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HomeMy WebLinkAboutCC Minutes 1994-11-07SRCC MINUTES (Regular) 11/7/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 7, 1994, AT 7:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Clark E. Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: a. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(a)) County ■ Case Name: Copple, et al_ v. City of San Rafael, et al., Marin Superior Court Case No. 148065. b. Conference with Labor Negotiators (Government Code §54957.6) Negotiators: Suzanne Golt/Daryl Chandler Employee Organizations: San Rafael Firefighters' Association MAPF - Child Care Unit IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 7, 1994, AT 8:00 PM RE: CLOSED SESSION ITEMS 1a. Assistant City Attorney Guinan reported that no reportable action was taken. 1b.Assistant City Attorney Guinan reported that no reportable action was taken. Sanford Gossman stated that when Council elects to have the Marin County Humane Society administer animal control in this County, the things they do reflect on the reputation of the City and he holds the City liable. He reported that Leland Jordan, Attorney for the Marin County Humane Society, was present and asked that Council question him as to why his dogs were recently euthanized. Mayor Boro indicated that would not be appropriate at this time since Mr. Jordan was here for another purpose. Councilmember Thayer moved and Councilmember Heller seconded, to approve the recommended action on the following Consent Calendar items: 2. Approval of Minutes of Regular Meetings of Approved as submitted. September 19, 1994 and October 17, 1994 (CC) 3. Approval of Recreation Department Reorganization Approved staff recommendation SRCC MINUTES (Regular) 11/7/94 Page 1 11/7/94 Page 2 (Rec) - File 9-3-65 x 7-4 x 7-8-1 SRCC MINUTES (Regular) to hire a Recreation Program Aide to fill vacant Recreation Supervisor position. 5. Authorization to Call for Bids - Reroofing of Approved staff recommendation. Fire Station No. 2 (PW) - File 4-1-472 x 9-3-31 7. Shoreline Industrial Park - Release of Obligations RESOLUTION NO. 9242 - AUTHORI- Under 1983 Subdivision Agreement (PW) - File ZING THE MAYOR AND CITY CLERK TO 5-1-241 x 9-3-40 EXECUTE THE DOCUMENT ENTITLED "RELEASE OF OBLIGATIONS UNDER AGREEMENT" PERTAINING TO SHORE -LINE INDUSTRIAL PARK. 9. Resolution of Appreciation for David Nattress, RESOLUTION NO. 9243 - RESOLUTION Public Works Maintenance Worker III, Employee OF APPRECIATION FOR DAVID of the Quarter ending September 30, 1994 (CM) NATTRESS, PUBLIC WORKS MAINTEN- - File 102 x 7-4 x 9-3-40 ANCE WORKER III, EMPLOYEE OF THE QUARTER ENDING SEPTEMBER 30, 1994. 11. Authorization for Police Department to Submit Approved staff recommendation. a Letter of Intent to Participate in the Violent Crime and Law Enforcement Act of 1994 (PD) - File 9-3-30 12. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1668 - AMENDING TITLE 5 OF THE SAN RAFAEL Ordinance No. 1668. MUNICIPAL CODE TO AMEND CHAPTER 5.34 - REGULA- TION OF SKATEBOARDS, ROLLER SKATES AND BICYCLES - TO ADD SECTION 5.34.040 AUTHORIZING POLICE OFFICER OPERATION OF BICYCLES ON PUBLIC SIDE- WALKS (PD) - File 11-27 x 9-3-30 AYES: Mayor Boro NOES: ABSENT: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & COUNCILMEMBERS: None COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 4.EXTENSION OF AGREEMENT WITH KIM R. BLACKSETH dba KIM R. BLACKSETH, INTERESTS INC., AS CONSULTANT ON DISABLED ACCESS REGULATIONS (CM) - File 4-10-27'� x 1�-1-1 Councilmember Zappetini asked if this contract is yearly or hourly. Public Works Director Bernardi explained it is an hourly contract; Mr. Blackseth gets paid only when he does plan checks, and that cost is reimbursed by building permit fees. Mr. Zappetini asked how much we paid Mr. Blackseth last year. Assistant City Manager Golt estimated it was $5,000 or less, noting we occasionally use Mr. Blackseth for non -plan checking related items, but that is very infrequently. Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt a Resolu-tion extending the agreement with Kim R. Blackseth dba Kim R. Blackseth, Interests Inc., as consultant on disabled access regulations. RESOLUTION NO. 9244 - AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH SRCC MINUTES (Regular) 11/7/94 Page 2 11/7/94 Page 3 AYES: Mayor Boro NOES: ABSENT: SRCC MINUTES (Regular) KIM R. BLACKSETH dba KIM R. BLACKSETH, INTERESTS INC., AS CONSULTANT TO THE CITY ON DISABLED ACCESS REGULATIONS, for the period from November 1, 1994 through October 31, 1996. COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & COUNCILMEMBERS: None COUNCILMEMBERS: None 6.FALKIRK EXTERIOR PAINTING ANn RFT ATFn REPAIRS - 1994 (PW) - File 4-1-471 x 4-3-67 x 5-19 x 9-3-84 a. RESOLUTION OF aWaaD OF CONT_aACT TO BaY CONSTRUCTION. INC. b. RESOLUTION AUTHORIZING LOAN OF 540,000 FROM UNAPPROPRIATED RESERVES FOR EXTERIOR PAINTING AND RELATED REPAIRS Councilmember Thayer asked the probability of the loan being repaid in the near future and how well the fundraising is coming along. City Manager Nicolai stated it has been going well; they have been selling shingles and there is a high probability the loan will be repaid. She stated that getting this project done is critical to stimulating the fundraising, noting they have done well getting grants and raising money thus far, and staff is confident it will continue. Ms. Thayer asked if it was necessary to continue using the same color of paint. Ms. Nicolai answered "Yes, it has to be historically correct." Councilmember Cohen urged Council to approve this because the building has not been painted since 1979, and if we do not do something, there will be no building. He pointed out there have been $750,000 worth of improvements identified for Falkirk, and this is a way to help preserve the building as it sits and enhance the appearance. Councilmember Thayer asked if this takes care of dry rot repairs on the porch. Mr. Cohen answered it does, as well as the painting and stucco. He stated the roof is in good shape, and it has already been seismically strengthened. Councilmember Heller agreed that we must do this project now and it should not go through the winter. She asked if we have asked other cities with historical build-ings if they have any way to leverage funds. Ms. Nicolai stated it is unusual for a city to be involved with historical buildings; it is usually a non-profit organiza-tion that handles these things. And, there is great competition for grants. Judith Mallory. Revenue Coordinator for Falkirk, stated she was grateful the Council is considering this loan to the campaign, noting the community has contributed about 58% of the costs of the exterior preservation, and the response is encouraging. Ms. Mallory stated the expectations are high that this is just the beginning of the community rallying behind Falkirk. She stated they take the loan very seriously and will be doing extra activities between now and the end of the year to assure it will be paid back in a very timely manner. