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HomeMy WebLinkAboutCC Minutes 1995-09-05 SRCC MINUTES (Regular) 9/5/95 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 1995, AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session items: CLOSED SESSION AGENDA ITEMS - 7:00 PM - CONFERENCE ROOM 201 1. •Conference with Labor Negotiator (Government Code Section 54957.6) Negotiator: Suzanne Golt Employee Organization: San Rafael Firefighters' Association •Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9) a. Hansen Brothers Enterprises v. Board of Supervisors of Nevada County, et al., California Court of Appeal, Third District Case No. C017070. (Request for City of San Rafael participation as amicus party.) b. Citizens Against New Local Taxes v. City of Agoura Hills, California Court of Appeal, Second District Cast No. B094342. (Request for City of San Rafael participation as amicus party.) •Personnel Decision - Public Employee Appointment (Government Code Section 54957): Title: Acting/Interim City Manager The Council then met in Closed Session in Conference Room 201 to discuss the above mentioned items. IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 1995 AT 8:30 PM RE; CLOSED SESSION ITEMS  Conference with Labor Negotiator (Government Code Section 54957.6) Negotiator: Suzanne Golt Employee Organization: San Rafael Firefighters' Association City Attorney Ragghianti announced that no reportable action was taken on this item. City Attorney Ragghianti announced the following reportable action: • Council voted 5-0 to appoint Suzanne Golt, Acting/Interim City Manager, effective 10/1/95. • Council unanimously approved City's participation as amicus party in the following two cases: 1. Hansen Brothers Enterprises v. Board of Supervisors of Nevada County et al. 2. Citizens Against New Local Taxes v. City of Agoura Hills SRCC MINUTES (Regular) 9/5/95 Page 1 SRCC MINUTES (Regular) 9/5/95 Page 2 ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: SAN RAFAEL FIREFIGHTERS' ASSOCIATION LABOR NEGOTIATIONS - File 9-3-31 (Verbal) Jim Lydon, President of the San Rafael Firefighters' Association addressed the Council, stating the citizens and firefighters of San Rafael had come before the Council a year ago to discuss the impasse that had been reached relating to the City's labor agreement with the Firefighters' Association. He noted that one of the issues presented at that time was the promotional criteria for chief officers. He stated that, unfortunately, all issues were referred to mediation, and during that process it was agreed that the promotional criteria for chief officers would be removed from the contract negotiations and be discussed during the anticipated sessions relating to the Rules and Regulations. Mr. Lydon stated that the meetings began again in March, 1995 to discuss the Rules and Regulations, pointing out that he used the word "again" because they had met and conferred on these issues at different times since the 1970's, although the most serious efforts have occurred since approximately 1990. Mr. Lydon reported that by 1995 an agreement had been reached on the Rules and Regulations, with the exception of the promotional criteria for chief officers, noting this was the same issue presented to the Council one year ago. Mr. Lydon stated the sticking point on this issue was the Firefighters' Association's request that chief officers with command responsibilities should have line experience at the rank of Captain, and the Firefighters' Association wrote a formal declaration of impasse in accordance with City Resolution #4027, on May 12, 1995. Mr. Lydon reported that in June the Firefighters' Association met with the City's negotiators again, in accordance with the Resolution, to make sure both sides understood each other's position and to see if there was a last minute possibility to resolve this matter. Mr. Lydon stated since that time, this matter had been pending at the Council level, and even though there have been some extra-curricular attempts to settle the issue, those attempts have all occurred outside the guidelines as specified in the Resolution. Mr. Lydon reported the Resolution clearly states the next step in the process is for the Council to schedule a meeting with both the labor group and the City negotiators to hear the issue, noting that for such a meeting to be in compliance with the law, it must be held as a Public Hearing. Mr. Lydon stated the Firefighters' Association asked the City Negotiator to respond, with feedback from the Council, as to when a Public Hearing could be scheduled; however, these efforts, over a two to three month period, have been unsuccessful thus far. Mr. Lydon stated he understood the Council had met in Closed Sessions to discuss this issue, and he stood before the Council to ask them directly to either give direction to make progress on the issue, or to comply with the provisions of the City's Resolution #4027. Mr. Lydon recognized the Councilmembers' and City staff's schedules are busy and hectic, as are the schedules of the people representing the Firefighters. Therefore, he suggested the Council direct staff to respond with a couple of dates, should a Public Hearing become necessary. Kirby Overcash addressed the Council, stating that a year ago he had stood before the Council in support of the San Rafael Firefighters and the Firefighters' Association, and that he was there to stand before the Council again, a year later, to ask the Council to continue to work diligently on the matters that were entrusted to the Council to be resolved. He was concerned that these issues had not been resolved by now, and asked the Councilmembers to use their best judgment, and to realize that the issues at hand are more than just the individuals involved, but will greatly impact of the community as a whole as to how the fire safety issues will be handled by the particular people involved, and the requirements that they must have to be in those positions. Mr. Overcash strongly urged the Councilmembers to consider that in their deliberations, and asked that they be expedient on these issues. Mayor Boro stated the Council had been diligently pursuing this issue with much vigor, and although there is no reportable action at this time, Mayor Boro felt the Council was progressing toward a solution. CONSENT CALENDAR Councilmember Phillips moved and Councilmember Heller seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Meeting of Approved as submitted. July 31, 1995 and Regular Meeting of August 7, 1995 (CC) 6. Approval of Grant Contract with State Department ADOPTED RESOLUTION NO. 9441 - of Education for $5,100 for Minor Repair and A RESOLUTION AUTHORIZING THE Renovation of Child Care Facility at Gallinas SIGNING OF A CONTRACT WITH School (Rec) - File 4-10-282 STATE DEPARTMENT OF EDUCATION FOR $5,100 FOR MINOR REPAIR AND RENOVATION OF CHILD CARE FACILITY AT GALLINAS SCHOOL. SRCC MINUTES (Regular) 9/5/95 Page 2 SRCC MINUTES (Regular) 9/5/95 Page 3 7. Approval of Street Closure for Marin Coupe Approved staff recommendation; and Roadster Club Meeting and Antique Car Show event to be held on Saturday, (PD) - File 11-19 9/5/95, from 5:00 PM to 10:00 PM. 8. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved Final Adoption of NO. 1684 - An Ordinance of the City of San Rafael Ordinance No. 1684. Amending Ordinance No. 1555 So As To Remove Zoning Condition to Require a Supplemental Parking Easement at 100 McInnis Parkway for a Restaurant/Hotel (Re: Z88-1(b) Embassy Suites Hotel, 100 McInnis Parkway, AP 180-410-07) (Pl) - File 10-5 x 10-3 x 5-1-303 9. Resolution Authorizing Foreclosure Proceedings: ADOPTED RESOLUTION NO. 9442 - (Fin) - File 8-22 RESOLUTION OF THE CITY COUNCIL a. AP #180-442-07 (Civic Center Refunding OF THE CITY OF SAN RAFAEL Assessment District) ORDERING FORCLOSURE ACTION IN THE CIVIC CENTER - NORTHGATE b. AP #014-152-28 (East Francisco Boulevard REFUNDING ASSESSMENT DISTRICT Assessment district) AND THE EAST FRANCISCO BOULEVARD ASSESSMENT DISTRICT. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (This item was taken out of order.) SPECIAL PRESENTATION 10. PRESENTATION OF RESOLUTION OF APPRECIATION RE: ITALIAN STREET PAINTING FESTIVAL TO PASCALE HERY, ARTIST (RESOLUTION NO. 9423 ADOPTED ON AUGUST 7, 1995) (RA) - FILE 102 x (SRRA) R-140 #8 Mayor Boro presented the Resolution of Appreciation to Ms. Hery, thanking her for representing the City of San Rafael and the City Council as a participant in the Italian Street Painting Festival for the past two years. Mayor Boro cited her beautiful painting at this year's festival, stating it was a joy for all to behold. The following items were removed from the Consent Calendar for discussion: 3. REPORT ON BID OPENING AND AWARD OF CONTRACT FOR REPAIR AND REPAINTING OF PICKLEWEED RECREATION CENTER (PW) - File 4-1-476 Councilmember Heller asked if the bids received on this project had been submitted by the same businesses and individuals who had bid previously and been rejected? Public Works Director Bernardi stated one of the current bidders was resubmitting. Mr. Bernardi noted the reason the project had been re-bid was because of inconsistencies in the documents that had originally been submitted, which would have caused the City to disqualify certain contractors who had actually submitted the bids the City preferred to consider, and the City would have been forced to accept a bid which was higher than the project was worth. The Public Works Department recommended the project be re-bid, noting the company that has been awarded the contract was in full compliance, and that the cost of the project will actually be less than the Department had expected. Councilmember Heller moved and Councilmember Zappetini seconded, to adopt the Resolution awarding the contract for repair and repainting of Pickleweed Recreation Center to Ionic Construction in the amount of $19,400. RESOLUTION NO. 9443 - RESOLUTION OF AWARD OF CONTRACT FOR REPAIR AND REPAINTING OF PICKLEWEED RECREATION CENTER TO IONIC CONSTRUCTION IN THE AMOUNT OF $19,400 (lowest responsible bidder). AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/5/95 Page 3 SRCC MINUTES (Regular) 9/5/95 Page 4 4. RESOLUTION AUTHORIZING PROJECT FUNDING FROM GENERAL FUND WITH PAYBACK FROM N.P.D.E.S. PROGRAM FOR CLORINDA AVENUE DRAINAGE IMPROVEMENTS (PW) - File 12-9 x 8-5 x 4-4-6b Councilmember Zappetini asked if there was a priority list of areas being looked at as far as the amount of money coming in compared to the size of the project? Public Works Director Bernardi stated the Redevelopment Agency had approved and adopted a storm drainage master plan and staff was in the first stage of implementing this plan, essentially from West Francisco Boulevard up Irwin Street, to the point where Andersen Drive crosses Irwin Street, noting the second phase will go into the Bret Harte area. Mr. Bernardi stated that was the priority the Redevelopment Agency and the Council have set as far as storm drainage improvements are concerned. Mr. Bernardi reported this particular project was being brought before the Council at this time because the pipe has literally collapsed, noting that in terms of priority, this project is only a priority because it will not be able to carry the water this winter and the pipe must be replaced. Mr. Bernardi stated one of the issues brought before the Council under the N.P.D.E.S. Program was the replacement of these types of facilities, which because of their deteriorating condition will bring a lot of silt into the waters of San Francisco Bay, and noted that by solving this problem, the City will be eliminating much of the material that gets sucked into the rusted pipe and ultimately carried into the San Rafael Canal. Mr. Bernardi stated that as the City receives more of the N.P.D.E.S. funds, the City would begin to prioritize these types of projects so that ultimately an entire program would be outlined for the Council, probably in a year or so. Mr. Zappetini stated he understood the concerns about the street collapsing, but asked that until it was clear that the silt was contaminated, how would we know if we had set aside enough money to correct such problems? He asked how we would know that the ground was actually contaminated, or if the silt itself would be considered a contaminant? Mr. Bernardi stated it did not matter whether or not the silt had hydro carbons in it or not, the silt itself was considered a contaminant. Mr. Zappetini stated he had thought the silt had to be tested for hydro carbons, and that our priorities would be based on the test results. Mr. Bernardi reiterated this was not the case, and the silt itself was a contaminant. Mr. Bernardi stated this issue was being dealt with under the N.P.D.E.S. Program through our street sweeping component of that program, noting the more the streets are swept the less hydro carbons will get into the storm drain system. Mayor Boro recalled that at the time the Council approved the $15.00 fee, Mr. Bernardi indicated the Council would be given a list of priorities, and stated he assumed this particular item had become a priority. Mr. Bernardi responded that it had. Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt a resolution authorizing project funding from the General Fund with payback from the N.P.D.E.S. Program for Clorinda Avenue Drainage Improvements. RESOLUTION NO. 9444 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING PROJECT FUNDING FROM GENERAL FUND WITH PAYBACK FROM N.P.D.E.S. PROGRAM FOR CLORINDA AVENUE DRAINAGE IMPROVEMENTS. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. LUCAS VALLEY ROAD INTERCHANGE IMPROVEMENTS - AERIAL LEAD DEPOSITION TESTING (PW) - File 4-8-20 x 9-3-40 Councilmember Zappetini asked who would be paying for the testing? Public Works Director Bernardi stated the traffic mitigation fee component of what we are currently paying for the engineering on the project will fund this testing. Mr. Bernardi reported the City was requesting proposals, and would bring them before the Council so you would have a full comparison as to what the work will cost. Councilmember Zappetini asked for clarification on what the Council was being asked to approve, and Mr. Bernardi responded the Council was being asked for staff authorization to solicit proposals. Councilmember Zappetini moved and Councilmember Phillips seconded, to approve staff recommendation authorizing the Director of Public Works to solicit proposals to conduct aerial lead deposition testing for Lucas Valley Road Interchange Improvements. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/5/95 Page 4 SRCC MINUTES (Regular) 9/5/95 Page 5 PUBLIC HEARINGS 11. PUBLIC HEARING - CONSIDERATION OF ADDITION TO SAN RAFAEL MUNICIPAL CODE TITLE 17, WATER AND WATERWAYS, TO ADD NEW CHAPTER 17.30, WATERCRAFT REGULATIONS, SECTION 17.30.010 - SPEED RESTRICTIONS, TO REGULATE WATERCRAFT SPEED IN CITY OF SAN RAFAEL WATERS (PD) - File 144 x 9-3-30 Mayor Boro opened the Public Hearing and asked for the staff report. Police Chief Robert Krolak stated this was a request to codify an Ordinance regulating watercraft speed in the Municipal Code. Chief Krolak explained the members of his department are currently using State action to enforce speed limits for boats on the Canal. Chief Krolak stated this enforcement effort was being made not only for safety reasons, but also because of the siltation build-up within the Canal. Mayor Boro noted Chief Krolak had forwarded his report to the State, explaining that although the State did not necessarily have jurisdiction, they did have the expertise in such matters and had concurred with this proposal. Chief Krolak stated that basically the Police Department was currently enforcing the California Harbors and Navigation Code 5 mile per hour speed limit. However, this law specifies the speed limit within 200 feet of a docked vessel, but because there are no longer as many boats parked in the docking area along the Canal, this law has become unenforceable, which was why the Police Department was requesting an Ordinance be codified within the Municipal Code which would give the Department the authority to enforce the speed limit. There being no public comment, Mayor Boro closed the Public Hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 17.30 TO THE SAN RAFAEL MUNICIPAL CODE CONCERNING WATERCRAFT TRAFFIC REGULATIONS." Councilmember Phillips 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. 