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HomeMy WebLinkAboutCC Minutes 1995-10-16SRCC MINUTES (Regular) 10/16/95 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 16,1995, AT 8:00 PM Regular Meeting: San Rafael City Council Gary 0. Phillips, Councilmember David J. Zappetini, Councilmember Absent: Barbara Heller, Councilmember Others Present: Suzanne Golt, Acting City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: LOCH LOMOND #10 BMR HOUSING - File 5-1-297 x 229 Frank Melcher, 99 Junipero Serra, San Rafael, addressed the Council on behalf of the Villa Real Property Owners Association. Mayor Boro informed Mr. Melcher the Council had received a letter from Charles Willis, President, stating some of the concerns, and a memorandum from Planning Director Robert Pendoley regarding his meeting with the Villa Real Property Owners Association. Mr. Melcher stated the Property Owners Association had two main concerns regarding the positioning of BMR housing on Lot #9 in Loch Lomond #10, which adjoins the Villa Real neighborhood. He stated the most strongly felt concern was the fact that the process for deciding where the BMR housing would be positioned went forward without including members of the Villa Real Property Association in the process. Mr. Melcher felt that, despite the fact they had supported the process of development, as this process went forward they had been excluded, to the detriment of the Villa Real Property Owners Association and to the detriment of the process. Stating their second concern, Mr. Melcher reported that in examining the development, it seemed to the Association that the nature of the development, in terms of the cost of the houses in Loch Lomond #10 and the unique aspect of the Mello -Roos District, made it an unlikely candidate for on-site BMR housing. He stated the Association felt it might be advantageous to the City if the Council took the opportunity to consider that if a full -rate house was built at that location there would be more tax available for the City, in addition to the housing. Mr. Melcher noted the principles behind the BMR seemed laudable to the Association, in terms of making affordable housing available, but it also seemed as though there could be a way to increase the tax base for the City, as well as get the property. Mr. Melcher stated that in addition to these two concerns, there was also the issue that the other members of the Loch Lomond #10 Association would end up paying for the BMR unit's share of the Mello -Roos District, adding an extra burden to the other homeowners of Loch Lomond #10. Mr. Melcher stated the Villa Real Property Owners Association urged the Council to delay this project, and to consider the concerns of the Association and include them in the process. Mayor Boro again referred to the memorandum from the Planning Department outlining the Association's concerns, and noted he had been informed of an oversight by the Planning Department which resulted in the Villa Real Property Owners Association not being noticed when this issue came before the Council two years ago. Mayor Boro stated he was recommending Planning Director Pendoley research alternatives and return to the Council with an up -dated report within thirty days. Mayor Boro assured Mr. Melcher that the Association would be noticed when this item returns to the Council. CONSENT CALENDAR Councilmember Zappetini moved and Councilmember Phillips seconded, to approve the recommended action on the following Consent Calendar items: ITEM 1. Approval of Minutes of Regular Meeting of Monday, September 18, 1995 (CC) 2. Monthly Investment Report (Fin) - File 8-18 x 8-9 RECOMMENDED ACTION Approved as submitted. Accepted report. SRCC MINUTES (Regular) 10/16/95 Page 1 SRCC MINUTES (Regular) 10/16/95 Page 2 The following items were removed from the Consent Calendar for discussion: LUCAS VALLEY ROAD INTERCHANGE IMPROVEMENTS -- AWARD OF CONTRACT FOR AERIAL LEAD DEPOSITION TESTING (PW) - File 4-3-298 x 9-3-40 Councilmember Phillips stated he had been struck by the range of bids, from $8,000 to $44,000, asking if there was a reason for such a large difference? Public Works Director David Bernardi reported that Environmental Solutions, the company that bid $44,000, did not really want the project. Mr. Phillips asked if Geocon Environmental had overlooked anything in their bid? Mr. Bernardi responded they had not missed anything, and noted that these contractors were all on a list of contractors approved by CalTrans, they have all had a preliminary screening, they all could do the work, and they all have the proper licenses to do the work. Mr. Bernardi explained that the proposals sent to the contractors were all the same, and the contractors attached their own values to the various items of work. Mr. Phillips asked if the City had previously contracted with Geocon Environmental, and Mr. Bernardi responded that we had not. Mr. Phillips asked if their references had been checked, and Mr. Bernardi stated that they had been, and that CalTrans also recommended the City award the bid to Geocon Environmental. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution accepting the proposal from Geocon Environmental for lead deposit testing at the Lucas Valley Interchange in the amount of $8,124. RESOLUTION NO. 9486 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING PROPOSAL FROM GEOCON ENVIRONMENTAL FOR AERIAL LEAD DEPOSITION TESTING FOR THE LUCAS VALLEY INTERCHANGE IMPROVEMENTS PROJECT IN THE AMOUNT OF $8,124. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 4. APPROVAL OF CLOSURE OF FOURTH STREET BETWEEN "A" AND "B" STREETS ON FRIDAY, OCTOBER 20, 1995 FROM 5:00 PM TO 9:00 PM FOR BUSINESS IMPROVEMENT DISTRICT (BID) FUNDRAISER FOR RAFAEL THEATRE (RA) - File 11-19x224 Councilmember Phillips stated that while he is in favor of the BID's fundraiser for the Rafael Theatre, he asked if the City had a formal policy regarding requests for street closures, noting there has been an increasing number of requests recently. He felt the City should have a written statement outlining the type and frequency of the activities that would qualify, and general guidelines for reviewing these requests. Acting Redevelopment Executive Director Jake Ours explained that when a request for a street closure is received, the request is submitted to the Board of Directors of the Business Improvement District, and they either approve or disapprove the request. Mr. Ours noted that any request for a street closure that is presented to the Council has already been approved by the BID, and if a closure is requested for a significant length of time, a poll is taken among the affected merchants to be certain that a majority of the merchants agree with the closure. Mr. Phillips stated this seemed like a very good process, but he felt the City should have a clear statement as to the circumstances under which these requests would be granted. Mayor Boro stated he felt the process currently being used was a good one, but agreed it would be worthwhile to discuss guidelines and the principles involved when a street closure is granted, noting there could be a disagreement with the merchants. He felt it was very likely the City would begin receiving an even greater number of requests for street closure once the Rafael Theatre opens and they begin planning their promotions, and it would be in the City's best interest to have the Redevelopment Agency develop a set of written guidelines to bring back to the Council. Councilmember Phillips moved and Councilmember Cohen seconded, to approve staff recommendation authorizing the closure of "A" and "B" Streets on Friday, October 20, 1995 from 5:00 PM to 9:00 PM for Business Improvement District (BID) fundraiser for the Rafael Theatre. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS SPECIAL PRESENTATION Cohen, Phillips, Zappetini & Mayor Boro None Heller PRESENTATION OF HONORARY MEMBERSHIP AND TROPHY CUP FROM SISTER CITY FALKIRK, SCOTLAND'S ARTS AND CIVIC COUNCIL (CULT. AFF) - File 128 x 104 SRCC MINUTES (Regular) 10/16/95 Page 2 SRCC MINUTES (Regular) 10/16/95 Page 3 Cultural Affairs Commissioner Wilma Gibbons presented Mayor Boro with an honorary membership and trophy cup from Sister City Falkirk, Scotland's Arts and Civic Council, noting the loving cup was an especially warm recognition of the friendship extended to the City of San Rafael by the City of Falkirk, Scotland. Mayor Boro recalled that former Councilman Graham Allen, representing Falkirk District Arts and Civic Council, had made this presentation to Councilmember Heller, Library Director Vaughn Stratford, and Falkirk Director Carol Adney, during his recent visit to San Rafael, which Mayor Boro was now pleased to accept on behalf of the City of San Rafael. Mayor Boro then welcomed Agnes Robertson, a member of the City Staff of Falkirk, Scotland, who was visiting San Rafael to meet with Fred Devlin, a resident of San Rafael who has been promoting an exchange program with students from San Rafael and Scotland. Mayor Boro reported the first exchange of students will visit next July, and noted there has also been an interest in an exchange between scout troops. Ms. Robertson stated she heads a community safety unit in Falkirk District, and works with many youth programs, particularly in the area of substance abuse, and anti -graffiti projects. Ms. Robertson noted she has been discussing the possibility of starting a work exchange program between City officials of Falkirk and San Rafael, which could be sponsored by the Cultural Affairs Commission, or as part of the City's Expansion or Development programs. She stated she had received a lot of interest in this proposal, and noted such a program could be of great benefit to all who participated. Ms. Robertson noted there were two tiers of government, Falkirk District and the Central Region. First, on behalf of the Central Region, she presented Mayor Boro with a plaque and a paperweight to commemorate this visit. She then presented Mayor Boro with a picture of Falkirk Highstreet, which was commissioned for this presentation. On behalf of the City of San Rafael, Mayor Boro presented Ms. Robertson with the San Rafael City flag, a book about the City of San Rafael, a plate with a picture of Falkirk, a t -shirt, and a tote bag. Mayor Boro stated he was very pleased Ms. Robertson was able to visit the City, noting she had been discussing some of her programs with members of our Police Department, and that he was looking forward to hearing their views. On behalf of the City of San Rafael, Mayor Boro expressed appreciation for the gifts to the City. PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE UNIFORM BUILDING CODE -- "ELEVATOR REQUIREMENTS IN HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES" (PW) - File 1-6-1 x 13-1-1 x 13-16 Mayor Boro declared the Public Hearing opened and reported the applicant had requested the hearing be continued to November 20, 1995. Councilmember Phillips moved and Councilmember Zappetini seconded, to continue the Public Hearing to November 20, 1995. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS NEW BUSINESS Cohen, Phillips, Zappetini & Mayor Boro None Heller 7. PRESENTATION BY JACK DEVLIN ON REQUIREMENTS FOR A COMPLETE RATE APPLICATION -- SCHEDULE OF PREMIUM CREDITS TO REFLECT COMMUNITY -WIDE FIRE MITIGATION MEASURES (VOLUNTEER EFFORTS RE: VEGETATION MANAGEMENT PROGRAM) (FD) - File 9-3-31 x 9-6-2 x 13-1 Mayor Boro reported that he had recently been informed that the California State Insurance Commissioner, Chuck Quackenbush, had established a new regulation, to become effective January 1, 1996, regarding potential credit for communities who have taken certain actions with respect to wildland fires. Mayor Boro invited Jack Devlin, a citizen of the community who has a background in this area, to address the Council regarding this new issue and how it might affect the City of San Rafael. Mr. Devlin stated he had a particular interest in this issue because his wife is involved with the Fire Commission and with Vegetation Management in San Rafael. He reported his background is in the insurance business, having been in the property and casualty insurance business in various capacities for the past twenty-seven years, and noting he holds the designation of Charter Property Casualty Underwriter. Mr. Devlin felt his background gave him a good understanding of this area; however, after reviewing this new regulation, he SRCC MINUTES (Regular) 10/16/95 Page 3 SRCC MINUTES (Regular) 10/16/95 Page 4 found it to be a "good news/bad news" situation for the City. He stated this new law did put the City of San Rafael in a favorable light with respect to the regulations because it mandates that any filing for an insurance rating plan in California after January 1, 1996 must include a discount or rating allowance for communities that have programs such as the Vegetation Management Program that is currently in place in San Rafael. However, Mr. Devlin stated that in order to affect such a discount, rating plans must calculate the exposure of wildland fires which, historically, has never been done in Northern California, although it does occur in many areas of Southern California. Mr. Devlin stated there is a condition known as "brush rating" which has never been done in Northern California, and this new law will likely promulgate some research by the insurance companies into how to rate certain territories for brush and high-risk wildland fire conditions, and then calculate a discount for those communities that have a very aggressive and well developed Vegetation Management Program, as San Rafael has. Mr. Devlin explained that, on the whole, the citizens of San Rafael will likely benefit from this new law, but it does contemplate the fact that in some instances there may be an increase in rates for policy holders who live in these wildland fire areas, before a discount can actually be applied. He stated the overall effect would be a neutral rate adjustment, noting there would not be an increase overall from the insurance companies, some rates would go up and some would go down, and then discounts would be applied to the neighborhoods that have a Vegetation Management Program in place. Councilmember Zappetini asked Mr. Devlin if he thought this program might cause the insurance companies to begin cancelling policies? Mr. Devlin responded that this program did not really have anything to do with the cancellation or renewal of the policies, noting this related strictly to the way policies are rated and how the premium charges are developed. He reported the regulation states that after January 1, 1996, any company in California who files a new rating plan for homeowners insurance must include a discount in communities having a well developed Fire Safety Program. Mr. Zappetini asked if this was only for homeowner fire insurance policies, and Mr. Devlin responded that was correct. Mayor Boro stated that potentially, with the aggressive program the City already has in place, and communities that do have wildland fire hazards, there should be a definite dollar value benefit over the long term. Mr. Devlin stated there should be some lower rates for the residents of San Rafael who live in high risk areas. He noted, however, this would not be an instantaneous change, because the insurance companies will first need to file a new rating plan. Councilmember Phillips referred to Mr. Devlin's statement that some rates would go up, some would go down, and in the aggregate it would be about the same, and Mr. Phillips asked if there was anything that could be done to reduce the overall aggregate? Mr. Devlin stated the regulation is not specific on many of the actual issues