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HomeMy WebLinkAboutCC Minutes 1991-09-16SRCC MINUTES Regular) 9/16/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 16, 1991, AT 7:00 PM CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-18(a) - #2 No. 91-18(b) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 16, 1991, AT 8:00 PM Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Pamela J. Nicolai, City Manager Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE INCREASE IN CRIME IN GERSTLE PARK AREA - File 9-3-30 x 2-1-11 Steve Patterson, a Gerstle Park area resident, informed the Council of his concerns about the increase in crime in the area, particularly on "B" Street, in the vicinity of the Safeway and Seven -Eleven stores, and even in front of the Community Center, where drugs and prostitution are open and blatant. He stated that the Sheriff's Department is willing to help because of the shortage of San Rafael police officers, but they have to be asked formally by either the City or the Police Department. He stated that young families have been moving into the area, buying their first homes, and the area has become a danger zone. He said a temporary solution will not be sufficient, but there must be positive action now. Vice -Mayor Breiner asked that this item be placed on the Council's agenda for the October 7, 1991 meeting. She said she knows that people from the Sheriff's Department have been assist- ing the San Rafael Police Department in the Canal area and perhaps they could help in this area also. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of September 3, 1991 (CC) 4. Resolution Authorizing Application for Continued State Department of Education Child Care Scholarship Funding for Fiscal Year 1992/93 (Rec) - File 4-10-238 x 9-3-65 5. Approval of Basic Life Support (BLS) Ambulance Contract with United Ambulance Service for Paramedic Area B (FD) - File 4-3-105 x 9-3-31 6. Extension of Agreement with William Lellis for Inspection Services in the Fire Depart- ment (from 9/17/91 thru 9/16/92) (FD) - File 4-3-223 x 9-3-31 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 8508 - APPROVING THE CERTIFICATION OF PROGRAM APPLICATION TO THE STATE DEPARTMENT OF EDUCATION FOR FUNDING IN FISCAL YEAR 1992/93 ("Latch Key" Funds Program) RESOLUTION NO. 8509 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/United Ambulance Service to Provide Basic Life Support Emergency Ambulance Service to Paramedic Area B - 60 -month contract, from 9/16/91 thru 9/15/96, w/30 day termination notice by either party) RESOLUTION NO. 8510 - AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (from 9/17/91 thru 9/16/92) SRCC MINUTES (Regular) 9/16/91 Page 1 7. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1608 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE AMENDMENTS TO THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (Increase in License Fees and Other Fees Relating to Animal Control) (CA) - File 4-13-54 x 9-10-2 x 9-3-16 x 13-3 8. Approval of Subdivision Final Map - The Highlands (PW) - File 5-1-320 9. Approval of Subdivision Final Map - Laurel Glen (PW) - File 5-1-301 13. Resolution Approving Proposed Revisions to the County Hazardous Waste Management Plan (P1) - File 13-2 x 115 x 10-2 14. Resolution Authorizing Execution of Agreement with Environmental Science Associates, Inc. (ESA) for Preparation of an EIR for the 40 Unit Northview Condominium/Townhouse Project (P1) - File 4-3-246 SRCC MINUTES %Regular) 9/16/91 Page 2 Approved final adoption. RESOLUTION NO. 8511 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF THE HIGHLANDS" RESOLUTION NO. 8512 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF LAUREL GLEN" RESOLUTION NO. 8513 - REGARDING REVISIONS TO THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN RESOLUTION NO. 8514 - ACCEPTING THE PROPOSAL FROM ENVIRONMENTAL SCIENCE ASSOCIATES, INC. (ESA) FOR PREPARA- TION OF AN ENVIRONMENTAL IMPACT REPORT FOR NORTHVIEW TOWNHOUSE PROJECT 15. Resolution Approving Below Market Rate RESOLUTION NO. 8515 - AUTHORIZING THE Agreement for Laurel Glen Subdivision (P1) - SIGNING OF A BELOW MARKET RATE HOUSING File 229 x 5-1-301 AGREEMENT BETWEEN LAUREL GLEN LIMITED PARTNERSHIP AND THE CITY OF SAN RAFAEL RE: LAUREL GLEN 17. Resolution Supporting Regulation and RESOLUTION NO. 8516 - SUPPORTING Competition in Cable Television (CM) - REGULATION AND COMPETITION IN CABLE File 130 x 9-7-4 x 2-11 TELEVISION 18. Legislation Affecting San Rafael (CM) - Approved staff recommendation to File 9-1 SUPPORT US S 1200 (BURNS) Utilities - Telephone; US HR 2546 (BOUCHER) Government Property - State and Federal; US S 12 (DANFORTH) Communi- cations Issues - Misc.; and US HR 1303 (MARKEY) Communications Issues - Misc. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan DISQUALIFIED: COUNCILMEMBERS: Boro, on Agenda Item No. 17 only (due to potential Conflict of Interest). The following items were removed from the Consent Calendar for discussion: 3. RESOLUTION AMENDING RESOLUTION NO. 7009 AUTHORIZING LICENSING OF THE CITY'S CHILD CARE PROGRAMS TO INCLUDE MARY SILVEIRA, DIXIE SCHOOL, VALLECITO, SAN PEDRO AND GLENWOOD CHILDREN'S CENTERS (Rec) - File 4-10-188a x 9-3-65 Councilmember Shippey observed that the City is doing a very fine job on child care centers. He noted there are three new centers, and inquired how well they are working out during the first couple of weeks. Recreation Director McNamee responded that the programs are excellent and that Vallecito is nearly full, and the programs are breaking even, if not better, with more children than were expected. Councilmember Boro inquired about the total enrollment, Citywide, in the child care centers. Ms. McNamee stated she will give the Council the figures shortly. Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution approving the application for licensing of the Child Care Programs with the State of California. SRCC MINUTES (Regular) 9/16/91 Page 2 SRCC MINUTES (Regular) 9/16/91 Page 3 RESOLUTION NO. 8517 - TO AMEND RESOLUTION NO. 7009 OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR LICENSING OF CHILD CARE PROGRAMS WITH STATE OF CALIFORNIA AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 10. APPROVE ADDENDUM TO CONTRACT WITH FORSHER + GUTHRIE FOR DESIGN OF DEL GANADO FIRE STATION (PW) - File 4-3-224.x 4-1-406 x 9.-3-31 x 9.-3-40 Councilmember Boro inquired what had caused the additional design change for the Fire Station, and does the applicant feel it is beneficial. Planning Director Pendoley explained that the original design was a two-story structure so the building would not infringe on the Terra Linda Recreation Center parking lot. The Design Review Board did not feel the design was appropriate, and did not fit in with the neighborhood character of the area. The architects are now redesigning, and coming up with a much better design. Mr. Pendoley said the first design was unworkable because they were trying not to infringe on the parking lot. Councilmember Shippey inquired about the time line. Public Works Director Bernardi stated that once the design is completed the City will call for bids, which will take about six months. The construction should take about eight months, so it should be completed in about 14 months. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution authorizing an addendum for the design of the Del Ganado Fire Station. RESOLUTION NO. 8518 - AUTHORIZING THE SIGNING OF AN ADDENDUM FOR THE DESIGN OF THE DEL GANADO FIRE STATION (w/Forsher + Guthrie) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 11. RESOLUTION OF INTENTION TO VACATE A PORTION OF OPEN SPACE EASEMENT - LOT 25, PEACOCK ESTATES SUBDIVISION (PS) - File 2-12 x 13-14-1 x 9-3-40 Councilmember Boro asked for an explanation of the proposal, and Mr. Bernardi, with the aid of maps, explained to the Council. He stated it is very clear that the property will not be subdivided, and no new parcels created; it will increase the building envelope for that parcel. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution of Intention and set a public hearing for October 21, 1991. RESOLUTION NO. 8519 - RESOLUTION OF INTENTION TO VACATE PORTION OF OPEN SPACE EASEMENT, LOT 25, MAP OF PEACOCK ESTATES, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. AUTHORIZATION TO CALL FOR BIDS FOR CITY HALL ASBESTOS ABATEMENT AND ACOUSTIC CEILING REPLACEMENT (PW) - File 4-1-448 x 9-8 x 9-3-40 Councilmember Boro inquired why this work had to be done this year, and could it be delayed. Mr. Bernardi stated it has been delayed for several years; however staff will not ask Council for additional funds from the General Fund, but will review currently authorized projects for funding sources. Councilmember Shippey inquired if there is a program in place to check the building regarding Legionnaire's Disease, in view of the problem in Richmond. Mr. Bernardi responded that the City Hall building has enough fresh air so that there is continuing circulation. Also, at times, outside air is circulated into the system. He stated he does not believe the system has ever been inspected for mold, but he noted that the building in Richmond is one where the windows were never opened. City Manager Nicolai informed the Council that all of the City's facilities have been inspected for asbestos, and this work is on the ceiling tiles only, in the hallways, which includes the former hallway on the third floor which is now Building Inspection. She stated staff would like to go forward for bids and when the bid results are known, then come back to the Council with recommendations on how to fund it. SRCC MINUTES (Regular) 9/16/91 Page 3 SRCC MINUTES kRegular) 9/16/91 Page 4 Councilmember Boro said he would like to make certain that the contract is airtight and will not cause additional expenditure. Mr. Bernardi stated that staff has spent considerable time on this project and have tested the Council Chambers and other areas. He noted that there is nothing