1685 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - FINAL MAP FOR OAKVIEW SUBDIVISION, MINOR AMENDMENTS TO PD 1673, AND AMENDMENT TO MASTER ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED94-14); OAKVIEW SCHOOL SITE; 70 SKYVIEW TERRACE, AP NO. 165-010-54, WATERFORD ASSOCIATES, OWNER; OBERKAMPER & ASSOCIATES CIVIL ENGINEERS, INC., REPRESENTATIVES (Pl) - File 5-1-327 Mayor Boro opened the Public Hearing and asked for a report from Planning Director Robert Pendoley. Mr. Pendoley reported there were three items for Council consideration, stating the first item was for approval of the final map, noting this was a ministerial action. He pointed out that if the final map was consistent with the tentative map, the Council has no discretion and must approve it. Mr. Pendoley stated the staff of the Planning Department and Public Works, as well as the Planning Commission, recommended that the final map was consistent, and should be approved. Mr. Pendoley stated the other two actions were technical changes to the Planned District, and to the Master Environmental and Design Review Permit, and noted they involved relatively minor matters, such as changing the allowed set-back in one of the sub- division lots and relocating drainage easements. There being no public discussion, Mayor Boro closed the Public Hearing. Mayor Boro noted there were three separate items before the Council, requiring three separate motions. Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution approving an amendment to the Master Environmental and Design Review Permit and the Final Map for the Montevideo Terrace (Oakview) Subdivision. RESOLUTION NO. 9445 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE MASTER ENVIRONMENTAL AND DESIGN PERMIT AND THE FINAL MAP FOR THE MONTEVIDEO TERRACE (OAKVIEW) SUBDIVISION, 70 SKYVIEW TERRACE (AP NO. 165-010-54) AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/5/95 Page 5 SRCC MINUTES (Regular) 9/5/95 Page 6 ABSENT: COUNCILMEMBERS: None Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt the Resolution approving the final map of Montevideo Terrace. RESOLUTION NO. 9446 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF MONTEVIDEO TERRACE". AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PD (PLANNED DEVELOPMENT 1673) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: Z94-2(b), OAKVIEW SCHOOL SITE, 70 SKYVIEW TERRACE, AP NO. 165-010-54) (Re: The Montevideo Terrace Subdivision)." Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1686 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Michael Smith addressed the Council, noting he was representing Waterford Associates, who had purchased the school site from the School District. Mr. Smith reported Waterford Associates had purchased the property in May of this year, with only a tentative map. He stated a portion of the funds received by the School District are going to be used to construct buildings for the Dixie School District. He reported that these buildings could only be constructed after the School District had received the funds, which would occur upon the sale of the homes. Therefore, when Waterford Associates purchased the property, they were asked to construct the homes as quickly as possible and hopefully have them ready for sale by the Spring of 1996. Mr. Smith expressed his thanks to the City and the many people who assisted in making it possible for them to currently be under construction, noting grading had already begun at the sites. He specifically thanked the staff of the Planning Department, particularly Bob Pendoley, Louise Patterson, and Sheila Delimont, and the Public Works staff, particularly David Bernardi and the City Attorney's office for their help with the CC & R's. He stated Waterford Associates had five meetings, two with Design Review, two with the Planning Commission, and one before the City Council, and felt it would not have been possible to accomplish so much in such a short time without the cooperation of so many fine people. He again expressed his gratitude to Mayor Boro and a fine City staff. Mayor Boro stated it was nice to know the process worked and to be told about it. Councilmember Phillips stated he was been somewhat involved with the School District and had worked behind the scenes on this project. Mr. Phillips felt Waterford Associates was to be complimented on the development itself, noting this project had gone very smoothly and would be a benefit to the School District, as well as the entire community. 13. PUBLIC HEARING - ORDER TO SHOW CAUSE RE: ABATEMENT OF PUBLIC NUISANCE: OVERGROWN WEEDS, TREES AND BRUSH LOCATED AT 10 LINDENWOOD COURT, SAN RAFAEL, JAN & ALICJA PIETRZAK, OWNERS (Pl) - File 3-3-48 Mayor Boro opened the Public Hearing and asked for the staff report. Planning Director Pendoley stated since March of this year his office had been receiving complaints from neighbors living adjacent to this property, concerning the accumulating fire hazard, which was mostly weeds. Mr. Pendoley introduced Mr. Bill Palmer, acting Code Enforcement Officer, noting Mr. Palmer had done all of the staff work on this issue. Mr. Palmer was sworn in by City Clerk Jeanne Leoncini, allowing him to testify before the Council. Mr. Palmer stated he was currently acting Code Enforcement Officer, and for 12 years prior to this position he had been an Assistant Code Enforcement Officer for the City of San Rafael. Mr. Palmer noted he was a Forester by profession, registered and licensed by the State of California. He stated that prior to his employment with the City of San Rafael he had worked for the United States Forest Service for 33 years, noting that part of that experience and training with the Forest Service had been in fire control, fire management, fire prevention, and actual field work in SRCC MINUTES (Regular) 9/5/95 Page 6 SRCC MINUTES (Regular) 9/5/95 Page 7 those areas. Mr. Palmer stated all of this experience was in wildland fire management, not urban fire management, and he felt he was somewhat qualified to identify potential fire hazards. Mr. Palmer explained the problem at 10 Lindenwood Court, noting the property had been vacant since the flood in 1982. He stated weeds and brush have grown to the point that the property has become a public nuisance and should be abated. Mr. Palmer reported several of the neighbors have been complaining, and that Code Enforcement Officer Claire Machado had inspected the site in April of this year and had notified the owners with a Notice of Violation on May 19, 1995. Mr. Palmer stated that when he came to work on July 5, 1995 (as Code Enforcement Officer), the first person he spoke with was one of the neighbors complaining about the overgrown weeds and brush at this location, and the potential fire hazard it created. Mr. Palmer stated he inspected the site, and agreed with Code Enforcement Officer Machado's evaluation that it was a nuisance, and Mr. Palmer then sent another Notice of Violation to the property owner. Mr. Palmer stated the City did not receive a response to the notices, and therefore turned the matter over to the City Attorney for abatement action, and in the meantime asked Fire Marshal Keith Schoenthal to inspect the property. Fire Marshal Schoenthal confirmed the evaluations Ms. Machado and Mr. Palmer had made, and assisted in developing a plan of abatement action that would be necessary to reduce that hazard. Mr. Palmer distributed photographs of the property illustrating the dead grass and shrubbery, and overgrown brush and weeds, stating the property owner was in violation of Municipal Code Section 1.20.030, Part F: Overgrown vegetation likely to harbor rats, vermin and other nuisances, and/or causing detriment to neighboring properties or property values, and Part G: Dead, decayed, diseased or hazardous trees, weeds and other vegetation constituting unsightly appearance or dangerous to public safety and welfare or detrimental to nearby property or property values. Mr. Palmer stated the property owner, with one exception, had failed to respond. Mr. Palmer stated there was correspondence from the owner stating he was in Poland and would return and take care of the property in September; however, there had been no response to the Notice of Violation sent by Mr. Palmer on July 20, 1995. Mr. Palmer stated the Fire Department is asking the Council to acknowledge that a nuisance exists on the property, that the property owner has been duly noticed of the nuisance and ordered to abate it, that the appropriate City official be ordered to abate the nuisance if the owner has not done so at the end