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HomeMy WebLinkAboutCC Minutes 2009-04-20SRCC Minutes (Regular) 04/20/2009 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 20, 2009 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:30 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 6:30 PM Present: Albert J. Boro, Mayor Barbara Heller, Vice -Mayor Greg Brockbank, Councilmember Damon Connolly, Councilmember Cyr N. Miller, Councilmember Absent: None 1. Conference with Labor Negotiators— Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein, Ken Nordhoff Employee Organization(s): San Rafael Fire Chief Officers' Assn. Western Council of Engineers San Rafael Firefighters' Assn. Assn. of Confidential Employees San Rafael Police Mid -Management Assn. SEIU Miscellaneous & Supervisory San Rafael Police Association SEIU Child Care Unit Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM Hiqh Occupancy Toll (Hot) Lanes and AB 744: - File 170 Jim Schmidt reported that on Wednesday, April 22, 2009, the Metropolitan Transportation Commission would act on a proposition to establish an 800 -mile network of what used to be High Occupancy Lanes and make them High Occupancy Toll Lanes. This would include Marin County, and one of the studies showed the "hot lane" going through the Gap, which was just funded by $160 million in tax money. Mr. Schmidt stated there was evidence from independent analysis (copy submitted to City Clerk) that suggested revenue projections were wildly optimistic. In addition, the first $2 billion of funding from toll lanes would go to Alameda and Santa Clara Counties to complete the BART extension to Santa Clara. Indicating that this action is authorized, pending, by AB 744 in Sacramento, Mr. Schmidt stated that this legislation does not serve Marin interests in that it precludes any jurisdiction from opting not to implement "hot lanes" dictated by the regional authority and Caltrans. He noted that the Transportation Authority of Marin had scheduled a workshop on April 28, 2009, at Redwood High School, at 6:00 p.m., and he urged City Councilmembers to attend. He noted that representatives from Alameda and Santa Clara Counties Congestion Management Agencies would be in attendance. Also, of note was a proposed study in Marin focusing only on cost, design and operation and he urged a much broader study on the consequences and alternatives. Enerqv Efficiencv Conservation Block Grant: - File 9-1 David Haskell stated that the proposed Energy Efficiency Conservation Block Grant was anticipated to be an annual sum of money that could be invested in public conservation opportunities. He would like the City Council to see this as a revolving fund so that investment in energy efficiency would be tracked, the department having SRCC Minutes (Regular) 04/20/2009 Page 1 SRCC Minutes (Regular) 04/20/2009 Page 2 the expenditure could track and monitor the savings, which would be paid back to the fund and the fund would operate in perpetuity. He believed this to be an excellent idea and one the City Council should entertain. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows. ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular City Council Meeting of Minutes approved as submitted. April 6, 2009 (CC) Report on Annual Filings — Fair Political Practices Accepted report. Commission Form 700, Statement of Economic Interests for Designated Employees, Including Consultants, Design Review Board, Downtown Business Improvement District Board, Geotechnical Review Board, and Park and Recreation Commission (CC) — File 9-4-3 4. Resolutions of Appreciation for Members of the Green RESOLUTIONS OF APPRECIATION Ribbon Committee and Green Teams (CD) — FOR MEMBERS OF THE GREEN File 102 x 13-1 RIBBON COMMITTEE AND GREEN TEAMS: 12691 — PHIL ABEY 12692 — PAULINE BASSARAN 12693 — JOE BUNKER 12694- BILL CARNEY 12695- JENNIFER CHAPMAN 12696- KATE COLIN 12697- CHRISTIENNE DE TOURNAY BIRKHAHN 12698- PAUL FERRERI 12699- DAVID HASKELL 12700- JENNIFER HEWITT 12701- JENNIFER ISLAS 12702- KAY KARCHEVAKI 12703- ROBERT KARFIOL 12704- KIKI LA PORTA 12705- MAIKA LLORENS GULATI 12706- MARIO LOPEZ 12707- DON MAGDANZ 12708- CASEY MAZZONI 12709- LISA MAX 12710- ELLEN OBSTLER 12711 - DEBBIE RAPHAEL 12712- PAM REAVES 12713- SANDRA SELLINGER 12714- SUE SPOFFORD Summary of Legislation Affecting San Rafael (CM) — Approved staff recommendation: File 116 x 9-1 AB 128 — Workers' Compensation: Cancer Presumption — Assembly Member Coto - OPPOSE 6. Resolution Approving Acceptance and Use of a Marin RESOLUTION NO. 12715 — Community Foundation Grant in the Amount of $25,000 RESOLUTION APPROVING for Support of Falkirk's Arts Education Program ACCEPTANCE AND USE OF A MARIN SRCC Minutes (Regular) 04/20/2009 Page 2 Learning to Look (CS) — File 9-3-84 x 226 Monthly Investment Report for Month Ending March, 2009 (Fin) — File 8-18 x 8-9 Resolution Authorizing and Approving the Borrowing of Funds for Fiscal year 2009-2010; the Issuance and Sale of a 2009-2010 Tax and Revenue Anticipation Note and Participation in the California Communities Cash Flow Financing Program (Fin) — File 8-13-9 x 8-14 Resolution Approving a Voluntary Retirement Separation Program for Eligible City Employees (MS) — File 7-1-26 SRCC Minutes (Regular) 04/20/2009 Page 3 COMMUNITY FOUNDATION GRANT OF $25,000 TO SUPPORT FALKIRK'S ARTS EDUCATION PROGRAM "LEARNING TO LOOK" Accepted Monthly Investment Report for Month Ending March, 2009, as presented. RESOLUTION NO. 12716 — RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2009-2010; THE ISSUANCE AND SALE OF A 2009- 2010 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM RESOLUTION NO. 12717 — RESOLUTION APPROVING A VOLUNTARY RETIREMENT SEPARATION PROGRAM FOR ELIGIBLE CITY EMPLOYEES 10. Resolution Amending the City's Public Agency RESOLUTION NO. 12718 — Retirement System (PARS) Defined Contribution Plan RESOLUTION AMENDING THE CITY'S (MS) — File 7-1-36a x 7-4 PUBLIC AGENCY RETIREMENT SYSTEM (PARS) DEFINED CONTRIBUTION PLAN 11. Resolution Approving Use of Bay Area Community Resources Grant Funds in the Amount of $7,500 for Alcohol Compliance Check Operations by June 30, 2009 and Authorizing the Mayor to Execute the Memorandum of Understanding (PD) — File 9-3-30 12. Resolution of Appreciation for Beth Minka, Employee of the Quarter Ending March, 2009 (PD) — File 102 x 9-3-30 13. Resolution Approving Use of State Homeland Security Funds in the Amount of $38,715 for Equipment Purchase (PD) — File 9-3-30 14. Report on Bid Opening and Resolution Awarding Contract for Third Street & Union Street Improvement Project, Project No.: 11025, to Ghilotti Construction in the Amount of $718,733.08 (Bid Opening held on April 15, 2009) (PW) — File 4-1-608 RESOLUTION NO. 12719 — RESOLUTION APPROVING USE OF BAY AREA COMMUNITY RESOURCES GRANT FUNDS IN THE AMOUNT OF $7,500 FOR ALCOHOL COMPLIANCE CHECK OPERATIONS BY JUNE 30, 2009, AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING RESOLUTION NO. 12720 — RESOLUTION OF APPRECIATION FOR BETH MINKA, EMPLOYEE OF THE FIRST QUARTER OF 2009 RESOLUTION NO. 12721 — RESOLUTION APPROVING USE OF STATE HOMELAND SECURITY FUNDS IN THE AMOUNT OF $38,715.00 FOR EQUIPMENT PURCHASE RESOLUTION NO. 12722 — RESOLUTION AWARDING A CONTRACT FOR THIRD STREET AND UNION STREET IMPROVEMENT PROJECT, PROJECT NO. 11025, TO GHILOTTI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $718,733.08 SRCC Minutes (Regular) 04/20/2009 