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HomeMy WebLinkAboutCC Minutes 2001-06-18SRCC Minutes (Regular) 06/18/2001 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 18, 2001 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary 0. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION — CONFERENCE ROOM 201: a) Conference with Labor Negotiator (Government Code Section 54957.6(a)) Negotiator's Name: Daryl Chandler Employee Organization: San Rafael Firefighters Association 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 c) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: Curry, Virginia v. City of San Rafael Marin County Superior Court Case No. CV 002446 Note: Closed Session Item #1 c) removed from the Agenda at the request of the City Attorney. d) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager Closed Session for 1 a), 1 b) and 1 d) was held at the conclusion of the City Council Meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:04 PM San Rafael Hill Cross:- File 103 Simon Palmer stated this was a matter which did not concern any grand schemes or economic benefit for the City of San Rafael, rather it concerned its history, heritage and soul. The cross on San Rafael hill had been in place for over eighty years. The City was established as San Rafael by the Missionaries, and a spring came from the hill which was considered to be healthful and beneficial to those who were ill. He stated San Rafael is the patron saint of sick people and this is the only reason the City is sitting where it is. The cross was erected eighty years ago, not as an overt religious symbol, rather as a sign that our tradition, history and background are related to San Rafael. Mr. Palmer urged the Council to place the restoration of the cross on San Rafael Hill on the agenda for a future meeting, to consider all aspects, including legal arguments and possible solutions. Josephine Codoni, 95 years old, stated she was born and raised in San Rafael and requested the City reinstate the cross. At four years of age, her mother, a convert to Catholicism, used to take her up to the cross; therefore, she did not wish to have the culture she was raised with erased. Ms. Codoni added she had been a schoolteacher in Marin County for 53 years. Mario Ghilotti, prior to addressing the issue of the Cross on San Rafael Hill, stated that with regard to the Court Street Plaza Project bid, a Redevelopment Agency Agenda Item, he was displeased with misleading remarks regarding contractors. He referred to the statement made by Mr. Mott, to the effect that the reason the bid was so high was because contractors were busy. Mr. Ghilotti stated that should a contractor be busy, he would not consider bidding a $1.5 - $2 - million project, as to be awarded the contract would necessitate using the best people. He believed the two bids were reflective of this, with two contractors endeavoring to submit an estimate based on the plans presented. SRCC Minutes (Regular) 06/18/2001 Page 1 SRCC Minutes (Regular) 06/18/2001 Page 2 Regarding the cross on San Rafael Hill, Mr. Ghilotti commented that Ms. Codoni taught him at school. He was born and raised in San Rafael's West End and walked to both Elementary and High Schools. He and others joined the United States Service and the cross was a constant symbol of the community at that time. He was aware of the political ramifications with Church and State; however, he urged the Council to endeavor to have it reinstated. Mayor Boro noted Assistant City Attorney Guinan, together with City Attorney Ragghianti had advised the City Manager and Council as to the situation with the cross on the hill and requested Mr. Guinan comment on the City's options as this point. Mr. Guinan stated that as the cross no longer exists, and from research carried out, it could not be ascertained when the cross was erected on the hill or whether it was with the City's permission. At this point, any resurrection of the cross would require Government action, which is clearly prohibited by the United States Constitution, and more specifically, by the no preference clause of the State Constitution. Mr. Guinan stated it was his and Mr. Ragghianti's opinion that to do so would most definitely lead to a lawsuit, with the plaintiffs more than likely prevailing. The City would be responsible for the plaintiffs' attorney's fees, as well as removing any structure erected. Mr. Guinan sympathized with those who had resided in San Rafael for a long time and for whom the cross had such meaning; however, this is the mandate given and as legal advisors for the City, they recommend not taking any such action as it is envisioned it would face successful legal challenge in the courts. Mr. Guinan stated it was his understanding that when this issue surfaced, there were several letters sent to the City Manager's office supporting the City's position, one of which indicated the threat of a lawsuit in the event of a change in position. He believed this was not an idle threat but a clear indication that to take such action would bring about a lawsuit with serious merit. Mayor Boro stated the cross had been discussed at length and the reports from the Attorney's office had been evaluated, and while being sympathetic to the historical significance of the cross, at this point unless different legal counsel were forthcoming, it would be a question of a potential lawsuit, with no chance of prevailing. Mayor Boro stated that unless someone on the Council felt differently, there was no alternative but to stand on the advice of the City Attorney. If, however, someone could bring forward a contrary opinion which could be pursued, the City would be happy to entertain it. At this stage, however, Mayor Boro did not foresee it coming back to the City Council as he did not believe there