Loading...
HomeMy WebLinkAboutCC Minutes 1991-06-03SRCC MINUTES k„egular) 6/3/91 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 3, 1991, AT 7:00 P.M. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a No Closed Session held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 3, 1991, AT 8:00 P.M. Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Lawrence E. Mulryan, Mayor Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Suzanne M. Drake, Deputy City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE 8:00 P.M. UNION NEGOTIATIONS BETWEEN MACY'S AND UNION #1119, UNITED FOOD AND COMMERCIAL WORKERS' UNION - File 102 x 9-1 x 120 Harold Barlinq, President of Union #1119, stated his thanks to the three members of the City Council who sat in for long hours during the negotiations between Macy's and Local Union #1119, the United Food and Commercial Workers' Union. He stated he felt their help in the negotiations was critical to finally solving the problems and in keeping Macy's in San Rafael. CONSENT CALENDAR RECO14MENDED ACTION Councilmember Shippey moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: 2. Approval of Call for Applications for Two (2) Approved staff recommendation. Vacancies on the Design Review Board (CC) - File 9-2-39 3. Resolution of Findings - Disabled Access Requirements at 912 Lincoln Avenue (Las Camellias Restaurant) AP #11-275-12 (PW) - File 13-1-1 6. Approval of Dates for Budget Hearings (CM) - File 8-5 7. Claim for Damages: a. Donald & Joyce Burrows (PW) Claim No. 3-1-1535 RESOLUTION NO. 8416 - GRANTING APPEAL FROM STATE ACCESS REQUIRE- MENTS - 912 LINCOLN AVENUE (LAS CAMELLIAS RESTAURANT) AP #11- 275-12 Approved staff recommendation to have Budget Hearings on June 18 & 19, 1991. Approved City Attorney's recommendation for denial of Claim a. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan The following items were removed from Consent Calendar for discussion: 4. BID OPENING AND AWARD OF BID FOR ONE (1) AERIAL LADDER TRUCK FOR FIRE DEPARTMENT (Gen.Svcs.) - File 4-2-256 Councilmember Shippey asked Chief Marcucci why the City is purchasing a new aerial ladder truck at this time and the services for which it will be employed. Chief Marcucci answered that the present aerial ladder truck was a 1958 vintage. During the period of time from 1958 to the present, the technology and standards for the aerial ladder truck have changed a great deal. He stated they could not purchase this same kind of truck today because it would not meet the safety standards. He also stated that approximate 10 or 15 years ago the ladder was refurbished and a new motor was put in it, due to economic constraints on the Fire Department at that time. He felt the truck was under too much maintenance to keep it up to standard of service. SRCC MINUTES (Regular) 6/3/91 Page 1 5. SRCC MINUTES �.,egular) 6/3/91 Page 2 Mr. Shippey responded that this then would be modern technology. Chief Marcucci responded affirmatively. Mr. Shippey then asked about the financing for the truck. City Manager Nicolai responded that the vehicle replacement fund has been in existence for years and for each piece of equipment in any department. She stated that the Fire Department has been paying into this fund for 33 years. She also stated that possibly at the time the vehicle is ready for delivery, staff will evaluate the options available to possibly finance it if the interest rates on a lease/purchase are cheaper than what we are earning. She did state that this would probably be several months down the road. Chief Marcucci stated that this would probably be at least one year from now or more. Vice -Mayor Breiner asked the Chief to put in any backup information on an item wherein the least expensive bidder was not chosen. Chief Marcucci responded that there were two features which were asked for in the specifications: 1) a tip load of 500 lbs.; 2) the wheel base specified was a maximum of 205 inches. The low bidder could not meet these specifications. Councilmember Shippey stated that he is looking forward to a public display of this vehicle after it is received. Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution for the purchase of one aerial ladder truck from Pierce Manufacturing, Inc., in the amount of $438,349.22, as lowest responsible bidder. RESOLUTION NO. 8417 - RESOLUTION AUTHORIZING THE PURCHASE OF ONE AERIAL LADDER TRUCK FOR USE BY THE FIRE DEPARTMENT (from Pierce Manufacturing, Inc. in the amount of $438,349.22, lowest responsible bidder) AYES: COUNCILMEMBERS: Boro, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Shippey, Thayer & Vice -Mayor Breiner Mulryan AUTHORIZATION TO CLOSE LIBRARY JUNE 21, 1991, FOR AN ALL -DAY STAFF PLANNING MEETING (Lib.) - File 9-3-61 Councilmember Boro stated that he fully supported the report put together by Library Director Stratford and recommended that a sub -committee of the Council work with the Library Board for input before it comes before the Council. Mr. Stratford indicated he was in favor of this. He suggested that two representatives be available for the June 21st meeting. He stated the 3 objectives of this meeting are: 1) help the Library better allocate existing resources; 2) establish service priorities; 3) improve the extent to which the Library meets community needs. Councilmember Boro moved and Councilmember Shippey seconded, to approve staff recommenda- tion with the addition of one or two members of the Council attending the planning meeting. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan REPORT ON SAN RAFAEL COMMUNITY CENTER PARKING LOT IMPROVEMENTS (Rec) - File 12-5 x 12-15 x 9-3-65 x 9-3-66 Recreation Director McNamee stated this was a follow-up report on these improvements to the original report brought to the Council in March where there were several versions of the proposed plan for improving the front of the Community Center and increasing the number of parking spots. She stated staff had attempted to put together all the requests from the Council into a new plan. There were 6 parking spots opened by eliminating the two-way traffic in front of the Community Center. Some of the landscaping was eliminated to do this. This would increase the number of spots from 11 to 17 and stay within the same budget. Ms. McNamee stated that the second item they requested was the lighting involved. She stated there was a proposal in the packet for this lighting from Independent Power Technology for a total of $6,000 to study what is available and what it will take to bring it up to the level desired for security reasons. She stated staff would work with the designers to determine what can be used on an interim basis until the actual parking lot could be built, in case they do not go forward together. She stated they would like Council to consider approving the parking lot plan, even though they do not have funding for it now. She asked that they consider using the the refund from the PG&E rebate from the Albert Park lighting project to pay for the design of the new lighting at the Community Center. SRCC MINUTES (Regular) 6/3/91 Page 2 SRCC MINUTES kkegular) 6/3/91 Page 3 Councilmember Boro commented that the Council received a letter from Steven Ness regarding his points of view. He hoped that the informal community meetings would continue on this subject. Ms. McNamee stated that they had tried to set up several meetings to get the community together for this. Mr. Boro asked if the present lighting at the facility is safe at night or should there be some temporary lighting put in now around the perimeters. Ms. McNamee stated that it was safe now, with the late daylight hours now and during the Summer. She stated that they had $14,000 in a grant left from Albert Park available possibly for the first stage of lighting. Vice -Mayor Breiner stated that she noticed a fair amount of damage has been done there over the years and asked what was causing this. Mr. McNamee stated that the original lights were not protected from accidents very well. She stated that they assume the underground wiring is still in good repair, for reuse. Ms. Breiner suggested that some lighting on the roof might be a little removed from the possibility of being damaged. Councilmember Thayer asked about the temporary lighting theory, with regard to the safety factor concerns within the community. She indicated a concern regarding injuries when people are leaving the recreation center, as far as liability to the City is concerned. Mr. Bernardi stated that in order to put lights up they would need to run conduits to them with wiring and foundations which would become a permanent installation. Rather than spend the money to do this without a design, a temporary lighting of the outside of the building would be more in order. Ms. McNamee explained that the existing spotlights on top of the building are there now temporarily and have been for the last five years, but are very glaring. Councilmember Thayer moved and Councilmember Boro seconded, granting approval of the parking lot design and authorizing the Public Works Director to sign the proposal with Industrial Power Technology for lighting design for the Recreation Center. Vice -Mayor Breiner then indicated there were people from the community wishing to speak on this issue. Sandra Lollini, resident of San Rafael, asked if they were discussing lighting just the parking lot or the entrance to the park as well. Ms. McNamee indicated it did include the entrance to the park as well. Linda Bellatore, Planning Commissioner and resident of San Rafael, stated that she felt the Council should look at the Master Plan, as it was designed earlier, and what is involved now. She indicated that they needed to get more activities going in that park and more interest from the public so that some of the problems in the area will start to dissipate. She stated that the area has gone through a major change in living styles; Centertown with 60 apartments is being built soon and the Andersen Drive terminus will also be in the area in the future. She suggested working with the schools, Police Department, the business community, the Chamber of Commerce, the neighborhood associations, and residents of that area to clean up this area to make it more safe to use this park. Vice -Mayor Breiner asked Ms. McNamee if there is any thought to reviewing the Master Plan at this time and updating it. Ms. McNamee stated that this was discussed with Linda Bellatore and Councilmember Boro in their initial meeting, noting they were trying to get back together on this and possibly enlarge the group. She stated they were possibly going to come up with a new plan which would probably mean hiring a landscape architect to re-evaluate this with community input. Councilmember Thayer asked if there was any way to fund some new playground equipment at this park, stating that while on a tour of the City parks, she noted that the equip- ment was very old at this park. She asked if this was in the Redevelopment Agency area and Ms. McNamee answered affirmatively. Ms. McNamee