HomeMy WebLinkAboutCC Minutes 2002-02-19SRCC Minutes (Regular) 02/19/2002 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 19, 2002 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Esther C. Beirne, Deputy City Clerk
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
None.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None.
Present: Albert J. Boro, Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: Paul M. Cohen, Vice -Mayor
8:01 PM
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar,
as follows:
ITEM
Approval of Minutes of Regular Meeting of Monday,
February 4, 2002 (CC)
2. Call for Applications for Appointment to Fill One 4 -
Year Term on the San Rafael Fire Commission Due
to Expiration of Term of Dr. Stephen Mizroch — Term
to Expire End of March 2006 (CC) — File 9-2-5
RECOMMENDED ACTION
Minutes approved as submitted.
Approved staff recommendation:
a) Called for applications to fill one,
four-year term on the Fire
Commission, to end of March,
2006;
b) Set date for receipt of applications
for Tuesday, March 12, 2002 at
12 -noon;
c) Set date for interviews of
applicants at a Special City Council
meeting to be held on
Monday, March 18, 2002,
commencing at 6:30 p.m.
3. Request for Amicus Participation: (CA) — File 9-3-16 Approved amicus participation.
Oak Creek Estates v. Town of Paradise
(3rd District Court of Appeal, Case Nos. C038577
and C039424)
4. Resolution Designating March as Colorectal Cancer RESOLUTION NO. 11011 -
Awareness Month (CM) — File 104 RESOLUTION DESIGNATING THE
MONTH OF MARCH AS COLORECTAL
CANCER AWARENESS MONTH
5. Appointment of Karen Moore to the General Plan Appointed Karen Moore as
2020 Steering Committee (P98-4) (CD) — replacement member to serve on the
File 115-1 x 115 (2020) General Plan Steering Committee,
replacing Lilian Jara.
6. Resolution Authorizing Agreement Between City of RESOLUTION NO. 11012—
San Rafael and Orca Swim Club for the 2002 Swim RESOLUTION AUTHORIZING THE
Season (April through August) (CS) — SIGNING OF THE 2002 AGREEMENT
File 4-10-172 x 9-3-65 BETWEEN THE CITY OF SAN RAFAEL
AND THE ORCA SWIM CLUB
SRCC Minutes (Regular) 02/19/2002 Page 1
7. Resolution Authorizing the City Council to Extend the
Professional Services Agreement with Amphion
Professional Design Services to June 30, 2002 for the
Medway/Canal Project (PW) — File 4-3-379
8. Resolution Authorizing Purchase of One Additional
Vehicle from Victory Chevrolet, in the Amount of
$38,954.00 Per Bid Document Dated September 6,
2001 (PW) —File 4-2-316
SRCC Minutes (Regular) 02/19/2002 Page 2
RESOLUTION NO. 11013 -
RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXTEND A
PROFESSIONAL SERVICES
AGREEMENT WITH AMPHION
ENVIRONMENTAL, INC. FOR
PLANNING AND DESIGN SERVICES
RELATED TO THE MEDWAY/CANAL
INTERSECTION IMPROVEMENT
PROJECT, THROUGH JUNE 30, 2002
RESOLUTION NO. 11014—
RESOLUTION AUTHORIZING THE
PURCHASE OF ONE VEHICLE FROM
VICTORY CHEVROLET IN THE
AMOUNT OF $38,954.00, PER BID
DOCUMENT DATED SEPTEMBER 6,
2001
9. Grant and Acceptance of Easements and a)
Authorization to Enter Into Agreements re San Rafael
Corporate Center: (PW) —
File 2-5-45 x 2-7 x R-368 x R-405
a) Resolution Approving Agreement for San Rafael
Corporate Center LLC, Grant of Public Easement
to City of San Rafael, Over Property Owned and
to be Maintained by San Rafael Corporate Center
LLC, as a Park Open to the Public (APN 013-021-
043), Accepting Grant of Public Access Easement
Contained in Said Agreement, Authorizing
Execution of Agreement by Mayor, and Directing
Recording of Agreement by City Clerk
b) Resolution Approving Agreement for City of San
Rafael Grant of Access and Maintenance
Easement to San Rafael Corporate Center LLC,
over City Property (APN 013-021-041) Adjoining
Property Owned and to be Maintained by San
Rafael Corporate Center LLC, as a Park Open to
the Public, Authorizing Execution of Agreement by
Mayor, and Directing Recordation of Agreement
