HomeMy WebLinkAboutCC Minutes 2004-11-15SRCC Minutes (Regular) 11/15/2004 Pagel
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 15, 2004 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:00 PM:
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 6:00 PM:
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Absent: Gary O. Phillips, Councilmember
1. a) Conference with Real Property Negotiator
Government Code Section 54956.8
Property Address: 12-16 Ritter Street
Agency Negotiator: Nancy Mackle, Economic Development Director
Negotiating Parties: City of San Rafael; Brovelli Trust; Bottarini Trust
b) Conference with Legal Counsel — Anticipated Litigation
Government Code Section 54956.9(b) -Significant Exposure to Litigation — One Case
Existing Facts and Circumstances Creating Significant Exposure to Litigation
per Government Code Section 54956.9(b)(3)(C):
1) Letters from Attorney for CYO, dated 3-24-04, 5-25-04, 6-28-04,
8-13-04, 9-15-04, 10-7-04 and 10-13-04
2) Letter from David Grabill dated 10-21-04
3) Letter from James Stark dated 10-28-04
Copies available for review in City Clerk's Office, City Hall, Room 209
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:04 PM
1) Redwood Village Grading: -File 100x 5-1-347
Mr. Dil Kazzaz, stated he was present to report to Council on how instructions and guidelines they
participated in formulating to the Planning Department were bypassed, noting his wife, daughter and
many sympathizers were also present. He indicated he resides at 1 Canada Court, which is contiguous
to the Redwood Village Development, and at issue was a house behind his within the development.
Mr. Kazzaz explained that during the formulation of the guidelines for construction for Redwood Village,
many issues were discussed and actions taken and agreed upon, including the adoption of the Planning
Department's staff report addressing the site drainage and how it affected the separation fence
between the development and Rafael Meadows. He indicated that some houses, excluding one behind
him, needed to be on fill, and to hold the fill, fences were to be constructed on a concrete retaining wall
up to 3 -feet tall. He noted that the undesirable loss of privacy, and more, to these homes was not
disclosed to the owners and the matter was absorbed.
Mr. Kazzaz reported that the house behind him did not need fill, as the ground was 10 -feet higher than
the areas needing fill. He stated that at the time of construction of his fence the developer wanted to
place it on a concrete wall. He objected, citing the adopted staff report, and the developer admittedly
agreed without disclosing they wanted the wall, because they would or had obtained approval to build
the house on fill. He noted the Planning Department did approve the house to be on approximately 2 -
feet of fill without alerting him, and he questioned why when an individual applied for a permit, details
are disclosed to neighbors, albeit not when developers did.
Now almost finished, Mr. Kazzaz stated the house was presenting a huge privacy intrusion to them,
which was by far worse than those openly disclosed and approved to be on fill. Furthermore, he
indicated the approved conditions allow for run-off to occur along the fence and the newly finished wood
fence was distressed because it was serving as a concrete retaining wall. Having complained to the
Planning Department when the first stick was placed, he was informed it was too late as it had already
been approved. He indicated that the Director personally admitted to him, however, that the approval
created a unique and unexplainable condition.
Mr. Kazzaz stated his lawyer indicated that to win the case on legal grounds would entail a lot of work
and he suggested trying moral grounds, which was his reason for addressing the City Council. He
indicated that referring the issue back to the Planning Department would yield the "NEEAT" they already
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knew; therefore, he requested that an impartial third -party be appointed to seek solutions. He noted that
recently a neighboring town had found a solution to a well-publicized improperly approved building
permit they issued, and he inquired whether San Rafael would follow suit.
City Manager Rod Gould, having spoken with Mr. Kazzaz on a number of occasions, as had Community
Development Director Bob Brown, stated that staff believed the house in question was built in
accordance with the Plans and Specifications approved by the Planning Commission and City Council.
He indicated that the house had been inspected several times and staff believed it was in full
conformance with those Plans and Specifications. Mr. Gould reported that staff had tried to speak to Mr.
Kazzaz concerning ways to shield the house with additional landscaping, etc., without arriving at a
solution. They had talked to the developer to enlist his help; however, they appeared stuck on the
question of whether or not the house was built according to the plans, which staff believed it was.
Having seen the correspondence, Councilmember Cohen stated he understood staff's position that it
appeared to be in conformance with the plans submitted; however, should there be evidence to the
contrary, it would be helpful to see it. If not, he encouraged Mr. Kazzaz to work with staff and the
developer to ascertain whether something could be done to mitigate the impact of the house being
where it is. The grading not being in accordance with what was approved was a question of fact that
could be established; however, so far, he believed this was not the case, and unless Mr. Kazzaz could
present something to the contrary, it would be difficult to order something significant such as taking the
house down. In the absence of something being done that was not in accordance with the plans
approved, he requested that the City Manager continue to work with Mr. Kazzaz to ascertain what could
be done to mitigate the impacts. He understood from the photograph that there were impacts felt by Mr.
Kazzaz and his family and hoped staff could find a way to accommodate mitigating some of these.
Mayor Boro suggested that Mr. Kazzaz meet again with Mr. Gould and Mr. Brown to go through the
rationale of approvals to demonstrate in their minds that specifications were met. He concurred with
Councilmember Cohen's suggestion for the City to independently talk to the developer to ascertain
whether he could assist in screening this from Mr. Kazzaz's property in a way to be determined. Noting
that no action could be taken this evening, Mayor Boro invited Mr. Kazzaz to contact staff regarding his
concerns, and simultaneously, staff would explore means of mitigating this through the developer.
2) General Plan 2020: -File 115 (2020)
Roger Roberts, having participated in a lot of the General Plan process, thanked the City for its
patience, and staff for their good grace under pressure, during the entire General Plan 2020 process,
and he was glad resolution was finally being achieved.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as
follows:
ITEM
2. Approval of Minutes of Special Meeting of
Tuesday, October 19 and Special and Regular
Meetings of Monday, November 1, 2004 (CC)
3. Resolution of Appreciation to Patrick J. Webb,
Former Park and Recreation Commissioner (CS)
- File 102 x 9-2-4
4. Resolution Accepting Grant of Pedestrian
Easement from Redwood Village Owners
Association (PW) — File 2-2 x 9-3-40 x 5-1-347
5. Resolution Authorizing the Mayor and the City
Clerk to Execute an Agreement for the Purchase
of Tax Defaulted Property in Terra Linda
Adjacent to the Terra Linda/Sleepy Hollow Divide
Open Space Preserve by the Marin County Open
Space District; APN 165-010-66 (RA) —
File 2-15 x 13-14.1
RECOMMENDED ACTION
Minutes approved as submitted.
RESOLUTION NO. 11661—
RESOLUTION OF APPRECIATION TO
PATRICK J. WEBB, FORMER PARK
AND RECREATION COMMISSIONER
(for 21 years of service)
RESOLUTION NO. 11662 —
RESOLUTION ACCEPTING GRANT
OF PEDESTRIAN EASEMENT FROM
REDWOOD VILLAGE OWNERS
ASSOCIATION, DATED NOVEMBER
5, 2004
RESOLUTION NO. 11663 —
RESOLUTION AUTHORIZING THE
MAYOR AND THE CITY CLERK TO
EXECUTE AN AGREEMENT FOR THE
PURCHASE OF TAX DEFAULTED
PROPERTY BY THE MARIN COUNTY
OPEN SPACE DISTRICT
(APN 165-010-66)
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AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
ABSTAINING: COUNCILMEMBERS: Cohen (from Special and Regular minutes
of 11/1/04, due to absence from meetings)
SPECIAL PRESENTATION:
6. PRESENTATION OF RESOLUTION OF APPRECIATION TO PATRICK J. WEBB, FORMER
PARK AND RECREATION COMMISSIONER (CS) — FILE 102 x 9-2-4
For the benefit of the audience, Mayor Boro reported that Mr. Webb had elected to retire from
the Park and Recreation Commission after serving 21 years. He noted that Pat had been a
very loyal and hard-working member of the San Rafael Park and Recreation Commission and
the Resolution addressed some of the achievements of the Community Services Department,
together with some of the roles he had played in those achievements.
