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HomeMy WebLinkAboutCC Minutes 2002-06-172 SRCC Minutes (Regular) 06/17/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 17, 2002 AT 8:00 P.M. Regular Meeting: Present: Gary O. Phillips, Mayor Pro tem San Rafael City Council Barbara Heller, Councilmember Cyr N. Miller, Councilmember Absent: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Also Present: Ken Nordhoff, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:30 PM: Mayor Pro tem Phillips announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 6:30 PM: a) Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(c) One case b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:10 PM MTBE GASOLINE ADDITIVE & AB 1058 (Bluewater Ethanol Bill): - File 13-12 x 13-1 x 13-4 Mr. Bruce Bullard stated he circulated a letter, copy to Mayor Boro, pertaining to his request to the Governor to remove MTBE by Executive Order, and requested that serious consideration be given to agendizing this issue sometime in the future. He indicated he is attempting to garner some Councilmember support for this action by the Governor. Mr. Bullard stated he believes the Clean Air Act is unconstitutional in mandating oxygenates be used in the State of California. Mr. Bullard reported his strong opposition to AB 1058 (Bluewater Ethanol Bill) and submitted material produced by Clean Air Performance Professionals (CAPP) in California. He indicated the material contained some very relevant information on MTBE. (He subsequently withdrew this). Mr. Bullard requested Council make some agenda time available to explain the Executive Order at some future date. Being aware the State has the budget as its primary issue, he stated he was not pushing too much at this point in time. He reported having sent the letter to Senator John Burton, who has accommodated sending the letter to the Governor. Mr. Bullard stated the request is now on the Governor's desk and some political support is needed to have this issue handled expediently, as he believes it to be the most politically active last resort by the Governor because the litigation is lagging. Mayor Pro tem Phillips indicated that Mr. Bullard's concerns would be communicated to Mayor Boro on his return. Councilmember Heller moved and Councilmember Miller seconded, to approve the Consent Calendar as follows: ITEM Approval of Minutes of Regular Meetings of Monday, May 20, 2002 and Monday, June 3, 2002 (CC) RECOMMENDED ACTION Minutes approved as submitted. 3. Update on Legislation Affecting San Rafael. — Accepted report. File 116 x 9-1 SRCC Minutes (Regular) 06/17/2002 Page 1 SRCC Minutes (Regular) 06/17/2002 Page 2 4. Resolution of Appreciation to Sean Gallagher for his RESOLUTION NO. 11109 — Documentary entitled "Mission City: The Streets of RESOLUTION OF APPRECIATION TO San Rafael" (CM) — File 102 SEAN GALLAGHER FOR HIS DOCUMENTARY ENTITLED "MISSION CITY: THE STREETS OF SAN RAFAEL" 5. Resolution Authorizing Amendment to Agreement RESOLUTION NO. 11110 — with George Hills Company for General Liability RESOLUTION AUTHORIZING THE Claims Administration Services (MS) — SIGNING OF AN AMENDMENT TO File 4-10-323 x 4-10-308 THE AGREEMENT WITH GEORGE Assist in the Processing of Planning Applications for HILLS COMPANY, INC. FOR LIABILITY and Environmental Review of the St. Vincent's CLAIMS ADMINISTRATION SERVICES Village Development Proposal (CD) — (from July 1, 2002 to June 30, 2005) 6. Parking Structure at Third and `C' Streets: (MS) — a) RESOLUTION NO. 11111 — a) Resolution Authorizing an Agreement with RESOLUTION AUTHORIZING AN Northcross, Hill & ACH, LLC for Financial AGREEMENT WITH Advisory Services Required for the Parking NORTHCROSS, HILL & ACH, LLC Structure at Third and `C' Streets (MS) — FOR FINANCIAL ADVISORY File 4-3-407 x 9-3-87 SERVICES REQUIRED FOR THE PARKING STRUCTURE AT THIRD b) Resolution Authorizing an Agreement with Jones AND `C' STREETS (Term of Hall, A Professional Law Corporation, for Bond Agreement: from June 17, 2002 and Underwriter Counsel Services Required for and ending on December 31, 2003, the Parking Structure at Third and `C' Streets for a not to Exceed sum of (MS) — File 4-3-408 x 9-3-87 $40,000) b) RESOLUTION NO. 11112 — RESOLUTION AUTHORIZING AN AGREEMENT WITH JONES HALL, A PROFESSIONAL LAW CORPORATION, FOR BOND AND UNDERWRITER COUNSEL SERVICES REQUIRED FOR THE PARKING STRUCTURE AT THIRD AND `C' STREETS (Term of Agreement: from June 17, 2002 and ending on December 31, 2003, for a not to Exceed sum of $63,500) 7. Resolutions Authorizing the City Manager to Execute a) RESOLUTION NO. 11113 — Professional Services Agreements with Anne Moore RESOLUTION AUTHORIZING THE of Moore Consulting and Greg Zitney of Zitney and CITY MANAGER TO EXECUTE A Associates for Professional Services Needed to PROFESSIONAL SERVICES Assist in the Processing of Planning Applications for AGREEMENT WITH ANNE