HomeMy WebLinkAboutCC Minutes 2003-02-18SRCC Minutes (Regular) 02/18/2003 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 18, 2003 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:30 PM:
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 —6:30 PM:
Present: Albert J. Boro, Mayor
Gary O. Phillips, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller Councilmember
Cyr N. Miller, Councilmember
Absent: None
a) Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a)
Case Name: James Zell v. City of San Rafael
WCAB No.: SFO 0440953
b) Conference with Legal Counsel -Anticipated Litigation-G.C. section 54956.9(b)
Facts and Circumstances Indicating a Significant Exposure to Litigation:
-G.C. Sect. 54956.9(b)(3)(C)-Letter from Attorney for Shapell Dated 1-13-03
and Letter from CYO Director Dated 1-10-03
-G.C. Sect. 54956.9(b)(3)(D)-Partial Draft Minutes of Special City Council
Meeting of 1-13-03.
Copies available for review in City Clerk's Office.
c) Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiators' Names: Ken Nordhoff, Daryl Chandler, Lydia Romero
Employee Organization:
San Rafael Firefighters' Association
Assistant City Attorney Gus Guinan announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
Re: War in Iraq / The Patriot Act: - File 9-1
8:11 PM
Fred MacDonald stated that as a veteran who enlisted during World War II, he hoped Council could support
the effort being made by millions in this country and overseas to prevent war in Iraq by instead using
peaceful diplomacy and further inspections to avoid killing innocent women and children. He explained that
the country was fooled once by falsified evidence in a Gulf of Tonkin resolution that cost over 50,000
American lives, a war in which he stated Colin Powell dismissed a soldier's letter about the Mylai Massacre
as only an isolated case of misbehavior. Mr. MacDonald reported that the truth was revealed by another
soldier's letter to his Congressman about the rampant slaughter of prisoners. He urged the City Council
and audience to request the White House to contain Saddam Hussein by U.N. diplomacy and an added
force of inspectors.
Mr. MacDonald expressed his support for the ACLU's (American Civil Liberties Union) opposition to the
Patriot Act and urged the City Council to reconsider placing it on a future agenda.
Arthur Duffy, Terra Linda, on behalf of the ACLU, requested the Patriot Act be placed on a future City
Council meeting agenda to discuss some of the ramifications already being seen. He indicated the Act was
passed in October, 2001. It was a 375 -page report that had not been read by those who voted on it, who
now, however, were beginning to realize what they had passed. He noted that cities all around were
beginning to realize what had been passed by this Patriot Act and were requesting their local governments
to reconsider. Many had passed resolutions, including San Francisco, Oakland, San Anselmo and Fairfax,
with others considering the issue. Mr. Duffy requested time be set aside at a future City Council meeting to
make a presentation.
Coleman Persily, 206 Yosemite Road, San Rafael first thanked the City Council for defending the
Mobilehome Ordinance.
Mr. Persily reported that a so-called Patriot Act had been passed which, in essence, had taken away civil
rights and attempted to drive people into a repressive government. He indicated that many cities had
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passed resolutions against this law, including neighboring cities. In the name of the Marin County Chapter
of the American Civil Liberties Union, Mr. Persily requested that the matter be discussed at a future Council
meeting, at which time, Council could decide to support or not support this type of resolution. He
understood people had addressed Council before on this subject; however, it was not the Marin Chapter of
the ACLU, and he requested reconsideration.
A similar request having been made at the last Council meeting by Mr. Phillip Guillon, Mayor Boro indicated
having requested City Manager Gould at that time to research Council policy. He invited Mr. Gould to report
on what he had passed on to Mr. Guillon and what Council's position was.
City Manager Rod Gould reported that at the last City Council meeting, Mr. Phillip Guillon, representing the
ACLU, requested that Council adopt the resolution which had been adopted in Fairfax and elsewhere,
opposing the U.S. Patriot Act. He indicated that Council directed him to compare the request to the
Council's policy of over twelve years of not taking policy positions on national or foreign policy unless it
directly affected municipal affairs (City services). Mr. Gould stated that having read the resolution, he
believed it fell outside of current Council policy and would not be appropriate, unless Council wished to
change the policy. He indicated it was entirely appropriate for members of the City Council, should they
wish, to provide their individual support for resolutions; however, this Council and previous Councils going
back to the early 1990s, had not presumed to take positions on foreign or national policy representing all
56,000 residents of the City of San Rafael.
At this time, Mr. Gould stated he did not believe it was something to agendize, unless Council wished to
revisit their entire position regarding legislative advocacy on national and foreign policy issues.
