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HomeMy WebLinkAboutCC Minutes 1994-11-21SRCC MINUTES (Regular) 11/21/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 21, 1994, AT 7:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Suzanne Golt, Assistant City Manager Gary Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - CITY COUNCIL Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: 1. CLOSED SESSION - CONFERENCE ROOM 201 a. Initiation of litigation pursuant to Government Code §54956.9(c): One (1) case b. Conference with Labor Negotiators (Government Code §54957.6) Negotiators: Suzanne Golt/Daryl Chandler Employee Organizations: San Rafael Firefighters' Association MAPE - Child Care Unit IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 21, 1994, AT 8:00 PM OPEN SESSION RE: CLOSED SESSION ITEMS 1a. City Attorney Ragghianti reported that no reportable action was taken. 1b.City Attorney Ragghianti reported that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: POLICE RADIOS - File 4-1-467 x 9-3-30 Officer Dan Hanlon, President, San Rafael Police Association, reported there are ongoing problems with the police radio system, noting the system is now, and has been plagued with problems for 4+ years. He stated Chief Krolak has been meeting with representatives from the manufacturer, installer, and current maintenance company. Officer Hanlon indicated that Chief Krolak is organizing a Radio Committee to meet with Commander Pennington, who is assigned in-house to try to identify problems with the system and work towards resolu- tion. Officer Hanlon asked for Council participation on that Committee. He noted there has been some concern raised that direct participation by the Council could be perceived as stepping on toes of department staff and City mid -management, but noted that is not the point. The only reason to ask for Council participation is so we can all come to the same table and hear everything at the same time with nothing getting lost in interpretation by hearing it second-hand. Mayor Boro stated Council will take this under advisement and report back to the Associa- tion at the next meeting, 12/5/94. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of November 7, 1994 (CC) 3. Resolution with Findings Granting Appeal of Page 1 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 9251 - A RESOLU- Access Requirements - 1321 Fourth Street, TION SRCC MINUTES (Regular) 11/21/94 Page 2 Warren Robinson, Appellant (PW) - File 13-1-1 x 1-6-1 5. Report on Bid Opening for Purchase of 5 Vehicles (Fin) - File 4-2-284 SRCC MINUTES (Regular) 11/21/94 OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (IN ITS CAPA- CITY AS THE BOARD OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS, 1321 FOURTH STREET, SAN RAFAEL. RESOLUTION NO. 9252 - AUTHORIZ- ING THE PURCHASE OF FOUR NEW VEHICLES FROM JOE SIO CHEVROLET (two compact sedans in amount of $27,066.58, one utility vehicle in amount of $20,753.09 and one van in amount of $18,322.76) RESOLUTION NO. 9253 - AUTHORIZ- ING THE PURCHASE OF ONE NEW VEHICLE FROM FOLSOM LAKE FORD (one mid-sized sedan in amount of $15,246.66) 6. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1669 - ADOPTING AN AMENDMENT TO THE CENTRAL Ordinance 1669. SAN RAFAEL REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6, AND AMENDING A RELATED ORDINANCE IN CONNECTION THEREWITH (RA) - File 140 x (SRRA) R-140 XIII 7. Annual Parking Meter Holiday from Wednesday, Approved staff recommendation. November 23, 1994 through Monday, December 26, 1994 (RA) - File 11-18 8. Approval of Street Closure for 15th Annual Parade Approved staff recommendation. of Lights on Friday, November 25, 1994, and the 5th Annual Winter Wonderland Event on November 25 & 26, 1994 (RA) - File 11-19 9. Monthly Investment Report (Fin) - File 8-18 x 8-9 Accepted report. 11. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1670 - AMENDING CHAPTER 10.60 OF THE SAN Ordinance No. 1670. RAFAEL MUNICIPAL CODE, VEHICLES FOR HIRE, TO REVISE SECTION 10.60.050, REGARDING THE REVOCA- TION OF LICENSES, AND TO REVISE SECTION 10.60.080 REGARDING INSURANCE REQUIREMENTS (Fin) - File 9-9 12. Resolution of Appreciation for Supervisor Bob Roumiguiere (CM) - File 102 13. Resolution of Appreciation for Rear Admiral Thomas Patterson, Captain, Jeremiah O'Brien (CM) - File 102 14. Resolution of Appreciation to The Rotary Club of Mission San Rafael for Planting of Trees in Page 2 RESOLUTION NO. 9254 - RESOLUTION OF APPRECIATION TO BOB ROUMIGUIERE, RETIRING FROM THE OFFICE OF COUNTY SUPERVISOR AFTER 22 YEARS OF DEDICATION AND HARD WORK. COUNCIL THANKS HIM FOR HIS EXEMPLARY SERVICE AND SINCERE COMMITMENT WHICH HAS DIRECTLY BENEFITTED SAN RAFAEL RESIDENTS AND WISHES HIM SUCCESS IN ALL FUTURE ENDEAVORS. RESOLUTION NO. 9255 - RESOLUTION OF APPRECIATION TO REAR ADMIRAL THOMAS J. PATTERSON, USMS (RET) ACKNOWLEDGING THE IMPORTANCE OF HIS EFFORTS IN THE SUCCESSFUL VOYAGE OF THE S.S. JEREMIAH O'BRIEN, COMMEMORATING THE 50TH ANNIVERSARY OF D-DAY AT OMAHA AND UTAH BEACHES, NORMANDY, FRANCE, AND EXPRESSING DEEP PRIDE THAT HE IS A RESIDENT OF OUR COMMUNITY. RESOLUTION NO. 9256 - RESOLUTION OF APPRECIATION TO THE ROTARY SRCC MINUTES (Regular) 11/21/94 Page 3 Downtown San Rafael (Pl) - File 102 x 9-3-49 15. Resolution Declaring LYNCO Financial and Insurance Services as the City's Broker of Record for Group Life, Disability and Dental Insurance Programs (Pers) - File 4-3-285 x 7-1-21 x 7-1-28 x 7-1-29 x 7-1-33 AYES: COUNCILMEMBERS: Cohen, Heller, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 11/21/94 CLUB OF MISSION SAN RAFAEL FOR THE PURCHASE AND INSTALLATION OF FIVE STREET TREES ON 'B' STREET TO PROMOTE OUR VISION OF DOWNTOWN SAN RAFAEL. RESOLUTION NO. 9257 - DECLARING LYNCO FINANCIAL & INSURANCE SERVICES AS THE CITY'S INSURANCE BROKER OF RECORD (EFFECTIVE 1/1/95 THROUGH 12/31/97). Thayer, Zappetini & Mayor Boro The following items were removed from the Consent Calendar for discussion: 4.APPROVAL OF PROJECT ADVISORY TEAM FOR FREITAS INTERCHANGE ALTERNATIVES STUDY (PW) - File 9-2-50 x 11-16 x 11-15 x 171 Mayor Boro stated the Council has not had an opportunity to discuss the appointment of a Councilmember to the Project Advisory Team. A decision will be made at the next meeting, 12/5/94. Councilmember Cohen moved and Councilmember Zappetini seconded, to approve staff recommendation. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10.RESOLUTION AMENDING THE ICMA DEFERRED COMPENSATION PLAN (Fin) - File 7-4-5 Councilmember Heller asked for background regarding Great Western Bank and how much we would save yearly by going to this new contract. Finance Director Coleman stated that both ICMA and Great Western Bank currently administer our deferred compensation program, each having different options available to the employees. Mr. Coleman pointed out that all the savings will go to the employees, none to the City, noting the employees are currently charged the $18 annual administration fee. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution authorizing the signing of an amendment to the Administrative Services Agreement with ICMA Retirement Corporation as deferred compensation administrator for 5 years. RESOLUTION NO. 9258 - AUTHORIZING THE SIGNING OF AN AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT WITH ICMA RETIREMENT CORPORATION AS DEFERRED COMPENSATION ADMINISTRATOR FOR 5 YEARS. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS 16.PRESENTATION OF RESOLUTION OF APPRECIATION TO REAR ADMIRAL THOMAS PATTERSON, CAPTAIN, JEREMIAH O'BRIEN (CM) - File 102 Mayor Boro presented Resolution of Appreciation to Rear Admiral (Ret) Thomas Patterson, a San Rafael resident and Chairman of the Normandy '94 Committee of the S.S. Jeremiah O'Brien, who was instrumental in the successful voyage commemorating the 50th anniversary of D -Day at Omaha and Utah Beaches, Normandy, France. Admiral Patterson stated it was a great honor to accept the Resolution of Apprecia-tion on behalf of the entire crew and staff of the S.S. Jeremiah O'Brien. He introduced Captain Carl Otterburg and Mrs. Nel Otterburg, as well as Mrs. Patterson, who were on the ship. He also acknowledged Al Martino of San Rafael who was the cook and baker. Admiral Patterson stated they received tremendous support from everyone in the Bay Area, but especially from San Rafael. RE: LONATE POZZOLO, ITALY, SISTER CITY - File 128 x 108 Mayor Boro introduced Gabriella Ponti, visiting from our Sister City, Lonate Pozzolo. Ms. Ponti is here for a 3 -week study period sponsored by the City Council and Chamber of SRCC MINUTES (Regular) 11/21/94 Page 3 SRCC MINUTES (Regular) 11/21/94 Page 4 Commerce to trace the heritage of the people who have come to San Rafael from Lonate Pozzolo. 17.PRESENTATION OF RESOLUTION OF APPRECIATION TO THE ROTARY CLUB OF MISSION SAN RAFAEL FOR PLANTING OF TREES IN DOWNTOWN SAN RAFAEL (Pl) - File 102 x 9-3-49 Recipient was unable to attend the Council Meeting. PUBLIC HEARING 18.PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE TO AMEND TITLE 9. HEALTH AND SANITA- TION, OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 9.30, ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM (PW) - File 12-9 x 4-4-6 Mayor Boro declared the Public Hearing opened. Public Works Director Bernardi reported that the Ordinance being considered this evening would regulate the storm water management and discharge of run-off into the storm drain system for San Rafael. He indicated that previously, the Council adopted the Marin County Baseline Urban Run-off Control Plan as part of an overall County -wide program that has been in place for about a year and a half, noting reports have been sent to the Regional Board letting them know what we have done. Mr. Bernardi stated that part of the process of cleaning up the storm water is for every city within the County to adopt some form of this Ordinance. He stated this Ordinance was originally a model that was put together by the Regional Board staff, as well as by members of the Bay Area Storm Management Agency, which is comprised of all the Counties in the Bay Area. The Ordinance has been modified in Marin County to suit our needs. He pointed out that it does the following: Minimizes discharges other than storm water run-off to storm drains or water courses; Will control the discharge to storm drains or water courses from spills, dumping or disposing of material other than rain water; and its ultimate goal is to reduce the pollutants in storm water discharges to the maximum extent practical. It is administered by the Director of Public Works, and lays the responsibility of any non -storm water discharge to the person who does the discharging. It sets forth penalties and makes requirements that sidewalks be kept clean by the tenant or property owner. They cannot sweep the sweepings into the street; parking lots have to be kept clean so the oil that drips from cars must be swept up; construction contractors working in the City will use Best Management Practices and employ ABAG Standards. Mr. Bernardi stated that projects will be approved subject to the recommendations of the Marin County Urban Run-off Control Plan, noting each of the