HomeMy WebLinkAboutCC Minutes 2000-11-20SRCC Minutes (Regular) 11/20/2000 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 20, 2000 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION - COUNCIL CHAMBER - 7:00 PM:
Mayor Boro announced Closed Session item.
CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM:
Present: Albert J. Boro, Mayor
Barbara Heller, Vice -Mayor
Paul M. Cohen, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
Conference with Legal Counsel — Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
One (1) case.
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:30 PM
None
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Special and Regular
Meetings of Monday, November 6, 2000 (CC)
3. Resolution Authorizing Agreement Regarding Future
Proceedings for Annexation of Real Property to the
City of San Rafael; Randall and Janice Grant,
Owners, 1677 Lucas Valley Road,
APN Nos. 164-280-42 (PW) - File 5-2-98
5. Resolution of Appreciation to Richard D. Wolfe,
M.D., Retiring Park and Recreation Commissioner
(served since 11/5/84) (CS) — File 102 x 9-2-4
Minutes approved as submitted.
RESOLUTION NO. 10742 —
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND RANDALL AND
JANICE GRANT REGARDING FUTURE
PROCEEDINGS FOR ANNEXATION OF
REAL PROPERTY AT 1677 LUCAS
VALLEY ROAD (APN 164-280-42), TO THE
CITY OF SAN RAFAEL
RESOLUTION NO. 10743 —
RESOLUTION OF APPRECIATION TO
RICHARD D. WOLFE, M.D., RETIRING
PARK AND RECREATION
COMMISSIONER (SERVED SINCE
11/5/84)
SRCC Minutes (Regular) 11/20/2000 Page 1
Resolution Amending Resolution No. 10344
6. Pertaining to the Compensation and Working
Conditions for Marin Association of Public
Employees/SEIU 949, Child Care Unit — 3 -year
Contract, From 11/1/00 through 10/31/03 (MS) —
File 7-8-4
SRCC Minutes (Regular) 11/20/2000 Page 2
RESOLUTION NO. 10744 —
RESOLUTION AMENDING RESOLUTION
NO. 10344 PERTAINING TO THE
COMPENSATION AND WORKING
CONDITIONS FOR THE MARIN
ASSOCIATION OF PUBLIC
EMPLOYEES/SEIU 949, Child Care Unit (3
year agreement from November 1, 2000
through October 31, 2003)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen (from item #2 only due to absence from meetings.)
The following item was removed from the Consent Calendar at the request of Councilmember Cohen:
4. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1758 — "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
LIGHT INDUSTRIAL OFFICE (LI/0) DISTRICT TO PLANNED DEVELOPMENT (PD ORDINANCE
NO. 1758) DISTRICT FOR A MASTER PLANNED 130,000 SQUARE FOOT MULTI -TENANT
LIGHT INDUSTRIAL AND OFFICE COMPLEX DEVELOPMENT AT 4300 REDWOOD HIGHWAY
(ZC 00-5) (APN: 155-110-05 AND 155-110-06) (FORMER FAIRCHILD PROPERTY)" (CD) —
File 10-3 x 10-5 x 10-7
The title of the Ordinance was read:
ORDINANCE NO. 1758 — "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 LIGHT INDUSTRIAL OFFICE (LI/0) DISTRICT TO
PLANNED DEVELOPMENT (PD ORDINANCE NO. 1758) DISTRICT FOR
A MASTER PLANNED 130,000 SQUARE FOOT MULTI -TENANT LIGHT
INDUSTRIAL AND OFFICE COMPLEX DEVELOPMENT AT 4300
REDWOOD HIGHWAY (ZC 00-5) (APN: 155-110-05 AND 155-110-06)
(FORMER FAIRCHILD PROPERTY)"
Councilmember Heller moved and Councilmember Phillips seconded, to dispense with the reading of the
Ordinance in its entirety and to refer to it by title only, and adopt Charter Ordinance No. 1758 as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen (due to absence from Public Hearing, held 11/6/2000.)
SPECIAL PRESENTATION:
7. PRESENTATION OF RESOLUTION OF APPRECIATION TO RICHARD D. WOLFE, M.D., RETIRING
PARK AND RECREATION COMMISSIONER (SERVED SINCE 11/5/84) (CS) — File 102 x 9-2-4
Mayor Boro announced that as Dr. Wolfe was unable to be present this evening, the presentation
would be continued to a future City Council meeting.
PUBLIC HEARING:
8. PUBLIC HEARING TO CONSIDER A REQUEST BY MARIN SANITARY SERVICE FOR A RATE
INCREASE FOR REFUSE COLLECTION AND RECYCLING SERVICES, AND ADOPTION OF
RESOLUTION AMENDING AGREEMENT SETTING RATES (MS) — File 4-3-32 VI x 13-2
Mayor Boro declared the Public Hearing opened and called on Assistant City Manager Nordhoff
to present the staff report.