above the ceilings in question which would have asbestos around them. Councilmember Thayer stated she has the same concerns regarding the expenditure, and when Councilmember Boro asked was this mandatory, Mr. Bernardi responded that it has been deferred for several years. She inquired if so, is it crucial that the work be done at this time. Ms. Nicolai responded that she does not feel comfortable that it has been put off as long as it has, and she would like authority to proceed. Vice -Mayor Breiner noted that in view of possible damage from earthquakes, with asbestos shaking loose, she feels the project should proceed. Councilmember Boro moved and Councilmember Thayer seconded, to authorize staff to call for bids for asbestos abatement and acoustic ceiling replacement for City Hall. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 16. APPROVAL OF USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK SALE TO BE HELD BY DOWNTOWN MERCHANTS' ASSOCIATION ON SATURDAY, OCTOBER 12, 1991 FROM 10:00 AM TO 5:00 PM AND AUTHORIZE PUBLIC WORKS DIRECTOR TO ISSUE ENCROACHMENT PERMIT FOR TWO OVERHEAD BANNERS ACROSS FOURTH STREET (RA) - File 183 x 9-3-40 x 125 Vice -Mayor Breiner stated she considers the recommended banners as precedent setting. Ms. Nicolai explained they will fit within the mastarm and will not go across fourth Street. Assistant Executive Director for Redevelopment Ours explained that they will be placed where they will not interfere with directional signals. Vice -Mayor Breiner inquired how long they would be up, and Mr. Ours said they would be up one week. Councilmember Thayer moved and Councilmember Shippey seconded, to approve the staff recommendation for use of the public right-of-way for the sidewalk sale, with the understanding that the banners will not extend across Fourth Street. Councilmember Boro observed that they should not be called banners. AYES: COUNCILMEMBERS: Boro, Shippey & Thayer NOES: COUNCILMEMBERS: Vice -Mayor Breiner ABSENT: COUNCILMEMBERS: Mayor Mulryan 19. PUBLIC HEARING - ANNUAL COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT FOR SMITH RANCH HOMES RETIREMENT PROJECT LOCATED ON REDWOOD DRIVE, NORTH OF SMITH RANCH ROAD (CA) - File 5-1-290 Vice -Mayor Breiner declared the Public Hearing opened. Planning Director Pendoley briefed the Council, stating that California Government Code Section 65865.1 requires annual review of the Compliance Certificate regarding the terms and provisions of the Development Agreement for Smith Ranch Homes. Mr. Pendoley stated he feels the developers are in compliance, and staff recommends the Council adopt the Resolution authorizing issuance of a Certificate of Compliance similar to last year's. There being no public input, the Public Hearing was closed. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution authorizing the issuance of a Certificate of Compliance pursuant to Government Code 65865.1, for Smith Ranch Homes. RESOLUTION NO. 8520 - AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOP- MENT AGREEMENT) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 9/16/91 Page 4 SRCC MINUTES kRegular) 9/16/91 Page 5 20. DISCUSSION RE: PRELIMINARY DRAFT OF 14ARIN COUNTY (MULTI -JURISDICTIONAL) SOURCE REDUCTION AND RECYCLING ELEMENT (BECK REPORT) AB939 REQUIREMENT (Fin) - File 13-2 x 115 x 4-3-32 Finance Director Coleman explained to the Council that the State of California requires each city to divert 25% of its waste stream from landfill disposal by 1995 and 50% by the year 2000. He stated that as part of AB939 requirements, each city is required to prepare a report to the State detailing how they will comply. In Marin County, all of the cities joined with the County to prepare a report which has been distributed to all the elected officials in the County. Mr. Coleman explained that San Rafael has been complying, and the present percentage is about 24.3%. He said his question is, how quickly does the City wish to increase its diversion rates. He asked do we move ahead as quickly as possible, pointing out that if we do, the costs outlined in the report will have to be reflected in the garbage rates. Mr. Coleman stated that if the Council has any comments on the preliminary draft, they must make them by September 30th. The final report will be sent to the Council in November for approval, and it may be changed in November by addendums which will be attached to the main report. Councilmember Thayer commented that there are many problems with AB939, and the City is under pressure timewise from the State. She said that if the city is to reach its 50% goal by 2000 it will be by composting. She added that the penalties for non- compliance will be severe, with a $20,000 a day fine. She noted that composting material is 30% of the volume at the landfill. She stated that other parts of the plan include education of the residents and businesses. She noted that burned material cannot be included. She stated that Joe Garbarino is confident he can get San