Page 3 15. Accept Completion of the 2008 ADA Curb Ramp Project (Project # 15006) and Authorize the City Clerk to File a Notice of Completion (PW) — File 4-1-606 x 13-1-1 16. Resolution Approving the Dedication of 2,480 Square Feet of City Owned Property From Assessor's Parcel Number 014-101-07 to the Public Right -Of -Way, and Authorizing the City Manager and City Clerk to Execute and Record any Documents that may be Required to Effectuate such Dedication (PW) — File 2-2 17. Adopt Plans and Specifications for the Street Resurfacing American Recovery and Reinvestment Act 2009 Project #11108, and Authorize the City Clerk to Call for Bids (PW) — File 4-1-610 18. Resolution of Appreciation for Tallia Hart, Retiring President/CEO, San Rafael Chamber of Commerce (RA) — File 102 x SRCC Minutes (Regular) 04/20/2009 Page 4 Accepted report and authorized City Clerk to file a Notice of Completion. RESOLUTION NO. 12723 — RESOLUTION APPROVING THE DEDICATION OF 2,480 SQUARE FEET OF CITY OWNED PROPERTY FROM ASSESSOR'S PARCEL NUMBER 014- 101-07 TO THE PUBLIC RIGHT-OF- WAY, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND RECORD ANY DOCUMENTS THAT MAY BE REQUIRED TO EFFECTUATE SUCH DEDICATION Approved staff recommendation. RESOLUTION NO. 12724 — RESOLUTION OF APPRECIATION FOR TALLIA HART, RETIRING CEO/PRESIDENT, SAN RAFAEL CHAMBER OF COMMERCE AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Connolly, from minutes of 4/6/09 only, due to absence from meeting. SPECIAL PRESENTATIONS: 19 20 21 PRESENTATION OF RESOLUTION OF APPRECIATION TO POLICE OFFICER ERIC HOOT, EMPLOYEE OF THE QUARTER ENDING DECEMBER, 2008 (PD) — FILE 102 x 9-3-30 On behalf of the City Council and citizens of San Rafael Mayor Boro congratulated Eric Huot on being selected Employee of the Quarter Ending December, 2008 and presented him with a Resolution of Appreciation. Expressing thanks, Eric Huot stated that this was an honor and San Rafael was a great city to work for PRESENTATION OF RESOLUTION OF APPRECIATION TO BETH MINKA, ADMINISTRATIVE TECHNICIAN, EMPLOYEE OF THE QUARTER ENDING MARCH, 2009 (PD) — FILE 102 x 9-3-30 On behalf of the City Council and the San Rafael community, Mayor Boro congratulated Beth Minka on being selected Employee of the Quarter ending March, 2009 and presented her with a Resolution of Appreciation. Expressing thanks, Beth Minka stated this was quite an honor. PRESENTATION OF RESOLUTION OF APPRECIATION TO TALLIA HART, RETIRING PRESIDENT/CEO, SAN RAFAEL CHAMBER OF COMMERCE (RA) — FILE 102 SRCC Minutes (Regular) 04/20/2009 Page 4 SRCC Minutes (Regular) 04/20/2009 Page 5 Mayor Boro congratulated Tallia Hart on being selected President/CEO of the Orange County Chamber of Commerce. On behalf of the entire community of San Rafael, he wished her well and presented her with a Resolution of Appreciation. Tallia Hart thanked Mayor Boro, the City Council and City staff for their friendship, support and guidance. PUBLIC HEARING: 22. CONSIDERATION OF SAN RAFAEL CLIMATE CHANGE ACTION PLAN (CD) — FILE 13-1 x 9-3-85 Community Development Director Bob Brown introduced Co -Chairs of the Green Ribbon Committee, Kate Colin and Jennifer Islas. Kate Colin. Co -Chair, reported that the Green Ribbon Committee, consisting of 17 members, started last spring and held meetings over the year together with the Green Teams, consisting of 16 members. In addition, she reported that they held a visioning session last summer where over 300 ideas were acquired, and an open house took place in January. She displayed photographs from the visioning session and open house. Kiki La Porta, Green Ribbon Committee and President of Sustainable San Rafael, gave a PowerPoint presentation on the Climate Change Action Plan. Discussing how the target could be reached, Paul Ferreri reported that 48 recommended programs had been outlined for implementation, grouped as follows: • Lifestyle — Smart programs - Locate housing and jobs near transit centers. Transportation infrastructure Zero waste • Building — Support Marin Energy initiative in efforts not only to green the power supply but increase the supply of renewables into the grid Achieve 20% energy efficiency in all existing buildings Provide bond -financing program for energy efficiency upgrades • Environment - Evaluate inventory of established strategies to increase tree and vegetation cover Isolate areas for community and home gardens Encourage sustainable agriculture Evaluate the levee system and work with current emergency planning system • Economy — Promote green businesses and job creation. Mr. Ferreri believed there was a lot of momentum currently, which should be sustained. Should resources be available, he believed a Sustainability Commission would be a way to quarterly or yearly review the plan, also focusing on regional, state and federal actions. Community Development Director Bob Brown stated that in terms of making the 25%, the City would receive credit for the reduction in congestion on Highway 101 with the Gap Closure, and SMART Train would also provide some benefits. The Green Building Ordinance would deal with remodels; however, since there was so little new construction in San Rafael, the benefits would not be great. Mr. Brown stated that if the City truly could meet the goal of trying to get 20% energy efficiency across all buildings, this would be an area of significant gain. When compared to all 46 programs in the plan, they were less than what could be obtained from energy efficiency in existing buildings; therefore, this had to be significant focus. As mentioned by Mr. Ferreri, greening the power supply and increasing renewables, either through Marin Energy Authority or PG&E, etc. was also a very important component of this planning effort, together with the additional 10% the Committee desired to achieve through community actions, state and federal. SRCC Minutes (Regular) 04/20/2009 Page 5 SRCC Minutes (Regular) 04/20/2009 Page 6 In conclusion, Jennifer Islas, on behalf of The Green Ribbon Committee thanked the City Council for carefully reading all the documentation submitted. She also thanked Mr. Brown and Linda Jackson, Principal Planner for their guidance throughout the process. She expressed thanks for having been given the opportunity to make a difference. She stated that to ignore the gravity of the task at hand, to ignore this call to action was to condemn the planet, country, state, the City of San Rafael and all its families to a bleak or even non-existent future. She hoped they had communicated the urgency of the situation and the potential to work collaboratively as a City and community of informed and very proactive citizens to make the necessary changes and realistically accomplish the goals established in the plan. She believed all had to assume both personal and professional responsibility by recognizing their roles both in the cause of the problem and more importantly, their roles in the solution. Ms. Islas thanked the City Council in advance for approving the resolution adopting the San Rafael Climate Change Action Plan. Community Development Director Bob Brown noted that adoption of this plan would put San Rafael among the first waive of cities making a very serious effort at addressing climate change. He noted public policy was finally coming into complete alignment in this country and the state was actively working on determining how it would implement AB32. The Federal government