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HomeMy WebLinkAboutCC Minutes 2002-01-22SRCC Minutes (Regular) 01/22/2002 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 22, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Gus Guinan, Assistant City Attorney Eric Davis, Deputy City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: None. Present: Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Albert J. Boro, Mayor ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM RE: WOODGLEN APARTMENTS, MERRYDALE ROAD: - FILE 13-16 (Verbal) Mark D. Firestone, Cotati, distributed copies of his address to Councilmembers, providing a copy for Mayor Boro, together with a copy to the City Clerk for entry into the record. Mr. Firestone reported that he and his wife managed the Woodglen Apartments on Merrydale Road for five years and prior to that, lived there as tenants for three years. He indicated that in spite of a desire to remain as management, they abruptly resigned three and one half years ago. He explained this was mainly through disgust with the way the previous and current building owners expected them to treat tenants, and from the frustration of attempting to provide a clean, habitable and safe environment for tenants, at rents which many of them could then ill -afford. Mr. Firestone indicated it was during this period that rents began to skyrocket in Marin County, fueled by nothing more than greed on the part of building owners taking advantage of a housing demand created by an influx of workers in the high-tech industry. He reported having done everything in his power, ultimately unsuccessfully, to convince the owners not to succumb to this cupidity. Noting a steady decline since leaving, Mr. Firestone stated that over the past few years he had heard many stories of mismanagement and lack of required on-site management, together with unsafe and unsanitary conditions at this property. He stated that as would be apparent to anyone with a passing knowledge of apartment management and landlord law, on at least two occasions, tenants had received retaliatory terminations of tenancy for requesting repairs be made and that management respond to disturbances, which denied longtime residents the peaceful enjoyment of their apartments. Mr. Firestone reported that one such tenant was Susan Mace, a resident of Woodglen Apartments, whose application to rent he and his wife approved. He noted they had no problems with Ms. Mace during their tenure; however, it did not surprise him that she had invoked the wrath of the current manager, who, tired of being requested to do his job, terminated Ms. Mace's tenancy. Mr. Firestone indicated that the manager took this extraordinary step rather than address the disruptive tenants and basic safety issues, such as a lack of outdoor lighting. He reported that Woodglen's owner is a Fair Rental Practices Owner (FRPO) agreement signatory. Mr. Firestone reported that actions such as this on the part of the current owner and manager have created a climate of fear at this one apartment building, where tenants are living in substandard conditions and do not possess the resources to move, if necessary. He questioned how many similar buildings there are in San Rafael, the County, State and Country. In the case of Ms. Mace, Mr. Firestone stated that every agency available to assist tenants in resolving tenant/landlord disagreements and provide financial support for citizens with disabilities, has failed. He commented that it may be surprising to know that Tenant -Landlord Mediation Services is an all -volunteer group, with whom a landlord is under no obligation to interact, ever. Mr. Firestone stated that Marin Housing cannot provide the equivalent of even one month's rent for a deposit to enable Ms. Mace to relocate, noting that many landlords require two months' rent as a deposit. He indicated that Legal Aid was unable to assist Ms. Mace and Marin Fair Housing refused to pursue mediation on her behalf and on behalf of one other tenant forced from Woodglen. He stated that the City of San Rafael, while willing to look into Ms. Mace's concerns regarding unsafe and unsanitary conditions, concerns which, in part, led to her illegal termination, will not involve itself in the matter of her ouster. He indicated that Marin Housing will not assist Ms. Mace in mediation and one of their employees allegedly SRCC Minutes (Regular) 01/22/2002 Page 1 SRCC Minutes (Regular) 01/22/2002 Page 2 advised the owner of this property not to give her three months' notice as is required by new legislation for persons with disabilities. He stated that this last issue comes as no surprise to him as his personal experience of endeavoring to obtain mediation help for tenants on housing assistance is that rather than help keep minor issues from escalating, Marin Housing will only advise landlords to terminate a person's tenancy. In short, stated Mr. Firestone, every avenue available to Ms. Mace has failed. He indicated that the City of San Rafael, her landlord, and the community and county in which she has resided and worked her entire life have failed, and while he could have ignored the entire affair, being no longer involved, he found himself before Council this evening. Quoting Rabbi Maimonedes, famous Rabbi and philosopher of the middle ages, Mr. Firestone stated "If I am not for myself, who will be for me? But if I am only for myself, what am I? And if not now, when?" Mr. Firestone stated that a voluntary system such as the Fair Rental Practices Owner agreement will do nothing to prevent landlords from routinely ignoring the laws already in existence, to the detriment of tenants. He indicated that legislated, reasonable rent control and accountability for landlords' wrongful actions are needed and it is the duty of everyone, the City, tenants and landlords alike, to enact such legislation. Further, he stated he would be recommending that the Marin County Grand Jury launch an investigation to ascertain whether Marin Fair Housing and Marin Housing Authority are acting in the best interests of those they are supposed to represent. He indicated he would appreciate Council's help and support in this endeavor. Lastly, Mr. Firestone stated that as those in attendance this evening climb into warm beds on the night of February 1, they should remember Susan Mace. He commented that although she is a former member of Marin County's law enforcement community, permanently disabled while performing her duties for the Mill Valley Police Department, she will be beginning a new life by taking up