MOORE and Environmental Review of the St. Vincent's OF MOORE CONSULTING TO Village Development Proposal (CD) — ASSIST IN PROCESSING a) File — 4-3-409 x 9-2-45 PLANNING APPLICATIONS FOR b) File — 4-3-410 x 9-2-45 THE ST. VINCENT'S VILLAGE DEVELOPMENT PROPOSAL (Term of Agreement: from June 18, 2002 and ending on June 17, 2004, for an Amount not to Exceed $85,000) b) RESOLUTION NO. 11114 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GREG ZITNEY OF ZITNEY AND ASSOCIATES TO ASSIST IN THE ENVIRONMENTAL REVIEW OF THE ST. VINCENT'S VILLAGE DEVELOPMENT PROPOSAL (Term of Agreement: from June 18, 2002 and Ending on June 17, 2004, for an Amount not to Exceed $80,000) SRCC Minutes (Regular) 06/17/2002 Page 2 8. Resolution Authorizing a Grant Application to the San Francisco Foundation for $17,500 for the School Year Component of the Summer of Peace Program (CS) — File 9-3-65 x 116 9. Resolution Authorizing Execution of Agreement with Marin Releaf and Santa Margarita Home Owners Association re Application for Proposition 12 Tree Planting Grant Program (Urban Forestry Grant Program) (PW) — File 109x 11-6x 116 10. Resolution Authorizing Closure of Additional City Streets, on Fourth Street from B Street to C Street and on B Street from Julia to the Exit of the Wells Fargo Parking Lot, in Connection with the Farmers' Market Festival on Thursday Evenings, from June 20 through September 26, 2002, from 5:00 p.m. to 10:00 p.m. (RA) — File 11-19 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SPECIAL PRESENTATIONS: SRCC Minutes (Regular) 06/17/2002 Page 3 RESOLUTION NO. 11115 — RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE SAN FRANCISCO FOUNDATION FOR $17,500 FOR A SCHOOL -YEAR COMPONENT OF THE SUMMER OF PEACE PROGRAM RESOLUTION NO. 11116 — RESOLUTION AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE URBAN FORESTRY GRANT PROGRAM AS PROVIDED THROUGH PROPOSITION 12 RESOLUTION NO. 11117— RESOLUTION AUTHORIZING CLOSURE OF ADDITIONAL STREETS IN CONNECTION WITH THE FARMERS' MARKET FESTIVAL ON THURSDAY EVENINGS, FROM JUNE 20 THROUGH SEPTEMBER 26, 2002, FROM 5:00 PM TO 10:00 PM Heller, Miller, and Phillips, Mayor Pro tem None Vice -Mayor Cohen and Mayor Boro 11. PRESENTATION OF RESOLUTION OF APPRECIATION TO SEAN GALLAGHER FOR HIS DOCUMENTARY ENTITLED: "MISSION CITY: THE STREETS OF SAN RAFAEL" (CM) — FILE 102 Mayor Pro tem Phillips stated he was very impressed with Mr. Gallagher's documentary and in this regard, presented him with a Resolution of Appreciation for all his work in putting together such a fine presentation of San Rafael. He commented that the characterization of areas of the City was outstanding and very well balanced. On behalf of Mayor Boro and the City of San Rafael, Mayor Pro tem Phillips thanked Mr. Gallagher for his efforts. Accepting the Resolution, Mr. Gallagher thanked the City Council and Lydia Romero, Assistant to the City Manager, and stated it was an honor and a labor of love. He commented that San Rafael is a remarkably beautiful city and it is great to be part of the community. 12. INTRODUCTION OF SIX NEW POLICE OFFICERS: (PD) — FILE 9-3-30 Mayor Pro tem Phillips indicated he had been informed by Police Chief Cronin that the new Police Officers are in training; therefore, their introduction would be postponed to a future date. PUBLIC HEARINGS: 13. Public Hearing — CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING REGULATIONS FOR THE USE OF THE PUBLIC RIGHT-OF-WAY (PW) — FILE 11-1 x 9-3-40 x 1-2 Public Works Director Dave Bernardi stated this proposed ordinance enhances the City's ability to regulate the use of the Right -of -Way. He indicated that a couple of years ago, the Public Works Directors became concerned that the use of the Right -of -Way would be overrun with all of the Telecommunications Agencies approaching the City for permits to install telecommunications equipment. Over the last two years an ordinance was crafted, to be considered by all of the cities and the County of Marin, primarily to enhance the City's ability to regulate its use of the Right -of - Way, as well as to afford the service providers of these telecommunications facilities a level playing field throughout the County of Marin. He explained that with similar standards, it is a lot easier to facilitate the installation of these utilities. Mr. Bernardi stated that the proposed ordinance is a culmination of a number of meetings City staff had with the attorneys of the various telecommunications providers. He reported that the first draft ordinance introduced to Council some time ago was withdrawn because of concerns some of these providers had; the ordinance was, therefore, revised to reflect these concerns. He indicated several laws were adopted which could be further addressed by the City Attorney, should Council so desire. SRCC Minutes (Regular) 06/17/2002 Page 3 SRCC Minutes (Regular) 06/17/2002 Page 4 Mr. Bernardi