was any merit in proceeding in light of the City Attorney's caution of a potential lawsuit which the City would lose. Mayor Boro invited Mr. Palmer, if he so desired, to submit something in writing which speaks otherwise. He expressed appreciation for Mr. Palmer's interest and hoped he respected the City's position at this point. Mr. Palmer indicated he would continue pursuing the issue. CONSENT CALENDAR: Councilmember Cohen moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meetings of Monday, Minutes approved as submitted. May 21, 2001, June 4, 2001 and Special Meeting of Monday, June 4, 2001 (CC) 3. Election Matters — General Municipal Election a) RESOLUTION NO. 10846 — November 6, 2001:(CC) — File 9-4 RESOLUTION 1) PROPOSING A a. Resolution Proposing a General Municipal GENERAL MUNICIPAL ELECTION, Election, Including the San Rafael Elementary INCLUDING THE SAN RAFAEL School District and the San Rafael High School ELEMENTARY SCHOOL DISTRICT District General Election, to be held on AND THE SAN RAFAEL HIGH Tuesday, November 6, 2001; Requesting the SCHOOL DISTRICT GENERAL Board of Supervisors to Consolidate with Any ELECTION TO BE HELD ON Other Election Conducted on the Same Date; TUESDAY, NOVEMBER 6,2001; and Requesting Election Services by the 2) REQUESTING THE BOARD OF County Clerk SUPERVISORS TO CONSOLIDATE SRCC Minutes (Regular) 06/18/2001 Page 2 SRCC Minutes (Regular) 06/18/2001 Page 3 CONSENT CALENDAR (Cont.): RECOMMENDED ACTION: ITEM WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK b. Resolution Reaffirming Policy Regarding Number of Words in Candidate's Statement of Qualifications, and Providing that the Cost of Printing and Handling of Candidate's Statement of Qualifications Shall be Borne by the Candidate and Paid for at the Time Nomination Papers are Filed c) Resolution Requesting the Board of Supervisors of the County of Marin to Permit the County Clerk to Consolidate Precincts and Polling Places Relating to the San Rafael General Municipal b) RESOLUTION NO. 10847 — RESOLUTION REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS, AND PROVIDING THAT THE COST OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED c) RESOLUTION NO. 10848 — RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION 4. Resolution Accepting Proposal from Book Publishing RESOLUTION NO. 10849 — Company for Supplement Service to the Municipal RESOLUTION ACCEPTING PROPOSAL Code for Three Years (7/1/01 — 6/30/2004) (CC) — FROM BOOK PUBLISHING COMPANY File 1-5-1 FOR SUPPLEMENTAL SERVICE TO THE MUNICIPAL CODE FOR THREE YEARS (7/11/20011 — 6/30/2004) 5. Acceptance of Statement of Disclosure from John Accepted Statement of Disclosure from Alden, newly- appointed San Rafael Planning John Alden, newly -appointed San Rafael Commissioner (CC) — File 9-4-3 x 9-2-6 Planning Commissioner. 6. Summary of Legislation Affecting San Rafael (CM) — Approved staff recommendation: File 116 X 9-1 AB 104 State Coastal Conservancy: Motor Vehicle Mitigation Fund. Assembly Member Joe Nation — SUPPORT SB 974 Public Works Contracts Cities. Senator Tom Torlakson — OPPOSE SB 1069 Plastic Pollution Prevention Fee. Senator Wes Chesbro - SUPPORT 7. Resolution Authorizing the City of San Rafael to RESOLUTION NO. 10850 — Apply for Local Assistance Funds from the Per RESOLUTION AUTHORIZING THE CITY Capita Grant Program Under the Safe Neighborhood OF SAN RAFAEL TO APPLY FOR Parks, Clean Water, Clean Air and Coastal LOCAL ASSISTANCE FUNDS FROM THE Protection Bond Act of 2000 (CS) — PER CAPITA GRANT PROGRAM UNDER File 202 x 9-3-66 THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 8. Resolution Authorizing the City Manager to Sign a RESOLUTION NO. 10851 — RESOLUTION Contract with the California Department of Education AUTHORIZING THE CITY MANAGER TO to Provide Extended Childcare Services (Latchkey) SIGN A CONTRACT WITH THE for Fiscal Year 2001/2002, in the Amount of CALIFORNIA DEPARTMENT OF $95,559.00 (CS) — File 4-10-238 x 9-3-65 EDUCATION TO PROVIDE EXTENDED CHILDCARE SERVICES (LATCHKEY) FOR FISCAL YEAR 2001/2002, IN THE AMOUNT OF $95,559.00 SRCC Minutes (Regular) 06/18/2001 Page 3 SRCC Minutes (Regular) 06/18/2001 Page 4 CONSENT CALENDAR (Cont.) RECOMMENDED ACTION: ITEM 9. Resolution Authorizing the City Manager to Sign a RESOLUTION NO. 10852 — Contract with the California Department of Education RESOLUTION AUTHORIZING THE CITY for a School -Age Resource Program, for the Period MANAGER TO SIGN A CONTRACT WITH March 1, 2001 through June 30, 2002, in the Amount THE CALIFORNIA DEPARTMENT OF of $5,000.00 (CS) — File 4-10-238 x 9-3-65 EDUCATION FOR A SCHOOL-AGE RESOURCE PROGRAM, FOR THE PERIOD MARCH 1, 2001 THROUGH JUNE 30, 2002, IN THE AMOUNT OF $5,000 10. Resolution Authorizing the City Manager to Sign a RESOLUTION NO. 10853 — Contract with the California Department of Education RESOLUTION AUTHORIZING THE CITY to Provide Extended Childcare Services (State MANAGER TO SIGN A CONTRACT WITH Preschool) for Fiscal Year 2001/2002, in the Amount THE CALIFORNIA DEPARTMENT OF of $143,406.00 (CS) — File 4-10-238 x 9-3-65 EDUCATION TO PROVIDE EXTENDED CHILDCARE SERVICES (STATE PRESCHOOL) FOR FISCAL YEAR 2001/2002, IN THE AMOUNT OF $143,406.00 11. Resolution Setting the Special Tax Rate for Year RESOLUTION NO. 10854 — 2001-02 on all Taxable Property within the RESOLUTION SETTING THE SPECIAL Community Facilities District O. 1992-1 (Loch DISTRICT TAX FOR LOCH LOMOND #10 Lomond #10) (MS) — File 6-50 x 9-12-1 FOR FISCAL YEAR 2001-02 12. Resolution Amending Resolution No. 10459 which RESOLUTION NO. 10855 — Pertains to Compensation for Part -Time, Temporary, RESOLUTION AMENDING RESOLUTION Intermittent and Seasonal Workers (MS) — NO. 10459 WHICH PERTAINS TO File 7-8-6 COMPENSATION FOR PART-TIME, TEMPORARY, INTERMITTENT AND SEASONAL WORKERS 13. Resolution Appropriating Unappropriated Revenues