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HomeMy WebLinkAboutCC Minutes 1992-07-06SRCC MINUTES (Regular) 7/6/92 Page I IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JULY 6, 1992, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No Closed Session was held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 6, 1992, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Shippey moved and Councilmember Breiner seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of June 1, Approved as submitted. 1992, and Special Meeting of June 15, 1992 (CC) 3. Resolution Approving Extension of Time for Sub- RESOLUTION NO. 8688 - EXTEND - division Agreement - Marin Lagoon (PW) - ING TIME FOR THE COMPLETION OF File 5-1-313 IMPROVEMENT WORK MARIN SUBDIVISION (EXTENSION TO AND INCLUDING 12/31/93) 5. Baypoint Lagoons Landscaping and Lighting District: (PW) - File 6-48 a. Resolution Directing Filing of Engineer's Annual Report b. Filing of Engineer's Annual Report C. Resolution of Intention to Order Improvements RESOLUTION NO. 8689 - DIRECTING FILING OF ENGINEER'S ANNUAL REPORT - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the the Landscaping and Lighting Act of 1972) Filed. RESOLUTION NO. 8690 - RESOLUTION OF INTENTION TO ORDER IMPROVE- MENTS - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Land- scaping and Lighting Act of 1972) 8. Authorization to Call for Bids for Storm Drain Approved staff recommendation. Replacement at Grand Avenue and Linden Lane and at Prospect Drive (PW) - File 4-1-453 10. Report on Bid Opening and Authorization to RESOLUTION NO. 8691 - AUTHORIZ- Purchase Two -Wheel Trailer for Park Division ING THE PURCHASE OF A TWO -WHEEL (Gen.Svcs.) - File 4-2-264 TRAILER (From Hogue Equipment Co., Inc., lowest responsible bidder, in the amount of $3,430.93) 11. Resolution Approving the 1992/93 Budget (Fin) - RESOLUTION NO. 8692 - APPROVING File 8-5 THE BUDGET FOR THE FISCAL YEAR JULY 1, 1992 - JUNE 30, 1993 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (in the SRCC MINUTES (Regular) 7/6/92 Page 1 SRCC MINUTES (Regular) 7/6/92 Page amount of $39,339,791) SRCC MINUTES (Regular) 7/6/92 Page 3 12. Resolution Approving Contract with Project for Public Spaces for Albert Park Renovation Plan (Rec) - File 4-3-256 X 9-3-65 X 9-3-66 14. Resolution Approving the 1992/93 "Latchkey" Funds Contract with the State Department of Education (Rec) - File 4-10-238 SRCC MINUTES (Regular) 7/6/92 Page RESOLUTION NO. 8693 - AUTHORIZ- ING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Project for Public Spaces for Albert Park Renovation Plan - not to exceed $4,500) RESOLUTION NO. 8694 - APPROVING THE 1992/93 "LATCHKEY" FUNDS CONTRACT WITH THE STATE DEPART- MENT OF EDUCATION ($74,290) 15. Status Report on Services of Ulf Hamilton, City Council reaffirmed Ulf Insurance Broker for the City's Life, Dental Hamilton as the Broker of Record and Disability Insurance Coverage (Pers) - for the next two years for the File 4-3-124 dental, life and long-term disability and 125 Plan. 16. Report on City's Compliance with Title I Accepted report. (Employment) of the Americans with Disabilities Act (ADA) by July 26, 1992 (Pers) - File 13-1-1 17 19 20 Approval of Memoranda of Understanding (MOUS) with Miscellaneous Employees: (Pers) - File 7-8-1 X 7-3 a. Resolution Between City and Marin Association RESOLUTION NO. 8695 - AMENDING of Public Employees (MAPE), S.E.I.U. - Local RESOLUTION NO. 8292 PERTAINING 949, Supervisory Unit TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS SUPERVISORY PERSONNEL (7/1/92 - 6/30/93, no change in salaries) b. Resolution Between City and Marin Association RESOLUTION NO. 8696 - AMENDING of Public Employees (MAPE), S.E.I.U. - Local RESOLUTION NO. 8293 PERTAINING 949, Miscellaneous Employees TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS PERSONNEL (7/1/92 - 6/30/93, no change in salaries) Approval of Extension of the Following: (CM) - File 9-6-1 x 9-6-3 x 7-1-31 x 4-10-202 a. Property Insurance with CNA Insurance Through the California Joint Powers Risk Management Authority (CJPRMA) b. Excess Workers' Compensation with National Union Through Johnson & Higgins Update on Canal Action Plan (CM) - File 231 X 9-2-43 X 218 X 9-3-11 Claims for Damages: a. Mrs. Carmen 0. Granberg (PW) Claim No. 3-1-1620 b. Frank J. McMahan (PD) Claim No. 3-1-1629 C. Daisy Samoun (PW) Claim No. 3-1-1631 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 8697 - AUTHORIZ- ING THE CITY MANAGER TO CONTRACT FROM JULY 1, 1992 THROUGH JUNE 30, 1993 FOR PROPERTY INSURANCE WITH CNA INSURANCE COMPANY THROUGH THE CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY AND FOR EXCESS WORKERS' COMPENSATION INSURANCE WITH NATIONAL UNION THROUGH JOHNSON & HIGGINS Accepted report. Approved City Attorney's recommendation for denial of Claims a, b & c. Cohen, Shippey, Thayer & Mayor Boro SRCC MINUTES (Regular) 7/6/92 Page 3 SRCC MINUTES (Regular) 7/6/92 Page 4 The following items were removed from the Consent Calendar for discussion: 2. APPROVAL OF MINUTES OF REGULAR MEETING OF MAY 4, 1992 (CC) - File 1-4 Councilmember Breiner stated that on Page 8 of the Minutes, Item #17, the wording in the quote on landscaped berm should be changed to dense vegetation and a fence. . ." Councilmember Cohen stated that on Page 15, Item II, the spelling should be corrected on Mr. Obletz' name. Councilmember Breiner moved and Councilmember Cohen seconded, to approve the Minutes of regular meeting of May 4, 1992, as revised. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REPORT ON CITY'S DRAINAGE POND ADJACENT TO CANALWAYS (PW) - File 12-9 x 5-1-288 x a -q -an Councilmember Cohen stated he does not feel this report goes far enough in addressing the environmental impact questions. He stated he would like to know more about it, and whether there are alternatives. Public Works Director Bernardi explained that one issue raised was spraying of the drainage ditches with weed killers to keep the areas free of vegetation. He stated that because the area is so flat, the drainage flow is very critical and any impediment to the flow of water, which in this case is grasses and weeds, would affect the water salination upstream. He added that part of the problem in this area is that the pond bottom is higher than it should be. He explained that these factors make the flow of water very critical, with regard to salination and the possibility of flooded streets. They are taking these measures to keep the water flowing as best they can. Councilmember Cohen then inquired about the spreading out of the excavated material. Mr. Bernardi explained that they will be flattening it out, and spreading it out on the sides of the pond, since it would be very costly to have it removed. Councilmember Thayer stated she has concerns, and a number of conservation groups have a problem with the pumping of the water out of the pond, and the use of herbicides in an area with so much wildlife. She recommended that this type of construction should have some sort of environmental evaluation before it goes forward and, in the future, before this type of project is undertaken, she would like to propose something be done by the Council. Mayor Boro stated there are two issues: Drainage from the pond, noting he under- stands from the City Attorney that this could result in inverse condemnation if the water were allowed to stand on the adjacent property. He stated the other issue is the spraying and digging, and whether any kind of environmental assessment should be done. Councilmember Breiner stated she would question the issue of pumping the pond totally dry, but that is because of the work to be done in the area. Mr. Bernardi explained that the Canalways property at present is pretty much the same as the pond bottom, and if we do not keep it dry it will flood into the Canalways property. Mr. Bernardi pointed out that in his report he brings up one option he will be pursuing, if they expanded the project and deepened the pond for a larger area, could that be considered as mitigation for Andersen Drive? He stated he could not think of any other place where we could have a better wetland. He stated the Andersen Drive project may be able to fund a greater improvement in this area and allow at least two acres to be continually wet. Mayor Boro asked for discussion on draining the adjacent property. Mr. Bernardi explained that this drainage pond was first created in 1974 under the East San Rafael Drainage Assessment District. At that time it was envisioned that all of the Canalways property would be filled all the way out to the levee, and there would be a 15 -acre hole with fill all around it. As it happened, only one side of the pond bank was built, so when the water goes into the pond area it spills out in that area, and according to the City Attorney's Office, we cannot use private property for impounding our water without compensating the property owner. He added that we have been put on notice by letter from the property owner to get our water off their SRCC MINUTES (Regular) 7/6/92 Page 4 SRCC MINUTES (Regular) 7/6/92 Page 5 land. Staff reviewed the letter with the City Attorney, and he indicated the City has responsibility to pump the water out. SRCC MINUTES (Regular) 7/6/92 Page k, V SRCC MINUTES (Regular) 7/6/92 Page Mayor Boro stated that if there is going to be public testimony, the matter will have to be moved to New Business, since there is a long agenda. Councilmember Thayer recommended holding the item over for a more lengthy discussion at the next meeting with information on the environmental and legal ramifications, and also on the use of herbicides. She noted it seems as though the work which has been done is quite extensive, and feels it should have some sort of environmental assessment. Mayor Boro recommended holding the item over to the next meeting as a discussion item with audience participation, and staff can address the questions raised. The Council agreed that the item should be held over to the July 20, 1992 meeting. Councilmember Cohen inquired if the dredging has been scheduled. Mr. Bernardi replied it has not, because they have to wait for the pond to dry, which will take at least three months. 6. EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - BAYWOOD TERRACE, TO JULY 3, 1993 (PW) - File 5-1-314 7 9" Al Councilmember Thayer noted that the Hillside Design Standards will apply if this project has to start all over again. She inquired if the extension of time would preclude use of the Hillside Design Standards. Planning Director Pendoley responded that this is an approved Final Map, so we have lost our authority on that issue. He added that with the Final Map the project has come to fruition. Mayor Boro explained if someone came in and revised the Final Map it would then come under the Hillside Design Standards. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution extending time for the subdivision improvements on Baywood Terrace Subdivision to July 3, 1993. RESOLUTION NO. 8698 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK, BAYWOOD TERRACE SUBDIVISION (12 Month Extension to and including July 3, 1993) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION SETTING FORTH HOURLY RATES FOR CODE ENFORCEMENT COST RECOVERY (PW) - File 13-8 x 10-3 x 10-6 x 9-3-32 x 9-3-40 Councilmember Breiner questioned wording in the first page of the Resolution, since it appears that they are adding indirect cost of 250 on top of the $47 per hour, which already includes the calculations for the 250 overhead. However, she found that it just applies to the outside consultants, and this could be clarified by a change in punctuation. City Manager Nicolai recommended that after the words, "if necessary", on the next - to -last line of the first, "Now Therefore Be It Resolved", paragraph, a comma be substituted for the semicolon after the word, "necessary", and the word "plus" be deleted. She stated she feels that would make the intent clear. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution, as revised. RESOLUTION NO. 8699 - DETERMINING COST BASED FEE SYSTEM FOR AFTER THE FACT FEES AND CODE ENFORCEMENT (as amended) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RECONVEYANCE OF DEED OF TRUST AND ACCEPTANCE OF SET-ASIDE LETTER - OAKWOOD UNIT 5 SUBDIVISION (PW) - File 5-1-244 Councilmember Thayer inquired why the City should accept a Set -Aside Letter in lieu of a Deed of Trust? SRCC MINUTES (Regular) 7/6/92 Page 7 SRCC MINUTES (Regular) 7/6/92 Page Public Works Director Bernardi responded that a Set -Aside Letter is actually a Letter of Credit. He added that the City Attorney's Office has reviewed it. Councilmember Thayer asked the City Attorney the reason for the transaction, and City Attorney Ragghianti responded he does not know the reason, but that it is acceptable, if the City Council wishes to accept it. Mr. Bernardi explained that the owner wants to get a loan, and with the City holding the Deed of Trust it is difficult to get the loan, and that is the reason for his request. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution. RESOLUTION NO. 8700 - AUTHORIZING EXECUTION OF RECONVEYANCE OF DEED OF TRUST AND EXECUTION AND ACCEPTANCE OF SET-ASIDE LETTER - OAKWOOD UNIT 5 SUBDIVISION AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. RESOLUTION AUTHORIZING EXPENDITURE OF $16,000 FROM FEDERAL DRUG ASSET SEIZURE FUNDS FOR YOUTH ENRICHMENT PROGRAMS AT BAHIA VISTA SCHOOL, AUGUST 1992 - MAY 1993 (Rec) - File 4-10-114 x 9-3-65 Councilmember Breiner stated she would like a breakdown of the use of the Drug Asset Seizure Fund monies. She recommended they have tight control, since some people have their assets seized and held unfairly, and she hopes that in Marin they will be scrupulous in not dispensing the monies too hastily. City Manager Nicolai explained that anything seized is not given to the City until it has been adjudicated, and we do not receive it until it is cleared. Mrs. Breiner stated she would hope that if our Police Department ever feels there is an over -zealous expenditure, they would be vocal. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution authorizing expenditure of the Drug Asset Seizure Funds as discussed. RESOLUTION NO. 8701 - AUTHORIZING EXPENDITURE OF $16,000 OF FEDERAL DRUG ASSET SEIZURE FUNDS FOR YOUTH ENRICHMENT PROGRAMS AT BAHIA VISTA SCHOOL AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. PUBLIC HEARING - TO CONSIDER A PROPOSED ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 12.40 OF THE MUNICIPAL CODE FOR THE CITY OF SAN RAFAEL SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM (PW) - File 13-11 x 13-1 x 9-3-40 x 1-6-1 x 4-3-235 Mayor Boro declared the Public Hearing opened. Public Works Director Bernardi briefed the Council, stating that pursuant to Council direction, he is presenting this proposed Ordinance as the second phase of the City of San Rafael's URM (Unreinforced Masonry) Building Rehabilitation Program. He explained that the Ordinance was prepared with the assistance of three structural engineers, an architect, members of the business community, the Chamber of Commerce, and some affected property owners. He stated that the primary purpose of the proposed Ordinance is to ensure that life safety is the primary goal of any rehabilitation, which means that while the building may be damaged beyond repair in an earthquake, the occupants will be able to exit the building safely. Mr. Bernardi explained that the Ordinance requires the following five points, in order to fulfill the purpose of the Ordinance: 1) That all parapets shall be braced. 2) Floors and roofs shall be anchored to their supporting walls. 3) Open store fronts shall be seismically braced. 4) Mortar joints shall be pointed. 