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.
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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