HomeMy WebLinkAboutCC Minutes 2007-02-20SRCC Minutes (Regular) 02/20/2007 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY, FEBRUARY 20. 2007 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Vice -Mayor
Cyr N. Miller, Councilmember
Absent: Barbara Heller, Councilmember
Gary O. Phillips, Councilmember
Also Present: Ken Nordhoff, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a
Conference with Labor Negotiators — Government Code Section 54957.6
Negotiators: Ken Nordhoff, Jim Schutz, Nancy Mackle, Lydia Romero,
Donna Williamson, Richard Whitmore
Employee Organization(s): San Rafael Fire Chief Officers' Association
San Rafael Police Mid -Managers Association
Western Council of Engineers
Unrepresented Management, including Elected City Clerk
and Elected Part-time City Attorney
Unrepresented Mid -Managers
City Attorney Gary Ragghianti announced that no reportable action was taken.
2. INTRODUCTION OF NEW EMPLOYEES: - FILE 7-4
8:22 PM
The following new employees were introduced to the City Council by:
Fire Chief John Montenero and Administrative Support Chief, Keith Schoenthal, Fire Department,
and Mark Miller, Parking Services Manager, Management Services Department.
Fire Department:
Ian Madfes, Administrative Analyst
Manaqement Services — Parkinq Services
Jim Swan, Parking Equipment Technician
Fred Jandura, Parking Equipment Technician
Unable to attend:
Shailvina Sharma, Accounting Assistant II
Monica Johnson, Administrative Assistant III
Gary Wong, Parking Attendant
Jenny Moore, Parking Attendant
Sukhjinder Banwait, Parking Equipment Technician
Mayor Boro welcomed the attendees, presenting them with San Rafael pins, and he provided pins to
Mr. Miller for those new employees unable to attend.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
ITEM
3. Approval of Minutes of Regular Meeting of
Monday, February 5, 2007 (CC)
RECOMMENDED ACTION
Minutes approved as submitted.
SRCC Minutes (Regular) 02/20/2007 Page 1
SRCC Minutes (Regular) 02/20/2007 Page 2
4.
Call for Applications to Fill One Unexpired Four-
Approved staff recommendation:
Year Term on the Design Review Board Through
a) Called for applications to fill one
the End of June 2010, Due to the Resignation of
unexpired four-year term on the
Anne Laird -Blanton (CC) — File 9-2-39
Design Review Board, term to
expire the end of June, 2010;
b) Set deadline for receipt of
applications for Tuesday, March
13, 2007 at 12:00 Noon in the City
Clerk's Office, City Hall, Room
209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, March 19, 2007,
commencing at 6:00 p.m.
5.
Call for Applications to Fill One Four -Year Term
Approved staff recommendation:
on the Fire Commission Through the End of
a) Called for applications for
March 2011, Due to the Expiration of Term of
appointment to fill one four-year
Kathleen Devlin (CC) - File 9-2-5
term on the Fire Commission, to
the end of March, 2011;
b) Set deadline for receipt of
applications for Tuesday, March
13, 2007 at 12:00 Noon in the City
Clerk's Office, City Hall, Room
209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, March 19, 2007,
commencing at 6:30 p.m.
6.
Monthly Investment Report for Month Ending
Accepted Monthly Investment Report
January, 2007 (FN) — File 8-18 x 8-9
for month ending January, 2007, as
presented.
8.
Resolution Pertaining to the Compensation and
RESOLUTION NO. 12196 —
Working Conditions for Unrepresented Mid-
RESOLUTION REPEALING
Management Employees (July 1, 2006 - June 30,
RESOLUTION NO. 11227 AND
2009) (MS) —File 7-3
ADOPTING A NEW RESOLUTION
ESTABLISHING THE
COMPENSATION AND WORKING
CONDITIONS FOR UNREPRESENTED
MID -MANAGEMENT EMPLOYEES
("MID -MANAGERS")
(effective July 1, 2006 through June
30, 2009)
9.
Resolution Waiving Competitive Bidding and
RESOLUTION NO. 12197 —
Authorizing Entering Into a Sole Source
RESOLUTION APPROVING THE
Agreement for the Purchase of Two (2) Parking
PURCHASE OF TWO PARKING
Enforcement Vehicles from Municipal
ENFORCEMENT VEHICLES
Maintenance Equipment Company in the Amount
THROUGH A SOLE SOURCE
of $56,440.00 (MS) — File 4-2-343 x 9-3-87
AGREEMENT FROM MUNICIPAL
MAINTENANCE EQUIPMENT
COMPANY IN THE AMOUNT OF
$56,440.00
10.