was stepping up, not only with policy, but with funding to back up that policy direction. Mr. Brown noted that just last Friday, the EPA (Environmental Protection Agency) made a finding that they would regulate CO2 emissions and were admitting that CO2 concentrations were indeed harmful to the public health and welfare. The PUC (Public Utilities Commission) was putting their muscle and funding might behind a push to increase energy efficiency and renewables and many agencies and private entrepreneurs were attempting to put together innovative and positive funding programs for energy efficiency upgrades and renewables. Transportation and planning agencies, on a regional basis, would be joining hands to develop a land use plan and transportation plan that would reduce CO2 emissions. Noting a lot had to be done, Mr. Brown stated he was not suggesting the City was starting from scratch because San Rafael was already engaged in many of the efforts outlined in the Climate Change Action Plan. For example, San Rafael was a participant in Marin Energy Authority, was working with the Sanitation Agency and Marin Sanitary Service to look at means of implementing some anaerobic digestion to eliminate organic waste and generate power, was working with SMART (Sonoma/Marin Area Rail Transit) as they moved forward with their station designs and system implementation. Smart Growth efforts were continuing and great strides were being made in implementing Bicycle and Pedestrian upgrades. The City fleet was being improved with hybrids and bio -fuels, some energy efficiency upgrades had been carried out, with the opportunity to do more with the new Federal Stimulus Funds, Tree Committee, etc., and the City had been very engaged in the last few years, at Council's direction, in emergency planning. All of these efforts were in place and would be built upon. Mr. Brown stated that the details were referenced in Appendix B - Implementation Matrix, which lists the greenhouse reductions expected from each program. It indicates the relative timeframe and prioritization of these programs in terms of when they would be worked on, which departments or agencies would have prime responsibility for each of the programs and he believed, for the first time in a City document, staff had included matrix as to how success would be monitored over time. Data sources to be referred to to measure the project were indicated and for each program, a numeric goal had been included for the year 2020. Indicating that this was a very rapidly evolving field with a great deal of information and ideas, Mr. Brown stated it would be easy to be sidetracked and go down various paths. He indicated that one of the main benefits of the Plan was that it would maintain staff focus.. He explained that all the programs had been publicly evaluated and prioritized to determine which would be the biggest bang for the buck and biggest yield for the effort; therefore, the focus would need to be on implementing those things. He noted many other ideas would arise in the interim. These would be catalogued and addressed and considered in a year or two when evaluating how implementation was proceeding and whether or not to reprioritize some of the other ideas; however, for the time being it would be necessary to move on the 48 programs: Outlining some of the short-term programs, Mr. Brown stated it was a very ambitious list: Staff would work very expeditiously on Bond Financing Energy Retrofit Program - Countywide in a collaborative effort Green Building Ordinances Countywide SRCC Minutes (Regular) 04/20/2009 Page 6 SRCC Minutes (Regular) 04/20/2009 Page 7 • Zoning Ordinance Updates • MMWD Water Conservation Ordinance • Construction Debris Recycling Ordinance Countywide • Hazardous and Solid Waste JPA — Zero Waste Plan • Proposal for tipping fee on Landfill to fund waste reduction efforts • Waste Franchise Rate Structure with Marin Sanitary Service to try to incentivize minimization of the waste stream • Green Purchasing Program in San Rafael • Work with SMART on station designs and access to them • Work with Private Sector for infrastructure for plug-in vehicles • Adopt policy for City vehicle idling to reduce gas consumption • Adopt ordinance for parking lot landscaping • Monitor sea level increases • Promote Green jobs and businesses • Create Green Website • Green Festival • Analysis in staff reports of how development projects meet this new proposed plan • Prepare Annual Reports • Monitor Reductions • Appoint Sustainability Coordinator — Mr. Brown would assume some of that role in the near-term with some shifting of job responsibilities • Proposal to appoint Sustainability Commission With regard to a Sustainability Commission, Mr. Brown stated this was the one difference staff had with the recommendations, at least in the near term, and had to do with the City's budget situation. While staff appreciated very much the interest the community had in continuing volunteer efforts to make these programs a reality, the care and feeding of a Commission involved staff time and given the limited resources in the near term, staff would like to focus those resources on really hard implementation efforts. As staff wanted the process to be as transparent as possible, Mr. Brown suggested that at least initially, instead of appointing a commission, staff would hold quarterly sessions with members of the Green Ribbon Committee, Green Teams, community organizations such as Sustainable San Rafael and the Chamber of Commerce, to go over the implementation, what had been done, future plans and solicit ideas, etc. Mr. Brown thanked the City Council, volunteers, City staff and especially, Linda Jackson for their efforts. Councilmember Miller noticed in the staff report and presentation the report out was to the environmental community and since this was basically a sustainability operation there should be representation from social equity as well as economic in the reporting out. Mayor Boro declared the public hearing opened. Roger Roberts, Marin Conservation League (MCL), applauded the City and the Green Ribbon Committee for generating this Climate Change Action Plan. In its implementation, it was not clear from the staff report as to what would be done immediately. Mr. Brown elaborated on that this evening and he was heartened that staff already had ideas on what the low hanging fruit was and would proceed with the more effective measures sooner rather than later, which was very encouraging. As an additional thought, he noted that some years ago there was a program in the County that subsidized student rides on public transit to and from school. It was a very successful program and resulted in a considerable drop in peak morning and afternoon school traffic. Mr. Roberts encouraged the City to join with the County and other cities in developing a funding mechanism that was shared throughout the County and community that would go a long way towards reducing vehicle miles traveled for that purpose. He believed this should be added to the program agenda. Jonathan Frieman, Co -Founder, Transition Towns — a movement helping local communities move from oil dependence to local resilience. He commented that if the pledge was to reduce greenhouse gases, that would be fine; however, he believed that given what was known for some time, this did not go far enough, especially with regard to the other three large