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the Resolution awarding the contract for Falkirk exterior painting and related repairs to Bay Construction, Inc. RESOLUTION NO. 9245 - RESOLUTION OF AWARD OF CONTRACT FOR FALKIRK EXTERIOR PAINTING AND RELATED REPAIRS TO BAY CONSTRUCTION, INC. (lowest respon-sible bidder in the amount of $127,665). AYES: Mayor Boro NOES: ABSENT: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & COUNCILMEMBERS: None COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Thayer seconded, to authorize a loan of $40,000 from Unappropriated Reserves for the exterior painting and related repairs at Falkirk. RESOLUTION NO. 9246 - AUTHORIZING A LOAN OF $40,000 FROM SRCC MINUTES (Regular) 11/7/94 Page 3 11/7/94 Page 4 AYES: Mayor Boro NOES: ABSENT: SRCC MINUTES (Regular) UNAPPROPRIATED RESERVES FOR FALKIRK EXTERIOR PAINTING AND RELATED REPAIRS PROJECT COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & COUNCILMEMBERS: None COUNCILMEMBERS: None 8.ADOPTION OF RESOLUTIONS DECLARING SURPLUS AND AUTHORIZING APPLICATION THEREOF FOR CERTAIN ASSESSMENT DISTRICTS: (EWI a. FRANCISCO BOULEVARD EAST ASSESSMENT DISTRTCT - File 6-34 b. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-36 c. MARIPOSA ROAD ASSESSMENT DISTRICT - File 6-49 d. KERNER BOULEVARD ASSESSMENT DISTRICT - File 6-35. Councilmember Zappetini asked how much the existing bonded indebtedness is for each assessment district. Public Works Director Bernardi stated it depends on how old the assessment districts are; generally the length is 20 years. He stated that in this instance, funds would be applied towards the unpaid balance. Finance Director Coleman added that Kerner Boulevard has approximately $3 million still outstanding in bonded indebtedness. Sun Valley has about $200,000, Mariposa less than that, and Francisco Boulevard East even smaller still. Mr. Zappetini asked if it is advantageous for us to pay down the ones that are low and then move on. Mr. Bernardi stated that if the money is paid into the bond account, what you are doing is paying back the property owners. The other option is to declare surplus, then the City would use it for maintenance. Mayor Boro clarified that the surplus would stay within each specific district. Mr. Bernardi stated the property owners would benefit by the City maintaining the facilities. Councilmember Heller asked, since Sun Valley is open space, how will the money be used to maintain it? Mr. Bernardi indicated we entered into an agreement with the County when we turned over a lot of open space to them that specified that for a three year period, we would pay them $30,000 each year. He stated this is the third year, so this $10,000 would go towards that and reduce our debt. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt Resolutions declaring surplus and authorizing application thereof for certain assessment districts. RESOLUTION NO. 9247 - DECLARING SURPLUS AND AUTHORIZING APPLICATION THEREOF FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT RESOLUTION NO. 9248 - DECLARING SURPLUS AND AUTHORIZING APPLICATION THEREOF SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT RESOLUTION NO. 9249 - DECLARING SURPLUS AND AUTHORIZING APPLICATION THEREOF MARIPOSA ROAD ASSESSMENT DISTRICT RESOLUTION NO. 9250 - DECLARING SURPLUS AND AUTHORIZING APPLICATION THEREOF KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10.aTATEMENT OF BUDGET AND REVENUE POLICY (Fin) - File 8-5 x 8-9 Councilmember Zappetini asked if the policy we have had over the years has been changed due to recent negotiations for pay raises. Finance Director Coleman stated it has been, temporarily, because both this fiscal year and next we will be drawing down on reserves to fund our operating budget. He stated this is being brought to the Council to get direction as to how to go about preparing next year's budget. SRCC MINUTES (Regular) 11/7/94 Page 4 SRCC MINUTES (Regular) 11/7/94 Page 5 City Manager Nicolai explained there are two different policies: 1) we do not use reserve funds for operating expenses including salaries, and 2) not to go below a 10o reserve. She stated what is being reaffirmed tonight is not going below the 10o reserve. The policy that was modified was using the reserve surplus for salaries which is being done this year and possibly next year. Councilmember Cohen stated it is his understanding that what the Council is agreeing to is to balance the budget out of the excess reserves above the 10o, but the goal for the 1996/97 budget is that we fund operations out of current revenues rather than operating at a deficit. Ms. Nicolai agreed. Mayor Boro stated this acknowledges formally what we have agreed to as part of the negotiations and also restates our policy currently with respect to the reserve balance and to give direction to staff as they prepare future budgets. Councilmember Zappetini moved and Councilmember Thayer seconded, to accept the Budget and Revenue Policy Report. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13.PUBLIC HEARING - APPEAL OFACCESS REQUIREMENTS - 11 FOURTH STREET, WARREN ROBINSON, APPELLANT (PW) - File 13-1-1 x 1-6-1 Public Works Director David Bernardi stated the Council is sitting as the Board of Appeals to consider a request for a variance on the requirement of the State law as well as the Americans with Disabilities Act (ADA). Mr. Bernardi pointed out that Mr. Robinson submitted an additional piece of information tonight with a more detailed description of the items of work he plans to do on the bathroom if the appeal is granted. Mr. Bernardi stated this building is one of the unreinforced masonry buildings, and Mr. Robinson plans to spend approximately $30,000 in bringing it up to standards. Because he is getting a building permit, the Title 24 and ADA come into play. He explained that the bathroom, as it currently exists, is an alcove surrounded by four brick walls, and the only space is for the doorway. The rest is brick walls, and is too small to meet the exact requirements of the handicapped access laws. Mr. Bernardi stated that what Mr. Robinson is proposing to do, if the appeal is granted, is to spend 20o, as is allowed by regulation, to make the bathroom accessible by cutting part of the brick out to make the door wider, taking out the wash basin and putting it outside the bathroom, so the bathroom will be as accessible as it can be without physically relocating it to another part of the building. The total cost to rebuild a brand new bathroom, was originally estimated at about $8,800. He is planning to spend $6,300, with a difference of $2,500. Mr. Bernardi pointed out that Mr. Robinson would also be losing valuable, rentable floor area because he would have to use additional floor area for the bathroom, and noted that Mr. Robinson is going a long way to make the bathroom accessible. Mayor Boro asked what else would need to be done to make the bathroom fully in compliance, in addition to what Mr. Robinson is proposing to do. Mr. Bernardi stated the room is too narrow and does not allow the proper turning radius for wheelchairs. He noted it would be difficult to maneuver a wheelchair, but the toilet will be the kind that is required; it will have grab bars and the necessary levers. Councilmember Cohen asked if Kim Blackseth, ADA Consultant, had been contacted since this report was prepared. Mr. Bernardi stated that today, Mr. Blackseth indicated perhaps Mr. Robinson should spend the additional $2,500 to make it fully accessible, although he realizes it would take up rentable space. Mayor Boro declared the Public Hearing opened. Warren Robinson, property owner of 1321 Fourth Street, stated his store has been empty for three months, and it will be another month before it SRCC MINUTES (Regular) 11/7/94 Page 5 SRCC MINUTES (Regular) 11/7/94 Page 6 can be rented, which is $8,000 out of his pocket. He noted the upstairs tenant may have to be given a month's free rent, which will be another $1,400. He stated he has had to borrow the money for this project and is having to make payments on a loan for which he has no current income. He noted that removing the wall and taking out the sink would accom-modate anyone on crutches or a walker, and if a person can get out of a wheelchair. He stated there is approximately four feet of cement under the foundation, making it extremely difficult to change the toilet. He pointed out the building was built in 1871 and is very solid. Councilmember Zappetini asked if there have been many handicapped people using the bathroom in the past. Mr. Robinson stated no handicapped person has ever asked to use the bathroom in the 33 years he has owned the property. Mayor Boro closed the Public Hearing. Councilmember Heller asked if and when the building is sold, would the next owner be required to bring it up to ADA standards. Mr. Bernardi answered that if anyone were to request a building permit, they would have to spend 20o of their budget on making the building accessible. The intent of the law is that eventually the building will be made fully accessible. Councilmember Thayer asked how much square footage the expansion would take up. Mr. Bernardi stated, roughly, it would be between 60 and 75 square feet. Mayor Boro noted another option would be that Mr. Robinson could somehow guarantee or bond the amount of money for the entire project and then within a particular time frame, such as 24 months, he could either do the additional work or have the building rented for 2 years and would be receiving rent. At that point, the building could be brought up to code. Mr. Bernardi explained that the regulations do not specify when the requirements have to be met; the Board of Appeals could set that time table. Councilmember Cohen stated this work is being done as part of the seismic project, and we cannot assume that the charge of $8,000 would remain the same to redo the bathroom if the contractor was not going to be on-site already to do $30,000 worth of work. Once the contractor has already mobilized his equipment to do the seismic work, there would not be the set-up cost to do the bathroom. In another two years, the bathroom by itself may be $10,000. Mayor Boro pointed out it is the same with the $2,500 remaining; it will probably cost more to do that project. Councilmember Thayer stated that putting time lines could interfere with business and current tenant needs and would create a hardship. Mr. Bernardi explained that the law says the Appeals Board can consider the require-ment an unreasonable hardship if the cost of the improvements necessary to making the building accessible exceeds 20o of the total cost of the work being done. In this instance, the $8,800 is approximately 300 of the total cost. Councilmember Zappetini asked if the City would lose tax dollars if the Board of Appeals required the full $8,800 repair and Mr. Robinson lost the additional square footage. Mr. Bernardi stated that was correct. Councilmember Heller stated we should encourage Mr. Robinson to spend the additional $2,500, but not mandate it because of the large financial impact he is facing. Councilmember Heller moved and Councilmember Thayer seconded, to grant the appeal and the improvements to be made will be those as indicated by Mr. Robinson, with the understanding that subsequent building permits will trigger additional effort towards bringing this facility into compliance even though it impacts total square footage. Mayor Boro supported the motion and noted it was helpful to get the list of work to be done and thought it showed a good faith effort. Councilmember Cohen agreed that the appeal has merit. SRCC MINUTES (Regular) 11/7/94 Page 6 SRCC MINUTES (Regular) 11/7/94 Page 7 Mr. Bernardi explained that a