HomeMy WebLinkAboutCC Minutes 2006-11-06SRCC Minutes (Regular) 11/06/2006 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 6, 2006 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
Mayor Boro announced Closed Session items.
Present: Albert J. Boro, Mayor
Gary O. Phillips, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Absent: None
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a
a) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: Kristina Hall v. San Rafael Police Department
WCAB Nos: SRO 0132010 & SRO 0132011
b) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Janet Walker v. City of San Rafael
WCAB No: SFO 469-259
c) Conference with Labor Negotiators — Government Code Section 54957.6
Negotiators: Ken Nordhoff, Nancy Mackle, Lydia Romero,
Donna Williamson, Richard Whitmore
Employee Organization (s): San Rafael Fire Chief Officers' Association
San Rafael Police Association
San Rafael Police Mid -Management Association
Association of Confidential Employees
Western Council of Engineers
SEIU Miscellaneous & Supervisory
Childcare Unit
d) Public Employment - Government Code Section 54957(b)(1)
Title: Chief of Police
Mayor Boro announced that no reportable action was taken on items 1.a) or 1.1b).
Concerning 1.d), Mayor Boro announced that Matthew C. Odetto had been appointed
Chief of Police, effective December 4, 2006.
Item 1.c) was continued to end of meeting for discussion.
The following item was removed from the Consent Calendar at the request of the City Council:
5. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN
EMPLOYMENT AGREEMENT WITH CHIEF OF POLICE (CM) — FILE 4-10-354 x 9-3-30 x 7-4
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 12138 — RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE AN EMPLOYMENT AGREEMENT WITH CHIEF OF
POLICE MATTHEW ODETTO, EFFECTIVE DECEMBER 4, 2006
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Boro invited Councilmembers and Chief of Police Matt Odetto and his family to join him at the
podium.
Indicating that Chief of Police Matt Odetto would be sworn in on December 4, 2006, Mayor Boro
welcomed him to the family of the City of San Rafael.
Chief of Police Odetto stated that coming to San Rafael was a privilege and an honor and he would
do the City proud.
SRCC Minutes (Regular) 11/06/2006 Page 1
SRCC Minutes (Regular) 11/06/2006 Page 2
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:16 PM
a) Greenhouse Gas Emissions Inventory: - File 13-1 x 9-1
Sue Spofford, Sustainable San Rafael, issued a reminder that global warming was an issue that
must be tackled, and even with budget and staff shortages, it was possible to get started now.
Referring to the Stern report just issued by the British Government, she stated it included a lot of
scary numbers about the worldwide cost of climate change. Ms. Spofford stated that all of these
graphs and numbers added up to one clear conclusion, which was that the cost of acting now was
much less than the cost of acting later, and the benefits to the world would be much bigger.
Commending the City Council for taking action and signing the U.S. Mayors Climate Protection
Agreement, she indicated that there was an urgent need to take the first important step which was to
take an inventory of greenhouse gas emissions in San Rafael. She stated that conducting an
emissions inventory and setting reduction targets were the first two logical steps outlined in the
Mayors' Agreement. Noting Fairfax, Novato, Tiburon and San Anselmo were doing this, she hoped
San Rafael would not be the last and not be afraid to take on some of the other steps outlined in the
Agreement. Indicating they had obtained a grant to minimize the cost, she stated Sustainable San
Rafael stood ready to help in any way they could.
Kiki La Porta, Sustainable San Rafael, stated they were delighted that the economists had joined the
environmentalists and green technologists at last. The good news was that the time and knowledge
were available to act, and to act internationally, strongly and urgently, what was predicted could be
averted. Expressing gratitude to Mayor Boro and the City Council for having signed the U.S.
Mayors Climate Protection Agreement, she stated that over forty-one million U.S. citizens were
represented by mayors who had signed the Agreement as of January, 2006.
Ms. La Porta stated that Sustainable San Rafael urgently exhorted the City Council to commence
the Cities for Climate Protection program and demonstrate that San Rafael was taking meaningful
steps in the reduction of greenhouse gas emissions. Noting virtually no cost was associated with
undertaking the greenhouse gas emissions inventory, she stated the County of Marin had offered its
trained and experienced intern to conduct the necessary work, which would take approximately six
weeks and require no more than three to five hours of staff time.