outlined the key terms of the ordinance as follows: • A Right -of -Way Agreement is required which has a number of provisions that the provider would be required to enter into. Utilities which have an existing agreement or franchise with the City to use the public right-of-way, such as PG&E and AT&T, are exempted, together with any person making only a minor or temporary encroachment, as determined by the Public Works Director; • An application for the Agreement is required, which must be accompanied by an application fee; • The Right -of -Way Agreement must be approved by the City Council. Should an application be denied, the reasons for such denial must be set forth in a resolution; • The Right -of -Way Agreement has a number of provisions which are contained in the staff report; • It is also necessary to acquire any essential encroachment permits, in addition to the Encroachment Agreement; • The potential applicant must notify anyone else they may be aware of to consider installing a joint trench. For instance, should MFN (Metromedia Flber Network) wish to install conduit, they would be required to contact AT&T, Pac Bell, etc., in an effort to minimize the number of holes to be dug; • There is a requirement that once a City street is paved, there is a moratorium for five years. Exceptions include: o Should a provider wish to work within a City Right -of -Way recently resurfaced, higher standards would pertain to the restoration of the trench. This appears to be a good compromise with the providers. • Any decision made by the Public Works Director is appealable to the City Council. Mr. Bernardi reported that the fiscal impact is generally positive. He stated that a fee is charged; therefore, there will be a positive one-time impact. He indicated that as with the MFN analysis, there is a provision that the City would obtain two strands of dark fiber to be utilized by the City of San Rafael for governmental purposes. It cannot be sold or sub -leased; however, it can be used by the City to connect all of the public buildings to afford more efficiency of operations. Councilmember Heller requested further explanation regarding dark fiber. Mr. Bernardi explained this is fiber which has not been connected on either end. Fiber Optic wires (spun glass) carry light particles, which carry information. Prior to its being connected on either end, it has no light going through it, hence its name "dark fiber". Responding to a further question from Councilmember Heller, Mr. Bernardi reported that the County of Marin had adopted the ordinance and San Rafael is the first city to consider it at this point. As time progresses, other cities will also consider it. Councilmember Heller agreed that a united front is necessary. With regard to item #7 in the staff report pertaining to the five-year moratorium, Councilmember Heller inquired whether this would hold up in court. Deputy City Attorney Eric Davis explained that State Law and the Federal Telecommunications Act provide that cities can protect their rights-of-way by time, place and manner restrictions and this is one way to do that. He indicated there are exceptions to the five-year rule in terms of emergency circumstances, which staff believes would address those situations where there is a clear need. He reiterated Mr. Bernardi's comments to the effect that the pavement would be required to be restored to a higher standard. Mr. Davis indicated he was unaware of any cases that addressed this particular standard; however, it is a standard which exists in other jurisdictions. He stated there is some pending litigation pertaining to trenching issues in other jurisdictions; however, these cases have not, as yet, resulted in any adverse decisions for the cities. Sitting on the Marin Telecommunications Agency, Councilmember Miller stated that the MTA is very anxious this goes through so that all cities are on the same page. Mayor Pro tem Phillips opened the public hearing and there being no comment from the audience, closed the public hearing. SRCC Minutes (Regular) 06/17/2002 Page 4 SRCC Minutes (Regular) 06/17/2002 Page 5 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING REGULATIONS FOR THE USE OF THE PUBLIC RIGHT-OF-WAY" 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. 