SRCC Minutes (Regular) 11/20/2000 Page 2
SRCC Minutes (Regular) 11/20/2000 Page 3
Assistant City Manager Nordhoff stated that before the City Council this evening was a
Resolution approving a 1.29% rate increase for the garbage service in central and eastern San
Rafael, to Marin Sanitary Service, to take effect January 1, 2001. Mr. Nordhoff stated that this
was a fairly consistent practice, adding that for the past several years staff had been working
with five other agencies auditing the company. This is a tri -annual cycle, whereby a full audit is
conducted one year and review audits in the interim years, 2000 being an interim review year.
A consultant was hired, consistent with past practices, to conduct the review. At the time this
review was carried out, June 2000, there would have been a rate recommendation of slightly
less than half a percent, which would have taken into consideration a credit against a rate
increase from the previous year. The actual results were about 1 %, leaving a rate of slightly
below half a percent with the .57% credit adjustment.
Mr. Nordhoff stated the six franchising agencies, having met as a group, disallowed some cost
items. One of these was fuel, due to the uncertainty of the fuel market and the fact that it was
tied to an index which had not yet caught up with present gas prices and fuel costs. They did
not, therefore, come forward with a rate recommendation, feeling that less than half a percent
would be more of an administrative process.
Assistant City Manager Nordhoff reported that since then staff had worked with the company
looking at fuel costs, and as a significant increase is expected at year-end, the company
requested this be considered. An allowance of approximately $107,000 for all the agencies
($40,000 for the City of San Rafael) is included in the rates. Mr. Nordhoff stated that he was
recommending a rate increase of 1.29%, which would complete the second interim review. A
full audit would be conducted in 2001, the results of which should be available in the summer.
Mr. Nordhoff concluded by stating that in addition to himself, there were representatives present
from Marin Sanitary Service who could answer questions.
Mayor Boro invited questions from the audience.
Councilmember Phillips asked for clarification on what the .8% fuel rate increase, itemized in
the staff report, would equate to per gallon.
Assistant City Manager Nordhoff replied that they had looked at this on a gross dollar basis and
the total fuel costs, in his estimation, would be higher by approximately 30 — 40 cents per gallon
over the index. He added that the index used for measurement tended to lag behind the actual
results of the cost.
Councilmember Phillips inquired as to whether an increase in fuel costs was anticipated.
Responding, Mr. Nordhoff stated they had looked at ten months of actual fuel costs, which
demonstrated that the first ten months of 2000 were significantly higher than those for the
preceding year. Replying to Councilmember Phillips' question on whether this was retroactive
or forward looking, Mr. Nordhoff confirmed it was forward-looking. Councilmember Phillips
requested that the next report be put in context, confirming his satisfaction with the overall rate
increase. Assistant City Manager Nordhoff concurred.
Referring to the staff report on a reduction of depreciation expense by $109,085 for containers
acquired in 1992, Councilmember Phillips inquired as to what life was being used for the
containers; Mr. Nordhoff replied this was a 7 -year life, expiring in 1999.
Mayor Boro asked Mr. Albert Bianchi, attorney for Marin Sanitary Service, if he would like to
address the City Council. Mr. Bianchi responded in the negative, adding that pertaining to
Councilmember Phillips' question, the fuel increase average was approximately 20 cents per
gallon, or 23%.
There being no further comments, Mayor Boro closed the public hearing.
Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 10745 — RESOLUTION AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF SAN RAFAEL AND MARIN SANITARY SERVICE TO SET
MAXIMUM RATES AND FEES FOR REFUSE AND
RECYCLABLE MATERIAL COLLECTION AND DISPOSAL
SERVICES (32ND AMENDMENT TO AGREEMENT) AND TO
PROVIDE ADDITIONAL REFUSE AND RECYCLING
COLLECTION AND DISPOSAL SERVICES
SRCC Minutes (Regular) 11/20/2000 Page 3
SRCC Minutes (Regular) 11/20/2000 Page 4
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Phillips added he was pleased with such a modest increase.
Mayor Boro thanked the Marin Sanitary Service for the service provided to the City of San Rafael and
its residents.
