HomeMy WebLinkAboutCC Minutes 2001-03-05SRCC Minutes (Regular) 03/05/2001 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 5, 2001 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:35 PM:
Mayor Boro announced the Closed Session item.
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary 0. Phillips, Councilmember
Absent: None
CLOSED SESSION - PUBLIC WORKS CONFERENCE ROOM, 3RD FLOOR, CITY HALL - 7:35 PM:
1. 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, No. C003785 VRW
City Attorney Gary Ragghianti announced that no reportable action was taken.
SMITH RANCH AIRPORT — ITEM #20:
Mayor Boro announced that Item #20, a Public Hearing regarding the Smith Ranch Airport, would be
opened and continued to the City Council Meeting of March 19, 2001, at the request of the Applicant. He
apologized to anyone present on the basis of the inadvertent newspaper article.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
8:12 PM
Councilmember Heller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as
follows:
3.
51
ITEM
Approval of Minutes of Regular Meeting of Tuesday,
February 20, 2001 (CC)
Request for Amicus Participation: (CA) — File 9-3-16
a) Report to Council.
San Remo Hotel v. City & County of San
Francisco
(California Supreme Court Case No. 091757)
b) Report to Council.
Robinson v. Solano County
(Ninth Circuit Court of Appeal en Banc
Case No. 99-15225)
RECOMMENDED ACTION
Minutes approved as submitted.
Approved amicus participation for
a) and b).
5. Monthly Investment Report for Period Ending Approved Monthly Investment Report for
January 2001 (MS) — File 8-18 x 8-9 month ending January, 2001, as presented.
SRCC Minutes (Regular) 03/05/2001 Page 1
CONSENT CALENDAR (Cont.):
6. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1760 — 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 1760) DISTRICT FOR THE SAINT
MARK'S SCHOOL MASTER PLAN LOCATED AT 39
TRELLIS DRIVE; APN 175-060-01 (CD) —
FILE 10-3 x 10-5 x 10-7
SRCC Minutes (Regular) 03/05/2001 Page 2
RECOMMENDED ACTION:
Approved final adoption of Ordinance No.
1760.
7. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance
ORDINANCE NO. 1761 —AN ORDINANCE OF THE No.1761.
CITY COUNCIL OF THE CITY OF SAN RAFAEL
ENACTING NEW CHAPTER 8.34 OF THE SAN
RAFAEL MUNICIPAL CODE TO REGULATE
OFFICES AND ESTABLISHMENTS AND
PRACTITIONERS PROVIDING MASSAGE AND/OR
BODYWORK (PD) — FILE 9-10-3 x 9-3-30 x 9-3-16
8. SECOND READING AND FINAL ADOPTION OF Item pulled off the Agenda at the request of
ORDINANCE NO. 1762 — AN ORDINANCE OF THE Staff (to a date uncertain).
CITY OF SAN RAFAEL ESTABLISHING
REGULATIONS FOR THE USE OF THE PUBLIC
RIGHT-OF-WAY (PW) — FILE 2-2 x 9-3-40
9. Appointment to the General Plan 2020 Task Group Approved appointment of Jon Loberg to
(P98-4) (CD) — File 115-1 x 115 (2020) replace Colleen Fergusen for the position of
General Plan Task Group member.
10. Resolution Authorizing Agreement with Orca Swim
RESOLUTION NO. 10779 —
Club for the 2001 Swim Season (CS) —
RESOLUTION AUTHORIZING THE SIGNING
File 4-10-172 x 9-3-65
OF THE 2001 AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND THE ORCA
SWIM CLUB
11. Proposed Skatepark at McInnis Park: (CS)
a) RESOLUTION NO. 10780 — RESOLUTION
APPROVING MEMORANDUM OF
a) Resolution Approving Memorandum of
UNDERSTANDING BETWEEN THE
Understanding Between the County of Marin,
COUNTY OF MARIN, MARINWOOD
Marinwood Community Services District, and the
COMMUNITY SERVICES DISTRICT AND
City of San Rafael for a Collaborative Effort to
THE CITY OF SAN RAFAEL FOR A
Plan and Secure Funds for the Installation of a
COLLABORATIVE EFFORT TO PLAN
Skatepark at McInnis Park—
AND SECURE FUNDS FOR THE
File 4-13-107 x 9-3-65 x 9-3-66
INSTALLATION OF A SKATEPARK AT
MCINNIS PARK
b) Resolution Authorizing Agreement for
Professional Services with Indigo/Hammond & b)
Playle Architects, LLP for Conceptual Plan of
Skatepark at McInnis Park -
File 4-10-322 x 9-3-65 x 9-3-66
RESOLUTION NO. 10781 — RESOLUTION
APPROVING AGREEMENT FOR
PROFESSIONAL SERVICES WITH
INDIGO/HAMMOND & PLAYLE
ARCHITECTS, LLP FOR A CONCEPTUAL
PLAN OF A SKATEPARK AT MCINNIS
PARK
SRCC Minutes (Regular) 03/05/2001 Page 2
CONSENT CALENDAR (Cont.):
12
13.