Resolution would be brought to the Council Meeting of 11/21/94. AYES: COUNCILMEMBERS:Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 14.,PUBLIC HEARING - ADOPTION OF ORDINANCE AMENDING THE CENTRAL SAN RAFAEL REDEVELOPMENT PLAN AND TIME LIMITS (RA) - File 140 x R-140 XIII Redevelopment Assistant Executive Director Ours explained that the State passed legislation last year to change some of the Redevelopment Agency's timelines in order to eventually sunset Redevelopment Agencies. He noted there is no immediate impact, but there will be in the long range. The deadline to incur debt existing in the current Plan is 2017, and will be changed to 2004. That means actually issuing bonds. The deadline for actually doing projects is presently 2017 and will be changed to 2012. There is currently no deadline to receive tax increment; we do have an agreement with the County, but there is no time on that. That would be put to November 20, 2022. Mr. Ours explained these changes are mandated prior to the end of 1994 to be in compliance with State law. Councilmember Zappetini asked what the impact is on Mr. Ours' position and the Agency. Mr. Ours stated we have other things going on, and it is estimated there are 3 years left on our projects. He noted if we were to reissue bonds next year, that would extend the date of the timeline of those projects. Councilmember Cohen stated we do not have much choice but to comply with State law. Mayor Boro declared the Public Hearing opened. Mayor Boro asked if anyone from the audience wished to speak regarding this issue; no one wished to speak. Mayor Boro closed the Public Hearing. Councilmember Heller asked if there is any other legislation coming through next year to change any of this. Mr. Ours stated there is none to change these timelines, but there are other changes aimed at trying to eliminate what they consider to be abuses of the Redevelopment Agencies. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN AMENDMENT TO THE CENTRAL SAN RAFAEL REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6 AND AMENDING A RELATED ORDINANCE IN CONNECTION THEREWITH" Councilmember Cohen moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1669 to print by the following vote, to wit: AYES: COUNCILMEMBERS:Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 15.PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE, VEHICLES FOR HIRE, TO REVISE SECTION 10.60.050 REGARDING THE REVOCATION OF LICENSES. AND TO REVISE SECTION 10.60.080 REGARDING INSURANCE REOUIREMENTS (Fin) - File 9-9 Finance Director Coleman explained the first item would help clarify language, to help make future decisions as to when a new certificate for public convenience should be brought before the Council. He noted there have been past situations where there has been a change of stock ownership, and not necessarily a change of assets. The City SRCC MINUTES (Regular) 11/7/94 Page 7 SRCC MINUTES (Regular) 11/7/94 Page 8 Attorney's office has drafted language to treat this as a change of ownership to be brought to the Council for a Public Hearing to obtain a new certificate of public convenience. Mr. Coleman stated the second item involves insurance, noting that during the last 18 months, there have been some concerns regarding insurance require-ments. He explained that previously it was required that the insurance be obtained from a company that was allowed to do business in California. There have also been some "off -shore" companies whose headquarters are in the Bahamas, etc., and there has been a question of whether these companies would make good on the insurance. Mr. Coleman stated the third issue has to do with the actual dollar amount of insurance required, noting $100,000/$300,000 has been the standard for 25 years, and staff feels that amount should be updated to reflect the potential costs today. The amend-ment will increase the insurance requirement to $500,000 and specify that the insurance company must be an admitted carrier in the State of California, or have a rating of 'A' or better to insure the quality of the company insuring the taxi cabs. Councilmember Zappetini asked if the City could be held liable in an accident since the City issues the permit. Mr. Coleman said we would not be. Mr. Zappetini asked if we should be named as an additional insured on the policy. Assistant City Attorney Guinan stated that is not necessary; we have an immunity for issuing permits for permitees operating within the City, and noted it is very unlikely that even if we were named in a suit, we would not be successful getting out on a demurrer. Mr. Zappetini asked if this is endorsed, would present companies be required to get a new certificate showing proof of the new amount. Mr. Coleman stated one of the companies currently meets the standard, and the other has indicated they will meet the standard if the Ordinance is adopted. Councilmember Heller asked if we are notified if a company cancels its insurance during the year. Mr. Coleman stated there is a provision that the City must be notified if there is going to be a cancellation, and in the past we have had situa-tions where the insurance was cancelled nearly every month. He stated we advise them that if it is not reinstated by a certain date, they are not allowed to operate within the City. Mayor Boro declared the Public Hearing opened. Mayor Boro asked if anyone from the audience wished to speak regarding this issue; no one wished to speak. Mayor Boro closed the Public Hearing. The title of the Ordinance was read: "AN ORDINANCE AMENDING CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE, VEHICLES FOR HIRE, TO REVISE SECTION 10.60.050, REGARDING THE REVOCATION OF LICENSES, AND TO REVISE SECTION 10.60.080 REGARDING INSURANCE REQUIREMENTS" Councilmember Zappetini moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1670 to print by the following vote, to wit: AYES: COUNCILMEMBERS:Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 16.APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE FROM MARIN DOOR-TO- DOOR FOR TAXI SERVICE (Fin) - File 9-9 Finance Director Coleman stated Marin Door -to -Door has applied for a Certificate of Public Convenience to operate a taxi service within San Rafael due to a recent change in ownership