HomeMy WebLinkAboutCC Minutes 2001-05-07SRCC Minutes (Regular) 05/07/2001 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 7, 2001 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM:
Mayor Boro announced the Closed Session item.
CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM:
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Gary 0. Phillips, Councilmember
Absent: Barbara Heller, Councilmember
Conference with Labor Negotiator (Government Code Section 54957.6 (a))
Negotiator's Name: Daryl Chandler
Employee Organization: San Rafael Firefighters Association
Assistant City Attorney Gus Guinan announced that no reportable action was taken.
(Closed Session to be reconvened at the conclusion of the City Council Meeting.)
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM
Resolution re Attorneys' Fees: - File 13-7-1 x 9-1 x -9-3-16
Coleman Persily, Vice -President, Golden State Mobile Homes League, stated a bill, SB 691, was
successfully introduced in the State Legislature which in essence, allows the Courts to award attorneys'
fees to Cities when a case in ruled in the City or County's favor. Presently, it is not possible to collect
litigation fees; therefore, this is important in the event of litigation against the City and County and gives
the right to collect Court costs.
Mr. Persily stated a Resolution was passed by the County of EI Dorado, copies of which he had provided
to the City Attorney's Office, which he read into the record.
Mayor Boro referred the issue to the City Attorney's Office for a report, and requested the homeowners
groups be kept involved.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar,
as follows:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Monday, Minutes approved as submitted.
April 2 and Special and Regular Meetings of
Monday, April 16, 2001 (CC)
Summary of Legislation Affecting San Rafael (CM) —
File 116 x 9-1
Approved staff recommendation:
ACA 9 — Transportation Funding.
Assembly Member John Dutra — SUPPORT
AB 369 - Affordable Housing Development
Projects.
Assembly Member John Dutra — OPPOSE
AB 745 - State Mandated Programs.
Assembly Member Dave Cox — SUPPORT
SB 823 - Local Law Enforcement Funding.
Senators Charles Poochigian and John
Burton — SUPPORT
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4. Monthly Investment Report for the Month Ending Accepted Monthly Investment Report for the
March, 2001 (MS) - File 8-18 x 8-9 Month Ending March, 2001, as presented.
Resolutions of Appreciation to City Volunteers of
Special Merit (Four Concierge Volunteers: Mary
Gallagher, Diane Janicula, Isabel Miller and Nina
Shestakoff; Larry Paul, Boards and Commissions;
Rosella Rhine, City Hall at the Mall; and Dorothy
Vesecky, Chair, Pickleweed Advisory Board) (MS)
File 102 x 235 x 247 x 254 x 9-2-39
6. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1765 — An Ordinance of the City
of San Rafael Amending Title 14 of the San Rafael
Municipal Code (Zoning Ordinance) Related to
Massage and/or Bodywork Offices or Establishments
(ZC 01-03) (CD) — File 9-10-3 x 10-3
RESOLUTION NO. 10813 -
RESOLUTION OF APPRECIATION TO MARY
GALLAGHER, CONCIERGE VOLUNTEER
SINCE 1998
RESOLUTION NO. 10814 -
RESOLUTION OF APPRECIATION TO
DIANE JANICULA, CONCIERGE
VOLUNTEER SINCE 1997
RESOLUTION NO. 10815 -
RESOLUTION OF APPRECIATION TO
ISABEL MILLER, CONCIERGE VOLUNTEER
SINCE 1999
RESOLUTION NO. 10816 -
RESOLUTION OF APPRECIATION TO NINA
SHESTAKOFF, CONCIERGE VOLUNTEER
SINCE 1997
RESOLUTION NO. 10817 -
RESOLUTION OF APPRECIATION TO
LARRY PAUL, HAVING SERVED 10 YEARS
ON THE DESIGN REVIEW BOARD; 3 YEARS
AS CO-CHAIR OF THE NORTH SAN
RAFAEL VISION IN ACTION (VIA)
COMMITTEE AND PRESENTLY MEMBER
OF THE GENERAL PLAN 2020 STEERING
COMMITTEE
RESOLUTION NO. 10818 -
RESOLUTION OF APPRECIATION TO
ROSELLA RHINE, VOLUNTEER, FOR
ASSISTING IN THE COORDINATION OF THE
CITY'S VOLUNTEER PROGRAM FOR THE
PAST YEAR; WRITER/EDITOR OF THE
VOLUNTEER PROGRAM NEWSLETTER
AND MARKETING FOR BOTH THE
VOLUNTEER PROGRAM AND CITY HALL @
THE MALL
RESOLUTION NO. 10819 -
RESOLUTION OF APPRECIATION TO
DOROTHY CULLEN VESECKY,
CHAIRPERSON OF THE PICKLEWEED
ADVISORY BOARD (PWAB) SINCE JUNE,
1999
Approved final adoption of Ordinance No.
1765.
8. Resolution of Appreciation to Tony Gillotte, Novato RESOLUTION NO. 10820 —
Police Department, for 15 Years as County SWAT RESOLUTION OF APPRECIATION TO TONY
Coordinator (PD) — File 102 x 9-3-30 GILLOTTE, LIEUTENANT, NOVATO POLICE
DEPARTMENT, FOR 15 YEARS AS COUNTY
SWAT COORDINATOR
SRCC Minutes (Regular) 05/07/2001 Page 2
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10.
Resolution Authorizing the Replacement and
Purchase of Miscellaneous Police Department
Vehicles (PD) — File 4-2-309 x 9-3-30
Resolution Authorizing Appropriation and Transfer of
Funds in Amount of $90,000 from City to
Redevelopment Agency for Construction of Albert
Park Lane, from AB 2928 Fund (PW) —
File 8-14 x 4-1-531 x (SRRA) R-140 #8
11. Resolution Authorizing The Mayor to Execute an
Agreement Between the City of San Rafael and
James W. Lee Regarding Future Annexation of Real
Property; APN 016-011-28, to the City of San Rafael
(PW) — File 5-2-101
12
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution Authorizing The Mayor to Sign an
Agreement Approving Freeway Agreement Between
the State of California and the City of San Rafael
Relating to that Portion of State Highway Route 101
from the San Rafael City Limit at 0.8 Kilometer South
of Bellam Boulevard to Ranchitos Road and State
Highway Route 580 from Bellam Boulevard to Route
101 (PW) — File 4-8-28 x 11-16
SRCC Minutes (Regular) 05/07/2001 Page 3
RESOLUTION NO. 10821 —
RESOLUTION AUTHORIZING THE
REPLACEMENT AND PURCHASE OF
MISCELLANEOUS POLICE DEPARTMENT
VEHICLES
RESOLUTION NO. 10822 —
RESOLUTION AUTHORIZING
APPROPRIATION AND TRANSFER OF
FUNDS IN THE AMOUNT OF $90,000.00
FROM THE CITY TO THE REDEVELOPMENT
AGENCY FOR THE CONSTRUCTION OF
ALBERT PARK LANE IMPROVEMENTS,
FROM AB 2928 FUND
RESOLUTION NO. 10823 —
RESOLUTION AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN
THE CITY AND JAMES W. LEE REGARDING
FUTURE PROCEEDINGS FOR ANNEXATION
OF REAL PROPERTY AT 265 MARGARITA
DRIVE, APN 016-011-28, TO THE CITY OF
SAN RAFAEL
RESOLUTION NO. 10824 —
RESOLUTION APPROVING FREEWAY
AGREEMENT BETWEEN THE STATE OF
CALIFORNIA AND THE CITY OF SAN
RAFAEL RELATING TO THAT PORTION OF
STATE HIGHWAY ROUTE 101 FROM THE
SAN RAFAEL CITY LIMIT AT 0.8
KILOMETER SOUTH OF BELLAM
BOULEVARD TO RANCHITOS ROAD AND
STATE HIGHWAY ROUTE 580 FROM
BELLAM BOULEVARD TO ROUTE 101
COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
COUNCILMEMBERS: None
COUNCILMEMBERS: Heller
COUNCILMEMBERS: Phillips (from minutes of Regular Meeting of 4/2/01, due to absence
from meeting.)
Cohen (from portion of minutes of Special Meeting of 4/16/01, due
to absence from item No. 1 of meeting.)
SPECIAL PRESENTATIONS:
13. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO CITY VOLUNTEERS OF SPECIAL
MERIT (FOUR CONCIERGE VOLUNTEERS: MARY GALLAGHER, DIANE JANICULA, ISABEL
MILLER AND NINA SHESTAKOFF; LARRY PAUL, BOARDS AND COMMISSIONS; ROSELLA
RHINE, CITY HALL AT THE MALL; AND DOROTHY VESECKY, CHAIR, PICKLEWEED ADVISORY
BOARD) (MS) — FILE 102 x 235 x 247 x 254 x 9-2-39
Mayor Boro stated that this evening Council would honor some very special volunteers. He noted
there are numerous volunteers throughout the City and in the past year volunteer hours equated to
approximately $950,000, comprising many people. This evening the City was recognizing some City
Volunteers of Special Merit:
Concierge Volunteers:
Mary Gallagher, Diane Janicula, Isabel Miller and Nina Shestakoff
Mayor Boro stated the three volunteers present, plus Isabel Miller, who was not in attendance, are the
ladies to be seen at the Front Desk. This process was initiated several years ago and each had done
an outstanding job; not only are they present when requested but they carry out their duties and supply
information with a smile. Mayor Boro stated the concierge volunteers are truly a tribute to the City and
their efforts are appreciated.