5) Any special site-specific condition which could be determined to be an immediate SRCC MINUTES (Regular) 7/6/92 Page 7 SRCC MINUTES (Regular) 7/6/92 Page life safety issue by the Building Official or the designer shall be corrected. SRCC MINUTES (Regular) 7/6/92 Page Rl 9 SRCC MINUTES (Regular) 7/6/92 Page Mr. Bernardi stated the Committee felt that these provisions would allow occupants to exit buildings safely, yet not require such extensive repairs as to cause vacation of the structure during the repair process. Mr. Bernardi then reviewed the Building Classifications and Timing of Repair, which are included in the Ordinance. He explained the classifications, stating there are no Essential Buildings (Class I) within the scope of this Ordinance. There are 20 buildings in the High Risk Buildings (Class II) category, which have an occupant load of 100 or more. There are 11 Medium Risk Buildings (Class III), with an occupant load of 50 or more. In addition, there are 11 Low Risk Buildings (Class IV), with an occupant load of less than 50. Mr. Bernardi pointed out that there is a list of the subject buildings attached to the staff report. Mr. Bernardi next discussed the Timing Notification and ultimate construction for each building on the list, which is indicated. He gave an example, stating that a Class II building property owner has 2.5 years to rehabilitate the structure, while in a Class III or IV building, the property owners have up to 4 years to rehabilitate. He noted that the maximum time for compliance begins with the effective date of the Ordinance. Mr. Bernardi noted that one final consideration is the issue of financing, and that he previously reported to the Council that there is a funding mechanism available which is similar to an industrial bond issue. He stated that due to timing considerations with the consultant, staff has not been able to arrange a meeting with the property owners and consultant, but the meeting will take place prior to the effective date of the Ordinance, which is currently estimated to be August 20, 1992. He stated staff feels this will give the property owners sufficient time to make their financial arrangements prior to receiving their Order to Repair. He stated that every building on the list will be retrofitted in four years. Mayor Boro noted that the last sentence at the end of the second full paragraph states that the maximum time for compliance begins with the effective date of the Ordinance, which he assumes would make it four years from September 1. Mr. Bernardi stated that is correct. Mayor Boro then pointed out that the following paragraph mentions that the City will start the time clock running when an order is served on the property owner, and inquired if the time clock would be in some cases six months and in other cases, two years, depending upon the category under which the property falls. Mr. Bernardi stated that is a correct assumption. Mr. Bernardi stated he hopes to get the property owners together within the next three or four weeks to discuss the financing. He added that if it develops there is any hardship, he will bring the paperwork back to the Council. Councilmember Thayer referred to Paragraph d), Appeal from Order, on Page 6 of the proposed Ordinance. She noted it states that an Appeal shall be filed with the Board within 60 days from the service date of the order, and inquired if such action would extend the time limit. Mr. Bernardi replied that it will extend it. Mrs. Thayer pointed out that this is not spelled out in the Ordinance and probably should be. Mr. Bernardi explained that if you set a time limit, it is stayed pending a resolution of the appeal, so once the appeal is resolved the time limit is either imposed, or the appeal is granted. Mrs. Thayer then referred to Page 4 of the Ordinance, under d), which deals with deviations being made from these standards if, in the opinion of the Structural Engineer and the Building Official, compliance with the standards would result in extreme hardships and the deviations are not likely to result in damage from earthquake forces that would injure occupants or passersby. She inquired what criteria would be used in making such a determination? Mr. Bernardi referred to the preceding paragraphs in the Ordinance, and stated that any determinations would have to be in accordance with the standards of the referenced Uniform Code for Building Conservation, or other recognized standard acceptable to the Building Official. Councilmember Breiner inquired if there were to be a deviation made, would Mr. Bernardi report it to the Council? Mr. Bernardi responded that if it was strictly an engineering provision, just "nuts and bolts", would the Council want to see it? Mrs. Breiner stated the Council should be given a report. Mr. Bernardi referred to Page 7 of the Ordinance, Paragraph f), Program Status Reports to the City Council, which states that the Building Official shall submit an annual report to the City Council on the status of the program, with any problems which arise. SRCC MINUTES (Regular) 7/6/92 Page SRCC MINUTES (Regular) 7/6/92 Page 10 Mrs. Breiner then inquired about the timing on the various categories of the buildings with regard to their notification. Mr. Bernardi responded that for the next two years they will be sending notices out on a measured cadence, so they can handle it through existing staff. The Council then discussed the various categories of buildings, and Mayor Boro pointed out that the various categories tell you about the occupancy within the buildings. Councilmember Shippey stated that there must have been some date in the past, after which no unreinforced buildings were permitted, and asked if Mr. Bernardi could state when that was? Mr. Bernardi responded that not until about 1973 did that regulation commence, and since that time it has been an evolving process. He stated that the Uniform Building Code was once 20 pages, and the present UBC consists of about 800 pages. Mr. Shippey inquired if the bonding issue could be done through the Redevelopment Agency. Mr. Bernardi explained that the City would lend its credit rating to the bond issue, but would not be liable. The City would do that so the property owner could get a better interest rate. City Manager Nicolai added that they do not