HomeMy WebLinkAboutCC Minutes 2007-11-19SRCC Minutes (Regular) 11/19/2007 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY. NOVEMBER 19. 2007 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
None
Present: Albert J. Boro, Mayor
Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM - File 1-4-1a
Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: Waiih Aiib v. Citv of San Rafael
Marin County Superior Court Case No. 052663
Mayor Boro announced that the scheduled Closed Session was cancelled.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:05 PM
54 Fremont Road (lots 8 and 9) and applications to build 2 houses: - File 9-3-85 x 9-3-16 x 9-1
Sharlene Moss stated that in September, the West End Neighborhood Association (WENA) first expressed
concern to the City about proposed development at 54 Fremont Road. They believed that not only was the
property unsuitable for further development for several complex geological, topographical and public safety
reasons, but the City had illegally allowed the owner to divide it into two lots and begin the process of
obtaining permits to build two separate houses. The owner had been given until November 30, 2007 to
submit new applications to build on the property. Since a full response to their concerns would not be
received from the City until December, WENA wished to have the issue on record with the City Council
before that date.
Ms. Moss read from a document outlining their concerns.
Ms. Moss requested that the City refrain from accepting or processing any building applications for 54
Fremont Road until a final determination was made as to the legality of the division of the property into two
parcels, and to record a "Notice of Intention to record a Notice of Violation" per Government Code Section
66499.36. She stated they believed the split was illegal and violated several City ordinances.
Community Development Director Bob Brown stated that the City Attorney was investigating the Certificate
of Compliance with the Public Works Department and in the meantime, any processing of the application
would be held in abeyance.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
ITEM
2. Approval of Minutes of Special Meeting of
Monday, November 5, 2007 (CC)
3. Resolution Authorizing a Third Amendment to the
Agreement with Pacific Municipal Consultants
(PMC) for Interim Professional Planning Staffing
Within the Current Planning Section of the
Community Development Department
(Agreement Term: November 19, 2007 -
November 19, 2008, Not to Exceed $285,980.00)
(CD) — File 4-3-457 x 9-3-85
RECOMMENDED ACTION
Minutes approved as submitted.
RESOLUTION NO. 12376 —
RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE A
THIRD AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL
PLANNING SERVICES WITH PACIFIC
MUNICIPAL CONSULTANTS (PMC)
FOR INTERIM PROFESSIONAL
PLANNING STAFFING WITHIN THE
CURRENT PLANNING SECTION OF
SRCC Minutes (Regular) 11/19/2007 Page 1
SRCC Minutes (Regular) 11/19/2007 Page 2
THE COMMUNITY DEVELOPMENT
DEPARTMENT (Agreement Term:
November 19, 2007 through
November 19, 2008; amount not to
exceed $285,980.00)
4. Resolution Authorizing the City Manager to
RESOLUTION NO. 12377 —
Execute an Amendment to the Agreement for
RESOLUTION AUTHORIZING THE CITY
Professional Planning Services with Lamphier-
MANAGER TO EXECUTE AN
Gregory for Preparation of an Environmental
AMENDMENT TO THE AGREEMENT
Impact Report (EIR) for the Recreational Facility
FOR PROFESSIONAL PLANNING
at the San Rafael Airport Project
SERVICES WITH LAMPHIER-GREGORY
(Agreement Term: November 19, 2007 through
FOR PREPARATION OF AN
November 19, 2008; Amount not to Exceed
ENVIRONMENTAL IMPACT REPORT
$156,561.00) (CD) — File 4-3-460 x 9-3-85
FOR THE RECREATIONAL FACILITY AT
THE SAN RAFAEL AIRPORT
(Agreement Term: November 19, 2007
through November 19,2008; amount
not to exceed $156,561.00)
5. Monthly Investment Report for October, 2007
Accepted Monthly Investment Report
(Fin) — File 8-18 x 8-9
for month ending October, 2007, as
"AN ORDINANCE OF THE CITY OF SAN
presented.