of the fifteen day period required under the Municipal Code, and that the cost of the abatement be assessed against the property as a lien until paid, and that the administrative cost be determined and recovered from the property owner pursuant to Chapter 245 of the Municipal Code. Councilmember Zappetini asked Mr. Palmer if he knew if there were any other liens on the property? Mr. Palmer responded that he did not know. Mr. Zappetini stated if the City were to put a lien on the property, perhaps it would not be worth liening. City Attorney Ragghianti stated he did not know what the cost of removing the weeds would be, but felt it would not be a substantial sum, and would not exhaust the equity in the property. Mr. Zappetini asked Mr. Palmer what he thought the cost might be, and Mr. Palmer stated it should not be more than $300 - $400, noting it was a small lot, and the work could be done by either a contractor or a City or Conservation Corps crew. He stated a six to eight man crew could probably complete the work in two days. Mayor Boro asked for comments from the public. Scott McNear, a neighbor of the Lindenwood Court property, addressed the Council, stating the property was a fire hazard and an eyesore, as illustrated in the photographs which had been presented. He noted the pampas grass and scotch broom had overgrown and blocked the sidewalk entirely, and reported that the foundation had been bare since 1982, with pieces of rebar sticking up out of the foundation. He stated the neighbors have had to put caps on the rebar, as children frequently play in the area. Mr. McNear stated there also had been abandoned cars left by the renters, and the neighbors had tracked down the owners of the vehicles and had them removed, but Mr. McNear felt there was nothing more the neighbors could do to alleviate the problems. He stated that a big fire hazard exists, noting he was concerned at having to leave his family at home alone with the possibility of a fire being imminent. Mr. McNear recognized the fact that the City had to watch expenses, but stated the City would recover the money from the lien. He felt that even if the City lost some money, in this instance the safety issue was more important than the cost. Mr. Ali Ghadiri, a neighbor of the Lindenwood Court property, addressed the Council, noting he has had a problem with this property since 1982. Mr. Ghadiri stated his insurance company had cancelled his fire insurance on three separate occasions because of the fire hazard created by the overgrown weeds at 10 Lindenwood Court, and that he must pay a higher insurance premium each time he purchases new fire insurance coverage. He stated he had recently been contacted by his current insurance carrier and notified that unless the nuisance is abated, they are cancelling his fire insurance coverage. Iris Bridose-Stevens, a resident of 3 Lindenwood Court, addressed the Council, stating she shared the concerns of Mr. McNear and Mr. Ghadiri, but was also very concerned about the exposed foundation. Ms. Stevens noted there are seven children residing in the cul-de-sac, and although they have been SRCC MINUTES (Regular) 9/5/95 Page 7 SRCC MINUTES (Regular) 9/5/95 Page 8 warned to stay away from the 10 Lindenwood Court property, they do play there. She is concerned because the children cannot see the foundation because it is covered with brush and overgrown weeds, and they might hurt themselves. Mr. Scott Cherry, President of the Glenwood Homeowners Association, addressed the Council, stating he was speaking on behalf of the neighborhood to show cause, and to show 10 Lindenwood Court is an unsightly lot. Mr. Cherry noted he has received many complaints about this property, which has been a nuisance since 1982 when the house was washed off its foundation. Mr. Cherry expressed his hope that the Council would take action to help the neighbors. There being no further public discussion, Mayor Boro closed the Public Hearing. Councilmember Cohen agreed that a nuisance existed and City action was required. However, he questioned the City's remedy, noting the Council had previously discussed the possibility of seeking other remedies for cost recovery, in addition to liening the property, stating a lien might only be affective at such time as the property was sold, and noting since the property has been in this condition since 1982, it might be a long time before the property was sold. Mr. Cohen asked the City Attorney if there were other avenues for the City to recover the cost of abating this nuisance? Mr. Ragghianti responded his office was continuing to look at other options for recovery, noting in this instance there were two aspects of cost recovery that were being requested; the first was the cost of the abatement itself, and the second was the administrative cost for staff time in processing this entire action. Mr. Ragghianti explained that after the abatement takes place, the owner would be noticed for the entire amount of both the abatement action and the cost of City staff time, noting the property owner would then have an opportunity to contest the assessed amount. Mr. Ragghianti stated if the amount is not contested, or if the Council denies the appeal, the cost would be assessed, and if the amount is not paid, a lien would be placed against the property. Mayor Boro clarified Mr. Cohen's questions, noting that at one point the Council had discussed other possibilities versus liening, such as Small Claims Court, as it was felt this might be more expeditious. Mayor Boro asked if there was a possibility of pursuing that option? Mr. Ragghiant responded that in terms of cost, the City could always file an action for judgment in Small Claims Court; however, he noted that what the City would be awarded was only a judgment, and the city would then have to lien the judgment against the property. Assistant City Attorney Gus Guinan spoke, stating one of the aspects of the liening process that has always been so appealing to Public Agencies was the fact that the assessment is against the property, and is collected with the property taxes. He noted if the property taxes are not paid, the assessment accrues with the unpaid property tax with interest, pursuant to statute. Eventually such property can be a forced sale. Mr. Guinan stated there was no fast way to acquire the recovery costs unless judicial remedies are pursued, and noted that in the past the City had found the liening action was much easier, and that it is was very rare for a property to be liened and the assessment not be paid. Mr. Cohen asked if his understanding was correct that the lien would actually be assessed with the property taxes? Mr. Ragghianti clarified that the lien was assessed against the property, and then collected in connection with the taxes on that piece of real estate, noting if the taxes were not paid, the lien would be added to unpaid taxes and would accrue interest. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution as presented. Under discussion, Councilmember Zappetini stated he would like the City to look into reports of rebar sticking up out of the foundation, and other conditions which might pose a safety hazard. He felt as the City was going to be cleaning up the property, the City might assume liability for other unsafe conditions. Mr. Palmer stated the rebar could be handled in the same manner as the weeds to make the site safe. Mr. Guinan stated he had not known about the rebar sticking out of the foundation until Mr. McNear addressed the Council, noting that had he known about it earlier he would have added it to the original abatement notice. However, he stated once action has been taken on the original complaint, the City will move on the foundation and rebar if the property owner has not already done so, although this would require another notice and abatement action. Mr. Guinan pointed out that if the brush is cleared from the property, at least the foundation and rebar will be more visible and not so much of a hidden trap. He stated he would be most interested and willing to pursue these additional problems if they should persist. Councilmember Heller stated this was clearly a safety hazard, and she was pleased the City was going to be able to abate this nuisance. She noted, however, that there was a letter on file stating the owner would be back