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HomeMy WebLinkAboutCC Minutes 1991-10-21SRCC MINUTES (Regular) 10/21/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 21, 1991, AT 7:00 PM CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-20(a) - #1 - Leandro Pantoja-Sandoval vs. City of San Rafael No. 91-20(b) - #2 No. 91-20(c) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 21, 1991, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Joan Thayer, Councilmember Absent: Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M.. Leoncini, City Clerk CONSENT CALENDAR Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Councilmember Thayer moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. October 7, 1991 (CC) 7. Approval of Time Extension of Contract with RESOLUTION NO. 8533 - AUTHORIZING Insurance Consulting Associates, Inc. for THE SIGNING OF A CONTRACT, LEASE Liability Claims (CA) - File 4-10-184 OR AGREEMENT (w/Insurance Consulting Associates, Inc., 90 -Day Contract Extension Agreement, or until 12/31/91) 8. Resolution of Appreciation to Beth Winters, RESOLUTION NO. 8534 - RESOLUTION Senior Field Representative, Marin Association OF APPRECIATION TO BETH WINTERS of Public Employees (MAPE) (CM) - File 102 x 7-8-1 10. Claims for Damages: a. John F. & Charlene C. Lucas (PW) Claim No. 3-1-1553 Approved City Attorney's recommend- ation for denial of Claim a. b. Marin Restaurants dba San Rafael Joe's Approved Insurance Consulting (PW) Associates', Inc., recommendation for Claim No. 3-1-1588 denial of Claim b. AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey ABSTAINED: COUNCILMEMBERS: Mayor Mulryan abstained from voting on the Minutes of the meeting of October 7, 1991, due to absence from meeting. The following items were removed from the Consent Calendar for further discussion: 3. APPROVAL OF COOPERATIVE AGREEMENT WITH CALTRANS FOR THE CONSTRUCTION OF MERRYDALE OVERCROSSING (PW) - File 4-8-23 x 4-3-216 x 11-1 Mayor Mulryan noted that this item was being deleted from this agenda. Councilmember Thayer indicated she had a brief question of staff, and inquired if the City's share was totally paid for by the development interests involved. Mr. Bernardi replied in the affirmative. SRCC MINUTES (Regular) 10/21/91 Page 1 SRCC MINUTES (Regular) 10/21/91 Page 2 Mayor Mulryan announced that this item is being carried over to the Consent Calendar for the November 4, 1991 meeting. 4. RESOLUTION ACCEPTING PROPOSAL FROM WILBUR SMITH ASSOCIATES TO UPDATE TERRA LINDA VALLEY TRAFFIC MODEL AND AUTHORIZING EXECUTION OF CONTRACT (PW) - File 4-3-247 x 9-2-45 Councilmember Thayer inquired what will the traffic model be based on, and noted there is no Specific Plan for the St. Vincent's/Silveira site. Planning Director Pendoley explained that that portion of the work would have to be brought back at a later time. He stated that the traffic analysis would be done on one of the alternatives, but the St. Vincent's/Silveira portion could not be done until the Draft Plan is available. Councilmember Thayer inquired, in that case, what is the point of performing this update. Mr. Bernardi explained this is part of the General Plan updating process, and staff felt it would be advantageous to get the traffic counts at this point, prior to the Christmas traffic pattern. He stated they would like to get it done immediately, to develop a base model. He stated if the Council chooses not to have the work done at this time, staff would recommend coming back for approval after the Christmas season. He noted that part of the St. Vincent's/Silveira Master Plan process is to develop base data for traffic comparison. Councilmember Thayer inquired, what would the updated model be based upon, and would it be our current land use intensities in the General Plan. Mr. Bernardi stated it would, noting that the counts taken will be plugged into the model which we currently have. Once we have that data, it will be used with Planning Department staff to prepare the Alternatives for the St. Vincent's/Silveira development. Ms. Thayer inquired what roadways would be involved, and Mr. Bernardi replied it would involve the entire network. Ms. Thayer asked if it would include McInnis Parkway, and Mr. Bernardi stated it would not include the extension, but that one intersection would include McInnis Parkway and Civic Center Drive, but only as it compares to the total network. It will not deal with the extension of McInnis to the north. Councilmember Boro inquired about replacement of the City's Traffic Engineer, noting that the City has advertised but apparently has not been successful in attracting candidates. He asked why we should go ahead with this survey without having the Traffic Engineer, and what would be the disadvantage of waiting until January, when we might hopefully have a Traffic Engineer. He stated that since the new Traffic Engineer would have to live with the results it would be worthwhile if he or she were here when it is being done so they would fully understand it, rather than reacting to it once it has been finished. Mr. Bernardi stated that he and the City Manager had discussed this issue, and they feel that whoever the Traffic Engineer will be, this base data is more or less independent of that individual. He noted that the traffic assumptions which have been made are all still valid, regardless of who is the Traffic Engineer. He stated that what would be important is that the person who