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HomeMy WebLinkAboutCC Minutes 2002-08-05SRCC Minutes (Regular) 08/05/2002 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 5, 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 OPEN SESSION — COUNCIL CHAMBER — 9:20 PM: Mayor Boro announced Closed Session item. Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None CLOSED SESSION — CONFERENCE ROOM 201 — 10:10 PM: (at the conclusion of Council Meeting) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:12 PM Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Closed Session of Minutes approved as submitted. Thursday, July 11, 2002, and Special, Special Joint Public Hearing and Regular Meetings of Monday, July 15, 2002 (CC) 3. Impartial Analysis of Measure Re: Paramedic Accepted City Attorney's Impartial Services Special Tax for Residential Units and Non- Analysis. Residential Structures (CA) — File 9-4 x 9-12-1 x 9-3-31 x 9-3-16 4. Resolution of Appreciation to Donald Streeper, RESOLUTION NO. 11141 — Retiring Community Services Department Senior RESOLUTION OF APPRECIATION TO Supervisor (CS) — File 102 x 9-3-65 DONALD STREEPER, RETIRING COMMUNITY SERVICES DEPARTMENT SENIOR SUPERVISOR 5. Resolution of Appreciation to Ann Batman, Planning RESOLUTION NO. 11142 — Commissioner (CD) — File 102 x 9-2-6 RESOLUTION OF APPRECIATION TO ANN BATMAN, RETIRING SAN RAFAEL PLANNING COMMISSIONER 6. Resolution of Appreciation to Andrea Purdy RESOLUTION NO. 11143 — MacLeod, Design Review Board Member (CD) — RESOLUTION OF APPRECIATION TO File 102 x 9-2-39 ANDREA PURDY MACLEOD, RETIRING SAN RAFAEL DESIGN REVIEW BOARD MEMBER 7. Resolution of Appreciation to Suzie Pollack, RESOLUTION NO. 11144— Executive Director of Marin Nexus (CM) RESOLUTION OF APPRECIATION TO File 102 SUZIE POLLACK, RETIRING EXECUTIVE DIRECTOR, MARIN NEXUS SRCC Minutes (Regular) 08/05/2002 Page 1 SRCC Minutes (Regular) 08/05/2002 Page 2 8. Resolution of Appreciation to Mission San Rafael RESOLUTION NO. 11145— Rotary Re Rotary Island (CM) — File 102 RESOLUTION OF APPRECIATION TO THE ROTARY CLUB OF MISSION SAN RAFAEL FOR ROTARY ISLAND 9. Summary of Legislation Affecting San Rafael (CM) — Approved staff recommendation: File 116 x 9-1 Proposition 46. Housing and Emergency Shelter Trust Fund Act of 2002 — November Election - SUPPORT 10. Resolution Authorizing Extended Day Care RESOLUTION NO. 11146 — (Latchkey) Contract in Amount of $99,057.00 (CS) — RESOLUTION AUTHORIZING File 4-10-238 x 9-3-65 ENTERING INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION FOR EXTENDED DAYCARE SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $99,057.00 11. Resolution Authorizing State Preschool Contract for RESOLUTION NO. 11147 — FY 2002-03 in the amount of $148,719.00 (CS) — RESOLUTION AUTHORIZING File 4-10-238 x 9-3-65 ENTERING INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $148,719.00 12. Resolution Authorizing Child Development School- RESOLUTION NO. 11148 — Age Resource Grant of $5,304 (CS) — RESOLUTION AUTHORIZING File 4-10-238 x 9-3-65 ENTERING INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION FOR SCHOOL-AGE CHILD CARE RESOURCE PROGRAM AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $5,304.00 13. Resolution Authorizing Fire Department to RESOLUTION NO. 11149 — Sell/Donate a Surplus Van to Marin Abused RESOLUTION AUTHORIZING THE Women's Services (FD) — File 9-3-31 DONATION OF A SMALL (SIX) PASSENGER VAN TO THE MARIN ABUSED WOMEN'S SERVICES PROGRAM AND AUTHORIZING THE FIRE CHIEF TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO SAID DONATION (sold for the total sum of $1.00) 14. Monthly Investment Report for Month Ending June Accepted Monthly Investment Report 2002 (MS) — File 8-18 x 8-9 for month ending June, 2002, as presented. 15. Baypoint Lagoons Landscaping and Lighting District: a) RESOLUTION NO. 11150 — (PW) — File 6-48 RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL a) Resolution Directing Filing of Engineer's Annual REPORT — BAYPOINT LAGOONS Report; LANDSCAPING AND LIGHTING b) Engineer's Annual Report 2002-2003: DISTRICT (Pursuant to the This is to be filed; Landscaping and Lighting Act of c) Resolution Approving Engineer's Annual Report; 1972) d) Resolution of Intention to Order Improvements (and Setting Public Hearing for Meeting of b) Engineer's Annual Report 8/19/02) 2002-2003 - FILED SRCC Minutes (Regular) 08/05/2002 Page 2 SRCC Minutes (Regular) 08/05/2002 Page 3 c) RESOLUTION NO. 11151 — RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT — BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) d) RESOLUTION NO. 11152 — RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS — BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) (and setting a public hearing for Monday, August 19, 2002.) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion, at the request of Councilmember Heller: 16. RESOLUTION AUTHORIZING AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO DESIGN TRAFFIC SIGNAL SYSTEM AND INTERSECTION IMPROVEMENTS FOR THE INTERSECTIONS OF: 1) NOVA ALBION WAY AND LAS GALLINAS AVENUE; 2) NOVA ALBION WAY / ARIAS STREET; 3) NORTHGATE DRIVE AND LOS RANCHITOS ROAD; 4) LINCOLN AVENUE AND LINDEN LANE -LINDEN LANE (CUL DE SAC) (PW) - FILE 4-3-413 x 11-10 Councilmember Heller requested assurance that the Neighborhood Associations, Federation of Neighborhoods and Neighborhood Coalitions are aware these Signal System and Intersection Improvements are being designed and that they are included in the process. Public Works Director Dave Bernardi explained that as part of the job, the Consultant is required to work with the neighborhood to ensure all of their concerns are included in the design. He confirmed ADA requirements are included. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11153 — RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO DESIGN TRAFFIC SIGNAL SYSTEM AND INTERSECTION IMPROVEMENTS FOR THE INTERSECTIONS OF: 1) NOVA ALBION WAY AND LAS GALLINAS AVENUE 2) NOVA ALBION WAY AND ARIAS STREET 3) NORTHGATE DRIVE AND LOS RANCHITOS ROAD 4) LINCOLN AVENUE AND LINDEN LANE -LINDEN LANE (CUL DE SAC) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SPECIAL PRESENTATIONS: Cohen, Heller, Miller, Phillips and Mayor Boro None None Mayor Boro stated this was a great night for the City of San Rafael in that a number of people were being recognized: a civic group, an employee, people who have served on San Rafael Commissions and an individual who served non-profit agencies, all of whom are residents of San Rafael and have done so much for the City. SRCC Minutes (Regular) 08/05/2002 Page 3 SRCC Minutes (Regular) 08/05/2002 Page 4 17. PRESENTATION OF RESOLUTION OF APPRECIATION TO DONALD STREEPER, RETIRING COMMUNITY SERVICES DEPARTMENT SENIOR SUPERVISOR (CS) — FILE 102 x 9-3-65 Recognizing Don Streeper, Mayor Boro stated he had worked for the City of San Rafael for over twenty-six years in what was formerly the Recreation Department, now Community Services Department. While spending a substantial amount of time at different locations of the City, Mayor Boro stated Mr. Streeper also spent a considerable amount of time at Terra Linda. He oversaw the three Recreation Centers in his role as Supervisor and was very involved in the design and implementation of the new Terra Linda Pool. On behalf of the City Council and residents of the City of San Rafael, Mayor Boro thanked Mr. Streeper for the great job he had done for the City and offered his congratulations on a well-earned retirement. Don Streeper thanked the City Council, indicating it had been a real pleasure working for them and with the City Administration. 18. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANN BATMAN, PLANNING COMMISSIONER (CD) — FILE 102 x 9-2-6 Mayor Boro reported that Ann Batman was retiring from the Planning Commission after serving two terms; she was appointed in 1994 and prior to that spent many years on the Cultural Affairs Commission. Mayor Boro stated that for as long as he had known Ms. Batman she had been a community activist and a person not only willing to speak her opinion, but also get involved and assist in making changes. He reported the City Council was unique in that all five members had served on the Planning Commission; therefore, they fully appreciated and thanked Ms. Batman for her contribution. Mayor Boro stated the Resolution of Appreciation was on behalf of the City Council and the citizens of the City of San Rafael, expressing his own thanks for so much help and time expended for the City. Accepting the Resolution, Ms. Batman stated it had been a delight working on the Planning Commission and prior to that on the Cultural Affairs Commission. She indicated she loved the City of San Rafael and it had been a joy being part of it throughout the years. Ms. Batman stated she is relocating to Greenbrae, which did not imply her loyalties would not be with San Rafael. 19. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANDREA PURDY MACLEOD, DESIGN REVIEW BOARD MEMBER (CD) — FILE 102 x 9-2-39 Recognizing Andrea Purdy MacLeod, Mayor Boro stated it seemed just like yesterday that she was appointed to the Design Review Board; however, it had been seven years, and she had done an admirable job in that capacity. He indicated her efforts had been noticed throughout the City and the Resolution of Appreciation addresses the many different projects she had participated in while a member of the Design Review Board. He noted the Resolution indicated that Ms. MacLeod reviewed more than 300 design review applications during her tenure, often more than once. Mayor Boro expressed the City Council and residents of the City of San Rafael's appreciation and thanks and presented Ms. MacLeod with the Resolution of Appreciation. Ms. MacLeod stated it had been a pleasure working on the Design Review Board at such an interesting period in San Rafael. She indicated having been away from San Rafael for many years in the past, returning and becoming involved with the wonderful buildings and the many changes taking place. 20. PRESENTATION OF RESOLUTION OF APPRECIATION TO SUZIE POLLACK, EXECUTIVE DIRECTOR OF MARIN NEXUS (CM) — FILE 102 Mayor Boro indicated he had the pleasure of knowing Suzie Pollack for many years and she truly had been a community activist. While not having been appointed by the City to any Commission or Board, he indicated she certainly had worked with organizations involved with the City and had been a great influence on those groups she came in contact with. Mayor Boro stated the Resolution addresses the fact that Ms. Pollack began as a volunteer in the 1970s, joining the Marin Council of Agencies in 1980, and for twenty years was their Executive Director. He reported she helped form the Nexus Group and had demonstrated her many skills and talents with a contagious smile and a sense of caring. On behalf of the City Council and residents of San Rafael, Mayor Boro thanked Ms. Pollack for the great work she has done for the community of San Rafael. SRCC Minutes (Regular) 08/05/2002 Page 4 SRCC Minutes (Regular) 08/05/2002 Page 5 Commenting on her long history, Ms. Pollack confirmed she did, in fact, serve on the Cultural Affairs Commission some time ago. She stated she was honored to have been selected from all of those who had served the City in such specific ways, for her work at the County and indicated that perhaps now she would become involved with the City again. 21. PRESENTATION OF RESOLUTION OF APPRECIATION TO MISSION SAN RAFAEL ROTARY RE ROTARY ISLAND (CM) — FILE 102 Mayor Boro stated the final Resolution of Appreciation this evening was for Mission San Rafael Rotary Club and Steve Hill, Past President, was present as the Club's representative, noting City Clerk, Jeanne Leoncini, together with other members of San Rafael City staff are also members. For the benefit of the audience, Mayor Boro explained there is an island on the corner of Second Street and Lincoln Avenue that appeared pretty shabby and the Mission San Rafael Rotary Club took it upon itself to work to beautify the island with truly remarkable results. Mayor Boro stated the Resolution speaks to the fact that it was not confined solely to Rotary Club members in that help was secured in the form of voluntary contributions, in-kind labor and expertise; however, the fact that as an organization they took the time to make this mark on the City is very much appreciated. On behalf of the City Council, Mayor Boro thanked Mr. Hill and the Rotary Club of Mission San Rafael members, commenting that hopefully, the Resolution would be presented at the Club's next meeting. Expressing thanks for the Resolution, Mr. Hill stated he would appreciate the City removing its signs from the island. In recognition of this evening's recipients of Resolutions of Appreciation, Mayor Boro invited all to attend a combined reception in City Hall Lobby, temporarily delaying the City Council Meeting. PUBLIC HEARINGS: 22. Public Hearing — CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA (RA) — FILE (SRRA) R-140 XIX x (SRCC) 140 Mayor Boro declared the public hearing opened, commenting that the first phase of this item was heard two weeks ago. Economic Development Coordinator Stephanie Lovette explained that on July 15, 2002, the Redevelopment Agency approved the Plan and this evening's action was for approval by the City Council by Ordinance, which necessitated holding a public hearing. She stated that no comments were received since closing the public hearing with the Redevelopment Agency. There being no comment from the audience, Mayor Boro closed the public hearing. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA" Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1786 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. Public Hearing — CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ADOPT A COMPREHENSIVE UPDATE OF AND REVISIONS TO SAN RAFAEL MUNICIPAL CODE TITLE 15 — SUBDIVISIONS (SUBDIVISION ORDINANCE) (CD) — FILE 10-3 x 10-2 x 5-1 Community Development Director Bob Brown stated Paul Jensen, Contract Planner, would give the presentation. SRCC Minutes (Regular) 08/05/2002 Page 5 SRCC Minutes (Regular) 08/05/2002 Page 6 Contract Planner Paul Jensen reported that a comprehensive update of the Subdivision Ordinance was actually a long-standing goal of the City and in fact, was one of the original implementation programs in the 1986 General Plan. He stated that the ordinance was last updated in 1989 to incorporate the Parkland Dedication requirements, as well as the Hillside Subdivision Standards that are presently in the ordinance. Other than that, he indicated there have been very few changes to this ordinance over the years. Explaining the procedure, Mr. Jensen stated the ordinance was started from scratch with a new format and some new content, with the goal of bringing it up to and into conformance with the State Subdivision Map Act, and to also introduce some subdivision processes that have historically been implemented by the City; however, never incorporated into the ordinance. Elaborating on some of the format changes, Mr. Jensen explained that a number of the existing chapters in the code have either been consolidated or deleted and a number of new chapters added. He indicated that the format presented to Council in draft form is consistent with the more current zoning ordinances that have been adopted in other similar sized cities as San Rafael. He stated a table (Exhibit 2) was prepared, an attachment to the Planning Commission Report, which tracks the format changes from the current ordinance to the proposed ordinance. He stated that some of these substantial content changes include the following: • Major changes to the General Provisions section; • Staff is continuing to propose two separate chapters for processing and action on minor subdivisions versus major subdivisions; • Staff recommends introducing procedures for lot -line adjustments and lot consolidations which are currently not addressed in the ordinance; • Procedures for Certificates of Compliance; • Determining legal lot status; • Recommendation for revisions to the condominium chapter, although San Rafael rarely, if ever, receives condominium conversion requests. Most local ordinances address the state requirements for condominium conversion, which include incorporating a vacancy rate factor. Reporting that a few changes are proposed to a couple of the chapters in the ordinance, Mr. Jensen stated the Vesting Tentative Map provisions and Hillside provisions are all the same as in the current ordinance. He commented that he is working with Community Development in generating a Standard Per Residential Unit Parkland Dedication Fee. Mr. Jensen explained that presently, each time a subdivision comes forward, that fee needs to be calculated, and attempts are being made to find a way of simplifying this by means of a flat fee per unit. He indicated staff would return to Council with this in the near future. Mr. Jensen reported that the draft revisions had been favorably reviewed by the Planning Commission, who recommended a number of changes, which are outlined on page 3 of the report. Reporting on an issue which has arisen in the last several weeks, requiring follow-up by staff and subsequent review and action by the City Council, Mr. Jensen explained this pertains to whether the Subdivision Committee, a committee identified in the ordinance consisting of the Public Works Director, Community Development Director and the Chair of the Planning Commission, is subject to the Brown Act. He reported that the City Attorney's office has concluded that indeed, it is a committee subject to the Brown Act. Mr. Jensen further explained that the procedures identified for the Subdivision Committee