6. Resolution of Appreciation for Mark Rinkel, RESOLUTION NO. 12378 —
Information Technology Manager (MS) — RESOLUTION OF APPRECIATION TO
File 102 x 9-3-87 MARK RINKEL, INFORMATION
TECHNOLOGY MANAGER
7. Resolution Authorizing the Public Works Director
RESOLUTION NO. 12379 —
to Execute an Amendment to the March 1, 2004
RESOLUTION AUTHORIZING THE
Professional Services Agreement with Amphion,
PUBLIC WORKS DIRECTOR TO
Inc., to Expand the Scope of Work for the
EXECUTE AN AMENDMENT TO THE
Medway/Canal Enhancement Project (# 10705),
MARCH 1, 2004 PROFESSIONAL
by an Amount Not to Exceed $70,559.00 (PW) —
SERVICES AGREEMENT WITH
File 4-3-379 x 9-3-40
AMPHION, INC. TO EXPAND THE
SCOPE OF WORK FOR THE
MEDWAY/CANAL ENHANCEMENT
PROJECT (#10705) BY AN AMOUNT
NOT TO EXCEED $70,559, FOR A
TOTAL PROJECT AMOUNT OF
$190,559
8. Second Readinq and Final Adoption of
Approved final adoption of
Ordinance No. 1862:
Ordinance No. 1862 (as amended re:
"AN ORDINANCE OF THE CITY OF SAN
Indemnification Provision Section
RAFAEL DELETING FROM THE SAN RAFAEL
11.04.030.040)
MUNICIPAL CODE CHAPTER 11.04 ENTITLED
"SIDEWALKS, DRIVEWAY APPROACHES,
CURBS AND GUTTERS", CHAPTER 11.06
ENTITLED "USE OF PUBLIC RIGHT-OF-
WAY", AND CHAPTER 11.08 ENTITLED
"EXCAVATIONS IN STREETS AND OTHER
PUBLIC PLACES", AND ADDING NEW
CHAPTER 11.04 TO THE SAN RAFAEL
MUNICIPAL CODE ENTITLED
"ENCROACHMENTS IN THE PUBLIC RIGHT-
OF-WAY" (PW) — File 2-11 x 9-3-40
9. Resolution Authorizing Temporary Street Closure
RESOLUTION NO. 12380 —
for Bananas at Large Live Drum Clinic on E
RESOLUTION AUTHORIZING
Street from Fourth Street to Fifth Avenue from
TEMPORARY STREET CLOSURE
2:00 p.m. to 10:00 p.m. on Friday, November 30,
FOR BANANAS AT LARGE TERRY
2007 (RA) — File 11-19
BOZZIO LIVE DRUM CLINIC ON E
STREET FROM FOURTH STREET TO
FIFTH AVENUE FROM 2:00 PM TO
10:00 PM ON FRIDAY, NOVEMBER
30, 2007
SRCC Minutes (Regular) 11/19/2007 Page 2
SRCC Minutes (Regular) 11/19/2007 Page 3
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Mayor Boro (from item #8 only, due to potential
conflict of interest.)
INTRODUCTION OF NEW EMPLOYEES:
10. Librarv: - File 9-3-61
Marlene Austin Jonathan Hirsch Margaret Stawowy
Michelle Hirsch Michael Oliva Gina Vaziri
Library Director David Dodd introduced the following new Library employees who had
previously been on-call employees.
Jonathan Hirsch — Circulation Library Assistant
Gina Vaziri — Library Assistant, Technical Services
Marlene Austin — Library Aide
Michael Oliva — Circulation Library Assistant
Margaret Stawowy — Librarian
Michelle Hirsch — Library Aide — was unable to be present.
Mayor Boro expressed thanks to all new employees and wished them a great career with the
City of San Rafael.
SPECIAL PRESENTATION:
11. PRESENTATION OF RESOLUTION OF APPRECIATION TO MARK RINKEL, INFORMATION
TECHNOLOGY MANAGER (MS) — FILE 102 x 9-3-87
Mayor Boro reported that Mark Rinkel had worked for the City since 1999 and had been a
tremendous asset in the area of Information Technology. The Resolution of Appreciation
indicated that Mark was hired as the City of San Rafael's first Systems Manager in 1999,
working in the Police and Fire Dispatch Departments, and made technology upgrades across
City departments, including the installation of citywide e-mail and calendar sharing network
applications.