Mayor Boro explained that the Resolution indicated Mr. Webb had expanded the park inventory
with Peacock, Starkweather Shoreline, Hartzel, Mahon Creek and Los Ranchitos parks and
influenced the renovations of Albert, Pickleweed, Freitas, Boyd, Santa Margarita, Gerstle and
others. He had also been very instrumental in the development of the Playing Fields at
Pickleweed Park, Parkside Child Care Center, Terra Linda Community Pool, Lonatese
Gardens, Marin Bocce Complex and Pickleweed Park Community Center.
Mayor Boro noted the Resolution stated that Mr. Webb had contributed insight and wisdom
through three economic down cycles. He had volunteered on the San Rafael Downtown Vision,
the North San Rafael Vision, the 1980 General Plan Committee and the Citizens Task Force on
St. Vincent's/Silveira Properties (twice) and continues with the San Rafael Critical Facilities
Strategy Committee.
Stating Patrick Webb had done his part for the City of San Rafael, Mayor Boro indicated the
Resolution stated he had served the City with the grace of a diplomat, the protectiveness of a
parent, the vision of a Blue Sky Thinker, the practicality of a mechanic and the honesty that
came from great integrity, with which everyone agreed.
On behalf of the City Councilmembers present, and Councilmember Phillips who could not be in
attendance this evening, those present and the citizens of San Rafael, Mayor Boro thanked and
congratulated Patrick Webb for 21 great years. He acknowledged Mr. Webb's wife Florence,
who was also in attendance.
Expressing thanks, Patrick Webb stated that while he appreciated the recognition, he did not do
it for recognition and believed it was the "rent you pay" for living in a city such as San Rafael, in
giving volunteer public service. He indicated he had learned a lot about how the City works,
noting that people expect and demand a lot and did not appreciate the effort going into it. Mr.
Webb stated that people such as Carlene McCart and Andy Preston, under Rod Gould's
leadership and guidance, made the City work and he appreciated it very much,. He noted he
would return tomorrow evening for the San Rafael Critical Facilities Strategy Committee
meeting.
COUNCIL CONSIDERATION:
OLD BUSINESS:
7. CONSIDERATION OF RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT (FEIR) FOR SAN RAFAEL GENERAL PLAN 2020; APN: CITYWIDE AND SAN
RAFAEL PLANNING AREA; CITY OF SAN RAFAEL, APPLICANT; FILE NO. GPA03-002
(CD) — FILE 115 (2020)
Mayor Boro stated there were six items which had to do with resolution of General Plan 2020,
and he invited City Attorney Gary Ragghianti to introduce the item, to be followed by Planning
staff.
City Attorney Gary Ragghianti expressed thanks for the opportunity to introduce this long-
awaited agenda item, noting there were six separate agenda items for Council consideration
and proposed action this evening. Mr. Ragghianti stated that this evening was the culmination
of a very long, arduous, time-consuming and certainly, expensive journey, which started some
four years ago and which had consumed thousands and thousands of hours of staff and
consultant time, not to mention attorney time. He stated that the City had reached out into the
community for input and exposed itself to the white light of public opinion and expression
through not only the workshops that staff conducted, but also the Planning Commission
hearings and the City Council hearings, all of which were in great detail in the resolution which
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was part of the packet in connection with the adoption of agenda item #8, General Plan 2020.
Noting the public hearings had been completed, Mr. Ragghianti stated they were completed
last month and the courtesy notice that was sent out for the hearings this evening indicated that
the public hearings were closed; therefore, this evening, as was intended, no public testimony
would be taken. Rather, this was an opportunity for staff to make its presentation to Council for
any last-minute questions Councilmembers might have, and for any comments that
Councilmembers wished to make before staff requested Council to follow its recommendation in
connection with the adoption of this Plan.
Mr. Ragghianti noted that at least three or four letters were received today, and perhaps
included in those communications were a couple of e-mails he would defer to Ms. Jackson or
Mr. Brown on. He reported that today, a letter dated November 15, 2004, had been received
from a representative of St. Vincent's that would be responded to, both with respect to its
content concerning the FEIR, which is agenda item #7, and the first paragraph which concerned
the Housing Element and the October 291h letter from HCD, about which there would be other
discussions this evening.
Mr. Ragghianti introduced Attorney Tiffany Wright, who had been involved from the very
beginning in connection with the Environmental Impact Review and related hearings. He noted
he had also requested longtime Redevelopment Attorney Lee Rosenthal, and his partners,
including Pauline Marshall and Barbara Kautz to attend, and they would speak briefly to the
portion of the St. Vincent's letter received today, which concerned itself with the Housing
Element.
Concluding, Mr. Ragghianti invited Tiffany Wright to review the November 15th letter and
respond as she deemed appropriate for the record in connection with the Environmental Impact
Report component. When Ms. Wright concluded he would invite Lee Rosenthal or Barbara
Kautz to respond with respect to the Housing Element.
Attorney Tiffany Wright stated that most of the comments raised in the letter had already been
dealt with extensively in the Responses to Comments document, noting that the basic tenor
was disagreement with these responses.
Referring to page 2 of the letter, second paragraph, Ms. Wright stated Mr. Kostka claimed that,
for example, the Staff Report stated on page 3 that General Plan 2020 did not represent
elimination of the development potential at the St. Vincent's/Silveira properties because it
simply preserved the status quo. She indicated that here he was addressing a comment in the
previous responses explaining that by adopting General Plan 2020, the development potential
was not being eliminated at the St. Vincent's/Silveira properties. She explained the meaning of
the comment was that the Land Use designations and zoning on the property were not
changing, and that the County's current designations would remain in place.
Page 2 – Paragraph 3 – Ms. Wright quoted the statement "For example, one of our main points
is that the development proposed for St. Vincent's will not cause any greater impacts than the
redevelopment and in -fill development proposed in General Plan 2020." She stated that the
comments from St. Vincent's repeatedly requested an evaluation or comparison of the impacts
of General Plan 2020, compared to the impacts of developing the St. Vincent's property. As
explained previously, she indicated this was not a proper analysis for this EIR, which is just
analyzing the impacts of General Plan 2020. Ms. Wright stated that the only place where it
would be appropriate to compare the impacts of General Plan 2020 to the potential
development of General Plan 2000, including development of St. Vincent's, would be in the
Alternatives Analysis, which was in the EIR—Alternative 2—The No Action, No Project
Alternative. Alternative 2 did include some development potential at St. Vincent's, and the
determination was that Alternative 2 would have greater environmental impacts than General
Plan 2020. These conclusions were stated in the EIR, and supported by the evidence in the
EIR, and Ms. Wright disagreed with this paragraph and with the conclusions.
Page 2 – Paragraph 4 – Ms. Wright stated Mr. Kostka made the comment that, "In particular,
we note that new significant cumulative impacts were first identified in the Responses to
Comments", and she indicated this was incorrect. She explained that the Cumulative Impacts
Analysis was included in the Draft EIR. Some clarifications were made to that Analysis and
included in the Final EIR; however, no additional significant cumulative impacts were identified
in the Final EIR or in the Responses to Comments.
Page 3 – center paragraph – Ms. Wright stated this paragraph commented on findings required
by Water Code §10911. She indicated that here, Mr. Kostka was referring to provisions in the
Water Code requiring a water supply assessment anytime a certain type of project is adopted.