from Poland in September, and asked if that meant the City would have to wait until the owner's return before taking action? Mr. Ragghanti responded the City did not have to wait for the property owner to return, that once the Council adopted the Resolution the abatement action can proceed at the end of the fifteen day waiting period. Mr. Guinan reported the property owner had been sent three notices, and the property itself was posted. Therefore, even though the Code Enforcement Officer received a letter indicating the owner would be in Poland for several months, there was never an agreement from City staff that the abatement action would be stayed. SRCC MINUTES (Regular) 9/5/95 Page 8 SRCC MINUTES (Regular) 9/5/95 Page 9 Mayor Boro stated that although the City might be required to take separate action on the nuisance abatement for overgrown brush and weeds and on the rebar and foundation, if there are obvious safety hazards identified during the initial clean-up process that can be mitigated immediately, such as rebar sticking up, they should be addressed so that children do not fall and hurt themselves. Councilmember Cohen suggested a directive to staff to examine the site for additional safety hazards and to move expeditiously to report them to Council if they require more than minor action, so that Council may move on them quickly once they are presented. Mayor Boro directed staff to resolve, in the short term, any safety problems found as the site is cleaned, and to report to Council if further action is necessary to make the site completely safe. RESOLUTION NO. 9447 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING CERTAIN OVERGROWN WEEDS AND BRUSH ON PROPERTY LOCATED AT 10 LINDENWOOD COURT TO CONSTITUTE A PUBLIC NUISANCE, ORDERING CITY OFFICIALS TO ABATE THIS NUISANCE, AND ASSESSING THE EXPENSE OF ABATEMENT AS A LIEN AGAINST THE PROPERTY. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS 14. DISCUSSION OF ORDINANCE NO. 1681, ADOPTED JULY 17, 1995, RE: PARKING OF COMMERCIAL VEHICLES AND SEMI-TRAILERS ON PUBLIC STREETS (CA) - File 11-8 City Manager Pamela Nicolai stated that at the previous City Council meeting the Councilmembers had indicated they had been receiving telephone complaints because the Police Department, at the end of the thirty day period, had begun issuing warnings, based on complaints received by the Department for violations of the parking Ordinance originally adopted in July, 1995. Ms. Nicolai felt further discussion was needed prior to modification of the existing Ordinance, to clarify the Council's intent. Mayor Boro reported he had received telephone calls on this issue, and that the intent of the Council at the time this Ordinance was adopted was to deal with what Mayor Boro called "abandoned vehicles", which for the most part were vehicles and trailers that were unhitched and left on the street. Mayor Boro felt the issues being presented by the business owners were not issues the Council had previously considered, and he noted that while the Ordinance had been adopted with good intentions, there were issues that needed to be sorted out. Ms. Nicolai stated some of the complaints that prompted the adoption of the Ordinance did not refer to abandoned vehicles, but rather to the parking of commercial trailers all day and overnight in areas either adjacent to or in close proximity of residential neighborhoods, complaining that trailers were being left on City streets, becoming a commercial use of the public right-of-way. Councilmember Zappetini asked if the City business owners in each area had received notice of the Ordinance and the meetings? Ms. Nicolai did not believe they had, because the Ordinance did not cite a specific geographic location; however, she reported that the Police Department had compiled a special mailing list for this meeting, with information being sent to approximately thirty individuals who had either complained about a vehicle that they wanted the City to cite, or complained about receiving a citation (warning), and she noted this Ordinance was only intended to be enforced in response to a complaint being issued. Mr. Zappetini asked if there had been any attempt to notify residents or business owners of this Public Hearing, other than the required notice in the newspaper, and Ms. Nicolai responded there had not. Mr. Zappetini recounted a conversation he had with Police Officer Smiley, during which Officer Smiley had referred to three areas where this had become an issue of concern, Mitchell Boulevard, Andersen Drive, and Northgate Drive. Mr. Zappetini asked if residents and business owners of these three areas should have been notified of the Public Hearing, as these had been identified as problem areas? Ms. Nicolai stated that had been done for this meeting, and she noted that at the time the original Ordinance was being discussed, Northgate Drive in the vicinity of the mall was where the problem was thought to exist, and actually came up during discussions on the theater project. Mr. Zappetini stated he felt that if we had noticed these residents and business owners during the first meeting, we might have eliminated an extra step. Public Works Director Bernardi stated that part of the problem of noticing people is that other than driving SRCC MINUTES (Regular) 9/5/95 Page 9 SRCC MINUTES (Regular) 9/5/95 Page 10 around and trying to find a truck parked on the street and notifying the driver, it would be very difficult to identify everyone else who might have been impacted by the truck being parked on the street. Therefore, he stated, at the time of the original adoption of the Ordinance, the City published the Public Hearing Notice, which was part of the staff report, in an attempt to notify all interested persons. In addition, Mr. Bernardi concurred with Ms. Nicolai's statement that the original intent of this Ordinance was to resolve the discrepancy contained within two different provisions of the Ordinance, one being a twenty-four hour restriction and the other a one hour restriction. He noted staff recommended the elimination of the twenty-four hour restriction and to maintain the one hour time limit, with the added provision that as long as a truck is being used for business purposes, which means either loading or unloading in the public right-of- way, it has the right to remain there. Mr. Bernardi reported the Traffic Advisory Committee felt this was a reasonable compromise and would address the concerns of the business owners who do, in fact, have trucks that need to use the right-of-way for those purposes. Mr. Bernardi stated he and his staff would entertain other options if asked to do so. Councilmember Heller stated an Ordinance cannot be site specific, and the current Ordinance was enacted for the entire City, and asked if there was any way the area of enforcement could be narrowed? Mr. Bernardi stated the City had, in the past, restricted certain Ordinances to areas specifically defined as "commercial areas", but noted he would have to research with the City Attorney's office to determine if this Ordinance could be restricted to specific areas. Assistant City Attorney Guinan stated a possible solution might be to amend the Ordinance to maintain the one hour parking limitation applicable to residential areas only, and to keep the one hour restriction only during the day in commercial and industrial areas, with no limitation during the evening hours so that trucks can park for long hours overnight for purposes of business necessity. Ms. Heller asked how many complaints the City had received, noting the Councilmembers had received telephone calls from people complaining about this issue. Mr. Guinan stated he was unaware of the actual number of complaints, but noted he had spoken with Police Sargeant Tom Smiley and Parking Enforcement Officer Peggy Johnson, who had issued warnings, and they reported a lot of surprise and concern over the enforcement of this Ordinance. Mr. Guinan noted the mailing list of interested parties provided mainly by the Police Department, was comprised of thirty-two names of businesses and individuals who had called to complain. Mayor Boro invited anyone interested in speaking to address the Council. Dick Laughlin addressed the Council, stating he felt the Council might not be considering one of the most important issues of this