Presenting the Resolutions, Mayor Boro stated that Mary Gallagher has been a volunteer since 1998
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and had contributed over 1,200 hours;
Diane Janicula has been a volunteer since 1997 and had contributed over 600 hours of hard work;
Nina Shestakoff, although a world traveler, has been a volunteer since 1997 and managed to
contribute over 700 hours.
Presenting the Resolution to Rosella Rhine, Mayor Boro stated she had been assisting with the
Volunteer Program for the past year and had done an excellent job in recruiting people. He thanked
Rosella for her excellent and exceptional work, noting she was a true asset.
Honoring Dorothy Vesecky, Mayor Boro stated she had been a tireless and positive advocate in the
Canal for many years and has been Chair of the Pickleweed Park Advisory Board since June 1999.
Mayor Boro explained this Board is comprised of residents of the Canal community, working towards
establishing what the future of the Center should be. He stated Dorothy had been exceptional, and
apart from working with Councilmember Miller, had gone to homes to hold meetings, accompanied by
translators. Mayor Boro stated he had the pleasure of attending her retreat and was very impressed,
not only with the work accomplished, but also with the spirit and sense of cooperation amongst those in
attendance. He congratulated Ms. Vesecky on all her hard work.
Ms. Vesecky thanked members of the Pickleweed Park Advisory Board present: Man Minh Phan,
Jeanette Sotomayor, Ana Mendoza, David Mottshaw, David Donery and Ulla -Britt Jonsson.
Mayor Boro presented bouquets of flowers to the volunteers and expressed the City's thanks.
Recognizing Larry Paul, Mayor Boro noted he was wearing his trademark shirt, palm trees, and
reminded the audience of the palm trees growing in San Rafael. Larry is a member of the Design
Review Board and Mayor Boro noted that somehow he had an influence on the palm trees. Mayor
Boro stated that a lot of people serve the City on Boards and Commissions but in addition, Mr. Paul
had served three years as Co -Chair of the North San Rafael Vision in Action Committee and worked on
the St. Vincent's/Silviera Citizens Advisory Committee, the Downtown Vision Committee and the
Downtown Advisory Group and is presently a member of General Plan 2020 Steering Committee.
Mayor Boro noted Mr. Paul's goal is to devote one night per week to community service but felt he
actually devoted a lot more, and on behalf of the Council acknowledged and thanked him, presenting
him with flowers for Mrs. Paul.
PUBLIC HEARINGS:
14. Public Hearing Re:
CONSIDERATION TO GRANT A CERTIFICATE OF CONVENIENCE AND NECESSITY TO KD TAXI
OFFICE SERVICES, INC., dba MARIN CAB COMPANY (PD) — FILE 9-9
Mayor Boro declared the public hearing opened and continued to the City Council meeting of June 4,
2001, at the request of Katherine King, Marin Cab Company owner.
15. Public Hearing Re:
CONSIDERATION OF AN INCREASE IN THE VOTER -APPROVED PARAMEDIC SERVICE
SPECIAL TAX IN THE CITY OF SAN RAFAEL, CSA 19, CSA 13 AND MARINWOOD CSD AND
ADOPTION OF AN ORDINANCE ESTABLISHING TAX RATES FOR FISCAL YEAR 2001/2002 FOR
BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES (MS) — FILE 9-12-1 x 9-3-31
Mayor Boro declared the public hearing opened.
Assistant City Manager Nordhoff stated staff makes a presentation each year to Council having
prepared the Budget for the Paramedic Service, and as part of the local Ordinance, together with taxes
approved in the jurisdictions defined, rates are established for the coming fiscal year. Currently, the
residential living unit rate tax cap is $53.00 and the amount to be levied is $49.00; staff recommends
this be increased in the coming fiscal year by $1.00, to $50.00. Regarding commercial properties, the
current rate is 6¢ ($.06) per square foot and staff is recommending this rate be increased to 6.10
($.0610) per square foot. Mr. Nordhoff reported that he and Chief Marcucci met with representatives of
the two County service areas, as well as the Marinwood Community Services District, all of whom
supported the increase. If passed this evening, the increase would be built into the budget and levied
as proposed on the tax bills of homeowners and businesses for the next fiscal year.
Staff recommends approval of these rates, which would be formalized in the budget estimates for the
coming fiscal year.
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Assistant City Manager Nordhoff confirmed for Mayor Boro that the rates of $50.00 and $.0610 would
be consistent in all four jurisdictions.
Howard Council, Marinwood Community Services District, Board of Directors, stated they were in favor
of the $50 rate; however, they felt they were subsidizing firefighters in San Rafael. He explained that
there are 18 paramedics on duty at all times, consisting of three two-man ambulances and two one-
man paramedic ambulances and Mr. Council's organization considered there are two firefighter
positions in San Rafael being subsidized by the paramedic tax. This, stated Mr. Council, was for future
consideration.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Fire Chief Bob Marcucci stated he and Mr. Council disagreed on this issue in that in his opinion the City
of San Rafael is subsidizing Paramedic Service in Marinwood. Comparing the number of commercial
and dwelling units in Marinwood to that of San Rafael, and the revenue generated therefrom, there is a
vast dichotomy; Marinwood probably supports two paramedics with San Rafael supporting most. Chief
Marcucci added that without San Rafael's 24,000 dwelling units and commercial base, there would not
be a paramedic program in Marinwood, Upper Lucas Valley or CSA 19. He reported he had written to
Mr. Council and Supervisor Kress regarding this issue and believed that, perhaps the City should
discuss with those in the unincorporated areas in Marinwood and Upper Lucas Valley, the issue of
providing equity, meaning they pay their fair share of the paramedic program and dispense with San
Rafael's subsidy in these jurisdictions.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE,
COMMENCING WITH FISCAL YEAR 2001-2002, AT THE RATES ALLOWED IN ORDINANCE NO.
1747 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL;
AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL
YEAR 2001-2002 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF
SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA
NO. 13, AND COUNTY SERVICE AREA NO. 19" ($50.00 FOR RESIDENTIAL AND $.061 PER
SQUARE FOOT FOR NON-RESIDENTIAL)
Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of
the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1766 to print
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
NEW BUSINESS:
16. REQUEST FOR PLANNING APPLICATION FEE WAIVER FOR MARIN HISTORY MUSEUM AT
BOYD PARK (CD) — FILE 236 x 9-10-2 x 10-2
Bob Brown, Community Development Director, stated the Marin History Museum requested fee
waivers based on the public benefits of the proposed museum, which would include economic support
and contributions to the downtown vitality, educational programs for Marin schools, free admission
days for Countywide residents, expansion of the public gardens at Boyd Park and access to the
facilities for community groups. Staff has recommended a partial fee waiver for processing of the
General Plan amendment and the zone change, which it is estimated would save the organization
between $1,800 and $2,400. Mr. Brown stated staff suggests that the cost of preparing the negative
declaration not be waived since the City prepared an environmental assessment for the museum
without charge, in 1995. This environmental assessment is now outdated due to delays in moving
forward with the project; therefore, the City should not pay again.
Merry Alberigi, Director, Marin History Museum, formerly known as the Marin County Historical Society,
thanked the City Council for the opportunity to bring the new museum to San Rafael and to all of Marin
County and for considering the fee waiver request. They are a non-profit organization with a dedicated
group of volunteers working throughout the County in an effort to raise the necessary private funds to
build the museum. Ms. Alberigi stated they intend to continue being a good neighbor, have taken good
care of the Boyd Gate House, and future plans include a fundraising effort to completely restore the
Boyd Gate House and open it as a period home.
She stated that museums bring a lot of economic benefit to neighborhoods, and residents in close
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proximity would like to see Boyd Park revitalized to afford them the opportunity of visiting it with their
families. Ms. Alberigi stated this would be an asset for San Rafael and all of Marin County and would
have a lot of tangible and intangible benefits. With regard to specific benefits for San Rafael residents,
Ms. Alberigi stated while there are not yet definite plans regarding admission charges, they would
follow the lead of other museums and have free admission days, invite school groups in and offer
meeting room facilities to neighborhood groups. San Rafael would also benefit from having a state of
the art prestigious museum located in its midst.
She thanked the City Council for their consideration of the fee waiver and looked forward to a positive
response.
Mayor Boro stated that one of the options is to approve the entire fee in exchange for a guarantee of
public access but at this point, this has not been agreed to. Community Development Director Brown
stated staff did have discussions with the museum in this connection but as indicated, they have not
progressed sufficiently in their plans to have any certainty regarding what they could offer.