recommendations relates to various types of urban development, and they are flexible enough to fit any situation. Mr. Bernardi stated a Letter of Intent is required before any construction activity can begin which sets requirements on maintaining water courses, whether public or private. Councilmember Zappetini asked about water washing off Golden Gate Transit busses into a storm drain, do they capture that water and what do they do with it? Mr. Bernardi stated there is a system on their site that requires capturing the oil in one chamber. Also, when they wash the busses and steam clean the engines, it all has to go into a sump before it gets discharged into the sanitary sewers. Mayor Boro stated this is a good example of an unfunded federal mandate. Mr. Bernardi agreed, and the 5 years the cost has been projected for this program, the Cities in the County, as well as Marin County, will spend about $1,300,000 implementing this program where no federal assistance of any kind has been provided. He stated every City Council in the County may have to consider some kind of alternate source other than the general fund to fund this program. Barbara Salzman, representing the Marin Audubon Society, stated the streams, creeks and bay are not in good shape because we have not previously had this kind of Ordinance. She stated the Audubon Society strongly supports the need for an Ordinance; however, they feel this one is not strong enough. Ms. Salzman addressed the Title 10 concerns regarding the discretionary nature of this section of the Ordinance. She stated it allows local jurisdictions to enact and require certain provisions from new developments or redevelopments; it does not mandate it. It allows the County to not require a new development to take care of the increased pollutant run-off from their projects. Therefore, the public continues to have to pay for this. She stated it should not be discretionary, it should be a mandatory provision. The Audubon Society suggests that all of the "mays" in the Ordinance be changed to "shalls". Regarding Item 11, Watercourse Protection, Ms. Salzman stated it is not clear what healthy bank vegetation is; for example, it should not include healthy broom growing along the bank. As there was no one else who wished to speak, Mayor Boro closed the Public Hearing. SRCC MINUTES (Regular) 11/21/94 Page 4 SRCC MINUTES (Regular) 11/21/94 Page 5 Mr. Bernardi stated that when the Ordinance was prepared, they felt it would be less restrictive on staff to use "may", and to give more flexibility. He explained that by adopting the Urban Run-off Control Plan, the Council has adopted the Best Manage- ment Practices; therefore, they are automatically used by the City, Planning and Public Works staff. Mr. Bernardi stated the goal is to reduce the pollutants that would get into the storm water run-off. Mayor Boro stated that if the word "shall" was used instead of "may", you could state the goal of what is to be done without being specific. Mr. Bernardi stated they have no problem changing the word to "shall". Regarding Watercourse Protection, Mr. Bernardi stated the intent was to require that the place where the water flows be cleared of debris and weeds so the water can flow properly, not to strip the whole bank. He noted we do not have the staff or resources to rid the County of broom, just to make sure the water can flow without being restricted, as well as being able to trap the sediments that might be trapped in the vegetation. Councilmember Thayer stated she agrees with making the language mandatory, without losing the flexibility as to what method will be used. Mr. Bernardi stated he under -stood what Council was saying, so no matter what the instance is, some type of erosion control will be employed using Best Management Practices. Responding to Ms. Salzman's letter, Mr. Bernardi stated: Item 3.1.4; Regarding animal waste and swimming pools, it would be impossible to enforce; without examination or testing, it could not be determined if there was a high residual chlorine when it gets down to the Bay from wherever they dump it; and, should this really be dumped into the sanitary sewer rather than the storm drain? He stated when it rains, the overflow runs into the sanitary sewer, increasing the amount of infiltration. Mr. Bernardi agreed that further discus- sion and review need to be done regarding this issue. Item 3.2.2; Best Management Practices has already been addressed. Item 3.2.4; It is implicit in the definition that storm drain definition does include culverts. However, Mr. Bernardi stated if Council prefers to specifi- cally say "culverts", it was fine with him. The intent is that it refers to anything that carries water, whether a pipe, a ditch or whatever. Item 7.1.2; In the Ordinance there are specific exemptions that are permitted for this Ordinance as follows: - Properly managed discharges: water line flushing and other discharges from other potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individ- ual residential car washing, flows from riparian habitats and wetlands, flows from fire fighting or permitted use of reclaimed water. Mr. Bernardi stated that Ms. Salzman recommends that we do not accept the run-off from irrigation or garden watering because it may contain fertilizers, pesticides and herbicides. Mr. Bernardi stated it would be impossible to regulate that. He agreed that this needs additional study, but at this time we are not prepared to enforce it. Item 10.2; By adopting the Baseline Run-off Control Plan, Council has said the streets will be cleaned, and there is a specific