by City Clerk
RESOLUTION NO. 11015—
RESOLUTION APPROVING
AGREEMENT FOR SAN RAFAEL
CORPORATE CENTER, LLC
GRANT OF PUBLIC ACCESS
EASEMENT TO CITY OF SAN
RAFAEL, OVER PROPERTY
OWNED AND TO BE MAINTAINED
BY SAN RAFAEL CORPORATE
CENTER, LLC, AS A PARK OPEN
TO THE PUBLIC (APN 013-021-
043), ACCEPTING GRANT OF
PUBLIC ACCESS EASEMENT
CONTAINED IN SAID
AGREEMENT, AUTHORIZING
EXECUTION OF AGREEMENT BY
MAYOR, AND DIRECTING
RECORDING OF AGREEMENT BY
CITY CLERK
b) RESOLUTION NO. 11016 —
RESOLUTION APPROVING
AGREEMENT FOR CITY OF SAN
RAFAEL GRANT OF ACCESS AND
MAINTENANCE EASEMENT TO
SAN RAFAEL CORPORATE
CENTER, LLC, OVER CITY
PROPERTY (APN 013-021-041)
ADJOINING PROPERTY OWNED
AND TO BE MAINTAINED BY SAN
RAFAEL CORPORATE CENTER,
LLC, AS A PARK OPEN TO THE
PUBLIC, AUTHORIZING
EXECUTION OF AGREEMENT BY
MAYOR, AND DIRECTING
RECORDATION OF AGREEMENT
BY CITY CLERK
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
City Manager Gould announced that Jeff Holtzman, Wilson/EquityOffice, was present and reported that staff
had worked long and hard with Mr. Holtzman and the attorneys from his firm to develop the easement
agreements just approved. Mayor Boro thanked Mr. Holtzman, noting the lack of controversy.
Councilmember Heller indicated she had walked through yesterday and observed it to be very nice.
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SPECIAL PRESENTATIONS:
10. INTRODUCTION OF FOUR NEW FIRE DEPARTMENT PERSONNEL: (FD) — FILE 9-3-31 x 7-4
Fire Chief Robert Marcucci stated that on Saturday, February 23rd, the four new recruit firefighters
would demonstrate their newly acquired skills to their families and friends. He indicated all were
Paramedics, returning the Fire Department's complement to 24.
Introducing Barbara Geri nger-Frazier, Firefighter/Paramedic. Chief Marcucci stated she was born
in San Diego County, spent six years as a volunteer with Corte Madera Fire Department and is
presently earning an AS degree at the Community College. Barbara completed her internship with
the San Rafael Fire Department, lives in Corte Madera and has three children.
Chief Marcucci stated that Matthew Hall, Firefighter/Paramedic, was born in Los Gatos, spent four
years in the EI Dorado Fire Department at Fallen Leaf Lake, has recently completed a BA degree
at San Jose State and presently resides in Redwood City.
Warren Large, Firefighter/Paramedic, comes from Orlando, Florida and Chief Marcucci stated that
prior to coming to the San Rafael Fire Department, he spent eleven years in a Fire Department in
Florida, five of these as a Company Officer. Chief Marcucci noted that on inquiring as to the type
of fires he fought in Florida, Warren indicated they had to watch out for snakes. He is working on
his AS degree and resides in Concord.
Chief Marcucci reported that Mark Sedlack, Firefighter/Paramedic, raised in San Jose, was a
volunteer firefighter in the Saratoga Fire Department and a Paramedic in Santa Clara County. He
is working on an AS degree at Mission College and has recently relocated to San Rafael from
beautiful Morgan Hill.
Fire Chief Marcucci stated the four new recruits will be assigned to full duty from this weekend.
On behalf of the City Council and the citizens of San Rafael, Mayor Boro welcomed the new
Firefighter/Paramedics, indicating San Rafael was a great City to work in and the San Rafael Fire
Department is the best fire service in the County. Mayor Boro expressed his regret that he would
be unable to attend the celebrations on Saturday and congratulated the new Fire Department
personnel.
11. SPECIAL PRESENTATIONS BY MACERICH/NORTHGATE MALL TO SHOW SUPPORT FOR
THE SAN RAFAEL POLICE DEPARTMENT AND SAN RAFAEL FIRE DEPARTMENT (CM) —
FILE 102 x 104 x 2-9-21 x 247 x 9-3-30 x 9-3-31
Mayor Boro announced that Macerich representatives, Mary Dobbs and Kenneth Carrington
would make presentations to the San Rafael Police Department and San Rafael Fire Department.