Councilmember Cohen stated staff had recommended waiving the cost of the applications but not the
work on preparing the new Negative Declaration, as the fees for the initial Negative Declaration, which
had expired through no fault of the City, were waived, and he felt this was reasonable. He suggested
that down the road, as resources permit, small grants could be made to a number of non -profits and
should there be a program of specific benefit to San Rafael residents, the possibility of making up the
remainder through some form of grant could be discussed at budget time.
Mayor Boro stated that a limited number of grants are available each year and suggested that as the
process evolves, should the Society put forward a plan which would address the issues raised
concerning school children, days etc., at that time, reconsideration could be given to the additional fee.
Mayor Boro stated that this could possibly be done in two steps, as it would be preferable to continue
with the fee process, rather than involving grants.
City Manager Gould stated that another possible way to address the issue would be when the Council
considers the request for a 40 year lease of portion of Boyd Park to accommodate the new History
Museum, this consideration could be incorporated, if the process and the application are satisfactory.
Mayor Boro stated the issue with respect to the remainder of the fees would be revisited when
reviewing the lease.
Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 10825— RESOLUTION WAIVING PAYMENT OF FEES FOR THE GENERAL
PLAN AMENDMENT AND ZONE CHANGE APPLICATIONS FOR THE
MARIN HISTORY MUSEUM AT BOYD PARK
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
17. ANNUAL REPORT OF THE VISION IN ACTION COMMITTEE, REQUEST FOR CONTINUANCE OF
THE COMMITTEE FOR TWO YEARS AND APPOINTMENT/REAPPOINTMENT OF COMMITTEE
MEMBERS (CD) —FILE 9-2-52
Robert Brown, Community Development Director, commented that as part of this week's public service
day, Larry Paul would like to provide the Council with VIA's third annual report.
Mr. Brown stated the Committee requested they be allowed to continue for two additional years, to the
adoption of the General Plan, and would like to continue their efforts to implement the Vision and see it
through its incorporation into the General Plan. He stated that staff's principal concern was regarding the
level of support that could be provided, given that virtually all resources are presently being devoted to the
General Plan process. A good solution had been worked out where the committee would assume almost
all of their own support needs with a $500 annual stipend to cover their reproduction and mailing costs.
Interaction with the group would be maintained through quarterly meetings and attending the monthly
Federation and Coalition meetings, with the City Manager to keep in touch with City issues.
Should the Council decide to continue the committee, applications have been received from 10 of the
current members for reappointment; however, John Alden stated that should he be appointed to the
Planning Commission, he would consider stepping down from VIA. There are also 6 new members for
appointment, including Marilyn Boatright.
Larry Paul stated an excellent job had been done promoting the Vision since the appointment of the
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7
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Committee; yet it is felt they are just getting to the crux of the matter and further time is needed to ensure
that more of the Vision principles are initiated, particularly regarding the General Plan update process. He
confirmed there are 10 continuing and 6 new members; therefore, there would be some new energy,
together with continuity from the existing committee, to continue to focus on the principles of the Vision,
ensuring they are incorporated into the General Plan, while simultaneously refocusing energies on being
more proactive in promoting some of the Vision's principles, rather than being reactive.
Should it be continued, Mr. Paul stated the Committee is planning to concentrate on fostering more
events, awards and ceremony type programs for the North San Vision. They would continue focusing on
the Town Center and have had good dialogue with the Macerich Company and Northgate Mall personnel,
and it appears as if it will come to fruition in the near future. Mr. Paul stated the Committee would
continue to focus on the promenade, endeavoring to achieve small portions. A Master Plan was
completed by the architects, but they will proceed on a smaller scale.
Regarding the Gateway Beautification Project, Mr. Paul stated they are looking forward to its
commencement this year and is a considerable accomplishment of the VIA Committee. Constituting a
sub -committee for the transportation issues of bike paths, pedestrian walkways and traffic in general, is
under consideration, together with the possibility of a shuttle between North San Rafael and Downtown.
The Committee will also refocus on creating a library opportunity west of the freeway.
Mr. Paul recognized that the City needs the staff, which has assisted for the past number of years, to
concentrate on the General Plan; therefore, the Committee has reconstituted itself to be self-sufficient,
requiring just minimal staff support and perhaps interacting on occasion for mutual updating of progress.
Concluding, Mr. Paul stated he and the other 15 members would be happy to continue working with the
Committee.
Councilmember Cohen inquired if Jim Atchison served as a liaison for the Planning Commission.
Responding, Mr. Paul stated he served independent of the Planning Commission.
Councilmember Cohen moved and Councilmember Phillips seconded to:
a) Accept Annual Report.
b) Approve Continuation of the Committee through Completion of the General Plan Update Process,
including a $500 stipend.
c) Reappoint John Alden, Larry Paul, Jim Atchison, Shirley Fischer, Lloyd Liebes, Cecil Nielsen, Mark
Reagan, Leandro Soto, Kay Noguchi and Angela Fisdon, and Appoint Jennifer Ciconne, Steve
Bianchini, Henri Lese, Marilyn Boatright, Annie Sterling and Amanda Staller.
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
The following item was removed from the Consent Calendar for discussion at this time:
RESOLUTION STATING THE CITY'S POSITION ON PROPOSED MARIN BAYLANDS WILDLIFE
REFUGE (CD) —FILE 257
Mayor Boro stated he requested this item be agendized as the City had been apprised of various actions
by the Federal Government with respect to the proposed Marin Baylands Refuge. The City's position was
stated on numerous occasions and this Resolution is an attempt to formalize it.
Community Development Director, Bob Brown, stated the proposed Resolution would formalize Council's
input to the U.S. Fish & Wildlife Service for their evaluation of the proposed Marin Baylands Wildlife
Refuge. The intent of the Resolution is to be consistent with adopted City policy regarding development
and preservation within the proposed refuge boundaries. Mr. Brown stated the Resolution recommends
that the western portions of the St. Vincent's/Silveira properties and the Honor Farm site east of the
railroad tracks, be excluded from the refuge boundary study. He stated the current General Plan and the
recommendations of the two-year Task Force support development of a portion of these sites west of the
tracks, plus the Honor Farm, but preserve other areas east of the tracks. Staff believes it would be
impossible for the City to demonstrate the ability to comply with the state mandate for 2,090 new housing
units in San Rafael if both these properties were eliminated from development consideration.
Continuing, Mr. Brown stated it was recognized that the Refuge designation would not compel the property
owners to sell to the Federal Government; however, it was felt the Refuge designation would certainly
complicate and cloud future debate on the development of these sites.
He reported staff had not recommended that the eastern portions of St. Vincent's/Silveira, and other
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properties such as Canalways and the San Rafael Airport, be eliminated from consideration because the
General Plan indicates that preservation or low intensity recreational uses are possible options for these
sites. He noted that the Resolution also recommends that impacts on possible future use of the rail
corridor be taken into consideration by Fish & Wildlife. This issue was raised at the recent Open House
and Mr. Brown felt it was important to note.
Regarding the draft Resolution, Community Development Director Brown stated it contained a
typographical error in that east and west were transposed in a critical location. Mr. Brown also referred to
a letter distributed to Council this evening from Kuhn & Levy, who represent Mr. Shekou and the Airport
ownership.
Mayor Boro noted other correspondence had been received this evening and distributed to Council.
Myriah Baird, San Rafael resident and Board Member of the Audubon Society of Marin and the Citizens
Advocates for Protection of St. Vincent's/Silveira, stated she would address Council from the prospective
of a San Rafael resident. Her concern was that decisions had been made concerning how the City would
proceed with the planning process for St. Vincent's/Silveira without public input from residents of San
Rafael. Ms. Baird requested that the City reconsider, as the residents of San Rafael, and the wider
community of Marin, needed to be heard on this major development in a very sensitive area, and one
which perhaps 60% of residents, based on recent polls, agree should and can be preserved, if the refuge
is extended to cover all of it.
Ms. Baird stated Federal funding could be obtained for the acquisition, which is supported by many
people; she had heard members of the Council state they would support acquisition and preservation if
funds were available, and she would like to see this option considered more seriously, together with input
from residents, not merely the Chamber of Commerce or the Airport, but from the many tens of thousands
of residents whose lives would be seriously compromised by this development due to traffic, infrastructure
burden and the devastation and paving over for homes, all of which affect the quality of life in Marin.
Addressing the draft Resolution, Ms. Baird referred to the provision which states that the City had accepted
the Citizens Advisory Committee's recommendations, and stated this fails to note the lack of a public
hearing on the use of this property. As residents, she stated they had been promised, and legal process
provides, that there would be public input, but not until later. She stated it was premature and the City
should defer making a decision and passing a Resolution of this nature, until there has been public input.
Ms. Baird requested the opportunity be left open for the refuge to be established and for funding to be
available.