street sweeping program con- tained within this control plan that speaks to the issue of the City maintaining its facilities, including parking lots. Item 10.3; One staff member is being paid for by the Joint Powers Authority to manage this program for the entire Marin County. The staff member attends meet- ings on a region -wide basis, and incorporates anything new into the standards. Councilmember Cohen asked if there is a way to make it clearer that we maintain the list of current Best Management Practices. Mr. Bernardi stated that for about the next year and a half, it will probably be somewhat vague in terms of what we use as our standards, but when the General Plan gets updated, these will be incorporated and there will be specific practices that will be utilized to control erosion. Mr. Cohen asked what reference we can use in the interim. Mr. Bernardi stated we reference state and federal standards which are developed on a state-wide basis as a part of the State Water Quality Control Board participation. The State Board recommends these SRCC MINUTES (Regular) 11/21/94 Page 5 SRCC MINUTES (Regular) 11/21/94 Page 6 be used as the current Best Management Practices. Mr. Cohen asked what is the basis of the update for the standards. Mr. Bernardi stated it is both ABAG determinations, as well as meetings with a group called Bay Area Storm Water Management Association that works with the regulatory agencies to develop the various legislative issues that need to be resolved, and through that process they come up with the changes. Mr. Bernardi pointed out that it is not just local jurisdictions that develop these standards. Mr. Cohen stated that process should be referenced so that, until the General Plan is amended, it is clear that the Best Management Practices are current standards. Mr. Bernardi referred to page 8 of the Ordinance..."The Director of Public Works shall require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants. The selection and design of such controls shall be in accordance with criteria established or recommended by state and federal agencies." Mr. Cohen stated that in addition to state and federal agencies, the Bay Area Storm Water Management Association is involved. Mr. Bernardi clarified that the Bay Area group works with the state and federal agencies to develop the standards. Mayor Boro asked Mr. Bernardi if he felt this Ordinance can be adopted tonight or does it need to be taken back to make changes. Mr. Bernardi answered that we are required to have the Ordinance adopted by January 1, 1995, so if Council would prefer to have it brought back in the corrected version, time would not be a problem. Mayor Boro suggested it be brought back to the next meeting, since the Public Hearing has been closed. Councilmember Thayer moved and Councilmember Zappetini seconded, to hold this item over to the Meeting of 12/5/94, and bring the amended Ordinance back to the Council to be passed to print. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL CONSIDERATION OLD BUSINESS Cohen, Heller, Thayer, Zappetini & Mayor Boro None None 19.DISCUSSION - ST. VINCENT'S/SILVEIRA OPTIONS FOR PROCEEDING (P1) - File 10-2 x 10-1 x 9-2-45 Mayor Boro explained that this is a continuation of a discussion two months ago regarding a process issue with regard to the St. Vincent's/Silveira property. Planning Director Pendoley stated that in September, the Council received a Draft General Plan Amendment from the St. Vincent's/Silveira Advisory Committee, and a staff report outlining some process options. He noted that of the five options presented, Council focused on Options D and E. Mr. Pendoley stated that Option D would have us work with the County to develop a joint amendment to our respective General Plans and then prepare an Environmental Impact Report (EIR). He noted they met with County representatives regarding this, and the County is not in favor of this option. The County recognizes this will be very controversial, and that the EIR would likely be very expensive. Mr. Pendoley explained that Option E would leave the General Plan in place as it is presently, and it would have the Council adopt a Resolution of Intent that would give the Planning Commission and staff direction as to how the recommendations of the Advisory Committee are to be considered when we begin our update of the City-wide General Plan, which should start in about two years. Mr. Pendoley stated Council previously asked that Planning explore with the County the possibility of adopting a concurrent resolution in which they would make some similar comments about the property. He stated an advantage to this approach is that it avoids the need for an unbudgeted and probably very large expense for an EIR and allows other things to take place in the interim such as an open space bond measure. Mr. Pendoley stated that it is also expected that the BCDC (Bay Conservation and Development Commission) may include this property in the North Bay Management Pro- gram. He noted there does seem to be some County interest in adopting a concurrent resolution. Mr. Pendoley indicated an EIR could easily cost $1 million. Councilmember Thayer stated she is absolutely opposed to an EIR process because of the expense of a plan that is conceptual in nature only. She noted when the process first started it was in response to Measure L, and was started with the intention that there would be a downward revision of the intensity of development in the General Plan. Ms. Thayer stated that something got skewed in this process, and her concern is that with a General Plan