RESOLUTION NO. 10856 — for 2000/01 and Resolution Approving 2001/02 RESOLUTION APPROPRIATING Appropriations Limit (MS) — File 8-5 UNAPPROPRIATED REVENUES FOR 2000-2001 RESOLUTION NO. 10857 — RESOLUTION APPROVING 2001/2002 APPROPRIATIONS LIMIT AT $42,406,718 14. Resolution Authorizing the City to Enter Into a Joint RESOLUTION NO. 10858 — Agreement with Marin Municipal Water District for RESOLUTION AUTHORIZING THE CITY Bidding, Contracting and Construction Management TO ENTER INTO A JOINT AGREEMENT of "Watt Avenue Reconstruction Project" and WITH MARIN MUNICIPAL WATER Authorizing the City Manager to Execute the DISTRICT FOR BIDDING, Agreement (PW) — File 4-15-6 x 151 CONTRACTING, AND CONSTRUCTION MANAGEMENT OF "WATT AVENUE RECONSTRUCTION PROJECT" AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT 15. Resolution Approving Right of Way Agreement with RESOLUTION NO. 10859 — Metromedia Fiber Network Services, Inc. and RESOLUTION AUTHORIZING THE Authorizing the Mayor to Execute the Agreement SIGNING OF A RIGHT OF WAY (PW) — File 4-10-324 x 12-18 x 4-4 AGREEMENT WITH METROMEDIA FIBER NETWORK SERVICES, INC. SRCC Minutes (Regular) 06/18/2001 Page 4 SRCC Minutes (Regular) 06/18/2001 Page 5 CONSENT CALENDAR (Cont.) RECOMMENDED ACTION: ITEM 16. Resolution Authorizing Staff to Proceed with the RESOLUTION NO. 10860 — Process for Adoption of a Third Amended and RESOLUTION AUTHORIZING STAFF TO Restated Central San Rafael Redevelopment Plan PROCEED WITH THE PROCESS FOR and Directing Actions Related to the Adoption ADOPTION OF A THIRD AMENDED AND Process (RA) — File 140 x (SRRA) R-140 XIX RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN AND DIRECTING ACTIONS RELATED TO THE ADOPTION PROCESS 17. Resolution Authorizing Extension of the Existing RESOLUTION NO. 10861 — Agreement for Security Services at the Third & A RESOLUTION AUTHORIZING THE Street Parking Structure with Bright Star Security Inc. ECONOMIC DEVELOPMENT DIRECTOR (RA) — File 4-3-282 x 2-1-20 TO EXTEND THE EXISTING AGREEMENT FOR SECURITY SERVICES AT THE THIRD & "A" STREET PARKING STRUCTURE WITH BRIGHT STAR SECURITY, INC. FOR AN AMOUNT NOT TO EXCEED $41,513.00 (THROUGH JUNE 30, 2002) 18. Resolution Approving the Closure of a Portion of RESOLUTION NO. 10862 — Court Street Between Fourth Street and a Point RESOLUTION APPROVING THE Approximately 140 Feet North of Fourth Street to CLOSURE OF A PORTION OF COURT Vehicular Traffic (PW) — File 11-19 STREET BETWEEN FOURTH STREET AND A POINT APPROXIMATELY 140 FEET NORTH OF FOURTH STREET TO VEHICULAR TRAFFIC AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen (from Minutes of May 21, 2001 only, due to absence from meeting); and Mayor Boro (from item #15 only, due to potential conflict of interest) SPECIAL PRESENTATIONS: 19. PRESENTATION OF RESOLUTIONS OF APPRECIATION FOR NORTH SAN RAFAEL VISION IN ACTION COMMITTEE MEMBERS ANN CREW, GABRIELLE DEMBSKI, MIA KATZ AND FRED PFEIFER (CD) — FILE 102 x 9-2-52 For the benefit of the audience, Mayor Boro explained there is a planning process currently underway called the North San Rafael Vision in Action Committee and Ms. Dembski had worked on this effort as a student representative for the past two years. She had been an excellent representative of the youth in the community and the Resolution of Appreciation was being presented on behalf of the Council in recognition of her great work. Ms. Dembski stated it had been a pleasure working on the VIA Committee; she had learned a lot about San Rafael and appreciated every moment of her experience. She presented a letter to this effect to Mayor Boro. Ms. Dembski accepted the Resolution of Appreciation on behalf of Mia Katz, also. Fellow Vision in Action Committee Members, Ann Crew and Fred Pfeifer, were unable to attend. 20. INTRODUCTION OF FOUR NEW EMPLOYEES IN THE SAN RAFAEL POLICE DEPARTMENT: (PD) — FILE 102 x 9-3-30 Police Chief Michael Cronin introduced the newest members of the San Rafael Police Department: Michael Byers, Police Officer Alicia Schelstraete, Police Officer Charlotte Heitman, Cadet Laurel Mackay, Police Records/Communications Specialist SRCC Minutes (Regular) 06/18/2001 Page 5 SRCC Minutes (Regular) 06/18/2001 Page 6 Chief Cronin stated that Officer Byers had worked for the Novato Police Department for the past year and previously was a member of the Sonoma County Sheriff's Office, where he worked as a Correctional Officer. Growing up in Novato, Officer Byers attended San Marin High School and Santa Rosa Junior College and currently resides in Fairfield. Officer Schelstraete grew up in Santa Rosa, graduated from Montgomery High School in Santa Rosa and holds a Bachelor's degree in Business Management from CSU, Sonoma. She completed the Police Academy at Two Rock in December and was first in her class, both academically and overall. Chief Cronin commented that San Rafael was lucky to get her. Officer Schelstraete had worked in management at Costco for the past nine years and currently resides in Petaluma. Cadet Charlotte Heitman was born and raised in Alameda and attended St. Josephs, Notre Dame and Alameda High Schools. She worked as an optician and medical officer manager. Charlotte attends College of Marin and resides in Novato. Laurel Makay, Records Management Specialist, was born in San Francisco, grew up in Marin, graduated from Terra Linda High School and holds a Bachelor's degree in Recreation and Management. She has previous experience in a variety of assignments in the National Parks Service and for the past two years worked as a Dispatcher in the Center at the Presidio. Laurel resides in San Rafael. Mayor Boro congratulated the new employees and reiterated his remarks at the swearing-in ceremony, to the effect that San Rafael has the best Police Department in Marin County and he was pleased they were a part of it. 21. SPECIAL