in the ordinance right now address this; however, it will be necessary to return to the City Council with other potential approaches to address this issue. He reported that one of these is the possibility of replacing the Subdivision Committee with one staff person serving the same role, or alternatively, creating an Administrative Hearing process similar to the Zoning Administrative hearing process which would address the Brown Act. Regardless, Mr. Jensen stated this change would entail returning to the Planning Commission, and staff recommends returning to the City Council with a subsequent amendment. In the interim, he stated the City Attorney's office is recommending respecting and addressing any action consistent with the Brown Act with regard to any application filed presently which would go through Subdivision Committee review. Mr. Jensen stated that Lisa Goldfien, representing the City Attorney's office, who assisted in preparing the ordinance, was also present this evening and they both would be happy to answer questions. Councilmember Heller requested clarification on the following terminologies contained in the staff report: SRCC Minutes (Regular) 08/05/2002 Page 6 SRCC Minutes (Regular) 08/05/2002 Page 7 Page 8 (d) - Tolling of time limits... Page 15 (c) - An instrument prohibiting traffic Mr. Jensen explained the term "Tolling" means the time frame is frozen once something is approved Elaborating, he stated that should there be a moratorium which affects that particular subdivision, it freezes the approval period. Therefore, as long as the moratorium is in effect, the time does not continue to run on the approval. Councilmember Heller inquired whether this term should be clarified in the glossary. Mr. Jensen explained it is a fairly common term and is referred to in the Subdivision Map Act; however, it is a term often questioned, and perhaps a better word could be substituted. Regarding the term "Instrument prohibiting traffic," Mr. Jensen explained that to prohibit access over a certain area, a non -access easement would be recorded, and since an easement is somewhat of an instrument that is used for recording purposes, this is the derivation of this term. He reported that this particular section (c) is a carryover from the current ordinance; therefore, some of the terminology is somewhat antiquated. Mr. Jensen indicated that the language "an instrument, such as a non -access easement" could be a method of clarification. Don Dickenson, 327 Jewell Street, San Rafael, stated that normally this is not something he would review; however, recently an issue arose which fell under the Subdivision Ordinance. He indicated he was impressed to read the new ordinance, and having reviewed the existing ordinance he found it to be very dated, antiquated and not consistent with state law. He believed the new ordinance does a wonderful job of rectifying all those problems. In particular, Mr. Dickenson noted the Planning Commission added language pertaining to referral to the Planning Commission of minor subdivisions, which he believed to be a very positive addition. Mr. Dickenson indicated that Mr. Jensen had answered most of the questions relating to the lot line adjustment procedure, his initial reason for evaluating the Subdivision Ordinance. He noted that currently, there is just one pending lot line adjustment that falls into the gray area in terms of being acted on by a subcommittee prior to an amendment to the ordinance, i.e., Gold Hill Grade. He stated the issue requiring further research is the appeal provision. Presently, he stated an appeal of the Subdivision Committee goes directly to the City Council, and under the proposed ordinance, the appeal of a Subdivision Committee decision goes to the Planning Commission and in turn, could be appealed to the City Council. He stated that as a Planner, he believes the proposal makes a lot of sense; however, the question to be resolved relates to the application pending, in that should there be an appeal, which ordinance will pertain. Mr. Dickenson again stressed his belief that this is a very thorough job of updating an ordinance and implementing something which had been called for back in 1988. With regard to the application from Gold Hill Grade, Community Development Director Bob Brown stated that when the Subdivision Committee holds a public meeting on that application, there would be an answer as to the appeal process. There