designation as it is, it will be very difficult SRCC MINUTES (Regular) 11/21/94 Page 6 SRCC MINUTES (Regular) 11/21/94 Page 7 to either have open space or affordable housing because of the cost of the land. She stated the cost of the land is driven up by our General Plan designation, and noted Option E is probably the only alternative because we do not have the money to do an EIR. She believes it should be done with the County, because of the magnitude of the project and the importance of the property to the entire community. Councilmember Heller referred to page 6 of the staff report, Guarantees, and asked for clarification of ..."Proposed General Plan policies for St. Vincent's would require a higher percentage of units affordable to low and moderate income house -holds." Mr. Pendoley stated the Advisory Committee felt that an objective in developing the property should be to provide as much affordable housing as possible. Councilmember Zappetini asked if either of the property owners have been asked to pay for the EIR, or have they solicited for a developer to pay for it. He noted that if the City did an EIR, a developer would have to then pay for another EIR, and asked if this could be circumvented by having a developer pay for the initial EIR. Mr. Pendoley stated the owners have not offered funds, and they probably do not have that kind of money. Mr. Zappetini asked if Option E would allow the property owners to ask a developer to pay for an EIR, or combined with the owner, pay for the EIR, rather than the City spending the money. Mr. Pendoley stated that is correct for Option E, but other Options would not allow that flexibility. Councilmember Cohen stated that if any proposal comes forward for these properties, it would require the site to be master planned which would trigger the need for an EIR. He noted that in Ms. Thayer's comments, she lumped together affordable housing and open space acquisition, when actually they pull in opposite directions. He stated that increased density allows for more opportunities because you spread the cost over more units, so you can carry the costs of making the units affordable. Mr. Cohen asked the City Attorney if zoning to affect the price of the property is illegal. City Attorney Ragghianti stated that from a conceptual standpoint, if the intent of the zoning could be demonstrated to drive the price down for the purpose of acquiring it for the public, that would be inverse condemnation. Mayor Boro reminded the audience that tonight's subject is the issue of process, noting we have a recommendation from the staff to proceed with Option E, working with the County to prepare a Memorandum of Understanding which would be the guiding principles for this property in lieu of any change to the General Plan at this time. Sue Beittel, speaking for the Citizens for the Common Good, stated they are convinced that the draft report represents good planning and a balanced approach to the future use of this important site. The most important point they would like to make is to keep the process moving forward. She stated they support Option E as revised, including a joint City/County Resolution clarifying San Rafael's role. She stated the Resolution must take into consideration three things: 1) The City needs to continue to take the lead and be responsible for the planning of this land; 2) The City has an obligation to the property owners. They have been very cooperative and helpful, but they, too, need to know how to move forward. 3) Thousands of dollars have been spent, and many citizens have dedicated a significant amount of volunteer time studying the future use of this land. All of the time, money and expertise has lead to similar conclusions - the essence of the St. Vincent's/Silveira Neighborhood Plan. She asked that Council continue to move ahead to a final resolution based on the draft General Plan Amendment. Aileen Taylor, representing Citizens for the Common Good, stated that fairness to the owners must be one of the major goals, and by moving the process forward, that is the best way to meet that goal and to make use of all of the knowledge we gained from three years of study. Jay Tillotson, urged the Council to accept Option E, because it is more fiscally responsible. He stated this land is within the sphere of influence of San Rafael, and San Rafael must accept that responsibility. Mr. Tillotson stated the other advantage to Option E is that it gives us time to arrange funding for affordable housing. Frank Nelson, representing CAPS (Citizens Advocate for Preservation of St. Vincent's), asked the meaning of the phrase, 'concurrent resolution of intent'. He also asked what happens to the Advisory Committee's urban village plan while the concurrent resolution is being worked on. He stated his organization has already made formal written application to two national programs requesting these lands be considered for preservation and protection. Mr. Nelson stated the key problem related to the advantages under Option E is that efforts that are being taken and any anticipated future efforts are affected by the continued existence of the Advisory Committee's village urban plan, because this plan creates an unrealistic financial expectation in SRCC MINUTES (Regular) 11/21/94 Page 7 SRCC MINUTES (Regular) 11/21/94 Page 8 the minds of the property owners. Therefore, Mr. Nelson stated the Council must be perfectly clear as to what happens to the Advisory Committee's village plan during the interim, in order to give the opposition an opportunity to take steps to try to put together purchase plans