She indicated this was a pretty big presumption to assume that those requirements applied to
adoption of a General Plan. Section 10912 of the Water Code provides the specific projects to
which these sections apply and is very specific. She explained these were projects with a
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certain number of residential units, etc., and General Plans were not included on that list;
therefore, it was not clear and arguably, this provision did not apply to adoption of a General
Plan. However, because no court had addressed this question yet, Ms. Wright stated the City
was advised to take a very conservative approach, and the City did incorporate all the
requirements of the water supply assessment provisions of the Water Code into the Draft EIR.
Ms. Wright reported that the analysis had been made and all requirements had been fulfilled to
consult with the Marin Municipal Water District. She stated that the analysis was included in the
EIR and the projected deficit in the water supply was identified as a Significant Unavoidable
Impact. Because of that, when the City adopts the Findings of Fact for the EIR and for General
Plan 2020, she indicated there would be a finding included that explained the deficits and finds
it a Significant Unavoidable Impact; therefore, the finding being cited for Section 10911,
subdivision C had been made.
Mr. Ragghianti invited Mr. Rosenthal to comment on the portion of Mr. Kostka's letter that
related to the Housing Element and the HCD letter dated October 29, 2004.
Attorney Lee Rosenthal stated that most of the paragraph was referring to the HCD letter
received on October 29, 2004. He indicated that in that letter, HCD provided what he would
consider some relatively minor comments on the Housing Element draft that had previously
been submitted to them. The City had responded to the HCD letter by making a number of
changes to the element that Linda Jackson would describe, and he believed most of them
could best be described as organizational changes. Mr. Rosenthal stated that in his view, the
Housing Element, as currently drafted and presented tonight, substantially complied with the
Housing Element law and would ultimately be approved by HCD. He pointed out that the
Housing Element law does not require HCD approval prior to City Council action on the Housing
Element in the General Plan.
Finally, Mr. Ragghianti stated that lest he not be able to put into the record his profound thanks
for the work of this wonderful staff, he did not do justice to the event about to be undertaken by
passing swiftly over it. He thanked Tiffany Wright, Tina Thomas, Lee Rosenthal, Pauline
Marshall, Barbara Kautz, Linda Jackson, Bob Brown, Bob Berman, Evelyn Buchwitz, Jeffrey
Baird and his colleague Todd Smith. Mr. Ragghianti stated that not only did they have to put
up with an enormous workload and timetables, they had to put up "with me" for a long time, and
that was not always a happy event. He stated they were a terrific group of people who had
done a wonderful job and he thanked them publicly.
Principal Planner Linda Jackson stated she would go through each of the six agenda items
before Council in adopting the General Plan and the implementing ordinance and resolutions,
first and foremost, certifying the EIR. After a brief description of each item she would invite
questions.
Sharing a fortune from a fortune cookie received this evening, Ms. Jackson quoted "A good
time to finish up old tasks."
Agenda Item #7 - Final Environmental Impact Report (FEIR): Ms. Jackson reported that two
public hearings were held, one with the Planning Commission on February 24, 2004 and one
with the City Council on September 15, 2004. She explained that throughout the entire process
of the EIR, they were guided by their EIR guru, Bob Berman, who was present this evening,
and Tiffany Wright, who had helped with responding to the comments.
Ms. Jackson reported that at the City Council Public Hearing on September 15, 2004, written
comments were received from Mr. Kostka, Ms. Salzman, and Mr. Hunn, and a number of oral
comments, which were addressed in the Staff Report. She stated staff was confident that the
EIR had identified and mitigated to the extent feasible, the significant environmental impacts of
the General Plan, and recommended certification of the Final EIR.
There were no questions from Council regarding the Final Environmental Impact Report.
Agenda Item #8: Ms. Jackson stated this was the adoption of General Plan 2020, noting the
report was quite lengthy. She explained that the report itself included the changes the City
Council recommended, which begin on page 16 of the report. She identified the Addenda as
follows:
a) CEQA (California Environmental Quality Act) Findings of Fact and Statement of
Overriding Considerations;
b) A set of letters, requested by Mr. Kostka, representing the CYO School for Boys, to be
included in the record for Council perusal, and attached to that were City staff letters in
response to a number of the letters they sent to HCD;
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c) An addendum prepared today by Ms. Jackson containing a couple of final edits to
Appendix B of the General Plan regarding the Housing Element, as follows:
• In the HCD letter, staff was requested to provide more information about the Elks
Club site and the downtown sites, as well as how or what the City's programs and
policies were for providing housing affordable to lower income households, and the
recommendations to Appendix B were noted in this memo.
To ensure that the Housing Element truly met the state's goals for encouraging
housing, and particularly for lower income households, the City Attorney engaged
the firm of Goldfarb & Lipman, which specializes in housing issues. They had gone
through the Housing Element in detail, and the results of their recommendations
refining the elements were contained in the Staff Report. Attached Appendix B
begins on page 323.
Ms. Jackson stated that the question was raised today as to how the City could adopt the
Housing Element, given that HCD wrote a letter requesting further information. She stated it
was very simple — it was time. The Element had been under review for a year and a half and
more by HCD, it had had three reviews by HCD and the City had answered all their requests for
information. She stated staff was confident that this Element met and exceeded the state's
requirements and the City Council would be adopting the Element consistent with the provisions
of State law.
Ms. Jackson reported that tomorrow, the adopted Element would be forwarded to HCD for their
final review, and in addition, staff looked forward to giving the HCD reviewer a tour of San
Rafael to demonstrate the City's successes, track records, the changes being adopted, and the
projects in the pipeline.
Noting the staff report briefly discussed the claims that St. Vincent's should be part of San
Rafael's planning area because the City needed this site to meet its housing needs, Ms.
Jackson stated there were two facts she would like to share to refute these claims:
St. Vincent's/Silveira was removed from the City's consideration as a housing site early
in the planning process because Planning Director Bob Brown, was told by HCD staff
that these sites would not have housing built within the 2007 planning timeframe.
Therefore, when the Steering Committee looked for sites, it did so without the St.
Vincent's/Silveira site.
The City did not have to come up with a new planning "strategy" or a new housing
strategy to provide for affordable housing in San Rafael. The Steering Committee, from
the get -go, from listening to the community, talked about having housing in commercial
districts, allowing housing in more parts of San Rafael than was permitted today, and
this was what was before Council in the General Plan. By making the changes the
Steering Committee recommended, staff found that San Rafael could easily meet its
regional housing needs without the St. Vincent's/Silveira site.
Ms. Jackson reported that In 1988, (she began working for the City in 1990), she was amazed
at the policies the City had at that time for inclusionary housing, for density bonuses, and
housing bonuses. She stated San Rafael was known as the leader in the Bay Area and just
today, she received a draft profile of San Rafael that would go into an Urban Land Institute
document. She noted they were putting together a profile of six Bay Area communities, which
were leaders in the Bay Area for in -fill housing. Ms. Jackson stated she had the draft of that
profile, and it described the changes made by Council in 1996 for downtown. She stated
Council was continuing that role today by revising many of San Rafael's Land Use districts to
allow residential use, to add a commercial in -lieu fee, and to increase the inclusionary housing
requirements.
Reporting that today she also received a call from a developer stating they noticed the City was
going to start allowing housing in the office district, Ms. Jackson stated there were a number of
developers waiting for these changes to happen in these districts that don't allow housing today,
but would tomorrow. With the new General Plan, she stated San Rafael would continue to be a
leader and a model in the Bay Area, demonstrating how new housing could benefit a
community.
There were no questions from Council on Agenda Item #8.