14
15.
16.
Resolution Authorizing $13,556 to be Expended by
the County of Marin to Continue Funding the
Juvenile Drug Court (PD) — File 9-3-30
Resolution Authorizing Agreement Regarding Future
Proceedings for Annexation of Real Property to the
City of San Rafael; Lands of Horne; 7 Seaview
Avenue; APN 014-111-22 & 23 (PW) —
File 5-2-99
Resolution Authorizing Extension of Time for the
Completion of Improvement Work re Woodland
Terrace Homes Subdivision (current extension to
March 16, 2002) (PW) — File 5-1-326
Resolution Authorizing Staff to Enter Into an
Agreement as a Sole Source Procurement with
Media Consultants—Systems Integrators (MCSi) for
the Upgrade of the City Council Chamber (PW) —
File 4-3-391
Resolution Accepting Albert Park Lane as a Public
Street (PW) — File 2-2 x 11-1
SRCC Minutes (Regular) 03/05/2001 Page 3
RECOMMENDED ACTION:
RESOLUTION NO. 10782 —
RESOLUTION DECLINING TO DIRECTLY
ACCEPT FUNDS MADE AVAILABLE
THROUGH THE JUVENILE
ACCOUNTABILITY INCENTIVE BLOCK
GRANT (JAIBG) PROGRAM ADMINISTERED
BY THE OFFICE OF CRIMINAL JUSTICE
PLANNING AND AUTHORIZING THE FUNDS
TO BE EXPENDED BY THE COUNTY OF
MARIN FOR THE MUTUAL BENEFIT OF
BOTH UNITS OF LOCAL GOVERNMENT BY
MAINTAINING A JUVENILE DRUG COURT
RESOLUTION NO. 10783 —
RESOLUTION AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN
THE CITY AND DENNIS HORNE
REGARDING FUTURE PROCEEDINGS FOR
ANNEXATION OF REAL PROPERTY AT 7
SEAVIEW AVENUE, APN 014-111-22 & 23,
TO THE CITY OF SAN RAFAEL
RESOLUTION NO. 10784 —
RESOLUTION AUTHORIZING EXTENSION
OF TIME FOR THE COMPLETION OF
IMPROVEMENT WORK — "WOODLAND
TERRACE HOMES SUBDIVISION"
(EXTENDED TO AND INCLUDING MARCH
16, 2002)
RESOLUTION NO. 10785 —
RESOLUTION AUTHORIZING STAFF TO
ENTER INTO AN AGREEMENT, AS A SOLE
SOURCE PROCUREMENT, WITH MEDIA
CONSULTANTS -SYSTEMS INTEGRATORS
(MCSi) FOR THE UPGRADE OF THE CITY
COUNCIL CHAMBER (Not to exceed
$120,000)
RESOLUTION NO. 10786 —
RESOLUTION ACCEPTING ALBERT PARK
LANE AS A PUBLIC STREET
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen item #6 (due to absence from public hearing.)
Miller item # 11 (due to potential conflict of interest.)
2. SWEARING IN CEREMONY — NEWLY -APPOINTED POLICE CHIEF, MICHAEL J. CRONIN (CC) —
FILE 9-3-30 x 7-4
Mayor Boro invited Councilmembers, City Clerk and Police Chief, Michael J. Cronin to join him at the
podium for the swearing in ceremony of Chief Cronin. City Clerk Jeanne Leoncini administered the oath of
office. In congratulating Police Chief Cronin, Mayor Boro stated this was a very special night and everyone
was very proud, pleased and happy to have him as the new Police Chief for San Rafael. He wished Chief
Cronin many years of success and luck in this position. To make the evening even more special Mayor
Boro noted, the badge, which Chief Cronin's mother would present, had an engraving on the back which
read: "Hail to the Chief 2/23/01, With Love and Pride, The Ingwersen Family." Chief Cronin's mother then
pinned on the badge and his two daughters, with the assistance of Kathy, Chief Cronin's wife, pinned on
two stars.