1783 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro tem NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen and Mayor Boro 14. Public Hearing — 515 NORTHGATE DRIVE (ALMA VIA OF SAN RAFAEL) CONSIDERATION OF A GENERAL PLAN AMENDMENT TO CHANGE THE EXISTING LAND USE DESIGNATION FROM OFFICE TO HIGH DENSITY RESIDENTIAL, A ZONING AMENDMENT TO CHANGE THE EXISTING OFFICE (0) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT WITH ADOPTED ZONING REGULATIONS, A MASTER USE PERMIT FOR THE PLANNED DEVELOPMENT AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO ALLOW CONSTRUCTION OF A NEW 137 -UNIT ASSISTED LIVING FACILITY. THE PROPOSED 120,141 -SQUARE -FOOT STRUCTURE WOULD REPLACE THE EXISTING FAITH EVANGELICAL LUTHERAN CHURCH AT 355 LOS RANCHITOS ROAD AND THE EXISTING OFFICE BUILDING (SITE OF SOCIAL SECURITY OFFICE) AT 515 NORTHGATE DRIVE CURRENTLY ONSITE. THE EXISTING PARCELS WOULD BE MERGED AND THE RESULTANT PARCEL WOULD USE THE ADDRESS FOR THE ENTRY TO THE NEW BUILDING, 515 NORTHGATE DRIVE; APNS: 175- 060-51, -52, -53, AND -54; FAITH EVANGELICAL LUTHERAN CHURCH, OWNER; ELDER CARE ALLIANCE (NONPROFIT), APPLICANT (CD) — FILE 115 (2000) x 10-3 x 10-5 x 10-7 Emi Theriault, Associate Planner, stated that as described in the staff report, the subject application was submitted by the Elder Care Alliance non-profit in conjunction with Faith Evangelical Lutheran Church, the property owners. Ms. Theriault explained that the applicants are proposing to construct a new 137 -unit assisted living facility at the southwest corner of Northgate Drive and Los Ranchitos Road. The facility would replace the existing Faith Evangelical Lutheran Church and the office building currently located on- site. She commented that members of the public would recognize this as the Social Security Building. Ms. Theriault reported that the proposal involves four applications: General Plan Amendment, Rezoning, Master Use Permit and an Environmental and Design Review Permit. She explained that the Master Use Permit and the Environmental and Design Review Permit are standard to the nature of the proposal submitted. The General Plan Amendment and the rezoning to Planned Development District were submitted in order for the site to comply with land use and zoning designations typical of assisted living facility uses throughout the City. Ms. Theriault reported that an Environmental Review was conducted for the project and a Mitigated Negative Declaration was also submitted for Council's review. She reported the project was reviewed by the Design Review Board on April 3, 2002, and by the Planning Commission on May 14, 2002. Ms. Theriault stated that both the Design Review Board and Planning Commission recommended approval of the subject applications and the Mitigated Negative Declaration, subject to the conditions and mitigation measures contained in the resolutions. Ms. Theriault reported that the Design Review Board's design issues for the formal application focused on the screening of utility equipment and a minor redesign of the southeast corner of the proposed building. Conditions requiring the applicant to return to the Board for additional review of these matters are contained in the proposed Conditions of Approval. Although no members of the public commented at either the Design Review Board or Planning Commission meetings, Ms. Theriault reported that the Planning Commission clarified matters concerning the Vision in Action committee's previously stated concerns relating to potential parking and traffic impacts associated with the project. Having prepared an Initial Study for the project, Ms. Theriault reported that staff drafted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting program. She stated that mitigation measures have been identified for potentially significant impacts, which include aesthetics, air quality, noise and traffic circulation. Ms. Theriault stated that a complete analysis of project consistency with the San Rafael General Plan, Zoning Ordinance and Northgate Activity Center Plan is contained in the May 14, 2002 report to the Planning Commission. SRCC Minutes (Regular) 06/17/2002 Page 5 SRCC Minutes (Regular) 06/17/2002 Page 6 Ms. Theriault stated that staff recommends the City Council, in addition to opening the public hearing for the proposed project and accepting public testimony, adopt the Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, adopt the Resolution approving the General Plan Amendment from Office to High Density Residential, adopt Ordinance approving the Rezoning from Office District to Planned Development District with adopted Zoning Regulations, and adopt Resolution conditionally approving the Master Use Permit and Environmental and Design Review Permit. Ms. Theriault indicated that the applicant had prepared a short presentation for the project. Mayor Pro tem Phillips opened the public hearing. Janeane Randolph, Executive Director Elder Care Alliance, project sponsor, indicated she would briefly address the program, to be followed by a short presentation. At the outset, Ms. Randolph thanked the Planning Department, especially Emi Theriault, Associate Planner, and Kristie Richardson, Principal Planner. She commented that they did a wonderful job in working with the applicant and bringing forward several excellent recommendations. She was also pleased to have received unanimous support from the Planning Commission at their May meeting. Ms. Randolph explained they are a non-profit organization, sponsored by the Sisters of