Resolution Authorizing the Mayor to Execute an
RESOLUTION NO. 12198 —
Agreement Between the City of San Rafael and
RESOLUTION AUTHORIZING THE
Lands of Kent at 260 Margarita Drive, APN 016-
MAYOR TO EXECUTE AN
012-61 and a Portion of the Lands of Pelz at 5
AGREEMENT BETWEEN THE CITY
Morgan Lane APN 016-012-63, Regarding
AND THE LANDS OF KENT — 260
Future Proceedings for Annexation of Real
MARGARITA DRIVE, APN 016-012-61
Property to the City of San Rafael (PW) —
AND A PORTION OF THE LANDS OF
File 5-2-112
PELZ — 5 MORGAN LANE, APN 016-
012-63, REGARDING FUTURE
PROCEEDINGS FOR ANNEXATION
OF REAL PROPERTY TO THE CITY
OF SAN RAFAEL
SRCC Minutes (Regular) 02/20/2007 Page 2
11. Resolution Authorizing the Temporary Closure of
City Streets for the Weekly Downtown Farmers'
Market Festival on Thursday Evenings from April
5, 2007 - September 27, 2007 (RA) —
File 11-19
SRCC Minutes (Regular) 02/20/2007 Page 3
RESOLUTION NO. 12199 —
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY
STREETS FOR THE WEEKLY
DOWNTOWN FARMERS' MARKET
FESTIVAL ON THURSDAY EVENINGS
FROM APRIL 5 — SEPTEMBER 27,
2007
AYES: COUNCILMEMBERS: Cohen, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller and Phillips
The following item was removed from the Consent Calendar for discussion, at the request of Mayor Boro:
7. FY 2005-2006 ANNUAL FINANCIAL AUDIT REPORT, THE GANN APPROPRIATION LIMIT
REPORT, THE SINGLE AUDIT REPORT AND THE MANAGEMENT LETTER/REPORT (FIND
— FILE 8-9 x 8-1 x 9-3-21
Mayor Boro stated there appeared to be more information in the staff report than was included
in the Audit Report and he inquired whether for clarification the Audit report could be updated.
Finance Director Cindy Mosser stated that the fraud policies on page 3 were from prior years
and designated as "In Progress." Noting five outstanding Management Comments from prior
years, and two new comments, she indicated that none of the prior year's findings were totally
complete. With regard to the new fraud incidents, internal controls were immediately
addressed.
Expressing concern on this item, Mayor Boro quoted the City Response: "The City concurs that
there is a need for policies and procedures. However, this is something that the City will work
on as time permits." He indicated that the staff report stated that some of these things were
already in place and were being completed. He commented that the status in the Audit Report
was not as current as staff's and believed it would be helpful to take the findings on pages 3
through 6 and return to the City Council meeting of March 5, 2007 with an update to be read
into the minutes reflecting the current status.
Clarifying, City Manager Ken Nordhoff stated that pages 3 through 6 contained actual findings
from the previous audit year even though listed as 2006. He explained this was a restatement
of the Management Comments that occurred in the previous year's audit. Their progress was
reflected on page 2 with the new incidents listed on page 1. While it might not be possible to
request the auditors to restate what was listed on pages 3 through 6, Mr. Nordhoff stated it
could be possible to embellish some of the comments in the staff report and have these
inserted into the current year responses where appropriate.
While he was aware of the new comments on page 1, Mayor Boro noted others hung over from
last year, and he believed more updated information was available for these items. Expressing
comfort with the staff report, Mayor Boro indicated he would like the work being done to be
reflected in the record.
Ms. Mosser stated she could request the auditors to include an updated status
Mayor Boro stated he would approve the item this evening in anticipation of an updated status
report.
Mr. Nordhoff stated the report would update the items on pages 3 through 6 where appropriate
Councilmember Miller moved and Councilmember Cohen seconded, to accept the reports and
letters, as presented, subject to a status update on previous year's findings in the Management
Letter comments.