is hired does understand how the assumptions were made. He stated if the Council chooses not to do this survey now, and waits until there is a Traffic Engineer on board, he does not feel the results would be any different. Councilmember Boro inquired if the City does not have the ability to do this ourselves, but must go to Wilbur Smith Associates, would we own the data base, or are we looking to have ownership of it. Mr. Bernardi responded the City is looking to have ownership ourselves, because we will have the in-house capability of working the numbers eventually. Councilmember Boro inquired about the difficulty in getting a Traffic Engineer, and what might be done. City Manager Nicolai responded that staff has debated re - advertising. They are concerned about the salary level, and Personnel is doing a salary survey to see if that was a major factor, and also looking at the various components of the job, to see if we should utilize consultants and do part of it in-house. She said they are evaluating other factors to see if it could be distributed in-house. She noted that the workload may be diminishing. She also stated she does not know why we did not get enough good candidates to interview. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution accepting the proposal from Wilbur Smith Associates. RESOLUTION NO. 8535 - ACCEPTING PROPOSAL AND AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WILBUR SMITH ASSOCIATES FOR UPDATING THE NORTHGATE AREA - WIDE TRAFFIC MODEL (St. Vincent's/Silveira Ranch Study Area, Phase I) SRCC MINUTES (Regular) 10/21/91 Page 2 SRCC MINUTES (Regular) 10/21/91 Page 3 AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey 5. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1609 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 15.34 OF THE SUBDIVISION ORDINANCE TO PROVIDE STANDARDS FOR HILLSIDE SUBDIVISIONS (P1) - File 115 x 5-1 x 10-2 x 10-3 x 10-6 Mayor Mulryan stated he has listened to the tape of the Public Hearing of October 7, 1991, on these issues Re Items 5 and 6, and will vote on them. Councilmember Thayer stated she still has reservations about Section P in Ordinance No. 1610, the next agenda item, because she does not believe that any discretion should be granted either the Planning Commission or the Council in this matter. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 15.34 OF THE SUBDIVISION ORDINANCE TO PROVIDE STANDARDS FOR HILLSIDE SUBDIVISIONS". Councilmember Thayer moved and Councilmember Boro seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1609. AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey 6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1610 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE PROVISIONS OF THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES (P1) - File 115 x 5-1 x 10-2 x 10-3 x 10-6 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE PROVISIONS OF THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES" Councilmember Thayer moved and Councilmember Boro seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1610. AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey 9. SAN RAFAEL HOMELESS SERVICES SITE SELECTION AREA TASK FORCE (CM) - File 13-16 Councilmember Boro stated he had received a telephone call this afternoon from Lois Dito who is President of the Business Improvement District, and he wished to state for the record that this Committee which is being recommended is a result of meetings starting back in July held in the Council Chambers, and there was press coverage in the month of August with three different stories in the Independent -Journal about the Committee. Also, several weeks ago he had made a presentation before the Downtown Planning Committee and there were 24 people on the issue, and gave each of them an application for this Committee. He stated that Ms. Dito had some concern as to whether or not the business representatives of the City had enough warning about this Committee and he told her he felt they had. He stated that if anyone from the business community is interested in being on the Committee, he is sure the Countywide Commission would be more than happy to accept applications. Councilmember Boro moved and Councilmember Thayer seconded, to accept the staff report. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan None Breiner & Shippey 11. PUBLIC HEARING - VACATION OF OPEN SPACE EASEMENT, LOT 25, PEACOCK ESTATES SUBDIVISION (PW) - File 2-12 x 13-14-1 x 9-3-40 Mayor Mulryan declared the Public Hearing opened. SRCC MINUTES (Regular) 10/21/91 Page 3 SRCC MINUTES (Kegular) 10/21/91 Page 4 Public Works Director Bernardi informed the Council that no objections to this vacation of an open space easement have been received in Public Works Department, and he recommends the Council adopt the Resolution abandoning the easement. He noted it does not create an additional lot, but will add amenities for the property owner. Mayor Mulryan noted that, also, the City will receive property in return, from the Peacock Estates Homeowners' Association. There being no public input, the Public Hearing was closed. Councilmember Boro moved and Councilmember Thayer seconded, that based on prior discussion on this item, the Resolution ordering closing abandoning and vacating of a portion of open space easement, Lot 25, Peacock Estates in San Rafael be adopted, with the appropriate trade as described by the Public Works Director. RESOLUTION NO. 8536 - ORDERING CLOSING, ABANDONING AND VACATING PORTION OF OPEN SPACE EASEMENT, LOT 25, MAP OF PEACOCK ESTATES, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey 12. APPROVAL OF SHORELINE ENHANCEMENT PLAN AND CERTIFICATION OF NEGATIVE DECLARATION (Rec) - File 4-10-244 x 9-3-65 x 9-3-66 Recreation Director McNamee informed the Council that she had hoped to bring the plans for the Shoreline Enhancement Plan to this meeting, but due to an oversight the plans were not included in the original packet. She recommended that the item be continued to the November 4, 1991 meeting. The Council agreed to defer this item to the November 4, 1991 agenda. 