Mayor Boro stated that should any Councilmember, either tonight or in the future, wish to discuss this item
with regard to policy, it could be raised; however, until otherwise pursued, this was Council's policy and
position.
Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar as
follows:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Special City Council
Minutes approved as submitted.
Meeting of Monday, January 13, 2003 (CC)
3. Call for Applications To Fill One, Four -Year Term
Approved staff recommendation:
on the San Rafael Fire Commission to the End of
a) Called for applications for
March, 2007, Due to Expiration of Term of
appointment to fill one, four -
Kathleen L. Devlin (Current Term to Expire End
year term on the Fire
of March, 2003) (CC) — File 9-2-5
Commission to the end of
March, 2007;
b) Set date for receipt of
applications for Tuesday,
March 11, 2003 at 12 -noon in
the City Clerk's office;
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, March 17, 2003,
commencing at 6:30 p.m.
4. SECOND READING AND FINAL ADOPTION OF
Approved final adoption of
ORDINANCE NO. 1797 — An Ordinance of the
Ordinance No. 1797.
City of San Rafael Amending Sections
14.03.030, 14.05.020 and 14.05.022 of the
Municipal Code Concerning the Regulation of
Significant Tobacco Retailers (CD) —
File 10-3 x 10-1 x 10-2 x 13-1
5. SECOND READING AND FINAL ADOPTION OF
Approved final adoption of
ORDINANCE NO. 1798 — An Ordinance of the
Ordinance No. 1798.
City of San Rafael Amending Section
14.19.0308.3 to Add a New Subsection
14.19.0308.3(3) Concerning the Regulation of
Temporary Commercial Banners Within Certain
Zoning Districts of the Downtown Redevelopment
Area and Along Francisco Boulevards East and
West (P02-07) (CD) —
File 125 x 11-5 x 10-2 x 10-6
SRCC Minutes (Regular) 02/18/2003 Page 2
SRCC Minutes (Regular) 02/18/2003 Page 3
6. Approval of Evaluation Criteria and Standards for
Accepted report on Evaluation
Use in Assessment of Temporary Commercial
Criteria and Standards for use in
Banners Within the Downtown Redevelopment
assessment of temporary
Area and Along Francisco Boulevards East and
commercial banners within the
West (CD) —File 125 x 11-5
Downtown Redevelopment Area and
along Francisco Boulevards East and
West.
7. Resolution Authorizing Agreement with Lisa
RESOLUTION NO. 11254 —
Newman for Professional Services Needed to: 1)
RESOLUTION AUTHORIZING THE
Provide Assistance with Follow-up Tasks
CITY MANAGER TO EXECUTE AN
Associated with Implementation of the Chapel
AGREEMENT WITH LISA NEWMAN
Cove Residential Development Project; 2) Assist
FOR PROFESSIONAL SERVICES
with Processing Planning Applications; and 3)
NEEDED TO: 1) PROVIDE
Complete Preparation of a Telecommunications
ASSISTANCE WITH FOLLOW-UP
Ordinance (CD) — File 4-3-418 x 4-17-65
TASKS ASSOCIATED WITH
IMPLEMENTATION OF THE CHAPEL
COVE RESIDENTIAL DEVELOPMENT
PROJECT; 2) ASSIST WITH
PROCESSING PLANNING
APPLICATIONS; AND 3) COMPLETE
PREPARATION OF A
TELECOMMUNICATIONS
ORDINANCE (Term of Agreement:
from February 19, 2003, and ending
on February 18, 2005, for an amount
not to exceed $50,000)
8. Resolution Approving Right of Use Agreement
RESOLUTION NO. 11255 —
with Signature Properties for Use of Oakhill Open
RESOLUTION AUTHORIZING THE
Space to Implement a Native Grassland
SIGNING OF A RIGHT -OF -USE
Enhancement Program (P03-005) (APNs 175-
AGREEMENT WITH SIGNATURE
060-18 & 19) (CD) —
PROPERTIES FOR
File 4-10-333 x 13-14.1 x 10-7 x 4-3-380
IMPLEMENTATION OF A NATIVE
GRASSLAND ENHANCEMENT
PROGRAM IN CITY OPEN SPACE
9. Resolutions Authorizing Execution of
1) RESOLUTION NO. 11256 —
Amendments and Extensions to Agreements with
RESOLUTION AUTHORIZING
General Plan 2020 Environmental Consultants
AMENDMENT TO AGREEMENT
for Services Ending June 30, 2004: (P00-7) (CD)
WITH DONALD BALLANTI RE:
a) Donald Ballanti — File 4-3-419 x 4-17-96
SAN RAFAEL GENERAL PLAN
b) Clearwater Hydrology —