Referring to provision 1. a) in the draft Resolution and the statement indicating St. Vincent's/Silveira
properties are the only large undeveloped sites remaining in San Rafael's Sphere of Influence and
consigning the entire 1,200 acres to environmental preservation ignores the balancing of needs, Ms. Baird
stated that on the contrary, 75% of Marin baylands are already developed and to exclude any area of St.
Vincent's/Silveira ignores the balancing of needs; with 75% already developed, she suggested the
balance argument goes in favor of working to preserve these lands, and requested Council stop and
consider this.
Regarding provision 1. c) in the draft Resolution which indicates that the refuge designation could add
further controversy and affect public perception regarding development, Ms. Baird stated this was good in
that public input was needed; however with regard to adding controversy, she felt it was the Resolution
which added controversy. San Rafael, as a City, is its residents, she stated; it is not a planning process,
and going ahead and making decisions which would cut off an opportunity for funding, is controversial.
She requested the Resolution be amended to state the City supports the establishment of this refuge and
complimented staff on the first two clauses.
Georgiana McCarthy stated she was not aware this item was to be pulled from the Consent Calendar until
she returned from a conference of the Northbay Watershed Association this afternoon. She is a 50 year
resident of Marin County, having resided for 25 years in Mill Valley and 25 years in the Terra Linda area.
During her tenure in Mill Valley she stated she worked on two different occasions in the City of San Rafael
and is very familiar with the area. She was the Business Manager of San Rafael General Hospital during
its last five years of existence, and at that time, then City Manager Dan Andersen, was the President of
the Board of Directors. She stated she cares about San Rafael very deeply and could not comprehend
how the City Council could take a position which, in essence, would appear to end public participation and
discussion in the City's decision. Ms. McCarthy stated it appeared to her to be something which Council
prejudged to be detrimental to the future, whereas it has not been explored sufficiently and may ultimately
be something worthwhile.
Donna Bjorn, President of the League of Women Voters of Marin, read the following for the record:
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"The League of Women Voters of Marin County has long recognized that the city -centered corridor of the
county's general plan dictates that the St. Vincent's/Silveira properties, which are included in San Rafael's
sphere of influence, are planned for development and housing, including desperately needed affordable
housing.
One of our members, Judy Binsacca, served on the St. Vincent's/Silveira Task Force from September
1998 to May 2000, along with representatives of all the stakeholders in the property. We are very pleased
that they reached consensus and we are determined to defend the viability of their final recommendations.
That's why we are so distressed-- and actually feel betrayed—that the U.S. Fish & Wildlife Service created
the study area boundary of its proposed refuge without the slightest attempt to work with, or honor, the
task force, let alone the county and the city, which created the task force and are considering its
recommendations in updating their general plans. All of these Marin planning processes were ignored by
the Service.
What's particularly troubling is that project leader, Marge Kolar, acknowledged in an open forum last week
that the Service knew about the task force process, yet went ahead and drew the refuge boundary during
1999 without any consultation with the County, City, or the Task Force. Their reasons for failing to
communicate were entirely unsatisfactory. They claimed the boundary was an `internal' matter and
couldn't `go public without the director's approval', yet they worked closely with Marin's environmentalists,
actually using their map to include the St. Vincent's/Silveira property west of the railroad tracks in the
boundary. Are these people part of the Service's internal staff? Or are they part of the public like the rest
of us. It's clear to us that the Service was catering to a favored constituency at the expense of all the other
stakeholders in the property.
There also is the issue of the scientific legitimacy of the Service's map. By including the area west of the
railroad tracks, the Service made a total deviation from the map of the Habitat Goals Project the Service
stated it would be consistent with. (That goals project report, by the way, is the best available document
for Bay Area wetlands research and planning, and the Service was involved in its creation.) Again, the
Service's recent defense to the map deviation was not convincing and appears to have been made to
justify its actions after the fact.
The Service has had the Task Force recommendations since last December. It has not yet answered a
recent question from the League about what more it could learn by restudying this area and protecting the
habitat beyond what the Task Force did.
As a result, the League's history, policies and advocacy efforts dictate that we support the City's
Resolution to ask the U.S. Fish & Wildlife Service to withdraw the St. Vincent's/Silveira properties west of
the railroad tracks from the wildlife refuge study area boundary."
Robert Levy, attorney representing San Rafael Airport, stated the St. Vincent's/Silveira property is, always
has been and always will be, a contentious issue. Regarding the Airport, he stated there is an opinion
that to take a stand is to tell the Federal Government that there is an objective reason to exclude one of
the properties being considered. He wondered with such a contentious development, if there are other
sites included in the Baylands map which have an equal objective rationale for opposition. Mr. Levy
stated he had read the material presented in advance of this evening's meeting and was aware of the
suggestion that the Federal Government had not dealt fairly with the City or public in connection with this
map, there had been inadequate public input and there was a suggestion that all of the sites being
considered should be excluded. Mr. Levy stated to do this is tantamount to losing credibility regarding any
of the sites to be excluded. He indicated that although it is appropriate to recommend that certain sites be
further studied, in reality, the credibility of the City's position is enhanced where there is objective
reasoning for non-inclusion. The City's position relative to St. Vincent's/Silveira is the need for low cost
housing and the objective in respect of the San Rafael airport is not dissimilar in that it encompasses the
best interests of the City. A recently approved Master Plan will substantially enhance the airport making it
an asset to the City.
Referring to the letter he delivered to the City this afternoon, Mr. Levy stated to include the grazing area
adjacent to the runway, (in the map the runway is also included, with the implication it will be taken out)
would be tantamount to inviting migratory birds within close proximity to a small airport. This, stated Mr.
Levy, is a public safety issue and a serious hazard and there is a suggestion in the staff report to the effect
that because there has to be a willing seller, it is okay to include the airport in the map. Mr. Levy stated
that in his judgment, this is not appropriate, because to exclude one site, and there is an objective serious
rationale, in this case a public hazard, for excluding another one, then perhaps this would be telegraphing
a message, which as advocates for public safety in the avoidance of a hazard, should be stated in a
positive, formal, formative manner.
Mr. Levy stated he had submitted two additional recitals and a proposed paragraph 3 for Council's
consideration, and requested that the San Rafael Airport be considered in the Resolution, as based on
statements this evening, it gives more credibility to the existing objective, and more importantly, salvages
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the efforts which have already been undertaken to make this an asset to the community, and to protect
them by ensuring that the areas in proximity to the runway are not used in an inappropriate manner.
Mr. Levy referred to Mr. Brown's remarks which indicated the Resolution would serve to obviate
complications in future debate regarding use of the sites. Future debate would, however, take place
regarding the use of the San Rafael Airport site in that the Master Plan will be reviewed at least once a
year for the forthcoming one — three years; therefore, the same complication applies; hence to include this
site in a map would sanction what is now known to be a public hazard.
Shirley Fischer stated she had attended both workshops given by the U.S. Fish & Wildlife Service
regarding the proposed refuge and was still unclear as to the impact of the wildlife refuge. It was clear
however, that it is a funding mechanism for purchasing land for preservation, from willing landowners,
within the boundaries of this area. Preserving wetlands areas has been a problem, she noted, because
there has not been funding available to purchase such properties, and in that sense it is an asset.
She stated she was not clear on the kinds of restrictions and other factors which go into establishing a
refuge area. This was important when addressing the issues of the properties which are dedicated for
preservation within the boundaries and those which are not. Ms. Fischer noted Council had identified two
major issues which could be seen as conflicting but which may, of necessity, need to be;
• the need for affordable housing;
• and the transportation corridor along the railroad.
She stated it would be advantageous to ascertain how these issues are dealt with in other areas
designated as refuges.
Should the boundaries be redrawn according to the restrictions in the draft Resolution, Ms. Fischer
inquired if Council would, in that situation, look favorably towards the refuge becoming an asset to the
community. Regarding the property west of the railroad tracks, Ms. Fischer suggested investigating
funding sources for the restoration of the creek, the uplands, the hills and other parts of the property
dedicated for open space, and this could in turn, open up other capital to meet the City's goals in terms of
the property.
Referring to Mr. Levy's remarks, Ms. Fischer stated the Resolution was clear as to the opportunities and
reasons for taking the position on the St. Vincent's/Silveira property. The airport, however, is in a different
category in that it has an existing restriction on it which prohibits the development of other than recreation,
airport and open space, but given the change in the hopefully, now permanent, status of the airport in that
location, she felt it did not fall in the same category as the St. Vincent's/Silveira property. The conflict
between the birds and airplanes exists by nature of the fact that the property is in the center of wetlands
habitat. The owners have dealt with the situation by disking and grazing the fields; however, the birds will
be there regardless. Ms. Fisher noted that if at some future point the owner decided to sell the land for
preservation, putting it into the Wildlife Refuge would afford the opportunity for funding.
Melanie Kramer stated she lives and works in San Rafael and contrary to the speaker from Marin Audubon
who referred to a closed process, Ms. Kramer noted that perhaps she did not spend much time at Council
meetings. This was not a closed process, and in addition to birds in San Rafael, there are people who
need affordable housing. She complimented the City Council and Task Force on an admirable job in that
there has to be affordable housing in Marin. She stated there are a lot of uses for this property and felt
everyone had done an excellent job in trying to work it out and come up with a compromise.