of an existing cab company. He noted they previously applied in April, and it was denied. Mr. Coleman stated that except for the change in ownership, there have been no other significant changes; there are still 21-22 cabs operating. The issue should be the need for taxi service. Mr. Coleman stated he is not aware of any complaints about the current level of service. He noted the Council also has the option to choose SRCC MINUTES (Regular) 11/7/94 Page 8 SRCC MINUTES (Regular) 11/7/94 Page 9 to deregulate the taxi service and let the free market determine who should operate taxis. Mayor Boro stated this item is only predicated on ownership. The issue is demand and proof of demand, and asked that that issue be stuck to in tonight's discussion. Mayor Boro declared the Public Hearing opened. Paul Bobrow., owner of Marin Door -to -Door Airport Shuttle, stated when he first applied in April, there were four taxi companies, and by the time he came to Council, there were three companies; now there are two. He stated one company owns 90o of the market, and the other company owns the other 10%. He stated he does not believe it is the purpose of the Council to prevent competition. He stated Mr. McCord has three companies and has the option of combining them into one organization or keeping them separate. He stated when a person opens the Yellow Pages, they think they have three companies, when in reality it is all one company. He felt that controlling 90o of the market is not in the public interest. He pointed out that Sausalito had a monopoly on taxi service for 20 years and have now opened their market to a second taxi company, noting Mr. McCord argued successfully before the Sausalito City Council that protectionism is wrong, and it is a benefit to the community to open up the market place. Mr. Bobrow agreed with that assessment. He indicated that at the hearing in April, Marin Cab reported they were being hurt because business was so bad. They had two vehicles not in service, and now they are ordering three new cabs. Mr. Bobrow stated this is directly the result of protectionism, and is for their self-serving interests and not in the best interest of the community. Mr, Rohrow stated Marin Door -to -Door deserves to enter this marketplace because they have worked hard to develop a shuttle service, noting they are skilled in this area and already have a dispatching organization and deal with insurance requirements. He stated he has 38 employees who have a stake in this. He indicated Marin Door -to - Door has competition from limousine services and taxi services, and not to allow him to face the competition would put him at a disadvantage. He noted that additional shuttle services have won application to do shuttle service in Marin. He stated he hires cabs all the time, and more so as his business grows. He stated people come to them for their transportation needs, and it is only right that he should be able to provide full service. He noted he went from 2 employees four years ago to 38 now. Mr. Bobrow asked the Council to reconsider and approve his application. Mayor Boro asked if existing taxi companies could apply to the PUC for a license to take people to the airport. Mr. Bobrow explained that what he has that is different from a taxi service is that he can go from door to door to door to the airport, to share a ride. Taxi service can pick up at one location and go to another location, from point A to point B. Mayor Boro asked if Mr. Bobrow had anyone competing with him in Marin County for shuttle service. Mr. Bobrow answered that no one was, although USA Airport Shuttle from the Eastbay won the right to go to Oakland Airport, started with 8 shuttles, but is now floundering, and Lorry Shuttle just won the right to come into Marin County, but they have not done it. He noted a few other small companies have certificates to provide shuttle service, but are not doing it. Councilmember Cohen asked if anyone is operating with both a license from PUC and a certificate to operate a taxi? Mr. Bobrow indicated not in Marin County. Councilmember Zappetini asked where Mr. Bobrow got his 90o and 10o figures. Mr. Bobrow answered it was from a newspaper quote from Mr. McCord, but that he, himself, has not done a scientific study. Mr. Zappetini asked how many cabs Mr. McCord has compared to the 100? Mr. Coleman answered that Marin Cab has five cabs, and the rest are split between Belaire, Radio and Yellow Cab. Mr. Bobrow stated he would start with one or two and let the market determine the growth. Mr. Zappetini asked if the application is approved, would it limit Marin Door -to - Door Cab to two cabs, or would it open the door to as many as they would like. Mr. Coleman stated if the certifi-cate is approved, there SRCC MINUTES (Regular) 11/7/94 Page 9 SRCC MINUTES (Regular) 11/7/94 Page 10 is no limit to the number of cabs. Councilmember Cohen asked if any of the cab companies are precluded from getting a license from the PUC. Mr. Bobrow answered anyone can apply with the PUC, and he has not protested when anyone has done that. Mayor Boro asked Mr. Bobrow if, in addition to the desire to grow, he has done any surveys and does he know if there is a market. Mr. Bobrow stated he has not taken a survey, but the drivers or dispatchers are often asked if the passengers can be taken somewhere else besides the airport. Greg McCord, owner of Radio Cab, stated the question tonight is whether the market has really changed since the last time Mr. Bobrow applied, have there been any new dynamics in the market to warrant additional licensing. Mr. McCord stated the only change is that he now owns Radio Cab, Belaire Cab and Yellow Cab. He stated he does not have 900 of the Market in Marin County, he operates 16 cabs between the three companies. He noted Radio Cab, Belaire Cab and Yellow Cab are entirely autonomous, separate operations; they share the same maintenance facility only. He indicated Belaire Cab is primarily based out of Mill Valley, and 95% of the business comes from there and is still run by Robert DeWalt. Radio Cab and Yellow Cab are run by Gary Grouse. Mr. McCord stated his purpose in buying the three companies was purely investment, not a ploy to mislead any customers. He stated there