Police Chief Cronin affirmed how honored he was to accept the appointment, which was the high point of
his professional career. He stated there were so many people to thank, which neither time nor emotion
SRCC Minutes (Regular) 03/05/2001 Page 3
SRCC Minutes (Regular) 03/05/2001 Page 4
would permit; however, he thanked the City Council for their help and support and for selecting him; the
City Manager and Department Heads, all of whom had been very supportive; the great staff of the Police
Department and the many others in the Police Department who supported him, which meant more than he
could possibly tell.
Chief Cronin thanked two other people, who could not be present this evening, except in spirit, his father
who got him through the first half of his life and Hank Ingwersen, (former Police Chief), who got him most
of the way through the second half, and with the exception of tonight, granted him all his promotions,
adding he owed Hank a great deal.
Chief Cronin thanked his mother and family and in particular, his wife, without whom he would not have
had the energy or desire to proceed, and especially his two little girls who teach him on a daily basis how
important it is to be a good person.
In conclusion, Police Chief Cronin thanked everyone for attending and for their support, and promised he
would try to be the type of Chief they deserved.
Mayor Boro announced there would be a small reception in the foyer, with the City Council Meeting
resuming in approximately ten minutes.
PUBLIC HEARINGS:
17. Public Hearing Re:
CONSIDERATION OF PRIORITY PROJECT APPLICATIONS COMPETING FOR THE LIMITED
TRAFFIC CAPACITY AT THE FREITAS PARKWAY/HIGHWAY 101 INTERCHANGE AND THE LUCAS
VALLEY ROAD/SMITH RANCH ROAD/HIGHWAY 101 INTERCHANGE: (CD) —
FILE 115 (PPP)
1) 4300 REDWOOD HIGHWAY, FAIRCHILD SITE REDEVELOPMENT (PPP 00-2) — PROJECT
PROPOSES THE DEVELOPMENT OF A 130,000 SQUARE FOOT LIGHT INDUSTRIAL/OFFICE
COMPLEX ON A 10 -ACRE, PARTIALLY -DEVELOPED SITE (FORMER FAIRCHILD
SEMICONDUCTOR SITE); APN 155-110-05 AND 06; CHARLES FRANK, PROPERTY OWNER
AND KEENAN-LOVEWELL, APPLICANT
2) SILVEIRA PARKWAY AND NORTH DRIVE, MCINNIS PARK II APARTMENTS AT SMITH
RANCH (PPP 00-3) — PROJECT PROPOSES THE DEVELOPMENT OF 42 APARTMENT UNITS TO
BE CONTAINED IN TWO, THREE-STORY BUILDINGS; APN 155-375-07 AND 08; MHP II,
CALIFORNIA LP, PROPERTY OWNER AND APPLICANT
Mayor Boro reported both these items had been before Council once before, at which time they were
returned to the Planning Commission for further consideration on issues raised.
He declared the Public Hearing opened and invited Paul Jensen, Interim Planning Manager to update the
proposals.
Mr. Jensen stated that on January 16, 2001, the City Council conducted a public hearing on the PPP
(Priority Projects Procedure) for 2000. Council considered six development projects for the two traffic
sensitive areas of the city, North San Rafael and East San Rafael. The four projects for the East San
Rafael area were allotted traffic; however, Council expressed concerns and had comment regarding the
public benefit proposals for the two North San Rafael projects. Consequently, reported Mr. Jensen, they
were referred back to the Planning Commission for review and reconsideration for the following reasons:
To review and consider a revised public benefit for the redevelopment project proposed at the former
Fairchild site at 4300 Redwood. Mr. Jensen reminded Council that this Light/Industrial development
included several public benefit proposals, one of which was a $70,000 contribution which would be applied
to the Freitas Park Capital Improvement Project. He stated Council had requested that the terms of this
proposal be broadened to enable the money to be spread out over several projects, or at least applied to
another high priority project, namely the Terra Linda Pool Renovation. Mr. Jensen reported that the
Applicant had made that adjustment which was reflected in the staff report;
The Council directed that the Below Market Rate Housing Program (BMR) proposed for the McInnis Park
Apartments Phase II project be reconsidered. This is a 42 -unit apartment development proposed at Smith
Ranch. It received PPP approval in 1999, at which time 8 of the 42 units were proposed to be set aside for
below market rate rental to low and moderate income households. On receipt of that application this year
the unit count for below market rate units was reduced to 7, although the affordability declined to very low
and low income, and there were some concerns that this modification was a substantial change; therefore,
the project:
SRCC Minutes (Regular) 03/05/2001 Page 4
SRCC Minutes (Regular) 03/05/2001 Page 5
1) should not be treated as a time extension but rather a new application;
2) created some concerns regarding the adequacy of the number of BMR units
Mr. Jensen reported that in response to this the Applicant has gone back to propose 8 BMR units,
consistent with last year's approval, with the exception that the affordability standards were now for low
and very low income.