Continuing, Mayor Boro stated Mark was promoted in 2004 to Information Technology Manager
and assumed the broader responsibilities of managing and overseeing all of the City's computer
networks, applications and telephone systems, and throughout his tenure with the City he was
recognized as a "can do" guy, who did whatever it took to get things done, which was
appreciated very much. He was very customer focused and his staff had been trained to do a
great job through his efforts to ensure that happened. Mark balanced his customer service
expectations with fun to the extent that the annual Halloween decorations rivaled the Little Shop
of Horrors.
Referring to the final paragraph of the Resolution, Mayor Boro stated it was alleged that he
(Mayor Boro) urged Mark to take risks, and he quoted: "WHEREAS, epitome of customer
service by Mark can be measured in how many times he provided cell phone and PDA
replacements for the Mayor, making sure that the backup and redundancy capabilities were
consistent with NASA specifications."
On behalf of the City Council, Mayor Boro thanked Mark for his eight years of dynamic
leadership, wishing him much luck in the City of San Francisco.
Mark Rinkel stated he had enjoyed working for the City of San Rafael. Beyond the technology,
he stated that the IT staff was outstanding and the City Council was a great support. He
commented that he was leaving comfortable in the knowledge that the IT staff would maintain
the high standard of customer service.
Mayor Boro requested that the following item be taken out of sequence due to the number of committee
members present:
COUNCIL CONSIDERATION:
OLD BUSINESS:
15. CONSIDERATION OF RESOLUTION APPOINTING THE MEMBERS OF THE CRITICAL
FACILITIES COMMITTEE (CM) — FILE 9-2-57
Councilmember Phillips reported that he and Mayor Boro met on several occasions to consider
the applicants for this committee and had selected 15 members. They felt very comfortable
with the committee, which was comprised of a broad cross-section of people both with
experience on the committee previously and those new to it, and the committee was well
represented in terms of professional capabilities.
SRCC Minutes (Regular) 11/19/2007 Page 3
SRCC Minutes (Regular) 11/19/2007 Page 4
Noting some members had served on this committee in the past, Mayor Boro stated the issue of
critical facilities for Fire, Police and Library were big issues for the community and not easy
ones to solve. He thanked everyone for agreeing to serve, also thanking Mark Lubamersky and
Paula Kamena for agreeing to take on the roles of Chair and Vice -Chair respectively.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 12381 — RESOLUTION AUTHORIZING THE ESTABLISHMENT OF
THE SAN RAFAEL CRITICAL FACILITIES COMMITTEE
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC HEARINGS:
12. Public Hearinq: -
CONSIDERATION OF ORDINANCE NO. 1863 AMENDING TITLE 12 OF THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL. BY AMENDING CHAPTERS 12.12. 12.14, 12.16, 12.20, 12.26,
AND 12.28 THERETO, ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION, WITH
AMENDMENTS, THE CALIFORNIA MECHANICAL CODE, 2007 EDITION, WITH AMENDMENTS,
THE CALIFORNIA PLUMBING CODE, 2007 EDITION, WITH AMENDMENTS, THE CALIFORNIA
ELECTRICAL CODE, 2007 EDITION. WITH AMENDMENTS, THE UNIFORM ADMINISTRATIVE
CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH
AMENDMENTS, THE UNIFORM HOUSING CODE, 1997 EDITION, WITH AMENDMENTS, THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, WITH
AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE
FOREGOING CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE
AMENDMENTS TO THE CALIFORNIA BUILDING CODE (CD) —
FILE 1-6-1 x 1-6-2 x 1-6-3 x 1-6-5 x 1-6-6 x 1-6-7
Thomas Ahrens, Fire Marshal/Chief Building Official explained that the State of California
typically had a tri -annual code adoption where they basically restructure all the construction
codes throughout the state. He indicated that for various political reasons this had not been
done recently because the state got into a small dispute concerning what code to use. The
normal tri -annual code adoption had been deferred for six years, and the City was operating on
the 2001 codes for Building, Electrical, Plumbing, Mechanical and Fire Code. It had finally been
decided, similar to most of the country, to go with the International Building and Fire Codes. Mr.