13. REPORT ON DREDGING OF SAN RAFAEL CANAL (PW) - File 12-10 Public Works Director Bernardi reported that staff has received correspondence from the Corps of Engineers regarding the test results taken in the San Rafael Canal to satisfy Water Quality Control Board requirements. He stated he was notified in July that the testing identified concentrations of organic compounds, consisting of oil and grease, in the sediment, located in the upper third of San Rafael Canal, generally between the Grand Avenue Bridge and the San Rafael Yacht Harbor. The Corps informed the City that this material could not be dumped at Alcatraz, but had to be dumped on a land disposal site. Mr. Bernardi added that, after considerable discussion with the Corps and further testing, the limits of the contaminated material have been more precisely defined, and there still remain approximately 4,000 cubic yards of material which cannot be disposed of at Alcatraz. Mr. Bernardi reported that staff has been working with the consultant, Mr. Mike Cheney, who has been in touch with the Redwood Sanitary Landfill to determine if the sediment could be disposed of at that location. However, to date no firm answer has been received from the operators, presumably connected with the recently completed sale of the landfill. Mr. Bernardi informed the Council that they have the option to decide not to dredge the Canal, and pointed out that this would have a serious impact on the commercial viability of the San Rafael Canal. He noted that the Canal is utilized by a variety of commercial uses, including boat repair, yacht brokering, boat storage, docking facilities, commercial fishing, and commercial freight and passenger service. He added that approximately 200 people are employed in these enterprises. Mr. Bernardi then discussed the funding of the City's share of the Canal dredging, noting that recent legislation now makes it possible for local government to establish an enterprise zone for dredging purposes. This will allow the City to charge those who directly benefit from the use of the Canal a fee to cover the costs of dredging. He added that staff is researching this and will report back to the Council with additional information. Secondly, Mr. Bernardi discussed the issue of meeting the future requirements of the U.S. Environmental Protection Agency (EPA) Clean Water Program, as it relates to the water quality of storm water runoff. He stated that draft guidelines are currently being prepared by the Water Quality Control Board which will set criteria for our storm water discharges. The contaminated material is the result of illegal placement of crankcase oil and runoff from City streets and paved areas in general into our storm drain system which eventually drains into the Canal. This oil and grease settles out and contaminates the sediment. SRCC MINUTES (Regular) 10/21/91 Page 4 SRCC MINUTES (xegular) 10/21/91 Page 5 Mr. Bernardi noted that the material meets the EPA standards for dumping on a landfill. He added that they do not have cost figures for the dumping because they do not know where it will be hauled to. He said that if it can be moved by barge it will not be as costly as moving the material by truck because it would take 400 truckloads to haul the material. Mayor Mulryan inquired, if we can reach an agreement with Redwood Sanitary Landfill it would seem more feasible. Councilmember Boro stated that the cost would be considerably more if another location had to be found. Mr. Bernardi agreed, and stated that the Redwood Landfill uses that kind of material, and it would be cheaper if we can dump it there. He said they charge $52 a yard for sludge which is used for fill. He explained that the removal of the material will not affect the water surface, but by dredging you will have a better water flow. Councilmember Thayer stated the City will have to find another source of funding if it is going to be so costly. Mr. Bernardi explained that as time has gone by the regulatory requirements have increased and the cost to the City has gone up, and noted that this is the first time the City has had to pay money, because there has always been a disposal source available. Councilmember Boro stated the material should be caught in the storm drains before it gets to the Canal, and inquired why the pollutants are in only one portion of the Canal. Mr. Bernardi explained the route from the Sun Valley area, and how the high velocity bonds the grease and oil together chemically to form a sediment in the bottom of the Canal. Mayor Mulryan stated he thought it was because of the proximity of the roadway that there were pollutants, and Mr. Bernardi said that is part of the problem, and noted that the boats also contribute, as well. Councilmember Thayer inquired are there not Ordinances