Loading...
HomeMy WebLinkAboutCC Minutes 1998-10-05SRCC MINUTES (Regular) 10/5/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 21, 1998 AT 8:00 PM Regular Meeting: Present: Gary O. Phillips, Vice -Mayor San Rafael City Council Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Absent: Albert J. Boro, Mayor Barbara Heller, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM: None. ORAL COMMUNICATIONS OF AN URGENCY NATURE: PM RE: LAP SWIMMING AT TERRA LINDA RECREATION CENTER POOL - File 9-3-65 x 100 8:05 Lisa Moskow, resident of San Rafael, requested the lap swimming program be expanded, with more time scheduled for lap swimmers at the Terra Linda Recreation Center pool. She noted that currently the program can accommodate only nine swimmers for one hour daily, and this was not sufficient. City Manager Gould reported last week Community Services Director Carlene McCart wrote a memo to the Council indicating the Community Services Department recognizes it must make some changes to the schedule at the Terra Linda Swim Center; however, as Ms. Moskow pointed out, balancing the needs of the lap swimmers, the High School, the ORCA Swim Club, and free swimmers was difficult, given the popularity of the pool. Mr. Gould stated there was a recognition that more time needed to be scheduled for lap swimming, and felt the City would be able to address Ms. Moskow's concern. CONSENT CALENDAR: Councilmember Cohen moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1 2 3 4 Approval of Minutes of Regular Meeting of Monday, Approved as submitted. September 21, 1998 (CC) Request for City of San Rafael Amicus Participation Approved amicus participation. (CA) - File 9-3-16 Howard Jarvis Taxpayers Association, et al. v. City of San Diego (Court of Appeal, Fourth Appellate District, Division One, No. D0313448) Summary of Legislation Affecting San Rafael - Im;io 0-1 City Work Plan Review (CM) - File 237 x 9-1 (CM) Approved staff recommendation: Proposition 11, Local Sales and Use Taxes Revenue Sharing Legislative Constitutional Amendment: SUPPORT. Accepted report. 5. Resolution Creating Bicycle/Pedestrian Advisory RESOLUTION NO. 10318 8 kv Committee (CM) - File 9-2-55 x 9-3-65 x 9-3-40 Resolution Approving Final Map Entitled "Map of Smith Ranch Homes, Unit 2C" (PW) - File 5-1-290 RESOLUTION ESTABLISHING A BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. RESOLUTION NO. 10319 RESOLUTION APPROVING FINAL MAP ENTITLED "MAP OF SMITH RANCH HOMES, UNIT 2C11, SAN RAFAEL, CALIFORNIA (PART OF SMITH RANCH HOMES MASTER PLAN). Resolution Approving Participation in State Office of Traffic Safety ("OTS") Enforcement Grant (PD) RESOLUTION NO. 10320 RESOLUTION APPROVING SRCC MINUTES (Regular) 10/5/98 Page 1 - File 4-10-305 x 9-3-30 SRCC MINUTES (Regular) 10/5/98 Page 2 THE USE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $275,000 FOR A TRAFFIC SAFETY IMPROVEMENT AND SERIOUS TRAFFIC OFFENDER PROGRAM (To fund two additional Police Officers and purchase a radar advisory trailer). AYES: COUNCIL ERS: Cohen, Miller, & Vice -Mayor Phillips NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: Heller & Mayor Boro ABSTAINING: COUNCIL ERS: Phillips (from minutes of meeting of Monday, 9/21/98 only, due to absence from meeting). The following items were removed from the Consent Calendar for further discussion: 6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1731 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030 (DEFINITIONS) FOR DWELLING UNIT AND SECOND DWELLING UNIT AND TO ADD A DEFINITION FOR KITCHEN; AND AMEND SECTION 14.16.020 (ACCESSORY STRUCTURES); AND AMEND SECTION 14.16.275 (SITE AND USE REGULATIONS) TO INCLUDE THE PROVISION FOR THE AMORTIZATION OF NONCONFORMING DWELLING UNITS CREATED BY THE REVISED DEFINITIONS (CD) - File 10-13 x 10-1 x 10-3 x 10-6 x 115 Vice -Mayor Phillips announced he had been absent from the Council meeting of Monday, September 21, 1998, at which this Ordinance had been introduced and passed to print. However, he reported he had reviewed the minutes of that meeting, and read the staff report presented with the Ordinance, noting he felt comfortable in taking a position on this item. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030 (DEFINITIONS) FOR DWELLING UNIT AND SECOND DWELLING UNIT AND TO ADD A DEFINITION FOR KITCHEN; AND AMEND SECTION 14.16.020 (ACCESSORY STRUCTURES); AND AMEND SECTION 14.16.275 (SITE AND USE REGULATIONS) TO INCLUDE THE PROVISION FOR THE AMORTIZATION OF NONCONFORMING DWELLING UNITS CREATED BY THE REVISED DEFINITIONS" Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety, and to refer to it by title only, and approve final adoption of Charter Ordinance No. 1731 by the following vote, to wit: AYES: COUNCIL ERS: Cohen, Miller & Vice -Mayor Phillips NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: Heller & Mayor Boro 7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1732 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE SECOND AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("SECOND AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE CITY OF SAN RAFAEL SECOND AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA (CD) - File 140 x (SRRA) R-140 XVII (1998) Vice -Mayor Phillips announced he had also had an opportunity to review the record regarding this item, and felt he was sufficiently informed to make an informed vote. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE SECOND AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("SECOND AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE CITY OF SAN RAFAEL SECOND AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA" SRCC MINUTES (Regular) 10/5/98 Page 2 SRCC MINUTES (Regular) 10/5/98 Page 3 Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety, and to refer to it by title only, and approve final adoption of Charter Ordinance No. 1732 by the following vote, to wit: AYES: COUNCIL ERS: Cohen, Miller & Vice -Mayor Phillips NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: Heller & Mayor Boro Councilmember Cohen reported Community Development Director Bob Brown had given a follow-up report concerning illegal units, and stated he would like to have those follow-up steps presented at a duly noticed public meeting, so interested members of the public could be informed as to the steps the Department is taking, and what has been the follow-up so far on the additional points Council directed staff to pursue after adoption of the Ordinance. City Manager Gould stated the report would also be shared with the Federation of San Rafael Neighborhoods and the North San Rafael Coalition of Residents at their meeting next Thursday. SPECIAL PRESENTATIONS: 10. INTRODUCTIONS OF NEW EMPLOYEES Police Department - File 9-3-30 Police Captain Mike Cronin introduced the four newest members of the Police Department: Police Cadets Melissa A. Joves and Rachel L. Rodriguez, members of the newly adopted Police Cadet Program; and two new Police Officers, Ronda S. Reese, formerly with the Sheriff's Department, and Christopher J. Robles, formerly with San Anselmo Police Department. Police Chief Cam Sanchez presented badges to Cadets Joves and Rodriguez, and welcomed the four newest members to the Police Department, stating they were all doing a great job, and he looked forward to having them in the Department. Fire Department - File 9-3-31 Fire Chief Bob Marcucci introduced Fire Prevention Officer Steven D. Riggs, reporting Officer Riggs had attended Terra Linda High School and Oklahoma State University, where he earned a Bachelor of Science Degree in Fire Protection Engineering, and then worked in the private sector, most recently in the Fire Marshal's Office of Stanford University. Chief Marcucci explained Officer Riggs would be a Fire Inspector, taking the place of Bradley Mark, who has taken the place of former San Rafael Hazardous Materials Officer Forrest Craig. Management Services - File 9-3-20 Assistant City Manager Ken Nordhoff introduced Sherry A. Mason, Customer Service Clerk. He reported Ms. Mason comes from a background of both finance and customer service, and has been a real benefit to the Management Services Department, working at the Finance front counter. He noted she is also a San Rafael resident. Vice -Mayor Phillips welcomed all of the new employees to the City of San