problem, which is the safety factor. He reported instances of huge trucks with heavy equipment being parked on one side of Belvedere Street, across from the Telephone Company and next to the Police Department. He stated he travels this area quite often, and that it has become very difficult to get through because of the many large trucks and pieces of heavy equipment which are left parked on the street. Don Saccani, Owner and President of Mariner Distributing Company, 79 Mitchell Boulevard, San Rafael, addressed the Council, stating his business had been located in that area for approximately twenty-eight years, and noting he had moved to the Northgate Industrial Park because it was an industrial area. He stated he was one of the people surprised by the Ordinance, and that it had afforded him with genuine problems. He reported his plant operates twenty-four hours a day, five days per week, and that during the day his trucks and equipment are out and moving 95% - 98% of the day, usually from 7:00 in the morning until 4:00 or 5:00 in the afternoon. He stated his problems begin in the afternoon, usually after 4:30 or 5:00 PM, when they are unloading and reloading his vehicles for the next day's activity. Mr. Saccani stated that in order to stay in San Rafael, he has tried to work around this space problem, noting he owns one building on the corner of Paul and Mitchell Boulevards, as well as three buildings in the immediate area which his company lease. Mr. Saccani stated that in order to load his trucks at night, he moves his trucks from one area to another, from one warehouse to another, using all four warehouses. He noted there are times when it is necessary to park the trucks on the street for perhaps an hour or two when there is a back-up in the warehouse, stating this was an illegal act under the current Ordinance, because during the time that his trucks must be parked on the street they are not being loaded or unloaded, but merely waiting to be able to enter the warehouse. Mr. Saccani stated another serious problem exists because many of his suppliers ship to his company via out-of-state truckers, and when the truckers come into the area in the middle of the night they park on the vacant streets and go to sleep until his company opens in the morning and they can unload the trucks. Mr. Saccani noted that technically speaking, if the trucks are parked on the streets for over one hour they are subject to a citation, and he did not feel this was very just. He stated the truckers have no way of knowing this ordinance is in effect, and noted it is rather unique for an industrial area. Mr. Saccani acknowledged it was unlikely that someone would complain about a truck at 4:00 in the morning, but the truck could conceivably still be parked at 7:00 in the morning until such time as the traffic clears out and they can move into the warehouse to unload. Mr. Saccani stated that since the Ordinance has been in effect, he has done his best to apply all of his company's resources to satisfy the letter of SRCC MINUTES (Regular) 9/5/95 Page 10 SRCC MINUTES (Regular) 9/5/95 Page 11 the law, and by so doing, he has had to add approximately three additional hours of work per night, moving vehicles into cubbyholes and other rented areas that his company occupies. He reported this has resulted in an additional $25,000 annual cost, just to keep the trucks off the streets at night, when there is no one there anyway. Mr. Saccani stated he would like the Council to consider a posting requirement in the Northgate Industrial Park area which would require trucks to be off the streets from approximately 8:00 AM to 6:00 PM, or 7:00 AM to 7:00 PM, whatever the City deemed reasonable, noting this would give all the traffic a chance to clear out, and give the people who work in the area a place to park. Mr. Saccani reported his company has received many harassing calls at his warehouses and offices from people who are very irate and believe that his trucks are blocking the areas, when in fact it is actually people from outside the area who are leaving their trucks on the street when they are not in operation. He stated his staff has been yelled at and cussed at, and no one is willing to identify themselves. Mr. Saccani stated that anyone who has ever come to him with a legitimate complaint has always had that complaint satisfied immediately. Dennie Dyer addressed the Council on behalf of Oclassen Pharmaceuticals, Inc., 100 Pelican Way, San Rafael, stating he was in favor of the Ordinance, noting he did not discover the Ordinance was not in effect until he called Officer Smiley on Friday to report an incident on Kerner Boulevard, and was told about this meeting. Mr. Dyer reported that Oclassen Pharmaceuticals, Inc. was located at the intersection of Pelican Way and Kerner Boulevards, and over the last few years he had seen a heavy influx of large trucks and trailers parked on both of these streets. Mr. Dyer stated that when the Ordinance was originally adopted, he sent a whole series of photographs to Nader Mansourian which illustrated the number of trucks parked on those two streets, which Mr. Dyer had counted up to twenty at a time. He reported the trucks park in the driveways, sometimes in the middle of Kerner Boulevard because it is not heavily used, and have even loaded and unloaded with a forklift in the middle of Kerner Boulevard as though it were a warehouse. Mr. Dyer stated he had worked on the Ordinance with Mr. Mansourian for several months, and he felt Mr. Mansourian had done an excellent job of developing the Ordinance. Mr. Dyer noted the City of Norco in Southern California had once had a similar problem with the parking of trucks and trailers on residential streets, and they passed an Ordinance in 1981 restricting the parking, and it has worked quite well. Mr. Dyer stated he felt there was a safety issue, as well as an aesthetic issue, and noted one of the reasons why Oclassen Pharmaceuticals, Inc. chose Bayview Business Park was because it was an upscale area; however, he stated that when people come visit their location, it appears as though there is a major loading and unloading zone for tractor/trailers. Mr. Dyer also felt there was a common sense problem, explaining that every Thursday night he travels Belvedere Street to Country Club Lanes for his bowling league, and he stated it is very difficult to travel Belvedere Street because of the trucks and tractors on the street reduce a two lane road to one lane. Mr. Dyer urged the Council to enforce the Ordinance, stating he hopes to be able to call Officer Smiley in the near future and have these vehicles cited, in the hope that they will be forced to conduct business in the same way business is conducted in Mill Valley and Tiburon, noting there was no reason for them to take advantage of San Rafael in this way. Councilmember Cohen asked Mr. Dyer how he felt about the suggestion to focus the enforcement effort on daylight hours, when businesses are in operation, and loosen the regulations for those businesses that operate at other hours. Mr. Dyer stated he felt this idea made sense, and it was his opinion that after 7:00 PM there would not be very much conflict, noting he was mainly concerned about the time frame of 6:00 AM to 6:00 PM, although he would also urge the Council to address the Canal area when looking at parking restrictions, citing Belvedere Street as a good example. Mayor Boro stated he felt the Council understood the issues and problems associated with the Ordinance, noting they have heard from individuals who have explained each side of the situation. Mayor Boro noted the City Attorney had spoken about other alternatives, one of which would be different standards for residential and commercial areas, and also a time driven approach. Mayor Boro asked that Public Works and the City Attorney's office study this in light of what has been learned, and attempt to find a way to achieve the City's goals, but at the same time accommodate some real needs that exist by members of the City's business community. He also asked that we notice those individuals who have been identified as interested parties. Councilmember Zappetini asked if the notice could be given indirectly by the Police Department through their enforcement efforts? Mayor Boro asked Police Chief Krolak where the Department stood