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HomeMy WebLinkAboutCC Minutes 2004-05-03SRCC Minutes (Regular) 05/03/2004 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 3, 2004 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 — 7:00 PM: None CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: None Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember Absent: None ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:06 PM None Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special Meeting of Monday, Minutes approved as submitted. April 19, 2004 (CC) 2. Appointment of Sean Prendiville to the Board of Approved appointment of Sean Library Trustees, Currently Serving as Alternate, Prendiville to the Board of Library to Fill Four -Year Term of Board Member Trustees. (Term to expire end of Elizabeth Grasham, who Passed Away April 18, April, 2007) 2004 (Term to Expire End of April, 2007) (CC) — File 9-2-3 x 9-3-61 3. Designation of Councilmember Barbara Heller as Councilmember Heller designated Voting Delegate and Lydia Romero, Assistant to Voting Delegate and Lydia Romero, the City Manager, Voting Alternate, for League Assistant to the City Manager, Voting of California Cities General Assembly Special Alternate, for League of California Meeting on Thursday, May 13, 2004 at the Grand Cities General Assembly Special Ballroom, 1215 J. Street, Sacramento (CC) — Meeting on Thursday, May 13, 2004. File 9-11-1 x 9-1 4. Resolution Requesting to Change the Name of RESOLUTION NO. 11533 — the last 3/10ths of a Mile of Professional Center RESOLUTION APPROVING A Parkway (after it crosses Channing Way) to STREET NAME CHANGE TO ALLOW Sterling Circle (CD) — File 11-2 THE LAST 3/10s OF A MILE OF PROFESSIONAL CENTER PARKWAY NORTH OF CHANNING WAY TO BE RENAMED STERLING WAY (PO4-002) 6. Resolution of Appreciation to Shirley Fischer for RESOLUTION NO. 11534— Her Years of Service as a Community Volunteer RESOLUTION OF APPRECIATION TO (CM) — File 102 SHIRLEY FISCHER FOR HER YEARS OF SERVICE AS A COMMUNITY VOLUNTEER 7. Resolution Recognizing May 3 — 9, 2004, as RESOLUTION NO. 11535 — "Mosquito and Vector Control and West Nile RESOLUTION DECLARING MAY 3 — Virus Awareness Week" (CM) — File 9-2-9 9, 2004 "MOSQUITO AND VECTOR CONTROL AND WEST NILE VIRUS AWARENESS WEEK" 8. Monthly Investment Report for Month Ending Accepted Monthly Investment Report March 2004 (MS) — File 8-18 x 8-9 for month ending March 2004, as presented. SRCC Minutes (Regular) 05/03/2004 Page 1 SRCC Minutes (Regular) 05/03/2004 Page 2 9. Resolution Authorizing and Approving the RESOLUTION NO. 11536 — Borrowing of Funds for Fiscal Year 2004-2005; RESOLUTION AUTHORIZING AND the Issuance and Sale of a 2004 Tax and APPROVING THE BORROWING OF Revenue Anticipation Note Therefor and FUNDS FOR FISCAL YEAR 2004 - Participation in the California Communities Cash 2005; THE ISSUANCE AND SALE OF Flow Financing Program (MS) — A 2004-2005 TAX AND REVENUE File 8- 13-9 x 8-14 ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM 10. Resolutions of Appreciation to Four Members of RESOLUTION NO. 11537 — the Community: Patricia Cochran, Diane Glas, RESOLUTION OF APPRECIATION TO Mary Ellen Irwin and Pete Martin (MS) — PATRICIA COCHRAN, VOLUNTEER File 102 x 214 RESOLUTION NO. 11538 — RESOLUTION OF APPRECIATION TO DIANE GLAS, VOLUNTEER RESOLUTION NO. 11539 — RESOLUTION OF APPRECIATION TO MARY ELLEN IRWIN, VOLUNTEER RESOLUTION NO. 11540— RESOLUTION OF APPRECIATION TO PETE MARTIN, VOLUNTEER 11. Resolution Authorizing the Use of Facsimile RESOLUTION NO. 11541 — Signatures for WESTAMERICA BANK Workers' RESOLUTION AUTHORIZING THE Compensation Trust Account (MS) — USE OF FACSIMILE SIGNATURES File 7-1-31 x 9-3-20 FOR THE WESTAMERICA BANK WORKERS' COMPENSATION TRUST ACCOUNT 12. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 11542 — Contract to Maggiora & Ghilotti, Inc. re RESOLUTION AWARDING Eucalyptus Lane Storm Drain and Sewer CONTRACT FOR EUCALYPTUS Replacement; Project No. 11033, in Amount of LANE STORM DRAIN AND SEWER $187,654.00 (Bid Opening Held on Tuesday, REPLACEMENT TO MAGGIORA & April 27, 2004) (PW) — File 4-1-568 x 4-4-6b GHILOTTI, INC. IN THE AMOUNT OF $187,654.00 (Lowest responsible bidder) 13. Resolution Accepting a Grant of Easement from RESOLUTION NO. 11543 — William H. Dittman and Barbara Dittman for the RESOLUTION ACCEPTING A GRANT Construction of the Project Entitled "Valley View OF EASEMENT FROM WILLIAM H. Avenue Drainage Improvements" (PW) — DITTMAN AND BARBARA DITTMAN File 2-4-31 x 9-3-40 FOR THE CONSTRUCTION OF THE PROJECT ENTITLED "VALLEY VIEW AVENUE DRAINAGE IMPROVEMENTS" 14. Resolution Accepting a Grant of Easement from RESOLUTION NO. 11544 — Walter Holleran III and Karen Holleran for the RESOLUTION ACCEPTING A GRANT Construction of the Project Entitled "Valley View OF EASEMENT FROM WALTER Avenue Drainage