issues to be faced aside from climate change: SRCC Minutes (Regular) 04/20/2009 Page 7 SRCC Minutes (Regular) 04/20/2009 Page 8 peak oil, species extinction and population overshoot. Specifically, in some areas such as local food production, additional policy efforts were needed -- not mere encouragement. There needed to be very strong leadership and assertiveness as peak oil moved in the form of high-energy prices due to lower supply. With regard to what happens as the climate warms -- literally as the south moves north -- Mr. Frieman stated disease was a possibility; therefore, he urged consideration be given to community clinics and quarantine locations. Mr. Frieman reported that Kiki La Porta invited him to ascertain whether there was some overlap that the sea cup had into peak oil. He indicated that in the Lifestyle section, transportation efforts and waste reduction would alleviate the effects of peak oil. In the Building section, local products would be needed more and more as infrastructure was rebuilt. Having seen the slide of where the water might be, Mr. Frieman inquired whether this called into question what was going on currently with the Canalfront and whether this might need to be assessed. He believed there needed to be strong emergency planning and community awareness of climate change and peak oil. This could be accomplished by visiting the neighborhoods and community organizations and use the current efforts by Sustainable San Rafael in the burgeoning effort of transition towns. He believed the economy could balance out as re -skilling took place. This type of evolution needed to be engendered and undergone now and he favored the words "energy evolution" rather than "peak oil". Mr. Frieman commented that energy evolution was arriving much faster than climate change and he strongly suggested that the Sustainability Commission consider a Peak Oil Taskforce. Mr. Frieman believed this to be a great first effort that needed to go further and he would be happy to assist in the implementation of these suggestions. Bill Carnev, Vice -President, Sustainable San Rafael, pledged to do everything within their power, both as an organization and individuals, to work with the City Council, staff and the entire community to assist in implementing this critical plan. He stated they were reaching out and requesting fellow citizens and businesses to mobilize their collective energy in order to achieve the ambitious goals of the plan, especially the 10% carbon reduction. They recognized the economic constraints; however, also saw opportunities for transformative change in the challenges being experienced as a community, a nation and planet. Learning to live and flourish within the constraints of the earth was the definition of sustainability. They enthusiastically engage that task and called on others to work together to build the future all were trying to achieve. Emphasizing that this could be done, Mr. Carney noted that global climate change was a huge but solvable issue. He noted that although local government might only be able to achieve 15% carbon reduction by 2020, as an individual, he could go out today and using existing technologies, reduce his contribution to the community's carbon footprint by the full 80%: • Renewable energy solar panels • Electric vehicles • Reduce, reuse, recycle and compost to zero waste As an individual, Mr. Carney stated he could call on his elected representatives, using his cellphone, to enact the large-scale systemic changes that would allow San Rafael to meet these goals, both an individuals and as a community. He indicated that Sustainable San Rafael looked forward to working with the City Council, Bob Brown and his great staff, everyone in the community and someday soon with a diverse and representative Sustainability Commission, as resources allowed, to bring about a sustainable city in a thriving and stabilized global climate. Bob Spofford, Sustainable San Rafael, congratulated everyone on a superb job. He believed the City Council had a very big job and needed to use the bully pulpit constantly. He noted that this was the beginning of approximately 50 years of the hardest work governments anywhere in the world had ever done in terms of commitment, leadership, education and motivation needed. In terms of the economic situation, he suggested that in an odd sort of way this could be a good thing. A new culture would emerge over the coming years, which would look more like the non-profit world than the government world in terms of creative scrambling and scrounging for money simply because the pace of government would pick up and move faster. SRCC Minutes (Regular) 04/20/2009 Page 8 SRCC Minutes (Regular) 04/20/2009 Page 9 David Schonbrun, TRANSDEF, an environmental non-profit focused on sustainable transportation, stated he wanted to present an idea for the longer term. He noted there was a pink bar in one of the charts that was the contribution for transportation emissions reduction — the smallest bar — yet transportation was the largest emissions generating sector, specifically from motor vehicles. He noted the letter his organization submitted and included in this evening's packet outlined an idea for the future, which would require leadership and bringing the community together. Mr. Schonbrun stated the basic idea was that the community would not move out of its dependence on single -occupant vehicles until such time as there was convenient transit, at least every fifteen minutes. He noted the issue of funding for transit was not addressed in this plan; however, they believed that every trip someone took from their home almost always ended up at some commercial location, and should there be a charge for parking at that site, then every trip would be a moment of thinking "do I want to ride my bike there, do I want to take a bus, drive or carpool there?" He believed this was not done because parking was free, which had caused tremendous distortions in how trips were allocated. He suggested that in the longer term, a multi -jurisdictional compact that set parking taxes was the way to substantially reduce single -occupant driving in Marin. He believed there must be a cost for driving and that revenue was needed to provide the convenient alternatives. David Haskell, Sustainable San Rafael and Green Team member, believed there was a notion that this was a time of poverty and constraint and in greening lives, the tax system must also be greened. He noted that one of their consistent recommendations was the importance of a mitigation fee on disposal of garbage, which would pay for the initial work required for this plan. Commenting that Marin was one of the richest counties in the entire country, he believed the capacity existed to meet this problem in an effective and efficient fashion. Indicating that this was a meaningful process, Mr. Haskell thanked Kiki La Porta, Sue Spofford, the Green Ribbon Committee and Green Teams for their wonderful work. John Duvall, Sustainable San Rafael and Dominican University, pointed out that this was a wonderful example of volunteer citizens and public servants working together. He noted the term "food security" was never mentioned and to be really serious about the possibility of peak oil, it was necessary to look at what a sustainable San Rafael and Marin County looked like from a food point of view. With regard to the issue of water