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