AYES: COUNCILMEMBERS: Cohen, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller and Phillips
SRCC Minutes (Regular) 02/20/2007 Page 3
SRCC Minutes (Regular) 02/20/2007 Page 4
PUBLIC HEARING:
12. Public Hearinq re: 540 FRANCISCO BLVD. WEST (RAB MOTORS):
REQUEST FOR A ZONE CHANGE, ENVIRONMENTAL AND DESIGN REVIEW PERMIT,
AND USE PERMIT AMENDMENT IN ORDER TO: 1) CHANGE THE ZONING
DESIGNATION OF 540 FRANCISCO BLVD. WEST FROM PLANNED DEVELOPMENT (PD
1497) TO FRANCISCO BLVD. WEST COMMERCIAL (FBWC); 2) RECONFIGURE THE LOT
TO ADJUST FOR THE AREA REMOVED BY THE HIGHWAY 101 WIDENING PROJECT:
AND 3) ESTABLISH A USE PERMIT ALLOWING AN AUTO DEALERSHIP, APNS: 013-
051-33 AND A PORTION OF 24, 013-041-53, 56, AND A PORTION OF 50, ROLAND AND
BEVERLY BACCI FAMILY TRUST AND SONOMA-MARIN AREA RAIL TRANSIT DISTRICT,
OWNER, ANNE MOORE CONSULTING, APPLICANT, FILE NOS.: ZC06-007, ED06-099,
AND UP06-048 (CD) — FILE 10-3 x 10-5 x 10-7
Economic Development Coordinator Katie Korzun reported that the relocation of Francisco
Boulevard West took the frontage of RAB Motors at 540 Francisco Boulevard West. She
indicated that this evening's applications were to memorialize the changes to be made, together
with some basic cleanup items.
Ms. Korzun stated that the Use Permit and change of zone were to bring the entire property into
one zoning. She explained that over time as the dealership expanded, the new portions that
were added on had the new zoning of Francisco Boulevard West, which was designed for this
area and added to the old PD (Planned Development). As the project came forward, staff
requested the applicant to file a change of zone to make it consistent across the entire property.
She indicated that the General Plan designation on the site was Francisco Boulevard West;
therefore, the conforming zoning was Francisco Boulevard West, not PD.
In order to follow through on the zoning, Ms. Korzun stated that Francisco Boulevard West
requires a Use Permit for each use, and in that use permit, a finding has to be made that the
use proposed meets the City's criteria for a high tax generating large development, and one that
utilizes the freeway frontage, which this project does.
Ms. Korzun stated that the primary issue before Council was what would happen to the area
remaining between the dealership and the new Francisco Boulevard West.
Indicating that the application was reviewed by the Design Review Board, Ms. Korzun reported
that at that time, the area remaining between the building and the street showed a drive isle and
landscape area with no trees. The Design Review Board approved the application with the
addition of six trees; it went on to the Planning Commission and the applicant in response to the
condition requesting six trees, presented the Planning Commission with two alternatives: one
showing a configuration that had trees off to either end of the property and one having them
wrapped around the southerly property line. Ms. Korzun reported that the Planning
Commission unanimously selected the option of four trees along the southerly property line, and
in a side motion to the applicant, recommended a more robust landscape plan be presented to
the City Council. She indicated that in response to that, the applicant took a look at the site
plan and determined that the previous plans had not shown a large shrub that was located
adjacent to building II. They decided to add a tree next to the shrub and vines along the
southerly side of building II, and this was the proposal before Council this evening, i.e., that
recommended by the Planning Commission with a few additional materials.
Ms. Korzun stated Council's options were to approve the proposed project as recommended by
the Planning Commission, refer it back to the Planning Commission directing that changes be
made, or deny the project.
Mayor Boro declared the public hearing opened.
Robin Bacci stated she was part-owner of RAB Motors with her parents, Roland and Beverly
Bacci, who were in attendance this evening.
Ms. Bacci stated they were proud to be at the final stage of approval to begin rebuilding their
business. She thanked Nancy Mackle and Katie Korzun for their patience, insight and
recommendations and their assistance in getting to this point. She also expressed her
appreciation to the Design Review Board and Planning Commission for their good work and
contributions to the project being presented to the City Council this evening.
Confident that they had listened to, considered and incorporated the concerns, needs and
recommendations of the City of San Rafael, Ms. Bacci noted the following highlights:
• The City Traffic Engineer, Design Review Board and Planning Commission all
understood and unanimously endorsed the circulation and parking improvements so
SRCC Minutes (Regular) 02/20/2007 Page 4
SRCC Minutes (Regular) 02/20/2007 Page 5
new vehicle sales and service business could operate efficiently and safely, keeping
traffic off of the now narrower Francisco Boulevard West as much as possible.
• The Planning Commission understood the original RAB Motors architectural and
landscape design expertly done by EHDD, which had become a hallmark property for
San Rafael and Marin County, and a standard for all Mercedes Benz and other luxury
dealerships since RAB opened in the mid 1980s.
Ms. Bacci stated they were honored to have original architect, Peter Dodge, working on the
project to ensure the design intent continued to be respected and brought forward to current
times.
Consistent with the Planning Commission's unanimous approval of the preferred plans, Ms.