infrastructure, he believed this was definitely the largest user of electricity and maybe as much as 25% of total electrical use. Noting most of the pipes and pumps were old, he stated that without a functional water infrastructure, which could be a challenge in a peak oil world, it did not really matter what else was done. Also, it would be necessary to evaluate the effect of sea levels rising, and social services must be given careful consideration. Mr. Duvall stated that should projections about fossil fuel shortages prove to be accurate there could be waves of unemployment and people without health service. Noting the solutions to these problems were multi-level, he stated the City needed to evaluate what it could do to deal with significantly larger numbers of unemployed or those without health insurance should the Federal or State governments be unable to contribute. He again thanked everyone for all the wonderful work put into this plan. Gerry Balleto, President, Lincoln San Rafael Hill Neighborhood Association, favored and supported the plan. Darcv Revnolds, Secretary, Sustainable San Rafael, discussed their commitment to community outreach. While there was a certain level the City could do, individuals and businesses would be the major players in reducing green house gases. Therefore, the community outreach effort being planned by Sustainable San Rafael would deal with alternative transportation, significant energy reduction, and effective presentations and meetings to work towards these objectives. She reported that last year in Juno, Alaska, because of an avalanche, they lost all of their transmission lines from their hydro -electric power. The city was using diesel generators which increased their energy costs five times. However, in a period of three weeks they reduced their energy consumption by 40%. This was through community outreach and significant technical advice from Lawrence Livermore Lab. Ms. Reynolds stated the City of San Rafael could do this. Kiki La Porta, Green Ribbon Committee, thanked the City Council for allowing this to happen, Bob Brown for being a fantastic partner and guiding light and Linda Jackson. She noted that Bill Carney had led the effort for Sustainable San Rafael for the Climate Change Action Plan work. With regard to what a little city could do to mitigate global climate change impacts, she stated San Rafael was doing it with the Climate Change Action Plan. San Rafael could join hands with other cities, regions, nations and the world SRCC Minutes (Regular) 04/20/2009 Page 9 SRCC Minutes (Regular) 04/20/2009 Page 10 and together inspire, educate and make the systemic changes needed to empower a new beautiful and sustainable world. She wished everyone a "Happy Earth Day." There being no further comment from the audience, Mayor Boro closed the public hearing. On behalf of the City Council Mayor Boro thanked everyone for their efforts over the past year, noting new ground was being broken. Bob Brown and Linda Jackson had done a great job assisting with this effort, together with the Co -Chairs; however, individually, everyone was very dedicated. Echoing the comment of a few moments ago, Mayor Boro stated that "the City can do whatever it can do and will do with the things we control, but it is really the residents of this City and the businesses of this City that we need to mobilize and outreach to." He noted that people would listen and want to change. It could be difficult at this point; however, there would be a good time to do something. He believed some businesses had ascertained that in spending more money at the outset, in the long term they would be far ahead by being efficient in how they build buildings, etc. Mayor Boro noted that at this week's meeting of the Marin County Council of Mayors and Councilmembers there would be discussions on working together on ordinances with respect to remodeling, both residential and business, and general code issues that could be common between each city and town. On Thursday, Mr. Nordhoff would do something similar with the City and Town Managers. Councilmember Connolly stated he "felt the love." He indicated it was truly an honor to work personally as a member of the Green Ribbon Committee along with Councilmember Miller. He noted a tremendous staff effort on the parts of Bob Brown and Linda Jackson and an extraordinary effort by the community stepping up. Kate Colin and Jennifer Islas, Co -Chairs, Green Ribbon Committee and Green Teams committed a tremendous amount of volunteer hours, which highlighted the best of the community. Not only was it as effort and opportunity to show off San Rafael's values and priorities, rather it also demonstrated the talent and commitment available. Councilmember Connolly noted that some ambitious goals were set a year ago and the result was a document that not only set forth the high ideals for the kind of community and world to live in, but it also offered real world solutions for achieving workable goals that would improve the environment and economy. He added that it was done in a very concise and readable format and would provide San Rafael with a usable blueprint that would be built upon. Councilmember Connolly believed the City should continue to work on goals such as establishing a Sustainability Commission. Concurring with Councilmember Connolly, Councilmember Miller stated that he heard the "call to action" and encouraged everyone to mobilize. Vice -Mayor Heller was very pleased to see and hear the enthusiasm and thanked the community for working so well with staff and helping to assist the City on this great journey. Councilmember Brockbank believed this was one of the most important undertakings in the City. He indicated he had never been prouder of being a member of this City Council and City and the incredible people, including Bob Brown and Linda Jackson, who put the Climate Change Action Plan together. He understood the strong desire to have a Sustainability Commission, but agreed that the best commissions required staff time and it might be a better use of staff time to implement the programs outlined. He looked forward to more and more items being checked off the list each year. Councilmember Connolly moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12725— RESOLUTION TO ADOPT THE SAN RAFAEL CLIMATE CHANGE ACTION PLAN AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 04/20/2009 Page 10 SRCC Minutes (Regular) 04/20/2009 Page 11 SPECIAL COMMUNITY PRESENTATIONS: 23. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO MEMBERS OF THE GREEN RIBBON COMMITTEE AND GREEN TEAMS (CD) — FILE 102 x 13-1 x 9-3-85 Mayor Boro stated that the Resolutions described the role of each member on his or her committee, and on behalf of the City Council, he expressed thanks for the work done for the City of San Rafael. Mayor Boro presented Resolutions of Appreciation to the members of the Green Ribbon Committee and Green Teams. OTHER AGENDA ITEMS: 24. REPORT AND RECOMMENDATION REGARDING FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PUBLIC SAFETY BYRNE JAG COMPETITIVE GRANT (PD) FILE 279 x 9-3-30 Chief of Police Matt Odetto reported that for quite some time staff had been charged to seek out additional moneys through grant opportunities to help pay for and enhance existing City services. At the City Council meeting of April 6, 2009, Deputy City Manager Nancy Mackle briefly covered some of the grant opportunities available to the City through the Federal American Recovery and Reinvestment Act (ARRA). Specifically, this evening, the public safety component of the Byrne Jag Grant would be discussed, and Lieutenant Ralph Pata would make the presentation. Lieutenant Ralph Pata summarized the staff report explaining that the San Rafael Police Department recently explored the benefits of participating in a competitive statewide grant program offered by the federal government as part of the ARRA. The competitive grant is a Byrne Justice Assistance Grant (JAG). The grant under consideration was specifically designed to enhance customer service and community policing commitments to citizens. Lieutenant Pata stated that the San Rafael Police Department had done its best to identify and provide the services the community had indicated through surveys were important to them. The Police Department realized and was committed to the notion that customers deserved the level of service that enhanced the quality of their lives and that customers were not just valued citizens, rather were also valued businesses, educators and people from all walks of life who came to San Rafael to enjoy the diverse community, etc. He indicated that this grant would give back to the community time and resources for Police Officers to more effectively and efficiently employ the community policing program and crime suppression tasks, also providing accurate, close to real time analytical information that would help the department deploy its resources responsibly and intelligently. The goal to enhance the commitment to the community would be accomplished by the desire to employ four police service specialists and one crime analyst under the guidelines of the grant. Lieutenant Pata reported that the grant had a two-year commitment that required very little from the Police Department in terms of executing the program. It was virtually a turnkey operation and one planned and prepared for, subject to City Council approval in pursuing the grant. Start-up costs were minimal and could be managed within current budget constraints. In conclusion, Lieutenant Pata stated that police staff recommended City Council approval to apply for this grant. Councilmember Heller inquired whether the project was renewable. Lieutenant Ralph Pata stated he would research this. Councilmember Heller inquired whether staff had evaluated selling services to surrounding city police departments. Lieutenant Pata stated that the San Rafael Police Department was open to working with outside agencies. SRCC Minutes (Regular) 04/20/2009 Page 11 SRCC Minutes (Regular) 04/20/2009 Page 12 Concurring, Councilmember Mayor Heller stated she favored having the serviced paid for also Mr. Nordhoff stated it was anticipated that the grant would run for just two years. Staff would be looking at how these services could be continued, depending upon success, and long before the end of the two- year cycle. Chief of Police Odetto believed this to be a great opportunity for the Police Department to get an incredible amount of staff added at zero cost to the City. This will create efficiencies within the community and Police Department to respond to Priority 2 and Priority 3 calls, which would free up other officers to maintain their patrol status. Erica Erickson, Grassroots Leadership Network, requested that the City Council and staff consider diversity in the grant writing for this grant. She indicated they had just completed a process of updating their Action Agenda and one of the issues that arose as a priority was improving community and police relationships in future years. She realized this came with making an effort to increase diversity in the staff of the police department and this was a great opportunity. She invited the Police Department to work with local grassroots groups and organizations in `high crime" areas as well as consider bilingual and bicultural police officers. Gavle Theard, Tenants Voice Council of Marin, applauded the decision to take on this grant and add more officers. She believed more diversity training was needed, as racial profiling existed. More education was needed, together with a diverse population of officers. Chief of Police Matt Odetto reported that 23% of the City's total police staff was bilingual. Testing to evaluate the ability to speak different languages was carried out. With respect to sensitivity training, he indicated that training is carried out annually, including mandated training on racial profiling and cultural diversity. Mayor Boro confirmed that in terms of hiring police officers, these jobs would be advertised through normal channels and throughout the entire City. Members of the community interested could apply and hopefully qualify, and everything possible would be done to accommodate those who had an interest, met the requirements, lived in the neighborhood and wanted to be hired. City Manager Ken Nordhoff indicated that hiring would be left to the Human Resources department in conjunction with the Police Department. Councilmember Brockbank moved and Councilmember Heller seconded, to accept the staff recommendation to apply for this grant. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPEAL HEARING: 25. Appeal Hearinq — 721 — 737 Francisco Blvd. East. ("Litchfield's") — APPEAL OF THE PLANNING COMMISSION'S RESOLUTION DENYING, WITHOUT PREJUDICE, A SIGN PROGRAM (SR08-070), AN EXCEPTION (EX09-002), AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT AMENDMENT (ED08-110) FOR A NEW 32' FREESTANDING SIGN AND NEW BUILDING COLORS ON AN EXISTING BULK RETAIL/MOTEL DEVELOPMENT, APN: 014-204-11, GENERAL COMMERCIAL (GC) DISTRICT. PERRY LITCHFIELD, OWNER: ROBERT ROGERS FOR BARBER SIGN CO., APPLICANT: MARTIN J. MALKIN FOR PERRY LITCHFIELD, APPELLANT: FILE NO.: APPEAL (AP09-001) (CD) — FILE 273 Associate Planner Steve Stafford explained that this project was an amendment of an existing sign program at Litchfield's to recapture lost visibility as a result of the Caltrans Gap Closure Improvement Project on US Highway 101. This amended sign program would essentially increase the total allowable sign area by 40% on the site, from 324 square -feet to 457'/2 total square feet of sign area. It would also include increasing the height of an existing freestanding pylon sign by 50%, from 21 -feet to 32 -feet above SRCC Minutes (Regular) 04/20/2009 Page 12 SRCC Minutes (Regular) 04/20/2009 Page 13 grade. He reported that it would also involve legalizing a recent change in the approved building trim color, from peppergrass green to a light tan color. Mr. Stafford reported that the project was reviewed by the Design Review Board (DRB) on February 3, 2009, which continued the item after unanimously finding that the project was excessive, unnecessary and generally of poor design quality. The DRB expressed support for increasing the height of the freestanding pylon sign; however, only as much to regain the lost visibility, equated to be approximately 4 -feet, making the freestanding sign a maximum of 25 -feet above grade. Mr. Stafford reported that instead of returning to the DRB with revisions to the project Mr. Litchfield requested that it be presented without modifications to the Planning Commission as the earliest opportunity. The Planning Commission reviewed the project at its February 24, 2009 meeting and unanimously denied the project without