The Planning Commission reviewed these revisions on February 13, 2001 and favorably recommended
approval as is recommended this evening. Mr. Jensen noted he and both applicants, who were present
this evening, would be happy to answer any questions.
Mayor Boro stated he wished to ensure that there was understanding on the second project with respect to
the McInnis Park apartments. He reported he had an opportunity of meeting with the Applicant who
explained the change between last year and this year with respect to affordability, and recalled there were
four units at 50% of market rate and 4 units at 65% of market rate, which was the mix suggested. Mayor
Boro reported he had recommended the Applicant present at a future City Council meeting a mix which
would allow for approximately ten units, increasing the affordability to 80%, while decreasing some of the
lower rate. The reasons were twofold:
1) the fact that it was important to attain as many affordable units as possible; and
2) the Applicant indicated the current market rate for a single-family unit was $1,700; therefore,
affordability at 80% would be a little less than $1,200.
Mayor Boro noted that the guidelines used at one time, indicating 80% and market rate were synonymous,
are no longer valid, adding his understanding was that the Applicant had agreed to present this at a future
Council meeting.
Councilmember Cohen inquired how this would impact tonight's proposal to give PPP approval based on a
certain mix, and whether a modification would necessitate revisiting the PPP approval process.
Responding, Mr. Jensen stated this would not be necessary and explained that tonight's proposal was to
set aside traffic for 42 units, with four low income and four very low income. Anything beyond this in terms
of affordability would be fine and would be a project merits issue to be considered at the time the project is
reviewed, as long as it stays within the traffic allotted for the 42 units.
On a point of clarification, Councilmember Cohen stated his understanding of Mayor Boro's comments was
that what could come back before Council would be a proposal for ten units at below market rate, with a
different mix; instead of having four very low, four low and two moderate, one of the very low units might
be lost in order to obtain two more moderate units.
Community Development Director Brown explained that in terms of affordability for 15%, to qualify for PPP
it has to be split between very low and low income, in this instance at least 6 units. Beyond that, two
additional units are proposed for affordability. He stated that if the applicant can demonstrate
subsequently that they can provide more units, and the total discount is at least as good or better, this
would be acceptable.
Councilmember Cohen stated he would be willing to at least consider the trade off of getting four additional
moderate units, but felt neither Council nor the applicant would wish to reopen the PPP process to achieve
this.
Jay Paxton, Attorney for Keenan-Lovewell, developers of the 4300 Redwood Highway project, stated for
legal reasons, he needed to make a clarification for the record. Explaining, Mr. Paxton stated they applied
for the 2000 round of the PPP process before the 1999 permits expired and were able, subsequent to
having applied for the 2000 round, to draw a building permit and commence construction under the 1999
permit. He wished to clarify this was how they were proceeding. They are, however, very pleased to go
forward with the 2000 application and change the conditions as requested, preferring to see the money
spent in a way which is of maximum benefit to the community. He reiterated they are proceeding under a
building permit which was issued under the 1999 permit and is, therefore, effective.
City Attorney Ragghianti concurred.
There being no further comment from the audience, Mayor Boro closed the public hearing
Vice -Mayor Miller complimented Mayor Boro, stating the direction of getting more low income housing is
something which is needed in the City and is one of the priorities to be followed, and Mayor Boro had done
a good job with this compromise.