stated they had looked into this and would probably be moving the playground to another location. She also stated that they would look at all the financing options. Paul Cohen, San Rafael Planning Commissioner, stated that the priority should be making this a safer park and then replace the equipment. Stephen Ness, San Rafael resident, referred to the letter he wrote to the Council which was attached to the staff report. He stated that he, too,felt it was unsafe to take his children to this park at this time. The priority, according to Mr. Ness, is the safety in the park. He stated new equipment would be nice, but making the area more safe is definitely more important. Steve Patterson, San Rafael resident, stated that they recently sent out a survey to their neighborhood with regard to this area. The number one concern was traffic and number two was Albert Park. He stated even adults were afraid to go near this park because of harassment of people staying in the park. SRCC MINUTES (Regular) 6/3/91 Page 3 SRCC MINUTES ,,egular) 6/3/91 Page 4 Vice -Mayor Breiner thanked the speakers and indicated Council would give it the attention it needs. She asked Ms. McNamee how soon something would be set up in the park. Ms. McNamee responded that they would be putting some meetings together in the next few weeks for the initial group to put together a plan. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 9. 1991 GENERAL PLAN EVALUATION (P1) - File 115 x 10-2 Planning Director Pendoley explained that this evaluation was not only to assess progress made during the year, but also to identify General Plan Amendments and other program changes that may be appropriate. He stated that Jean Freitas prepared the report and asked her to give Council a summary of it. Principal Planner Freitas stated that the Plan provides accountability on how well the various General Plan implementing programs have been accomplished for the last few years. She then went on to give a summarization of the Plan to the Council. She stated there will be some land use changes done through amendments to the General Plan at a later date. She then discussed some proposed text modifications, starting on Page 7. Councilmember Thayer asked Ms. Freitas if Council would be legalizing non -conforming uses through doing this. Ms. Freitas answered they would not. City Attorney Ragghianti answered this by stating there was much debate on this complex issue. He stated that if a currently existing non -conforming use was destroyed and was a residential structure, it should be rebuilt. There will be a public hearing conducted on this issue. Council - member Thayer then asked to clarify that it would not be illegal. Mr. Ragghianti stated that it would not. Councilmember Shippey asked if this was a legal decision or a policy decision that the City wants to preserve residential housing. Mr. Ragghianti answered that it was purely legal. He stated that during the public hearing, the policy decisions would be made. Councilmember Thayer then asked if there was strong existing policy concerning preserving rental housing and low and moderate cost housing units. Mr. Ragghianti answered affirmatively. Councilmember Thayer then referred to Page 5, Item 8a. She asked why this was not being designated as hillside resource residential, rather than hillside residential given the 50% slope. Ms. Freitas answered that because the surrounding residences are designated as hillside residences, it does not make any difference as far as hillside potential. It also is only 2 acres, which also determines this issue. Councilmember Thayer asked about Page 5, 8b, with regard to the Los Ranchitos connector and watching more traffic on Lincoln Avenue. She expressed her concerns about the high density designation that has been given that area. She stated that when the Merrydale Overcrossing is built, there will be even more density. Ms. Freitas stated that a second priority for a Lincoln Avenue Corridor Plan in the General Plan was to look at this more specifically. It was put in as a high density corridor because currently it is. She stated it is a high priority plan for the future, given these circumstances. Councilmember Thayer then asked about the Elk's Lodge property, stating that this would change the lower portion and wondered if there were any plans to sell the site. Ms. Freitas answered there were no plans at this time. Councilmember Boro complimented Ms. Freitas on the report. He then asked about the East San Rafael Task Force. Ms. Freitas stated that it was noted on Page 2. Councilmember Thayer asked where the Hillside Development Standards were located. Ms. Freitas stated this will be in the next year's accomplishments part of the Plan. Councilmember Boro asked about the tree ordinance issue. Mr. Pendoley answered that it is a Priority 3 in the General Plan. In the Budget it is listed as something to be done on a time available basis. Councilmember Boro stated he has received some inquiries on this issue. Councilmember Boro asked about Pages 7 & 8, the changes indicated. He wanted to know if this was just clarifying the issue, not setting a new tone. Ms. Freitas indicated it was making it clearer. Councilmember Shippey inquired about Sun Valley, Los Gamos, and Loch Lommond, in that they seemed to be moving away from the Open Space designation. He stated that there were some concerns raised by constituents regarding backing away from publicly owned open space. Ms. Freitas stated that this was not part of the general policy