HomeMy WebLinkAboutCC Minutes 2002-03-042
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SRCC Minutes (Regular) 03/04/2002 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 4, 2002 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Present: Albert J. Boro, Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: Paul M. Cohen, Vice -Mayor
Case Name:
a) Margaret L. Zitek, Trustee, et al. v. City of San Rafael
Marin County Superior Court Case No. CV005119
(Now pending in the First District Court of Appeal)
Citv of San Rafael v. Maraaret L. Zitek. Trustee. et al.
Marin County Superior Court Case No. CV010768
b) MHC Financing, et al. v. City of San Rafael, et al.
U.S. District Court, Northern Dist. Of CA, Case No. C003785
c) Steven Jackson, et al. v. City of San Rafael
Marin County Superior Court Case No. CV014302
d) Sandra Rolleri v. City of San Rafael
Marin County Superior Court Case No. CV002432
e) Estate of Harold Wilson, et al. v. City of San Rafael, et al.
Marin County Superior Court Case No. CV014368
Assistant City Attorney Gus Guinan announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None.
8:08 PM
Councilmember Phillips moved and Councilmember Heller seconded, to approve the Consent Calendar,
as follows:
ITEM
RECOMMENDED ACTION
Approval of Minutes of Special Meeting of February 5, Minutes approved as submitted.
2002 (CC)
Summary of Legislation Affecting San Rafael (CM) —
File 116 x 9-1
4. Resolution Authorizing Renewal of a Five-year Lease
Agreement Between City of San Rafael and San
Rafael Goldenaires for Room 1 at San Rafael
Community Center (CS) — File 4-10-149 x 9-3-65
ADDroved staff recommendation:
SB 1227 Housing Bond Act 2002.
Senator John Burton — SUPPORT
S 1337 Homeland Security Block
Grant. Senator Hillary Clinton —
SUPPORT
RESOLUTION NO. 11017 —
RESOLUTION AUTHORIZING THE
SIGNING OF THE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL
AND THE SAN RAFAEL
GOLDENAIRES SENIOR CITIZENS
CLUB (FIVE-YEAR AGREEMENT FROM
MARCH 4, 2002 TO MARCH 4, 2007)
SRCC Minutes (Regular) 03/04/2002 Page 1
SRCC Minutes (Regular) 03/04/2002 Page 2
5. Monthly Investment Report for Month Ending January, Accepted Monthly Investment Report
2002 (MS) — File 8-18 x 8-9 for the month ending January, 2002, as
presented.
6. Report on Bid Opening and Resolution Authorizing
RESOLUTION NO. 11018 —
Purchase of One Cargo Van with Lift Gate and One
RESOLUTION AWARDING PURCHASE
Heavy Duty Cargo Van from Victory Chevrolet in
ORDER FOR ONE CARGO VAN WITH
Amount of $46,008.00 (bid opening held on Tuesday,
LIFT GATE AND ONE HEAVY DUTY
February 26, 2002) (PW) — File 4-2-317
CARGO VAN TO VICTORY
CHEVROLET IN THE AMOUNT OF
$46,008.00 (Lowest responsible bidder)
7. Resolutions Accepting (1) Grant Deed of Easements
1) RESOLUTION NO. 11019 —
for Storm Drain Purposes from Rockport Land
RESOLUTION ACCEPTING GRANT
Corporation and Pablo Land Corporation; (2) Grant of
DEED OF EASEMENTS FOR
Easement for Construction and Maintenance of Storm
STORM DRAIN PURPOSES FROM
Drain from Jacqueline Annes Trust; (3) Grant of
ROCKPORT LAND CORPORATION
Easement for Construction and Maintenance of Storm
AND PABLO LAND
Drain from Robert F. and Ashley C. Roden, Baypoint
CORPORATION, BAYPOINT
Lagoons Unit 3B (PW) — File 2-4-29 x 9-3-40
LAGOONS UNIT 3B; APN: 09-420-
07 (PARCEL H) & EGRET VIEW (A
PRIVATE STREET)
2) RESOLUTION NO. 11020 —
RESOLUTION ACCEPTING GRANT
OF EASEMENT FOR
CONSTRUCTION AND
MAINTENANCE OF STORM DRAIN
FROM JACQUELINE ANNES
TRUST, BAYPOINT LAGOONS UNIT
3B; APN: 09-420-57
3) RESOLUTION NO. 11021 —
RESOLUTION ACCEPTING GRANT
OF EASEMENT FOR
CONSTRUCTION AND
MAINTENANCE OF STORM DRAIN
FROM ROBERT F. RODEN AND
ASHLEY C. RODEN, BAYPOINT
LAGOONS UNIT 3B;
APN: 09-420-59
8. Resolution Accepting Grant Deed from Olympia RESOLUTION NO. 11022 -
Investment, Inc. and Authorizing the Expenditure of RESOLUTION ACCEPTING GRANT
$38,480.00 to be Funded from the North San Rafael DEED FROM OLYMPIA INVESTMENT
Traffic Mitigation Fee Fund (PW) — INC. AND AUTHORIZING THE
File 2-5-46 x 9-3-40 EXPENDITURE OF $38,480.00 TO BE
FUNDED FROM THE NORTH SAN
RAFAEL TRAFFIC MITIGATION FEE
FUND (PORTION OF APN: 179-142-04;
PROPERTY ADDRESS: 127
MERRYDALE ROAD)
9. Resolution Authorizing the Mayor to Sign a Item removed from the Agenda and
Reimbursement Agreement with the Marin continued to a date uncertain, at the
Telecommunications Agency Related to Lease request of staff.