Ahrens noted this was a big change from using the Uniform Codes. He explained that the
International Codes were structured somewhat differently in that they were a blending of all the
three main code bodies throughout the country and as a result, a lot of changes had taken
place. He also noted it was a somewhat confusing year as California was late getting in on
these codes. They had been published since 2000 and many states had adopted these codes
over the past five years.
Mr. Ahrens reported that heavily modified, the books were almost double in size and it was
quite a challenge to incorporate into daily use; therefore, they would be monitored over the next
few years. He indicated that he had gone through all codes at length to try to make the new
codes fit the way business had been done as much as possible. In particular, he reported that
some new building standards dealing with construction in the wildland interface areas had been
initiated and noting changes would be seen in this respect over the next few years, he stated it
would also affect building finishes and how they were constructed, together with how vegetation
was dealt with.
Mr. Ahrens stated that basically the combustibility of building elements had been decreased in
these wildland interface areas and several local amendments dealt with this. Overall time limits
had been placed on building permits to try to help prevent the disruption that occurs in
neighborhoods with people continually working on their homes.
Mayor Boro declared the public hearing opened.
On the question of time limits, Councilmember Cohen inquired whether this could be applied
retroactively or to new permit applicants.
Mr. Ahrens stated it would only apply to permits issued after January 1, 2008.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Miller moved and Councilmember Phillips seconded, to approve final adoption
of Ordinance No. 1863.
SRCC Minutes (Regular) 11/19/2007 Page 4
SRCC Minutes (Regular) 11/19/2007 Page 5
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. Public Hearinq: -
CONSIDERATION OF ORDINANCE NO. 1864 AMENDING TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO,
ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION, WITH AMENDMENTS, AND
PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS, ADOPTING
ENFORCEMENT, PENALTY, AND APPEALS PROVISIONS FOR SUCH CODES, AND
ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES
(CD) — FILE 1-6-4
Mayor Boro declared the public hearing opened.
Fire Marshal/Chief Building Official Thomas Ahrens stated the same situation applied as for the
state codes. The City was operating on the 2001 Fire Code and would be updating to the 2006
International. He indicated that old language was being cleaned up to incorporate some of the
wildland interface areas and tighten up sprinkler requirements.
Councilmember Cohen confirmed that nothing in this ordinance restricted anything already
done. Mr. Ahrens stated that everything from previous code adoptions was being carried
forward, with additional small nuances.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Phillips moved and Councilmember Cohen seconded, to approve final adoption
of Ordinance No. 1864.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. Public Hearinq: -
CONSIDERATION OF A RESOLUTION APPROVING THE REISSUANCE BY THE SAN
RAFAEL REDEVELOPMENT AGENCY OF MULTIFAMILY HOUSING REVENUE BONDS,
RELATING TO MARTINELLI HOUSE MULTIFAMILY HOUSING PROJECT (1327 LINCOLN
AVENUE) (RA) — FILE 13-16 x 229 x (SRRA) R-467 x R-173
Mayor Boro declared the public hearing opened.
Economic Development Coordinator Stephanie Lovette explained that the City Council under
the IRS regulation was the elected representative rather than the San Rafael Redevelopment
Agency; therefore, it was necessary for the City Council to conduct the hearing.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 12382 — RESOLUTION APPROVING THE REISSUANCE BY THE SAN
RAFAEL REDEVELOPMENT AGENCY RELATING TO
MARTINELLI HOUSE MULTIFAMILY HOUSING PROJECT
(1327 Lincoln Avenue)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCILMEMBER REPORTS:
16. None.
There being no further business, Mayor Boro introduced his son Michael who was visiting from back
East, and 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) 11/19/2007 Page 5