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HomeMy WebLinkAboutCC Minutes 2005-09-06 SRCC Minutes (Regular) 09/06/2005 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 6, 2005 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice-Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Absent: Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION – COUNCIL CHAMBER – None. CLOSED SESSION – CONFERENCE ROOM 201 – None. ORAL COMMUNICATIONS OF AN URGENCY NATURE:8:02 PM 1476 Lincoln Avenue, San Rafael/Caltrans: - File 100 x 171 x 3-1-2578 Melany Kramer, residing at 1476 Lincoln Avenue, a building owned and managed by Caltrans since December, 2002, stated she believed the honest solution to the problem she was having in getting the City Council, through the City Attorney’s Office, to deal with Caltrans was through a Claim for Damages against the City Attorney’s Office. She submitted a Claim for Damages to the City Clerk. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meetings of Minutes approved as submitted. Monday, August 1 and Monday, August 15, 2005 (CC) 2. Summary of Legislation Affecting San Rafael Accepted report. – (CM)File 116 x 9-1 3. Resolution of Appreciation for Jim Hayes, RESOLUTION NO. 11826 – RESOLUTION OF APPRECIATION Current Network Analyst, Employee of the FOR JIM HAYES, CURRENT Quarter ending June 2005 (MS) – NETWORK ANALYST, EMPLOYEE File 102 x 7-4 x 9-3-20 OF THE QUARTER ENDING JUNE 2005 4. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 11827 – RESOLUTION AWARDING THE Contract to California Pavement Maintenance CONTRACT FOR SLURRY SEAL Co., Inc. in the Amount of $95,698.24 for the 2004/2005 (REBID), PROJECT NO. Slurry Seal Contract 2004/2005 REBID, Project 11054, TO CALIFORNIA PAVEMENT No. 11054 (Bid Opening Held on Tuesday, MAINTENANCE CO. INC. IN THE August 30, 2005) (PW) – File 4-1-578 AMOUNT OF $95,698.24 (lowest responsible bidder) 5. Report on Mortgage Credit Certificate Program Accepted report. with Marin Housing Authority (RA) – File 13-16 x (SRRA) R-173 6. R RESOLUTION NO. 11828 – esolution Approving the Receipt of a Parcel of RESOLUTION APPROVING THE Real Property From and the Execution of a RECEIPT OF A PARCEL OF REAL Conveyance Agreement with the San Rafael PROPERTY FROM THE SAN RAFAEL Redevelopment Agency for Public Improvement REDEVELOPMENT AGENCY FOR Activities Related to Ownership and Management PUBLIC IMPROVEMENT ACTIVITIES of a Parking Facility, and Making Findings RELATED TO OWNERSHIP AND Pursuant to State Law in Connection Therewith MANAGEMENT OF A PARKING (RA) – SRCC Minutes (Regular) 09/06/2005 Page 1 SRCC Minutes (Regular) 09/06/2005 Page 2 File 2-1-83 x (SRRA) R-466 x (SRRA) R-140#8 FACILITY, AND MAKING FINDINGS PURSUANT TO STATE LAW IN CONNECTION THEREWITH (Parking rd Garage @ 3 and C) 7. Resolution Authorizing Temporary Closure of RESOLUTION NO. 11829 – RESOLUTION AUTHORIZING THE Alto Street from Larkspur Street to Belvedere TEMPORARY CLOSURE OF ALTO Street on Saturday, October 15, 2005 from 9:00 STREET FROM LARKSPUR STREET a.m. to 7:00 p.m. for the Canal Fest Binational TO BELVEDERE STREET ON Health Week Celebration & Services (RA) – OCTOBER 15, 2005 FROM 9:00 A.M. File 11-19 x 104 TO 7:00 P.M. FOR THE CANAL FEST BINATIONAL HEALTH WEEK CELEBRATION AND SERVICES 8. Resolution Approving the Execution of an RESOLUTION NO. 11830 – RESOLUTION APPROVING THE Amendment to the Below Market Rate Housing EXECUTION OF AN AMENDMENT TO Agreement to Reflect New Ownership as THE BELOW MARKET RATE Requested by California Housing Finance HOUSING AGREEMENT TO REFLECT Authority – Capri Condos (APN 155-370-23) (RA) NEW OWNERSHIP AS REQUESTED – File 229 BY CALIFORNIA HOUSING FINANCE AUTHORITY – CAPRI CONDOS (APN 155-370-23) (FORMERLY MHP II) AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips SPECIAL PRESENTATION: 9. PRESENTATION OF RESOLUTION OF APPRECIATION TO JIM HAYES, CURRENT NETWORK ANALYST, EMPLOYEE OF THE QUARTER ENDING JUNE 2005 (MS) – FILE 102 x 7-4 x 9-3-20 Introducing Jim Hayes, Mayor Boro explained that Mr. Hayes, a member of the City’s Information Technology staff, was selected Employee of the Quarter ending June 2005 by the employees of the City of San Rafael. Indicating that Jim had worked for the City for the past five years in Information Technology, Mayor Boro noted from a presentation to him last week the repeated comments of how great he was to work with, how well he helped people and how he took care of the technical issues. He reported that Jim had received a one hundred dollar bill and gold star in recognition of his achievement and next spring he would be in competition for Employee of the Year. Mayor Boro noted the Resolution of Appreciation addressed the great work Jim had done for the City, quoting the last WHEREAS: “Jim approaches