Ms. La Porta urged the City Council to designate a staff person, preferably a long term planner, to
oversee the project. Through the energy, foresight and diligence of Bob Brown, Community
Development Director, and his staff, and the foresight of Mayor Boro and the City Council, she
believed the analysis of green buildings policies for San Rafael was well advanced and was one of
the key areas where a substantial reduction in polluting emissions could be achieved. Further
development of bikeways, walkable communities, urban tree canopy, the use of hybrid and electric
vehicles, and bio -diesel for the remainder, as well as renewable and non-polluting energy sources
would move the City further along the continuum of sustainability. Thanking the City Council for their
support of its citizenry, Ms. LaPorta stated that Sustainable San Rafael pledged to do whatever it
could to help.
Mayor Boro directed City Manager Ken Nordhoff to follow up on this issue and report back to the
City Council.
Councilmember Cohen indicated that he and Councilmember Miller were very interested in this
subject and would be willing to work with Mr. Nordhoff, and perhaps meet with Sustainable San
Rafael.
b) West End Project: - File 4-3-452 x 9-3-40
Sandra Sellinger applauded the City Council for indicating at the Study Session this evening that
they would explore the possibly of saving approximately ten trees.
c) Fire Department's Removal of Vegetation: - File 9-3-31
Sandra Sellinger requested that along with the Fire Department's requirement for defensible space,
i.e., to include ten feet for reduction of plant material, there be some type of request that a tree be
put back into the environment. Noting many cities throughout California had tree lists approved by
the city for replacement, Ms. Sellinger stated that while there might not be a requirement, in many
cases, absent a tree ordinance, this would become voluntary. Therefore, should a citizen not plant a
tree on their property, they would have the opportunity, or requirement, to pay into a fund for the city
to replace trees, such as on Fourth Street. Ms. Sellinger stated she wanted to offer this opportunity
as a potential for raising funds and increasing the canopy.
Mayor Boro stated that this would be referred to Fire Chief Montenero.
d) Undeclared War: - File 9-1
Mary Morrison, Rachel Bell, Elizabeth Nylan and John Jenkel requested Council to agendize a
consideration to urge a ceasefire in undeclared war.
SRCC Minutes (Regular) 11/06/2006 Page 2
SRCC Minutes (Regular) 11/06/2006 Page 3
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as
follows:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of
Minutes approved as submitted.
Monday, October 16, 2006 (CC)
3. Resolution Authorizing ZC04-02 Amendment to
RESOLUTION NO. 12139 —
Agreement for Professional Services with RBF
RESOLUTION AUTHORIZING THE
Consulting to Prepare an Environmental Impact
CITY MANAGER TO EXECUTE
Report for the Village at Loch Lomond Marina
AMENDMENT NO. 4 TO AN
Project (CD) — File 4-3-429 x 10-2
AGREEMENT FOR PROFESSIONAL
SERVICES WITH RBF CONSULTING
FOR ASSISTANCE NEEDED TO
PREPARE AN ENVIRONMENTAL
IMPACT REPORT FOR THE VILLAGE
AT LOCH LOMOND MARINA
PROJECT (Term of Agreement: From
March 1, 2004 to May 1, 2007, for an
amount not to exceed $557,582)
4. Resolution Authorizing the City Manager to
Item removed from agenda at the
Execute a Professional Services Contract with
request of staff.