residence in the back of her truck, homeless not by choice, as many would like to believe the dispossessed are, rather because this community failed her. Having requested to read the substance of a letter written to the Marin County Grand Jury, Vice -Mayor Cohen informed Mr. Firestone he had vastly exceeded the allotted urgency time, and there was no action Council could take this evening since this item was not on the Agenda. Vice -Mayor Cohen stated he understood the severity of the issue and expressed appreciation for Mr. Firestone's passion. He indicated his willingness to read a copy of the letter to the Grand Jury, which was included with the material submitted by Mr. Firestone this evening. Councilmember Phillips then moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special Joint Budget Hearing Minutes approved as submitted. of May 30, 2001 and Special and Regular Meetings of Monday, December 17, 2001 (CC) 2. Monthly Investment Report for Month Ending Accepted the Monthly Investment November, 2001 (MS) — File 8-18 x 8-9 Report for the month ending November, 2001, as presented. 4. Resolution Authorizing Execution of Agreement with RESOLUTION NO. 10992 - Caporicci, Cropper & Larson, LLP, CPAs to Assist the RESOLUTION OF THE CITY COUNCIL City in Complying with GASB 34 (Governmental OF THE CITY OF SAN RAFAEL Accounting Standards Board) APPROVING, AND AUTHORIZING THE re: Infrastructure Assets Inventory (MS) — CITY MANAGER TO EXECUTE, AN File 4-3-399 x 8-9 AGREEMENT WITH CAPORICCI, CROPPER AND LARSON, LLP FOR CONSULTING SERVICES TO COMPLETE INFRASTRUCTURE INVENTORY AND VALUATION, AND TO PREPARE FINANCIAL STATEMENTS IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) STATEMENT #34 (Period covered: 1/22/02 through 12/31/03) SRCC Minutes (Regular) 01/22/2002 Page 2 SRCC Minutes (Regular) 01/22/2002 Page 3 5. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1775 - An Ordinance of the City of No. 1775. San Rafael Amending the Zoning Map to Reclassify Certain Real Property from Planned Development (PD) District to a Revised PD District with Adopted Development Plan and Zoning Regulations for the Aldersly Garden Retirement Community at 308 and 326 Mission Avenue (APN 014-054-31 and 32) (ZC01-04) (CD) — File 10-3 x 10-5 x 10-7 6. Consideration of Request by Ritter House for Fee RESOLUTION NO. 10993 — Waiver for an Environmental and Design Review RESOLUTION WAIVING PAYMENT OF Permit Application (CD) — File 9-10-2 x 10-7 FEES FOR THE ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPLICATION (ED01-136) FOR RITTER HOUSE TO MODIFY AN APPROVED LANDSCAPE PLAN; APN 011-272-13 7. Consideration of Request by Marin Head Start (1510 RESOLUTION NO. 10994 — Fifth Avenue) for Fee Waiver (CD) — RESOLUTION WAIVING File 9-10-2 x 10-2 CONSTRUCTION FEES FOR 1510 FIFTH AVENUE (MARIN HEAD START) 9. Resolution Approving an Amendment to an RESOLUTION NO. 10995 — Agreement with Jeffery Baird (A Sole Proprietor) for RESOLUTION APPROVING AN Planning Consulting Services Ending December 31, AMENDMENT TO AN AGREEMENT 2002, in an Amount Not to Exceed $96,900.00, for the WITH JEFFERY BAIRD (A SOLE San Rafael General Plan 2020 (P98-4) (CD) — PROPRIETOR) FOR PLANNING File 4-3-353 x 115 (2020) CONSULTING SERVICES, ENDING DECEMBER 31, 2002, IN AN AMOUNT NOT TO EXCEED $96,900.00, FOR THE SAN RAFAEL GENERAL PLAN 2020 (P98-4) 10. Memorandum of Understanding Between the County RESOLUTION NO. 10996 — of Marin and the City of San Rafael Agreeing to Use, RESOLUTION AUTHORIZING Maintenance and Land Tenure for a Skatepark at MEMORANDUM OF McInnis Park (CS) — File 4-13-111 x 9-3-65 x 9-3-66 UNDERSTANDING BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL AGREEING TO USE, MAINTENANCE AND LAND TENURE FOR A SKATEPARK AT MCINNIS PARK 11. Resolution Accepting Marin Community Foundation RESOLUTION NO. 10997 — Funds in Amount of $60,000 for Support of the Mental RESOLUTION ACCEPTING MARIN Health Liaison Project and Authorizing a Matching COMMUNITY FOUNDATION FUNDS IN $60,000 Scholarship Fund for Police Officers to THE AMOUNT OF $60,000 FOR Obtain Advanced Training in the Mental Health Field SUPPORT OF THE MENTAL HEALTH (PD) — File 194 x 9-3-30 LIAISON PROJECT AND AUTHORIZING A MATCHING $60,000 SCHOLARSHIP FUND FOR POLICE OFFICERS TO OBTAIN ADVANCED TRAINING IN THE MENTAL HEALTH FIELD 12. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 10998— Contract for Manuel T. Freitas Parkway and SB 101 RESOLUTION AWARDING Off -Ramp Signal Modifications, Project No. 10676 CONTRACT FOR MANUEL T. (Bid Opening Held on Tuesday, January 8, 2002), to FREITAS PARKWAY AND SB 101 Richard A. Heaps, Electrical Contractor, Inc., in the OFF -RAMP SIGNAL MODIFICATIONS, Amount of $89,556 (PW) — File 4-1-543 x 11-10 PROJECT NO. 10676 (BID OPENING HELD ON TUESDAY, JANUARY 8, 2002), TO RICHARD A. HEAPS ELECTRICAL CONTRACTOR, INC. IN THE AMOUNT OF $89,556.00 (Lowest responsible bidder) SRCC Minutes (Regular) 01/22/2002 Page 3 SRCC Minutes (Regular) 01/22/2002 Page 4 AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro The following item was removed from the Consent Calendar for discussion, at the request of Councilmember Heller: 3. RESOLUTION AMENDING LEASE AGREEMENT WITH MACERICH COMPANY FOR CITY HALL AT THE MALL, TO EXTEND LEASE TO JANUARY 31, 2003 (MS) — FILE 2-9-21 x 247 Stating she had read the report concerning City Hall @ The Mall and favored extending the lease with Macerich, Councilmember Heller noted this was very good for the City, with lots of favorable comments received. She indicated it would be advantageous to inform the public of the availability of the meeting room and also, the presence of the police station. Councilmember Heller thanked Volunteer Program Manager, Cory Bytof and staff, encouraging him to keep up the good work. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10999— RESOLUTION AUTHORIZING AN AMENDMENT TO THE SPECIALTY LEASE AGREEMENT BETWEEN MACERICH COMPANY AND CITY OF SAN RAFAEL FOR CITY HALL AT THE MALL (February 1, 2002 — January 31, 2003) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen None Mayor Boro The following item was removed from the Consent Calendar for discussion at the request of Don Dickenson, President CAPA (Citizen Advocates for the Preservation of St. Vincent's/Silveira): 8. RESOLUTION ACCEPTING A PROPOSAL FOR SERVICES AND AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE ST. VINCENT'S VILLAGE PROJECT AND POTENTIAL DEVELOPMENT OF THE SILVEIRA RANCH PROPERTY (CD) - FILE 4-3-400 x 115 x 10-2 Community Development Director Bob Brown stated this item involves approval of a contract with RBF Consulting to prepare an Environmental Impact Report (EIR) for the anticipated St. Vincent's Village project. He indicated that City staff selected RBF because of their breadth of in-house expertise. Mr. Brown stated that it includes engineering and architectural services, which will be utilized when they are requested to prepare alternate site plans for a hypothetical development of the Silveira ranch, for evaluation cumulatively with the proposed St. Vincent's development. Mr. Brown emphasized that the proposed scope of services should be viewed as a preliminary scope, intended merely to initiate the consultant's work, even though it is approximately sixty pages long and the proposed cost almost $900,000. He indicated that if any environmental issues, which should have been examined, were missed, these would come to light in the typical public scoping process to follow the submittal of the applications. At that time, the contract would be returned to Council for amendment. Mr. Brown introduced Laura Worthington -Forbes, Project Manager for RBF, together with Dan Coleman, Shapell Industries representative. Anticipating questions from the public concerning the reason for proposing the contract without having received the actual application, Mr. Brown explained that first, staff believes it to be important to get the consultants on the site during the winter while the wetlands are still wet. He reported there had been considerable study of the on-site wetlands; however, this would be the first opportunity for the consultant team to actually view them in their glory. Secondly, Mr. Brown stated staff wished to have a review initiated of what is now approximately twenty years' worth of environmental studies collected and performed on these properties. He reported this to be a stack approximately three feet tall; therefore, the earlier the review begins, the sooner they will become familiar with the properties prior to any public workshops and meetings. Lastly, Mr. Brown stated that the interest expressed by the public is to the effect that they would like detailed environmental information concerning what development of St. Vincent's and/or Silveira might mean. Mr. Brown repeated that the earlier this is started, the sooner the information will be available to share with the public. This, he stated , is the rationale for bringing it forward at this time. SRCC Minutes (Regular) 01/22/2002 Page 4 SRCC Minutes (Regular) 01/22/2002 Page 5 Mr. Brown reported that City Manager Gould wished to make very clear that there would be a commitment signed by the applicant, Shapell Industries, and St. Vincent's, stating they would reimburse the City for any expenses resulting from this scope of work. On this point, Vice -Mayor Cohen stated it was reported at the outset there would be additional public scoping sessions; the agreement indicates that should there be additional costs due to expansion of the scope through the public hearing process, the responsibility for payment of this additional work would rest with the applicant, and he requested verification. Mr. Brown responded affirmatively, adding staff would return to Council with a revised contract, at which time Shapell Industries and St. Vincent's would also commit to any revision in the scope. Don Dickenson, 327 Jewell Street, President, CAPS (Citizen Advocates for the Preservation of St. Vincent's/Silveira), stated he appreciated the fact that staff telephoned to inform him this item was on tonight's agenda; however, he was shocked that the City would proceed on a track unprecedented in the history of Marin County. Mr. Dickenson explained the normal process is that a developer submits an application, which the City reviews and determines the scope of the environmental review, awarding the contract based on the application. He stated that in this case, the public is not aware of the exact nature of the residential part of the project or what the commercial part of the development would consist of. Mr. Dickenson stated this is probably the second largest EIR contract in the history of Marin County, exceeded only by that of the Buck Center; therefore, a major precedent would be set this evening. He indicated having conversed with a number of EIR consultants, some of whom had been very involved in the process and supportive of the City, in an effort to solicit feedback, and reported their shock that the City would do this in the absence of an actual application and specific development proposal from the property owner. Should the concern be that certain studies be carried out, Mr. Dickenson stated it was suggested to him and he was proposing, that these be contracted for separately, and not embark on a $900,000 EIR contract which, in fact, places the taxpayers of the City of San Rafael at risk for this amount. Mr. Dickenson stated that Community Development Director Brown had inquired in a telephone message whether he had specific comments on the scope of work, and he indicated he chose not to make any, as this would add legitimacy to a process he believed to be seriously flawed. He commented that it was unfortunate the City was initiating this major land use decision-making process in a way which has eroded public confidence. Mr. Dickenson indicated it was important Council realized that a lot of people known to them had expressed real concern that the City would undertake what is being proposed by staff. He commented that the schedule is already out of date in that the work was scheduled to commence at the beginning of the year. Mr. Dickenson reported a real issue in terms of equity, in that public agencies require a developer to place all the money for the administrative cost up front, and not sign a promissory note, as is offered in this case. He stated that should the City decide to proceed with the contract, as he suspected, Shapell should be required to submit a check for $1,117,608, the amount owed on this contract, and not deliver a promissory note, which the City would have the obligation to collect on at some future point. He believed this to be a very bad precedent to set for a public agency, particularly on a project such as this. Dan Coleman, Project Manager, Shapell Industries and St. Vincent's, stated that in essence, there is an application. He indicated that the St. Vincent's/Silveira Task Force put forward the number of units and uses on the land and Mr. Brown's comments this evening related to the land plan. With respect to the question on the indemnification of the City of San Rafael, Mr. Coleman assured Council that Shapell Industries