On the issue of the airport and birds, Ms. Kramer recalled from experience when flying in and out of
Redding airport she held her breath when flying over the dump because the birds could get sucked in and
the plane crash; therefore, it is a legitimate concern.
Don Dickenson, 327 Jewell Street, San Rafael and President of Citizen Advocates for the Preservation of
St. Vincent's/Silveira stated they had submitted a letter to the Council and wished to address the
Resolution. They are concerned regarding the City's strenuous objections to including the land west of the
railroad tracks on the St. Vincent's/Silveira property in the refuge and would request the City reconsider
that position. His organization supports creation of the refuge and inclusion of all the properties, both east
and west of the tracks in the refuge, given the wide range of irreplaceable habitat encompassed by the
lands and the severe negative impacts development of this area would have on traffic congestion and the
quality of life for residents of San Rafael, including the remainder of the County. Mr. Dickenson stated that
the benefits of including these lands in the refuge are enormous. As noted by Marge Kolar during her
presentation to the City Council, inclusion of the land within the refuge does not mean that the Federal
Government gains any jurisdiction or management rights over the land. What it does mean is that the
lands and the refuge are eligible for what could be significant federal funding for acquisition if there is a
willing seller.
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Mr. Dickenson stated they see no basis for objection to the inclusion of the western portion of these lands
in the refuge unless the City Council is really adamant they wish to see the area developed, even if a
property owner is interested in selling the land for preservation. He stated that it would seem to be in the
best interest of all parties to keep this important funding option open. They believe there is strong support
among San Rafael voters for preserving these lands, and housing needs can be better met through
innovative infill development and redevelopment, without sacrificing these irreplaceable lands.
Additionally, they believe that the December and May letters, and now the draft Resolution, failed to state
clearly the status of the planning process with respect to the St. Vincent's/Silveira lands. To -date, he
noted, there had been no public hearings on the Task Force recommendations for development of these
lands, no Environmental Impact Reports had been prepared and no General Plan amendments had been
approved to implement them. It has frequently been stated that the Task Force report is merely a
recommendation which was received and accepted, and the public comment and debate would occur at a
later date; yet Mr. Dickenson noted both City letters and the draft Resolution, tend to convey to the U.S.
Fish & Wildlife Service and the general public, that the future of these lands has already been decided by
the City Council.
He requested that the City Council reconsider the position taken in the past regarding the exclusion of the
area west of the tracks in the proposed wildlife refuge.
Mayor Boro noted that in Mr. Dickenson's letter there was a comment to the effect that they believe there
are other areas in San Rafael where infill and redevelopment could be undertaken, and equating this to
the magnitude of the St. Vincent's/Silveira property, inquired as to the location of these areas where it
would be possible to achieve that level of housing.
Responding, Mr. Dickenson stated that the City of San Rafael has clearly been very creative in providing
housing opportunities around the downtown; however, it would be impossible to find a single site in the
City which could provide hundreds or thousands of units of housing. He felt there was a real issue in terms
of whether mostly built out communities could provide most of this housing, adding that Sonoma County is
in the process presently, subsequent to a lawsuit, of explaining they cannot meet their regional needs in
the unincorporated area without destroying their agricultural land. He stated the City needed to look
creatively at other options, which has been done in the past, and felt there were opportunities close to
existing services where housing needs could be met, but did not agree these housing needs could or
should be met from these agricultural lands.
Renee Silveira stated she was speaking on behalf of her family; her father, Tony, and Joe own the
Silveira property. She stated her family appreciates the support of the Council in the Resolution and she
was present this evening to request that consideration be given to modifying the Resolution to include
"opposition on the refuge proposal designation on the property at all". Ms. Silveira noted there had been a
lot of rhetoric on the part of the U.S. Fish & Wildlife and its supporters, to the effect that this, in fact, is an
opportunity; however, the family does not consider this to be so in terms of how it has played out thus far.
She noted that if it were an opportunity, there would have been an attempt to discuss it with the property
owners and engage the City, and believed it was very significant that it was not presented in such a
manner, but has been thrust into the public domain for discussion. She felt it had now become a spectacle
and it was a sad situation when a property owner receives a letter to attend a public workshop to discuss
the ramifications for his private property. Ms. Silveira felt that with that particular shadow on the proposal
they were very skeptical of it.
She noted there was no inference that conservation does not apply to certain portions of their property in
the future, but Tony Silveira feels he does not need the Federal Government to try to shoehorn him into
this process; he is aware of their location and could certainly get in touch with them if and when he is
interested.
Ms. Silveira stated they believe that this designation on any portion of the property would affect the
remainder of it; there have been years of exhaustive public discussion, and a lot of conservation has been
folded into the plan. She was of the opinion that the property owner should have some freedom of choice.
She noted it would be inferred this was not an obligation; therefore, if this is the criterion, a willing seller is
a necessary component. The Silveiras are saying emphatically "No" at this point and she did not
understand why there was so much persistence. Her father's family has been associated with the land for
over a hundred years and they are concerned about their property rights.
Concluding, Ms. Silveira stated that the U.S. Fish & Wildlife stated it is very unlikely that eminent domain
would enter into the formula here; however, they spent five years on an eminent domain action fight with
the Las Gallinas Sanitary District and "all I can say is labels factor in". A designation on a property in a
courtroom is used against the property owner. Ms. Silveira noted the President of CAPS (Citizen
Advocates for Preservation of St. Vincent's Silveira) was present in the courtroom daily, consulting with the
Las Gallinas Sanitary District; they had seen the letters of support from the Audubon Society and the
Sierra Club and she questioned their support of this proposal, which she did not view as an opportunity but
a strategy to corner them.
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Dwayne Hunn, representing Canalways Property Owners, referring to the draft Resolution, stated on
Canalways, Levine & Frickey, engineers of the largest wetlands restoration in California, visited the site
with a view to explaining how to improve its environmental quality. Three officials from the U.S. Fish &
Wildlife Service walked the site and were shown the pond in East San Rafael which had been a toxic dump
and which one of the partners of this project had helped remodel. That site was redone twice to bring it up
to much higher standards; however, it still needs work. Mr. Hunn stated they represented to Fish & Wildlife
how they considered that site to be similar to what private property owners could do on their own without
assistance from the Federal Government, or if assistance was required, it would be a partnership called for
by the property owners.
In Canalways, economic vitality and workforce housing could be addressed, and unlike some present who
do not believe there are sites which can deliver one hundred units, they felt Canalways had the potential to
deliver a lot more than that, as did other sites.
Referring to the draft Resolution, Mr. Hunn stated one of the clauses stated the Council wished to provide
input to the U.S. Fish & Wildlife Service. He noted there had been several meetings by property owners
and at one in particular, a map was displayed and all of the property owners present (approximately 85%)
were invited to put a red pin on the map if they did not wish to be in the development, and a green pin if
they did wish to be included in the refuge map. Mr. Hunn stated there were no green pins displayed on the
map. Every property owner present at the meeting stated they did not wish to be included in the wildlife
designation. This, he believed, was significant input which had to be considered as property owners were
more than mere stakeholders.
Addressing Mr. Brown's comments regarding discussions being potentially complicated and clouded, Mr.
Hunn stated this could be applied to all sites. In this County, he noted, perception is the only reality and as
pointed out by Ms. Silveira, it can be harmful in the long term, not only in Court, but in the public arena
where it is necessary to constantly explain the Fish & Wildlife Service does not carry any impacts. He
stated that in Marin it does, as pressure groups twist those words to give impact and delay and down zone
projects to make affordable housing more difficult to lure.
Noting Ms. Fischer's remarks concerning her lack of understanding of what the real concern is, Mr. Hunn
stated it centers around the fact that the Fish & Wildlife Service, the Refuge Project and the 535 Refuges
throughout the country, which he considered a wonderful program, and had perceptions not been misused
in this county pertaining to land use, could have been supported; however, too many property owners for
too long had seen terms like Baylands Refuge applied to their land and then twisted and distorted. Mr.
Hunn stated that affordable housing and transit solutions are real crises in this County, which the Council
was aware of and addressed better than any City Council in the County; however, they are not "nickel and
dime" issues that are addressed by looking for a few infill lots in the City, rather, they require all the
remaining properties, the minimal 4% or 5% which can be developed, to try to provide the affordable
housing. Mr. Hunn stated those terms had been misused and because of this there is insufficient housing,
incorrect land use and no working rail line, and these are the primary reasons most of the property owners
are concerned that all of the properties should be mentioned in the Resolution.
Elissa Giambastiani, San Rafael Chamber of Commerce, stated for the record that she had lived in San
Rafael for 35 years. She stated comments this evening covered the whole range from not doing enough to
doing too much. The refuge issue had been complicated by the fact that the process used by the U.S.