SRCC Minutes (Regular) 03/05/2001 Page 5
SRCC Minutes (Regular) 03/05/2001 Page 6
Councilmember Cohen stated he would be interested to hear further discussion, agreeing it was worth
fighting for every single unit and he would be happy to work with the developer to obtain more. His
concerns with regard to this being an extension had been addressed by the proposal tonight which keeps
the unit count. Councilmember Cohen recognized the point made by the applicant that it is more expensive
now because the affordability has been lowered. He appreciated the applicant working with staff and staff
bringing the proposal back in the manner requested.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 10787— RESOLUTION GRANTING THE 2000 PRIORITY PROJECT
DETERMINATIONS FOR DEVELOPMENT IMPACTING THE LUCAS
VALLEY ROAD/SMITH RANCH ROAD/HIGHWAY 101 AND THE
FREITAS PARKWAY/HIGHWAY 101 INTERCHANGES (NORTH SAN
RAFAEL) City File Nos. PPP 00-2 AND PPP 00-3
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
18. Public Hearing Re: -
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
RECOMMENDATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSALS
FUNDING YEAR 2001-02 (RA) — FILE 147
Katie Korzun, Senior Economic Development Planner stated this was the second occasion on which
Community Development Block Grant proposals had been worked on, under the new agreement with the
County and it is running exactly as it did last year. The County had held their hearing on the public service
funds and tonight's action would be on housing and capital. Council's recommendation, together with the
public service recommendation would proceed to the County Board of Supervisors in May. Ms. Korzun
reported there were fewer projects this year and the amounts requested were larger; therefore, one of the
original ideas of trying to do this for bigger and fewer projects is being realized.
She stated there was a difference this year in terms of reprogramming previously allocated funds, in that
under the county provisions, if funds are not used within two years there is a possibility they can be taken
back and reallocated to other projects with greater need. Ms. Korzun stated this was discussed last year
but no funds were reallocated. This year, she stated, there were remaining funds which had previously
been allocated to the detox facility in North San Rafael. This project is finished and was completed for less
than the allocation; therefore, these funds have been returned for reallocation.
Ms. Korzun stated the total grant amount to be allocated this year, having deducted the County funds and
with the addition of the reallocated funds, is $481,000, which is slightly more than last year. Next year,
noted Ms. Korzun, these reallocations would be re-evaluated.
Last year, Contempo Marin was considered, at Council's request, and Ms. Korzun suggested that the San
Rafael portions of Contempo Marin monies not be reallocated. This is approximately $113,000 which has
been accruing since early 1991. She suggested staying with Contempo Marin this year, to be revisited next
year.
Ms. Korzun stated the recommended projects were listed in Exhibit 6 of the Staff report; the first three
countywide programs are: EAH, The Fair Housing Program and the Residential Rehabilitation Loan
Program. She suggested these should be funded at the same level as last year.
Addressing Capital Projects, Ms. Korzun stated Hickory House Rehabilitation received funds last year and
in order to complete the project, start to finish, they were requesting additional funds, which Ms. Korzun felt
was justified.
Regarding the Mission Avenue Resource Center, Ms. Korzun stated the suggested $50,000 was part of
what they were requesting, with the County funding the remainder to complete the project.
The Larkspur Center, she reported, is a project which received funds last year and in proceeding it was
found additional funds were needed. She suggested additional funding for this project.
The final project Ms. Korzun suggested funds be applied to was the Pickleweed Community Center
expansion, in the amount of $292,000. This, she stated, was basically all of the remaining funds.
SRCC Minutes (Regular) 03/05/2001 Page 6
SRCC Minutes (Regular) 03/05/2001 Page 7
Regarding projects not recommended for allocation, Ms. Korzun stated this should not be interpreted as a
statement that the projects are not worthwhile. She stated that the quality of project and the completeness
of the projects were very much stronger this year than last, with Council's recommendations being taken
very seriously. However, there was insufficient money to fund all of the projects. Ms. Korzun noted that
one project not being funded was CAHIP, because it was felt that while it is a very serious project which
had previously received funds, there are other funds available for housing projects. She was suggesting
using the CDBG funds this year for a City Capital Project, and using other funds for housing. She stated
Roy Bateman from the County was present, and would be glad to answer questions, and offered her
thanks to Mr. Bateman for all his support in getting the staff report together.
Mayor Boro declared the public hearing opened and invited questions from the audience.
Liz Rutker, Director of the Division on Aging, Marin County Department of Health & Human Services,
stated she was present not to plead her case, realizing there were other priorities this year, merely to
inform the Council of the exciting opportunity to proceed in San Rafael with a very innovative project, the
Onlock Project. To bring Onlock to Marin County had been something that the Division and the
Department of Health & Human Services had been working on, in conjunction with Onlock, for the past
year. It is necessary at this point to locate a piece of property to do this. Not only 70 units of very
affordable housing would be offered, but also it would provide to the people in the surrounding area,
comprehensive services in their own homes. She felt this would bring a different level of services to older
persons in Marin County and looked forward in the future to cooperating with the City of San Rafael to
realize this worthwhile project.
