
site should remain the same; there should be no replacing or displacing because it was not
necessary. St. Mark's would replace the covered over part of the natural wetland with manmade
wetlands, using some of the original material to increase the wetland area 2:1, which was fine, but
he questioned interfering with nature's real plan. He stated that Doreen Smith had identified 21
native species thus far, plus some dragonflies and pacific tree frogs, and urged keeping it intact,
instead of paving it over to accommodate a road. Mr. Marrino added that everyone agreed that this
natural wetland is a valuable open-air biological and science laboratory. Students and adults
needed to be interested more in developing scientific powers of observation, recording
experiences, sketching and using the scientific method of problem solving. It was common
knowledge, he noted, to any educated person that students as a whole, need to improve their
important scientific knowledge of various sciences and their science literacy. The country on the
whole, is weak in science literacy, he stated.
Regarding the priorities of the expansion, Mr. Marrino stated that the new student buildings are well
designed and the perimeter road is a first on an elementary school campus. This road was
designed mainly to lessen the neighborhood traffic lines, which is a very worthy goal, but in his
opinion, is too much road and its width varies from 15' to 20'. This perimeter one-way road could
compromise the safety of students, since it encircles the campus buildings and in these breakways,
towards the rear of the new multi-purpose room where students exit, there is a distinct possibility
that sometime in the future a child might run out and be hit by a passing car. He stated he knows
children, having been in four school districts, and in one euphoric moment an accident could
happen. He was aware that St. Mark's had parent volunteers monitoring this situation, but the
neighborhood would prefer to have closely monitored car-pooling thus minimizing the quantity of
vehicles entering.
Mr. Marrino strongly suggested as a mitigation measure that the perimeter road be narrowed from
15 to 10 -feet wide. If this change were agreed to, the original wetland could remain as is, and he
wondered why a wide road was necessary, as it is only a one lane road.
Referring to the wetland avoidance and mitigation letter from the architect, he stated he had
disregarded Avoidance Scenario 1; Avoidance Scenario 2 addresses having a guard rail, which he
felt was a good idea, the architect recognizing there could be a potential hazard for children running
down the path. He preferred the idea of having a clear path instead of landscaping, which had the
added advantage of saving money. This money could be used to purchase microscopes to
examine plant and animal life, hand lenses, guide field books to assist identifying the biological and
plant matter, etc. He knew the wonder of exploring. It was agreed that everyone believed in
educating children but he hoped that a perimeter road, which would not cover one square inch of
the existing wetland, would be adequate, and would allow the community to have the resource of
the present existing unaltered wetland.
Neil Mark, Homeowner on Las Pavadas wished to correct a small mistake regarding traffic flow in
that it turns onto Arias where his home intersects. In the past year, he stated, there have been
three traffic accidents in the morning, one reported to the police and two which were not because of
their being relatively minor. He inquired what disincentives there would be to the school should
they not meet their 25% reduction traffic goal.
Responding, Mayor Boro stated that this was not a requirement of the City; it was voluntary and he
certainly hoped it would be continued but could not be a requirement, as the number of trips per
day would not be increased. St. Mark's had stated they would report on progress and Mayor Boro
and Councilmember Phillips anticipated that working with the community and the school this could
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SRCC Minutes (Regular) 02/20/2001 Page 13
be achieved
Mr. Mark stated he concern was traffic as he had seen children almost hit in crosswalks by cars
turning left onto Arias.
Doreen Smith stated she discovered the wetlands, which apparently were invisible, last year due to
the extremely dry conditions. She presented a poster of the wetlands presently and how they
would appear in March. She noted it was a great educational resource and appreciated the native
California plants, some of which were spectacular and support an entire community of arthropods
invertebrates, insects, birds and mammals and is not an alleged wetland, it was certified by the
developer's consultants to be a legitimate wetland. To have a natural environment so close for
study would be appreciated by many schools. This is a seasonal wetland and is invisible much of
the time.
Councilmember Phillips stated there was a mitigation measure to move the wetlands to a
reasonable proximity, doubling its size and asked for Ms. Smith's reaction.
Ms. Smith stated she did not know of a successful restoration of a wetland of this kind; one was
tried in Santa Rosa which in -filled with weeds; however, she could not say this one would.
Barbara Salzman, Marin Audubon Society stated she was not as well informed as usual because
she was unaware this item was on the Agenda. She stated she did submit a comment letter, albeit
late, as she did not receive a notice of the Planning Commission hearings either, which was unlike
the City of San Rafael. She understood from the presentation that the wetland would be partially
protected and agreed with a previous speaker that the road could be reduced in size; thereby the
project would not require major modification to protect the wetland. She did not know of any
successful wetland restoration of this kind, and urged the City Council to protect this particular
wetland to the maximum extent possible, as a mitigation was not the same.