controlling the disposal of oil from cars from going into the storm drains. Mr. Bernardi stated that both the City and the Water Quality Control Board have Ordinances, but the problem is catching people in the act. He stated they have caught people on a couple of occasions, where phone calls were received. Councilmember Boro asked that staff bring back a report on possible disposal sites and also the costs, with funding alternatives. Mr. Bernardi stated he will come back with such a report, as soon as they receive an answer from the Landfill operation. Mayor Mulryan stated that the dredging has to be done, and that the Council is commit- ted to dredging again, and doing it right. He stated that previously there was a report of lead at the bridges, and that was not a problem because it was pumped onto the land, but now the dredged material has to be dumped at Alcatraz. He assured the audience that the Council and staff will do all they can to solve the problem. Mr. Bernardi noted that Charles Hendrickson was in the audience, and asked that he be recognized and thanked for the contribution of $1,400 from Hendrickson Development, to assist the City in defraying the additional costs of removing the contaminated material. The Council thanked Mr. Hendrickson. A spokesperson for the audience inquired about timing, and Mayor Mulryan informed them that it is more efficient to do the whole operation at one time, and that the main channel and the side channels should be taken care of in the one operation. Mr. Bernardi added that the dredging company is helping staff to move the plans along as quickly as possible. 14. ESTABLISHMENT OF ABANDONED VEHICLE ABATEMENT PROGRAM (CM) - File 4-4-6a x 13-9 City Manager Nicolai briefed the Council, explaining that AB 4114, which was signed by the Governor last year, provides for the establishment of an Abandoned Vehicle Abatement Authority on a Countywide basis under certain conditions. She stated the legislation provides that a $1 a year per vehicle service fee imposed on auto registrations may be distributed to an Authority established for the purpose of abating abandoned vehicles. She noted that new programs need not be established, but that existing County and City programs qualify for funding. She added that there have been three meetings between representatives of the County and Cities preparing for the formation of this program. Ms. Nicolai stated that the County Administrator and City Managers have agreed that the Abandoned Vehicle Abatement Program could be operated under the administrative umbrella of the Marin Street Light Acquisition Joint Powers Authority. She noted that the JPA contains appropriate membership, fiscal and operational provisions, and its current Executive Officer is the Assistant County Public Works Director. She added that the CHP's deadline for submittal of Resolutions and Authority Plans is October 1, 1991; however, they have indicated some flexibility as long as all documents are received and approved by mid-November. SRCC MINUTES (Regular) 10/21/91 Page 5 SRCC MINUTES (Kegular) 10/21/91 Page 6 Ms. Nicolai further reported that the County Administrator and City Managers have agreed that disbursement of funds will be on the basis of population within a given jurisdiction/actual staffing and towing costs/average Countywide staffing and actual towing costs. She said local overhead would be billed to the Authority by the jurisdiction providing staff time, and of the approximate $210,000, the City of San Rafael would receive approximately $44,727.72, based on current estimates. Councilmember Thayer inquired if this would be in addition to what the City is already spending to have abandoned vehicles removed. Ms. Nicolai responded that the City has the option to increase the present volume. She stated that given our limited resources, some would go toward what we are already paying, but staff will determine that. She noted San Rafael is spending less than other jurisdictions because of the contract the Police Department entered into for towing. She said we pay $2 and the County pays $85. Linda Bellatorre, Planning Commissioner, speaking as a concerned resident, inquired about the wording in the Resolution, which includes removing abandoned cars from private as well as public property. Mayor Mulryan explained that cars can be removed from private property with approval. Ms. Bellatorre then inquired regarding staff, and will some of the cities' funds go toward salaries. Ms. Nicolai stated that Farhad Mansourian at the County will take care of the staffing, and it will be done without an increase in staff. Ms. Bellatorre inquired about approval process for the funding, and Ms. Nicolai explained that the plan has to be approved by every jurisdiction, and we put in our amount. Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution approving the establishment of an Abandoned Vehicle Abatement Program. RESOLUTION NO. 8537 - APPROVING ESTABLISHMENT OF AN ABANDONED VEHICLE ABATEMENT PROGRAM OPERATED BY THE MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ADJOURNMENT: Boro, Thayer & Mayor Mulryan None Breiner & Shippey Mayor Mulryan adjourned the meeting in memory of Mary Shippey, wife of Councilmember Michael Shippey, who passed away today, and extended sympathy to the family. The meeting adjourned at 8:45 PM. JEAN . LEONC6�yCler APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1991 SRCC MINUTES (Regular) 10/21/91 Page 6