Stuart Blakesley, an Independent Contractor, for
Fire Inspection and Plan Check Services (CD) —
File 9-3-85
6. Resolution Authorizing City Manager to Execute
RESOLUTION NO. 12140 —
an Agreement with Leslie Loomis to Provide
RESOLUTION AUTHORIZING
Human Resources Manager Services (CM) —
EXECUTION OF AN AGREEMENT
File 4-3-461 x 9-3-86
WITH LESLIE LOOMIS TO PROVIDE
HUMAN RESOURCES MANAGER
SERVICES
(Term of agreement from October 25,
2006 and shall end on June 30, 2007)
7. Resolution Approving Reorganization of Finance
Department (CM) — File 9-3-20 x 9-3-87
8. Resolution Approving a Contract (CIMS -6304)
with the Department of Education to be Used for
Preschool Instructional Materials in the Amount
of $1,003.00 and Authorizing the City Manager to
Sign Contract Documents (CS) —
File 4-10-238 x 9-3-65
9. Resolution Approving a Contract with First Five
Marin (Marin Children's and Families
Commission) for Fiscal Year 2006-2007 to
Provide School Readiness Preschool Services at
Pickleweed Children's Center in the Amount of
$73,218.00 and Authorizing the City Manager to
Sign Contract Documents (CS) —
File 4-10-238 x 9-3-65
RESOLUTION NO. 12141 —
RESOLUTION APPROVING
REORGANIZATION OF FINANCE
DEPARTMENT(Including
a) Appointment of Cindy Mosser as
Finance Director/City Treasurer;
b) Eliminating position of Finance
Manager)
RESOLUTION NO. 12142 —
RESOLUTION AUTHORIZING THE
CITY MANAGER TO SIGN
CONTRACT DOCUMENTS (CIMS -
6304) WITH THE CALIFORNIA
DEPARTMENT OF EDUCATION FOR
INSTRUCTIONAL MATERIALS FOR
FISCAL YEAR 2006-07 IN THE
AMOUNT OF $1,003.00
RESOLUTION NO. 12143 —
RESOLUTION AUTHORIZING
ENTERING INTO A ONE-YEAR
CONTRACT FOR FISCAL YEAR 2006-
2007 WITH FIRST FIVE MARIN
(MARIN CHILDREN AND FAMILIES
COMMISSION) FOR PRESCHOOL
SERVICES AT PICKLEWEED
PRESCHOOL AND AUTHORIZING
THE CITY MANAGER TO SIGN
CONTRACT DOCUMENTS IN THE
AMOUNT OF $73,218.00
SRCC Minutes (Regular) 11/06/2006 Page 3
SRCC Minutes (Regular) 11/06/2006 Page 4
10.
Resolution Approving the Contract CSCC-6135,
RESOLUTION NO. 12144 —
CCDF School -Age Resource Program, with the
RESOLUTION AUTHORIZING
California Department of Education which
ENTERING INTO A CONTRACT
Provides Additional Funds of $2,170.00 for
(CSCC-6135) WITH THE
Quality Improvements in the School -Age Child
DEPARTMENT OF EDUCATION FOR
Care Program and Authorizing the City Manager
THE SCHOOL-AGE CHILD CARE
to Sign Said Contract Documents (CS) —
RESOURCE PROGRAM AND
File 4-10-238 x 9-3-65
AUTHORIZING THE CITY MANAGER
TO SIGN CONTRACT DOCUMENTS
IN THE AMOUNT OF $2,170.00
11.
Resolution Authorizing the Transfer of a Portion
RESOLUTION NO. 12145 —
of the Fire Protection Services Budget and
RESOLUTION AUTHORIZING THE
Equipment to the Community Development
TRANSFER OF A PORTION OF THE
Department, the Transfer of Permit Fee
FIRE PROTECTION SERVICES
Collection Authority to the Community
BUDGET AND EQUIPMENT TO THE
Development Department, and the Enforcement
COMMUNITY DEVELOPMENT
by the Chief Building Official of Building
DEPARTMENT, THE TRANSFER OF
Standards Relating to Fire and Panic Safety in
PERMIT FEE COLLECTION
the California Building Standards Code, including
AUTHORITY TO THE COMMUNITY
the California Fire Code, and other Regulations
DEVELOPMENT DEPARTMENT, AND
of the State Fire Marshal and other Local
THE ENFORCEMENT BY THE CHIEF
Regulations, for R-3 Dwellings and other
BUILDING OFFICIAL OF BUILDING
Buildings, in Connection with the Fire
STANDARDS RELATING TO FIRE
Department Phase II Reorganization (FD) —
AND PANIC SAFETY IN THE
File 9-3-31 x 9-3-85
CALIFORNIA BUILDING STANDARDS
CODE, INCLUDING THE CALIFORNIA
FIRE CODE, AND OTHER
REGULATIONS OF THE STATE FIRE
MARSHAL AND OTHER LOCAL
REGULATIONS, FOR R-3
DWELLINGS AND OTHER
BUILDINGS, IN CONNECTION WITH
THE FIRE DEPARTMENT PHASE II
REORGANIZATION
12.
Report on Bid Opening and Resolution Awarding
RESOLUTION NO. 12146 —
the Contract for Sun Valley Park & Santa
RESOLUTION AWARDING THE
Margarita Park ADA Compliance, Project No.