would be liable for the costs, and, in fact, would submit this money in whatever amounts deemed necessary to fulfill their obligation. With respect to the cost of the Environmental Impact Report, Mr. Coleman stated that in terms of cost, it is the largest amount of money they have ever entered into for a project; they have no problem with the scope of work or amount of money, given the assurance by City staff of the competency of RBF and their knowledge of Marin County. Concluding, Mr. Coleman stated they would be submitting the project shortly, noting the City wishes to carry out some environmental work while the site is still wet, which they favor. Councilmember Miller inquired as to when Shapell Industries would present the application. Responding, Mr. Coleman stated this would be done shortly; they are considering some design issues with respect to the realignment of Miller Creek, amongst other environmental aspects, which were not a part of the original contemplated plan. These, he stated, are not significant with respect to the design of the project itself, and would be an adjunct to the plan submission, as requested by staff. SRCC Minutes (Regular) 01/22/2002 Page 5 SRCC Minutes (Regular) 01/22/2002 Page 6 Councilmember Miller requested Mr. Coleman explain his definition of "shortly". In response, Mr. Coleman stated the application would be presented within forty-five days. Noting the willingness to put the money up front, Councilmember Phillips inquired as to why this had not been done. Mr. Coleman explained that on signing the contract and prior to commencement of any work, they would be more than happy to supplement any account deemed necessary by the City. Councilmember Phillips suggested that perhaps, a refundable deposit was one way to handle the issue. Community Development Director Brown stated he wished to assure everyone that staff is not proposing to shortcut the public scoping process, which will take place subsequent to receipt of the application, when the project description could be shared. He indicated he would be shocked to discover any significant unanticipated environmental issues not already considered in the eighteen months of the St. Vincent's/Silveira process, and the previous two studies. He believed a lot is known about the process and the concerns of the Marin community regarding the sites. Mr. Brown mentioned that CEQA (California Environmental Quality Act) does not mandate any specific sequence of events in the initiation of an EIR; therefore, there is no legal question in tonight's issue. On the question of financial liability, Mr. Brown stated that St. Vincent's has already deposited funds with the City, which have been utilized for the pre -application process. He indicated they will deposit funds specifically for the EIR consultant and also for the City's overhead amount, which is 25%. In terms of precedent, Mr. Brown stated that the submission of all funds up front is not required on large EIRs. He instanced the Ranchitos Park project as a recent example, where the applicant's deposit amounts have been increased coterminous with the receipt of invoices for the EIR. Mr. Brown stated that Environmental Impact Reports notoriously come in over budget; therefore, staff does not look to have the funds on deposit accruing interest, and typically, these processes can take two years or longer. Mr. Brown stated that City Attorney Ragghianti would comment on the contractual agreement and the City's liability. City Attorney Gary Ragghianti reported that when first presented with the Resolution he refused to approve it, chiefly because of precisely what has been raised. He stated he was not satisfied there was satisfactory language in the Resolution which forbade the City Manager to execute the contract until his office had looked at, and there had been signed, a contract by Shapell Industries. He directed Council to paragraph 2a of the Resolution which, he stated, was written purposefully. Mr. Ragghianti assured Council that the contract would not be let unless his office approved an agreement with, and signed by, Shapell, obligating them to pay every cost involved in the processing of the proposed studies, together with, as it is written, any other environmental cost, if and when an application is filed. This, stated Mr. Ragghianti, includes the 25% administrative fee. He stated it should be made very clear that this Resolution does not authorize anything other than an agreement be prepared, to be reviewed by the City Attorney's office, signed by Shapell, and then the City Manager would be advised he could sign the agreement. Addressing Mr. Dickenson, Vice -Mayor Cohen stated he understood his concerns, indicating he had expressed similar concerns to staff when the issue was first presented, adding he would have appreciated hearing this when or shortly after Mr. Dickenson was first approached regarding his thoughts. Vice -Mayor Cohen stated that the issue, which made sense to him, was that of getting someone on the site to carry out a thorough site reconnaissance. He indicated having heard statements recently that the cows are knee-deep in water and it would appear fitting during a particularly wet winter to have a consultant doing some site inspection. Vice -Mayor Cohen noted that Mr. Dickenson inferred it would be possible to sub -contract for those particular studies without getting into the entire EIR process in advance of an application, and inquired if there was a process by which the City could do this that he, Mr. Dickenson, could support. Responding, Mr. Dickenson stated that Nona Dennis, Task Force Member, made that suggestion, and was to the effect that should the City really intend to proceed with some of the environmental inventory work now, this is how it would normally be done, as opposed to entering into a contract to do an Environmental Impact Report on a project not yet submitted. He indicated this could be done by pulling out that particular part of the contract and contracting for that inventory work in advance. Mr. Dickenson pointed out that should it take a long time, it will be next year. Vice -Mayor Cohen stated he knew and respected Nona Dennis and inquired whether Mr. Dickenson could support that process should the City decide to follow it. Mr. Dickenson stated he would have no problem if this is merely the inventory work to be done during the winter. SRCC Minutes (Regular) 01/22/2002 Page 6 SRCC Minutes (Regular) 01/22/2002 Page 7 Councilmember Heller stated she was happy with the Resolution as revised and believed it to be the way