is a different rate structure for each of the companies, different dispatchers, they will stay autono-mous and the drivers drive only for their respective companies. He noted there has been no growth in San Rafael, nor has the market changed since Mr. Bobrow previously requested a certificate. Mr. McCord stated he is concerned that Mr. Bobrow would have an unfair advantage, noting if Mr. Bobrow operated only one or two taxis, it would not affect the others much, but what the Council would be approving would be another cab company to come in to compete in an already saturated market. Mayor Boro asked for clarification regarding a person hiring a cab to take him to the airport. Mr. McCord stated he could take a passenger to the airport, but could not drop him off at the terminal; there is only a certain area they can be dropped off. Councilmember Heller asked if Mr. McCord could go to the PUC to get a license so he could drop passengers off at the terminal. Mr. McCord stated he could, and the last time he expressed that intention, Mr. Bobrow ardently came out against it and said he would protest the application. Councilmember Zappetini asked if Mr. Bobrow used Mr. McCord's cab companies occasion -ally. Mr. McCord answered mainly around Christmas time, otherwise there are very few calls from him. Ian T,ambton- one of three owners of Marin Cab Company, stated the main issue is the need for another cab company. He noted they have been operating for 9 months and have grown and would like to continue to grow. He stated that since the City Council has authority over existing cab companies, a greater consideration should be given to them at this point and their desire to grow. Mr. Lambton stated that when Mr. Bobrow requested a certificate in April, Marin Cab was operating 4 cabs and owned 6. Today 5 cabs are operating, one cab needs to be replaced, and they would like to put more on the road. He noted their growth has been within the existing market and has come to them because of their competitive edge from quality of service. He felt the market has not grown beyond where it was when they began operation. He stated a year ago it was not uncommon for people to have to wait 20 minutes for a cab; now it is only a 10 or 15 minute wait. Mr. Lambton said if need and desire to grow are a consideration, then the concern should be with the existing cab companies. Councilmember Zappetini asked if Marin Cab has many calls from Mr. Bobrow for assis-tance. Mr. Lambton answered that they have a number of them; they have an account with him. Mayor Boro closed the Public Hearing. SRCC MINUTES (Regular) 11/7/94 Page 10 SRCC MINUTES (Regular) 11/7/94 Page 11 Councilmember Cohen stated he would like to see the market stabilize because there have been a lot of changes lately, and he would like to get a sense of how the service is going and how the public is being served before the door is opened to a new operator. He stated he is convinced we should continue to regulate the industry, and would stand with the previous decision and deny the application. Councilmember Zappetini stated the question gets down to do we need another taxi company, and the argument has not come across clearly that we do, especially with the lack of a survey. He stated he would prefer to wait and see if the existing companies continue to grow, and at that time further competition might be healthy, but feels it is premature at this time. Councilmember Heller stated she will vote in favor of granting the application because it is a level playing field, and all the companies have the opportunity to go to the PUC to add the door-to-door feature if they so choose. She stated the biggest protection we can give the public is to give them a choice, and it will help keep the rates down. She stated free enterprise is the best system that can be offered to the public. Councilmember Thayer stated that even though the issue is not whether to regulate or deregulate cab companies, she wanted to state for the record that she does not believe in protectionism; she believes in a free enterprise system, and it is ludi-crous in Marin County that the cities are trying to regulate the cab industries. She stated the cities are too small and close together, and should get together on a larger scale. However, since that is not the issue, she stated she felt tonight's situation has not changed appreciably to warrant granting the application. Mayor Boro stated he was interested to see if the applicant had any surveys and noted there have been no complaints to staff about taxis not being available. He stated it is not a matter of trying to protect existing companies. He stated he does not think the playing fields are level because for the existing cab companies to get into door-to-door service, they would need a different fleet of vehicles. Marin Door - to -Door is quite successful at what he is doing. Mayor Boro stated he would be willing to look at the request again in a few months to see if there is a need at that time, but there does not seem to be much change since April. Councilmember Zappetini moved and Councilmember Thayer seconded, to deny the applica-tion for a Certificate of Public Convenience from Marin Door -to -Door for taxi service and to bring it back to Council in 8-12 months, at the discretion of the applicant, to consider it once again. Councilmember Thayer asked that the cities of Marin get together on this issue at the City Managers' meeting, and noted the only reason for regulation would be the safety issue and to make sure they have insurance. City Manager Nicolai stated that Finance Director Coleman has surveyed other cities in the past to see how they deal with this issue. She agreed that insurance and safety are the only things it makes any sense to be involved in. She stated it could be brought up to MCCMC to have it looked at on a County -wide basis, but absent that, the Council could, during the next year, ask staff to modify the City's involvement. Mayor Boro asked that Ms. Nicolai take it to the City Managers' Meeting to see what the thinking might be elsewhere. He stated that unless there is an advantage for the Council to continue to referee this, maybe the best thing to do would be to let it go free market throughout