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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 SRCC Minutes (Regular) 02/20/2001 Page 7 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, SRCC Minutes (Regular) 02/20/2001 Page 8 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 SRCC Minutes (Regular) 02/20/2001 Page 9 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, SRCC Minutes (Regular) 02/20/2001 Page 10 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 SRCC Minutes (Regular) 02/20/2001 Page 11 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 SRCC Minutes (Regular) 02/20/2001 Page 12 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. SRCC Minutes (Regular) 02/20/2001 Page 13 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 SRCC Minutes (Regular) 02/20/2001 Page 14 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