for either all or a portion of the properties. He stated they continue to recommend Option C. Mayor Boro reminded Mr. Nelson that is no longer an issue; it is between Options D and E. Mr. Nelson said the importance of taking the urban village plan off the table is that there is a strong community view that these lands should not be developed into a high density urban development. Councilmember Zappetini asked Mr. Nelson what two national organizations have been contacted for funds to buy the property and maintain it as is. Mr. Nelson answered that these organizations have been asked to include the two properties in protective zones, and they have funding available, but he would prefer not to give names at this time. Mr. Zappetini asked if they would consider buying the property from the owners and maintaining it as is. Mr. Nelson stated the process would require willing sellers, so that is an obstacle that would have to be overcome. Mayor Boro asked Mr. Pendoley to answer two questions that were raised: 1) The definition of a concurrent resolution. Mr. Pendoley stated the important word is concurrent; the City and the County would adopt resolutions at the same time, although they probably would not say the same things. He stated the County is in a very different position with regard to the studies it has done on this property, noting that over the last couple of years, they have put an interim designation just for study purposes, then adopted a series of policies that are fairly consistent with past policies that designate this property as part of the urban corridor. Mr. Pendoley stated he expects the County would be inclined to adopt a resolution that is more general in its statements. 2) How do you see the status of the Advisory Commit -tee's urban village plan if we go forward with this approach? Mr. Pendoley stated it is important to recognize that it would not have legal status; Council would not be in any way adopting it because that would take an EIR. He stated what is most relevant is, rather than the study, the policies that various agencies have adopted including Local Agency Formation Commission (LAFCO), the County and the City. They would weigh much more heavily on the property over the next couple of years than this recommendation that would not have legal status. Councilmember Thayer stated the Committee's recommendations are essentially the recommendations for that part of the General Plan that calls for a specific plan, so it puts it out there in limbo until we decide upon the process. She noted if it is a County -City effort, at that point any particular plan will be decided on its merit. Mr. Pendoley agreed, but added also that Council may adopt a Resolution of Intention, making comments on that recommendation to give a little more focus to the City-wide General Plan update in two years; kind of a rider on that recommendation. Ms. Thayer stated that essentially the General Plan and this plan are in harmony in the sense that the land use designation is compatible with that specific plan. Mr. Pendoley agreed, noting they may determine the Committee's recommendation fulfills the mandate of the General Plan policy that says there should be an Advisory Committee, and they should prepare a report to Council. Bonnie Brown, Committee member representing the North San Rafael Coalition of Residents, stated she is speaking tonight as an individual on the Committee, but not representing them. She stated the most important thing is to move the process along which is only fair to the property owners. She stated it is fiscally irresponsible to spend taxpayers' money on an EIR that is so costly, but she would like to see the evaluation of the Advisory Committee's report for the General Plan Amendment to be looked at before it is moved forward. She noted we could keep 71% of the land open and still have what is in the General Plan. She stated she does not agree with the commercial along the freeway, but in general, it is a good plan and pointed out there are many complicated issues to be looked at. Sean Hammill, stated he was team leader of Dovetail Design Team which entered St. Vincent's/ Silveira land use competition and a contributor to the Sustainable Guide- lines of the draft plan. He stated since the design competition took place for which Dovetail submitted a plan for "sustainable development", there has grown community interest in such an idea. A citizens' group was formed for the purpose of advocating development which is sustainable, that is that which does not sacrifice the integrity of the land and its capacities to support and sustain life for future generations. He stated this point of view can be seen as a potential life enhancing compromise between open space preservation and conventional developmental interests. The group has concerns with the draft plan as it stands since it does not fully incorporate principles that would make it sustainable. Mr. Hammill stated they wish to go on record as supporting Option E, not only so preservation and agricultural groups can be given the opportunity to raise money to purchase the property, but also so the draft plan for development can be revised based on principles that are clearly and definitely sustainable should development occur. They hope that sustainable princi- SRCC MINUTES (Regular) 11/21/94 Page 8 SRCC MINUTES (Regular) 11/21/94 Page 9 ples will be adopted by resolution because not only will Marin County benefit by such an example, but the wider community as well. Barbara Salzman, member of the Advisory Committee, stated one of the major deficien-cies