Agenda Item #9: Ms. Jackson reported that a Study Session was held on September 7, 2004
concerning the inclusionary housing ordinance (affordable housing ordinance). A Public
Hearing took place on October 4, 2004 and revisions were made on October 19, 2004 to the
inclusionary requirements. She noted that some cities waited months pursuant to adoption of
the General Plan to make their Zoning Ordinance changes, and by including these along with
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the General Plan adoption, the City was moving forward in a proactive way to see the General
Plan's vision become a reality even sooner.
There were no questions from Council on Agenda item #9.
Agenda Item #10: Ms. Jackson stated that a Study Session took place on September 7, 2004,
with a Public Hearing on October 5, 2004 and City Council review on October 19, 2004, and the
changes made to this program were reflected in the draft resolution. She stated she particularly
wanted to highlight the changes made to the evaluation criteria for affordable housing so that it
would be ready and able to compete with other non-residential projects.
There were no questions from Council on Agenda item #10.
Agenda Item #11: Regarding the Design Guidelines, Ms. Jackson reported that a Public
Hearing took place on October 5, 2004, and the edits were included. She pointed out that the
current planning staff would be very pleased to have a consolidated set of guidelines. It now
was comprised of three documents, plus the old General Plan policies, and staff believed the
guidance would prove to be helpful to designers and result in stronger applications.
There were no questions from Council on Agenda item #11.
Agenda Item #12: Ms. Jackson stated the Traffic Mitigation Fees were discussed, and at a
Public Hearing on October 19, 2004.
There were no questions from Council on Agenda item #12.
Community Development Director Bob Brown drew Council's attention to the fact that a Land
Use had been omitted from the Exemptions on the Traffic Mitigation Fees. He referred Council
to the resolution for Item #12 - the third yellow page –
"Whereas, the City Council has determined that cultural and theater facilities, excluding night
clubs in the downtown and affordable housing projects should be exempt from Traffic Mitigation
Fees." Mr. Brown stated that "Daycare Facilities/Childcare Facilities" are currently exempt and
recommended that this Land Use be added into the resolution.
Commenting that it was somewhat anticlimactic at this point, Councilmember Cohen stated that
at the culmination of a three and a half year process, he was reflecting on how someone not
having been a part of it whatsoever entering the Council Chambers might think Council was not
really paying attention nor asking any questions. He recalled some text from his copy of the
General Plan that he believed captured the entire process – the definition of community-based
governance that would go on page 217 - "Community-based local government acts as a
catalyst in mobilizing neighborhoods, shifting from bureaucracy, authority, and power to
community self-determination, mutual responsibility, and accountability, from treating residents
as clients to treating residents as active citizens, from top-down to bottom-up, from outside -in to
inside -out, from service collaboration to community collaboration, from betterment to
empowerment, from imposing to growing. Community-based San Rafael government engages
residents and other stakeholders in the direction, changes, decisions, priorities, planning,
organizing, implementation, and evaluation of the collaborative development of a sustainable
network of diverse, distinct neighborhoods."
Councilmember Cohen believed that captured what the last three and a half—four years had
been about. He stated the community was blessed, not just with a remarkable natural
environment, not just with the opportunity to live near, but not in, one of the world's great
metropolitan areas, and to have a wonderful diverse community to live in, but also with
wonderful people committed to being active citizens. He indicated that in looking over the list,
he noticed a couple of people present who served on the Steering Committee – Dick Watts,
Jean Starkweather, and Sandy Greenblat, who put a lot of hours in, together with a number of
others present, Roger Roberts, Dwayne Hunn and Elissa Giambastiani, who attended many of
the meetings that he and Councilmember Miller attended. However, Councilmember Cohen
stated the City was really blessed with a lot of people listed in the General Plan document, and
others not listed, hundreds, in fact, who did a lot of the hard work, so that at the end, the City
Council did not have to.
Noting the City Council had to hear the impassioned concerns of some people who were not
quite satisfied with the way the process came out during hearings over the last couple of
months; however, on reflection, Councilmember Cohen believed it really remarkable how
distilled down those issues had become in the scope of issues considering this General Plan.
He commended staff, adding his words to Mr. Ragghianti's, in thanking all of them for the
tremendous hard work done, and for persevering with the process that he realized turned out a
lot longer than anyone thought. Councilmember Cohen publicly thanked the members of the
Steering Committee, all of whom he believed would have run "screaming from the room" had
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they been approached with the request to "give up the next three and a half years of their lives
to planning San Rafael's future." He also acknowledged the wonderful work that so many
residents of San Rafael did to arrive at this evening, and it had been his privilege to be part of it.
As stated previously, Councilmember Heller stated this had been her first General Plan, noting
she certainly was awed by all of the time and effort that everyone put into it, and believed staff
did a wonderful job. Having been on the sidelines, she indicated she did try to catch up by
attending the Planning Commission meetings, and every meeting that included General Plan,
so that she could understand the entire process. Noting it was quite convoluted, she saluted
anyone in the public who started at the very beginning and understood it at the very end, as
being amazingly bright, as it had not been "spoon-fed" to them as it had to the City Council.
Councilmember Heller stated she appreciated the assistance provided so they could
understand it each step of the way, and complimented Linda Jackson and Bob Brown, both of
whom deserved a five minute break before the next project.
Councilmember Miller, taking a word from a previous life experience, stated he looked on the
General Plan as a "liturgy." He explained it came from the Greek word "Ergon" - meaning work,
and "Lahos" - meaning people. Councilmember Miller stated this was the work of the people of
San Rafael, and he thanked all for making it possible.
Mayor Boro thanked Councilmembers for their comments. He noted the process had
apparently been underway four and a half years, starting in May of 2000. Some notes he had
indicated that the 19 -member Steering Committee held 39 public meetings, met with 42
community groups, and over 700 people were involved during the time this plan was put
together, so there really were the handprints of a number of people in the community on this
Plan. Along with his colleagues on the City Council and staff, he thanked all those in the
community who helped participate in it.
Mayor Boro stated he wanted to spend a few minutes this evening talking about one issue in
particular that came before Council over the past several months with respect to this process,
as he believed it important that the record be set straight.
Regarding the history of the St. Vincent's/Silveira property, with which he had a lot of
involvement over his tenure both on the Planning Commission and City Council, Mayor Boro
explained, as some were aware, that in the 1980s, the County of Marin in their General Plan
had shown the lands of St. Vincent's/Silveira as a housing opportunity site as mitigation for A60
zoning in West Marin, and because of that, the City planned over the years to include that
property in the City for development at some point.
Reporting he was involved with Supervisor Roumiguiere in the mid-90s when a task force was
held, Mayor Boro stated all Councilmembers were involved in 1998 when an MOU was signed
between the City and the County to set up a new task force to study these properties, and he
had the pleasure of co-chairing that task force with Supervisor John Kress. He reported that
after about 20 months of labor, the task force came up with their plan. They turned it into the
City and the County, and it was adopted at a joint meeting of the two agencies in May, 2000.
Mayor Boro stated that what happened next was kind of interesting. He recalled on numerous
occasions inquiring of staff as to what was happening with St. Vincent's; however, not much
appeared to be happening. He indicated he kept getting the message that there was
disagreement between the developer that was hired and the agency themselves as to what to
do, and no meaningful progress was being made. It appeared then that no work was being
done with the adjoining property owner, which was critical, and in his opinion, time was wasted.
Mayor Boro stated there was support on the Board of Supervisors for several years to enter into
this agreement between the City and the County; however, nothing happened. San Rafael City
Council then decided to change course, and was accused of making a political decision, and he
challenged anyone to debate that argument, as it was not a political decision.