CONTRACT FOR SUN VALLEY PARK
11041, to Ghilotti Bros. Inc. in the Amount of
AND SANTA MARGARITA PARK ADA
$473,269.00 (Bid Opening Held on Tuesday,
COMPLIANCE, PROJECT NO. 11041,
October 24, 2006) (PW) — File 4-1-589 x 9-3-40
TO GHILOTTI BROS., INC. IN THE
AMOUNT OF $473,269.00 (lowest
responsible bidder)
AYES: COUNCILMEMBERS: Cohen,
Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen (from item 2, portion of approval of Minutes
of Regular Meeting of 10/16/06 - New
Business Items 11 and 12 only -
due to absence from that portion of the
meeting)
PUBLIC HEARINGS:
13.
CONTINUATION OF PUBLIC HEARING ON APPEAL OF THE PLANNING COMMISSION'S
ACTION OF JUNE 13, 2006, DENYING AN APPEAL AND UPHOLDING THE ZONING
ADMINISTRATOR'S APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED05-119), FOR AN ADDITION TO A RESIDENCE LOCATED AT 229 WEST END AVENUE;
APPELLANT: JAY BRUSSEAU; OWNER: MANOOCHEHR FONOONI (CD) -
FILE 10-7 x 10-2
Principal Planner Bill Meeker stated that this evening the City Council was being requested to
consider Mr. Brusseau's appeal of the Planning Commission's approval of an Environmental
and Design Review permit to allow the construction of an approximate 1,800 square -foot two-
story addition at 229 West End Avenue.
Mr. Meeker explained that the permit was conditionally approved by the Zoning Administrator
originally on March 15, 2006. Mr. Brusseau appealed this action to the Planning Commission
which conducted public hearings on the issue on May 9 and June 13, 2006. Following the June
SRCC Minutes (Regular) 11/06/2006 Page 4
SRCC Minutes (Regular) 11/06/2006 Page 5
13 public hearing, the Planning Commission denied Mr. Brusseau's appeal and upheld the
Zoning Administrator's approval of the permit with minor changes to the conditions of approval.
Mr. Meeker reported that subsequently, Mr. Brusseau appealed the Planning Commission's
decision to the City Council.
Mr. Meeker explained that the bases for the appeal at every step had been the same: the first
being that the appellant alleged the applicant, Manoochehr Fonooni, did not reside at 229 West
End Avenue, rather ran two businesses from the property in violation of the City's zoning
standards, and secondly, that should the City grant approval of the permit, Mr. Brusseau would
no longer be able to access his garage from a private access easement running across the rear
ten feet of Mr. Fonooni's property.
Indicating that a public hearing on the appeal of the Planning Commission's decision was
initially scheduled for September 18, 2006, Mr. Meeker reported that this hearing was
continued, at the request of the appellant, to this evening. He stated that at that time, Mayor
Boro requested that the applicant, Mr. Fonooni, provide additional proof of residency on the
property in the form of voting records, copy of a homeowner's exemption for the property and a
copy of a valid California Drivers License indicating his residence was 229 West End Avenue.
Mr. Meeker reported that in advance of this evening's hearing, Mr. Fonooni did provide those
documents, copies of which were attached to the staff report.
In light of the evidence submitted by Mr. Fonooni as to his legal residence, Mr. Meeker stated it
was staff's opinion that Mr. Brusseau's first point of appeal had no merit.
With regard to Mr. Brusseau's second appeal point, Mr. Meeker stated that the applicant's
proposed addition to the residence fully complied with all aspects of the City's zoning
regulations. Additionally, had the applicant proposed only a single story addition to the
residence, it would not have required a discretionary permit, rather it could simply have been
approved over the counter through issuance of a typical building permit without notice to any
adjacent property owners, and with its placement being at exactly the same location it simply
would have been a single -story addition.
Mr. Meeker stated it was also notable that it was in fact the appellant's property improvements
that encroach within the access easement on the rear of the Fonooni property that impede his
access to his garage, and Mr. Brusseau was requesting that Mr. Fonooni, through his fully
compliant addition, make modifications that preserve his access to his garage even though it
was the improvements on his (Mr. Brusseau's) property that were interfering with his access to
the garage.