is that nobody really knows if the plan that was developed is economically feasible. She said many people do not feel it is environmentally beneficial, but believe that of the alternatives provided, Option E is the best. She stated staff needs to identify the process so the Committee will know how to participate and have an opportunity to comment on the policies. She also urged that the minority proposal not be lost in the shuffle. Dart Cherk, member of the Dovetail Team, stated he supports Option E, but stated the element of sustainable community could be strengthened when the General Plan is prepared. He gave several examples of interest in sustainable community by the community and various architectural groups. He noted we have a golden opportunity with St. Vincent's/Silveira to build a model community centered around the pedes- trian, not the car, one which conserves the natural resources, and which recycles its own waste for productive use. Helene Hagan, Executive Director for the Institute of Archetypal Ethnology, the Coast Federated Miwok Tribe Historic Preservation Officer and an anthropologist, stated her comments have to do with language. She stated many people tonight have talked about fairness to the owners of the land, and reminded the Council that the original land owners of both of the properties were coastal Miwok people who for a long time were thought to be extinct. However, they are very interested in the outcome of the use of the property. She stated they support the minority position which would revert the land to its natural state, noting it has not been in its natural state for centuries because it was a cultural site of major dimension. She stated if we are going to talk about this land and the common good, we must recognize that there is a minority of 300-400 people who have something to say about this land which was taken away from them. Ms. Hagan stated that under law, they have a right to that land. However, as long as the land will be recognized culturally and used adequately with common sense, the Miwok people will be satisfied. Ms. Hagan stated if plans continue toward major development, legal measures may possibly be taken. Yehudi Lieberman, resident of San Rafael, stated she has become frustrated with the polarization of alternatives. She noted we need to go beyond stopping development; we need to radically rethink the way redevelopment is done. She stated we need to learn how to live in a way that preserves the land, the community and the local economy. She stated the Dovetail plan is an innovative design which incorporates many principles of sustainable community including very compact development with 85% of the land left open, preservation of the unique environmental features of the land, a design which promotes the formation of a sense of community, neighborhood and place, is pedestrian oriented, with integration of small businesses in residential areas, encouraging people to work and shop where they live which will keep them off the freeways and support the local economy, and has innovative options for affordable housing. She asked that the Council mandate guidelines for St. Vincent's/Silveira that truly incorporate the principles of sustainable living. She stated she supports Option E with the condition that the Council, in its resolution, states clearly the environmental constraints and principles of sustainability are to be taken very seriously in any future plan for this land. Bob Servelle, 34 -year resident of Marin County, stated that two years ago he worked with the Bay Bridge and 2020 Commission which was a blue ribbon panel to study the impact on growth and development in the nine Bay Area counties over the next thirty years. He stated the general conclusions of that Commission were, if there were not radical changes in the way growth and development is handled, it will grind to a halt. Mr. Servelle stated that Dovetail's concept of living lightly upon the land was part of what the Commission was trying to address. He supports the recommendations of Option E which provide room for refining the concepts that were developed in the competition. Renee Silveira, representing the Silveira family, stated the Advisory Committee made an effort to listen to different viewpoints and come up with a balanced approach, and to shelve the report would be so wasteful of people's time and effort and vision. She stated there will be controversy no matter what approach is taken. She stated the family is tired of the gridlock and polarity, and we must proceed onward. They feel the Plan respects the land, noting her father is a strong protector of the cultural resources. Mayor Boro stated the intent is not to shelve this process, but how to go forward. He stated that even if we had the money, it would not be money well spent to go ahead with an EIR. He realizes the amount of work and effort spent by the Advisory Committee, and conceptually the approach of Option E makes sense. SRCC MINUTES (Regular) 11/21/94 Page 9 SRCC MINUTES (Regular) 11/21/94 Page 10 Councilmember Thayer asked when questions that had been raised by the public would be addressed? Mr. Pendoley stated that in tonight's staff report they tried to address all of the questions heard at the first meeting, and Council will no doubt tell staff what they want addressed in the next staff report. Councilmember Heller asked how staff envisioned we will go from here. Mr. Pendoley stated if there are particular comments now that Council would like to see considered in a draft Resolution of Intention, it would be helpful. He stated it