Chris Geller, President, Terra Linda Homeowners Association and PTA President, Vallecito School,
stated the traffic issue was foremost in her mind and would address the safety access for children
walking to school through St. Mark's. She noted that originally there was a striped pathway which
ran adjacent to the traffic pattern of cars and she was concerned that the children are only divided
from the traffic by a single striping on the cement.
Diane Allen, Arias Street, stated she counted 930 vehicles going to and from St. Mark's last week,
over separate periods but not covering a full day. Traffic in a certain period of day was not the
issue, rather the total impact of the traffic on their quality of life, property values, safety and health
issues, noting the tailpipe emission from 930 cars does not stay on St. Mark's property but goes to
the neighborhoods.
To give a small amount of history, Ms. Allen stated St. Mark's had been there approximately nine
years and in 1996, some of the neighbors became concerned regarding traffic and began
conducting traffic counts. In that year they made five counts, which they forwarded to City staff,
together with pictures. She made a video tape of the traffic in May and June of last year, which she
showed to the Planning Commission.
Ms. Allen reported that at the May 3rd Vision In Action Committee meeting a letter from the Terra
Linda Homeowners Association was submitted for the record; part of the letter contained a
suggestion that a community group meet with representatives from the neighbors, the city and the
school, to see if some ideas and options could be brought forward to alleviate and/or mitigate the
traffic issues. Such meeting took place on June 81h in the Council Chamber, attended by
representatives from St. Mark's, the neighborhood, City Planner, City Traffic Engineer and a
representative from the Dixie School District. At the conclusion of that meeting, Ms. Allen reported
that Mr. Kirby, St. Mark's Headmaster, affirmed they would be implementing a car-pooling plan to
alleviate the school traffic impact on the neighborhood. Mr. Kirby stated he would recruit a parent
volunteer to implement and oversee the car-pool plan. In September, noted Ms. Allen she saw no
evidence of car-pooling; however a car-pool day was organized and promoted for October 17,
2000, one week before the Planning Commission meeting.
Ms. Allen reported that on that day there was a reduction of approximately one half, but the
following day traffic was again up by about 50 cars and on subsequent days a little bit more.
Ms. Allen took her own count last week, resulting in a count of 930 trips.
She noted it was apparent that the commitment made by Mr. Kirby to the neighbors at the June Stn
community meeting had not been fulfilled or honored, adding it had been difficult to assemble all of
these people and was of no value when the conclusion was not implemented.
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SRCC Minutes (Regular) 02/20/2001 Page 14
She requested that St. Mark's make the responsible decision to bus or shuttle their students from
outside the residential area to the school site, as done successfully by other private schools in the
County. She added this was the only permanent solution to an unsafe and unhealthy traffic
problem. She found it difficult to understand Mr. Kirby's point regarding the cost of the bus, noting
that tuition at St. Mark's last year was $10,000 and evidencing San Dominico's bussing cost of
$100 per student per month. St. Mark's was engaged in fund-raising for the new buildings and she
felt funding for bussing could be a part of this. She noted that while the student body would not
increase, trips would be increased with the proposed new buildings.
Ms. Allen noted that with 380 students presently, St. Mark's was at its maximum and wondered if
they would be willing to sign a statement to the effect that they do not intend to increase their
student body in the next five or ten years.
She noted Mr. Kirby's remarks regarding building community and having parents who wish to stay
for assemblies, but having done the count was convinced this was inaccurate. With regard to Page
5, item 4 she understood St. Mark's would voluntarily reduce traffic by 25%, and wished to know
what the time frame was on this.
There being no further comment from the audience, Mayor Boro closed the Public Hearing.
(Councilmember Cohen arrived at the meeting.)
Mayor Boro stated a number of questions had arisen and requested staff respond by describing the
width and safety of the road and also the question regarding the pedestrian/bicycle path through
the school.
Jayni Allsep, Contract Planner, addressed the striped section of the perimeter ring road which is
marked for bicycle use and stated this is still part of the plan, being part of the 20 -foot roadway area
between the multi-purpose building, the 10 -foot landscape area and curb area. There is a striped
designated area for bicycles and presumably pedestrians could also use it.
Mayor Boro, addressing comments regarding the width of the road, requested elaboration on the
recommendation.
Ms. Allsep stated that there is a 10 -foot cross section area located between the multi-purpose
building and the wetland area, which is proposed for landscaping; the roadway within that section is
20 feet, including the striped area for the bike path.
Expanding on this, Ms. MacLeamy stated that the bike path, which begins at the asphalt pathway
coming down from the boat park on Monticello, is a striped path with the bicycle logo. The roadway
width is 20 feet at the building and is a requirement of the Fire Department. The road is then
narrowed down to 15 feet when the building is passed, which again is the Fire Department's
requirement. The Fire Department requested this layout to allow them to circumnavigate the site.