Mercy of Burlingame and the Sierra Pacific Synod of the Evangelical Lutheran Church in America. She indicated that this project is a collaboration between Faith Lutheran Church, (representatives present this evening included Pastor Pond), the Synod, and her organization, Elder Care Alliance. Ms. Randolph stated the project would care for 145 frail elders and provide assisted living and dementia special care services to those individuals. She indicated that should there be questions, several representatives were present to answer them. Ms. Randolph introduced Rich Caldwell, Hardison Komatsu Ivelich & Tucker, Architects, who would present a brief review of the site plan. Using large site plans, Rich Caldwell, Principal, HKI&T Architects, explained that the project is located on the corner of Los Ranchitos Road and Northgate Drive, and the site is currently occupied by the Faith Lutheran Church and an office building, both of which will be replaced by the proposed project. As explained by Ms. Randolph, Mr. Caldwell confirmed this is an assisted living facility, containing 151 residents and frail elders, including approximately 26 residents in the dementia wing. He explained the project is a two and three-story structure and has been sited to attempt to minimize the impact of its size on the surrounding neighborhood. He indicated this has been achieved by means of a diagonal orientation, which results in very deep landscape pockets on all the project's sides. He stated that parking has also been broken up into several locations to avoid the appearance of a lot of cars around the facility. Mr. Caldwell explained that the first floor comprises a multi -use room, reminiscent of the Church once occupying the site. To emphasize it as a feature, it has been placed out in the corner and will be used by both residents and the public. He stated that the main entrance to the facility is located off of Northgate Drive in a deep landscape pocket with a small parking lot and main entry Porte Cochere in the lobby. Mr. Caldwell explained that the dementia wing is located at the back of the site and situated such that each of the two communities within it will have their own private garden spaces. On the plans he identified garden spaces and walking paths available for the other residents, separate from the dementia wing. To the extent possible, Mr. Caldwell stated a good deal of the large existing trees on the site have been maintained and as emphasized by the staff report, it is planned to supplant this with substantially more landscaping. Mr. Caldwell reported that the second floor contains the studio and one -bedroom assisted living units; the dementia wing is located on the first floor and has direct access to its own secure gardens. The building has been stepped back along the perimeter with some lower one-story elements, which are continued, moving up to the third floor. On the site plan Mr. Caldwell identified the third floor as being somewhat limited. He explained all of the public spaces are located on this floor, including the dining room, kitchen, beauty salon, crafts, exercise room, all of which are in the center core of the building to minimize their impact on the surrounding streetscape and neighborhoods. On the plans he identified the dementia wing as being down a level, and the lower rooflines along the perimeter, indicating that the mass of the building is contained in the center of the site. With regard to parking, Mr. Caldwell stated that in addition to two small satellite sites, there is also a small underground garage section. SRCC Minutes (Regular) 06/17/2002 Page 6 SRCC Minutes (Regular) 06/17/2002 Page 7 Mr. Caldwell stated that the appearance of the building is craftsman -like with a mixture of cedar shingles, stucco, composite roof shingles and a lot of craftsman style detailing, including outriggers and heavy off-white trimmed wood windows. Identifying a view from the dining -room out towards the multi -use room, Mr. Caldwell also alluded to a rendering of the proposed entry almost directly off Northgate, noting the building reaches out on both sides, stepping down on the perimeter to a more pedestrian scale and building up in the center with the Porte Cochere as the centerpiece of the entry. Responding to a request from Councilmember Heller, Mr. Caldwell identified the parking areas as follows: ■ Small parking in the entry, mostly for visitors; ■ Parking along the back of the property line which is in conjunction with deliveries and service yard; ■ Underground garage. Councilmember Miller indicated that in reading through previous materials, he noted there was mention of some type of flexibility within the rooms and inquired whether smaller or larger rooms could be accommodated, depending upon the needs of the clientele. Mr. Caldwell stated that flexibility may exist in some of the rooms which are set up to be shared by