Fish & Wildlife Service had been abysmal. She felt the recent workshop was a scoping session but found
it interesting that public comment was cut off after one hour, with a lot of people who wished to speak
being unable to do so. Ms. Giambastiani requested that Council address in the Resolution the fact that
local elected officials were not consulted, nor were they informed that local planning decisions which have
been made, have been totally overlooked by the Federal Government in their zeal to establish a refuge in
an area designated for housing development. She stated that within the proposed refuge there are two
airports, two sanitation districts, the City's new corporation yard, a working rock quarry, Bayside Acres and
commercial and residential development, and noted Shirley Fischer was correct when she inquired about
the restrictions. Ms. Giambastiani stated there was no idea as to what the restrictions would be and no
idea what will happen when the overlay refuge is imposed.
Ms. Giambastiani stated she had received some information concerning part of the U.S. Fish & Game's
policy, which was to take lands when there is no possibility of their being protected; however, there is
already protection, in the City's General Plan and in the Bayfront Conservation zone and no one is inferring
they wish to build on wetlands. She noted that suddenly wetlands has mitigated to baylands; 70% of the
Baylands have not been lost, it is wetlands and there is no inference that the wetlands should not be
protected.
Ms. Giambastiani noted it is interesting that people speak about their homes and transportation and she
found it incredible that Mr. Dickenson would intimate that Council should not fulfill the ABAG (Association
of Bay Area Governments) requirements of 2090 units for San Rafael; perhaps, she stated, he would like
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to have the City of San Rafael sued, as the town of Corte Madera has been. She noted everyone wanted
their homes protected, but they don't want homes for anyone else, and she was aware the San Rafael City
Council had been the leader in endeavoring to find homes for other people. She also found it interesting
that the funding potential keeps being thrown up as an opportunity; Marge Kolar stated that the U.S. Fish
& Wildlife Service is already understaffed and under -funded; therefore, there is no guarantee that any
property owner would ever receive any money, and she would anticipate that in the current administration,
their funding will not be increased.
Concluding, Ms. Giambastiani stated that her organization feels strongly that requesting only certain
properties or portions of certain properties be removed from the proposed boundaries, while leaving others
included, is unfair to all the property owners and moreover, gives unspoken agreement to the
establishment of the refuge.
Bob Herbst, Marin County resident, Strawberry area, stated that as a property owner he is impacted there;
he is also a home owner in San Rafael, and an employee of the company which manages San Rafael
Airport. He stated he had attended three or four property owner meetings regarding the refuge and
attended two of the recent U.S. Fish & Wildlife public hearings. He has carried out research on the refuge
process and requested to read from a letter remarks which he stated, echo the previous speaker's
comments.
"Marin's Baylands are protected by wetland and conservation overlays which are already part of the
County and City General Plans. Any proposed development within these overlay areas is already subject
to review and approval of the U.S. Fish & Wildlife Service, the State Department of Fish & Game, as well
as the local jurisdictions. There is simply no demonstrated need at this point in time for U.S. Fish &
Wildlife Services to declare a wildlife refuge in Marin."
Mr. Herbst requested that Council make their own determination on whether a wildlife refuge is needed,
and in that sense urged they go further than simply the St. Vincent's/Silveira property, and consider
requesting the U.S. Fish & Wildlife Service to remove all properties in the City of San Rafael, while a study
is carried out of whether or not it is needed within the jurisdiction.
Referring to a document entitled "The Profile of Land Protection Actions", distributed by the U.S. Fish &
Wildlife Service, Mr. Herbst stated it outlines the land protection policy for the U.S. Fish & Wildlife Service
and is one of the documents Marge Kolar identified as part of the scoping process. Quoting, Mr. Herbst
stated "The Service Land Protection Policy is to acquire land only when other means of protection (e.g.
zoning or regulation to achieve program goals) are not appropriate, available or effective." They are,
therefore, admitting in their own land protection policy that if the City of San Rafael already has policies to
protect their wetlands, that there is no need for a refuge.
Community Development Director Brown stated the question was raised by Ms. Fischer concerning the
impacts of a wildlife refuge designation and he, although not an expert, had gleaned it is indeed a Federal
funding mechanism. For Fish & Wildlife Service dollars to be used to purchase properties it needs to be
designated in advance. He stated there had been a lot of discussion at the Open Houses and in letters
concerning a spill over impact from a designation; therefore, if a piece of property is acquired by Fish &
Wildlife, he questioned what the impacts would be on the adjacent lands. This, he stated, has been
debated and there have been rumors concerning buffer areas, etc.; however, the Fish & Wildlife Service
staff indicates there are no formal buffers required on adjacent properties. Mr. Brown instanced Novato,
where there had been difficulties with the Hamilton Baylands restoration proposals to create a plan for a
Clapper Rail endangered species habitat near the location of an existing and future trail, and the concerns
on limiting access to the trails and rerouting the Bay Trail. He had also spoken with planners in Fremont,
concerning a development next to the Don Edwards preserve, where private development adjacent to the
refuge ended up dedicating a very significant portion of their lands for permanent open space. Mr. Brown
was not aware whether this was a mitigation measure, or if they were encouraged to do so as part of their
entitlements.
Councilmember Phillips stated that an issue had been made of the funding possibilities and perhaps,
precluding a funding source, and inquired as to how realistic funding is, for acquisition purposes, of the
land which has been designated.
In this respect, Community Development Director Brown stated he had an opportunity at the last Open
House to speak with the real estate representative of the U.S. Fish & Wildlife Service, particularly
concerning acquiring portions of sites which have development potential. The figures were somewhat
consistent with the kind of valuation placed in the recent condemnation action on the Silveira property, and
the real estate representative agreed that at those levels of purchase price, the Fish & Wildlife Service
would not be in a position to acquire the properties, nor would it be a good value for them. Whether or not
there are other opportunities in portions of those lands which would be designated for open space and
which would have lesser value, Mr. Brown felt there could be, but the U.S. Fish & Wildlife Service's
likelihood of actually acquiring areas designated for development are nil.
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Regarding other areas which have been so designated, but not included in the Resolution, Councilmember
Phillips inquired if Mr. Brown had an opinion as to whether or not those areas should not be included.
Responding, Mr. Brown stated there are differences in that the western portions of St. Vincent's/Silveira
were viewed as a housing opportunity site; they are not former baylands and the amount of development
potential is fairly insignificant, compared to the resource at St. Vincent's/Silveria. The General Plan
indicates that, given environmental sensitivity on those properties, or legal restrictions, the opportunities for
significant development are very limited. Therefore, in his mind he did see differences.
Councilmember Cohen stated he was amazed at the irony of tonight's accusation concerning inadequate
public debate and discussion on the future of the St. Vincent's/Silveira properties. He contrasted this to
Fish & Wildlife crafting a map, in secret, with one group of interested parties to the exclusion of other
interested parties, and the general public, until it was complete, and subsequently having a scoping
session they omitted to state was such. For the record, Councilmember Cohen stated he and Mr.
Dickenson had disagreed and failed to see eye to eye about the future of the St. Vincent's/Silveira
properties for at least ten years. However, the environmental damage caused by producing the minutes of
all those public meetings, discussions and workshops, is something which should be considered. There
are copious notes of all the discussions and debate concerning the appropriate futures of these lands, and
while it is accurate to say no final decision has been reached in a public forum, to state there has been no
public discussion about it is simply not true.
Councilmember Cohen stated that the notion that a tremendous funding opportunity was being allowed to
slip away was, unfortunately spurious. He felt there may be portions within the map appropriate for a
refuge or some type of permanent protection, and if the Federal Government sought to purchase those
lands from the private property owners, questioned if it was within the Fish & Wildlife Service's budget to
so do. It was his belief they did not have enough money to do the projects they want to do now and if they
did put this property into a refuge, there is every indication they would decide it is not a cost effective
purchase; land could be acquired elsewhere more reasonably and they could not afford the real estate
costs in Marin County; therefore, it would not be a funding opportunity. Councilmember Cohen opined
that perhaps it was seen as an opportunity to say this is a refuge and development should be prohibited.
He felt this was the agenda of those who met in secret with Fish & Wildlife to put this together.
In terms of the scope of comment of the Resolution, Councilmember Cohen considered that it was
precisely because so much time was spent discussing with the public, the County, and basically every
interest to be found, the question of what should happen at St. Vincent's/Silveira, that it was appropriate to
comment. The same claim could be made in connection with the airport and he noted for the record its
inappropriateness with respect to the airport. Pursuant to some battles and agreement, the property
owner's decision about the future of the property and the City's policy position have come together, to live
with the covenant that it will be an airport. The owner will invest in it as an airport with the assurance that
the investment doesn't get snatched away at some point; however, if Fish & Wildlife take the runway out of
the map, he considered the impact might not be so onerous. That decision, he believed was made and
understood, at least in the foreseeable future, and was quite different from St. Vincent's/Silveira.
Regarding Canalways and the discussion of what may or may not ever happen at Canalways,
Councilmember Cohen noted there was a long way to go and he was not sure, personally, if he had the
energy to spend ten years debating its future.