the County. Councilmember Cohen stated he thinks there are some good reasons to continue to regu-late cab companies. With regard to the motion, he would vote to deny the application, but does not want to vote that this issue will be brought back in any specified time period. If an applicant can demonstrate a rationale for approving the license, the Council should be willing to look at it, but not specify that it will be brought back in a specified time period. He stated he would rather the motion was just to deny the application, which does not preclude the applicant from bringing it back at a future date. SRCC MINUTES (Regular) 11/7/94 Page 11 11/7/94 Page 12 Councilmember Zappetini restated application for a Certificate to -Door for taxi service. SRCC MINUTES (Regular) his motion to read, to deny the of Public Convenience from Marin Door- Councilmember Thayer stated as an aside to her second, she was asking that the City Manager take this to the City Managers' Meeting. AYES: COUNCILMEMBERS:Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS:Heller ABSENT: COUNCILMEMBERS:None 17. CONSIDERATION OF ABANDONMENT OF SORRENTO WAY RIGHT-OF-WAY (PW) - File 2-12 Public Works Director Bernardi reported that a petition was received from residents of Sorrento Way, and correspondence explaining their concerns regarding the proposed abandonment of the City's interest in Sorrento Way. He stated they are requesting the Council's conceptual consideration because the actual abandonment, if favorably considered, will cost them between $2,000 and $3,000. He noted if it is determined through the title report that the City owns the underlying fee, then there is a value to that land. If the City does not own the underlying fee, the City would then abandon its interests, generally a roadway easement, and the property owners would have to negotiate with whomever the fee owner is, in order to acquire the underlying fee. Mr. Bernardi stated staff recommends considering the basic principle of abandoning a roadway as a broad issue, rather than considering just Sorrento Way. He stated another issue to be considered is the Police and Fire Department's response time, noting there are procedures they use to get into areas where there are locked gates. He stated the mechanics are not difficult to resolve, just response time and how to deal with that. Mr. Bernardi stated the only action that needs to be taken tonight is whether or not to support their request for abandonment. If the request is supported, they will proceed with the steps necessary to bring it before formal abandonment proceedings. Councilmember Zappetini asked if the homeowners will be the owners of the street if the City abandons this property. Mr. Bernardi said that is correct. Mr. Zappetini asked if there would be any cost to the City. Mr. Bernardi answered negatively. Llo.yd Watson. Sorrento Way homeowner, asked the Council to abandon the street in their favor, noting the two main reasons are health and security. He stated Sorrento Way is unique in that no other street in San Rafael has the same perimeters, being opposite a park and no one has a reason for going down that street. Mr. Watson noted three homeowners have had burglaries. Bill Weeks. Sorrento Way homeowner, emphasized this will cost the City nothing; it will actually result in a cost saving because the homeowners will be taking over the maintenance of the street. He indicated he just completed this same procedure in Vallejo, and he has experience in doing it. Mr. Weeks noted the gate they plan to install on Sorrento Way is a break -away gate with snap locks and will be designed completely to code. He stated they want approval on the concept, not only because of the cost involved, but they have to design the gate, do all the engineering, and get an attorney to form a Homeowners' Association. He stated this is very important to the homeowners and noted almost every morning Roland Bacci cleans up condoms and beer bottles. Mr. Weeks stated prostitutes hang out in the area. The homeowners realize there are not Police resources available to police the streets, and they want to take care of it themselves. He noted many condominiums and apartment buildings have gated communities in the Canal area, so they are not doing anything different from them. He implored the Council to consider their request. Councilmember Zappetini stated that since one side of the property borders SRCC MINUTES (Regular) 11/7/94 Page 12 SRCC MINUTES (Regular) 11/7/94 Page 13 the park, what happens if something comes over the fence from the park, do the homeowners plan to put up a higher fence so that will not happen? Mr. Weeks stated the fence will not stop people from walking down the street, it is strictly to keep cars from coming down there and parking. Warren Weisenburg, Sorrento Way resident, stated that one afternoon he discovered bloody handprints on his wall, and upon further investigation, five homes had been affected. The Police surmised is was a scared, fleeing individual who was jumping from fence -to -fence between the homes. Another time, a drunk driver was vomiting in the street. He stated Police have chased away people sleeping in their cars, and three weeks ago, a drunk or drugged man was sleeping it off under one of the trees. He noted this is in addition to the prostitution and condom and beer bottle problems. He stated there is increasing street crime in the Canal area, especially vandalism, graffiti and auto burglary. Because of their proximity to the park, it puts them at greater risk. Councilmember Cohen stated there is a step that needs to be taken that is not in the staff report, which is, are we willing to consider abandonment of the City's interest in Sorrento Way. The short answer is, "Yes", however, the staff report suggests we ought to immediately proceed to title fees and the details of how we are to go about doing that. The step that is missing is the why. He stated there should be a set of findings that would justify what appears to be unique circumstances on this particu-lar street. He stated in the future, there would be some guidelines as to when abandonment is appropriate. Mayor Boro stated his concern is with the character of the City. What he does not want to see happen