couples; however, the majority are studios and one -bedrooms. Councilmember Heller inquired as to the difference between an assisted living facility and a convalescent home. Janeane Randolph, Elder Care Alliance, explained that the difference between assisted living and a skilled nursing facility/nursing home is in some ways significant and in others, not so significant. Explaining the differences, Ms. Randolph stated that ten years ago assisted living did not exist to any great degree in California and, therefore, a lot of people who needed assistance with bathing, dressing, eating, i.e., activities of daily living, were forced to go to a nursing home, sometimes in spite of the fact that they did not need twenty-four nursing care, as is typical of nursing homes. She indicated that with the creation of more choices, including assisted living and dementia special care programs, people can often avoid premature placement into skilled nursing, which is primarily designed to take care of those who need twenty-four hour continuous nursing care. She explained that assisted living and dementia special care are licensed by a different group in California, the Department of Social Services, and reported they are not required to have nurses on staff; however, part of the policy at Elder Care Alliance is to provide a nurse and supervision to those who provide direct care to residents. Ms. Randolph indicated they are in a position to help with continence training, medication, and to keep the individual as independent as possible for as long as possible. In this respect, they really emphasize activities that promote wellness, including restorative therapies, etc. She indicated they also always seek a hospice waiver to be in a position to care for someone during the dying process should it be unnecessary to enter the twenty-four hour skilled facility. Due to technical problems in presenting the three-dimensional fly -through of the building, it was agreed the presentation to date was satisfactory to all concerned. With regard to parking, Mayor Pro tem Phillips, envisioning the possibility of an event resulting in more cars than spaces available, inquired whether there was an overflow plan. Responding, Mr. Caldwell indicated that the potential of perhaps using parking in the shopping center across the street for this unlikely occurrence was discussed. He explained that the history of projects such as this is that they do not attract big crowds. Although this would be welcomed, the bottom line is that people come and visit individually; there are no large crowds on holidays, for instance, when it could be perceived a lot of people would visit. Ms. Randolph confirmed that unfortunately, even on holidays, large groups are not evident coming into the facility. She indicated there are special programs for residents; however, most families come, pick someone up and take them elsewhere on special occasions, if this is possible. She stated they had discussions with Guide Dogs for the Blind to the effect that should they have a special event they could use Alma Via's parking by prior arrangement and vice versa; however, Ms Randolph indicated they do not anticipate doing this. Noting the traffic study indicated 47 parking spaces, Mayor Pro tem Phillips inquired as to why more than was required was provided (60). Responding, Ms. Randolph stated that parking had been an issue for the project from its initiation and the applicant wished to be responsive to feedback from the community. She indicated that since it was possible to provide additional parking spaces, they believed they should do so. Mayor SRCC Minutes (Regular) 06/17/2002 Page 7 SRCC Minutes (Regular) 06/17/2002 Page 8 Pro tem Phillips clarified he was not objecting to more parking. Ms. Randolph stated that originally the Church was to have been rebuilt at the site; therefore, additional parking was anticipated. Should there be an event that called for more parking than provided, Mayor Pro tem Phillips clarified that arrangements would be made with either Guide Dogs for the Blind or the Shopping Center for this purpose. Ms. Randolph also included Drake Terrace, with reciprocal arrangements. Councilmember Heller noted that Planning Commissioner Kirchmann remarked that no below market requirements existed for a facility such as this, and it was her understanding that a Charitable Care Program had been put in place, which she found commendable, as it would be utilized and needed quite a lot. She, however, would like to have staff address this for future projects, thus ensuring something was in place for those more needy. Community Development Director Brown stated that Deputy City Attorney Eric Davis conducted quite a bit of research and it was found there is state law which staff believes was originally enacted to preclude senior facilities from being subjected to rent control ordinances; however, it