PRESENTATION TO THE CITY COUNCIL BY STUDENTS OF "BUILD MARIN", A SPECIAL PROJECT OF THE ARCHITECTURAL FOUNDATION OF SAN FRANCISCO AND MARIN COMMUNITY FOUNDATION (CM) — FILE 120 Richard Hannum, Director, Architectural Foundation of San Francisco, commenting that he was appearing before Council in a slightly different vain this evening, reported that over the last number of years, the Architectural Foundation of San Francisco had been implementing a program of education for high schools in Marin County, in concert with the Marin County Department of Education and the Marin Community Foundation. This evening he was sharing the outcome of the Spring semester program, which is now part of a year round program with high schools. Accompanying him were Alan R. Sandler, Executive Director, Architectural Foundation, and Mr. Hannum's associate in the project, and Will Fowler, San Marin High School teacher and now heavily involved with the Architectural Foundation in implementing their program. Also present were students Mike Levine and Ryan Breakstone from San Marin High School and Whitney Hannum from San Domenico High School, participants in the program, who would share their experiences. Mike Levine, Novato resident attending San Marin High School, thanked the City Council for the different amenities provided by the City of San Rafael, which enabled them to work in the Public Library and with Dave Bernardi, Public Works Director and other City staff. Whitney Hannum reported she attends San Domenico High School and is a rising senior. Ryan Breakstone thanked the City Council for providing the amenities, stating this was a great learning experience and the skills gained from the program would echo throughout his career. Explaining what the program is and how the students became involved, Whitney Hannum stated she was required to complete a community service project for her high school in order to obtain credit to graduate, and having learned of the program through her father, she became interested, as it incorporated the academic side, together with learning more about the community. Regarding the actual working of the program, Mike Levine stated they would meet once per week as a group, in the library or at the Phoenix Lake Gallery, and throughout the week each student met with a mentor, such as Dave Bernardi, Public Works Director, and Nader Mansourian, Traffic Engineer, to discuss traffic and transportation. They each chose an area of interest connected to the building process to study with professionals and related the information back to each other at their weekly meeting. Whitney Hannum stated the project, entitled Service Learning, is based upon the erection of a building on Kerner Boulevard. The idea was that each student would chose an aspect of the SRCC Minutes (Regular) 06/18/2001 Page 6 SRCC Minutes (Regular) 06/18/2001 Page 7 building, such as construction, traffic control, electricity management, and conduct research . The teacher, Mr. Fowler, and the other parties involved, allotted an issue for consideration. Ms. Hannum stated the program had helped her to restructure her learning process. Mayor Boro presented each student with a City pin as a memento. Mr. Hannum thanked the City Council for their time and stated the project would continue on throughout the year. The Marin County Department of Education was now committed to the program through high schools for next year, and having started in Marin County, they were now exporting the program to all of the high schools in San Francisco and were very excited, believing it to be something to be very proud of. Mayor Boro thanked Mr. Hannum for the program and the presentation by the students and looked forward to seeing more in the future. Councilmember Heller, having read the students' presentations, stated she found them excellent and fascinating and requested that the students in future give mention to the high schools involved in order to identify locations. She invited them to return with something in San Rafael, especially, next year. PUBLIC HEARINGS: 22. Public Hearing — 10-95 NORTH AVENUE (MCINNIS PARK APARTMENTS I EXPANSION) — (1) REQUEST FOR RE -ZONING OF THE 5.79 -ACRE MCINNIS PARK APARTMENTS I SITE FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT WITH ADOPTED MULTI- FAMILY RESIDENTIAL ZONING REGULATIONS; AND (2) ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE ADDITION OF A THREE-STORY, 8 -UNIT MULTI -FAMILY RESIDENTIAL STRUCTURE AND ASSOCIATED SITE IMPROVEMENTS; APN: 155-251-54; PLANNED DEVELOPMENT DISTRICT; MCINNIS HOUSING PARTNERS /JOHN SHALAVI, APPLICANT/OWNER; FILE NO'S: ZC 00-13 & ED 00-146 (CD) — FILE 10-3 x 10-7 Raffi Boloyan, Assistant Planner, stated this was the first of two applications immediately adjacent to each other. The existing development on this site is McInnis Park Apartments I, consisting of 98 multi -family residential units. Mr. Boloyan stated that McInnis Housing Partners, the long-time owner of the development, is proposing to add a three-story structure with 8 studio apartment units. In recognition of the density bonus feature of the General Plan, the applicant is committed to including 25%, or two of the 8 units, at Below Market Rate. Mr. Boloyan stated that the main issue with the project is due to a staff oversight. General Plan Appendix B does not identify any additional trips allocated to this site; therefore, any proposed addition would require the allocation of bonus p.m. peak hour trips through the General Plan reserve pool. This bonus trip allocation would come from the entitlement of a trip permit. Inadvertently, staff did not identify the lack of the available trips associated with this property until after the public notice was mailed to property owners in the vicinity. Staff included a recommended condition of approval requiring