Kenneth Carrington stated that the management of Northgate Mall wished to express their
appreciation, and that of the Mall merchants and the community, to the San Rafael Police and
Fire Departments. He indicated that with the support of the Mall merchants, 50% of the profits from
the recent Santa Photo Sales, $5,000, was being donated equally between the two Departments,
to demonstrate they are their heroes.
Mayor Boro invited both Police Chief Cronin and Fire Chief Marcucci to the podium.
Mary Dobbs presented checks for $2,500 each to the Police and Fire Department Chiefs, together
with "United We Stand" calendars for the Departments and staff, in recognition of their endeavors
in the community.
Mayor Boro thanked Ms. Dobbs and Mr. Carrington, together with Macerich, for their support, not
only in this effort, but also for City Hall @ The Mall. He indicated it was a great experience
resulting from a suggestion Councilmember Heller brought to Council's attention several years ago
as a good idea for the City of San Rafael. Mayor Boro stated it had really worked well and Council
appreciated very much working with this organization.
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PUBLIC HEARING:
12. Public Hearing —
CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ADOPTING AN AMENDMENT TO THE SECOND AMENDED AND RESTATED
REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT
AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2), AND
AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH (RA) —
FILE 140 x (SRRA) R-140 XIX
Mayor Boro declared the public hearing opened and invited Stephanie Lovette, Economic
Development Coordinator, to make the staff presentation.
Economic Development Coordinator Stephanie Lovette stated this ordinance amends the
Redevelopment Plan to remove the deadline for incurring debt. She explained that when AB
1290 was adopted in 1994, it required three limits: limit for incurring debt; limit for Agency
activities and a limit for collecting tax increment; however, it did not define the difference between
the limit for incurring debt, which was required to be 2004 and that for Agency activities, 2012.
Therefore, stated Ms. Lovette, in this session of the legislature, it was decided it would make
sense to remove the incurring debt limitation and specify that all of the Redevelopment Agencies
in the state could continue their activities for forty years from their date of adoption, and this is
what this ordinance does.
Ms. Lovette explained that basically, the Redevelopment Agency would be allowed to continue its
activities until 2012, at which point the Agency would go out of business; tax increment would
continue to be collected until 2022 to pay outstanding bonds at that date.
Ms. Lovette stated that an amendment to the Redevelopment Plan is anticipated to take care of
the tax increment cap; such amendment requires proof of significant substantial remaining blight in
the project area, which staff is in the process of doing. She indicated that the legislature divided in
half the work necessary for the plan amendment, and staff is delighted with this favor.
Mayor Boro invited comment from the audience and there being none, closed the Public Hearing.
Mayor Boro inquired as to the realistic timeline on the next phase.
Regarding the plan amendment, Ms. Lovette stated there is a consultant presently in the field and
she, Ms. Lovette, is in the process of doing some of the financial work; therefore, it is anticipated
submitting the initial documents to Council in April. She indicated that thereafter, there is a fairly
substantial noticing period for the taxing entities and for the environmental documents; however,
completion is anticipated this year.
Mayor Boro inquired whether preliminary discussions had taken place between any of the affected
agencies, such as the schools.
City Manager Gould stated that staff had a meeting with the new superintendent of the San Rafael
Schools and a letter would be sent to her at the end of this week, setting forth the basics of
redevelopment in San Rafael and what it is hoped to accomplish for the Plan Amendment. This,
he indicated, would initiate a series of conversations, particularly with the school district, over what
that means. He indicated that a successful outcome is anticipated.
City Manager Gould confirmed that this includes the College of Marin, and reported that
Supervisor Kinsey is also quite interested in the Plan Amendment and the next round of bond
issues also.
Mayor Boro inquired whether staff would be in a position to get this to the Board of Supervisors
before the end of the year. City Manager Gould responded affirmatively. Ms. Lovette stated that
the Board of Supervisors does not make the decision on the Plan Amendment; staff will consult
with them; however, the Plan Amendment is adopted by the San Rafael City Council. She added
that obviously, the Fiscal Agreement is the other problem.
Mayor Boro inquired how the Fiscal Agreement and the Plan Amendment tie together. City
Manager Gould stated that firstly, the plan would be amended, and tonight's action extends the
time frame for operation of the plan. In order to raise the debt limit, he indicated it will be
necessary to revise the description of blight and set forth a new series of projects which need to
be completed. Once completed, another round of bond issues can be addressed, at which time
staff will return to the taxing agencies for their permission. City Manager Gould confirmed it is
anticipated completing the entire process, i.e., amending the plan and being well along in the next
bond issuance, this year.