Mayor Boro requested comment on the premise whereby not screening the buildings with that 10
feet, the wetlands could be preserved in their present configuration.
Ms. MacLeamy stated this was discussed, and noted that the current wetland is 30 feet away in
some areas but less than 30 feet in others. Most of the wetland could be avoided if the roadway
were pushed right up against the building, but it was her understanding from Design Review that
they required a landscape buffer. She stated that originally it was thought there could be trees,
which would have helped with some of the buffering, but trees are not acceptable on the hill
because of runoff from irrigation, which cannot go into the wetland, as well as disturbance of the
stability of the hill.
To follow up, Mayor Boro asked Mr. Brown to discuss the Design Review process and the tradeoff
of maintaining the original wetland versus relocation.
Mr. Brown deferred to Ms. Allsep as he was not present at that particular meeting.
Ms. Allsep stated that when this project was reviewed at the Design Review Board meeting there
was specific discussion regarding the size of the building and its visual impact from Monticello.
There were specific comments from the Board Members indicating that although it is a fairly large
building, the landscaping on the south side would mitigate the visual impact. There was an
expectation some degree of landscaping was necessary along that side of the building to screen
and soften the appearance from Monticello. The Design Review Board did not specifically weigh
the balance of landscaping versus wetlands, since at the time it was not known the wetlands
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SRCC Minutes (Regular) 02/20/2001 Page 15
existed
Councilmember Phillips stated that while not advocating this, he was curious regarding the
comment that the building was designed prior to the discovery of the wetlands, and wondered if the
building could be shrunk by some feet on the south wall.
Ms. Allsep stated it was her understanding that the size of the building was as small as it could be
to accommodate the planned sports facilities.
Ms. MacLeamy stated that the gymnasium was the minimum size recommended for an elementary
school gym. There are the necessary code required bathroom facilities and changing rooms, plus
storage facilities and an after school care program room; therefore, it was as tight as it could go.
She stated that many schools were visited in the area to determine the square footages and this
was basically at the limit.
She stated that the 10 -foot separation is a safety issue; there would be a guardrail but also the 10 -
foot buffer. She confirmed that cars would not be free to roam around as there were bollards with
chains which are only removed for morning and afternoon traffic, but with children playing after
school sports, it was practical to have as much buffer as possible between children coming out of
the gymnasium and the roadway.
Councilmember Phillips inquired as to reconfiguration to stretch west and east, and squeeze north
and south, to afford more space on the south side and more safety with regard to children running
in the roadway, which would also alleviate some of the concerns with regard to the wetlands.
Ms. MacLeamy stated careful planning goes into the design and site plan of a building, and this
was done to work with the program to enable access to the covered walkway axis running through
the campus and the parking lot area. To stretch in another direction would eliminate the alignment
of the axis. Ms. MacLeamy stated there was also a relationship between where the children come
into the gym, the bathroom facilities and visibility by teachers. She stated that with all the work
done to date, and to change the design of the building at this point would be a major undertaking in
fees and permitting, not only with the City but also with DSA. She stated that the wetland is not an
endangered species wetland and the biologist would report that she had overseen the successful
mitigation of wetlands. This is the type of wetland one can find on a ploughed field, which happens
by circumstance.
This wetland occurred because of run-off of dirt from the hillside which filled to a depth of 6" at the
most. There is hardpan underneath the wetland, which holds the water, so with the run-off off from
the hill the grading had been affected. She stated that Dixie over the years did not grade the ditch,
which was initially created when the school site was created to allow the water to flow east and
west. Therefore, it was felt that when discovered and the importance of some of the plants were to
the wildlife association was understood, there was an effort to save the wetland. The other would
be mitigated 2:1, which she felt was a good solution. Two noted biologists worked on it and felt it
would be successful. Ms. MacLeamy saw it as an educational tool, as the current wetlands are,
which would allow hands on viewing, with the added excitement of seeing a wetland created and
monitored. The amount in question is 1,100 square feet of wetland total, of which this is 500
square feet, and the material is about 10 cubic yards. Therefore, to turn this into an enlarged
classroom area to be viewed and monitored growing, could be an exciting prospect.
Councilmember Phillips confirmed that it was not his intention to redesign at this time, rather his
question was out of curiosity, and he accepted the presentation.
Councilmember Heller wondered if flipping the two buildings had been considered.
Ms. MacLeamy stated that several alternatives were considered for full avoidance of the wetlands
and using a slide, demonstrated the exchange of the two buildings without the roadway being
moved. One of the buildings had been lowered from 21' to 19', reducing the profile to
accommodate the neighbor on the corner. The other building is 29' and would have a severe
impact on the neighbor's home, being even closer.