Payments for Fiber Optic Strands Installed in the City
of San Rafael Under a Lease Between the Marin
Telecommunications Agency and Metromedia Fiber
Network Services, Inc. (PW) — File 4-13-101 x 12-18
10. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance
ORDINANCE NO.1776 — An Ordinance of the City No. 1776.
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
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AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
OLD BUSINESS:
11. RESOLUTION RESCINDING RESOLUTION NO. 10789 AND REVISING THE POLICY FOR
CONSIDERATION OF FEE WAIVER REQUESTS FOR PLANNING AND BUILDING PERMITS
(CD) — FILE 9-10-2 x 9-1-2 x 10-2
Community Development Director Bob Brown stated this was hopefully one of those "third time is
a charm issues" . He reported that since the February 4t" meeting, he had had an opportunity to
discuss this issue with the sub -committee on rational fee waivers, Councilmembers Heller and
Miller, and indicated that staff was now offering a modification to the existing fee waiver policy,
which would retain the waiver provisions presently in place for affordable housing and daycare
facilities; however, would limit fee waivers for other non -profits to only those providing services to
lower income residents, and limiting the amount to a maximum of $2,000 per request.
Mr. Brown indicated that the Resolution before Council this evening would allow staff to administer
this policy, being relatively straightforward, and should there be denials, the applicant would have
the ability to appeal to the City Council without charge.
Regarding the terminology in the Resolution, i.e., "non-profit or other community organizations
which provide services which principally benefit lower income residents of San Rafael", Mayor
Boro inquired as to why it was necessary to have this measurement rather than dealing with a
non-profit which provides services to San Rafael residents.
Responding, Mr. Brown explained that some of the discussion at the City Council Meeting of
February 4, 2002, focused on the types of non -profits and the need, and there was mention of a
preference that non -profits which benefit those of lower income not be eliminated, particularly in
more difficult economic times. He indicated that since staff was endeavoring to ascertain potential
revenue loss, it was felt that should fee waivers be offered, they should focus on the most needy.
He recalled that in the past, requests had been received from, for example, churches for signs,
etc., which were discouraged and not presented to Council. The intent in this instance was to get
the fee waivers in the hands of those organizations providing the greatest benefit.
Mayor Boro stated this was a good example as the church could infer they are providing services
to people in need and the $2,000 would permit them to do that. He made reference to the recent
fee waiver to the Marin History Museum, which, had this new policy been in place, would not have
qualified, and argued why it would not be assumed that people of all economic means would not
benefit from a museum.
Responding, Community Development Director Brown stated the question is whether or not the
services they principally provide are to lower income. He instanced Ritter House, which does not
necessarily provide affordable housing; however, would qualify.
Mayor Boro stated the policy had been simple, it was opened up and now, in his opinion, had
become complicated. He indicated his understanding had been that in returning this issue to
Council, staff's recommendation would be to limit fee waivers to non-profit groups, at $2,000. He
equated this to the time the Marin Center passed an ordinance indicating reduced rental rates for
those associated with non -profits, which resulted in the majority of promoters in the County staging
benefits for non -profits, at reduced rental rates.
Councilmember Miller explained that ordinarily, this benefit would go to agencies benefiting the
lower income, as they have a very small base from which to draw income compared to the Marin
History Museum, which could garner funds and fund development very easily because of the base
and economic circumstances of the users, unlike an agency having the poor as its basic
constituency. Councilmember Miller stated it was his belief that the basic premise of government
includes a preferential option towards the poor and those most in need.
