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Home My WebLink AboutCC Agenda 2002-05-06AGENDA SAN RAFAEL CITY COUNCIL MEETING — MONDAY, MAY 6, 2002 (WITH SUPPLEMENTAL INFORMATION FOR COUNCILMEMBERS) COUNCIL CHAMBER, CITY HALL, 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA Members of the public may speak on Agenda items. OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro to announce Closed Session item: CLOSED SESSION — CONFERENCE ROOM 201 — TO BE HELD AT THE CONCLUSION OF CITY COUNCIL MEETING: A. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: a) Feingold, Stanley v. City of San Rafael, et al. Marin County Superior Court Case No. CV 014764 b) MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of Calif., Case No. C003785 c) Margaret L. Zitek, Trustee, et al. v. City of San Rafael Marin County Superior Court Case No. CV005119 (Now pending in the First District Court of Appeal) City of San Rafael v. Margaret L. Zitek, Trustee, et al. Marin County Superior Court Case No. CV010768 B. Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Rod Gould, Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisor Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM THIS PORTION OF THE MEETING RESERVED FOR PERSONS DESIRING TO ADDRESS THE CITY COUNCIL ON URGENCY MATTERS NOT ON THE AGENDA. PRESENTATIONS ARE GENERALLY LIMITED TO ONE MINUTE. ALL MATTERS REQUIRING A RESPONSE WILL BE REFERRED TO STAFF FOR REPLY IN WRITING AND/OR PLACED ON A FUTURE MEETING AGENDA. PLEASE CONTACT THE CITY CLERK BEFORE MEETING. CONSENT CALENDAR: RECOMMENDED ACTION: ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED APPROVAL OF THE BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A FOLLOWING ACTION: PARTICULAR ITEM: 2. Approval of Minutes of Special Joint Liaison Dinner Meetings with Approve as submitted. School Districts held on April 24, 2001 and March 6, 2002, and Regular Meeting of Monday, April 15, 2002 (CC) 3. Report on Fair Political Practices Commission ("FPPC") Annual Accept report. Filings (CC) 4. Summary of Legislation Affecting San Rafael (CM) Approve staff recommendation. American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. [Ver.3] CC 05-06-2002 5. Resolution of Appreciation to Kay Noguchi, Employee of the Adopt Resolution. Quarter for Quarter Ending March 2002 (CM) 6. Resolution Proclaiming May 5— May 11, 2002 as Arson Awareness Adopt Resolution. Week (FD) 7. Monthly Investment Report for Month Ending March, 2002 (MS) Accept report. 8. Resolution Authorizing and Approving the Borrowing of Funds for Adopt Resolution. Fiscal Year 2002-2003; the Issuance and Sale of a 2002-2003 Tax and Revenue Anticipation Note Therefor and Participation in the California Communities Cash Flow Financing Program (MS) 9. SECOND READING AND FINAL ADOPTION OF RESOLUTION NO. 11070 - Resolution of the San Rafael City Council Approving an Amendment to the San Rafael General Plan 2000 to: A) Amend the Land Use Map of the Land Use Element Redesignating Property Located at 1125 "B" Street from Park/Open Space/Conservation to Public/Quasi-Public (APN 011-131-03); B) Amend the Land Use Map of the Land Use Element Redesignating 16+ Acres of Land Located at North San Pedro Road and Los Ranchitos Road from Public/Quasi-Public and High Density Residential to Medium Density Residential and Park/Open Space/Conservation Land Use Designations for the Ranchitos Park Development (APN 179-131-01 and a Portion of 179-142-30); and C) Amend Appendix B — Land Use Traffic Allocations to Return Surplus PM Peak Hour Trips from Fully Developed Sites to the General Trip Reserve (GPA 00-02 and GPA 0-05) (CD) 10. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1778 — "An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference, by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from Parks/Open Space (P/OS) to Public/Quasi Public (P/QP) Re: ZC01-11, 1125 "B" Street; APN: 011-131-03 [Ptn.] (Re: Marin History Museum)" (CD) 11. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1779 — "An Ordinance of the City of San Rafael Amending the Zoning Map to Reclassify Certain Real Property from Public/Quasi- Public — Wetland Overlay (P/Q-P — WO) and High Density Residential (HR -1.8) Districts to Planned Development (PD) and Parks/Open Space (P/OS) Districts to Allow the Development of Detached Single-family and Attached Townhome Residential Units, a Creek and Wetland Mitigation Area, a PG&E Gas Pressure Station and a Three -acre Neighborhood Park at North San Pedro Road and Los Ranchitos Road (APN 179-131-01 and a Portion of 179-142-30) (ZC 00-02) (Re: Ranchitos Park Development)" (CD) Approve final adoption of Resolution No. 11070. Approve final adoption of Ordinance No. 1778. Approve final adoption of Ordinance No. 1779. 