In light of the fact that this was a private property dispute between the two property owners, Mr.
Meeker stated it was staff's opinion that it was not the City's position to become involved in that
dispute, and this aspect of the appeal also had no merit and could not be resolved by the City.
Mr. Meeker stated it was staff's recommendation that the City Council deny Mr. Brusseau's
appeal and uphold the Planning Commission's approval, subject to the findings and conditions
of the draft resolution attached to the staff report.
Mayor Boro declared the public hearing opened.
Scott Lafranchi, representing Jay Brusseau, appellant, stated that the first tenet of the appeal
was immaterial. He believed the applicant had successfully detoured his way around the
Municipal Code to make it appear he resides at 229 West End Avenue, which was fine with Mr.
Brusseau; however, the crux of the issue was that Mr. Brusseau needed to access his garage.
He noted that the other property owners on that street had always used that area of the
driveway.
Directing Council's attention to page 2 of the approved plan attached to the staff report, Mr.
Lafranchi stated that Mr. Brusseau's only request was that the existing edge of the pavement on
the southwest corner of Mr. Fonooni's property remain unchanged. Believing this to be
consistent with the findings of the Planning Division, he noted that paragraph 12 of the
resolution very clearly stated that the integrity of the driveway should be maintained. Mr.
Lafranchi stated that should Mr. Fonooni decide to add something on top of the edge of the
pavement or jackhammer it away, this would most notably alter the integrity of the driveway.
Having spoken with Mr. Fonooni's architect this morning, Mr. Lafranchi stated the architect
indicated there was nothing in these plans to indicate that the existing edge of the pavement
would be violated. Therefore, Mr. Lafranchi requested that simple language be included in the
resolution to state that the existing edge of the pavement would remain as it had been for many
years.
SRCC Minutes (Regular) 11/06/2006 Page 5
SRCC Minutes (Regular) 11/06/2006 Page 6
Mr. Lafranchi stated a secondary issue concerned the fact that a half dozen property owners
resided up that access easement, and should the existing edge of the pavement be violated in
any way, garbage trucks, etc., would not be able to use this access easement.
Indicating the issue was very simple, Mr. Lafranchi stated Mr. Brusseau had narrowed his
appeal to request that the City Council state the edge of the pavement would remain the same.
Sara Godwin, 14 Sentinel Court, stated she was very concerned about the possibility of
narrowing the easement. She indicated that it already was a dangerous intersection, having
personally witnessed three accidents. Requesting that the City Council uphold the appeal she
stated the purpose of the addition had never been made clear. It would triple the size of the
existing building, making it 3,000 square -feet on a 5,000 square -foot lot and she noted from the
Planning Commission minutes that apparently, the property was being set up to potentially be a
duplex or even an illegal triplex. Ms. Godwin stated this would be devastating for parking in the
area.
Indicating her driveway was very wide and also serviced #10 Sentinel Court, Ms. Godwin stated
that with things as they are, i.e., Mr. Fonooni running two businesses from his property, there
were problems with people parking in her driveway on a regular basis. She stated that an
expansion would simply increase the likelihood of there being a problem and as a single-family,
duplex or triplex residence, the problem would be even greater. Ms. Godwin stated the City
Council should be aware of the fact that for practical purposes there was almost no parking on
Sentinel Court as the street currently existed, and quite a bit of the parking for those residing on
Sentinel Court was actually in the alleyway in question. She noted that the story poles were
never put out to the point where Mr. Fonooni was actually planning to build; therefore, the
neighbors never had a very clear sense of how narrow that roadway would become.
Requesting that the City Council uphold the appeal, Ms. Godwin stated it was not applied for in
an honest way and the issues had not been dealt with in an honest way. She stated the
Planning Department had advised Mr. Fonooni on how he could make it look as though he
resided there by moving in a bed and changing the address on his driver's license. She
believed he did not live there and this was not an appropriate permit to approve.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Mayor Boro invited Mr. Meeker to comment on the access
Mr. Meeker explained that there were some elements added onto Mr. Brusseau's property, i.e.,
a small retaining wall and landscape planter that encroached within the access easement, that
were partially to blame for his poor access to his garage. Mr. Meeker stated his interpretation of
Mr. Lafranchi remarks was that as long as the project was built per the plans approved by the
Planning Commission, they no longer had a problem. Staff would have no objection to adding
language to one of the approval conditions, if directed by the City Council, emphasizing that
there would be no change to the existing edge of the pavement as shown on the plans —
Attachment 14 — Page 2. Mr. Meeker confirmed, however, that this was how it would have
been implemented and was not a change to the plans.