2020 (P00-7) (Commencing on
File 4-3-420 x 4-17-97
January 16, 2001 and ending on
c) Live Oak Associates, Inc. — File 4-3-383
June 30, 2004)
d) Miller Pacific Engineering Group —
File 4-3-385
2) RESOLUTION NO. 11257 —
e) Nichols Berman Environmental Planners
RESOLUTION AUTHORIZING
— File 4-3-382
AMENDMENT TO AGREEMENT
f) Charles M. Salter Associates —
WITH CLEARWATER
File 4-3-384
HYDROLOGY RE: SAN RAFAEL
GENERAL PLAN 2020 (P00-7)
(Commencing on January 16,
2001 and ending on June 30,
2004)
3) RESOLUTION NO. 11258 —
RESOLUTION AUTHORIZING
AMENDMENT TO AGREEMENT
WITH LIVE OAK ASSOCIATES,
INC. RE: SAN RAFAEL GENERAL
PLAN 2020 (P00-7) (Commencing
on January 16, 2001 and ending
on June 30, 2004)
SRCC Minutes (Regular) 02/18/2003 Page 3
10. Resolution Authorizing the Mayor and City Clerk
to Execute an Agreement with the San Rafael
City Schools District to Provide Joint Use Library
Services at the Pickleweed Library (Lib) —
File 9-2-1 x 9-3-61
11. Resolution of Appreciation to Doris Toy, Civil
Engineer, Public Works Department, Employee
of the Quarter Ending December 31, 2002 (PW)
— File 102 x 7-4 x 9-3-40
12. Resolution Authorizing the Execution of an
Amendment to the Agreement Between the City
and Hannum Associates for Additional Services
to Provide Both Architectural and Electrical
Changes Re Emergency Dispatch Center (PW)
— File 4-3-415 x 9-3-31 x 9-3-40
13. Resolution Authorizing the Public Works Director
to Prepare and Sign a Notice of Intent to Comply
with a General Permit for Stormwater Discharge
from Small Municipal Separate Storm Sewer
Systems (PW) — File 4-4-6b x 12-9 x 9-3-40
SRCC Minutes (Regular) 02/18/2003 Page 4
4) RESOLUTION NO. 11259 —
RESOLUTION AUTHORIZING
AMENDMENT TO AGREEMENT
WITH MILLER PACIFIC
ENGINEERING GROUP RE: SAN
RAFAEL GENERAL PLAN 2020
(P00-7) (Commencing on January
16, 2001 and ending on June 30,
2004)
5) RESOLUTION NO. 11260 —
RESOLUTION AUTHORIZING
AMENDMENT TO AGREEMENT
WITH NICHOLS BERMAN
ENVIRONMENTAL PLANNERS
RE: SAN RAFAEL GENERAL
PLAN 2020 (P00-7) (Commencing
on December 4, 2000 and ending
on June 30, 2004)
6) RESOLUTION NO. 11261 —
RESOLUTION AUTHORIZING
AMENDMENT TO AGREEMENT
WITH CHARLES M. SALTER
ASSOCIATES RE: SAN RAFAEL
GENERAL PLAN 2020 (P00-7)
(Commencing on January 16,
2001 and ending on June 30,
2004)
RESOLUTION NO. 11262 —
RESOLUTION AUTHORIZING THE
MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH
THE SAN RAFAEL CITY SCHOOLS
DISTRICT TO PROVIDE JOINT USE
LIBRARY SERVICES AT THE
PICKLEWEED LIBRARY
RESOLUTION NO. 11263 —
RESOLUTION OF APPRECIATION TO
DORIS TOY, CIVIL ENGINEER,
PUBLIC WORKS DEPARTMENT,
EMPLOYEE OF THE QUARTER
ENDING DECEMBER 31, 2002
RESOLUTION NO. 11264 —
RESOLUTION AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO
THE AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND HANNUM
ASSOCIATES TO COVER
ADDITIONAL SERVICES TO
PROVIDE BOTH ARCHITECTURAL
AND ELECTRICAL CHANGES FOR
THE CONSTRUCTION OF AN
EMERGENCY DISPATCH CENTER
FOR THE FIRE DEPARTMENT AND
AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SIGN
RESOLUTION NO. 11265 —
RESOLUTION AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO
PREPARE AND SIGN A NOTICE OF
INTENT TO COMPLY WITH A
GENERAL PERMIT FOR
STORMWATER DISCHARGES FROM
SMALL MUNICIPAL SEPARATE
STORM SEWER SYSTEMS
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AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATION:
14. PRESENTATION OF RESOLUTION OF APPRECIATION TO DORIS TOY, CIVIL
ENGINEER, PUBLIC WORKS DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING
DECEMBER 31, 2002 (PW) — FILE 102 x 7-4 x 9-3-40
Mayor Boro reported Doris Toy was being congratulated as the Employee of the Quarter. He
explained that each quarter, City employees nominate and select an employee they feel
exemplifies the attributes of an outstanding employee, and Doris Toy had been selected as
Employee of the Quarter ending December, 2002.