the application for a trip permit to be secured prior to issuance of the building permit. Mr. Boloyan reported correspondence had been received from Irving L. Schwartz, I.L. Schwartz Associates, Inc., Civil Engineering and Land Surveying, representative of the Silveira Ranch, dated June 11, 2001, which identified concern with drainage and erosion from this development and a separate application, to be heard later this evening. A letter was also received from Lee Oberkamper, President, Oberkamper & Associates, Civil Engineers, the engineer for this project, responding to these issues. Having analyzed both of these letters, and in response to the item in Mr. Schwartz's letter where it is requested that condition #7 of the parcel map approval be expanded to allow for the Silveira Ranch to review and approve the results of a test to the existing storm drain system, staff notes that a condition of approval cannot be placed on a project requiring approval of a third party. Mr. Boloyan added that staff would notify the Silveira Ranch of the availability of the test and allow them to review the results and subsequently, provide comment to the City Engineer when he is formulating his determinations. In item #2 of the correspondence, Mr. Schwartz indicates the project would utilize reclaimed water for its irrigation, and in order to prevent runoff of this reclaimed waste water onto the adjacent ranch and possibly be ingested by animals, Mr. Schwartz requested spray irrigation be prohibited. Mr. Boloyan noted that the plans do not include the use of spray irrigation; however, staff recommends that a condition of approval be added requiring the applicant to comply with all local, state and SRCC Minutes (Regular) 06/18/2001 Page 7 SRCC Minutes (Regular) 06/18/2001 Page 8 federal requirements regarding the use of reclaimed water. In terms of Item #4 in Mr. Schwartz's letter regarding the impervious surface and increased drainage on the Silveira Ranch, staff, having consulted with the City Attorney's Office and the City Engineer, determined that the amount of impervious surface increased by this proposal is insignificant in relation to the originally approved Master Plan for Smith Ranch Homes. Furthermore, Mr. Boloyan stated that the proposed onsite detention facility would adequately address the impacts associated with the increased peak flow. Based on the information and analyses contained in the report to Council, staff recommends that the City Council adopt the Resolution, adopting the Mitigated Negative Declaration and Mitigation Monitoring Program, passing the Ordinance to print rezoning the property to a revised plan development district and adopt the Resolution approving the Environmental Design Review permit. Mayor Boro declared the public hearing opened, and there being no comment from the audience, closed the public hearing. Regarding affordable units, Mayor Boro confirmed with Mr. Boloyan that this project has 2 over 8 and the further project this evening has 9 over 42. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 10863 — RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PLANNED DEVELOPMENT (PD) ZONING ORDINANCE AMENDMENT (ZC00-13) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-146) FOR AN 8 UNIT ADDITION TO THE EXISTING 98 -UNIT MULTI- FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 10-95 NORTH AVENUE (MCINNIS PARK APARTMENTS 1) (APN 155- 251-54) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1767) TO ALLOW FOR AN 8 STUDIO APARTMENT UNIT ADDITION TO AN EXISTING 98 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 10-95 NORTH AVENUE (MCINNIS PARK APARTMENTS 1) (APN 155-251-54)" Councilmember Heller moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1767 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 10864 — RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-146) FOR AN 8 -UNIT ADDITION TO AN EXISTING 98 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 10-95 NORTH AVENUE (MCINNIS PARK APARTMENTS 1) (APN 155-251-54) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 06/18/2001 Page 8 SRCC Minutes (Regular) 06/18/2001 Page 9 23. Public Hearing — END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) — (1) REQUEST FOR RE- ZONING OF 2.2 -ACRES FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT WITH ADOPTED MULTI -FAMILY RESIDENTIAL ZONING REGULATIONS; (2) ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE DEVELOPMENT OF TWO THREE-STORY, MULTI -FAMILY RESIDENTIAL STRUCTURES CONTAINING 42 UNITS AND ASSOCIATED SITE IMPROVEMENTS; (3) PARCEL MAP TO CONSOLIDATE TWO PARCELS; AND (4) TRIP PERMIT TO SECURE RESERVE TRIPS FROM GENERAL PLAN APPENDIX B BONUS TRIP POOL; APN: 155-370-07 & 155-370-08; PLANNED DEVELOPMENT DISTRICT; JOHN SHALAVI, APPLICANT; MHPII, OWNER; FILE NO'S: ZC00-12, ED00-131, S00-11 & TP00-03 (CD) — FILE 10-3 x 10-7 x 5-6-8 x 10-6 x 115 (PPP) Assistant Planner Raffi Boloyan stated the project was before Council earlier this year for PPP (Priority Projects Procedure) and this is a similar proposal; however, the applicant has revised the number of Below Market Rate (BMR) units from 8, as approved for PPP, to 9. These 9 units consist of 3 very low, 4 low and 2 moderate -income units. The application was revised due to the concern regarding the project receiving PPP approval, as well as meriting a density bonus request. Staff received correspondence, as discussed in the previous public hearing this evening, from Irving L. Schwartz, representative of the Silveira Ranch, in connection with the same four issues, and recommends similar action. Regarding the BMR units, Councilmember Cohen requested clarification on the number of these units, as on reading the staff report the total number identified is 10. Mr. Boloyan clarified that there would be 3 very low, 4 low and 2 moderate -income Below Market Rate units. Mayor Boro declared the public hearing opened, and there being no comment from the audience, closed the public hearing. Mayor Boro complimented the applicant for working with the City and taking a hard look at the Below Market Rate Units, stating his efforts were much appreciated and Mayor Boro was pleased that between the two, there is a component of over 20% which is a good example for most communities to follow. Councilmember Cohen agreed, adding that the policy issue should be addressed, at a time when no specific project is under discussion, in terms of dealing with the issue of whether or not someone is getting a double density bonus. He appreciated the applicant's work in getting everyone to a comfort level on this particular project; however, it would be easier on all concerned to have a policy in place at the outset. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10865 — RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PLANNED DEVELOPMENT (PD) ZONING ORDINANCE AMENDMENT (ZC00-12), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-131), PARCEL MAP (S00-11) AND TRIP PERMIT FOR A 42 UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) (APNs: 155-370-07 AND 155-370-08) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1768) TO ALLOW A 42 -UNIT MULTI- FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) (APNs 155-370-07 & 155-370-08)" Councilmember Phillips moved and Councilmember Cohen seconded, to dispense with reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1768 to print by the following vote, to wit: SRCC Minutes (Regular) 06/18/2001 Page 9 SRCC Minutes (Regular) 06/18/2001 Page 10 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10866 - RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-131), PARCEL MAP (S00-11) AND TRIP PERMIT (TP00-03) FOR A 42 -UNIT, MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) (APNs 155-370-07 AND 155-370-08) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 24. RESOLUTION ADOPTING CITY OF SAN RAFAEL BUDGETS FOR FISCAL YEARS 2001-2002 AND 2002-2003; AND RESOLUTION AMENDING THE 2000-2001 CITY OF SAN RAFAEL BUDGET (MS) — FILE 8-5 x 9-3-66 Assistant City Manager Nordhoff stated the Council had three opportunities to evaluate the budget; discussions were conducted, both on the financial aspects and the objectives laid out for the coming two years, and he proceeded to highlight some items in the staff report, before inviting questions. Mr. Nordhoff stated that Page 2 of the staff report identifies a series of ongoing service requests as discussed on June 4, 2001, and the items suggested have been incorporated into the budget, at a net cost in year 1 of $211,500 and in year 2, $276,500. As discussed, the net cost reflects the fact that a number of these services are being recovered through fees or reductions in costs in existing departmental programs. Items of note included on the list and discussed throughout the hearings, are the bilingual librarian in both fiscal years, at a cost of $60,000, and after-school programming, which targets the two middle schools in the City, at a cost of $40,000, $13,500 of which is expected to be recovered through fees, with the balance being subsidized through the General Fund. Mr. Nordhoff reported that the Mayor, City Manager and Police Chief met with the Marin County Sheriff regarding the Major Crimes Task Force, and the cost of $110,000 has been built into the budget for the first year. An opportunity will be afforded Council at the 12 -month juncture of the two-year budget, to determine whether funding should be continued for this program. As discussed, reserves have been built up to 15%, and Assistant City Manager Nordhoff stated that $1,264,000 worth of one-time efforts are identified on Page 3 of the staff report, for perusal. Items not previously discussed are listed on Page 4 of the staff report, including sharing the cost of a film projector for the Pickleweed Community Center, with the County and the City each contributing $3,000. Mayor Boro stated this was an offer from County Supervisor Steve Kinsey. Staff would also be presenting suggestions regarding additional gateway improvements to medians, including turn pockets, traffic signals and a number of other items. Regarding Proposition 12 funds, Mr. Nordhoff stated there is $481,000 available on an allocated basis. These are not the competitive monies which staff proposed to allocate to several park projects and playground safety, both of which will be revisited at a later date. $30,000 remains in the budget as part of an ADA project to repair the restrooms at Gerstle Park, and the balance of funds will be considered later also. Mr. Nordhoff stated Exhibit E deals with the level of personnel in the various departmental budgets which includes all the positions proposed and recommended by Council for inclusion in the budget. Shown as Exhibit F in the staff report is a summary generated by the City Manager, entitled "Fixing the Roof While the Sun Shines", itemizing a number of major initiatives which the City intends to accomplish, and which closely correlates with information gleaned from the San Rafael Choices meetings, results from the Public Opinion Poll and from discussions over the course of the budget hearings. Mr. Nordhoff stated it compliments the five-year goals set forth in February. An amendment to the current year budget is also proposed this evening and Mr. Nordhoff stated he SRCC Minutes (Regular) 06/18/2001 Page 10 SRCC Minutes (Regular) 06/18/2001 Page 11 had listed several items in the staff report, including some emergency needs regarding facilities at one of the City's fire stations, as well as at Pickleweed Community Center. Concluding, Mr. Nordhoff stated the budget included appropriations and revenues broken down for Council's