Indicating that the City Council worked long and hard on this particular area, Mayor Boro stated
that many Councilmembers, Councilmember Cohen in particular, and himself, spent years
attempting to bring some vision and reality to that property. He stated that after the election it
was not the fact that one supervisor was elected, rather that at least two other supervisors
stated in the press that they did not support the MOU between the City and the County, and
that was the death knell for this plan, because no matter what people might infer, the City could
not develop this property and annex it without cooperation from the County. He indicated that
was when it became a prudent and practical decision on the City's part, not to go forward.
Mayor Boro stated that when the City took that step, St. Vincent's had the opportunity to
challenge the findings (a 14 -page resolution was passed back in 2003). One of the findings
dealt with the issue of the City's ability to provide housing to meet the housing goals throughout
the City without these lands, and the City was very explicit about that and how it could be done.
SRCC Minutes (Regular) 11/15/2004 Page 8
SRCC Minutes (Regular) 11/15/2004 Page 9
Mayor Boro reported that no one testified and no one challenged it during the 90 -day period to
challenge. Almost a year and a half to two years later, it was being inferred that the City acted
improperly and had not done the things it should have done.
Reporting that he had spent a lot of time this weekend, with the City Attorney, on his own and
again today, not only reading this particular document and series of documents, but thinking
about all that had happened, and now the accusations and threats, Mayor Boro stated it upset
him greatly, especially as would be seen when he continued to reveal some of the things that
had happened to the City in the ensuing weeks.
Mayor Boro reported that the City had been threatened with a lawsuit, challenged on the
Housing Element, and reading through the documents, he noted a letter written by Mr. Kostka
(one of the many) dated June 28, 2004, to the Chair of the County Planning Department, in
which he stated: "At this time, St. Vincent's and the City are pursuing discussions regarding the
future of St. Vincent's in San Rafael. In order to provide a full opportunity for a successful
outcome of these discussions, St. Vincent's requests that the County continue its historical
approach to the property as an important part of the City central corridor by maintaining its
interim land use." Mayor Boro stated this was not true. There were no discussions held
between the City and the County. His involvement with CYO at that time was that he and the
City Attorney participated in a meeting in his office with two members of the CYO Board, and
CYO never once mentioned the boys, nor housing, affordable or otherwise. Mayor Boro stated
they (Mr. Ragghianti and Mayor Boro) were informed that their (CYO's) concern was the fact
that should this plan remain in the County, they (CYO) would suffer a $50 million loss in their
land, and they (CYO) would do anything they could to convince the City to take this land back
into its jurisdiction. In an implied threat, they also indicated they had friends in high places and
if the City did not cooperate, they would see that certain things happened.
Mayor Boro reported he ascertained subsequently that they (CYO) did meet with each
Councilmember during that time, and to the best of his knowledge, no Councilmember had ever
given any indication of wanting to change the course of action about to be taken tonight.
Due to the diligence and good work of the attorneys, both on City staff and those assisting Mr.
Ragghianti, Mayor Boro reported that a request was made to HCD (Housing and Community
Development) under the Freedom of Information Act to see the correspondence between
anyone from CYO and the agency. He stated there were two interesting things he would like to
share tonight. A box of material was received, and to their credit, he stated, the housing group
at Sacramento was quite quick to respond:
Copy of an e-mail was received from the head of HCD to the Deputy Director, prompted by a
request from a board member of CYO inquiring whether it was appropriate to help out. They
described in this case, the quandary they felt they were in.
Draft of a letter was also found, and Mayor Boro stated it was extremely interesting that on
October 29, 2004, when HCD sent their latest letter informing the City they needed additional
information and would take longer, the City secured through the Freedom of Information Act, a
draft of a copy of a letter dated the same date that approved the Plan, thanking and
congratulating the City; however, that letter was never sent out, instead another letter went out.
Mayor Boro commented that he guessed someone did have some friends in high places. He
stated he would submit both these documents to the City Clerk on completion of his remarks
this evening so that both documents could be entered into the record.
Mayor Boro stated that what he personally disliked most about this was that San Rafael kept
getting slammed for its housing achievements, and would not make any without this opportunity
site. For edification, he reported that he requested Linda Jackson to supply him with some
numbers, and between 1997 and 2002, the current timeframe, 867 units were built - 26%
affordable, with only a 10 percent affordability rate required. He indicated this was a
tremendous track record and San Rafael continues to be the leader in Marin County. There are
currently 241 units, in addition to those 867 units, in the pipeline, some getting ready to go
online, others in the process of being approved. Mayor Boro stated that this City would
continue to provide housing - both workforce and market rate housing - whenever the
opportunity presented itself. He stated that San Rafael was truly a model for other cities in
the Bay Area, and recently the Greenbelt Alliance and the Urban Land Institute toured
downtown with Bob Brown, and were extremely pleased and impressed with what they saw and
the way housing had been introduced in the downtown, which as most realized, had made
quite a transition downtown.
Mayor Boro thanked the City Attorney, his colleagues, staff, consultants, the members of the
community, and all those who had really made tonight's job a lot easier than it probably should
be. He noted there was an ordinance and five resolutions, which he was confident Council
would pass, and he expressed thanks for all the good work done in the community to get to this
point.
SRCC Minutes (Regular) 11/15/2004 Page 9
SRCC Minutes (Regular) 11/15/2004 Page 10
Speculating that the City may be sued on the adequacy of the General Plan, Mayor Boro stated
that would be a mean-spirited suit, should it happen, with very little, if any, results, except
expenditure of money, time and delay in this City to complete and go forward with any housing
projects in the mix. He indicated there was no way that the HCD could force the City to change
its legislative decision, nor was there a way, in his opinion, that anything would be gained from
a suit on the General Plan, except as mentioned, to cause delay, to spend money, with nothing
changed when it was all over. Mayor Boro expressed the hope that those talking about that
would ask themselves what they would get in the end, should they choose to go forward with it.
Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11664— RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT PREPARED FOR THE SAN RAFAEL
GENERAL PLAN 2020
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
8. CONSIDERATION OF RESOLUTION ADOPTING SAN RAFAEL GENERAL PLAN 2020;
APN: CITYWIDE AND SAN RAFAEL PLANNING AREA; CITY OF SAN RAFAEL,
APPLICANT; FILE NO. GPA03-002 (CD)- FILE 115 (2020)
Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 11665 — RESOLUTION ADOPTING SAN RAFAEL GENERAL PLAN 2020
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Phillips
9. CONSIDERATION OF VARIOUS ORDINANCE AMENDMENTS TO TITLE 14 (ZONING
ORDINANCE) OF THE MUNICIPAL CODE; APN: CITYWIDE AND SAN RAFAEL PLANNING
AREA; CITY OF SAN RAFAEL, APPLICANT; FILE NO. GPA03-002 (CD) —
FILE 10-2 x 10-3 x 115 (2020)
The title of the ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL
MUNICIPAL CODE TITLE 14 — ZONING, VARIOUS CHAPTERS, AND AMENDING THE
ZONING MAP"
Councilmember Heller moved and Councilmember Miller seconded, to dispense with the
reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance
No. 1831 to print by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
None
Phillips
10. CONSIDERATION OF RESOLUTION ESTABLISHING THE PROJECT SELECTION
PROCESS; APN: CITYWIDE AND SAN RAFAEL PLANNING AREA; CITY OF SAN RAFAEL,
APPLICANT; FILE NO. GPA03-002 (CD) — FILE 115 (2020)
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11666 — RESOLUTION ESTABLISHING PROCEDURES FOR A
PROJECT SELECTION PROCESS (PSP) IMPLEMENTING
SAN RAFAEL GENERAL PLAN 2020 LAND USE ELEMENT
POLICY LU -3 AND IMPLEMENTING PROGRAM LU -3a, AND
REPEALING RESOLUTION NO. 11514
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Phillips
SRCC Minutes (Regular) 11/15/2004 Page 10
SRCC Minutes (Regular) 11/15/2004 Page 11
11. CONSIDERATION OF RESOLUTION ADOPTING THE SAN RAFAEL DESIGN GUIDELINES;
APN CITYWIDE AND SAN RAFAEL PLANNING AREA; CITY OF SAN RAFAEL,
APPLICANT; FILE NO. GPA03-002 (CD) — FILE 115 (2020)
Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11667— RESOLUTION ADOPTING THE SAN RAFAEL DESIGN
GUIDELINES, AND REPEALING RESOLUTION NOS. 9563
AND 9570
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
12. CONSIDERATION OF RESOLUTION IMPOSING TRAFFIC MITIGATION FEE ON
DEVELOPMENT PROJECTS CITYWIDE IN SAN RAFAEL PLANNING AREA (PW) —
FILE 115 (2020)
Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution, as
amended.