being no further comment from the audience, Mayor Boro closed the public hearing. With regard to the Subdivision Committee, Councilmember Cohen inquired as to how the entire issue of the application of the Brown Act is to be handled. Responding, Community Development Director Bob Brown stated that given the time the Planning Commission spent, staff is suggesting the City Council adopt the ordinance; however, being cognizant of the Brown Act issue, staff will return with an amendment, probably in September to the Planning Commission, and the City Council in October. He identified two options: 1) Having the Subdivision Committee hold public hearings, which is problematic given the involvement of the Planning Commission Chair and the meetings are daytime; and the alternative preferred by most cities, 2) Having a single decision -maker, which then removes the issue of the Brown Act. Mr. Brown indicated that staff would explore both options with the Planning Commission. His preference would be that the Community Development Director be the decision maker, with the involvement of the City Engineer/Public Works Director, as is now the case. Councilmember Cohen inquired as to whether this pertains at all to the pending issue raised by Mr. Dickenson regarding lot line adjustment and a potential appeal. Mr. Brown stated the Gold Hill SRCC Minutes (Regular) 08/05/2002 Page 7 SRCC Minutes (Regular) 08/05/2002 Page 8 Grade issue would be processed under the current ordinance and although the ordinance is silent on the issue of a public meeting for the Subdivision Committee, a public meeting would be held and the Gold Hill Grade item would be re -advertised for a public meeting of the Subdivision Committee. "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 15 —SUBDIVISIONS (SUBDIVISION ORDINANCE) (1302-02)" (as amended to include on Page 15 c) the language "an instrument, such as a non -access easement,") Councilmember Cohen 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. 1787 to print by the following vote, to wit, with the understanding the issue of Brown Act compliance would be addressed shortly: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Staff to return to Council in the near future with recommendation regarding possible revisions to the processing of minor subdivisions and lot line adjustments. OLD BUSINESS: 24. DISCUSSION OF BUDGET AMENDMENT RE MAJOR CRIMES TASK FORCE (PD FILE 4-10-114 x 9-3-30 x 8-5 Police Chief Michael Cronin stated this was a recommendation to amend the budget by deleting the $131,000 contribution to the Marin County Major Crimes Task Force. He indicated the views of the Police Department have been succinctly presented in the staff report and he would be happy to answer questions. Mayor Boro stated that while respecting, understanding and agreeing with the recommendation, he was concerned regarding the City's relationship with the County of Marin and the other Police Agencies in the County. He indicated he favored the approach of participation by all in a Joint Task Force, particularly with respect to crime; however, he understood from Police Chief Cronin that with its current focus, as amended in 1995, this Task Force is no longer of benefit to the City. While commending and supporting Chief Cronin for attempting to save the funds, Mayor Boro indicated he believed there to be value in the Agencies working together, and the forum of the Major Crimes Task Force is a good vehicle for the different jurisdictions to get together and pursue issues of common interest. Should Council proceed with the recommendation, Mayor Boro proposed that Police Chief Cronin work with his counterparts and the Sheriff to ascertain whether the efforts of this agency could be refocused. Based on Chief Cronin's figures, he noted a decrease in the area currently being worked on in San Rafael, and elsewhere; therefore, working collaboratively and collectively with other cities and the County on issues such as spousal abuse and gangs could be of benefit. While understanding the current status, Mayor Boro indicated he wished to keep a glimmer of the Major Crimes Task Force and the City's participation alive, should it meet San Rafael's needs. Police Chief Cronin stated he had long been an advocate of cooperative agreements and a proponent of consolidation where the result is effective and efficient, indicating he would certainly be willing to participate in any discussion that