know the difference at this time between the Redevelopment Agency and the City credit ratings, but they will know in time for the procedure to begin. Councilmember Cohen stated he would like to see the City develop the tools regarding historical buildings to be preserved or, in some cases, there would be a better use of the land to tear a building down. He added the Council should make what they believe is the best decision in such cases, but it is not something which needs to be in the Ordinance. He stated he would like to see some thought given to it. Mayor Boro inquired, is that what staff implied when they said they would look at the buildings on a case-by-case basis? Mr. Bernardi replied in the affirmative, stating they will look at each building individually. Mr. Bernardi added that if the Council passes the Ordinance to print tonight, and the second reading is July 20th, it would not be effective until August 20th, and then there would be the six months. He stated the timing is right. Councilmember Cohen stated that the issue of the historical buildings should not be allowed to slip away. There should be a full range of tools available on incentives, so the Council can discuss them and make sure of what action they should take. Mrs. Breiner agreed, but stated she is concerned about a delay where demolition would be considered. She stated they need to consider the incentives which might come up through the Downtown Plan. She inquired of staff if the Downtown Plan Committee is specifically looking at this problem, or are they taking more of a generic approach? Planning Director Pendoley responded that the completion of the Visioning Phase will mean changes to the General Plan, which will be a public report, and that should be moving into place in January. Mrs. Breiner stated she is worried that that process will take longer to get through, and she is concerned about the property owners wanting to take advantage of interest rates. Mr. Bernardi stated that the Council could amend the Ordinance in that case, to allow more time to work out the details. Mayor Boro stated that the first consideration should be for the property owners, and the Downtown Committee needs to be sensitive to that. He stated the property owners may want to go ahead, and the City might want to have something else done on the property. Mr. Pendoley stated he would like the Council to be aware of the incentives, such as loaning up to 10%, and entering into a Development Agreement. There are also exemptions such as additional FARs (Floor Area Ratios) over and above the General Plan provisions, and also parking exemptions. He stated that they would have a significant impact, and could only be done in conformance with the General Plan Amendments recommended by the Downtown Plan. Mayor Boro stated we will have to do some parallel processing, and it will have to be done concurrently. He stated it is a question of establishing policy, but not as part of the Ordinance. Mrs. Breiner stated it is necessary to have a framework set up, to have it proceed SRCC MINUTES (Regular) 7/6/92 Page 10 11 properly. 11 SRCC MINUTES (Regular) 7/6/92 Page SRCC MINUTES (Regular) 7/6/92 Page 12 SRCC MINUTES (Regular) 7/6/92 Page Mr. Shippey inquired if those incentives are part of the Downtown Plan, and Mr. Pendoley replied they are. Mayor Boro noted that on Page 1 of the staff report it states that even though the building may be damaged beyond repair the people could exit safely. He stated we should also consider the people on the street. He stated this standard is not as stringent as the Los Angeles Ordinance, but is it sufficient to make the buildings safe? Mr. Bernardi responded that it is, and added that it is similar to the San Francisco Ordinance, with occupant safety in order to get the people out, and deal with the building later. Mayor Boro verified with Mr. Bernardi that most of this work can be done without vacating the premises. He inquired how staff came up with the four years? Mr. Bernardi replied they wanted to take care of classifications II and III with the high occupancy, and wanted to concentrate mostly on the category II buildings. He stated the four years was strictly arbitrary. Mayor Boro stated he would like a schedule of how many will be done within various periods of time, so that they will not all slip into the last four years. He stated he would like the Council to receive a progress report every two months. Mayor Boro then asked for comments from the public. Gimi Sessi, owner of downtown properties, stated that it is very difficult to get a loan at this time. He stated he hopes the bonding program goes through, and he has every intention of fixing up his buildings, and lining them up so they appear nice. John Westmoreland, representing the Church of the Redeemer, 121 Knight Drive, in Glenwood, referred to the bottom paragraph on Page 1 of the Ordinance, fourth line from the bottom, where the word, "to" should be "or". Staff agreed. He then stated the Church is a registered State Historic Monument, and asked if it would fall under Qualified Historical Buildings, on Page 2 of the Ordinance. Mr. Bernardi explained the Ordinance is superseded by the State, so if the Church has documentation to show that they fall into this category, staff will deal with the Church accordingly. There being no further public input, the Public Hearing was closed. Mrs. Thayer noted that on Page 2, Exception, Par. 1, the word "have" should be "having". Also, she feels that the time lines