his sometimes stressful work with patience, good humor, and with such a positive outlook he can often be heard singing the lyrics of the song ‘Baby Love’.” Accepting the Resolution of Appreciation, Jim Hayes stated that an award such as this was never received in a vacuum, rather it was a team effort. Acknowledging the presence of his teammates, he commented that they exchange solutions and ideas, which was the only way they could accomplish their task, and he expressed thanks to all. PUBLIC HEARING: 10. Public Hearing: 203-1211 LINCOLN AVENUE (CORNER OF LINCOLN AVE. AND MISSION AVE.) – 1 APPEAL OF AN APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT, USE PERMIT AND VESTING TENTATIVE MAP FOR THE DEMOLITION OF AN EXISTING APARTMENT BUILDING AND SINGLE-FAMILY HOME IN ORDER TO CONSTRUCT A NEW 36-UNIT RESIDENTIAL CONDOMINIUM STRUCTURE WITH A HEIGHT BONUS; APN: 011- 184-08 AND 09; HIGH DENSITY RESIDENTIAL (HR1) DISTRICT; 1203 LINCOLN AVENUE PARTNERS LP, OWNER; TWM ARCHITECTS, APPLICANT; TYMBER CAVASIAN, JAMES GONSMAN, ROGER ROBERTS, NINA LILIENTHAL-MURPHY, AND LYNN BRADESCU, APPELLANTS; FILE NOS.: ED04-102, UP05-032 AND TS05-001 (CD) – FILE 10-7 x 10-6 x 10-5 Declaring the public hearing opened, Mayor Boro reported that a letter was received today from SRCC Minutes (Regular) 09/06/2005 Page 2 SRCC Minutes (Regular) 09/06/2005 Page 3 the applicant which was made available to the members of the audience. He invited City Attorney Ragghianti to comment. City Attorney Gary Ragghianti reported that the letter was received this afternoon from the st attorney for the applicant indicating that they had received the August 31 appeal letter with attachments and wanting an opportunity to digest, review and analyze it, they requested a two- week continuance. Mayor Boro stated it was the practice of the City Council when such a request was made to grant a two-week continuance. Apologizing to all present, he indicated that having received the letter this afternoon staff immediately called the five people who signed the appeal, also informing Mr. Steven Schoonover, attorney working with the group. He confirmed that the item would be carried over for two weeks. On a point of order, Nina Lilienthal-Murphy stated that since the letter requesting a continuance was received by them less than six hours prior to tonight’s meeting, from the Lincoln-San Rafael Hill neighborhood’s point of view and that of the residents in attendance, she wished to make it very clear that setting the continuance was also setting a double standard for the City, with which they were very uncomfortable. Noting the attorney for the developer was getting an extra two weeks to study the letter submitted last Thursday afternoon, Ms. Murphy reported that they for the last ten or eleven months had been receiving their plans the day of the meeting or they would have to go to City Hall at 2:00 p.m. to receive them. She stated that no one in the community had received or seen the plans shown at the July 26 Planning Commission meeting and they would like to have a copy as soon as possible, so they too could address the issue intelligently at the continuance of the public hearing in two weeks. Ms. Murphy stated they would also like to have made available to them studies denied to them in the past, together with (to be paid for) verbatim copies of the minutes, also requested in the past and denied. Ms. Murphy explained that their original letter for the project was not included in tonight’s report, and she submitted copy of same. She also submitted a double page petition containing over 44 signatures agreeing with this appeal and stating it should go forward because not all of their issues had been addressed. Recalling letters that had been included with all previous staff reports, she noted that very few were admitted with tonight’s staff report that afforded a true picture of what was happening - over half were missing. For everyone concerned, Ms. Murphy stated that they all needed to read all the information to have a full understanding of what was happening with the project. She submitted these, together with some additional new letters to the City Clerk. Councilmember Heller moved and Councilmember Miller seconded, to continue the public hearing to the City Council Meeting of September 19, 2005. Councilmember Cohen noted that his work would take him out of town on September 19, 2005 and therefore, he would be unable to attend that Council meeting, and he understood it was possible that Councilmember Phillips would be unable to attend also. Mayor Boro stated that at this time Council would endeavor to hear the item on September 19, 2005 with a quorum of at least 3 Councilmembers. YES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips On behalf of the