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Ms. Lovette clarified that as part of the Plan Amendment adoption, a public hearing is required.
Staff wished to get through the taxing agency negotiations prior to that public hearing in order to
secure their support at the hearing, and this is how the two tie together.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN
AMENDMENT TO THE SECOND AMENDED AND RESTATED REDEVELOPMENT PLAN FOR
THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33333.6 (e)(2), AND AMENDING RELATED ORDINANCES IN
CONNECTION THEREWITH"
Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading
of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1776 to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
CITY MANAGER'S REPORT:
13. Local Government Finance: - File 9-3-11 x 8-5 (Verbal)
Based on the information provided at the conference he attended in San Diego, City Manager
Gould stated he could update Council on events in Sacramento regarding local government
finance; however, he indicated opting to do this as part of his weekly report.
COUNCILMEMBER REPORTS:
14. PRESENTATION OF FLAGS: - FILE 104 x 9-1 (Verbal)
Councilmember Miller stated that Mayor Boro graciously permitted him to participate on his behalf
in the Presentation of Flags by the Daughters of the American Revolution to Mission San Rafael.
He explained that the first flag was that of the United States, with thirty one stars signifying the
time the Mission came into effect; there was a Bear flag of the same period, together with a
Spanish flag. He indicated that a Mexican flag, a flag of the City of San Rafael and a Papal flag
were also presented, all carried out by the Boy Scout Troop. Councilmember Miller reported
having read the Proclamation from His Honor, The Mayor, proclaiming it adequately. He
presented a Certificate of Award from the Daughters of the American Revolution to the City of San
Rafael, to Mayor Boro.
For the privilege of representing him, Mayor Boro reported that he took Councilmember Miller to
lunch today.
BANNERS: - FILE 104 x 4-3-394 x 9-1 (Verbal)
Councilmember Miller reported having met with Nancy Rosa, Canal Ministry, and Nita Winter,
nationally renowned photographer, this morning, to discuss the Marin Community Foundation's
request to Ms. Winter to work with the Canal Ministry and the Canal Healthy Community Grant to
submit to the Foundation a proposal for 40 banners depicting "Faces of the Canal" as an image
enhancing project for the Canal neighborhood.
Councilmember Miller explained that Ms. Winter developed the "Faces of Marin City" and this
project of prints and banners was exhibited at Falkirk, the Marin Civic Center and the Marin Jewish
Community Center. He indicated that Ms. Winter was invited by the City of Novato to produce 40
banners which were displayed in celebration of Novato's diversity. She was also responsible for
bringing the exhibit of the "Faces of St. Vincent's Free Dining Room". Councilmember Miller
displayed both sides of a banner depicting the "Faces of Marin City", and another depicting the
"Faces of Novato".
Councilmember Miller stated that Ms. Winter suggested the banners be placed on light poles on:
■ Francisco Boulevard — Medway to Irene;
■ Kerner Boulevard — Irene to Bellam;
■ Bellam Boulevard — Windward Way to Andersen; and
■ Pickleweed Park
and should the City wish to extend the exhibition outside the neighborhood, either more banners
SRCC Minutes (Regular) 02/19/2002 Page 5
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could be made and exhibited downtown and at Northgate, or the exhibition could travel from the
Canal Neighborhood to Downtown and to Northgate.
Councilmember Miller indicated that Ms. Winter requests the following from the City:
1. Coordination of the project by the Redevelopment Agency as follows:
a) Identify banner locations ensuring they do not conflict with signage, traffic, etc. He
commented that location identification with poles, was presently available for a number of
banners;
b) Provision of hardware, the cost of which would be approximately $150 maximum, for each
banner;
c) Hanging of the banners;
d) Soliciting a graphic designer to design the banners, which he hoped could be obtained pro
bono;
e) Suggesting people to be photographed from residents in every area of the neighborhood,
including Canal business people and employees in the area, to be as inclusive as possible;
f) At the beginning of June, co-sponsor with Canal Ministry and Canal Healthy Community
Grant, a family day at Pickleweed Park which would incorporate the opening of the exhibit.
Councilmember Miller indicated this could be in lieu of the Mercado and something growing out
of the community from the Healthy Community Grant. He stated that showcasing Pickleweed at
that time would present an excellent opportunity in terms of the expansion project, fundraising,
etc.
2. The City takes over the public information and media campaign for the project.
He indicated this does not require any Council action.