Bacci reported that they were adding six new street trees to the front on the building in a way
that framed the award-winning structure. She indicated that the new landscaping
complemented the many existing and well-maintained trees in the setback areas and preserved
site lines to the relocated, free-standing RAB Motors signs, so important for way finding.
Ms. Bacci indicated they were also pleased to have developed plans to implement the Planning
Commission's excellent suggestion, but not requirement, that landscaping be added to screen
an older metal structure behind the current building. She stated that their future pre -owned
center plan next door to the south would further screen the rear of the building when completed.
In addition to getting RAB Motors whole again, Ms. Bacci stated they were working on the
design for a new pre -owned center at 550 Francisco Blvd. West, just south of the current
building. She indicated they were planning an interim pre -owned sales center at the corner of
Francisco Blvd. West and Rice Drive and were working very hard at pursuing a new franchise
for permanent use at the same corner of Francisco Blvd. West and Rice Drive. Indicating they
had done the very best for RAB Motors and the City of San Rafael, Ms. Bacci stated that it had
been the style of her father, Roland Bacci, for over fifty years owning and operating the
business in San Rafael. She then introduced architect, Peter Dodge.
Peter Dodqe, architect, stated that the original concept of the building was that it addressed the
freeway and was not only a building symbolic of the product being sold, "painted bent metal,"
but also it was designed as a proscenium arch as though the showroom were a theater and the
performance the fine cars inside. He indicated that its entire concept was its address to the
street; therefore, this latest landscape plan attempted to preserve this by putting the trees to the
side rather than in front. He noted one of the Planning Commissioners was especially critical of
the metal building that could be seen from Francisco Blvd. West and the freeway, and he
(Planning Commissioner) believed something should be done about it. Mr. Dodge indicated
that RAB Motors' plan was to plant a vine so that its metallic surface would be disguised.
Referring to a plan displayed in the Council Chambers, Mr. Dodge identified four trees that were
added to the front. He noted quite a bit of existing landscaping that had been there from the
beginning was now well established.
Mayor Boro commented he had noticed that in the mornings as people were queuing for service
they did so on the internal road, due to the narrowness of Francisco Boulevard West.
Mr. Dodge stated that the previous queuing space was gone.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Councilmember Cohen commented that the building remained beautiful and he appreciated all
the hard work done by all to get the project to this point, making it easy for the City Council.
a) The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-007) TO RECLASSIFY
CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD -1497) DISTRICT
TO FRANCISCO BOULEVARD WEST COMMERCIAL (FBWC) DISTRICT AT 540
FRANCISCO BLVD. WEST (APN 013-051-33)"
Councilmember Cohen 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. 1848 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller and Phillips
SRCC Minutes (Regular) 02/20/2007 Page 5
SRCC Minutes (Regular) 02/20/2007 Page 6
b) Councilmember Cohen moved and Councilmember Miller seconded, to adopt the
Resolution.
RESOLUTION NO. 12200 - RESOLUTION APPROVING A USE PERMIT AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO
OPERATE AN AUTO DEALERSHIP AND RECONFIGURE
THE DEALERSHIP LOT LOCATED AT 540 FRANCISCO
BLVD. WEST (APNS: 013-051-33 & portion of 24, 013-
041-53, 56 and a portion of 50)
AYES: COUNCILMEMBERS: Cohen, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller and Phillips
Expressing thanks to the Bacci family for all they do in San Rafael, Mayor Boro indicated he
looked forward to seeing the new additions.
CITY MANAGER'S REPORT:
13. None.
COUNCILMEMBER REPORTS:
14. a) Global Warminq: - File 271 x 13-1 x 9-1 (verbal)
Councilmember Cohen announced that a meeting was scheduled for Thursday, February
22, 2007 at Marin County concerning Community Choice Aggregation evaluating the issue
of power purchasing. He reported having had a meeting with Sustainable San Rafael and
conversations concerning Global Warming and San Rafael's contribution to the issue of
Greenhouse Gases. He indicated he would be seeking a meeting with City Manager
Nordhoff and Councilmember Miller to pursue these issues for subsequent discussion with
the City Council.
b) Bov Scouts of America: - File 9-1 (verbal)
Councilmember Miller reported that on Saturday, February 17, 2007, he and Chief of Police
Matt Odetto joined 2,000 others at Pickleweed Park in celebrating diversity with Boy Scouts
of America. As well as foods, artifacts and native dress from countries such as Croatia, he
indicated the event featured dancing and demonstrated how great it was to have youth
gathered together in an attempt to improve the world.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:45 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 2007
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 02/20/2007 Page 6