Rafael. PUBLIC HEARING: 11. PUBLIC HEARING - CONSIDERATION OF ORDINANCE ADDING CHAPTER 4.20 AND REPEALING CHAPTERS 4.12 AND 4.16 OF THE MUNICIPAL CODE. THIS IS IN RESPONSE TO SENATE BILL 1082 OF 1993 WHICH ESTABLISHED THE "CERTIFIED UNIFIED PROGRAM AGENCY" (CUPA) REGULATORY SCHEME WITHIN THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY AND THE FEBRUARY, 1997 DESIGNATION OF THE CAL -EPA OF THE SAN RAFAEL FIRE DEPARTMENT AS THE CUPA FOR SAN RAFAEL (FD) 9-3-31 x 1-6-4 Vice -Mayor Phillips asked for the staff report. Fire Marshal Keith Schoenthal reported that since the early 19701s, when Council first adopted a Uniform Fire Code, the Fire Department has been involved with hazardous materials. He stated the 1971 UFC (Uniform Fire Code) included chapters regulating both hazardous material and flammable liquid, including underground tanks. Fire Marshal Schoenthal reported that in the early 1980's the State of California, because of contamination of groundwater wells in the Silicon Valley, from the industries located there, enacted statutes regulating underground storage tanks from an environmental standpoint. At that early SRCC MINUTES (Regular) 10/5/98 Page 3 SRCC MINUTES (Regular) 10/5/98 Page 4 stage, our Fire Department did not become involved, because it was strictly an environmental standpoint; however, in the 1980's the San Rafael Fire Department, along with many other local governments, but none in Marin County, adopted regulations with regard to hazardous material management plans. He noted this was actually prior to the State enacting legislation in that area, and at that time, included some environmental regulations, as well as the Fire Code regulations. In 1989, when the Fire Department had the opportunity to bring the environmental portion of the underground tank regulations back to the City, the Council enacted an Ordinance regarding those regulations. It was also at that time that the Fire Prevention staff was increased by creating the position of Deputy Fire Marshal and Hazardous Materials Coordinator. Fire Marshal Schoenthal reported that in 1993 the State passed legislation unifying all of the State's Hazardous Materials Programs within Cal -EPA, and those provisions were later to become known as CUPA, Certified Unified Program Agency. He noted the only State program that was added, and which the Fire Department was not already regulating, was Hazardous Waste. In 1997, after public hearings conducted by the Cal -EPA, the San Rafael Fire Department, along with the County of Marin, were both certified as CUPA's within the County. Fire Marshal Schoenthal explained the Ordinance now before Council would codify that process at the City level, and adopt language into the Municipal Code that mirrors the State's legislative and regulatory actions. Fire Marshal Schoenthal pointed out one of the things the Fire Department has included, which is not in the State provisions, is the Department's desire to regulate acutely hazardous materials, such as chlorine gas, in the commercial and residential areas. He stated these provisions would be very similar to what the Fire Department provides with regard to flammable liquids above ground, and liquified petroleum gas. Vice -Mayor Phillips declared the public hearing opened, and invited public comment. There being no public comment, Vice -Mayor Phillips closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.20, "CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)" TO THE SAN RAFAEL MUNICIPAL CODE, AND REPEALING CHAPTERS 4.12 AND 4.16 OF THE SAN RAFAEL MUNICIPAL CODE". Councilmember Miller moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety, and to refer to it by title only, and pass Charter Ordinance No. 1733 to print, by the following vote, to wit: AYES: COUNCIL ERS: NOES: COUNCIL ERS: ABSENT: COUNCIL ERS: COUNCIL ER REPORTS: 12. None. Cohen, Miller & Vice -Mayor Phillips None Heller, & Mayor Boro There being no further business to come before the City Council, the meeting was adjourned at 8:20 PM. SRCC MINUTES (Regular) 10/5/98 Page 4 SRCC MINUTES (Regular) 10/5/98 Page 5 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/5/98 Page 5