for appeals should be explained in the Ordinance. Mr. Bernardi asked if Mrs. Thayer's concern is that someone could extend their time because of an appeal. Mayor Boro stated he feels Mrs. Thayer's concern is that if an appeal is ongoing when the time runs out, that the building not be condemned. Mrs. Thayer said that is her concern. Mr. Bernardi stated they can have language in the Ordinance which will provide for that, to the effect that no action can be taken on the enforcement of this Ordinance until the appeal is resolved. Mayor Boro recommended that the wording be worked out with Mr. Ragghianti. Mr. Ragghianti suggested that the Wording state that "The filing of an admin- istrative appeal hereunder shall toll the time period specified in. whatever the Section of the Ordinance is specified. The title of the Ordinance was read: "ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING IN ITS ENTIRETY CHAPTER 12.40 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM" Councilmember Thayer moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1620 to print, as amended, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. PUBLIC HEARING - TO CONSIDER AN ORDINANCE OF THE CITY OF SAN RAFAEL MAKING ADDITIONS AND MODIFICATIONS TO CHAPTER 11.38, "ABANDONED VEHICLES" (PD) - File 13-9 x 9-3-30 Mayor Boro declared the Public Hearing opened. City Manager Nicolai explained that there was a bill passed a little over a year SRCC MINUTES (Regular) 7/6/92 Page 12 SRCC MINUTES (Regular) 7/6/92 Page 13 ago, allowing each County to add $1 on the vehicle registrations to help fund the abatement of abandoned vehicles. She stated the County has done that several months SRCC MINUTES (Regular) 7/6/92 Page 13 14 23. 14 SRCC MINUTES (Regular) 7/6/92 Page ago, and there was a Joint Powers Agreement recently to allow the City to initiate this activity. The issue tonight is to amend our procedures to be in compliance with the California Highway Patrol, who administers the program. She stated that the money collected from the vehicle registration will be redistributed back to the individual agencies on a per capita basis. For that reason, staff is recommending adopting the amendment to our Municipal Code. Mayor Boro asked Police Lieutenant Tom Boyd if this amendment is a clarification of procedures with the Highway Patrol, and Lt. Boyd replied in the affirmative. He noted the CHP administers the program for the State, as designated by the Vehicle Abatement Authority. Councilmember Shippey inquired if there is information available on the City's abandoned vehicle program. Ms. Nicolai stated this is the second week of the program, and they have ticketed 100 cars. Councilmember Breiner inquired what happens if most of those cars are towed and no one comes to collect them? Ms. Nicolai stated that the ticket may be more than some of the cars are worth, and the owners cannot afford to pay it. Mayor Boro asked that issue be held for the item later, and he recommended the discussion be held until then. Councilmember Cohen stated he noted this Nicolai replied that it does, and it is a abandoned vehicles towed. She stated the vehicles. Mayor Boro asked for public comments. includes vehicles on private property. Ms. problem for property owners to get City can take that over, and remove the Bill Smith of Gerstle Park asked if there was some way to take care of vehicles which are moved only two or three feet to avoid being ticketed? Lt. Boyd responded that problem comes up quite often. He stated that as far as the JPA is concerned, there is nothing the Police Department can do, but we are adding to the Municipal Code regulations regarding vehicles parked for sale. Joe Garbarino, owner of Marin Recycling and Recovery, stated that in the past he was able to advertise the fact that he could take abandoned vehicles. He said he has taken 700 cars in the past three years. He stated that if a car is driven in they will take care of it free of charge. There being no further public input, the Public Hearing was closed. Councilmember Shippey inquired is it not true that if a vehicle is moved only a few feet it cannot be ticketed? Lt. Boyd explained that the Police Department will mark it, and wait 72 hours. They will mark it again, and if it is not moved they will consider it abandoned. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING AND MODIFYING TITLE 11, CHAPTER 11.38 ABANDONED VEHICLES, BY AMENDING SECTIONS 11.38.010, 11.38.020, 11.38.050, 11.38.140 AND ADDING SECTIONS 11.38.160 AND 11.38.170 OF THE SAN RAFAEL MUNICIPAL CODE" Councilmember Shippey moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1621 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PRESENTATION OF REPORT FROM TASK FORCE ON WILDLAND URBAN INTERMIX THREAT ANALYSIS (FD) - File 13-5 x 9-3-31 Fire Chief Marcucci explained that following the disastrous Oakland Hills fire on October 20, 1991, the City Council formed a Special Task Force composed of representatives of Fire, Police, Public Works, Planning and the City Manager's Office to assess those factors which contributed to the Oakland Hills fire, and their relatedness to San Rafael. Chief Marcucci stated that the objective of the Task Force was to identify their respective fire severity which, in turn, would enable homeowners or neighborhood groups to take appropriate actions to lower their fire hazard severity rating. Chief Marcucci also stated they met with the Hillside Standards Residential Committee as directed by the City Council. SRCC MINUTES (Regular) 7/6/92 Page SRCC MINUTES (Regular) 7/6/92 Page 15 SRCC MINUTES (Regular) 7/6/92 Page 15 SRCC MINUTES (Regular) 7/6/92 Page 16 Chief Marcucci said that areas which bordered open space areas which were within or adjacent to the City Limits were considered as having a Wildland fire hazard potential, and were included in the study. He listed the areas considered in the analysis: Peacock Gap, Glenwood, Bayside Acres, Villa Real, Country Club, Dominican, San Rafael Hill, Bret Harte Ridge, Upper Toyon, Gerstle Park, Fairhills, Rafael Highlands, Los Ranchitos, Terra Linda, Channing Way and Santa Venetia. Chief Marcucci added that West End felt they should not be represented with the Gerstle Park area, and Chief Marcucci stated it was not the intent of the Task Force to cause a review of each individual neighborhood, but rather to view broad areas of Wildland fuels. He stated that individual neighborhoods could be analyzed using the risk assessment criteria. Mayor Boro noted that the staff report mentioned what the local government might do. He asked Chief Marcucci to come back with a specific report. Chief Marcucci stated he will, including a recommended Ordinance. Mayor Boro noted that the Task Force has taken action with the neighborhoods. He stated that perhaps through the Marin County Council of Mayors and Councilmembers we could put something together with other cities, except Novato, on response to fires. He noted that Novato is in another water district. Mayor Boro noted there is a wide range of types of pumps which can be used for pumping swimming pools, and perhaps the Task Force could inform the neighborhoods about them, with the City facilitating their purchase. Ms. Nicolai stated that (City Manager) Doug Dawson of Mill Valley has worked on the fire flow issue with MMWD on behalf of the Marin Managers' group. She commented that there used to be a separate rate that went into a fund, then all the Fire Chiefs would work on a list of the highest priority projects throughout Marin and instead of everybody competing for all that money, they did it in a coordinated way. MMWD eventually rolled that rate into their rate and quit putting the money aside. She noted it has been a challenge through the years to get the Water District to deal with fire flow. Councilmember Breiner inquired if the Task Force had anything to say about the Eucalyptus trees which are protected by the Hillside Design Standards, and do we have the tools to clean up areas with Eucalyptus bark and debris? Chief Marcucci replied that if we have an area which is a hazard we can notify the owner to abate the problem, and if it is not done the Council can be notified and the City will have it cleaned up and bill the owner. He stated it can be very costly. He noted that some homeowners are senior citizens on a fixed income. Also, if a person hires an attorney in the middle of the process the delay can be protracted. Mayor Boro inquired if Chief Marcucci has the Berkeley Ordinance on fire prevention, and he replied he is getting it. Mayor Boro inquired about the Eucalyptus hazard, and Chief Marcucci stated he also includes Monterey Pines. He added they can cut Eucalyptus to 6 or 8 feet, and reduce the risk, but the cost to remove a whole tree is unrealistic. He stated they are also encouraging people to remove their wood shake roofs, a little at a time if necessary; also to pull vegetation out from under trees. He stated they burn very rapidly if there has not been fuel management. Councilmember Breiner questioned the replacement of removed trees at a ratio of 3:1, with California Oaks and Redwoods. Mr. Pendoley stated the General Plan talks about significant standards on trees which should be protected. He said that came from CEQA (California Environmental Quality Act) regulations. Mayor Boro asked that Mr. Pendoley study the issue with regard to the General Plan, on how to manage trees regarding fire. Councilmember Shippey stated an important point is the water supply, and inquired if there is any realistic control over water. Chief Marcucci said we have no control. He stated we can require a hydrant and service to a home. If a new water tank goes in we can require it be screened, but we have no control over other regulations. Councilmember Cohen inquired if the Class A fire retardent roofs are recommended for everywhere? Chief Marcucci answered affirmatively, and before they implement the Ordinance he intends to discuss that aspect with the Marin Builders' Exchange. Councilmember Cohen inquired about other cities participating in a cooperative effort, and Chief Marcucci said only Mill Valley has. The other cities have not gone into the issue in detail. SRCC MINUTES (Regular) 7/6/92 Page 16 17 SRCC MINUTES (Regular) 7/6/92 Page Councilmember Cohen inquired if we need to look at discouraging new second units as a means of control? Chief Marcucci responded they consider, regarding a Wildland Fire, that each neighborhood has specific concerns. Those concerns are not second units or parking areas. He added that second units are not a decision for the Task Force. He stated that the streets being widened are the responsibility of the Planning Commission and City Council. He stated the Hillside Design Standards addressed all their issues with regard to new construction. Councilmember Thayer commended Chief Marcucci on his report, and the members of the Task Force. She stated one of the biggest things is the problem of the lack of commitment of the Water District (MMWD), and