to go, favoring getting started now and evaluating the agreement when presented. Agreeing, Councilmember Phillips stated there was sufficient foundation for proceeding with a meaningful EIR and he was comfortable that, in fact, the City would be reimbursed fully for any expenditures associated with the process. Councilmember Miller stated he was comfortable with the financial arrangements and welcomed the fact of commencing now in order to meet the winter schedule. He indicated this would assist in going forward with more understanding and greater integrity. Simultaneously, Councilmember Miller stated it allows time to review the application in terms of the context, namely the deep study of the last twenty years of proposals, reports, etc., on the site. These, he stated, are very appealing to him and he believed their timeliness would be helpful to the entire process, making it more solid and valuable. Expressing concern, Vice -Mayor Cohen stated the larger issue is that the City should be in a position to assure the public this really will be an open process, and that there will be a full and careful study of all the issues, at a level of detail he was not convinced had been evident yet, particularly when evaluating a specific project, as opposed to the general work of the Task Force. He confirmed having spoken with Community Development Director Brown and City Manager Gould regarding this concept, and expressed some concern regarding bringing this forward in advance of a project application. Vice -Mayor Cohen expressed satisfaction with the financial arrangements and trusted that City Attorney Ragghianti would protect the City's interest in ensuring that the agreement places Shapell "on the hook", indemnifying the City and ensuring the taxpayers' money is not at risk. He stated that should there be a perception a different process was being undertaken than heretofore, he was unsure whether this was the correct way to begin the review. Vice -Mayor Cohen stated it made sense to him to evaluate conditions as they exist now during the winter. He noted that Mr. Dickenson had pointed out this could wait until next year when it could actually be timely as the EIR rolls around; however, it appeared to him that given the nature of this winter, it made sense to conduct this study now. As for the remainder getting underway, Vice -Mayor Cohen stated this is a timeliness issue and when Shapell and St. Vincent's/CYO decide to submit an application, the clock will begin running, and when it is timely for them to submit an application, the other work can commence. He commented that the environmental documents containing the twenty years of work done will still remain; the consultant can commence tomorrow or two months from now when the application is submitted. He noted that just two months would be lost and should the applicant delay two months to submit, this would meet their time clock. Vice -Mayor Cohen stated he would favor requesting staff to work with the consultant to study the conditions as they exist now, holding back on the remainder until there is an application in hand, then go through a public scoping hearing to gain the full faith and confidence of the public by ensuring that normal procedures will be followed, with public participation. He believed it to be everyone's intention, both staff and Council, to have a fully open process, and anything creating a different appearance should be avoided. He realized this would be a very difficult and contentious land use issue and every step should be taken, publicly inviting people to participate in the process. Councilmember Miller stated that the study of the documents should also commence now. Councilmember Phillips stated that at some point in time the City would move forward to determine the consequences of the EIR and noted the application would be submitted in 45 — 60 days. Reviewing the files of previous reports would take some time and he suspected this would be running concurrent and proceeding in a logical fashion; therefore, he was not sure much would be achieved by bifurcating the process. He indicated that it struck him it would be up to the consultant to view the process in context with the total project, to determine the most efficient way to deal with this rather extensive process and he favored leaving it to them to determine the means. He noted it would cost money, presumably to the ultimate occupants of the homes, and favored not adding to this cost. Councilmember Phillips stated he did not see the reason for taking the convenient first step, when, in fact, it is taken out of context. Dan Coleman, Shapell Industries, explained that with construction documents, one does not necessarily dictate to the contractor how, when, where or what part of the project is commenced. He indicated they had been made fully aware of what the consultant would do by City staff and are aware of the consequences of this cost. He indicated that they are ready to go ahead with the scope of the project as presented to Council, to enable the consultant to move forward. Although not a public hearing, Vice -Mayor Cohen stated he would close public discussion and return the issue to Council. SRCC Minutes (Regular) 01/22/2002 Page 7 SRCC Minutes (Regular) 01/22/2002 Page 8 City Manager Gould stated this was not a critical decision. He indicated that it is at Council's discretion whether or not to undertake the entire Environmental Impact Report now, or segment the scope of work, review the background documents, carry out the wetlands studies first, and subsequently, pursuant to receipt of the application and scoping session, return with the full contract for the EIR. He indicated that either way works, and staff is more or less indifferent. Vice -Mayor Cohen stated he was not comfortable going forward. He believed there was some benefit in taking a look at the site in its current condition, which could be different sixty days from now, and this was the basis on which he agreed to evaluate the issue when presented this evening for discussion. He did not believe there was anything objectionable in requesting the consultant to begin reviewing the previous studies, provided the cost of any work done is covered by Shapell and CYO. Vice -Mayor Cohen stated for him, the immediacy was looking at the site carefully in the middle of winter and he could not support going forward with the remainder without commencing with the public scoping process. Councilmember Heller stated she did not agree, believing this to be a good way to begin. She considered the advantage of