RESOLUTION NO. 11668— RESOLUTION IMPOSING TRAFFIC MITIGATION FEE ON
DEVELOPMENT PROJECTS CITYWIDE IN SAN RAFAEL PLANNING AREA ($4,246.00 PER
TRIP)
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Phillips
Mayor Boro congratulated and thanked all concerned. He submitted the two documents
received from HCD, referred to in his comments, to the City Clerk for inclusion in the record.
PUBLIC HEARINGS:
13. Public Hearing —
CONSIDERATION OF VACATION OF THE FOLLOWING PUBLIC SERVICES EASEMENTS,
CONSISTING OF THE THREE, TEN -FEET -WIDE PEDESTRIAN EASEMENTS TRAVERSING
LOTS 72 AND 73, LOTS 77 AND 78, AND LOTS 78 AND 79 OF THE REDWOOD VILLAGE
SUBDIVISION, AS SHOWN ON THE MAP ENTITLED "MAP OF REDWOOD VILLAGE"
FILED ON SEPTEMBER 30, 2003, IN VOLUME 2003 OF MAPS AT PAGE 229, MARIN
COUNTY RECORDS (PW) — FILE 2-4-16
Mayor Boro declared the public hearing opened.
Public Works Director Andrew Preston explained that this item dealt with the vacation of three
public and pedestrian easements erroneously shown on the Final Map of Redwood Village.
The project was approved by the City Council on May 5, 2003 and the Final Map filed in the
County Recorder's office on September 30, 2003.
Mr. Preston stated that the original design of two of the minor streets within the subdivision,
Boxwood Drive and Almond Court, was that they were to be publicly maintained streets and
connected with public pedestrian pathways leading from these public streets to the park site.
He indicated that during the plan check on the development of the project, it was found that
these streets, as designed, were too narrow and did not satisfy the City's standard design
requirements for public streets and were changed to private streets. The three public pathways
remained public; however, they should have been changed to private because they no longer
served the public good.
Mr. Preston indicated that there was no public benefit to be served by these pathways, because
the general public going from the park should not be entering the private portions of this
development, and, in fact, should they be left as public, there could be an argument that the
Public Works Department should maintain them, as they were shown as public easements. Mr.
Preston stated it was staff's recommendation that these three easements be vacated.
Councilmember Cohen indicated he believed these were put in with the intent of ensuring the
neighborhood had good pedestrian circulation so that people could access the park from
various parts on foot, and inquired whether they would remain as private pedestrian easements
or whether that pedestrian access to the park would be removed.
Mr. Preston stated they would remain as private pathways and maintained by the homeowners
association.
SRCC Minutes (Regular) 11/15/2004 Page 11
SRCC Minutes (Regular) 11/15/2004 Page 12
Councilmember Cohen confirmed the issue was that they would not be public and responsibility
and liability would be with the homeowners association.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 11669— RESOLUTION ORDERING VACATION OF PEDESTRIAN
EASEMENTS TRAVERSING LOTS 72 AND 73, LOTS 77 AND
78, AND LOTS 78 AND 79, IN THE REDWOOD VILLAGE
SUBDIVISION, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
14. Public Hearing —
1) CONSIDERATION OF ORDINANCE AMENDING CHAPTER 3.34 OF THE SAN RAFAEL
MUNICIPAL CODE ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST
COMPARISON SYSTEM AND AMENDING RELATED PROVISIONS OF THE CODE
CONSISTENT THEREWITH; AND 2) CONSIDERATION OF RESOLUTION ESTABLISHING
A NEW MASTER FEE SCHEDULE FOR SERVICES PROVIDED BY THE VARIOUS CITY
DEPARTMENTS AND RESCINDING THE PREVIOUS RESOLUTIONS ESTABLISHING THE
EXISTING MASTER FEE SCHEDULE; AND 3) CONSIDERATION OF RESOLUTION
ESTABLISHING A NEW SCHEDULE OF FINES FOR ADMINISTRATIVE CITATIONS AND
RESCINDING THE PREVIOUS RESOLUTION ESTABLISHING THE EXISTING SCHEDULE
OF FINES FOR ADMINISTRATIVE CITATIONS; AND 4) CONSIDERATION OF
RESOLUTION ESTABLISHING A NEW SCHEDULE OF FINES FOR PARKING CITATIONS
AND RESCINDING THE PREVIOUS RESOLUTION ESTABLISHING THE EXISTING
SCHEDULE OF FINES FOR PARKING CITATIONS (MS) —
FILE 9-10-2 x 9-3-20 x 9-3-87 x 240
Assistant City Manager Ken Nordhoff explained that since 1996 the City had used the practice
of attempting to recover the full cost of services, specifically services that individuals or groups
benefit from. Council policy suggested that to the greatest extent possible, the full cost should
be recovered. He reported that staff goes through a process of looking at the entire budget and
allocating costs of staff, supplies and services, etc., noting the last full study was carried out in
2003.
Explaining the procedure, Mr. Nordhoff reported that staff requests the City Council to pass an
ordinance defining to what extent the cost should be recovered, typically 100%, but in some
cases less, and should this be accepted, a Master Fee Table is built. Being a labor intensive
project, he explained that when this was done in 2003, language was included to allow staff to
index a number of these fees rather than having to go through a full-blown process involving not
only the Finance Department staff, rather all staff in the other departments.
Mr. Nordhoff explained several items in this evening's comprehensive document
The ordinance defined to what extent staff believed the portions of costs for the various services
provided should be recovered.
Of three separate resolutions, the first was a Master Fee Schedule which identified the various
fees from planning services to facility rentals to library fines.
The second resolution pertained to Parking Fines and Penalties. It did not deal with the parking
rates, rather specifically violations related to the California Vehicle Code or the San Rafael
Municipal Code.
The third resolution related to a schedule of Administrative Citations done in concert with Code
Enforcement activities; therefore, to the extent Code Enforcement, Police or other staff found a
need to issue citations for various health and safety violations, a separate table was available.
Regarding some of the key changes since 2003, Mr. Nordhoff explained that the CPI change
was 1.2%. In accordance with the resolution adopted in 2003, it could be adjusted from an
August to August period. Inflation did not move much and the adjustments were made as noted
in the Master Fee Schedule, identified with a # sign, and rounded down to the nearest dollar.
Since last approaching this topic, Mr. Nordhoff stated that several things had occurred, which
were included in the schedules. He explained that specifically, in January of 2004, as part of
SRCC Minutes (Regular) 11/15/2004 Page 12
SRCC Minutes (Regular) 11/15/2004 Page 13
budget balancing actions, to assist in creating new financing to help with street maintenance,
and specifically street paving efforts, Council adopted two studies — 1) Residential Refuse
Impact Fees, paid by Marin Sanitary Service to the City and passed along in the refuse rates
established for businesses and residences, and 2) A similar fee for construction related
vehicles. Studies were carried out to evaluate the impacts of the roads, rates were established
and these were included in the schedule. Mr. Nordhoff confirmed that no changes to these
were recommended at this time.