Mayor Boro stated he was familiar with Onlock's program and agreed that not only would they serve
people residing there but also, as he understood the model in San Francisco, people would be brought
from their homes to the Center for meals and attention and then brought back in the evening.
Ms. Rutker stated trends are changing as far as this program is concerned, in that most people assume
that it only takes care of Medical or low income older persons, whereas Onlock is now finding, on a
monthly basis in the City, there are five to six and sometimes up to ten persons of modest, middle income,
attending, because it is possible to pay a certain premium for the service. Ms. Rutker stated that some
people, faced with the alternative of leaving their home and going into a nursing home, are more than
willing to pay for this service. Therefore, this was a further reason to believe this model would work in
Marin County.
As there was no further comment from the audience Mayor Boro closed the public hearing and thanked
Ms. Korzun, Senior Economic Development Planner and Mr. Bateman and his staff for their help in
working with the City to make this a success and a win/win situation.
Vice -Mayor Miller stated that as the Councilmember designated to this process, from his observation with
Redevelopment and Mr. Batman from the County, this was an excellent model of exactly how a project
should operate in terms of cooperation, common mission, common goals and working for the common
good. In terms of Pickleweed Park receiving such a generous donation, Councilmember Miller stated that
this is as it should be, because this neighborhood center is a very special place, providing for the quality of
life, the celebration of life and the determination of life. It also provides for the extension of those small
and often crowded apartments; it is the front and back yard where children and families can gather and
play. It is a special place where the multi-ethnic community can connect, enjoy and affirm each other, by
sharing the riches of their own individual cultures, and is a special place for determination of life. Vice -
Mayor Miller stated that through a process which is resident focused, asset based and relationship driven,
this multi-ethnic community can themselves, chose the door to the present and the path to the future.
Vice -Mayor Miller stated that on behalf of that community, which we all serve, he would like to thank the
San Rafael City Council for this contribution to the expansion of that Center.
Vice -Mayor Miller moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 10788 - RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT FUNDING FOR THE YEAR 2001-02
TO THE MARIN COUNTY BOARD OF SUPERVISORS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC Minutes (Regular) 03/05/2001 Page 7
SRCC Minutes (Regular) 03/05/2001 Page 8
19. Public Hearing Re:
CONSIDERATION OF ORDINANCE TEXT AMENDMENT TO SAN RAFAEL MUNICIPAL CODE
SECTION 14.05.022, (LAND USE REGULATIONS), a) AMENDING THE WORDING OF FOOTNOTE (9)
TO FURTHER DEFINE THE CONDITIONS BY WHICH NON -RETAIL USES MAY OCCUPY PORTIONS
OF GROUND FLOOR BUILDING AREAS IN THE DOWNTOWN ZONING DISTRICTS, AND b)
DELETING FOOTNOTE (18) WHICH LIMITS GROUND FLOOR OFFICE USE, AS IT APPLIES TO
ADMINISTRATIVE AND BUSINESS PROFESSIONAL OFFICES IN THE WEST END VILLAGE (WEV)
AND THE FOURTH STREET RETAIL CORE (4SRC) DISTRICTS; CITY OF SAN RAFAEL, APPLICANT;
FILE NO. ZC 01-02 (CD) — FILE 10-3 x 10-2
Mayor Boro declared the public hearing opened and invited Ms. Korzun, Senior Economic Development
Planner to present the report.
Ms. Korzun stated that the intention of this Ordinance was to preclude offices from Fourth Street. She
explained that a number of people had indicated, for instance, "I am an Accountant, can I sell pencils and
be called retail?" with staff answering "no". In an effort to clarify this situation, Ms. Korzun stated that
nothing was being changed, it was merely explaining more differentiation:
• Offices would be restricted to portions to the rear of the buildings on Fourth Street in the Fourth Street
Retail Core and West End Village zoning districts.
• Administrative Use Permit, not permitted by right;
• To have an office behind a retail space entails being in a separate demised space, with a separate
door;
• Footnote 18 specifies that in certain circumstances you can bring in customer service uses and
become retail; it is suggested, therefore, that this footnote be deleted.
She stated there are no businesses downtown which would be made non -conforming. There is one office
on Fourth Street, which, because of no separate doors into the spaces, would be made non -conforming.
Therefore, Ms. Korzun stated this is an effort to clarify the situation and make it easier for those at the
counter to understand the situation.