Mayor Boro reported that Doris had been acknowledged with a star and a one hundred dollar
bill and at the Annual State of the City Dinner in April, she would be competing with three other
employees for "Employee of the Year" with a $500 prize.
Mayor Boro explained that Doris works with the Public Works Department, had been with the
City since 1998, and over the past year, worked on some complex projects that were very
significant to the City, dealing with the road improvements at Civic Center Drive and on Lincoln
Avenue. He noted that these were extremely disruptive projects, recalling Lincoln Avenue
was prolonged and very extensive and through Doris' creativity, ways were generated to
communicate with the public to work with Public Safety Officers to enable controls to be
placed, allowing citizens to plan and resulting in a very successful project.
For all her wonderful work, Mayor Boro congratulated Doris as Employee of the Quarter.
The following item was taken out of order:
NEW BUSINESS:
16. LABOR CONTRACT IMPASSE MEETING OF THE CITY COUNCIL AND SAN RAFAEL
FIREFIGHTERS' ASSOCIATION (MS) — FILE 134 x 9-3-31
Mayor Boro stated he was pleased to announce that the City Council and Union had reached a
tentative agreement with the Firefighters' Association concerning their Labor Contract. He
invited Ken Martin, President, San Rafael Firefighters' Association to address the Council.
Ken Martin thanked the City Council, the City's negotiating team and his negotiating team for
the diligent efforts put forward over the past four days in attempting to bring resolution to the
matter. He also thanked all who attended this evening in support of the firefighters.
Mayor Boro stated that both teams would be meeting, commencing tomorrow (Wednesday) to
finalize the agreement, returning the item to Council as soon as possible. He thanked all
concerned, together with all in attendance this evening.
The City Council meeting resumed after a two -minute break.
As a member of the audience had a question on Item #16, Mayor Boro invited him to address
the City Council.
Ron Brown, Fairhills, San Rafael, requested explanation on why the change in the Firefighters'
shift was a three-year versus a one or two-year trial period.
Mayor Boro explained that as yet, agreement had not been reached on any of the issues. He
stated there would be a trial for that shift; however, the terms and means of operation were
part of the negotiations, which would be underway starting tomorrow (Wednesday).
15. CONSIDERATION OF ADOPTION OF RESOLUTION PROVIDING NOTICE THAT THE CITY
IS IN THE PROCESS OF PREPARING AND ADOPTING GENERAL PLAN 2020,
INCLUDING CONSIDERATION OF MODIFICATION OF THE CITY'S SPHERE OF
INFLUENCE/URBAN SERVICE AREA TO EXCLUDE THE LANDS OF ST. VINCENT'S AND
SILVEIRA, AND DIRECTING STAFF TO NOTIFY ALL APPLICANTS OF SUCH PROCESS
(CD) — FILE 115 (2020) 4-3-400 x 9-2-45 x 115 (2000) x 10-2
Principal Planner Kristie Richardson explained that the resolution before Council this evening
was prepared under the direction of the City Attorney as a follow-up to the action the City
Council took on January 13, 2003, at which time, staff was directed as part of the General Plan
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SRCC Minutes (Regular) 02/18/2003 Page 6
Update, to consider a modification to the City's Sphere of Influence to not include the lands of
St. Vincent's and Silveira. She stated that adoption of this resolution would be consistent with
a similar resolution adopted by the City Council in October, 1999, which formally initiated the
General Plan Update and provided for notification of applicants that policy changes could
affect development applications in process.
Similarly, stated Ms. Richardson, tonight's resolution would provide further notice of the
General Plan Update and specifically, the City's consideration of a modification to the Sphere
of Influence.
Ms. Richardson explained that effectively, the resolution informs applicants, especially those
that have applied for a Vesting Tentative Map, which has not been deemed complete, that
they do not have any vested rights under the current General Plan and could be affected by
policies adopted in the new General Plan.