Improvements" (PW) — HOLLERAN III AND KAREN File 2-4-32 x 9-3-40 HOLLERAN FOR THE CONSTRUCTION OF THE PROJECT ENTITLED "VALLEY VIEW AVENUE DRAINAGE IMPROVEMENTS" 15. Resolution of Appreciation to California Film RESOLUTION NO. 11545 — Institute on the Fifth Anniversary of the RESOLUTION OF APPRECIATION TO Christopher B. Smith Rafael Film Center (RA) — CALIFORNIA FILM INSTITUTE ON File 102 x (SRRA) R-324 x (SRRA) R-181 THE FIFTH ANNIVERSARY OF THE CHRISTOPHER B. SMITH RAFAEL FILM CENTER SRCC Minutes (Regular) 05/03/2004 Page 2 16. Resolution of Appreciation to Brigitte Moran of Chez Brigitte, LLC, on the Fifteenth Anniversary of the Downtown San Rafael Farmers' Market Festival (RA) — File 102 x (SRRA) R-181 x (SRRA) R-447 SRCC Minutes (Regular) 05/03/2004 Page 3 RESOLUTION NO. 11546 — RESOLUTION OF APPRECIATION TO BRIGITTE MORAN OF CHEZ BRIGITTE, LLC, ON THE FIFTEENTH ANNIVERSARY OF THE DOWNTOWN SAN RAFAEL FARMERS' MARKET FESTIVAL 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 Cohen: 5. SUMMARY OF LEGISLATION AFFECTING SAN RAFAEL (CM) — FILE 116 x 9-1 Regarding AB 2690, Councilmember Cohen stated that while he supported the staff recommendation, he wanted to make a brief editorial comment. He was aware a letter had been sent to the State Administration on the use of volunteers on Public Works' projects that otherwise would require payment of prevailing wages. Councilmember Cohen stated he continued to support the approach recommended in that letter that the DIR (Department of Industrial Relations) withdraw their opinion and reconsider. He indicated that the problem with trying to do this by statute - AB 2690 - is that it only defines certain types of volunteers and to define every possible iteration in the statute was not the way to go, which was one of the fundamental problems with the DIR's approach to the issue. Councilmember Cohen stated he would move the recommendation as he would prefer to see the Bill passed than nothing be done; however, he recommended that the City continue to urge that the Administration request the DIR to reconsider their position as opposed to having to undo this legislatively. Councilmember Cohen moved and Councilmember Heller seconded, to approve the staff recommendation. SB 1659 Eminent Domain — Compensation. Senator Poochigian — OPPOSE AB 2690 Public Works — Funds. Assembly Member Hancock — SUPPORT AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS: Mayor Boro stated the City Council was very privileged to honor five volunteers and two organizations that had made an impact on the City of San Rafael. He indicated that at the conclusion of an 8 -minute video presentation on the proposed Pickleweed Expansion, cake and coffee would be available in the lobby to honor all the recipients. 17. PRESENTATION OF RESOLUTION OF APPRECIATION TO SHIRLEY FISCHER FOR HER YEARS OF SERVICE ASA COMMUNITY VOLUNTEER (CM) — FILE 102 Mayor Boro stated that the Resolution of Appreciation addressed Shirley Fischer's long history as a community leader and articulated the numerous projects she had worked on, particularly in North San Rafael. He believed Ms. Fischer was most noted for her perseverance, her study of the issues and not being afraid to speak out, ensuring points of view were heard and well represented. Mayor Boro stated he had learned Ms. Fischer was taking a break from public service activity and he expressed thanks for all the work she had done on behalf of those not only in North San Rafael but all of San Rafael. Thanking Mayor Boro, Ms. Fischer noted that all the sentiments listed were not just an acknowledgement of her as she could not think of anything she had worked on alone. Indicating that San Rafael is a remarkable place, she stated it was fortunate to have such a community of people who care and are willing to put themselves forward. Ms. Fischer stated it had been a great experience working with a group of people who were not for their own self profit and this applied to staff, City Council and Planning Commission. While she did not always agree on everything, she realized that individually and as a group, everyone SRCC Minutes (Regular) 05/03/2004 Page 3 SRCC Minutes (Regular) 05/03/2004 Page 4 was doing their best for the City, which gave democracy a good name Pete Martin, Santa Margarita Neighborhood Association, stated that the members of the North San Rafael Coalition wished to honor Ms. Fischer for all the work she had done over the years on behalf of the community. He read from a plaque which he presented to Ms. Fischer. "Shirley, as a token of our gratitude, this plaque is given so that all may know Shirley Fischer has selflessly given of her time, expertise and energy to enhance the quality of life in North San Rafael. Further be it known that she has provided the model of achievement that will be a guide to the future of our community — 2004 North San Rafael Coalition." 18. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO PATRICIA COCHRAN, DIANE GLAS, MARY ELLEN IRWIN AND PETE MARTIN (MS) — FILE 102 Recognizing Patricia Cochran, Mayor Boro stated that she, along with a few others, had participated in something called "The Ditch." He indicated the Resolution addressed the wonderful work she had done as a member of the Santa Margarita Homeowners Association, fundraising, etc. For the benefit of the audience, Mayor Boro explained that this neighborhood wanted this eyesore in their community resolved. It was an expensive project and through their work and effort, the City agreed that if the neighborhood could raise half the amount necessary, the City would match this. He reported that the neighborhood had raised over $100,000 for the effort, which was matched by the City, and a groundbreaking would take place soon. Mayor Boro stated that the Resolution acknowledged the wonderful work Ms. Cochran had done on behalf of the City, particularly her neighborhood, and he expressed congratulations and thanks. With Shirley Fischer and Pete Martin being honored this evening, Ms. Cochran stated she did not feel worthy of the award. She indicated that two people inspired her from the beginning - Chris Geller and Michael Maguire - both of whom taught her how to give unselfishly while busy and without much spare time. Mayor Boro acknowledged the presence of Marin County Board of Supervisors member Susan Adams, whom he welcomed and thanked. Indicating that Diane Glas worked on the DART (Disaster Area Response Teams) project, Mayor Boro explained this was a project of the Fire Department and was outreach to the community to be ready in the event of a disaster. He noted a similar educational program in the Police Department concerning the operations of police. According to the Resolution, Mayor Boro stated that Ms. Glas had spent many evenings working; she had fundraised, prepared classes, manuals, managed the database and web site information, together with coordinating the DART booth at the Marin County Fair, and for all of this the City was very thankful. Diane Glas stated she wished to thank her family for giving her the space and time to do this work. She indicated she had been a volunteer since she was ten years old and believed it crucial that everyone volunteer throughout their lives. Ms. Glas thanked the administration of the Fire Department, represented tonight by Fire Chief Martin, and Division Chiefs Brian Waterbury and Mike Angeli, who give a lot of their time over and above the call of duty. She also thanked the Marin County Board of Supervisors for sponsoring the courses, indicating it was crucial that funding is received. Ms. Glas also thanked the 500 volunteers who had graduated from the course, one of whom was in the audience this evening, one on the City Council and the spouse of another City Councilmember, and she expressed appreciation for the time given by all in the program. Mayor Boro reported he was pleased and proud to state that Mary Ellen Irwin had been a friend for many years and commented that she had served on the City Council in the State of New Jersey. On moving to San Rafael and the Fairhills neighborhood, she immediately became involved in the Fairhills Property Owners Association and was an active member. Mayor Boro believed Ms. Irwin's claim to fame was her service as a Fire Commissioner and her involvement in safety and education regarding Fire Safe Marin. He explained this is a program through the Fire Department working with the County and other fire departments to promote fire safety in the neighborhoods and encourage residents to remove brush from their homes to make their neighborhoods as safe as possible to avoid a large fire. SRCC Minutes (Regular) 05/03/2004 Page 4 SRCC Minutes (Regular) 05/03/2004 Page 5 Indicating that Ms. Irwin had been tireless in her efforts, Mayor Boro stated the City was very pleased and proud and he expressed thanks. Mary Ellen Irwin stated she was grateful for having been able to work with so many wonderful people, quite a few of whom were present this evening. Regarding Fire Safe Marin, Ms. Irwin explained that after approximately thirteen years, every Fire Department was represented. They meet once per month to discuss the programs being done for each neighborhood and share ideas, and without San Rafael's support, it could not have happened. She expressed appreciation to the Fire Department for its support, indicating she was very proud to have been in a position to work with such wonderful people, made possible by the City Council. Ms. Irwin explained they had been going neighborhood by neighborhood attempting to develop and organize each to understand the problems concerning wild land fire. Should there be questions, she invited residents to telephone her. Mayor Boro