of the City. SRCC MINUTES (Regular) 6/3/91 Page 4 SRCC MINUTES (Regular) 6/3/91 Page 5 Vice -Mayor Breiner asked if there was anything in the General Plan that addressed the housing color scheme on hillsides and control of repainting houses. Ms. Freitas stated she would let Principal Planner Delimont know about this in relationship to the Hillside Design Standards. Vice-P1ayor Breiner then asked about Page 3, under the Dominican area, if the parcels indicated were all developed. Ms. Freitas answered they were. Vice -Mayor Breiner then asked about residential and office use on Page 8, if there was anything being worked on to develop a solution for the parking issue. Mrs. Freitas stated the parking sections in the zoning ordinance are being revised. Councilmember Boro asked about the issue of the unreinforced masonry buildings. He stated it may be more prudent not to restore some of these buildings from a cost point of view, asking whether there will be enough flexibility to require new parking if demolition of a building was proposed? Ms. Freitas stated that if a property is being redeveloped, parking would be expected to be provided in accordance with the parking provisions in the ordinance. Vice -Mayor Breiner asked about the item, status report for all programs. She stated she wondered if they should revise the wording of review City landscape waterinq practices to determine waYYs to reduce water usaqe and call it Review City landscapinq and waterinq practices. Ms. Freitas answered affirmatively. Vice -Mayor Breiner then asked about ESR -q, III, Business Trash Receptacles and Pickup, if Requires standard design trash and recycling receptacles was added. Councilmember Thayer indicated that San Rafael does not have curbside pick-up now, but will have if AB 939 passes. Ms. Freitas indicated that this was mostly an East San Rafael policy, and could possibly be put into the Fall report. Councilmember Boro moved and Councilmember Thayer seconded, to accept the report and direct staff to prepare the General Plan Amendments. He added a commendation to the Planning Department on the fine job done on this report. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 10. RESOLUTION AUTHORIZING ANNEXATION AGREEMENTS WITH MARIN COUNTY (Fin) - File 4-13-82 x 5-2 Finance Director Coleman explained that the County has not been properly implementing the agreement according to Proposition 13. He stated there was a committee formed which met with the County. He stated that the City of San Rafael should be receiving approximately $37,000 back from the incorrect distributions over the last 10 years and from here on the original agreement will be implemented, as intended in 1979. He then explained the agreements to be approved. Councilmember Shippey asked how the incorrect amounts could be checked if they did not go back and recheck the computer calculations. Mr. Coleman answered that they did take two or three annexed areas in the County and refigured those, finding that the amounts were very insignificant. Councilmember Shippey then asked how they got to that position. Mr. Coleman answered that the State did an audit in the County Auditor's Office on another subject and uncovered this practice. Vice -Mayor Breiner asked what the difference might be. Mr. Coleman stated in the neighborhood of $200. Councilmember Boro asked Richard Arrow, County Auditor, to give them an explanation of where the City stands on these issues. Mr. Arrow then gave an explanation to the Council, stating that with present auditing practices this error will not be repeated. Councilmember Thayer moved and Councilmember Boro seconded, to adopt Resolution authorizing the signing of an agreement with Marin County on the distribution of taxes in annexed areas. RESOLUTION NO. 8418 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH MARIN COUNTY ON THE DISTRIBUTION OF TAXES IN ANNEXED AREAS AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 6/3/91 Page 5 SRCC MINUTES kRegular) 6/3/91 Page 6 11. CITY COUNCIL REPORTS: a. DISCUSSION OF AB 939, MANDATING RECYCLING 25% OF GARBAGE BY 1995 - File 9-1 x 13-2 Councilmember Thayer stated she reported to the Marin County Council of Mayors and Councilmembers that the amount of debris going into the waste stream has to be reduced by 25% by 1995 and 50% by 2000. She stated that the Waste Management Committee at the County level is designing a plan to do this. One of the plans could be very costly to the City of San Rafael because it includes such items as curbside pickup of composting materials, mandatory recycling in some areas, etc. It will need to be worked out with the City's franchisers and it may create increased rates for the public. She stated that public hearings will probably be held this summer, but the cities have not yet received the draft of this plan. She stated that City Managers and Planners should be looking at this now. She also added that Finance Director Coleman has been attending these meetings. She explained that the City of San Rafael is close to making this 25% goal now. She stated that there is a $10,000 a day fine for those cities who do not make this goal. City Manager Nicolai asked Councilmember Thayer if there will be a response to the letter staff wrote to receive copies of this draft. Councilmember Thayer stated that she will be meeting with Sharon Mavis to resolve this problem. Ms. Nicolai asked if there has been any more discussion on this committee about the JPA concept for implementation. Councilmember Thayer stated this