CITY MANAGER'S REPORT:
9. City Manager Reported: - File 9-3-11
That in lieu of a weekly report he would verbally brief the City Council on some items of
interest:
a) Re: Rent Increase Community Meeting — City Manager Gould thanked the City
Council for the 100% attendance at the Rent Increase Community Meeting, held at the
San Rafael Community Center on Saturday, November 19, 2000, emphasizing that the
fact that all members were present to witness the town discussion signaled their interest
and concern in this matter. He hoped the Councilmembers would agree that this was a
well run meeting, accomplishing the goal of allowing people to discuss the nature and
dimensions of the problems, and propose potential options for improvement. City
Manager Gould reported that approximately 30 suggestions for improving the situation
were received and he would be working with the Redevelopment Agency staff and
pertinent interest groups, to provide an analysis of these, in order to be in a position to
present a comprehensive report on February 3, 2001, regarding which are being
implemented, which can conceivably be considered policy decisions by the City Council
or actions taken by other bodies, and which suggestions are either infeasible, illegal or
inadvisable. Mr. Gould added that the follow-up session would be carefully structured
with, in his opinion, a very appropriate forum for the community to have discussion on
what may seem to be an intractable societal problem in the Bay Area.
b) Re: Marin County Hazardous & Solid Waste JPA - City Manager Gould reported that
this morning the Marin County Hazardous & Solid Waste Management Joint Powers
Authority (known as the Garbage JPA) held its annual meeting, with one of its actions
being to approve and recommend to all of the cities and towns in Marin, a model
construction and demolition recycling ordinance. The concern expressed by the Board,
on which City Manager Gould represents the City Council, was that last year Marin
disposed of 32,497,000 tons of unprocessed construction and demolition material and it
was felt that a good portion of this could be recycled or reused. Therefore, the Board
recommended that all jurisdictions adopt ordinances, saying that any project beyond
1,000 square feet would require a permit, necessitating the recipient to set forth a plan on
how this debris would be recycled. The permit would have to be administered by the
building divisions of these cities and the county agency, performance bonds would have
to be established, inspections would be carried out, with all of this being recovered in a
fee. City Manager Gould reported he voted for the recommendation on the basis that he
did not think it was necessary in San Rafael, for the following reasons:
San Rafael is doing an excellent job of recycling at present with 55% of current
disposal being recycled, putting us ahead of the state mandate of 50%;
To do this would only add another 4% and with the additional cost in terms of
processing fees and permitting fees assessed against homebuilders and
homebuyers, it would not be justified;
San Rafael already has Marin Resource Recovery, therefore, we could, as an
administrative function, add a strong suggestion that all of Marin's recycling be
taken to Marin Sanitary, in which case 64% would be recycled.
City Manager Gould concluded, therefore, that no ordinance was needed in San Rafael,
in that it would be overkill, drive up the permitting cost and increase the time to do it,
adding that it was a bigger issue for Novato, Sausalito and West Marin, where much of
the waste goes out of county. He emphasized that in San Rafael an ordinance was not
needed; it could be done administratively.
SRCC Minutes (Regular) 11/20/2000 Page 4
SRCC Minutes (Regular) 11/20/2000 Page 5
c) Re: Possible MERA Appeal - City Manager Gould reported that as of 5:00 p.m.,
Monday, November 20, 2000, an appeal of the Planning Commission's decision on the
MERA antenna siting had not been received; however, the deadline was 5:00 p.m.,
Tuesday, November 21, 2000. Having conferred with the MERA staff he confirmed they
could be ready with the additional information well in time for a December 18th Council
Meeting, should an appeal be filed and the date suitable. He deferred to the City Council
for instructions on the timing of hearing the appeal in the event one was filed.
d) Re: Police Officer Joel Fay — City Manager Gould reported that Police Officer Joel Fay
is to be honored as a Martin Luther King Humanitarian Award winner this year. Mr. Gould
stated this was a surprise for Officer Fay, but no surprise for those who have watched
his achievements in the last couple of years in the mental health outreach program.
e) Re: Fire Chief Marcucci — City Manager Gould reported Fire Chief Marcucci had been
on the road recently, at the request of various fire departments and professional fire
associations, to explain the concept of Community Fire Servicing, which Fire Chief
Marcucci pioneered in San Rafael. This concept for which Chief Marcucci has been
honored, is beginning to catch the attention of the more progressive fire departments
around the state and Chief Marcucci is taking time to speak to large audiences,
sometimes several times per day, and answer questions for long periods of time,
regarding the basis of community fire servicing and how it actually plays out in a day to
day practice. City Manager Gould added it is a credit to Fire Chief Marcucci and our Fire
Department that he is leading the way in this cutting edge technology.
f) Lastly, City Manager Gould wished all present a wonderful Thanksgiving.
COUNCILMEMBER REPORTS:
10. None
There being no further business, the City Council meeting was adjourned at 8:40 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12000
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 11/20/2000 Page 5