Councilmember Heller asked for clarification on the term "demised space".
Ms. Korzun stated that the Planning Commission was anxious to point out that if one owned a building and
there was a stipulation that it had to be a separate leased space, this would prohibit the property owner
from occupying one of the spaces because it was not leased but owner occupied, and they felt that using
the word "demised" clarified that.
Public Works Director, David Bernardi explained that it was a solid wall between two different uses inside
the same building, thereby not being able to get from one space to the other without going outside.
As a jovial aside, Mayor Boro noted that he and Councilmember Cohen were commenting that while
serving on the Planning Commission they spent many years over -passing Footnote 18 and were not quite
sure if they wanted to delete it tonight.
Councilmember Cohen stated he noted the use of the term in the staff report "massage establishments"
and felt there was an instruction from the Police Chief to call these "bodyworkers". Community
Development Director Brown stated they would be returning to the Planning Commission and City Council
in April and May to change the zoning terminology.
There being no comment from the audience Mayor Boro closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL
MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND TITLE 14, CHAPTER
5, SECTION 14.05.022 LAND USE REGULATIONS (4SRC, CSMU, HO, 2/3 MUE. 2/3 MUW, WEV, 5/M
R/0) TO AMEND FOOTNOTE 9 DEFINING REAR GROUND LEVEL AND DELETING FOOTNOTE (18)
FOR ADMINISTRATIVE, BUSINESS AND PROFESSIONAL OFFICE USES IN THE WEV BUSINESS
AND PROFESSIONAL OFFICE USES IN 4SRC AND DELETING A TYPROGRAPHICAL ERROR IN
ADMINISTRATIVE OFFICES IN 4SRC (ZC01-02)"
SRCC Minutes (Regular) 03/05/2001 Page 8
SRCC Minutes (Regular) 03/05/2001 Page 9
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. 1763 to print, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. Public Hearing Re:
397-400 SMITH RANCH ROAD (SAN RAFAEL AIRPORT) - CONSIDERATION OF REQUEST FOR A
REZONING OF APPROXIMATELY 110 ACRES FROM PLANNED DEVELOPMENT -WETLAND
OVERLAY TO PLANNED DEVELOPMENT -WETLAND OVERLAY (PD -WO TO PD -WO DISTRICT); A
MASTER USE PERMIT TO ALLOW CONTINUED OPERATION OF THE AIRPORT IN ADDITION TO
NON -AVIATION USES; AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE
CONSTRUCTION OF 40 NEW AIRPLANE HANGARS, TWO MODULAR HOMES FOR A CARETAKER
AND SECURITY GUARD, A MODIFIED ENTRY WITH A PARKING LOT, NEW LANDSCAPING AND A
NEW 2,450 SQUARE FOOT NON -AVIATION BUILDING; APNS: 155-230-10, 11, 12, 13, 14 & 15; SAN
RAFAEL AIRPORT LLC, OWNER/APPLICANT; FILE NO.: ZC 00-15, UP 99-9 & ED 98-59 (CD) —
FILE 10-3 x 10-5 x 10-7 x 12-12
Mayor Boro declared the public hearing opened and then continued the item to the City Council Meeting of
March 19, 2001, at the request of applicant.
COUNCIL CONSIDERATION:
NEW BUSINESS:
21. RESOLUTION ESTABLISHING POLICY FOR THE CONSIDERATION OF FEE WAIVERS FOR
PROJECTS PROVIDING PUBLIC BENEFITS (CD) — FILE 9-10-2 x 9-1-2 x 10-2 x 229 x 4-10-188a
Community Development Director, Bob Brown, stated he was requested by Mayor Boro to come back to
Council to adopt some parameters for fee waivers, to add both consistency to the granting of fee waivers
and help staff inform applicants what they can expect when they appear before the Council. He stated
that, not surprisingly, there was not a good model available among California cities regarding fee
waivers; therefore, we would create our own. He presented two options for consideration:
• Limit Fee Waivers just for identified types of projects to be promoted for the public good. Affordable
housing and daycare are specifically mentioned in the General Plan but there could be other types of
projects such as homeless services;
• The second alternative would give the Council broader discretion, in that these types of public good
projects could be included, but also more generically, allow fee waivers for projects which provide
benefits to the general public and which could be afforded from the general fund.