at this time in regard to enforcing this Ordinance. Chief Krolak responded that primarily his Department was enforcing the Ordinance only when there was a complaint, and only giving warnings, noting that in the past his Department had always given warnings rather than actual citations. He stated that because of the number of phone calls received by the Department and members of the Council, they decided to continue issuing warnings only, focus on education, and respond to complaints. Mayor Boro asked if, in essence, we were not enforcing the Ordinance, and Chief Krolak stated that was correct. Mayor Boro asked Public Works Director Bernardi how long he felt it would take to study this issue and return with a report for Council. Mr. Bernardi stated he would present a report at the Council meeting of October 2, 1995. SRCC MINUTES (Regular) 9/5/95 Page 11 SRCC MINUTES (Regular) 9/5/95 Page 12 Mr. Zappetini stated the City would have to look at whether enforcement of the Ordinance would impinge on someone doing business, noting it seemed as though enforcement decisions might have to be made on an individual basis, attempting to accommodate special situations and conditions. Mr. Bernardi stated the revision to the Ordinance should be drafted in a way that makes it much less restrictive than it is currently, stating he felt that by making the Ordinance less restrictive it would address everyone's needs and allow them to conduct their business. Mr. Zappetini asked how the problem on Belvedere Street would be addressed? Ms. Nicolai stated Belvedere was an area where it would not be advantageous to allow parking at night, and yet the other commercial areas would not be negatively impacted by that. Mayor Boro noted Belvedere Street was in a residential neighborhood, and it sounded as though people had been leaving vehicles parked on the street in that area for long periods of time. Mr. Bernardi noted that since that was a residential area, the Police Department should have more latitude in going into the area and issuing citations. Councilmember Cohen asked if the Council should consider some type of permitting process. He agreed with the suggestion that the one hour restriction not be enforced in commercial areas, and felt that in addition, we might look at whether or not there are specific local businesses whose business is such that they could actually operate this way during the day without having a negative impact on surrounding businesses. He felt that we might hold free from enforcement those business who do not negatively impact anyone else by violating the Ordinance, agreeing with Mr. Zappetini that we may need to review each case on an individual basis, so if someone comes to the City stating the Ordinance as written has a severe negative impact on his own business, while not providing a benefit to anyone else, we would be able to look at the individual circumstances. Ms. Nicolai stated this is what the City is doing now by only dealing with the enforcement if a complaint is received, but she noted that the fact that a complaint has been received means that someone is upset about it. She doubted any complaints were being received between 7:00 PM - 7:00 AM, and since no complaints are being received, there is no enforcement being done during those hours. She stated the City needs to determine who is complaining in order to determine if there is a workable solution. Councilmember Cohen asked Chief Krolak if it was correct that no one had been issued a warning unless there had first been a complaint. Chief Krolak responded that when the Ordinance was first adopted, he instructed Peggy Johnson to issue warnings in order to educate and inform the public about the new Ordinance; however, because of the number of phone calls this generated, they began issuing warnings only after a complaint had been received. Chief Krolak stated his concern that if enforcement action is taken only after a complaint has been received, then the Ordinance will become an unenforceable law. Councilmember Cohen agreed, and stated he was suggesting the City consider a system whereby individuals could explain their specific circumstances and needs, and the City could allow them to park their vehicles in contradiction to the Ordinance, with the understanding that if a complaint were received, they would then be required to adhere to the restrictions of the Ordinance. Public Works Director Bernardi, noting Assistant City Attorney Guinan's suggestion, stated the City might consider a notice specifying the time frames of the parking restrictions, with a provision advising that if the individual could not comply with the time frames they could apply for a permit to be allowed to operate within those hours. Mayor Boro stated if this option were to be considered, there would have to be standards for issuing the permits, noting he had discussed the issue of permits with the City Manager and found that the administration of such a program would be difficult. However, he felt the initial noticing might resolve most of the problem, and the number of individuals asking for a permit could be relatively low. Mayor Boro stated no action would be taken on the item at this time, noting the Police Department would continue to issuing warnings in lieu of citations, and only after a complaint has been received. Mayor Boro asked staff to prepare a report and recommendation for the City Council meeting of October 2, 1995. 15. APPROVE HAZARDOUS WASTE PROGRAM AGREEMENT WITH MARIN RECYCLING AND RESOURCES RECOVERY ASSOCIATION (FD) - File 4-3-32 Councilmember Zappetini excused himself from discussion of this issue, due to a conflict of interest, and left the Chamber. City Manager Nicolai reported a couple of years ago the City had jointly applied for a permit for the Marin Recycling and Recovery Association to become a permitted household hazardous waste location, noting this was done in the hope that both the City and the County, under the Joint Powers Agreement, would both be able to use the site. She stated the City went through the Master Use Permit process with the Garbarino's to be certain that many different alternatives would be implemented to serve both the County and our community. Ms. Nicolai noted not only was the permit issued, but a grant was awarded to assist in building the facility. Ms. Nicolai stated the facility was in place, and the County's Joint Powers group held a local Household Hazardous Toxics Away Day event at the facility in February. Ms. Nicolai stated an agreement had been reached with Marin Resource and Recycling to put the facility into operation for a six month period, which would allow an evaluation of how the facility works and to determine what the actual cost of operating the facility would be. She noted that, simultaneously, the JPA is going out with an RFP to establish a permanent program, and it was likely the center would submit a bid, which meant this SRCC MINUTES (Regular) 9/5/95 Page 12 SRCC MINUTES (Regular) 9/5/95 Page 13 could become a County-wide program. She stated that currently this program is for the City of San Rafael, with the possibility of only Garbarino's five jurisdictions availing themselves of this service so that it can be tried out for six months on a trial basis and the permit can be activated. Ms. Nicolai felt this agreement covered all of the issues involved, and would allow the City to proceed with a program that would be not only valuable to the residents in allowing for disposal of hazardous waste, but because of its location it would also become a key component in making certain other toxics are diverted out of the landfill and the garbage stream. She noted this program would also provide a much more concerted effort of educating the public so that hazardous waste does not get into the garbage, thereby protecting the garbage collection employees. She felt this was an excellent program to have in place and encouraged the Council to approve the agreement. Councilmember Cohen noted Ms. Nicolai's reference to the five jurisdictions served by Marin Recycling and Recovery Association, and asked if the proposed agreement covered the City of San Rafael for the six month trial period? Ms. Nicolai responded this was correct. She stated the City of San Rafael was the permitted agency, making the City legally the generator of whatever