Councilmember Miller stated the City was limited with regard to the traffic situation and felt it was
wise to bring the community together to explore the issue as had been evidenced in the past. He
noted he had the opportunity of visiting the site and was present when school was letting out;
therefore he saw the full impact of traffic. He was impressed with the direction of the traffic and the
work which St. Mark's had done in terms of safety. Regarding the mitigation measures, he felt this
was a compromise and believed there are examples where mitigation does work and care was
being taken to bring the proper soil back and preserve the plant life. The 20 -foot section was
needed in terms of the fire code. He felt placing trees was commendable as the more plant life
SRCC Minutes (Regular) 02/20/2001 Page 15
SRCC Minutes (Regular) 02/20/2001 Page 16
engendered the better. They not only provide a buffer zone but enhance the cycle of life in that
environment, he stated. He agreed 100% with the Planning Commission, stating he was
impressed that the school would watch over and protect the lands, and he would approve the
project.
Mayor Boro stated that Councilmember Cohen had been advised by the Assistant City Attorney
that since he was not here for the public testimony he was precluded from participating.
Councilmember Cohen apologized and assured everyone he had read all the material and took a
site visit, but was unavoidably detained this evening. He had been advised by the Assistant City
Attorney that as he was not present for the public hearing it would not be prudent for him to
participate in the decision.
Mayor Boro stated he was convinced that with regard to the reconfiguration of the lands the pattern
of traffic flow would work and asked Mr. Kirby, Headmaster, St. Mark's School, to commit to the
Council and the public to work on the voluntary program. Quoting from Item No. 4 of the
Conditions of Use Permit in the Resolution "this TSM shall be submitted to the City on or before
May 1 st of each year", he suggested that the Council modify this to read: it would be submitted to
the city and presented to the Planning Commission for public review each year, as he felt doing this
would keep the school's attention focused and give the community an opportunity to monitor and
follow the situation. It could not be a requirement but he was requesting that if the Committee is
restarted with Councilmember Phillips, Mr. Kirby and the neighbors, positive results would ensue,
and consistency would build. He requested the condition be amended to allow public review and
perhaps a report card on the progress.
Responding, Mr. Kirby stated he would be happy to do the TSM each year and would be delighted
to work with Councilmember Phillips. His understanding was, however, that it would be with other
employers and schools in Terra Linda also, as he did not perceive it to be a totally St. Mark's
problem. They did, of course, contribute to it but Mr. Kirby felt it was a regional issue and he would
be happy to work with Kaiser, Vallecito and Terra Linda High School to effect a solution which
could be better for the whole neighborhood.
Mayor Boro stated the City would probably grow to that, but initially, it should commence with St.
Mark's and the issue the neighbors have, particularly with the traffic in and out of the school and as
time passed the other issues could be looked at. Mayor Boro felt he had an obligation to the
community bordering the school to address the problem of traffic.
Mr. Kirby stated they had agreed to reduce traffic by 25% through car-pooling and were making
strong strides and wondered what further commitment was required.
Mayor Boro stated Mr. Kirby was on the record as having stated he would do this but the question
was raised as to an assurance it would be consistent. He confirmed that Mr. Kirby was telling the
Council and the Community that he would sustain this with the City, putting a process in place to
monitor progress and in addition, the City would work through Councilmember Phillips to build on
what has already been started.
Mr. Kirby stated he would continue to make strong efforts to reduce the traffic to the school.
Mayor Boro stated he spoke with Acting Police Chief Cronin today with regard to the enforcement
issue and was assured that the Police Department would continue enforcement to ensure that the
community understood that whether it be a neighbor, bringing someone to school or to the hospital,
that the City is serious about the safety on the streets and speeding.
Mr. Kirby stated they would welcome that police presence and would be delighted with more visible
enforcement.
Councilmember Heller stated that with regard to Item #13 she was pleased it took care of the
problem by having the property owner also responsible for monitoring the wetlands and requested
assurance that the bike path would remain all the way through as before. Mr. Kirby confirmed this.
Regarding site location, Councilmember Phillips stated he had visited the site and was struck by
the improvement this would make to the school site, which he supported. He stated that a number
of years ago when he was on the Dixie School Board he and many present this evening, including
Paul Sloane, were involved with the transfer of use from Dixie to St. Mark's; therefore, he follows
this school, also being a neighbor. With regard to site improvements, he was in favor of them with
the consideration which has gone into them.
Regarding wetlands, Councilmember Phillips noted he did not have a lot of experience in
SRCC Minutes (Regular) 02/20/2001 Page 16
SRCC Minutes (Regular) 02/20/2001 Page 17
connection with transplanting in what is probably a fairly sensitive area, but at the same time he
was struck by the fact that it is not a huge area and had confidence in the biologist that it could be
done. He felt everyone would be visiting it on occasion and expected it to be placed over at least
the next five years. He understood (Planning Commissioner) Jeff Kirchmann's concern in voting
against the proposal but he was comfortable with the present solution.