is very broadly written and staff's conclusion was that it does also apply to inclusionary type zoning requirements being applied to senior housing facilities. Mr. Brown stated the final conclusion was that it was not possible to broaden the program to include senior housing developments, at least until that state law is modified. There being no further comment from the audience, Mayor Pro tem Phillips closed the public hearing. Councilmember Miller stated that having worked for the Administration of Aging for approximately thirteen years, he recognized in this the deep significant social value it brings to the community. He emphasized that this value is extreme when considered in terms of what is says for society, and he was also very pleased to see the ecumenical base. Councilmember Miller stated he was extremely impressed with the design and the placement of the massing in the center. Although the dementia wing is separate, it is also joined, not isolated, and includes the most vulnerable. Noting the remarkable design in terms of the context, Councilmember Miller stated he was really impressed with this type of property use being placed in a very high volume traffic area, yet garnering the least traffic possible. He thanked all involved for bringing this forward, stating he would obviously vote for it. Councilmember Heller concurred with Councilmember Miller's remarks. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11118 — RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE ALMA VIA OF SAN RAFAEL DEVELOPMENT PROPOSED AT 515 NORTHGATE DRIVE (APN 175-060-51, -52, -53 AND —54) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro tem None Vice -Mayor Cohen and Mayor Boro Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11119 — RESOLUTION APPROVING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2000 TO AMEND THE LAND USE MAP OF THE LAND USE ELEMENT REDESIGNATING 2.8 ACRES OF LAND LOCATED AT 355 LOS RANCHITOS ROAD AND 515 NORTHGATE DRIVE FROM OFFICE TO HIGH DENSITY RESIDENTIAL FOR THE ENTIRE AREA CONTAINED WITHIN ASSESSOR'S PARCEL NUMBERS 175-060-51, -52, -53, AND —54 (GPA 02-02) AYES: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro tem NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen and Mayor Boro SRCC Minutes (Regular) 06/17/2002 Page 8 SRCC Minutes (Regular) 06/17/2002 Page 9 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP TO RECLASSIFY CERTAIN REAL PROPERTY FROM OFFICE (0) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT WITH AN ADOPTED DEVELOPMENT PLAN FOR THE ALMA VIA OF SAN RAFAEL ASSISTED LIVING FACILITY AT 515 NORTHGATE DRIVE (APN 175-060- 51, -52, -53, AND 54) (ZCO2-02)" Councilmember Heller moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1784 to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro tem None Vice -Mayor Cohen and Mayor Boro Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11120— RESOLUTION APPROVING A MASTER USE PERMIT (UP01-46) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED01- 117) FOR A 137 -UNIT, 120,141 SQUARE -FOOT ASSISTED LIVING FACILITY (ALMA VIA OF SAN RAFAEL) AT 515 NORTHGATE DRIVE (APN 175-060-51, -52, -53, AND 54) AYES: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro tem NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen and Mayor Boro Mayor Pro tem Phillips echoed the sentiments of Councilmember Miller, indicating he welcomed the project as a real addition to the community. COUNCILMEMBER REPORTS: FILE 9-1 15. a) St. Mark's School: - File 11-1 x 10-5 Mayor Pro tem Phillips reported that he and Community Development Director Bob Brown met with St. Mark's School representatives regarding their traffic issues. He anticipates feedback in connection with some points stressed in an effort to make the school's traffic more compatible with the neighborhood, indicating his belief that there would an adequate resolution. b) LOCAL AGENCY FORMATION COMMISSION (LAFCO) - File 149 Councilmember Heller reported that LAFCO is beginning to work through the list of sphere of influence for the different areas. Novato has been completed; however, Gnoss Field is still outstanding, hopefully to be resolved next month. She indicated that Southern Marin would be next, which would be a massive study in that it comprises some five communities, twelve sanitary districts and a lot of special districts. San Rafael would eventually be under consideration. c) Water Transit Authority: - File 9-1 Councilmember Heller reported that the Water Transit Authority is beginning to meet more than monthly, which is fascinating in that she is learning a lot about boats and enjoying it immensely. She reported having left a large packet of information for Mayor Boro, as he was unable to attend the meeting. There being no further business, the City Council meeting was adjourned at 9:02 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 06/17/2002 Page 9