Mayor Boro stated that Ritter House, a non-profit group which he wholeheartedly supports, has an
operating budget of over $1 -million per year; therefore, he believed Councilmember Miller's
argument would not hold. He reiterated his opinion that the policy was being complicated and it
should either be maintained as before for housing and childcare, or alternatively, non -profits,
believing that should a needs test be initiated, substantial argument would ensue from all types of
agencies regarding their efforts to address need. While believing Councilmember Miller's ideals to
be great, Mayor Boro indicated it was his belief they were not practical in application.
Councilmember Heller stated she understood Mayor Boro's concerns; however, did not agree with
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him. She believed this policy afforded a nice square box to begin to work from, and indicated that
should someone infer they do provide services principally to the lower income, it could force them
to indeed do something they would not normally have done and the City would be obliged to grant
the $2,000; however, she did not believe there would be a problem with this.
Councilmember Phillips requested clarification that Mayor Boro's suggestion was for the inclusion
to provide for housing, daycare and non -profits. Mayor Boro confirmed this to be non -profits
benefiting residents of San Rafael, without the qualifier. Councilmember Phillips inquired
therefore, whether this broader definition would apply to the groups about which Councilmember
Miller expressed concern.
Councilmember Miller explained that the narrow definition was because of limited resources,
indicating that the smaller agencies had difficulty in raising the funds. He commented that by
having a cap and directing funds principally to those helping the poor imposes limits.
Noting there were eight approved fee waivers to date, Councilmember Phillips inquired as to the
number of anticipated applications should all non -profits be included. Community Development
Director Brown stated that some non -profits are aware the City offers fee waivers; however, many
are not, and of the list of eight, he indicated three would probably not have qualified if the lower
income clause had been in place.
Councilmember Phillips inquired as to whether others would have been on the list had all non-
profit applicants been included. Community Development Director Brown stated that this is simply
a list of those who applied; he explained there are probably more non -profits per capita in Marin
than elsewhere, many of which frequently apply for fee waivers on building permits.
Mayor Boro questioned whether the nature of a non-profit is generally that of doing something to
help the disenfranchised, poor and needy. Responding, Mr. Brown stated that amongst the wide
variety, many are spiritual or cultural. Mayor Boro stated that for this reason he disagreed on the
museum as they would make a case for the fact that they reach out to the entire community, not
merely those who attended college.
Community Development Director Brown stated that the question becomes, "To whom is their
service principally going"? He explained that a fee waiver was granted to the Marin General
Hospital Thrift Shop, and while they do not sell goods to the poor, the proceeds are used to fund
their clinic, which is provided for the poor; therefore, this would qualify.
City Manager Gould inquired whether it was Mayor Boro's intent not to define non -profits by their
mission, rather limit the maximum fee waiver to $2,000 for other than affordable housing providers
and childcare providers. He indicated that the proposal before the sub -committee goes further in
that it specifies a $2,000 limit for those fighting poverty and having as their primary mission,
helping the neediest in society.
Returning to his earlier question, Councilmember Phillips stated that with concern regarding the
budget should there be a "ton" of requests, he was apprehensive about opening it completely, and
for this reason he was in a quandary.
City Manager Gould clarified that the fee waiver policy had been opened completely since Council
last addressed the issue, hence the eight applications listed in the staff report. Having clarified
with staff that this was a complete list over the past year of all non -profits making application,
Councilmember Phillips indicated he agreed with Mayor Boro.
Mayor Boro invited comment from the audience and there being none, returned the issue to
Council. As the Councilmembers present this evening were split on the recommendation, he
suggested carrying the item forward for two weeks.
Of those fee waivers granted, Councilmembers and staff noted that under the recommended
proposal, three would not have been approved.
Councilmember Heller moved and Councilmember Phillips seconded, to carry this item forward to
the City Council meeting of March 18, 2002.
AYES: COUNCILMEMBERS: Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: Miller
ABSENT: COUNCILMEMBERS: Cohen
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Mayor Boro recognized four students from Dominican University in attendance and invited them to
participate, if they so desired.
NEW BUSINESS:
12. RECOMMENDATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROPOSALS FUNDING YEAR 2002-03 (RA) — FILE 147
Economic Development Coordinator Katie Korzun stated that in 1999 the City and County revised
the Cooperative Agreement for the Community Development Block Grant (CDBG) funds, setting
up a new process, and this is the third year of basically similar operation under this process. She
indicated that the public service portion of the funds had a recommendation made by a Local Area
Committee on January 31; the recommendation to be made by Council this evening will go on to
the Marin County Board of Supervisors for consideration at their meeting of May 7, 2002.