would be discussed at the meeting on Thursday. Ms. Nicolai explained that as this study is completed, there is a great disparity within Marin County as to who is doing what amount of recycling. She stated that as a countywide project, it is not apparent which city is doing their part and who is not and would the assessment of San Rafael, where residents are already paying for recycling and have already made the goal, go to other cities who need that assistance in order to make their goal. She stated that looking at this document now is very important, so in the future the City does not get locked into some- thing that would be a disadvantage to the City and cause the residents to pay even more money, when it is not necessary for this City. Councilmember Thayer stated that the study, itself, has added $2.20 a ton to material at the land- fills. The State is mandating, as a component to this plan, a site study to determine applicable sites for composting. She stated these sites already exist, noting she felt that the money should not be spent for a study of this. 11. b. 101 CORRIDOR ACTION COMMITTEE'S REQUEST FOR SHARED FUNDING - File 170 Councilmember Boro explained the letter from County Supervisor Roumiguiere to the Council with regard to the formula that represents the City's share of approximately $9,000 (20%) of the Marin County effort. He asked that this be carried over to the next Council meeting on June 17, 1991 because there was one issue he still wanted to pursue with the County. Vice -Mayor Breiner carried this item over to the June 17, 1991 Council meeting. ADD ITEMS: C. RISK MANAGEMENT PREVENTION PLAN - File 13-2 Councilmember Shippey noted he was bringing this before the Council because he had a great concern about it. He stated that some Risk Management Prevention Plans were already being prepared for two pools and other miscellaneous items, which deal with hazardous chemicals used in the pools. He was concerned about the funding for these plans. He requested more information from staff regarding how Council will prepare themselves to engage in this expensive study which appears to be mandated by the State. City Manager Nicolai responded that they will come back on a subsequent agenda with a report on this. She stated it was very similar to the seismic safety requirements and it is hard to estimate the cost of these types of studies because they will probably be site by site plans related to the physical plan of each site. She stated it would be necessary to estimate what the figures would be for each project before they would know how complex the project is. Councilmember Shippey expressed his concern that it may be more economic to consider one plan for all the projects. Fire Chief Marcucci stated that the plans are very specific and the guidelines have been set by the State of California, but the staff has been more flexible in the modifications of these plans than the State. He stated they were governed by the Office of Emergency Services of the State on hazardous sites. Councilmember Shippey SRCC MINUTES (Regular) 6/3/91 Page 6 SRCC MINUTES Regular) 6/3/91 Page 7 asked how many sites might be involved in this and what cost is involved. Chief Marcucci responded that the sites indicated on the report given to Council are the sites that have disclosed their hazardous material to the Fire Department. He stated there are approximately 18 facilities in San Rafael with these hazardous materials that need to be dealt with. Depending on the type of materials stored, each facility needs to be looked at separately in a very specific way. He stated the buildings need to be looked at for the seismic qualifications, as well as what materials are being stored there. He also stated that when the facilities are notified, they have one year in which to make the corrections. Councilmember Shippey stated that there are quite a few facilities with this problem. City Manager Nicolai responded these do, in fact, need to disclose this to the City and this is the second step. Once the disclosure is obtained, then there should be a plan on how to handle this. Chief Marcucci stated that they gave every person who disclosed their hazardous material a manual in 1987 in which they got some instructions on how to resolve this problem. Chief Marcucci stated they received an updated manual on how to deal with these materials in 1990 from the State and have been working closely with these businesses on this. Councilmember Shippey stated that he needed some indication from the staff that the City is meeting this requirement with a comprehensive approach. Chief Marcucci assured Councilmember Shippey that they were, in fact, working with the community on this project. d. TRAFFIC CONGESTION MANAGEMENT PLAN - File 11-1 x 10-2 Councilmember Boro stated he attended a meeting of the Countywide Planning Group discussing the Traffic Congestion Management Plan. He stated that this would be on the agenda of the Countywide Planning Group for their meeting of June 27, 1991. He gave material to Planning Director Pendoley and suggested that they have some recommendation from the Council at that meeting to represent the interest of the City. City Manager Nicolai confirmed that this would be on the June 17th agenda for the City Council meeting. There being no further business, the meeting was adjourned at 9:37 P.M. JEAN E f . LEONCT6I, `t;ilyleC rk BY: SUZANNE M. DRAKE, Deputy City Clerk APPROVED THIS DAY OF , 1991 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 6/3/91 Page 7