As part of the budget process, Mr. Nordhoff reported that Council directed staff to fully recover
the cost of the General Plan, just approved, in terms of its implementation, and this was also
included in the schedule.
Mr. Nordhoff reported that revisions to solicitor and peddler ordinances were also carried out
and the related permits were included.
Referring to page 4 of the staff report and other changes listed, Mr. Nordhoff explained there
was a separate parking penalty schedule. No changes were proposed to the parking rates
downtown currently, whether meters, lots or garages. Noting the construction of a new facility
at Third and C Streets, he stated staff would return to Council, probably within the next 90 days,
pursuant to some additional work through the Parking Services Manager working with the
community, Chamber of Commerce and Business Improvement District, to evaluate rate
adjustments necessary to cover the debt service to begin next year, together with operating
costs for that facility.
Mr. Nordhoff reported that staff spent time evaluating other changes in the City organization.
He stated that last month, Council approved a reorganization in Community Development that
included adding a Land Development Engineering position to Public Works. Mr. Nordhoff
stated he had worked with Mr. Brown, Community Development Director, and his staff to
ascertain how fees needed to be adjusted to cover these costs. Referring to the Building Permit
Schedule, listed as a separate attachment to the Master Fee Schedule, he stated there
currently was a charge of 65% for Plan Checking Fees and it was proposed that this be
increased to 100% to cover the cost. Also listed were surcharges related to covering long
range planning, which come on top of the building permits.
Lastly, Mr. Nordhoff stated he had worked with Fire Chief Martin in evaluating the level of time
and investment spent in fire plan checking. Many of the items required to be reviewed by the
State Fire Marshal, as part of the Building Permit and application process, fall in the Fire
Prevention Division of the Fire Department and the Fire Chief had determined that the City was
not fully recovering those fees; therefore, staff proposed an additional 65% surcharge. Mr.
Nordhoff stated it was difficult to find comparable numbers in Marin County; however, Fire Chief
Martin succeeded in pulling up a schedule from San Francisco and peninsula areas, and most
cities in those jurisdictions had similar rates.
Mr. Nordhoff stated there were an ordinance and three separate resolutions for action and he
would be happy to answer questions.
Mayor Boro declared the public hearing opened.
Elissa Giambastiani, President/CEO, San Rafael Chamber of Commerce, stated they
appreciated the fact that most of the City's proposed fees were being increased only by the CPI,
which was similar to what most businesses were doing. She indicated they had a number of
questions concerning the proposed Fire Plan Check Fee and believed the amount was
extremely high. Noting the Fire Chief was requesting a new fee that was 65% of the Building
Permit because he believed the Department needed more employees to get the work done in a
timely fashion, Ms. Giambastiani stated that did not appear to be enough, because he was also
requesting a further 35% increase to expedite the review.
Indicating there should be some justification for this fee, Ms. Giambastiani inquired as to what
all of the new state -mandated regulations were that only the Fire Department could check, what
rate was being used to justify this new fee, whether the Firefighter Safety Rate was being paid
for someone to sit at a desk and check plans, was double being paid for some of the work
already done by the Community Development Department Plan Checker. She stated it was
their understanding that the Fire Department's portion of the plan check was a very small
proportion of the time necessary for a total plan check and inquired how it could call for a 65%
surcharge.
Ms. Giambastiani stated that the rate used to justify this fee should be no higher than that of a
Community Development Department Plan Checker. She noted Fire Chief Martin inferred that
the proposed fee would generate $180,000, which would pay for only one and a half
employees. She stated that there had not been a huge increase in development in San Rafael
and questioned why the Fire Department needed additional employees. She suggested that
SRCC Minutes (Regular) 11/15/2004 Page 13
SRCC Minutes (Regular) 11/15/2004 Page 14
perhaps it was not a question of having sufficient people to get the work done, rather the way
the work was being conducted and perhaps a restructuring of the Department could solve the
problem without adding more fees to the developer and more employees to the City's payroll.
Proposing the City outsource the Fire Plan Check Fee to a state -certified fire inspector, Ms.
Giambastiani stated the developer would still pay the fee, but it would probably be at a lower
rate than the City would charge and the City would not have to hire more of its most highly -
compensated workers.
Questioning the attribution of the entire General Plan Maintenance and General Plan
Implementation Fees to new construction, Ms. Giambastiani noted that the General Plan dealt
with more than just land use. However, as new construction would bear the full brunt of the
cost of a Plan that related to all residents of the community, she questioned how this could be
justified.
Ms. Giambastiani stated that while it was understood the City was in a budget crunch, the
business community was also, and there had to be an end to the increase in fees being
charged to the business community. She was aware the City wanted another hotel because of
the Transient Occupancy Tax; however, according to this Plan, the developer would be required
to pay $75,970 to obtain a building permit. He would also have to pay the Jobs/Housing
Mitigation Fee and an increased Traffic Mitigation Fee, and should the City's development fees
continue to increase at this magnitude, she believed there would not be any development to
worry about.
Ms. Giambastiani urged the City Council to look more closely at the justification for the Fire Plan
Check Fee and the General Plan fees before adopting them this evening.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Commenting on Ms. Giambastiani remarks, Mr. Nordhoff reported he accompanied Mr. Brown
and Fire Chief Martin in meeting with the Chamber of Commerce last week and believed this
was some of the basis for these comments. As Fire Chief Martin was not in attendance this
evening, Mr. Nordhoff reported that the costs to be recovered were a combination of staff time,
i.e., the Fire Marshal and one of the Inspector's portions of their time, and also, doing some
contracted fire inspecting. He confirmed that it was not proposed to add any new permanent
positions, rather it was simply looking at recovering the costs of existing personnel and adding
some additional contracted inspecting services, such as Ms. Giambastiani was suggesting,
where that workload existed. As this sometimes did not come evenly, the flexibility would be
available to try to meet the demand of getting permits processed with a combination of in-house
staff and outside expertise.
Mr. Nordhoff pointed out that there were some mandated inspections and reviews as part of
plan checking that the Fire Department had to do that were not a duplicative effort of the
Community Development Department. He indicated that, in fact, when Mr. Brown sends many
of his Building Inspectors out they carry out a lot of the field inspecting work on behalf of the
Fire Department, for basic exiting and life safety issues, etc. Believing the fee to be
appropriate, Mr. Nordhoff stated it could only really be gauged by going through the next year
and looking at the actual level of work done and fees collected. He stated staff believed the
cost was being recovered and the proposal was consistent with Council policy in other
development related areas.
1) The title of the ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL,
CALIFORNIA, AMENDING CHAPTER 3.34 OF THE SAN RAFAEL MUNICIPAL CODE
ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON
SYSTEM, BY REVISING SECTION 3.34.040"
Councilmember Miller moved and Councilmember Cohen seconded, to dispense with the
reading of the ordinance in its entirety and refer to it by title only, and pass Charter
Ordinance No. 1832 to print by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Phillips
2) Councilmember Cohen moved and Councilmember Miller seconded, to adopt the
Resolution.
RESOLUTION NO. 11670— RESOLUTION ESTABLISHING ANEW MASTER FEE
SCHEDULE FOR SERVICES PROVIDED BY THE
SRCC Minutes (Regular) 11/15/2004 Page 14
SRCC Minutes (Regular) 11/15/2004 Page 15
VARIOUS CITY DEPARTMENTS AND FOR LICENSING
AND SERVICES BY THE ANIMAL SERVICES AGENCY
AND RESCINDING THE PREVIOUS RESOLUTIONS
ESTABLISHING THE EXISTING MASTER FEE
SCHEDULE
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
None
Phillips
3) Councilmember Heller moved and Councilmember Miller seconded, to adopt the
Resolution.