reported that Pete Martin had been president of the Santa Margarita Neighborhood Association for the past six years and he, together with his committee members, helped spearhead the Creek project. He noted that Mr. Martin helped the City in many other ways, most significantly his involvement with two successful "Measure P" Campaigns on Paramedics, and he had been very instrumental in helping those measures pass in the City of San Rafael. For those efforts and the many things he does on behalf of the citizens of San Rafael, Mayor Boro thanked Pete Martin. Expressing thanks, Pete Martin stated he would not have been involved with all of this had it not been for the marvelous City Council. He indicated that it leads back to what the Council had been doing for the past decade, which made all proud to be residents of the City of San Rafael and the surrounding areas within the sphere of influence. Mr. Martin stated it was an honor for him to be part of all of this and he thanked the City Council for the inspiration given to residents in their accomplishments. 19. PRESENTATION OF RESOLUTION OF APPRECIATION TO CALIFORNIA FILM INSTITUTE ON THE FIFTH ANNIVERSARY OF THE CHRISTOPHER B. SMITH RAFAEL FILM CENTER (RA) — FILE 102 x (SRRA) R-324 x (SRRA) R-181 Mayor Boro stated that San Rafael over the past number of years had become a center for certain events and activities and tonight he wanted to acknowledge two in particular that were reaching milestones. Regarding the California Film Institute, Mayor Boro invited Mark Fishkin, Anne Brebner and Christopher B. Smith to the podium. Mayor Boro reported that a number of years ago when the revitalization of the downtown was first considered, the question of what to do with the Rafael Theater came up. He indicated that conventional wisdom was to tear it down because it was closed and a wreck; however, no one politically would indicate that, and on the other hand, no one had any ideas as to what to do with it. Mayor Boro stated the City was very fortunate that the City Manager at that time and Jake Ours, Redevelopment Director, learned that this organization (California Film Institute) was looking for a home. He recalled going to the Mill Valley office where the first question to him was, "Can you close the street for us?" to which he responded, "How many nights a week would you like the street closed?" Reporting that the Redevelopment Agency at that time purchased the theater for $500,000, Mayor Boro stated it was given to the California Film Institute for $1 and they had raised in excess of $7 million. He acknowledged that Mr. Smith, a large contributor, now had his name on the marquee, and deservedly so, was also present. Mayor Boro stated the Resolution addressed their Five -Year Anniversary and the fact that the Center had a tremendous impact on the City and downtown, bringing people from all over Marin County and the Bay Area, and was truly recognized as a wonderful place to visit and see a movie. On behalf of all the citizens of San Rafael, Mayor Boro thanked Mark Fishkin, Anne Brebner and Christopher Smith. SRCC Minutes (Regular) 05/03/2004 Page 5 SRCC Minutes (Regular) 05/03/2004 Page 6 Expressing thanks to the Mayor and City Council, Mark Fishkin stated it was a pleasure and honor to be present. Indicating that The Rafael had become a tremendous asset to the community, he stated this was due to the incredible support from Chris, together with the volunteers and last night, the street was closed when 600 people attended the showing of "A Hard Day's Night." Whether it was the community attending, volunteers helping with special events or George Lucas being present to talk to audiences, Mr. Fishkin stated The Rafael was an important part of the community, while at the same time having world class programming in a world-class facility. It was their hope through the support of all of these people, it would remain that type of benefit to the community for many generations to come. Anne Brebner stated the City Council, Redevelopment Agency and City staff had shown their respect for what art as something that draws the community together could do, noting the spirit at the Sing Along last night was extraordinary. Ms. Brebner suggested that candidates when running for elected office in San Rafael be forced to clarify their positions on the support of the arts and what they would specifically do if elected, to help the arts. She believed San Rafael had the potential to be known to artists of all types as a good place to go because of the support. Ms. Brebner believed the arts made order out of chaos and created a peaceful environment, and she thanked the City Council for getting them to this point. 