consideration on Exhibits A and E; expenses, both operating and capital, total approximately $54 -million in the first year of the budget and approximately $55 -million in the second year. He stated that if Council chose to take the two remaining actions, which are not included in the budget totals, it would be necessary to amend the Resolution to include additional gateway beautification funds and a contribution to the film projector. Mayor Boro stated that Exhibit B depicted an undesignated balance of $1.4 -million and Exhibit A showed a surplus of $900,000, and inquired if these were the positions discussed on Page 2 of the staff report. Mr. Nordhoff stated these were discussed as part of Page 2, together with other items amending the current year 2000-01 budget, which leaves these funds available for the subsequent two years. Mayor Boro confirmed with Mr. Nordhoff that the costs of the projector and landscaping plan are not included and would be deducted from these surpluses. Councilmember Phillips complimented Mr. Nordhoff and his staff for putting together the budget and inquired as to the reason for leasing the Fire Department protective clothing. Mr. Nordhoff stated that research had been carried out and this was a proposal from a company who would standardize all of the outerwear of the firefighters, taking full care of it; at the conclusion of the five year period, the Fire Department would own it. Mr. Nordhoff stated it was a means of stabilizing the cost rather than requesting $150,000 - $200,000 every four — five years. Councilmember Phillips confirmed that leasing the equipment incurred a finance charge and Mr. Nordhoff stated the interest rate was essentially the same rate of return as on the City's investments and was a very insignificant difference. Councilmember Cohen, noting that at the end of five years the City would own the protective clothing, inquired as to the life span of the equipment. Fire Chief Bob Marcucci stated the lifecycle of the protective clothing is approximately five years, at which time it would be used as a backup supply. He explained that presently, each firefighter has one set of protective clothing and should this get wet or soiled and need laundering or repair, there is no backup. With the new situation, at the conclusion of five years there would be a substantial backup of protective clothing and as alluded to by Mr. Nordhoff, not only is it being leased, but twice yearly it would be commercially cleaned, which is significant as it is required by OSHA. Additionally, there is a computer tracking system with each piece of protective clothing bar coded; therefore, when this clothing is repaired, the information is recorded. The manufacturer supplies this program and when the representative picks up the protective clothing for cleaning and repair, he inputs the data; therefore, in the event of an inspection by OSHA, there is a record. In view of OSHA's requirements, Chief Marcucci reiterated that protective clothing is becoming increasingly expensive, with possible expenditure of $75,000 - $200,000. Presently, firefighters use different levels of this clothing which is purchased on an as needed basis. The plan is to streamline this process and have it built into the budget; therefore, at the end of the five year cycle there would be a backup supply, at which time consideration could be given to whether it should be extended for a further five years with a new set of protective clothing and new lease/buy contract, or revert to purchasing new equipment. Mayor Boro stated he had discussed the issue of street medians with the City Manager and recalled that two years ago when completing the budget, it was anticipated making a significant impact on North San Rafael, Central San Rafael and the Canal. A plan is now going forward at a cost to the City, with assistance from Caltrans, to carry out an extensive renovation at the entry to Terra Linda. The report also specifies that a significant effort will eventually be underway in the Canal, through Redevelopment. Mayor Boro stated he had requested the City Manager to have Public Works Director Dave Bernardi evaluate improvements around the Montecito Center and the High School, as this is a further busy entryway to the City and a front door to San Rafael on the eastern side of town. Public Works Director Dave Bernardi stated that a number of different locations were evaluated and he and staff recommend that consideration be given to expanding the project along Third Street to Embarcadero Way. Increasing the entire landscaping plan by $100,000 to $125,000, would render it possible to landscape and renovate the medians from Union Street to Embarcadero Way. The sketch submitted by Mr. Bernardi depicted the limits of the work to be carried out. Mr. Bernardi stated that in year 2002, Second Street would be paved from Hetherton to Union Street. Part of this project would entail an analysis by Nader Mansourian, Traffic Engineer, of the left turn lane from Second Street to Union Street, in anticipation of providing more space for the increased amount of traffic turning left. This project would be funded by state funds in the amount of SRCC Minutes (Regular) 06/18/2001 Page 11 SRCC Minutes (Regular) 06/18/2001 Page 12 $213,000, with the City's share of approximately $25,000 of gas tax funds, to be used as local match funds. A further portion of this project would entail relocating the traffic signal controller; Mr. Mansourian evaluated the area and concluded that the landscaping would be better displayed if the controller were not in such a visible location. Negotiation would take place with the Fire Chief to relocate it on the Fire Department property. This part of the project would be funded through miscellaneous right-of-way funds designated for such work, and the