More significantly, Councilmember Phillips stated that regarding traffic mitigation and being a
neighbor he was aware of the concern. At the same time he had brief discussions with Mr. Kirby
who had expressed a willingness to participate and felt a representative group should be
established including community members and appropriate staff members and representatives
from St. Mark's, to generate concrete methods of achieving the goals. He felt Mayor Boro's
suggestion to revisit this on an annual basis was a good one and should it not be correct, it could
be addressed again next year. He urged continued efforts and with participation from Mr. Kirby and
the parents of St. Mark's significant inroads could be made. He looked forward to the challenge of
assisting with the goal and working together.
Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution.
a) RESOLUTION NO. 10776 - RESOLUTION ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVAL OF A MITIGATION
MONITORING AND REPORTING PROGRAM FOR A
PLANNED DEVELOPMENT (PD) ZONING ORDINANCE
AMENDMENT (ZC 00-6), MASTER USE PERMIT
(UP 00-14) AND ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED 00-39) FOR SAINT MARK'S
SCHOOL LOCATED AT 39 TRELLIS DRIVE (AP NO. 175-
060-01)
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS None
ABSTAINING: COUNCILMEMBERS Cohen (Due to absence from Public Hearing portion of
a) The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE
CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE, BY SECTION 14.01.020
OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT ORDINANCE 1605)
DISTRICT TO PD (PLANNED DEVELOPMENT ORDINANCE 1760) DISTRICT FOR THE
SAINT MARK'S SCHOOL MASTER PLAN LOCATED AT 39 TRELLIS DRIVE; AP NO. 175-
060-01
Councilmember Phillips moved and Councilmember Heller seconded, to dispense with the
reading of the Ordinance in its entirely and to refer to it by title only, and pass Charter Ordinance
No. 1760 to print, by the following vote, to wit.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS None
ABSTAINING: COUNCILMEMBERS Cohen (Due to absence from Public Hearing portion of
item.
Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution with
the following modification:
"If however, all permits have not been received that will allow start of grading or
construction on these dates, then two alternate Sundays will be allowed with proper
permission from City staff."
and the further modification suggested by Mayor Boro under Conditions of Use Permit, Item #4
which calls for public review by way of appearance before the Planning Commission.
SRCC Minutes (Regular) 02/20/2001 Page 17
14
SRCC Minutes (Regular) 02/20/2001 Page 18
c) RESOLUTION NO. 10777 - RESOLUTION APPROVING A USE PERMIT AMENDMENT
(UP 00-14), WETLAND MITIGATION AND MANAGEMENT
PLAN AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED 00-39) FOR ADDITIONS TO THE SAINT
MARK'S SCHOOL CAMPUS LOCATED AT 39 TRELLIS
DRIVE (AP NO. 175-060-01) (as amended)
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS None
ABSTAINING: COUNCILMEMBERS Cohen (Due to absence from Public Hearing portion of
item.
Public Hearine Re: - File 9-10-3 x 9-3-30 x 9-3-16
a) PROPOSED ORDINANCE DELETING EXISTING CHAPTER 8.34 OF THE SAN RAFAEL
MUNICIPAL CODE AND ENACTING NEW CHAPTER 8.34 OF THE SAN RAFAEL
MUNICIPAL CODE, TO REGULATE OFFICES, ESTABLISHMENTS, AND PRACTITIONERS
PROVIDING MASSAGE/BODYWORK SERVICES (PD)
b) PROPOSED RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH
APPLICATION FEES FOR PROCESSING PERMITS REQUIRED FOR OFFICES,
ESTABLISHMENTS AND PRACTITIONERS PROVIDING MASSAGE/BODYWORK
SERVICES (PD)
Mayor Boro declared the public hearing opened and invited Acting Police Chief Cronin to make
his presentation.
Acting Police Chief Cronin stated this was a proposed Ordinance deleting the existing San
Rafael Municipal Code Ordinance and enacting a new Ordinance. The key issues in this
Ordinance for the Police Department were the inclusion of a number of provisions which would
permit effective enforcement against the small group of people who have essentially hijacked
the good name of the body workers of the community and used it as a ruse to operate
prostitution and other elicit activities.
Acting Chief Cronin stated the Ordinance was crafted with the assistance of the very large and
substantial professional body worker community in San Rafael and at its outset the intention
was to build a device for enforcement. However, at its conclusion an Ordinance was crafted
which not only honored and protected the valiant community of body workers but in fact,
facilitated their inclusion in City practice with respect to business licenses generally. He was
pleased to present the Ordinance this evening and would welcome questions.