20. PRESENTATION OF RESOLUTION OF APPRECIATION TO BRIGITTE MORAN OF CHEZ BRIGITTE, LLC, ON THE FIFTEENTH ANNIVERSARY OF THE DOWNTOWN SAN RAFAEL FARMERS' MARKET FESTIVAL (RA) — FILE 102 x (SRRA) R-181 x (SRRA) R-447 Mayor Boro reported that San Rafael has a wonderful Farmers' Market with Brigitte Moran as its producer. He noted she also produces Winter Wonderland and Snow at Christmas and the Parade of Lights, amongst many other great things. Indicating that Brigitte was a person who had given herself to the community, Mayor Boro stated that at one point she worked for the City and was now a private contractor. Noting the Farmers' Market had become a true event, Mayor Boro stated that upwards of 3,000 — 5,000, young and old, attend on Thursday evenings from all over Marin County. It was something the City wanted to do to keep the "town alive after five", and Brigitte had certainly contributed to that. On behalf of all, Mayor Boro expressed thanks to Brigitte Moran, noting this was the fifteenth anniversary of the Farmers' Market in San Rafael. Brigitte Moran stated that fifteen years was a long time and it had been an honor to work for the City Council and City staff, commenting that the Farmers' Market had become like a large extended family of thousands of people. She reported that her mom had worked with her for all of the fifteen years, and her 25 year-old daughter had been working with her for the past three years, making three generations of involvement. Expressing thanks, Brigitte stated it appeared unfair because they enjoy what they do so much. 21. PRESENTATION OF VIDEO RE PICKLEWEED PROPOSED EXPANSION (CS) — FILE 267 Mayor Boro reported that for the past several years, staff had been working at redoing, rehabilitating and expanding the Pickleweed Community Center and he was pleased to announce reaching the $6 million mark of a $7 million capital campaign. He explained that this Center has over 100,000 visits annually; it serves the people not only of the Canal area, rather the entire community with soccer fields. Expressing a desire to get the project done, Mayor Boro stated that being community leaders, he believed this was a great captive audience, and he promised cake and coffee at the conclusion of the video presentation. An 8 -minute video was viewed by the City Council, staff and audience. PUBLIC HEARING: 22. Public Hearing — ZONING ORDINANCE TEXT AMENDMENT (PUBLIC NOTICE REQUIREMENTS) — CONSIDERATION OF REVISIONS TO THE PUBLIC NOTICE REQUIREMENTS CONTAINED IN THE ZONING ORDINANCE TO: 1) CONSOLIDATE THE NOTICING PROVISIONS IN ONE CHAPTER; 2) PROVIDE A CONSISTENT NOTICING RADIUS OF 300 FEET; 3) NOTICE NON -OWNER OCCUPANTS AND TENANTS; 4) INCREASE THE NOTICE TIME FRAME FROM 10 TO 15 DAYS; AND 5) MODIFY THE POSTING REQUIREMENTS (CD) — FILE 10-3 x 10-2 x 10-6 Mayor Boro declared the public hearing opened. Principal Planner Kristie Wheeler clarified that the notice time frame from 10 — 15 days was for Planning applications only. She indicated that the posting requirements would only be for SRCC Minutes (Regular) 05/03/2004 Page 6 SRCC Minutes (Regular) 05/03/2004 Page 7 certain types of planning applications, listed on page 2 of the staff report. Ms. Wheeler stated it was realized late last week that in processing the changes to the design review requirements, especially those related to Eichler and Alliance homes, staff promised changes to the roof pitch for these homes would also receive a notice to adjacent property owners. Initially this had not been planned in these proposed changes; therefore, this had been added back in. There being no comment from the audience, Mayor Boro closed the public hearing. Councilmember Cohen commended staff on an excellent report. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REVISING THE PUBLIC NOTICE REQUIREMENTS CONTAINED IN TITLE 14 (ZONING ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE (ZO03-004)" 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. 1824 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 23. None. COUNCILMEMBER REPORTS: 24. Police Department / Immigration Service: - File 9-3-30 x 9-1 Councilmember Cohen stated it had been brought to his attention by a member of the ACLU (American Civil Liberties Union) that the City's local Congresswoman was one of the co- sponsors of the "Clear Act" which he understood would require local Police Departments to cooperate fully with the Immigration Service. Should this be correct, he believed the City should express appropriate concerns about the issue. He indicated he would provide City Manager Gould with contact information for the ACLU. ABAG (Association of Bay Area Governments) Meeting: - File 111 x 9-1 Mayor Boro and Councilmember Heller expressed thanks to Councilmember Cohen for attending the recent ABAG meeting. There being no further business, the City Council meeting was adjourned at 9:20 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12004 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 05/03/2004 Page 7