RESOLUTION NO. 11671 — RESOLUTION ESTABLISHING A NEW SCHEDULE OF
PARKING PENALTIES AND LATE PAYMENT
PENALTIES FOR NOTICES OF PARKING VIOLATIONS,
AND RESCINDING THE EXISTING SCHEDULE OF
PARKING PENALTIES AND LATE PAYMENT
PENALTIES
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
4) Councilmember Cohen moved and Councilmember Heller seconded, to adopt the
Resolution.
RESOLUTION NO. 11672 — RESOLUTION ESTABLISHING A NEW SCHEDULE OF
FINES FOR ADMINISTRATIVE CITATIONS AND
RESCINDING THE PREVIOUS RESOLUTION
ESTABLISHING THE EXISTING SCHEDULE OF FINES
FOR ADMINISTRATIVE CITATIONS FOR VIOLATIONS
OF THE SAN RAFAEL MUNICIPAL CODE
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
COUNCILMEMBER REPORTS:
15. a) Marin Telecommunications Agency (MTA): - File 4-13-101
Councilmember Miller reported that at the meeting of the MTA last Wednesday he
voted "NO" on the MTA Survey on the Public Access Channel, principally because the
resolution contained the poison pill of stopping negotiations until the study was complete.
This meant almost a six-month hiatus in negotiations when there were still 21 open items
other than public access. He referred Council to the September 15, 2004 memorandum
from Marty Nichols — Franchise Status Report.
Councilmember Miller stated that the purpose of the added study and telephone survey
was to enhance the bargaining position of the negotiators in dealing with Comcast in
finalizing a Franchise Agreement. The County of Marin would pay $25,000 and MTA
would bear $35,000 from money in their present budget. He indicated that consultant
Robinson had already completed a report of a Comcast -run facility that the MTA Board
had instructed the negotiators to achieve.
Councilmember Miller stated that at that meeting, he was as forceful as possible in
notifying the Board and the public that the City of San Rafael was not in a position to use
any San Rafael General Funds, including those received through Cable Franchise Fees,
to support operating expenses of a non-profit public access facility. He indicated that in
his report, the consultant estimated $150,000 per year over a ten-year period for the City
of San Rafael, and in Councilmember Miller's understanding, such a use of money at this
time was simply not in the City's priorities of financial expenditures.
Councilmember Cohen thanked Councilmember Miller for his strong defense in the
interests of San Rafael with respect to MTA.
b) Water Transit Authority - Community Advisory Committee: - File 258 x 9-1
Councilmember Heller stated that she attended the Water Transit Authority Advisory
Committee meeting on November 10, 2004, reporting that the Local Funding Sales Tax
Measure failed in Solano County, passed in Contra Costa and San Mateo Counties, and
the monies would be combined with the Regional Measure 2 funds. They were hopeful of
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even seeing federal funding by Thanksgiving. Regarding Port Sonoma, she reported they
intended to start the technical intermodal transit and environmental studies as of January,
2005.
c) Business Improvement District (BID): - File 183
Councilmember Heller reported having attended the BID Annual Meeting on Friday,
November 5, 2004. She indicated they were quite pleased with the report on safety from
Interim Police Chief John Rohrbacher, who had staff available to advise the community of
the problems and how they could help.
d) Joint Powers Authority (JPA) Oversight Committee: - File 239
Councilmember Heller reported having attended the JPA Oversight Committee meeting on
November 4, 2004, and after almost six years of meetings, Oversight Committee Bylaws
were adopted. She stated they had requested that the General Services JPA give a
presentation on the Draft General Services agreement. Several questions were
transmitted, a copy of which was with City Manager Gould and she announced that their
next meeting would take place on January 6, 2005, in the Rug Room at the Civic Center.
e) Transportation Authority of Marin (TAM): - File 170
Mayor Boro reported having attended a Joint Sub -Committee meeting of TAM and the
Marin County Transit District to discuss what would happen to bus service as a result of
the Tax Measure passing. He noted that a TAM Steering Committee meeting took place
last week and a TAM Board Meeting would take place this coming week. He believed
Public Works Director Andrew Preston would be very vigilant in working with the County,
and CalTrans in particular, on the anticipated enhancements with respect to the freeway
improvements by Sonnen Motors, together with the bike path parallel with Highway 101.
Noting a lot of challenges to be faced, Mayor Boro reported that an Executive Director
needed to be hired at TAM. He indicated that some things would have to happen quickly,
while others would take a little longer to implement, noting it was most critical to sustain
existing transportation.
Mayor Boro noted that the Marin County Transit District anticipated signing an eighteen -
month agreement with Golden Gate to provide service; however, during that time, Golden
Gate and the Transit District would explore whether there were ways to cut the cost, and
the Transit District would investigate whether another vendor could provide the service.
f) Sewer Authority: - File 4-12-7
Councilmember Cohen stated he was convinced it was in the best interests of the
ratepayers of Central Marin to look at the regional approach to not only the transmission of
sewage, rather the treatment of sewage, noting that presently, multiple overlapping
agencies dealt with these. He indicated that the Central Marin Sanitation Agency had
hired a consultant and had several meetings discussing how to at least take baby steps
towards a regional approach to the issue. He stated the issue did not require a lot of public
policy debate and the more oversight could be streamlined and have it treated as the
engineering issue it was, the better.
Sitting on LAFCO, Councilmember Heller stated they deal with 11 Sanitary District
Agencies in Southern Marin that oversee 50,000 people at great cost to the community,
and a great deal more than it costs Novato to serve a similar amount of people, and they
were attempting to have them move into the same arena. She reported having suggested
to Peter Banning, LAFCO Executive Director, that he get in touch with Andrew Preston to
discuss what both parts of the County were attempting to do. She agreed that with huge
changes in the business and new requirements for reporting, small agencies could not do
it.
Councilmember Cohen commented that he believed in part it was LAFCO's attention to
Southern Marin that got some colleagues to conclude it would be better to deal with this
themselves as opposed to having it imposed by outside pressure.
g) San Rafael Critical Facilities Strategy Committee:- File 9-2-57
Councilmember Cohen noted that members of the San Rafael Critical Facilities Strategy
Committee had raised the issue of whether or not it was appropriate to limit themselves to
capital investment at a time the City was facing some real challenges in its operating
budget, and whether it made sense to plan for a new library if keeping it open could not be
funded. He understood they inquired whether Council would consider expanding their
charge and invite them to evaluate the broad range of financial issues the City faces.
Without prejudging the issue, he believed this could be appropriate, and requested that
the item be agendized for discussion at the Council meeting of December 6, 2004.
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SRCC Minutes (Regular) 11/15/2004 Page 17
h) Pickleweed Expansion: - File 267
Mayor Boro announced that next Tuesday some Councilmembers would attend the Board
of Supervisors Meeting in connection with the Pickleweed Project when the City would
receive a contribution from the County of Marin towards that effort. He indicated he had
invited the cabinet of people with whom he had been working to attend. Cabinet member
Pat Kendall, Kaiser, who was heading up a citizens committee to go out to the business
community with a goal of raising a further $500,000, would also be present, together with
members of her committee. Mayor Boro reported having requested that Mr. Gould
agendize the Pickleweed Expansion Project to go out to bid for the meeting of December
20, 2004, to ascertain status and get underway, if possible.
There being no further business, the City Council meeting was adjourned at 9:30 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12004
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 11/15/2004 Page 17