Councilmember Cohen believed staff used some thought in putting in this Resolution what's in the
Resolution and the City needed to stay firm with respect to the lands between the railroad tracks and the
freeway as a housing opportunity site. He agreed with the concept that at some point there would be too
many people in Marin. He did not wish to see fifteen million people residing in Marin County, but found it
very interesting that Mr. Dickenson's response to Mayor Boro's question was a non -answer.
Councilmember Cohen stated he had lived in this County for 39 years, and was raising his family here; he
would like his children to be able to stay here, noting he did not consider they would be in a position to
afford to. He stated he was very uncomfortable with the implication in the comment that "we live here and
it's a wonderful place and there's no room for you; it's too bad, we just closed the gate and you're on the
wrong side" and he was not prepared to make that statement. He believed the City needed to continue the
policy of pursuing housing opportunities where they can be found. There clearly is a housing opportunity
site here and the Fish & Wildlife Service had run roughshod over ten years of public process and he
supported the Resolution.
Councilmember Miller agreed with Councilmember Cohen's basic statements. He noted that if he were
marketing the refuge areas, he would be looking where property owners are willing to sell, and from Ms.
Silveria's candid remarks this evening, they are not willing to sell.
Councilmember Phillips stated he had two points from which he had drawn his conclusions
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1) The funding argument was not realistic and did not carry sufficient weight to persuade him that this was
an opportunity the City was passing up;
2) There are adequate protections for the property currently and the gate is not being opened to free will
by not having the property included in the Bayland Wildlife Refuge. Therefore, opportunity is not being
missed; rather options are being kept open.
For those reasons Councilmember Phillips stated he supported the Resolution.
Mayor Boro stated to begin with he would support the Resolution in its format. He believed this to be a
deliberate attempt to delay and when Ms. Kolar was questioned at the recent meeting as to how this is
normally done and at whose request the response was that normally the request comes from a
Government, property owner, members of Congress or other interested parties. Mayor Boro stated he
was not aware of any City Government, property owner, member of Congress or Senate having written to
infer they thought it a good idea and were initiating it; therefore, it comes down to a special interest group
who have completely thwarted the public process which has been put in place in this City, to try and
attempt to resolve this land and its future.
Mayor Boro stated there were twenty-one meetings of that Task Force, eleven study sessions, over
seventy so called loop -outs attended by at least ten people; therefore there was ample opportunity for
people to know what was happening. There was a hearing at the Board of Supervisors where a Resolution
of intention was adopted which states that it will be forwarded to this City's General Plan committee for
inclusion in General Plan 2020 and at that point the hearings and the EIR will go forward. Mayor Boro
stated that this is a deliberate attempt to undermine the process, which a very dedicated group worked to
come up with an answer to. The answer isn't the final answer but at least it's a start.
Mayor Boro stated the Silveiras, when taken out of the Williamson Act by the County in the 1970s, and
currently pay in excess of $200,000 annually in property taxes on that land, were told this was to provide
housing to the eastern corridor, and then to say, well, none of that counts, we're going to get you this
money from somewhere else. Mayor Boro stated there is no money on the table, and rather than being a
funding opportunity, it's a deliberate attempt by a special interest group to find a way to thwart the public
process which has been initiated in this City and which was fully participated in, not only by property
owners, housing advocates, Chamber members, but also by members of the environmental community
who collectively arrived at a consensus opinion which protects 85% of that land, east and west of the
tracks, with 15% being developed, at most.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution as revised
by Mr. Brown, substituting "west" for east of the Railroad tracks.
RESOLUTION NO. 10826 — RESOLUTION EXPRESSING CONCERNS RELATED TO PROPOSED
BOUNDARIES FOR THE MARIN BAYLANDS WILDLIFE REFUGE (as
amended)
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
OLD BUSINESS:
18. a) RESOLUTION AUTHORIZING PURCHASE OF FINANCIAL APPLICATION SYSTEMS SOFTWARE
AND SERVICES FROM EDEN SYSTEMS, INC. — FILE 4-2-310(a)
b) RESOLUTION AUTHORIZING PURCHASE OF FINANCIAL CASH RECEIPT HARDWARE,
SOFTWARE AND SERVICES FROM QUADRANT SYSTEMS INCORPORATED (QSI) -
FILE 4-2-310(b)
c) RESOLUTION AWARDING CONTRACT TO GOLDEN STATE BUSINESS SYSTEMS FOR
PURCHASE OF A HEWLETT PACKARD PC SERVER FOR THE INFORMATION SERVICES
DIVISION; BID NO. 2001-01 (MS) — FILE 4-2-310(c)
Assistant City Manager Nordhoff stated that in 1997, the City's first Information Systems Strategic
Technology Plan was approved and identified specific technology projects to improve operational
efficiencies and productivity. As the BRC technology is 20 years old, staff has been working for over a year
on a replacement in all the major departments, and this is a first in a series of those efforts.
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Specifically with respect to this project, Mr. Nordhoff reported that a Steering Committee was formed in
2000, comprised of members of the Management Services Department and the various disciplines, which
would be the core users of this new technology. User Groups from all the various operating departments
were included, to provide input to the process. A systematic approach was conducted to evaluate the best
qualified to serve the City's needs which resulted in three finalists. Part of the finalist selection process
encompassed onsite demonstrations, which afforded vendors an opportunity to demonstrate what they
could provide; however, staff also had scripted some specific responsibilities to ascertain whether the
system could provide these. Offsite tours were conducted to witness these products in operation in cities,
thus ensuring they were established and functioning somewhere in California.
Mr. Nordhoff reported that the stage had been reached where, collectively, those in Management Services,
together with the Operating Departments, are recommending awarding a contract to Eden Systems. Other
actions before Council this evening related to this, including awarding a contract to Quadrant Systems, to
provide the Cash Receipting portion of the contract which will interface with the Eden system. Bids were
also taken on some of the hardware components, particularly the Server which was proposed as part of the
solution, and is included in the report.
Addressing the cost of the system, Mr. Nordhoff reported that a competitive bid process was conducted,
with a great deal of time being expended identifying the modules needed and the features within those
modules. A budget was built totaling $575,000 which is laid out as one of the schedules to the staff report.
Additional funding of $279,000 is needed to bring the budget in line with the needed funds. Mr. Nordhoff
stated that some funds had been set aside through prior Council actions, both in terms of taking some
interest from revenue anticipation notes and dedicating it to this project, together with some general tax
commitments.
Assistant City Manager Nordhoff stated staff was requesting approval of the contracts. He stated both his
staff and staff who had seen the product and had been involved to date, all believed the City would have a
world class modern finance system, capable of implementing major tasks and improving efficiencies. This
was viewed as a long-term partnership and as could be seen from the schedule there is at least a year's
worth of work; therefore, the full budgeting aspects of the product would not be utilized, because of the
timing, until two years from now. He recommended awarding the contracts as noted and would be happy to
answer questions.
Responding to Mayor Boro's inquiry on the new document received this evening, Mr. Nordhoff stated staff
on conducting a final review of the agreement with Eden Systems, made some minor variations, most of
which were typographical. There was one minor change to section 5.02, dealing with training; however,
there were no changes to the scope of work or costs relating to the contracts. There was additional
language through the City Attorney's office which dealt with the cost of Attorneys' fees, which was
considered necessary to include. Mr. Nordhoff stated he and the President of Eden Systems had reviewed
the material this afternoon and were in agreement; therefore, the revised agreement is that which they
believe will be binding.
Mayor Boro inquired if Council wished to concentrate on Item (a) or hear all parts, with subsequent
discussion.
Training being a significant component of the cost, Councilmember Phillips inquired as to the period of time
and people involved. Mr. Nordhoff stated staff considered it very important in the project, having conferred
with other cities in particular, not to minimize or diminish training. Training is set up in phases, depending
upon the particular element of the project, and to use the Human Resources payroll phase as an example,
Mr. Nordhoff stated this is expected to commence on January 1, 2002. Preliminary scoping will be
undertaken to determine potential issues and how the system would deal with these. Very specific training
has been set up for those in payroll processing, together with those in the outlying departments feeding
information, such as time sheet entry, etc. He stated there is capability for ten in each training session,
where it is appropriate; however, this may not always be the case and has been provided for.
Mr. Nordhoff stated there is provision for onsite assistance in the week the systems will actually go into
productive use and there are also approximately three days from each phase for follow-up training. He
noted the City is not obligated to do any of this, rather it is a schedule which has been devised, and while
progressing, it will be determined where more or less emphasis is needed, keeping within the total of 142
days, which he agreed, was a costly item.
Councilmember Phillips stated he believed Mr. Nordhoff had the experience and exercised good judgment
in this area and although a large item, would accept it.
Mayor Boro invited Assistant City Manager Nordhoff to address the Cash Entry System and present a
global picture of the entire project on completion.