Councilmember Phillips stated this appeared to be a very practical solution.
Having looked at the property, Councilmember Heller noted it was a very narrow area and if this
simplified the problem, it was fine with her.
For clarification, Mr. Brown stated he understood Mr. Meeker's suggestion that basically what
had been applied for would not change the existing pavement even though it was outside of the
easement. Council approving this plan as designed was fine; however, the question was
whether it would limit the applicant's use of his property in this area in the future (the area
beyond the easement). Noting the easement was well defined, i.e., ten feet, Mr. Brown stated
that should Mr. Fonooni, with this application, choose not to build up to that easement, that was
fine; however, he believed it would be difficult to limit the use of that portion of the property in
the future. Mr. Brown explained that when this issue was before the Planning Commission, on
being questioned as to whether or not the existing driveway situation, or a modified driveway
pulling it back to the easement, would create a sight distance problem, Mr. Mansourian, City
Traffic Engineer, did not believe it would. Mr. Brown, therefore, was unsure whether there were
any real practical grounds in terms of limiting the use of the area on the private property beyond
the easement.
Mr. Meeker stated it would be important to note that should there be a proposal to add floor
area back in that area outside of the easement, e.g., a single story element, there would be
absolutely no discretionary permit required, rather it would just be through the building permit
process. He indicated this reinforced Mr. Brown's remarks that the City would have no control
over absolutely prohibiting something in that area. Although what was shown on the plans did
SRCC Minutes (Regular) 11/06/2006 Page 6
SRCC Minutes (Regular) 11/06/2006 Page 7
not change the edge of the pavement, Mr. Meeker stated Mr. Brown's comments were also true
in that there was no practical way of absolutely prohibiting that in the future.
Mayor Boro clarified that if the City Council granted the appeal it would be per the plans
attached to this evening's staff report.
Councilmember Cohen stated it appeared that part of the appeal had been withdrawn and the
City Council had been provided with documentation from the property owner, including at least
two documents signed under penalty of perjury certifying that this was his principal residence,
and absent substantial evidence to the contrary, he did not believe there was any basis for
finding otherwise. He commented that if this was a simple solution it was unfortunate it was not
brought up months ago; however, given the evidence he believed the only option was to deny
the appeal and uphold the decision of the Planning Commission.
With regard to the request to clarify that the edge of the driveway would remain the same, Mr.
Meeker read Condition #8 — page 4 -in the draft Resolution:
"The building techniques, materials, elevations and appearance of the project, as presented for
approval on plans dated June 5, 2006, shall be the same as required for issuance of a building
permit. Minor modifications to the project shall be subject to review and approval of the
Planning Division. Modifications deemed not minor by the Community Development
Department Director shall require review and approval by the original decision making body."
and confirmed with the City Council that the language as presented addressed Mr. Brusseau's
request.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 12147 — RESOLUTION DENYING THE APPEAL OF JAY BRUSSEAU
AND UPHOLDING THE PLANNING COMMISSION'S ACTION
UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL
OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED05-119) FOR A TWO-STORY ADDITION TO A SINGLE-
FAMILY RESIDENCE LOCATED AT 229 WEST END
AVENUE (APN 012-031-10)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING CHAPTERS 4.04 AND 4.08 OF THE SAN RAFAEL
MUNICIPAL CODE, AND THE INCORPORATED CALIFORNIA FIRE CODE, TO
AUTHORIZE THE CHIEF BUILDING OFFICIAL TO ENFORCE BUILDING
STANDARDS RELATING TO FIRE AND PANIC SAFETY, AND OTHER
REGULATIONS OF THE STATE FIRE MARSHAL AND OTHER LOCAL
REGULATIONS, FOR R-3 AND OTHER BUILDINGS, IN CONNECTION WITH THE
FIRE DEPARTMENT PHASE II REORGANIZATION (FD) —
FI LE 9-3-85 x 9-3-31 x 1-6-1 x 1-6-4
Mayor Boro declared the public hearing opened.