Mayor Boro stated he favored the idea; however, he would like to see this issue returned to
Council with some structure regarding an overall plan, cost, schedule, etc., and perhaps adopt a
Statement of Purpose and the expected outcome. He believed it would be ideal to ultimately tie it
into the rehabilitation of Pickleweed.
Councilmember Heller commented on having seen these banners in Novato and noted they were
very strong and looked wonderful. From Councilmember Miller's remarks she noted that at first it
sounded as if the Marin Community Foundation was giving a grant for this project; however, it then
moved over to the City of San Rafael paying for everything and running the entire show.
Councilmember Miller clarified that the City was not paying for everything and explained that the
photography from a nationally known photographer, the production of banners, etc., were at the
Marin Community Foundation's expense, with minimal expense to the City.
Councilmember Heller stated she disliked the idea of the Canal neighborhood being singled out
and would appreciate hearing their views on this issue. Commenting that this is San Rafael, she
would favor the description "The Faces of San Rafael", with the addition of perhaps, "Canal
Neighborhood" or any other neighborhood, and in this way, not differentiate the Canal from the
City, as it is the City.
Councilmember Miller indicated he did not deem it to be differentiating from the City, rather it was
recognizing that the Canal Neighborhood is part of the City. He explained it is being spearheaded
by a grant from the Marin Community Foundation and it would be necessary to work with them to
ensure it does not separate from the City, rather see it incorporated as part and parcel of the City.
Councilmember Heller indicated that in Novato the description is "Faces of Novato" depicting
many different types and colors; she disliked the Canal neighborhood being made a separate
entity.
Mayor Boro indicated his agreement and inquired who would be applying for the grant.
Councilmember Miller stated that Ms. Winter, photographer, would apply. Councilmember Heller
commented on her beautiful work, having seen all of her exhibitions.
Mayor Boro stated consideration should be given to what it is hoped to achieve and to ensuring
the grantor has this understanding.
SRCC Minutes (Regular) 02/19/2002 Page 6
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Councilmember Miller stated he would apprise Ms. Winter and request she explain this to the
Marin Community Foundation. He indicated he would be meeting with the Marin Community
Foundation on Wednesday.
City Manager Gould stated he has just learned of this opportunity today and believed it bore
looking into; however, he indicated that direction would be required from the Council, as it was his
understanding that should Ms. Winter be successful in obtaining the grant from the Marin
Community Foundation, she would require agreement that the City would perform on the seven
items outlined by Councilmember Miller. He stated that Council needed to indicate to staff
whether or not they would back a series of photographs of residents of the Canal Neighborhoods,
whether it should be expanded Citywide, whether it would be a series of neighborhood portraits in
different neighborhoods in San Rafael, and whether or not Ms. Winter and/or the Marin
Community Foundation would be interested in this. Mr. Gould reiterated that Councilmembers
needed to indicate their preference as to whether they agreed with the original concept to highlight
the diversity in the Canal neighborhoods in San Rafael, or whether to look more broadly in the
context of the entire City. He believed this to be fundamental prior to going forward.
In addition, Mayor Boro stated there was also the question of whether or not to perform the seven
steps outlined by Councilmember Miller, which was his reason for suggesting a plan and cost be
submitted to Council, together with some strategies on what it is hoped to accomplish. It was also
his reason for tying this to the Pickleweed expansion project, thereby, not necessarily spotlighting
the Canal, but demonstrating the strong financial commitment to the rehabilitation of the recreation
center. He believed that in this context, and that of sharing the project throughout the community,
there would not be the appearance of picking on one neighborhood, rather it would promote the
recreation center and its rehabilitation, which he believed to be important.
City Manager Gould favored discussions with Councilmember Miller and suggested that should
the Marin Community Foundation agree, perhaps a series of photographs of the users of
Pickleweed, depicting the diversity coming from all over the City of San Rafael and Marin County
to the community center, which happens to be in the Canal area, could be very interesting. He
indicated that should there be agreement, it would certainly serve the City's purpose.
Believing this thought probably had not occurred to the Marin Community Foundation,
Councilmember Miller indicated that to bring this idea forward could enhance the concept.
Councilmember Miller agreed with Mayor Boro there was a germ of an idea which he and the City
Manager would bring to fruition.
Councilmember Phillips agreed.
Mayor Boro again welcomed the four new firefighters.
There being no further business, the City Council meeting was adjourned at 8:30 p.m
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12002
MAYOR OF THE CITY OF SAN RAFAEL
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