City Council Mayor Boro again apologized to those in attendance for the fact that the letter was only received this afternoon. Noting attempts were made to call people to indicate what tonight’s action would be, and expressing thanks for their attendance, he indicated Council would see them at the City Council meeting on September 19, 2005. CITY MANAGER’S REPORT: 11. Hurricane Katrina/Evacuees: - File 13-16 x 9-3-31 City Manager Rod Gould reported that this afternoon he, Nancy Mackle, Economic Development Director and Stephanie Lovette, Economic Development Coordinator, took part in a conference call with the State Office of Emergency Services and representatives of the other cities and towns in Marin. He indicated the question raised was whether any of the cities and towns in Marin were willing to accept people who had been displaced by the hurricane in the Gulf states, i.e., evacuees for temporary housing that could last for weeks or months. He stated it was made very clear that there was no guarantee of federal or state money to help pay for this temporary housing; however, nonetheless, all the cities in California were being canvassed to ascertain whether or not they would provide shelter for those who had suffered. SRCC Minutes (Regular) 09/06/2005 Page 3 SRCC Minutes (Regular) 09/06/2005 Page 4 Mr. Gould indicated that he had spoken with Mayor Boro prior to the conference call and he wished to make the City Council aware that it was staff’s feeling San Rafael needed to respond affirmatively to this request for humanitarian aid. Recognizing that this was one of the most expensive living areas in the country, he stated staff believed the City should do its part. Even with the City’s financial constraints he stated it was still the belief that given the magnitude of the disaster, something should be done by San Rafael. Reporting on some ideas staff wished to develop further, Mr. Gould stated one was to utilize Fire Station #3 as temporary housing for one or more families. Another was to use Housing Set Aside funds to pay property owners who had vacancies, either private apartment buildings or non-profit owned apartment buildings, to house people for a period of time. With Mayor Boro’s knowledge, Mr. Gould stated he had made a contingent commitment that San Rafael would accept three to five individuals or families for up to nine months and the City would seek to leverage that assistance further in consultation with City partners, the Marin Community Foundation and EAH. He noted that the only other city or town interested in helping at this time was Sausalito, which also had a vacant fire station. Mr. Gould indicated he had consulted his colleagues on whether they should discuss what more could be done together and a meeting was scheduled for Thursday to discuss just that, as he believed Marin should do more. Indicating he was apprising the City Council of the request and initial staff thoughts, Mr. Gould stated he would like a nod from the City Council to pursue the issue along the lines described. Councilmember Heller responded affirmatively. Councilmember Cohen stated that he had intended to raise this under Councilmember Reports and was delighted the City was once again ahead of the curve. Mayor Boro stated that when Mr. Gould was speaking to his fellow City Managers and the County Administrator this week the purported and real wealth in Marin County should be noted, together with the fact that the County sits in the middle of earthquake country and at some point should there be a problem, help could be needed. He indicated that although five individuals or families could be symbolic, he believed it important that everyone pull together, and if all cities joined in at that level or less, a small dent could be made. While not solving the problem, it would be shown that the community cared and he believed there was an obligation to do that. Mr. Gould stated it could be necessary to move rather rapidly as evacuees were already arriving in California and needed places to stay; therefore, with Council’s permission staff would move forward on the issue. Mayor Boro invited Melany Kramer to pass on any ideas she might have to Mr. Gould at the conclusion of the meeting. Mr. Gould stated he concurred with Ms. Kramer that there were 2,200 apartments owned by Caltrans in the Bay Area and although he was unaware of how many were habitable or vacant, he believed it would be good for the state to make those available. COUNCILMEMBERS REPORTS: 12. None. There being no further business, Mayor Boro adjourned the City Council meeting at 8:20 p.m. ____________________________ JEANNE M. LEONCINI, City Clerk APPROVED THIS ______ DAY OF __________, 2005 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 09/06/2005 Page 4