City Manager Ken Nordhoff stated that Fire Chief Montenero had hoped to be in attendance to
help present this item this evening; however, having gone home ill, in his absence his co-author
Bob Brown would present the item.
Mr. Brown stated he had additional expertise from Deputy City Attorney Eric Davis, who wrote
the ordinance, and Thomas Ahrens, Chief Building Official, both of whom were present.
Mr. Brown reported that the ordinance made revisions to local amendments to the California
Fire Code. They would transfer responsibility for fire permitting and associated enforcement
from the Fire Marshal to the Chief Building Official, and this had been described as part of the
second phase of the Fire Department Reorganization.
In practice, however, Mr. Brown issued an assurance that the Chief Building Official would work
very closely with the Fire Chief on any administrative interpretations, and in fact, that process
had already begun.
Mr. Brown noted that Mr. Davis had discovered a few other code amendments beyond the Fire
Code that referenced the Fire Marshal and these would be presented to the City Council as
additional clean-up items in the near future.
SRCC Minutes (Regular) 11/06/2006 Page 7
SRCC Minutes (Regular) 11/06/2006 Page 8
There being no comment from the audience, Mayor Boro closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTERS 4.04 AND 4.08 OF THE SAN RAFAEL MUNICIPAL CODE, AND THE
INCORPORATED CALIFORNIA FIRE CODE, TO AUTHORIZE THE CHIEF BUILDING
OFFICIAL TO ENFORCE BUILDING STANDARDS RELATING TO FIRE AND PANIC
SAFETY, AND OTHER REGULATIONS OF THE STATE FIRE MARSHAL AND OTHER
LOCAL REGULATIONS, FOR R-3 AND OTHER BUILDINGS, IN CONNECTION WITH THE
FIRE DEPARTMENT PHASE II REORGANIZATION"
Councilmember Miller 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. 1843 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCIL CONSIDERATION:
NEW BUSINESS:
15. CONSIDERATION OF PROPOSED DOWNTOWN HOLIDAY PARKING PROGRAM FOR
2006: (MS) — FILE 11-18 x 9-3-87
a) RESOLUTION AUTHORIZING PARKING VALIDATIONS REDEEMABLE FOR THREE
HOURS FREE PARKING IN CITY GARAGES AT THIRD AND C STREETS AND THIRD
AND A STREETS; AND
b) RESOLUTION AUTHORIZING THREE -HOURS FREE PARKING IN CITY PARKING
FACILITIES LOCATED AT 1550 FOURTH STREET AND AT LINCOLN AVENUE AND
FIFTH AVENUE
Mark Miller, Parking Services Manager, stated that the Holiday Parking Program for 2006 was
somewhat different from 2005 in that it was based on issuance of validations. Staff proposed to
distribute free validations to merchants in the central downtown to pass on to their customers.
Merchants were encouraged to do so when customers made a purchase; however, they were
not precluded from giving them to people who were simply browsing. Mr. Miller stated they
were not intended to replace monthly permits for permit holders or for employees of downtown
establishments, rather for customers. To that extent the program was a little more focused than
programs in the past where the City had forgone parking revenue; however, it was not
necessarily directed specifically at shoppers, and it provided somewhat better demographics
and monitoring.
In addition, Mr. Miller stated validations would be issued which would be redeemable in City
garages in the central downtown and one surface parking lot on the east side and one on the
west side would be designated as free parking for up to three hours to support those
businesses too distant from the parking garages to benefit from the validation program.
Mr. Miller reported having met with the Business Improvement District (BID) and noted a
communication from the Chair to that effect had been provided to the City Council this evening.
Staff had also met with the San Rafael Chamber of Commerce with regard to this approach to
holiday parking.
Councilmember Heller inquired whether any merchant could request validations or whether they
needed to be members of the Business Improvement District, etc.
Mr. Miller stated the only qualification was that the merchant had a permanent business location
somewhere in the broader downtown area. They did not need to be within or be a member of
the Business Improvement District.
Responding to Councilmember Heller's inquiry concerning the West End, Mr. Miller stated the
West End would not benefit because customers could not park and go to those locations which
was the reason for free parking in the West End lot.