is collected. She noted the County was doing this for the entire County, and now the City is willing to take the risk in being responsible for San Rafael, and would probably need to do this jointly with Las Gallinas or there would be much confusion, and we want to have residents of both North San Rafael and South San Rafael avail themselves of this service. She stated that over the six month trial period an agreement would be developed that each of the jurisdictions participate in the sharing of their being the legal generator and share that responsibility. Councilmember Heller asked if the City had discussed this proposal with Las Gallinas? Ms. Nicolai stated that the City had been keeping them apprised of what the City was doing separate from the JPA, and that Las Gallinas would be working with the City on this. Ms. Heller asked if Las Gallinas would be contributing financially? Ms. Nicolai stated Joe Garbarino had extra money from the paper recycling, and he stated he would be willing to finance the program for the six months trial period, which meant there would be no extra cost to the rate payer. She noted part of the profit that would be used had come from the other five jurisdictions, and that it was only fair that they be involved in this program as soon as possible. Ms. Nicolai stated it was her hope that this could soon become a County-wide benefit. Ms. Heller asked if Ms. Nicolai had discussed the program with any of the other five jurisdictions, and Ms. Nicolai stated that discussions with the other jurisdictions have been informal meetings to this point, informing them of the program and agreeing to meet formally to discuss participation once the City has become a permitted agency. She noted several of the jurisdictions are very anxious to become involved in the program. Mayor Boro asked if residents using the center would be required to show identification proving they are a resident of the City of San Rafael, and Ms. Nicolai stated she assumed that they would. Councilmember Cohen stated he did not want his earlier comments to be misinterpreted as opposition to the other jurisdictions participating in this program, as his questions and comments were made only to be clear as to the action he was being asked to take at this time. Councilmember Heller asked when the program would begin, and Ms. Nicolai stated that if the proposal was approved, the program would begin October 1, 1995. Mayor Boro recalled that in the past, the problem the City has had as an agency was that 40% of our fees supported the JPA effort, and there was concern that there had been only a few times a year that San Rafael's residents could avail themselves of the service. He noted this program was being proposed on a much more regular, year-round basis, and felt this would be a real win/win program for both the City and the rate payers. Ms. Nicolai stated she hoped the facility could remain open two or three days a week, year-round. Councilmember Heller asked if there was some way in which we could inform the residents that the facility would be open for a six month trial period, and that the City was hoping for a lot of customers? Ms. Nicolai stated she would urge a little caution, only because the publicity will cause residents of other jurisdictions to ask why they cannot use the services, noting time must also be spent in gearing up for the program, assessing how much material is likely to come in, and training the staff in how to safely handle the hazardous material. Ms. Nicolai stated they may phase in the program by timing the noticing in different neighborhoods. Patty Garbarino, resident of "G" Street in San Rafael, addressed the Council, stating she and her father, owners of Marin Recovery and Recycling, first began negotiating with the County on September 27, 1987 in an attempt to begin this program, but noted it was not until Forrest Craig, on behalf of the City of San Rafael approached them with a partnership agreement that the Garbarino's were finally able to see this project become a reality. Ms. Garbarino stated it would be a great relief to the community, noting many people do not know that they should not be putting certain materials into their garbage, and this program will educate them as to those hazards, which should protect not only the groundwater around the landfill, but also the garbage collection workers. Ms. Garbarino stated she was extremely proud of Mr. Craig's efforts in getting this project off the ground, and noted the City of San Rafael should be very proud of him and the caliber of employee the City had. SRCC MINUTES (Regular) 9/5/95 Page 13 SRCC MINUTES (Regular) 9/5/95 Page 14 Ms. Garbarino stated they would try a variety of advertising campaigns, but agreed with Ms. Nicolai that control must be maintained over the flow of people. She noted the initial campaigns would likely target various neighborhoods on a rotating basis, and a full, public campaign probably would not be conducted until after the six month trial period. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution authorizing the City Manager to execute the Hazardous Waste Collections Program Agreement with Marin Recycling and Recovery Association to operate a permanent household hazardous waste collection facility in accordance with approved permit variance from the County EPA Department of Toxic Substances Control. RESOLUTION NO. 9448 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT TO OPERATE A PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION AND CONSOLIDATION FACILITY. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest). NEW BUSINESS 16. CITY COUNCIL REPORTS: ST. VINCENT DE PAUL RELOCATION COMMITTEE STATUS REPORT - File 9-2-45 (Verbal) Councilmember Cohen stated he had been asked by Councilmember Phillips to report on behalf of the St. Vincent de Paul Advisory Committee, noting he agreed with Mr. Phillips' suggestion that Councilmembers should make an effort to give on-going reports to each other on their committee work, as it is helpful to be kept abreast of what each member's committee is doing. Mr. Cohen stated the St. Vincent de Paul Advisory Committee had been stalled for the past couple of months, due to public disagreements with St. Vincent's regarding acceptable areas for relocation, and he noted the committee felt a sense of the rules having changed as to what would be acceptable. He stated the committee had drafted a letter to the Board of Directors of the St. Vincent de Paul Society, which the majority of the members of the committee signed, requesting a meeting to discuss this issue and the sincerity of the effort to relocate the dining room from its current location on "B" Street. Mr. Cohen stated the committee had received a response to their letter, and are currently attempting to schedule a meeting, although it appeared that it would be unworkable for the entire sub-committee to meet the full Board of Directors. Mr. Cohen stated a meeting had tentatively been scheduled for September 19th, but noted that may not work out as there are several members of his committee who will not be able to attend. Mr. Cohen stated it was his intention to ask the Board of Directors of the St. Vincent de Paul Society to publicly reaffirm the agreement they made three years ago, in which they stated they would relocate from "B" Street. Councilmember Cohen reported he and Mayor Boro had been working on another possible approach to this problem, and there may be some prospects for optimism. However, he stated it would be premature to discuss it at this time, but it was possible he would be able to report to the Council at the next meeting. Mayor Boro stated he had been involved in discussions with various members of St. Vincent de Paul, and noted he wanted to pursue a solution he and Councilmember Cohen could find that might work. Councilmember Phillips thanked Councilmember Cohen for the report, noting this was an issue of interest to many people. He then thanked Councilmember Cohen for his efforts over the last three years, noting this subject was very time consuming. There being no further business, the meeting was adjourned at 10:00 PM. JEANNE M. LEONCINI, City Clerk SRCC MINUTES (Regular) 9/5/95 Page 14 SRCC MINUTES (Regular) 9/5/95 Page 15 APPROVED THIS DAY OF 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/5/95 Page 15