Ms. Korzun stated that the subject of one of tonight's actions is the reprogramming of previously
allocated funds. She explained that if a project has had unused funds for two years of more,
Council has the ability to reprogram them. She indicated that notices had been forwarded to
seven different groups alerting them to the fact that they were potential candidates for re-
allocation; however, staff was suggesting that only one, The Contempo Marin Homeowners
Corporation, be reallocated this evening. Ms. Korzun explained that that project is not moving
forward and they do have an allocation of some $113,000 extending back to 1991 which staff is
suggesting Council reallocate tonight.
As another smaller item, Ms. Korzun stated staff is recommending that $25,000 allocated in the
year 2000 to the Pickleweed Multipurpose Room project be reallocated to a more generalized
Pickleweed Community Center Expansion, since the projects will now be combined.
Ms. Korzun stated that the total amount of money is $561,199, reflecting the total allocation, minus
the public service, minus the administration to the County and with the addition of the $113,000 in
reallocated funds.
Of the nineteen projects submitted this year, Ms. Korzun stated that staff is suggesting nine be
funded as follows:
Countywide Housing Programs: Of the four in this category, Ms. Korzun stated that staff is
suggesting three be allocated money at the same amount as last year:
■ EAH Housing Advocacy;
■ The Fair Housing Program; and
■ The Residential Rehabilitation Loan Program
■ Added to this is the MCIL (Marin Center for Independent Living) Housing Accessibility
Modification, which is being shared with the remainder of the County. She indicated that an
allocation was not recommended last year as they had unspent funds at that time; however,
with the funds now exhausted, this will maintain the operation of this program for another
year.
Single Purpose Housing and Capital Projects:
■ Laurel Place Group Home receives an allocation of $33,500 for some substantial upgrades
to a facility on Laurel Place;
■ Second Step Emergency Shelter and Transitional Housing for Battered Women receives
$65,000. She explained this is MAWS' (Marin Abused Women's Shelter) fourth attempt to
get an application together and they are to be commended for generating an application the
City can support;
■ The Marin Early Head Start Infant Toddler Playground receives $31,602 to support half of
the cost of the new playground;
■ The new Walk-in Refrigerator/Freezer at Canal Community Alliance receives an allocation.
Ms. Korzun indicated that the remainder of the money, some $306,000 would be allocated to the
Pickleweed Community Center Expansion.
She reported that there were ten projects not recommended for allocation, which in no way reflects
their unworthiness for consideration, rather is the consequence of considerably more requests for
money than was available. Staff is confident, therefore, that with the way the funds were allocated
and the support received from the County, the money has been taken as far as possible.
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Regarding several projects not recommended for allocation, Ms. Korzun reported that staff is
actively working with Roy Bateman, County of Marin, to ascertain whether other sources of funds
can be generated. While not suggesting allocation for the Voyager Carmel Hotel, she indicated
that staff would be working with them at the Redevelopment Agency and they anticipate getting
the project moved forward.
Ms. Korzun stated staff recommends Council's support of the allocations as suggested and
indicated she was available for questions.
Mayor Boro invited comment from the audience and there being none, returned the item to
Council.
Mayor Boro confirmed that the Fair Housing Program and EAH Housing Advocacy Program funds
were separate issues and staff was satisfied there was sufficient money going towards Mediation
to take care of these.
Noting the presence of Roy Bateman and staff from the County of Marin in the audience,
Councilmember Miller stated he believed the whole process to be a great tribute to local
government and demonstrates how when local government works together hand in hand,
beneficial results ensue for the community. He indicated that with Economic Development
Coordinator Katie Korzun working together with Mr. Bateman and his staff, the process works and
depicts government at its best. He congratulated Ms. Korzun and the Redevelopment staff,
together with Mr. Bateman and his staff at the County of Marin.
Noting that Councilmember Miller is the San Rafael City Council representative for this project,
Mayor Boro thanked him for his work.
In perusing the list of projects not recommended, Councilmember Heller suggested in the course
of the next year or so, evaluating the EAH/OnLok Housing Services. Seeing this as a very
interesting proposal, she would like to ascertain whether something in that arena might work with
the City as a partner.
Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11023 - RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT FUNDING FOR THE YEAR 2002-03
TO THE MARIN COUNTY BOARD OF SUPERVISORS
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
COUNCILMEMBER REPORTS:
13. None.
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 .2002
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 03/04/2002 Page 6