Regarding the Quadrant proposal, Mr. Nordhoff stated when Eden Systems returned their bid, it was
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requested, as was requested in all bids, whether they were providing software developed internally, or in
some cases in partnership with others. Eden has combined in many of their installations with Quadrant,
which is used both in the private and public sectors, and is specifically a cash receipting company and
module; therefore their hardware, software and training schedule is part of this project. Mr. Nordhoff stated
staff will be interfacing those transactions and cash receipting over into the Eden system; therefore, all
accounting records will in essence be updated automatically. This was part of their proposal and staff
believed it was more cost effective to contract with Quadrant directly. In the scope of that work all the
interfacing issues have been identified and will be part of the first phase in October. Mr. Nordhoff stated
staff believed this would be successful; the Quadrant product was observed on the offsite demonstrations
and staff felt comfortable that it would meet the City's needs.
Regarding the larger picture, Mr. Nordhoff stated that both Police and Fire had been under similar
processes. Both departments had been working over the last month to have a finalist vendor come on site
to demonstrate both their computer aided dispatch and records management capabilities. Representatives
from both departments were working through the new system, taking calls for service or completing reports
in an effort to ascertain the extent to which the need is matched, or whether there are gaps which need to
be addressed.
Mr. Nordhoff stated that that vendor and the Eden proposal, should they all come together, would function
in a similar environment, using network servers and operating in a Windows 2000 or NT environment, with
the addition of a product called SQL as the database engine; therefore, it would be relatively easy to share
data and is consistent with the platform requirements set out in the IS (Information Systems) Strategic Plan.
Sue Robason, Project Coordinator, Eden Systems, stated they were excited about the project; she would
be the coordinator, one of the main trainers and the liaison between the two companies.
Councilmember Cohen stated he was delighted to see this and encouraged staff to implement it as quickly
as possible as the present situation is untenable. He stated that based on the information, the selection
between vendors appeared sound and believed the hardware and software environment made good sense.
He commented that there is a risk when using different software products from different vendors,
particularly when purchasing them separately, and should there be a conflict, inquired how this would be
resolved or whether one or other would have ultimate responsibility.
Responding, Mr. Nordhoff stated he believed this would be Eden Systems, being the overarching vendor in
the proposal. Staff had been very meticulous in negotiating various phases of accepting the software and
he referred Council to the agreement which specifies a small down payment up front; however, there will be
a period of acceptance testing conducted by staff, with another phase entitled "reliability testing" when the
system goes live, and there is no intention of paying for anything that does not work. Mr. Nordhoff stated
that a lot of time was spent on the language of the agreement and opined the City is fairly well protected.
He stated that the installations observed are running in a Quadrant environment and with the version of the
product the City is acquiring; therefore, purposefully, older systems were not considered. Eden Systems
are migrating their customers to their current platform and staff was very specific regarding evaluating sites.
Mr. Nordhoff stated he was confident this could be made to work.
Councilmember Cohen requested clarification in terms of the hardware, stating there was an agreed upon
set of hardware specifications which the third party vendor will meet.
Mr. Nordhoff stated that as part of the proposal, which is not part of the agenda packet, there is a fairly
sizable CPR (Cost Proposal Responses). There was a series of specifications regarding server
requirements, workstation requirements and platform issues which are not delineated in the staff report.
Minor variations were made as to whether to purchase fewer, larger hard drives to size the system properly;
however, there are very clear specifications provided by Eden Systems regarding what the environment
needs to be to perform and the proposed server will do just that.
Referring to Schedule A attached to the Staff Report, Councilmember Cohen stated that in the event of a
crash he assumed there is a backup system for data; however, he inquired as to the consequences in the
unlikely event of a failure inside the physical box, whereby the server would not be functioning. Mr.
Nordhoff stated this would be dealt with in a similar manner to all other servers; there are provisions in the
agreements to bring in back-up systems to keep the system operational. In response to Councilmember
Cohen's inquiry regarding a contract on response time, Mr. Nordhoff stated that part of the amendments
relating to the bid deal with servicing and response times.
Councilmember Cohen queried an entry in Schedule A which states "SQL Server maintenance not
included". Mr. Nordhoff stated the City was acquiring the SQL licensing directly rather than purchasing it
through Eden Systems; therefore, the maintenance would be carried out directly through the City rather
than through Eden Systems. The reason being that should the City move forward with the Police and Fire
applications, it would merely be a matter of taking the proposed license, expanding the number of seats and
the license would be controlled by the City.
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Councilmember Miller congratulated Assistant City Manager Nordhoff on an excellent job, as did
Councilmembers Cohen, Phillips and Mayor Boro.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
a) RESOLUTION NO. 10827 — RESOLUTION AWARDING CONTRACT FOR
FINANCIAL APPLICATIONS SYSTEMS SOFTWARE AND SERVICES,
PROJECT NO. 019-1430-104-8000, TO EDEN SYSTEMS, INC., IN
THE AMOUNT OF $399,340.00 AND ALLOCATE AN ADDITIONAL
$279,000.00 IN FUNDING OUT OF THE GENERAL FUND
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
b) RESOLUTION NO. 10828 — RESOLUTION AUTHORIZING PURCHASE OF
FINANCIAL CASH RECEIPT HARDWARE, SOFTWARE AND
SERVICES FROM QUADRANT SYSTEMS INCORPORATED (QSI)
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
c) RESOLUTION NO. 10829 — RESOLUTION AWARDING CONTRACT FOR
PURCHASE OF A HEWLETT PACKARD PC SERVER, PROJECT
NO. 019-1430-104-8000, TO GOLDEN STATE BUSINESS SYSTEMS
IN THE AMOUNT OF $22,000.00
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
COUNCILMEMBER REPORTS:
19. a) MCCMC By-laws:- File 113
Cohen, Miller, Phillips and Mayor Boro
None
Heller
Councilmember Cohen reported he had been working with Lydia Romero, Assistant to the City
Manager, on the by-laws for MCCMC; a draft copy was forwarded to the other members of the
Executive Committee and will be distributed prior to the meeting. He noted that to -date there is no
clause included banning buffets; however, consideration remains open should there be enough
support.
b) Congestion Management Agency: - File 191
Mayor Boro reported that at the last meeting of the Congestion Management Agency, a
recommendation from a sub committee, of which he was a member, was adopted to generate a new
structure to deal with the implementation of the ballot measure should it be successful. Mayor Boro
recalled that on the previous occasion, had the ballot measure passed, it would then have gone to the
Board; however, there was much concern about how this would work and where the local cities would
get their control. Mayor Boro stated that alternatives were presented and when he receives a copy of
the recommendation, he will pass it on to the City Manager for distribution to all. It basically now forms
a MCTA, Marin County Transit Authority, which will be comprised of one member from each City, (the
members of the CMA) plus all five of the County Board of Supervisors. It was also agreed to keep in
place the existing CMA to deal with the separate stream of funding which comes from State and
Federal sources, for local road and street improvements. The new agency will deal with transportation
issues, assuming the measure does pass. Mayor Boro stated it will come forward for formal ratification
at some point and he hoped it would overcome the concern regarding lack of trust and who is in
charge, as each City will have a say, together with the County.
Councilmember Cohen stated it was his understanding that the intent was to have overlap in terms of
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the membership between the new Transportation Authority and CMA, at least with respect to the
representatives from the Cities and Towns. He noted that it is proposed to remove the Marin
Transportation Authority, as discussed at some length in the MCCMC By-laws.
c) St. Mark's School: - File 10-3 x 10-5 x 10-7 x 11-1
Councilmember Phillips reported on having met with St. Mark's on a number of occasions; a further
meeting was scheduled for Tuesday morning to review their proposed solutions to reduce traffic; Diane
Allen would accompany him and he hoped progress would be made.
d) Blue Ribbon Committee on High Schools: - File 9-2-1
Councilmember Phillips reported on the conclusion of the report where a position was taken in
opposition to the petition, 29:2, with one abstention. This, he stated, is in direct contradiction to the
Dixie position, which accepted the petition, and he suspected that some adversarial positions would be
taken. He cautioned the Councilmembers to review the issues before drawing a conclusion, as he had
changed his initial view.
Councilmember Miller inquired as to what happened to the remaining 16 members of the initial
committee. Councilmember Phillips stated that not everyone attended the last meeting, and of those
who did attend, 29 were in favor of rejecting the petition, with 2 in favor of the petition as it stood. Three
public committee meetings were held last week, two of which were attended by the City Manager, with
one further meeting to be held, when the Blue Ribbon Committee would submit its report.
Councilmember Phillips hoped it would not be divisive within the City.
Mayor Boro thanked Councilmember Phillips for the report and the time expended.
There being no further business, Mayor Boro adjourned the City Council Meeting at 10:10 p.m.
CLOSED SESSION — CONFERENCE ROOM 201 — 10:10 PM:
The Closed Session reconvened and adjourned at 10:55 PM; Mayor Boro announced in Open Session
that no reportable action was taken.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12001
MAYOR OF THE CITY OF SAN RAFAEL
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