Mayor Boro quoted from the e-mail received from Joanne Webster, Director, Business
Improvement District: "Metered streets and parking lots will offer two-hour maximum time
parking at normal parking rates for customers needing the convenience of the short trip and
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quick stop" and he confirmed she was referring to parking lots in the main downtown that were
not the two garages, and this would continue.
Recalling some confusion last year, Mayor Boro stated it was very important to ensure the City
got the word out. Commenting that Councilmember Heller asked a great question, he stated
that for example, a doctor, lawyer, etc., in the downtown would receive notification from the BID,
whether a member of not , about the program and making tickets available should they choose
to use the program. He confirmed these validations were available to anyone in the core
downtown area.
Mayor Boro inquired whether it was three or four hours last year.
Mr. Miller confirmed it was four hours last year.
Mayor Boro inquired whether there was a reason to change it to three hours
Indicating four hours was quite a long time, Mr. Miller stated the thought was that three hours
would allow time to stay for lunch, visit a number of stores and still benefit from the program.
He stated it was also another opportunity to try to make it a little less convenient for people
working downtown to simply move their vehicles and benefit from the program. Mr. Miller stated
it was meant to balance the benefit versus the controls of the program.
Mayor Boro inquired as to what would happen should someone stay for four hours
Mr. Miller confirmed they would pay for one hour — 50 cents.
With regard to the three hours, Mayor Boro stated that last year the City was accused of
eliminating free parking, which was not the case, rather there was confusion about the
locations. While he believed there was a pretty good chance of explaining what the program
was and where parking would be, he noted it was being cut back an hour.
Mr. Nordhoff stated that the value of the program, approximately $30,000, was based on that
three-hour limit; therefore, every additional hour given away was ultimately at a cost to the
parking budget. He indicated this was more of a financial investment than contemplated a year
ago when considering moving into this type of program. Since staff had met with the Chamber
of Commerce and Business Improvement District and they were supportive of the program, Mr.
Nordhoff suggested they must have some sense that three hours was supportable by the
merchants in downtown and four hours, if it had been discussed, was not a contentious issue
for them.
Councilmember Phillips stated he put some faith in the Chamber of Commerce and BID that
they had reviewed the program to their satisfaction; therefore, he was satisfied.
a) Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the
Resolution.
RESOLUTION NO. 12148 — RESOLUTION AUTHORIZING PARKING VALIDATIONS
REDEEMABLE FOR THREE HOURS FREE PARKING IN
CITY GARAGES AT THIRD & C STREETS AND THIRD
AND A STREETS BETWEEN THE DATES OF
NOVEMBER 22, 2006 AND DECEMBER 31, 2006
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b) Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the
Resolution.
RESOLUTION NO. 12149 — RESOLUTION AUTHORIZING THREE HOURS FREE
PARKING IN CITY PARKING FACILITIES LOCATED AT
1550 FOURTH STREET AND AT LINCOLN AVENUE
AND FIFTH AVENUE BETWEEN THE DATES OF
NOVEMBER 22, 2006 AND DECEMBER 31, 2006
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Boro stated that on speaking with Jennifer Upshaw, reporter with the Marin Independent
Journal, today, she indicated she would be writing a story on this program for Monday next. He
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invited Lydia Romero, Assistant to the City Manager, to assure Ms. Upshaw that the City was
sustaining, continuing and enhancing free parking.
COUNCILMEMBER REPORTS:
16. November 7, 2006 - Election Day: - File 9-4
Councilmember Cohen issued a reminder that tomorrow, Tuesday, November 7, 2006 was
election day and stated: "as they say in Chicago, Vote Early, Vote Often."
There being no further business, Mayor Boro adjourned the City Council meeting at 9:07 p.m. and
returned to Closed Session.
CLOSED SESSION — CONFERENCE ROOM 201 — 9:08 PM
1. c) Conference with Labor Negotiators — Government Code Section 54957.6
Negotiators: Ken Nordhoff, Nancy Mackle, Lydia Romero,
Donna Williamson, Richard Whitmore
Employee Organization (s): San Rafael Fire Chief Officers' Association
San Rafael Police Association
San Rafael Police Mid -Management Association
Association of Confidential Employees
Western Council of Engineers
SEIU Miscellaneous & Supervisory
Childcare Unit
Mayor Boro announced at 10:15 p.m. that no reportable action was taken on 1.c).
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 2006
MAYOR OF THE CITY OF SAN RAFAEL
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