prejudice, finding it troublesome that the design issues were not resolved at the DRB level. The Planning Commission was unable to support the exception findings required to approve a 32 -foot high freestanding sign. Reporting that on March 4, 2009, a City Council appeal was filed, Mr. Stafford stated that Mr. Litchfield listed seven general and specific appeal points, six of which were answerable. He noted Council should be aware that the seventh appeal point was simply reserving the right to make further unknown and unidentified appeal points. Mr. Stafford stated it was staff's recommendation that the appeal points were without merit. Mr. Stafford reported that following the filing of the appeal Mr. Litchfield contacted staff to discuss design alternatives that would result in resolution of the appeal and gaining staff support, which resulted in two alternative designs: 1) The proposed reduction of the freestanding sign height from 32 -feet to 25 -feet, as originally supported by staff and the DRB. Mr. Litchfield determined that this would be insufficient to get what he wished from this freestanding sign, i.e., he would like to add a fourth panel to the sign. 2) To reduce the freestanding sign height from 32 -feet to 28 -feet to allow for visibility of four tenant panels; however, also and more importantly, for the redesign of a higher quality freestanding sign. Due in part to the vastly improved design quality of the freestanding signs, Mr. Stafford stated staff recommended that the findings required for sign height exception could now be supported. Mr. Stafford stated that should the City Council find the design alternatives viable, they could elect to pursue one of the following options: 1) Deny the appeal and uphold the Planning Commission denial of the project without prejudice. 2) Grant the appeal and approve the project as proposed with the 32 -foot high freestanding sign and direct staff to return with a draft resolution. 3) Deny the appeal, approve the project with modifications and direct staff to return with a draft resolution with findings and conditions of approval. 4) Continue the appeal, refer to the alternative design solution — 28 -foot freestanding sign and higher quality design sign — back to the DRB for review and recommendation — the issue to be returned to the City Council at a later date for final action. Mayor Boro noted that the wall erected by Caltrans pretty much eliminated the view of one of the tenants in particular, from the freeway, and this he believed was the reason for the additional sign. Referring to page 6 of the staff report — Disadvantages — he quoted: "A 28 -foot high, freestanding sign is potentially precedent setting" , however, findings could be made that the precedent was granted based on the unusual circumstances of the siting of the property and from the impact of the freeway widening. Mr. Brown confirmed this to be correct. Mayor Boro confirmed that Mr. Litchfield and staff had been working over the past few weeks to come up with this compromise of 28 -feet and four panels and that with the correct findings staff could support this. SRCC Minutes (Regular) 04/20/2009 Page 13 SRCC Minutes (Regular) 04/20/2009 Page 14 Councilmember Connolly requested clarification on "denial without prejudice. Mr. Stafford explained that this would be a new application with new permit fees and a new process. He confirmed this would go initially to the DRB. Councilmember Connolly clarified with staff that the other alternative potentially being recommended would be to acknowledge the modified features per the agreement, but send it back to the DRB for analysis. Responding affirmatively, Mr. Stafford stated that the DRB has not reviewed the new alternative plan. They were highly supportive of the 25 -foot freestanding sign. Councilmember Connolly stated it appeared that under either scenario staff was recommending it go back to the DRB. Mr. Stafford explained that one of the exception findings was that it was now a high quality design, which was one of the original problems. With regard to Alternative 2) Councilmember Miller stated he would take staff's satisfaction with this sign and find it unnecessary to return to the DRB. City Attorney Robert Epstein explained it was important to be careful with terms being used. His understanding of what staff stated was that they could support findings for the revised design of 28 -feet. Noting "agreement" had been used, he believed this was not a word staff used. He believed staff had reported that a new design had been proposed, they could support the findings; however, were advising that the DRB have the opportunity to consider whether it too, would agree with staff's support. Mayor Boro stated he was trying to understand whether the applicant and staff had agreed to Alternative 2. Mr. Stafford stated he believed a compromise had been reached that would support the findings for the exception to the additional sign height. Planning Manager Paul Jensen stated there was a difference of opinion with regard to the process of that agreement. Staff indicated they supported the sign and believed that findings could be made to approve the sign exception; however, the design elements of the sign were significant enough that they should go back to the DRB for review and recommendation. Ultimately, the decision to approve or deny the sign exception fell with the City Council. The appellant's desire was to have this resolved this evening; therefore, this was the one difference of opinion with regard to this sign design option. With regard to the issue of precedent setting, Councilmember Brockbank stated the staff report indicated this was the one disadvantage to the 28 -foot alternative. However, the April 91h letter from Mr. Litchfield very persuasively and articulately explained why this would not be precedent setting, since it was unique and the only property that suffered such a massive loss of visibility. Mr. Stafford stated that it could potentially be precedent setting; however, staff believed sufficient findings could be made to distinguish it as a unique circumstance. Councilmember Brockbank noted a proposed alternative that it be 28 -feet; however, Alternative 2) — Option 4. included the idea that it be returned to the DRB. He believed the applicant indicated he did not wish to return to the DRB and inquired whether the applicant's proposal/compromise for the 28 -foot alternative was that he would agree to this only if the project was approved this evening and not returned to the DRB. For clarification and referring to page 7 of the staff report, Mr. Nordhoff invited staff to refine for the City Council the difference between Option 3 and Option 4. Mr. Stafford explained that Option 3 recommended that the City Council make certain modifications and direct staff to return with a resolution with new findings and conditions of approval. With regard to Option SRCC Minutes (Regular) 04/20/2009 Page 14 SRCC Minutes (Regular) 04/20/2009 Page 15 4, essentially the City Council would have the same deciding power; however, it would first be returned to the DRB to allow them to evaluate the new and improved design. With regard to timing, Mr. Jensen noted that Option 3 would require returning to the Council in two weeks with a resolution. Option 4 would be continuing this matter for one month and returning to the Council with a resolution subsequent to review by