landscaping would be funded through any additional money. Mr. Bernardi stated that to put together a project now would mean the plans and specifications would not be ready until the fall. He reported that Parks Superintendent Tom Rothenberger believed it was not a good time to commence a landscaping project, as the availability of the material is toward the end of the season and the winter is not a suitable time for planting new materials; he recommended delaying this to the spring of next year. Mr. Bernardi recommended that the Council consider combining all of this work into one major project to include the paving, controller relocation and major landscaping. Councilmember Heller inquired as to how the medians would be enhanced. Mr. Bernardi explained that coming east on Second Street, the left turn lane going onto Union Street provides space for only three or four cars, and it has been noted that during peak evening hours, traffic backs up into the through lane, causing some delay. It is anticipated extending the left turn lane by approximately four cars, if possible. Mayor Boro inquired if the additional funds would come from the 2001-02 fiscal year or the 2002-03 fiscal year. Responding, Mr. Bernardi stated that Assistant City Manager Nordhoff had indicated the funds would be available in the next fiscal year; therefore, the timing would be right. Mr. Nordhoff confirmed for Mayor Boro that this would be the second year. City Manager Gould confirmed that if Council approved this project, it would be designed and constructed in the second year of this budget. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution, as amended to include $100,000 in year 2002/2003 for medians in East San Rafael and $6,000 for a film projector for Pickleweed Community Center — County of Marin to reimburse the City $3,000, being 50% of cost. RESOLUTION NO. 10867 — RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEARS JULY 1, 2001 — JUNE 30, 2002 AND JULY 1, 2002 — JUNE 30, 2003 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (IN THE AMOUNTS OF $54,503,596 AND $56,080,847, RESPECTIVELY) (As Amended to include $100,000 in year 2002/2003 for medians in East San Rafael; and $6,000 for film projector for Pickleweed Community Center — County of Marin to reimburse City for half the cost.) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 10868 — RESOLUTION AMENDING THE 2000/2001 BUDGET AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro thanked Assistant City Manager Nordhoff and his staff, City Manager Gould, the Department Managers and all those who had worked on the budget. He stated it was a great effort and truly shows how well the City is working and how well City Staff is working together. There were some choices, items decided against, and some others which did not make it to the budget process; however, some great projects were approved. He expressed gratitude for all the work carried out in the past two weeks with respect to the creek and promenade in North San Rafael. SRCC Minutes (Regular) 06/18/2001 Page 12 SRCC Minutes (Regular) 06/18/2001 Page 13 COUNCILMEMBER REPORTS: 25. a) Shuttle Study: - File 255 Councilmember Heller reported that there had been two meetings on the Shuttle Study, which is anticipated to end in October. The group consists of residents from the County and City, and Councilmember Heller commented that should anyone have additional thoughts, these could be conveyed to City Manager Gould or Traffic Engineer Nader Mansourian. The four main items under discussion are: 1. Transportation challenges in San Rafael / Primary markets for the service; 2. How a local service would compliment inter -community services and regional transit; 3. Labor / Day to Day Operations; 4. Cost and how it would be funded. b) St. Mark's Traffic Study: - File 10-3 x 10-5 x 10-7 x 11-1 Councilmember Phillips reported that he had met with Damon Kirby, Headmaster, St. Mark's School, Diane Allen, Community Advocate for Improved Traffic, the President of the Board and Head of Traffic Plan. They were collectively impressed with measures to help mitigate some of the traffic concerns of the surrounding neighbors; a plan will be implemented, with a traffic count to be undertaken shortly after school resumes, to determine the impact. Councilmember Phillips believed that at this point the surrounding neighbors are pleased with the demonstrated progress the school has made. c) MCCMC (Marin County Council of Mayors and Councilmembers): - File 113 x 9-1 Councilmember Cohen issued a reminder that next Wednesday evening will be the last MCCMC meeting before Summer break and also his last meeting as President. He noted that Lydia Romero, Assistant to City Manager and Pat Roberts, Secretary to City Manager, had been working overtime to redraw the proposed bylaws, and a final draft had been distributed. He stated he would greatly appreciate Council's assistance is seeing these bylaws passed on Wednesday evening. There being no further business, Mayor Boro adjourned the City Council Meeting at 9:00 p.m. OPEN SESSION — COUNCIL CHAMBER — 9:00 PM: Mayor Boro announced the Closed Session items and then adjourned to the City Manager's Conference Room 201 for the Closed Session. CLOSED SESSION — CONFERENCE ROOM 201 — 9:00 PM: a) Conference with Labor Negotiator (Government Code Section 54957.6(a)) Negotiator's Name: Daryl Chandler Employee Organization: San Rafael Firefighters Association 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 d) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager At the conclusion of the Closed Session, Mayor Boro announced that no reportable action was taken. Closed Session Adjournment: 11:00 PM JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12001 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 06/18/2001 Page 13