is to do something with Sorrento Way, then all of a sudden every other cul-de-sac has a gate and the character of the City gets changed. Mayor Boro asked the neighbors to come up with findings showing what makes this situation unique. Mr. Weeks stated that the placement of gates is determined by health and safety codes, and he will provide the Council with the code information and will show why their street is a unique situation. Councilmember Thayer asked if this would prevent pedestrian access. Mr. Weeks answered it would not, it is only for cars. Ms. Thayer asked if it was a greater risk to the residents of Sorrento Way to have people driving in or walking in. Mr. Weeks stated there is very little foot traffic. Councilmember Zappetini asked if there is another street near them that may also apply for abandonment. Mr. Weeks stated that he did not believe other streets in the area would comply because of fire codes based on turn -around area and straight area requirements. Mr. Zappetini asked if the condominiums and apartments that are gated must also meet a certain code. Mr. Weeks answered affirmatively, stating that because of the codes, the requests for abandonment would be self-limiting. Mayor Boro re-emphasized that the homeowners need to demonstrate to the Council things that are unique to Sorrento Way over and above that people do not belong there because they do not live there. Mr. Weeks agreed to work with the Council along those guidelines. Mr. Weeks asked that the homeowners be given enough positive feedback from the Council so they can spend some money to get the studies done. Mayor Boro asked that they first start with the physical reasons that make this unique to their street, and the liabilities to the property owners so Council can agree in principle to those ideas. Mr. Weeks asked if Council would like the propo-nents to come back in another month or send a letter going through all the items in detail. Mayor Boro asked that they begin to put something together and also asked the City Attorney to review this issue. Mr. Bernardi stated that the findings the Council will develop can be included in the first formal action they will take, which is to adopt a Resolution of Intention to Abandon the Right -of -Way. If Council finds that due to public convenience, (then list findings) that we wish to abandon the right-of-way of Sorrento Way. He stated what the homeowners are asking is, do you feel comfortable enough with the SRCC MINUTES (Regular) 11/7/94 Page 13 SRCC MINUTES (Regular) 11/7/94 Page 14 philo-sophical concept of the abandonment to take the next step. Mayor Boro stated that he and Councilmember Cohen are not ready to do that yet until they identify the findings to show that there is a unique situation. Once that is determined, the next logical thing would be to make the findings formal and go to the next step. Councilmember Heller stated she wanted to look very hard at the safety factors with the Police Chief. Also, she asked if they were aware of the expense of forming a Homeowners' Association. She suggested hiring a private guard for the evening hours. Mr. Weeks stated that, at $10 an hour for about 12 hours a day, it would be too expensive, noting a gate would be $50 worth of maintenance and electricity a month. Also, he asked if we wanted to have a militarized zone. Councilmember Thayer agreed there is a public health and safety issue, noting she has no problem going forth with this process to set forth findings. Councilmember Zappetini stated that conceptually, he did not have a problem with the abandonment. Councilmember Cohen stated he was not necessarily going to insist that we find this situation unique. He stated if we found another set of circumstances similar to those on Sorrento Way, we might also conclude it was appropriate to abandon the property. He stated he is more interested in coming up with findings that provide a justification for taking this action. Based on what we have heard, he felt Council can come up with a reasonable set of justifications for this proposal, and that is the step that needs to be taken. He noted that step can be taken without anyone spending money. Mayor Boro asked the proponents to come back in a month or 6 weeks with their findings. Then once Council has that, hopefully they can agree conceptually to the request. He stated the item will remain open with an open date until they hear from the homeowners. I S • 1� to 0 M Z4 34*6) a. LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY 96th ANNUAL CONFERENCE, LONG BEACH. OCTOBER 25, 1994 (VERBAL) - File 9-11-1 x 9-1 Councilmember Heller reported on her attendance at the League of California Cities' "Working Together for California's Future" Conference and distributed a report on the resolutions packet so the Council can see what is going on in other parts of California. She noted the only two that failed to pass were No. 3, Term Limits for General Law Cities, and No. 15, Alcohol Rehabilitation Programs. She stated the remainder that passed will now go to the California League of Cities with a recommendation that they actively look to legislation and/or work towards any legislation which is out there now. b. COMMUNITY MEETING SPONSORED BY THE FEDERATION OF SAN RAFAEL NEIGHBORHOODS AND THE DOWNTOWN ADVISOR GROUP MONDAY, NOVEMBER 14, 1994, 7:00 PM AT THE SAN RAFAEL COMMUNITY CENTER RE VISION OF DOWNTOWN SAN RAFAEL (VERBAL) - File 10-2 x 140 x (SRRA) R-140 XIII Mayor Boro reminded everyone there will be a meeting Monday, November 14, 1994, at 7:00 PM regarding the Vision of Downtown San Rafael to review with the public where we are going and to get input from the public. c. CALTRANS PUBLIC FORUM ON THURSDAY. NOVEMBER 17. 1994. AT THE SAN RAFAEL COMMUNITY CENTER RE 101 HOV GAP CLOSURE PROJECT (VERBAL) - File 11-16 x 171 x 9-2-47 Mayor Boro reminded everyone there will be a CalTrans Meeting on Thursday, November 17, 1994, where CalTrans will make a presentation and listen to comments. All questions raised will be answered in their EIR. There being no further business, the meeting was adjourned at 10:23 PM. SRCC MINUTES (Regular) 11/7/94 Page 14 11/7/94 Page 15 , 1994 Page 15 SRCC MINUTES (Regular) JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/7/94