Councilmember Heller inquired as to why references to public bathhouses were being deleted
and references to health officers.
Regarding public bathhouses, Acting Chief Cronin stated that the original Ordinance contained
reference to bathhouses but the definitions now basically include everyone who places their
hands on people for therapeutic purposes. There have not been any bathhouses in San Rafael
for some time and in the event that there would be, any practices which involved touching
would be regulated under this Ordinance.
The Health Officer was deleted because:
• The type of inspections felt necessary to enforce the Ordinance did not require that level of
expertise;
We do not have a health officer and to obtain one from the County is expensive and a
burden they were unwilling to assume.
Councilmember Heller inquired if anyone could come in and open up a bathhouse or would a
use permit be required.
Acting Chief Cronin stated that this Ordinance would not preclude anyone from opening a
bathhouse if it were solely for the purpose of bathing, absent its exclusion under any other
Ordinance or Licensing requirement.
SRCC Minutes (Regular) 02/20/2001 Page 18
SRCC Minutes (Regular) 02/20/2001 Page 19
Councilmember Phillips assumed that since other communities had addressed the issue there
was nothing unique regarding this Ordinance and asked for confirmation. Acting Chief Cronin
stated only in that they deleted a number of requirements that burden legitimate practitioners
and thereby lessen the likelihood of their coming into compliance and have absolutely no value
in terms of enforcement. He noted requirements such as having showers, stating that most
people going for body work have no intention of taking a shower and he was unable to locate
any Police Officer who closed an illegal establishment because it did not have one; therefore,
requirements of this nature were deleted in that they do nothing to advance the cause and are
only a burden on legitimate practitioners.
Aside from that, the Ordinance does contain other key pieces, which are valuable enforcement
and are legitimate and verifiable educational standards, the request for background checks and
a standard of proof for revocation of permits, which are fairly common in most successful
Ordinances throughout the State.
Rhonda Kutter, former Concierge and City Volunteer and also a massage practitioner stated
she had been active in the bodywork community for the past 16 years. For the past year, she
had been quite busy working with other practitioners forming a Massage Ordinance Advisory
Committee. This was done after the first town meeting last Spring as there was concern
regarding some of the items mentioned by Acting Police Chief Cronin, which were in the original
draft, including showers, doors which could not be locked and having to use some situations
they felt were not safe for themselves or clients. She thanked the many committee members,
many of whom were present this evening, for their hours of work in coming up with this
Ordinance.
She expressed pride at the fact that 95% of the time they worked on a consensus basis among
the group and with Acting Chief Cronin and Lynne Ohlson, Police Department Administrative
Analyst and other City staff. Also, input from the community was incorporated, having sent out
a survey to over 250 bodyworkers in the community. Draft recommendations were then
presented using that information to the City last fall. She appreciated that the City did listen to
the requests and they were treated with respect by all departments, principally Acting Police
Chief Cronin, who would always listen to their concerns and accommodate them as best he
could, even though there was often disagreement and Lynne Ohlson, who was always very
helpful handling so many phone calls and answering difficult questions.
She appreciated the fact that Bob Brown, Community Development Director, supported
removing any additional zoning restrictions from the ordinance. She noted that under the
current laws many bodyworkers are not allowed to operate in medical buildings in San Rafael;
therefore, she was pleased to know that the Planning Commission would be addressing this on
March 13th in order for them to expand their ability to practice massage in the City of San
Rafael. She acknowledged the City for its ongoing recognition of massage as a great home
use occupation as some Cities do not allow bodyworkers to work in their home.
Summarizing, Ms. Kutter stated it would be preferable to have no local permit process;
however, it was understood at this point there is no state licensing or other guidelines or
regulation body; therefore they understood the need to do something and given that, she would
support the ordinance as written and she appreciated the City's efforts.
There being no further comment from the audience Mayor Boro closed the Public Hearing and
thanked the participants.
Councilmember Cohen thanked everyone concerned for working so hard on this ordinance and
for making the Council's task a lot easier.
a) The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DELETING
EXISTING CHAPTER 8.34 AND ENACTING NEW CHAPTER 8.34 OF THE SAN
RAFAEL MUNICIPAL CODE TO REGULATE MASSAGE AND/OR BODYWORK
OFFICES AND ESTABLISHMENTS, OWNERS AND PRACTITIONERS
Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the
reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance
No. 1761 to print, by the following vote, to wit:
SRCC Minutes (Regular) 02/20/2001 Page 19
SRCC Minutes (Regular) 02/20/2001 Page 20
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution.
b) RESOLUTION NO. 10778 - RESOLUTION AMENDING THE MASTER FEE
SCHEDULE TO ESTABLISH APPLICATION FEES FOR
PROCESSING PERMITS REQUIRED FOR OFFICES,
ESTABLISHMENTS AND PRACTITIONERS PROVIDING
MASSAGE/BODY WORK SERVICES
15. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Public Hearine Re:
CONSIDERATION OF PROPOSED ORDINANCE ESTABLISHING REGULATIONS FOR THE
USE OF THE PUBLIC RIGHT OF WAY (PW) - FILE 2-2 x 9-3-40
Mayor Boro recused himself from this item due to a potential conflict of interest, deferring to Vice -
Mayor Miller, and left the Council Chamber.