commencing now and working through the winter to be the fact that there could be other issues which could be brought forward to the official scoping session when this point is reached. She indicated her confidence that everything to be done by the City would be completely in sunlight and with the participation of the environmental community every step of the way in the EIR process and through to the end. Councilmember Heller stated that should Vice -Mayor Cohen be so uncomfortable, she would be happy to defer or bifurcate the process; however, she was not aware of anything other than his being uncomfortable. Vice -Mayor Cohen apologized for his lack of clarity, and explained that specifically, his discomfort was with any notion of an indication to the public that anything abnormal was being done, or there was any avoidance of the usual public process, whereby an Environmental Impact Report is started with a public scoping hearing to receive comment. This, he stated is the normal process followed with a development application, and should there be concern that by beginning the procedure the impression is given, albeit unintended, that the normal process is being avoided, this could be a mistake and could send the wrong message to the public who are paying a lot of attention to the project and the review process being followed. Vice -Mayor Cohen indicated that whatever is to be gained by commencing the work now is not worth the potential cost of people believing the process is not one where the City has been faithful to that which is normal. He commented that he had not heard a compelling argument as to why it is necessary to start now, other than the issue of reviewing the site during winter conditions. Vice -Mayor Cohen stated that he would favor achieving this without doing the remainder; however, should the other Councilmembers favor proceeding with the staff recommendation, this was their right. Councilmember Phillips stated it was his impression that perhaps Vice -Mayor Cohen's suggestion was out of the ordinary as he did not recall splitting an EIR project such as this. He sought staff's interpretation of whether the recommendation this evening was abnormal in the industry, or out of the sunlight of the public, and if not, he was prepared to offer a motion. Community Development Director Brown stated he did not recall having been associated with a project where the EIR was initiated prior to the receipt of a formal application, nor had he been involved in a project which had such public scrutiny for so many years. From a staff standpoint, Mr. Brown reiterated City Manager Gould's remarks that it could be worked either way. He stated the reason he contacted the various environmental organizations two weeks ago was to ensure there would not be an impression of any attempt to slip anything through. He expressed regret if this was the perception as it was not the intent, and was the reason for the early disclosure. City Manager Gould commented that staff endeavored to ascertain if there was a signal from the environmental advocates that this was uncomfortable or created a perception of going out of order, and it was not evident until this evening of the existence of such a perception. Based on this evening's input, Councilmember Phillips inquired what City Manager Gould's impression was. Responding, City Manager Gould stated that one prominent environmental advocate was heard to say there was a perception that it was somehow inappropriate to begin the environmental review prior to receipt of the application. He believed this summarized Mr. Dickenson's comments and remarked that had this been known two weeks ago, this item might have been delayed. Although precluding to some degree the wet period, Councilmember Phillips inquired whether staff would still have held off, to which City Manager Gould responded affirmatively. SRCC Minutes (Regular) 01/22/2002 Page 8 SRCC Minutes (Regular) 01/22/2002 Page 9 At this point Councilmember Phillips stated he believed Vice -Mayor Cohen's argument had merit and should be followed, and he would vote accordingly. Councilmember Miller stated he was comfortable with the bifurcation and would like to see the addition of the documents. Noting Mr. Dickenson's indication that he could support the commencement of a portion of the work, particularly carrying out a site survey, Vice -Mayor Cohen inquired if staff could meet with Mr. Dickenson and Nona Dennis, Task Force member, and explore whether a portion of the recommendation to commence the site survey could be returned to Council in two weeks. City Manager Gould stated staff would make every attempt. Otherwise, stated Vice -Mayor Cohen, it could be postponed to the next rainy season to fully study the conditions. Councilmember Phillips stated he would have a problem with delaying the project a year. City Manager Gould stated staff would work with the consultant and applicant to segment that portion of the scope of work regarding the wetlands study and document review, ensure it is acceptable to the applicant to commence this work now, thereafter, confer with Don Dickenson and Nona Dennis, Task Force member, and if possible, return this item at the City Council Meeting of February 4, 2002. Vice -Mayor Cohen confirmed this item would be referred back to staff for further action. SPECIAL PRESENTATION: 13. INTRODUCTION OF FOUR NEW EMPLOYEES IN THE SAN RAFAEL POLICE DEPARTMENT (PD) — FILE 9-3-30 Police Captain Thomas Boyd stated it was always a very enjoyable task to present new employees to Council, and this evening there were four new, fresh faced Police Officers to be introduced, all currently in varying stages of training. Captain Boyd made the introductions as follows: Scott W.Eberle, Police Officer, was born in San Francisco and grew up in Marin County. He is a graduate of Novato High School and recently graduated from Sonoma State University with honors. Scott has served as a cadet with the San Rafael Police Department and is also a Sergeant in the United States Army Reserves, serving as a medical specialist. Scott completed the Santa Rosa Police Academy in December 2001. Millard W. Garrett, Police Officer, grew up in Santa Cruz and is an avid surfer. He graduated from San Lorenzo Valley High School in Felton and is also a graduate of Cabrillo College in Aptos. Milard served as a Beach Ranger in Santa Cruz for two years and completed the Santa Rosa Police Academy in August, 2001. Melissa A. Joves, Police Officer, from the Sonoma Valley town of Kenwood, graduated from Montgomery High School in Santa Rosa. She