is assumed there is a continuing interest in having some sort of concurrent resolution with the County, and indicated there will need to be discussion between the two Planning Departments. Mr. Pendoley stated it would be helpful if Council had suggestions for those discussions. Ms. Heller stated she supports Option E and that we should be working concurrently with the County. She stated she would like a broad range of numbers on the density looked at. Councilmember Thayer stated no one wants to see million dollar homes on the land and asked how you go about analyzing this project without any concept of its economic viability. Councilmember Cohen stated it is not up to the City to determine economic viability, and there is no way for the Council to determine this; the marketplace will dictate it. He stated it is appropriate for Council to plan for the use of the land in a way that is consistent with community goals. He indicated we have an obligation to update the General Plan in two years, and he would look for this resolution to point to how we fold the process we have just gone through into the City-wide General Plan update. Mr. Cohen stated there is an opportunity to do that in a way that achieves everything we have been urged to do tonight. He indicated it is important to recog-nize the work of the Committee and felt that at some point Council should accept that report - not approve it. He stated we also need to recognize that that process generated a minority report, and the design competition produced a lot of good ideas. In the meantime, the General Plan continues to be the guiding document for these properties. Councilmember Zappetini stated he supports Option E, but emphasized that the City needs to be the lead agency. Mayor Boro stated the whole purpose in the Resolution of Intent is to be a starting point for either further development on the land or an update to the General Plan. Mayor Boro said he has a real concern regarding numbers because numbers get reaction. He stated what he would rather we do is to turn the principles into a vision or goal, and see how the numbers fall out. Ms. Heller agreed. Mayor Boro stated it is important in the Resolution of Intent to reaffirm the role of the City in the planning for this site. Councilmember Cohen moved and Councilmember Zappetini seconded, to direct staff to prepare a Resolution of Intent for St. Vincent's/Silveira, setting out City and County policies applicable to the site, laying out a process to help evaluate the Committee's proposal along with others to provide initial direction regarding how this property should be addressed, and pursue with County staff to develop a concurrent resolution. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS 20. CITY COUNCIL REPORTS a. APPOINTMENT OF SAN RAFAEL DELEGATE TO THE MARIN COUNTY SOLID AND HAZARDOUS WASTE JPA (VERBAL) - File 13-2 x 115 x 4-10-167 x 9-2-10 Mayor Boro explained that a replacement is needed on this Committee due to Councilmember Thayer's election as Assessor. Ms. Thayer explained the importance of the Committee and the time commitment necessary. Councilmember Heller was unanimously appointed as delegate to the Marin County Solid and Hazardous Waste JPA. ADD ITEMS: Assistant City Manager Golt reported that the MOU for the Firefighters' Associa- tion was accepted and approved by the membership in a meeting held Saturday, SRCC MINUTES (Regular) 11/21/94 Page 10 Page 11 SRCC MINUTES (Regular) 11/21/94 November 19, 1994. City Clerk Leoncini distributed copies of the MOU. Councilmember Cohen moved and Councilmember Thayer seconded, to place this emergency item on the agenda, which came up after the agenda was posted. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a. MEMORANDUM OF UNDERSTANDING PERTAINING TO COMPENSATION AND WORKING CONDITIONS BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 1775 - File 7-8-2 x 9-3-31 x 7-3 Personnel Director Chandler summarized the terms of the agreement: Three years beginning July 1, 1993 through June 30, 1996 with two retroactive salary increases in the 1993/94 year, salary increases July 1, 1994 and July 1, 1995, for a total of a 12.8% increase. A salary survey will be developed, personnel rules will continue to be worked on as well as other non -economic issues relating to promotions, language changes, etc. Mayor Boro asked if this was basically the same agreement Council agreed to several weeks ago, and Mr. Chandler answered it was. Christopher Desmond, President of the San Rafael Firefighters' Association, I.A.F.F. Local 1775, stated the result of the long, difficult process is very positive. He thanked the Council and staff for their patience and consideration during the lengthy process. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution approving the MOU between the City and the San Rafael Firefighters' Association for fiscal years 1993-94, 1994-95 and 1995-96. RESOLUTION NO. 9259 - AMENDING RESOLUTION NOS. 6650, 7166, 7425, 8030 AND 8616 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL. (TERM OF AGREEMENT: 7/1/93 THRU 6/30/96) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. PARADE OF LIGHTS, FRIDAY, NOVEMBER 25, 1994 - File 11-19 X (SRRA) R-181 Councilmember Cohen announced that Brigit Moran, Coordinator of the Parade of Lights has invited Councilmembers and staff to ride on cable cars leading the parade on Friday, November 25th; meet at 5:30 PM at Fire Station No. 1. There being no further business, the meeting was adjourned at 10:17 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1994 SRCC MINUTES (Regular) 11/21/94 Page 11