Public Works Director Dave Bernardi stated this was an Ordinance to establish some additional
regulations for the use of the Public Right of Way. Currently, the Municipal Code requires an
encroachment permit be issued by the City to anyone wishing to install private facilities such as
utilities and telecommunications lines in the Public Right of Way. Staff believed that the City's
current regulations are inadequate to protect the City streets and its residents from the expected
proliferation of requests by private companies and, in particular, telecommunications providers, to
install their facilities within City streets. The Ordinance is a result of a collaborative effort with all of
the other Cities in Marin County and the County of Marin. The Ordinance eventually would be
adopted by all of the Cities in Marin County and would be the standard for which private
telecommunications companies, in particular, would be judged by. The Ordinance does require an
additional agreement which the City Council must approve which speaks to the various and specific
rules which apply to a particular applicant.
Councilmember Cohen referred to exemptions and inquired whether PG&E or other persons who
currently have an agreement could expand or change the nature of the use and still avoid this
ordinance. He instanced that should PG&E decide to go into the telecommunications business and
wished to dig up streets to install fiber optics, could we require them for that purpose to follow this
ordinance.
Assistant City Attorney Guinan stated that first it would be necessary to look at the current
franchise agreement which went into effect in 1953 with PG&E, a document, although somewhat
old, still spells out the particular uses PG&E has in the streets. To the extent that it could be
interpreted in a way which would allow them to do so they would be allowed to. To the extent that
the agreement does not mention specifically telecommunications or other non -power or energy
related uses, then they would be required to obtain an additional permit and comply with this
ordinance.
Councilmember Cohen confirmed with Mr. Guinan that their exemption was limited to whatever the
use was that was anticipated in their current franchise agreement.
Councilmember Heller inquired if all of the other towns and cities were adopting the same general
ordinance. Mr. Bernardi responded affirmatively, noting they would tailor it specifically to their
individual municipal codes, but the bulk and gist of the ordinance would remain the same. Mr.
Bernardi stated this was on schedule and in approximately one month the first Right of Way
Agreement, from MFN, Telecommunications Carrier, would be before the City Council, which would
contain the provisions for the in-kind payment to the City and the specific requirements on the Right
of Way involvement.
Vice -Mayor Miller stated a lot of work had gone into this with a lot of involvement from every City
and was worked out to the best interest of the Cities and Communities.
Vice -Mayor Miller opened the public hearing and there being no comment from the audience
declared the public hearing closed.
SRCC Minutes (Regular) 02/20/2001 Page 20
SRCC Minutes (Regular) 02/20/2001 Page 21
Councilmember Cohen confirmed that some of these were good things which we wanted to have
happen and felt it was appropriate to retain some control and receive compensation for use of the
Public Right of Way. However, the opportunity to get a fiber optic link in Marin County would be an
outstanding boost for the local economy.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING REGULATIONS FOR THE
USE OF THE PUBLIC RIGHT-OF-WAY"
Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading
of the Ordinance in its entirety and to refer to it by title only, and pass Charter Ordinance No. 1762
to print, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Vice -Mayor Miller
NOES: COUNCILMEMBERS: None
ABSENT/
DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest.)
(Mayor Boro returned to the Council Chamber)
COUNCIL CONSIDERATION:
NEW BUSINESS:
16. APPROVAL OF CITY COUNCIL VISION — THE NEXT FIVE YEARS (CM) — FILE 9-1
Assistant City Manager Ken Nordhoff, stated that the Council discussed in Study Session on
February 7t", 2001 and subsequently came up with a list of Vision items for the next 5 years. Lydia
Romero, Assistant to the City Manager had compiled the report, which was sent in the weekly
packet. Some minor amendments were made based on comments received from either Mayor
Boro or other Councilmembers and was for approval this evening. Mr. Nordhoff stated that in
whatever form it was adopted, it would become the emphasis for the San Rafael Choices and the
remainder of the budget process. It would be the top of the pyramid to lay out required
accomplishments, not only in the next five years, but more specifically in the next two years.
Mayor Boro confirmed with Mr. Nordhoff these were alphabetical and suggested 2001 — 2006
should be printed on the top to ensure a correct historical prospective.