Rafael to 50% by the year 2000, but it will be difficult. She added that the landfill has increased its rate tremendously, and instead of $29 per ton it will be $59 per ton. Ms. Nicolai stated she is concerned that we have this mandate regarding the study, while San Rafael has been working with Marin Sanitary on the issue for years. She said San Rafael should not be subsidizing the communities such as Sausalito who have not had a curbside recycling program. She said she would like to get everyone in San Rafael a green can and get them recycling yard waste. She also feels San Rafael should get credit or some benefit for contributing our share. She said if other communities are slow in catching up it should be their problem. Councilmember Boro said we do not need a Joint Powers Agreement (JPA). He added we have a very aggressive company in San Rafael doing the recycling, and it would not make sense to go in with the other agencies, but should stand alone. The Council then discussed the recycling of batteries, paint, etc. which are accepted at the Recycling plant at present. Mr. Boro said he would like Mr. Garbarino's reaction to these regulations. Councilmember Thayer noted that right now his recycl- ing service is free, and some of the items being accepted have to be shipped far away to disposal sites. She said she would be happy to have Mr. Garbarino here to answer some of the questions. Ms. Nicolai stated part of the problem with the JPA is the City entered this to look at the Countywide study. If San Rafael goes out on its own, it would have to come up with its own study and submit it. She recommended getting together with the other cities serviced by Marin Sanitary to see if something could be done with this group instead of the City going out on its own. Vice -Mayor Breiner agreed that Ms. Nicolai should pursue this issue. Councilmember Thayer noted that if the City parts company with the others, we may have to come up with our own Plan. She said she would recommend going back to the County and see if we can make changes pertinent to San Rafael at this point in time. She recommended omitting the education for now, and implementing other programs. Mr. Coleman said his concern is that the City would get locked into something without having time to evaluate how things are going. Councilmember Boro called attention to Page 1 of the Executive Summary, which states "As a frame of reference, if costs were shared equally by residents and businesses, and shared Countywide, the $4.7 million estimate for 1995 would translate into an increase of $2 per household per month." He said he feels this is geared toward penalizing cities like San Rafael who have been making an effort. He said he feels we should let the County know that we do not want to be a part of that. SRCC MINUTES (Regular) 9/16/91 Page 5 SRCC MINUTES (Regular) 9/16/91 Page 6 Councilmember Boro asked that the Council's concerns be outlined explicitly in the reply to the County. Ms. Nicolai stated that there are a number of serious issues here and looking at it on a Countywide basis, it has some real inequities in it. Vice -Mayor Breiner asked that it come back for further review before the deadline. 21. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES' CONFERENCE SCHEDULED FOR OCTOBER 13-16, 1991 IN SAN FRANCISCO (CC) - File 9-11-1 After discussion, in which City Clerk Leoncini informed the Council that Mayor Mulryan would not be able to attend the Conference, Ms. Nicolai informed the Councilmembers that she would send them the agenda of the workshops. Councilmember Shippey moved and Councilmember Thayer seconded, to appoint Vice -Mayor Breiner as delegate, with Councilmember Boro as alternate. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 22. CITY COUNCIL REPORTS: a. DROP-OFF (FORMER) SAN QUENTIN INMATES AT FOURTH AND HETHERTON - File 9-3-30 Councilmember Boro stated he had been told that San Quentin has a practice of dropping off (former) inmates at Fourth and Hetherton, as a transportation center to go back to where they came from. He stated that from what the Council has heard tonight, this practice should end. He stated he would like to know why the (former) inmates were brought to an area like San Rafael instead of to a large metropolitan area. He pointed out there is a ferry very close to San Quentin which could take them to a large city. Police Chief Ingwersen stated he will speak with the Warden at San Quentin and report back to the Council. b. POSSIBILITY OF LEGIONNAIRE'S DISEASE OCCURRING AT CITY HALL - File 12-2 x 13-1 Councilmember Shippey asked Public Works Director Bernardi for a report on the possibility of Legionnaire's Disease occurring at City Hall and/or City -owned buildings. Mr. Bernardi said he will report back to the Council on this item. There being no further business, the meeting adjourned at 8:55 PM. JEA E M. LEONCINI�ityClerk APPROVED THIS DAY OF , 1991 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/16/91 Page 6