would prove fruitful in this area. Councilmember Heller requested clarification on Mayor Boro's comments to the effect that should this figure be removed from the budget now, the door would be kept open to any other areas the Major Crimes Task Force could move into. Mayor Boro clarified that should San Rafael withdraw from the Major Crimes Task Force by not funding it, it would be important that the concept be kept alive, and as was done in 1995, perhaps with the leadership of the San Rafael Police Department, the group could be encouraged to collectively evaluate something more relevant to the needs of the entire community of Marin, e.g., spousal abuse and gangs. While he understood Chief Cronin's belief that the value is not being received and the current deployment of our police force covers these situations, Mayor Boro believed there is value in working together, and possibly at some point in the future, the Task Force could be reconfigured and San Rafael could again become a member. Police Chief Cronin indicated it was clearly not his intention to signal to the County or anyone else that the City of San Rafael is not interested in cooperative agreements where they are of benefit. SRCC Minutes (Regular) 08/05/2002 Page 8 SRCC Minutes (Regular) 08/05/2002 Page 9 He stated this is exactly the opposite of his position, a fact he had conveyed directly to the Sheriff. Councilmember Cohen stated it was his understanding that currently, should the Major Crimes Task Force pursue a case which leads them into San Rafael, it would be proceeded with as San Rafael is a partner, and he inquired as to the circumstances should the City withdraw. Explaining that he could not speak for the Major Crimes Task Force, Police Chief Cronin reported the agreement states specifically that the Task Force will not engage in investigative activity in San Rafael; therefore, presumably, if there were a case which did lead to San Rafael or originated in San Rafael, the information would be communicated to the San Rafael Police Department. Should the San Rafael Police Department initiate an investigation which lead elsewhere, Councilmember Cohen inquired whether this information would be shared with the Major Crimes Task Force or the relevant Department. Police Chief Cronin stated current practice is that on becoming involved in an investigation involving other jurisdictions, the information is relayed to the specific jurisdiction, which is supported and assisted, including investigation, to the extent it involves San Rafael's interest. On moving to the point where it clearly is an ongoing offense specific to a jurisdiction, Police Chief Cronin stated then typically, they assert jurisdiction and take the case over. He clarified this is always a matter of discussion on a case-by-case basis. He stated the San Rafael Police Department would continue to cooperate with any agency and he did not see this function being impacted by San Rafael's behavior. Assuming the motion carried, Councilmember Phillips inquired as to what would become of the Major Crimes Task Force. Responding, Police Chief Cronin indicated this was a matter for all the other member agencies to decide; however, based on discussions with the Sheriff, he believed the Task Force would be continued, making up the funding. City Manager Rod Gould stated it was his understanding that Mayor Boro's suggestion was for Police Chief Cronin to coordinate with the other Police Chiefs and the Sheriff in an effort to broaden the mission of the Task Force to render it more germane, and perhaps, the City could rejoin at a later date under different circumstances. Councilmember Phillips agreed the concept was a good one Councilmember Miller stated he believed this to be an organizational question on how to most effectively attack the problem. Previously, he stated, this was achieved through a cooperative agreement; however, it is evident now that San Rafael can do this quite effectively through the deployed tactics of sending its officers to where the crime is. Although not a public hearing, Mayor Boro invited comment from the audience; however, there being none, he returned the issue to Council for action. Commenting on the motion, Councilmember Cohen indicated his support; however, was somewhat concerned regarding the desire to participate, yet withdraw. He anticipated there would be an ongoing evaluation of ways to cooperate, which he hoped would also include returning