earned her Associate of Science Degree from Santa Rosa Junior College and also attended Sonoma State University. Melissa served as a volunteer firefighter in Rincon Valley Fire Department, has been a Cadet for the San Rafael Police Department for approximately two years and completed the Police Academy in December, 2001. Bradley M. Kashack, Police Officer, from Penngrove, California is a graduate of Petaluma High School, where he was a member of the Track, Baseball and Soccer teams. He attended Santa Rosa Junior College and worked in loss prevention for Macy's for the past three years. Brad completed the Police Academy in December, 2001. Police Captain Boyd commented that the new Police Officers were doing very well in their training programs. PUBLIC HEARINGS: 14. Public Hearing — CONSIDERATION OF FINAL ADOPTION OF ORDINANCE NO. 1773 ENTITLED: "AN ORDINANCE OF THE CITY OF SAN RAFAEL HONORING THE MEMORY OF MAIA ROPION AND AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AMENDING THE UNIFORM FIRE CODE, 1997 EDITION, PRESCRIBING REGULATIONS FOR THE PREVENTION OF FALLS FROM HOTEL WINDOWS" (FD) FILE 1-6-4 x 9-3-31 x 9-1 Fire Marshal Keith Schoenthal stated this was originally precipitated by Maia's fall from a window SRCC Minutes (Regular) 01/22/2002 Page 9 SRCC Minutes (Regular) 01/22/2002 Page 10 at the Embassy Suites Hotel in August, 2001. He indicated that soon thereafter, Council requested staff to prepare an ordinance to prevent a similar occurrence in the future. He explained that at the November 5, 2001 meeting, the ordinance was introduced and the public hearing began at the meeting of November 19, 2001. At the latter meeting, a representative of the Hotel and Motel industry, Mr. James Abrams, addressed Council and raised some issues relative to the type of fire sprinkler system which would be appropriate for use; there was also a pending request for a reinterpretation from the State Fire Marshal's Office, and responses to both of these issues were available this evening. Returning to what the ordinance itself does, Fire Marshal Schoenthal stated that firstly, all new hotel/motel buildings would be required to install a commercial fire sprinkler system and ensure windows could not be opened more than four inches. Windows in existing hotel/motel properties from the fourth floor and above would immediately be precluded from opening no more than four inches. He indicated that the remaining issue pertained to floors one through three of hotel/motel properties and the conflict which occurred between the fire and life safety requirements in the current building code and the ordinance. This, he stated, was relative to the sprinkler issue and the conflict with the Embassy Suites Hotel concerning the interpretation. Fire Marshal Schoenthal stated that while the State Fire Marshal's Office had not responded directly, they had corresponded with the Embassy Suites, urging them to return to the San Rafael Fire Department for a request for alternate means. This, he stated, was the substance of his request to the State Fire Marshal's Office and he now believed that issue had been taken care of. Reporting having had extensive conversations last week with Mr. Abrams, Hotel & Motel Industry, with regard to his request to use the lesser fire sprinkler system, Fire Marshal Schoenthal stated he pointed out to him that the Fire Department was precluded by state law from having something less restrictive than in the State Code, it could only be more restrictive. He indicated that Mr. Abrams understood this concept, they had exchanged e-mails and telephone calls and he reported that Mr. Abrams indicated it was unnecessary for him to attend tonight's meeting based on the staff report which he received by e-mail. Fire Marshal Schoenthal stated it was his belief that all the issues raised at the City Council meeting on November 19, 2001 had been satisfactorily answered. He indicated that Mr. Abrams was satisfied with the fact that the San Rafael Fire Department was under obligation to uphold any interpretations of the State Fire Marshal's Office, which is acknowledged by the Fire Department and affirmed by the City Council. Finally, Fire Marshal Schoenthal pointed out that building standards are being adopted in the ordinance which require Findings of Fact should the Fire Department be more restrictive than the State Building Code; these Findings of Fact are also contained in the ordinance. Councilmember Miller stated that according to the ordinance, should the Embassy Suites submit a letter certifying they now have the hard core doors, fire sprinklers, etc., they would be in absolute compliance, and he inquired if this was correct, to which Fire Marshal Schoenthal responded affirmatively. Confirming that the same applied to the Four Points Sheraton, Fire Marshal Schoenthal stated that further conversations had taken place between November and now with the Four Points Sheraton and their fire protection contractor. He explained that when the ordinance was presented to Council in November, staff was unsure of the type of fire sprinkler system at the Four Points Sheraton; however, it has now been established they have the commercial level fire sprinkler system installed. Fire Marshal Schoenthal concurred with Councilmember Miller that closing the windows in both hotels was basically the remaining issue, adding that in his opinion all that was needed was for them to apply. Indicating that this was a continuation, Vice -Mayor Cohen reopened the public hearing and invited comment from the audience. There being no public comment, Vice -Mayor Cohen closed the public hearing. Councilmember Miller stated that before leaving for Washington, Mayor Boro requested that Councilmember Miller express, on Mayor Boro's behalf, the deep sorrow he and the City of San Rafael carry over the death of Maia Ropion. Mayor Boro had indicated that this ordinance honors Maia and is adopted to prevent falls from hotel windows, so that tragedy and death do not occur and life prevails. The title of the Ordinance was read "AN ORDINANCE OF THE CITY OF SAN RAFAEL HONORING THE MEMORY OF MAIA ROPION AND AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AMENDING THE UNIFORM FIRE CODE, 1997 EDITION, PRESCRIBING REGULATIONS FOR THE PREVENTION OF FALLS FROM HOTEL WINDOWS" SRCC Minutes (Regular) 01/22/2002 Page 10 SRCC Minutes (Regular) 01/22/2002 Page 11 Councilmember Miller moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and approve final adoption of Charter Ordinance No. 1773 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Chair Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro City Manager Gould stated he would like to publicly commend Fire Marshal Keith Schoenthal for the tremendous amount of research and analysis he conducted to bring forward this Ordinance, which it is hoped will prevent any further fatalities in our hotels. Vice -Mayor Cohen added his appreciation also. 15. Public Hearing — CONSIDERATION OF REQUEST BY MARIN SANITARY SERVICE FOR A RATE INCREASE FOR REFUSE COLLECTION AND RECYCLING SERVICES AND ADOPTION OF RESOLUTION AMENDING AGREEMENT SETTING RATES (MS) — FILE 4-3-32VI x 13-2 Assistant City Manager Nordhoff stated that as has been done in the past several years, the City of San Rafael has worked cooperatively with five other agencies who are served by Marin Sanitary Service for refuse and recycling programs, to conduct a rate analysis. Recalling that this was done last July, Mr. Nordhoff stated that as part of the rate proposal, there was a recommendation to move to a calendar year basis, as operated by the company, to afford better historical information. Mr. Nordhoff reported that work has been completed, the report from the consultant is included and staff is recommending a four -tenths of one- percent increase. He indicated this figure appears rather nominal; however, this is how the figures translate, noting that one of the other agencies is lagging a little behind in keeping up with the revenue requirements of the other agencies. He indicated that when this is taken into consideration, the result is less than a one-half percent increase. This, he stated, translates to very nominal amounts of money, i.e. five cents per month on a 32 -gallon can service for those who reside in flat areas and ten cents for those residing on hillsides. He noted this is the service area below Puerto Suello Hill, as North San Rafael is served by Las Gallinas Sanitary District. Mr. Nordhoff stated he would be happy to answer questions, and reported that Patty and Joe Garbarino had evaluated the report and study, concurred with the recommendations, and were present this evening. With regard to less use of landfill, Councilmember Miller inquired if this was due to more recycling. Responding, Joe Garbarino stated that although there was more garbage, more was being recycled, and while there were 110,000 tons ten years ago, there are over 300,000 tons presently. He further stated that with 65% being recycled, this makes Marin Sanitary Service number one in the State of California and probably in the United States, according to the San Francisco Chronicle. Councilmember Miller noted that not only are they enhancing the environment, they are also saving the customer a considerable amount of money. Mr. Garbarino agreed the savings were considerable. Vice -Mayor Cohen opened the public hearing and there being no comment from the audience, closed the public hearing. Concurring with Councilmember Miller's remarks, Vice -Mayor Cohen stated that on the last occasion on which Mr. Garbarino was present, he, Vice -Mayor Cohen, addressed an issue of concern to him, namely, the increasing risk of hazardous waste in computer equipment. He recognized and thanked the Garbarino family for their work with the City in stepping up and providing a place for people to take computer equipment, to ensure that the lead in computer monitors does not permeate the landfills and present a public health hazard. He expressed his appreciation for the swift response on this issue, which is beginning to come to a lot of people's attention. Vice -Mayor Cohen stated that Marin Sanitary Service is in the lead, which places San Rafael in the lead also and he appreciated the cooperation. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 11000— RESOLUTION TO SET MAXIMUM RATES AND FEES FOR MARIN SANITARY SERVICE REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE JANUARY 1, 2002 SRCC Minutes (Regular) 01/22/2002 Page 11 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY MANAGER'S REPORT: SRCC Minutes (Regular) 01/22/2002 Page 12 Heller, Miller, Phillips and Vice -Mayor Cohen None Mayor Boro 16. MEETING WITH CALTRANS RE RENTS FOR APARTMENTS ON BROOKDALE AVENUE: - FILE 11-16 x 13-16 City Manager Gould reported that staff would be meeting with the Deputy Director of CALTRANS next Monday to address the very steep rent increases required of the tenants of apartments on Brookdale Avenue, in preparation for the GAP closure project. He indicated that on hearing pleas from the tenants for an investigation, Council had directed staff to contact Senator Burton's office. This was done and staff now looks forward to hearing from the CALTRANS' official next Monday, subsequent to which he would advise Council of the outcome. Vice -Mayor Cohen confirmed he would be in attendance. COUNCILMEMBER REPORTS: 17. a) SOLAR ENERGY: - FILE 1-6-8 x 12-4 x 12-5 Vice -Mayor Cohen reported that at a recent Marin Conservation League presentation on solar energy, it was brought to his attention that the State of California has a grant program whereby capital costs up to 50% would be reimbursed for electricity generating solar panels, to a total of 1 megawatt generating capacity. He indicated that public agencies are eligible to apply for this grant and subsequent to an initial investigation, it appears that CMSA (Central Marin Sanitation Agency) could be eligible for up to $4,000,000 in reimbursement should the retrofitting at that plant go forward. This could conceivably generate half the plant's energy needs over the next twenty-five years. Vice -Chair Cohen stated that the Corporation Yard and Pickleweed are two projects which should be evaluated for the addition of solar rays on the roof. He commented that the grant money would not be available forever, and being surprised to hear that public agencies were eligible, requested staff to follow up on this and provide Council with an initial analysis, as has been done by CMSA. City Manager Gould stated staff was aware of the grant program, preliminary analysis had been carried out, and subsequent to further investigation, they would present their findings to Council. b) CULTURAL AFFAIRS COMMISSION: - File 9-2-24 Councilmember Phillips reported that he and Mayor Boro would be meeting with the Cultural Affairs Commission early next month, and they would appreciate receiving Councilmember thoughts on the Commission in advance of this meeting, and would subsequently report back. There being no further business, the City Council meeting was adjourned at 9:09 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 01/22/2002 Page 12