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HomeMy WebLinkAboutCC Minutes 2002-03-042 3 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 SRCC Minutes (Regular) 03/04/2002 Page 2 SRCC Minutes (Regular) 03/04/2002 Page 3 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 SRCC Minutes (Regular) 03/04/2002 Page 3 SRCC Minutes (Regular) 03/04/2002 Page 4 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 SRCC Minutes (Regular) 03/04/2002 Page 4 SRCC Minutes (Regular) 03/04/2002 Page 5 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. SRCC Minutes (Regular) 03/04/2002 Page 5 SRCC Minutes (Regular) 03/04/2002 Page 6 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