of implementation, and that his views on how these changes will be handled are, in part, only his assumptions, based on his many years in the industry. He explained that in order for there to be a discount, there must be an acknowledgement in the rating plan of an underlying hazard, in this case the wildland fire hazard would be the most prominent. He reminded the Council that this was not a current feature of the rating plans in Northern California, and that in order to affect a discount, there would first need to be a recognition of the hazards. He believed that when the insurance companies file these plans, there is a high probability that they will lower some rates, increase others, and then create a discount for those policy holders whose rates were increased, allowing for the rates to be discounted if the community has a program such as exists in San Rafael. He noted that communities that do not have a program in place would not receive a discount. Mr. Phillips asked what kind of time frame Mr. Devlin felt this would involve? Mr. Devlin stated it would take the insurance companies some time to develop a rating plan that addresses this issue, but the regulation states that effective January 1, 1996 they will not be allowed to file a rating plan without a discount built into it, including some type of an allowance for community fire management. Mr. Devlin again stated it would take the insurance companies some time to develop a rating plan that has this feature in it, because in the past it has not been a part of rating homeowners policies in Northern California. Mr. Devlin stated the changes should start to show up with plans that are filed in 1996, and by the end of 1996 some insurers may already be affected by this change. Mr. Devlin noted that in the ensuing years, as companies come forth with new rating plans, this new requirement will generate such a discount in each and every case. Mayor Boro thanked Fire Chief Robert Marcucci and Division Chief Brian Waterbury, who were also in attendance, noting they had supported this program throughout San Rafael. CITY COUNCIL REPORTS: I_11101194iv, E Mayor Boro asked the Council to hear this item as an Urgency Item, as it was not received until after the agenda had been posted. SRCC MINUTES (Regular) 10/16/95 Page 4 SRCC MINUTES (Regular) 10/16/95 Page 5 Councilmember Cohen moved and Councilmember Phillips seconded, to add this item to the agenda, which came up after the agenda was posted. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller FEDERATION OF SAN RAFAEL NEIGHBORHOODS GRAFFITI & GENERAL CLEAN-UP DAY, SUNDAY, OCTOBER 29, 1995 - File 13-9 Mayor Boro stated he had received a letter from the Federation of San Rafael Neighborhoods, requesting the Council's endorsement for their Graffiti & General Clean-up Day, and introduced Dennie Dyer. Mr. Dyer reported the Federation of San Rafael Neighborhoods is sponsoring what they hope will be their first annual Clean-up Day in San Rafael, on Sunday, October 29, 1995 from 9:00 AM until 4:00 PM. Mr. Dyer felt the event would encourage residents to take the initiative to eradicate graffiti, pick up litter, and remove weeds from median strips throughout the City. Mr. Dyer stated residents are encouraged to work with their neighbors to initiate clean-up projects in their particular neighborhoods. Mr. Dyer reported the Clean-up Day volunteers will be rewarded with a free picnic at the Bocce courts at Albert Park, beginning at 1:00 PM, where food and refreshments will be served. Mr. Dyer noted that admission to the picnic will be a bag of litter or weeds picked up in San Rafael during the day; however, he informed the Council that he had been authorized to waive the bag of litter admission requirement for the Councilmembers. Mayor Boro stated he felt if the Councilmembers were going to play they, too, had to pay. Mr. Dyer stated the Federation of San Rafael Neighborhoods was seeking the Council's endorsement of the Graffiti & Clean-up Day Program, and extended an invitation for the Councilmembers to join them on October 29th. Councilmember Cohen felt this type of volunteering, as shown by the Federation of San Rafael Neighborhoods, is what the City is going to need from now on in order to maintain the City and keep it the kind of place we want it to be. He stated he appreciated the effort that has gone into this project, and told Mr. Dyer that in spite of the waiver, he would do his best to contribute a bag of trash. Councilmember Cohen moved and Councilmember Phillips seconded, to endorse the Federation of San Rafael Neighborhoods' Graffiti and General Clean-up Day on Sunday, October 29, 1995 from 9:00 AM to 4:00 PM. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller Public Works Director Bernardi stated he had been working with Steve Patterson in preparation of the Clean-up Day project, and reported to the Council that the City is going to supply the trash bags, which are similar to those used on the freeways by CalTrans, and the City will also pick up the trash bags at the various locations and be responsible for the disposal of the bags. There being no further business, the meeting was adjourned at 8:32 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/16/95 Page 5