the DRB. Mayor Boro declared the Appeal Hearing opened. Martin J. Malkin, attorney representing Mr. Litchfield, explained that Mr. Litchfield did not wish to return to the DRB. He indicated that the design of the sign was worked on for several days by staff, Barber Sign Company and Mr. Litchfield and was quite an exercise. Mr. Malkin reported that the application was first filed in November 2008. The freeway wall being raised and the road surface being banked were discussed. The visibility of the 21 -foot sign was severely impacted, the immediate effect of which, combined with the economic recession, resulted in business declining. He noted Mattress Discounters threatened not to renew their lease and Zebra Furniture Store received a rent concession due to declining business. He indicated that the spread of economic blight was not desired in the City of San Rafael in these economic times. Noting San Rafael developed an Economic Plan for this recession, which encourages business, Mr. Malkin stated they also were trying to encourage business to the stores, which previously, were quite visible from the freeway; however, now could not be seen. The only visibility Litchfield's had was the sign and with smart marketing and good signage perhaps the businesses could return to where they were prior to the wall's being built and the economic downturn. Noting timing was very important, Mr. Malkin stated that one of the reasons Mr. Litchfield agreed with Councilmember Brockbank was that his tenants and stores were in danger. He indicated that Mr. Litchfiield requested that the City Council approve the project this evening, instruct staff to prepare a resolution and return to the City Council in two weeks for approval; however, they did not wish to return to the DRB. He commented that a DRB meeting he attended was quite contentious. Mr. Malkin identified the sign on a slide for Mayor Boro. With regard to returning to the DRB, Councilmember Brockbank believed that should the City Council agree with the 28 -feet, the DRB would not require going back to 25 -feet. As to any "bad blood", the DRB would restrict themselves to design review, and most importantly, regardless of any characterization or disagreement, he believed it would be valuable to return to the DRB to perhaps soothe some ruffled feathers. He considered that it could be demoralizing to the entire planning process not to return to the DRB. Understanding that Mr. Litchfield had put a lot of time and money into this project, he stated his primary question was "what's a little more time and money to soothe ruffled feathers, overcome any bad blood and respect the planning process?" Mr. Malkin clarified that Mr. Litchfield would not return to the DRB. The process was the process and part of the process was that the DRB was making a recommendation, which did not have to be accepted by any party. Mayor Boro believed that from the date of the appeal to this evening good progress has been made. He believed it significant that there was agreement that the height was needed because of the loss of visibility of the storefronts even though it was stated it was precedent setting. He indicated it was precedent setting with a precedent reason. Should someone else have a similar loss, fine; however, one 28 -foot sign being approved did not mean the next would automatically be approved; therefore, he was fine with the height. Noting this had been a contentious process, Mayor Boro indicated he had talked with Mr. Litchfield and encouraged him to work with staff to find a resolution, rather than appearing this evening with a 32 -foot sign. He believed a good faith effort had been made and was pleased with Alternative #3. There being no further comment from the audience, Mayor Boro closed the Appeal Hearing. SRCC Minutes (Regular) 04/20/2009 Page 15 SRCC Minutes (Regular) 04/20/2009 Page 16 Indicating he was struggling with Options 3 and 4, Councilmember Connolly stated that the value to Option 4 on first blush was respecting the planning process where the DRB was looked to to evaluate the design features of a project. Indicating that he was persuaded by the discussion this evening, he believed a lot of time had gone into this project, including a lot of staff review and analysis, and he also came down in favor of Option 3. Councilmember Heller stated she did not have the advantage of having any background on this matter; however, believed it had been discussed and worked out in a compromised manner with the planning department. She did not feel it would be precedent setting because it was not something that would happen often when the freeway was completed. Noting the new design was much more attractive, she commented however, that in driving by she did not wish to see blank spaces should some businesses close. Councilmember Heller supported 3. Councilmember Brockbank concurred. Concurring also, Councilmember Miller noted that staff and the applicant had worked very long and hard on the project and he supported Option 3. Mayor Boro stated that at this point it appeared prudent to move on. Councilmember Brockbank moved and Councilmember Miller seconded, to deny the appeal and approve a modified sign proposal (Option 3) and direct staff to return with a draft Resolution for findings and conditions for this action. Mr. Malkin complimented staff on their efforts. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 26. None COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 27. Advanced Leadership Workshop: - File 9-1 Vice -Mayor Heller reported that City Manager Ken Nordhoff would make a presentation at the Advanced Leadership Workshop to be held on May 29 and 30 in San Diego. Leaaue of California Cities Leaislative Action Days, Sacramento: - File 9-11-1 Vice -Mayor Heller reported that she and Councilmember Brockbank attended the Legislative Actions Days in Sacramento on Wednesday and Thursday, April 15 and 16, 2009. She indicated she would pass some material regarding legislation along to Terri Hardesty, Assistant to the City Manager. Commenting that this was a very valuable process, Councilmember Brockbank expressed surprise that only six or eight Councilmembers from Marin attended. He also reported on many sessions he attended. Leaislative Committee Meetinq,: - File 9-1 Vice -Mayor Heller reported on the Legislative Committee Meeting which took place on April 13, 2009 and noted three bills would be forthcoming. SRCC Minutes (Regular) 04/20/2009 Page 16 SRCC Minutes (Regular) 04/20/2009 Page 17 Upcominq Events: - File 9-1 Councilmember Brockbank reported: He would attend the CERT class commencing on Tuesday, April 21, 2009; League of California Cities, North Bay Division, Dinner in Rohnert Park, Thursday, April 30, 2009; Association of Bay Area Governments Spring General Session — San Francisco, Thursday, April 23, 2009. High Occupancv Toll (Hot) Lanes: - File 9-1 x 170 Mayor Boro discussed the issue of High Occupancy Toll (Hot) Lanes and reported that he would attend a workshop at Redwood High School on April 28, 2009 at 6:00 p.m. Mr. Nordhoff stated staff would investigate the issue, obtain the appropriate information and report to the City Council as soon as possible. There being no further business, Mayor Boro adjourned the City Council meeting at 11:10 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12009 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/20/2009 Page 17