12. Resolution Authorizing Waiver of Building Permit Fees Adopt Resolution. Re 302 Fourth Street (San Rafael Commons) (CD) 13. Resolution Declining to Directly Accept Funds through the JAI BG Adopt Resolution. (Juvenile Accountability Incentive Block Grant) Program and Authorizing the Funds to be Expended by the County of Marin for the Maintenance of a Juvenile Drug Court (PD) 14. Resolution Accepting Grant Deed of Easement for Construction and Adopt Resolution. Maintenance of Storm Drain from the San Rafael City School District (280 Woodland Avenue, APN 13-071-44) (PW) 15. Resolution Summarily Vacating an Existing Drainage Easement on Adopt Resolution. Davidson Middle School's Property at 280 Woodland Avenue (PW) 16. Resolution Accepting Resignation of Geotechnical Review Board Adopt Resolution. Member (Eugene Miller, Miller Pacific Engineering Group) and Appointing a Replacement Member to the Geotechnical Review Board (Scott Stephens, Miller Pacific Engineering Group) (PW) 17. Report on Selection of Wittenkeller/Powell, Consultants, for the Adopt Resolution. North San Rafael Vision Promenade and Adoption of Resolution Authorizing the Public Works Director to Sign an Agreement (PW) [Ver.3] 2 - CC 05-06-2002 18. Selection of Nelson/Nygaard, Consultant, to Manage Safe Routes Adopt Resolution. to Schools Program in Marin County (PW) 19. Report on Meeting with Bicycle and Pedestrian Advisory Committee Accept report and approve staff and Extension of Terms for Certain Members (PW) recommendation. 20. Resolution Amending Resolution No. 11060 Authorizing Street Adopt Resolution. Closures for the 15th Annual May Madness Classic Car Parade on Saturday, May 18, 2002, to add Julia Street (RA) SPECIAL PRESENTATION: 21. Presentation of Resolution of Appreciation to Kay Noguchi, Employee of the Quarter for Quarter Ending March 2002 (CM) Explanation: Mayor Boro to make presentation. PUBLIC HEARINGS: 22. Public Hearing — Re: 89 San Marino Drive: (CD) A. Appeal by Manoochehr and Fary Fonooni of the Planning Commission's Decision to Deny an Appeal and Uphold the Administrative Decision to Approve an Environmental and Design Review Permit (ED01-98) for a 1,313 Square -foot Second Story Addition to an Existing Single-family Home at 89 San Marino Drive (APN 184-151-17) B. Appeal by Laura and Fergus Henehan of the Planning Commission's Decision to Deny an Appeal and Uphold the Administrative Decision to Approve an Environmental and Design Review Permit (ED01-98) for a 1,313 Square -foot Second Story Addition to an Existing Single-family Home at 89 San Marino Drive (APN 184-151-17) Explanation: See enclosed material. Recommend adoption of Resolutions denying Appeal A and Appeal B. (2) 23. Public Hearing — 900 C Street (C Street Parking Structure): (CD) Consideration of General Plan Amendment, Zone Change, Use Permit and Environmental and Design Review Permit Applications for a Public Parking Garage with 400 Spaces Located on the North East Corner of Third and C Streets (APN: 11-255-06, 07, 09, 10, 13, 14, 15, 18 and part of 26); File Nos. GP01-02, CZ01-08, UP01-61 and ED00-144 Explanation: See enclosed material a) Recommend adoption of Resolution approving the Negative Declaration for the Third and C Street Parking Structure. b) Recommend adoption of Resolution approving a General Plan Amendment to add a provision for an 18 -foot height bonus for public parking in the portion of the Second/Third Mixed Use West District (2/3MUW) located north of Third Street and east of C Street. c) Recommend passing Ordinance to print approving the Zone Change to Add a Provision for an 18 -foot Height Bonus for Public Parking in the Portion of the Second/Third Mixed Use West District (2/3MUW) Located North of Third Street and East of C Street. d) Recommend adoption of Resolution approving the Use Permit and Environmental and Design Review Permit for the Third and C Street Parking Structure. 24. Public Hearing — Consideration of an Ordinance of the City of San Rafael Amending San Rafael Municipal Code Sections 5.12.010, 5.12.030, 5.12.050, 5.12.090, 5.40.010, 5.40.030, 5.40.045 and 5.60.100 Regarding Enforcement of Parking Laws and Regulations and Traffic Direction by Management Services Department Employees Assigned Such Duties (MS) Explanation: See enclosed material. Recommend passing Ordinance to print. COUNCILMEMBER REPORTS: 25. None. ADJOURNMENT: COMMENCEMENT OF CLOSED SESSION AT THE CONCLUSION OF CITY COUNCIL MEETING, FOLLOWED BY CONTINUATION OF SPECIAL STUDY SESSION RE: BUDGET UPDATE [Ver.3] -3- CC 05-06-2002 ADJOURNMENT: [Ver.3] 4 - CC 05-06-2002