City Attorney Gary Ragghianti explained this was a purely legal and tactical determination
which was made in an effort to comply with and to avail the City of the provisions of the
specific Government Code section, namely, 66474.2. He stated its purpose was simply to
make certain that:
1) All persons are aware of the contemplated changes to the General Plan which result
from the Resolution adopted by this Council in January, 2003; and
2) To avoid being confronted by what is called "the map freezing rule" which results when,
and if, a Subdivision Map application is determined to be complete by a public agency.
In this instance, with regard to the Shapell application, Mr. Ragghianti stated staff had advised
that the application was incomplete and it was, therefore, deemed prudent to adopt this notice,
pursuant to the express provisions of the section referred to previously. He indicated it had no
other purpose, other than that, and did not in any way involve any consideration with regard to
the substantive merits of the development application at all.
To clarify the process, Mayor Boro inquired whether the issue before Council in January, now
being developed through City staff, eventually going before the Planning Commission and
Council with a March — April timeframe, was a separate issue. City Attorney Ragghianti
confirmed this was correct.
Mayor Boro invited comment from the audience
Don Dickenson, 327 Jewell Street, San Rafael, stated it was clear that City strategy this
evening was to prevent Shapell Industries from claiming any vested rights under Section
66474.2(a) of the California Subdivision Map Act to have only those "existing ordinances,
policies and standards in effect when and if their Tentative Map application is determined to be
complete for processing utilized in reviewing the application."
He explained that the circumstances here, however, were unusual in that the subject property
is not currently within the City limits, has never been pre -zoned by the City and is not even
contiguous to the City. Therefore, it was not clear what, if any, existing City ordinances or
standards even apply to the subject property.
In addition, Mr. Dickenson stated that the Shapell application itself requires an amendment to
the current General Plan, a plan the City is now several years into the process of replacing
with a new General Plan. He indicated this was something which would occur well before any
decision could realistically be made on the merits of their still incomplete application. Mr.
Dickenson stated that Shapell and their attorneys creatively want the City to believe they have
some vested right to policy recommendations that were received by the City Council from an
advisory committee about thirty-three months ago; however, were never adopted, have not
even been the subject of any formal public hearing and have not had an environmental review
conducted on them.
Mr. Dickenson strongly urged the City Council to stand up to the threats and attempts at
intimidation by Shapell, (having read a copy of the letter submitted today by Shapell's
attorneys, it was clear this was the strategy), and follow the prudent recommendation of staff.
He stated it was unfortunate that Shapell Industries was acting like a spurned suitor who did
not understand "no."
Art Gray, Terra Linda resident, stated he was alarmed at the reference to a lawsuit. He
explained that forty years ago, he belonged to a citizens' group in San Luis Obispo and Dolly
Adams, a rich lady in Houston, planned to erect a 200 -unit student dormitory beside California
Polytechnic. She was represented by Skidmore, Owings & Merrill, a prestigious architectural
firm, and a vice-president of the Republic National Bank of Dallas was her advisor.
SRCC Minutes (Regular) 02/18/2003 Page 6
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Mr. Gray stated a group was formed and they convinced the City Planning Commission and
the City Council that the project would create unacceptable congestion in the narrow winding
streets. He reported that the proposal was denied. He indicated it appeared to be local
government at its best, and no one was sued.
Kathy Lowry, Marin Conservation League, stated that the Marin Conservation League would
like to support the staff recommendation and encourage the City Council to continue with the
action started in January, 2003. She indicated they were pleased to see the City was going
through the process properly, evaluating all the facts.
Councilmember Miller moved and Councilmember Cohen seconded, to adopt the resolution.
RESOLUTION NO. 11266 — RESOLUTION PROVIDING NOTICE THAT THE CITY IS IN
THE PROCESS OF PREPARING AND ADOPTING
GENERAL PLAN 2020, INCLUDING CONSIDERATION OF
MODIFICATION OF THE CITY'S SPHERE OF
INFLUENCE/URBAN SERVICE AREA TO EXCLUDE THE
LANDS OF ST. VINCENT'S AND SILVEIRA, AND
DIRECTING STAFF TO NOTIFY ALL APPLICANTS OF
SUCH PROCESS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCILMEMBER REPORTS:
17. None.
There being no further business, the City Council meeting was adjourned at 8:27p.m.
Mayor Boro then announced that the City Council was returning to Closed Session to resume discussion
of item 1 b).
At the conclusion, Mayor Boro announced that no reportable action was taken.
ADJOURNMENT: 9:30 PM
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12003
MAYOR OF THE CITY OF SAN RAFAEL
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