Beyond these, no other measure to limit fee waivers emerged
Mayor Boro stated he had requested City Manager Gould, and Community Development Director Brown
to work on this because he had been asked recently if he would be willing to waive a fee and had replied
that he did not waive fees but would ascertain if the particular project qualified. This is when it was
determined there was no set policy but more of a practice. Having discussed this today with Messrs.
Gould and Brown, Mayor Boro stated that the City could be very definitive on the uses, but this would be
restricting, adding that the problem with discretion was that some criteria would be needed, which is
presently not available. On the other hand, stated Mayor Boro, the Council might feel that discretion
is fine and take one case at a time. He stated there was no great rush if it was felt this was not complete
enough to take action on this evening, in that an effort could be made to come up with some criteria
to help frame discretion.
Councilmember Heller stated she was pleased with the first alternative and inquired if the language
"and can afford" had been added. She felt that circumstances change and future Councils should not be
held to obsolete standards; she would like to have the language as broad as possible.
Responding, Mr. Brown stated item #5 was added which contains the thought concerning whether the
proposed fee waivers could be afforded.
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SRCC Minutes (Regular) 03/05/2001 Page 10
Mayor Boro confirmed this Resolution gives discretion as well as specifics and could be taken a case
at a time. He suggested that some generic criteria should be considered in the event that some
projects of a different nature are presented which the applicants feel are eligible. Therefore, it would
be practical to ensure there is consistency.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 10789 - RESOLUTION ESTABLISHING A POLICY FOR CONSIDERATION
OF FEE WAIVER REQUESTS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
City Manager reported: File 9-3-11
22. a) Retail Tenants, Rafael Town Center: - File 140 x (SRRA) R-380 (Verbal
City Manager Gould reported that the development agreement adopted for the Rafael Town Center
included Council giving approval on the retail tenants in that project. Developer Jim Schaefer was now
ready to propose some retail tenants and the City Manager would like to discuss Mr. Schaefer's
proposals with a sub -committee of the Council before bringing it to the full body for approval. He
elicited Council volunteers for this project. Mayor Boro and Councilmember Phillips volunteered for this
one meeting, with the date to be decided.
b) Shuttle Study: - File 255 (Verbal)
At a meeting with Mayor Boro and Councilmember Heller, Mr. Gould reported embarking on the
proposed Shuttle study was considered, and it was anticipated at the end of this month, or early April,
bringing all interested parties together with the consultants who will lead the study, to initiate the
analysis. Both Mayor Boro and Councilmember Heller expressed interest in being with the staff for the
initiation of that study.
c) Parking Structure Design: - File 140 x (SRRA) R-430 (Verbal)
City Manager Gould indicated the Parking Structure Design could be brought forward, keeping Council
apprised, without a sub committee being formed. Mayor Boro stated that he and Councilmember
Phillips were in agreement they would continue their outstanding support, provided the meetings were
limited in scope, as far as time was concerned.
COUNCILMEMBER REPORTS:
23. a) San Rafael City Schools: - File 9-2-1
Mayor Boro reported receipt of a letter from San Rafael City Schools, announcing the formation of a
San Rafael City/School District Blue Ribbon Commission on School Reorganization, with respect to
the potential movement of Terra Linda High School from San Rafael, and requesting the Mayor name
a member to this Commission. Councilmember Phillips agreed to serve. Mayor Boro stated he would
advise the San Rafael City Schools accordingly.
b) Bay Area Water Transit Authority: - File 258 x 9-1
Mayor Boro stated he was invited to make an appointment to the Bay Area Water Transit Authority
and requested the City Manager forward the letter received to Councilmembers for their consideration,
as he felt it could be worthwhile having a representative. It is a Public Board, meeting locally in the
North Bay. Mayor Boro reported Cynthia Murray would represent the County of Marin and Joan
Lundstrom would possibly represent Larkspur. He felt the San Rafael appointment should come from
the Council.
c) St. Mark's School: - File 10-3 x 10-5 x 10-7 x 11-1 (Verbal)
Councilmember Phillips reported he had a discussion with Damon Kirby, St. Mark's School
Headmaster, today and would be meeting with him next week with regard to the traffic issue.
d) John Starkweather, former Planning Commissioner: - File 9-2-6
Mayor Boro reported he visited John Starkweather yesterday, who remained in ICU (at Kaiser
Hospital) but was breathing independently. His prognosis is guarded.
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SRCC Minutes (Regular) 03/05/2001 Page 11
There being no further business, Mayor Boro adjourned the City Council Meeting at 9:20 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12001
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 03/05/2001 Page 11