in approximately one year with comparison figures. He indicated one of his concerns was that San Rafael's withdrawal could strike a fatal blow to an entity that other jurisdictions continue to find valuable; however, this did not appear to be the case. Councilmember Cohen believed monitoring to be important and as changes occur, perhaps this decision could be revisited. Councilmember Heller inquired whether Councilmember Cohen would be comfortable with including in the motion a request for a review in six or twelve months, to which Councilmember Cohen responded in favor of a review in twelve months. Councilmember Heller moved and Councilmember Phillips seconded, to direct staff to initiate the process for withdrawal from the MCMCTF (Marin County Major Crimes Task Force) and to conduct a further period of study and review, reporting back to Council in one year. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 08/05/2002 Page 9 SRCC Minutes (Regular) 08/05/2002 Page 10 COUNCILMEMBER REPORTS: 25. a) Signals at Civic Center Drive/North San Pedro Road: - File 11-10 (verbal) The issue of timing of signals at Civic Center Drive/North San Pedro Road having been brought to his attention by residents who believe there is insufficient time to cross, Councilmember Cohen stated he walked the intersection and on timing it, noticed that after approximately 7 seconds, the green light changes to blinking red. He stated that at least the longer legs, Civic Center Drive heading north, and North San Pedro Road coming from the west, would be ideal places to experiment with countdown timers. He noted San Francisco is experimenting with these, he had observed them in Chicago recently and this approach appeared to be much better than attempting to explain the meaning of the different lights, etc., to pedestrians. Public Works Director Dave Bernardi reported he had requested Traffic Engineer Nader Mansourian to investigate the feasibility of pursuing grants to install countdown clocks at various intersections, this being one. He indicated he would report back on the status in two weeks. Councilmember Cohen stated the intersection at Freitas and Las Gallinas should also be considered. On a minor issue, Councilmember Cohen reported a typographical error on the crossing sign plates, which Public Works Director Bernardi stated would be corrected. Councilmember Heller noted a substantial amount of wheelchair traffic uses the Civic Center intersection and requested the timing be sufficient to permit wheelchairs to move through safely. Mr. Bernardi stated that Traffic Engineer Nader Mansourian had spent considerable time adjusting the pedestrian timing, almost to the detriment of those coming from Santa Venetia outbound to the freeway. Being a very fine balance, Mr. Bernardi stated Mr. Mansourian attempts to gauge the pedestrian timing to discourage too many complaints from those outbound. He indicated that with a 40 -second timeframe, additional time would affect the capacity of the intersection; however, he believed the countdown clocks could help. b) Marin Telecommunications Agency: - File 4-13-101 x 9-1 (verbal) As MTC representative, Councilmember Miller stated he had occasion to attend their meeting on Wednesday evening, July 31, 2002, where the discussion, primarily led by Supervisor Hal Brown, pertained to energy and the role of cities in this regard. Councilmember Miller indicated the discussion did not center on aggregating energy, rather on conservation and efficiency in use and how cities could work together to locate the various grants available, together with different methodologies and practices. Councilmember Miller anticipated receiving a comprehensive follow-up report. There being no further business, the City Council meeting was adjourned at 9:20 p.m. to a Study Session discussing the pros and cons of the Sign Ordinance revision versus exploring single-family home zoning regulations. He reported it had been agreed to postpone the discussion regarding the Live -Aboard Boating Ordinance to a future meeting. Mayor Boro stated that on conclusion of the Study Session, the City Council would adjourn to Closed Session. CLOSED SESSION — CONFERENCE ROOM 201: 1 Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 At the conclusion of the Closed Session at 11:10 p.m., Mayor Boro announced that no reportable action was taken. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 08/05/2002 Page 10