Defining Community Based Governance as governance from the bottom up and from the inside
out, as communities are developed, Councilmember Miller, in elaborating stated it engages
residents and other stakeholders in the planning, organizing, decisions, implementation and
evaluation of the collaborative development of a sustainable network of diverse and distinct
neighborhoods.
Councilmember Miller stated a lot of this is carried out presently and itemized:
Planning — Downtown Vision, Parking Structure, St. Vincent's/Silveira.
Organizing — The Pickleweed Advisory Board, VIA Committee, where the people are
organizing and advocating for change in the directions of their city.
Decisions — San Rafael Choices and the Terra Linda Pool.
Implementation - Community Policing, Community Fire Services, Volunteers, Scotty's Project,
Bayview/D Street Stop Light, Sun Valley Park, Feitas Park, Traffic Humps,
Bocce Courts.
Evaluation — General Plan Conversations on the Issues and the Telephone Survey
Collaborative — Cross sector initiatives, role of the City as convener and catalyst, examples of
which are evident in Belvedere Place and housing at 55 Fairfax, Street Painting
and Brewfiesta.
Sustainable — Long-term sustainability
SRCC Minutes (Regular) 02/20/2001 Page 21
SRCC Minutes (Regular) 02/20/2001 Page 22
Network — Citywide system of neighborhoods, web of relationships, City seen as a
"Community of Communities."
Diverse — The variety of elements in each one of the neighborhoods, demographics,
buildings, uses are all distinct and unique.
Neighborhood — A geographic area of a City with its own demographics, buildings, uses, social
traditions, politics and economics.
Councilmember Miller stated this was his concept of City Governance and somewhere along the
line when working on other issues these could be considerations.
Addressing Collaborative Efforts with Schools the City Council requested expansion of this to
include Dixie and San Rafael School Districts, College of Marin, Kentfield campus, and the various
private educational institutions in our community.
Regarding the title of the report, Mayor Boro stated he did not see this necessarily as a Vision, but
rather priorities for the next five years. With input from Mr. Nordhoff, it was agreed the title should
be "Areas of Emphasis".
Councilmember Heller moved and Councilmember Phillips seconded, to approve the draft Areas of
Emphasis Statement for 2001-2006, with the amended title, and the inclusion of Various Private
Educational Institutions, under Collaborative Efforts with Schools.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCILMEMBER REPORTS:
17. a) Richard O'Brien, Deceased, Planning Commissioner — File 9-2-6
Mayor Boro thanked Councilmembers for agreeing to facilitate re -arrangement of the Police
Chief Recruitment interview schedule for Friday, February 23, 2001, to enable all to attend the
funeral of Richard O'Brien at 11:00 a.m. A Wake will take place on Thursday evening,
February 22nd, at 8:00 p.m. for those interested.
Mayor Boro reported that John Starkweather (former Planning Commissioner) was in intensive
care presently at Kaiser Hospital.
b) Marin County Council of Mayors and Councilmembers— File 113
Councilmember Cohen expressed sorrow to the family of Richard O'Brien on their loss, and the
community's loss.
Councilmember Cohen reported he attended the legislative committee meeting of the Marin
County Council of Mayors and Councilmembers to report to those members unable to attend
January's meeting, and to discuss with the legislative committee how to proceed, based on the
actions taken at the last MCCMC meeting. One of the issues he raised was the additional
legislative priority of adding housing, and after discussion, the legislative committee concurred
that as transportation had been listed as a priority, housing should also and there were specific
ways to seek to influence legislation. Councilmember Cohen noted there are some legislative
steps that could be taken, working together, to achieve this. The legislative committee will
make a recommendation but it was requested that this be brought back to respective Councils
to ensure everyone was comfortable with adding the priority.
c) Urgency Time — File 13-16
Mayor Boro stated the City Clerk had given him a letter from Elizabeth Alvarez regarding
housing issues, which had been delivered during the City Council meeting, and requested
copies be made for each Council Member. Ms. Alvarez wished to speak in Urgency Time but
was late in arriving.
SRCC Minutes (Regular) 02/20/2001 Page 22
SRCC Minutes (Regular) 02/20/2001 Page 23
d) Property Owners Voluntary Programs: - File 13-16
Mayor Boro reported that City Manager Gould had scheduled a meeting with himself,
Councilmember Miller and some of the tenants and property owners for Monday, February
26th, to discuss some of the voluntary programs which the property owners are willing to come
forward with. (Re rental housing.)
ADJOURNMENT: Mayor Boro adjourned the City Council Meeting at 10:50 PM in memory of Richard
O'Brien, Planning Commissioner since July 1985, who passed away on Saturday,
February 17, 2001.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12001
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 02/20/2001 Page 23