she would like to have the MCCMC help the cities in getting action from them. Tom Obletz from the Federation of San Rafael Neighborhoods, and the North San Rafael Coalition of Residents, read a letter stating he hopes the Task Force continues their excellent work. He reviewed the areas he feels would be most affected, Fairhills, Dominican and Loch Lomond. He urged the idea of small, gas -operated pumps for draining swimming pools. Harry Winters of West End Neighborhood Association (WENA) recommended that the City not expect the neighborhoods to develop their own plans. He stated some areas have very strong neighborhood associations while others do not have any. He stated they need help from the City, and the Fire Department can help in identifying the egress and ingress routes. He stated the neighborhoods can have a list of the people in their area who are house -ridden or deaf. Mayor Boro stated the City does not intend to provide escape routes, and will look to the associations as to what they can do for their areas. He added that if we adopt this report all of the roles will be played out. Bill Smith, Vice President of Gerstle Park Neighborhood Association (GPNA), stated this was an excellent report. He reported that GPNA has had a program of fire protection and mitigation for some time, and includes the surrounding area. He said they have had support of the Boy Scouts and Native Plant Society, as well as Public Works, in removing the broom and undergrowth in their open space, but with minor repairs to their access road they could have removed the debris and not have had to stack it. He said their hillsides are very steep. He volunteered to be on any citizens' committee which might be formed. Mary Ellen Irwin of Fairhills urged that new people be informed of the requirements of the Hillside Design Standards. She also expressed her concern of the fire flow, since MMWD does not believe that is their responsibility. She stated that her Homeowners' Association could help other homeowners' groups get started, if there are any who need assistance. She expressed concern about the new growth growing back on San Rafael Hill since the last fire, and noted many people camp there at night. She asked that perhaps some of the funds received for employment for youth could be used to clear the hill of the dried material. Mayor Boro stated he would like to accept the report and ask Chief Marcucci to contact the neighborhoods, as discussed. He stated that the MCCMC Chair and Vice - Chair meet monthly with the Water District Board and he will speak with them about pursuing the water issue. He asked that Mr. Bernardi pursue the requests for cleanup of dried brush and debris. The subject of water tanks was discussed. Chief Marcucci stated the Fire Department has a list of every pool in San Rafael, and he will contact the neighborhoods about the pumps. Councilmember Breiner moved and Councilmember Shippey seconded, to accept the report and request that an update be furnished within a few months. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen stated he would like a response from Public Works regarding the request from GPNA for assistance. 24. RESOLUTION ACCEPTING NORTHGATE TRAFFIC MODEL UPDATE (PW) - File 4-3-163 x 11-1 x 11-13 x 10-2 x 9-3-40 Public Works Director Bernardi briefed the Council on the update of the Northgate SRCC MINUTES (Regular) 7/6/92 Page 17 SRCC MINUTES (Regular) 7/6/92 Page �? area traffic model. He stated that Wilbur Smith Associates (WSA), who had prepared the original Northgate Traffic Model, also prepared the update. SRCC MINUTES (Regular) 7/6/92 Page RV 19 SRCC MINUTES (Regular) 7/6/92 Page Matt Ridgeway of WSA gave the Council a brief overview of the results of the survey, stating that the LOS (Level of Service) standards would be maintained with the planned roadway improvements. He stated the three intersection refinements which are restriping and additional widening needed to improve capacity are at: 1) Smith Ranch/Redwood Highway; 2) Smith Ranch/101 Northbound ramps; and 3) North San Pedro/101 ramps. He stated that there will be improvements to the Freitas Northbound Offramp/ Redwood Parkway/Civic Center Drive intersection as part of the Merrydale Overcrossing project. Councilmember Breiner inquired if they were keeping the County projects in the study, and Principal Planner Jean Hasser said all of the County projects which were identified in the General Plan are considered. Councilmember Shippey inquired about the PM peak trips figure which was disputed by the North San Rafael Coalition of Residents. Mr. Bernardi replied they said it was failing right now, and it is not. Mr. Ridgeway stated their report addresses peak hours, and there was no problem. Mrs. Hasser noted this is a General Plan Update, and it focuses on peak hours. She added they can consider doing AM and PM surveys later. Mr. Bernardi added that the Merrydale Overcrossing will help the situation because traffic will re -distribute itself. The Council discussed routes people will be likely to take as a result of the Merrydale Overcrossing. Mr. Bernardi noted that the shopping center adjacent to Merrydale is being redeveloped and they are moving their driveway far enough away from the intersection with Las Gallinas so people can make a left turn out of the shopping center and go onto Merrydale. He noted that area will be signalized. Councilmember Breiner moved and Mayor Boro seconded, to adopt the Resolution accepting the Traffic Model Update. RESOLUTION NO. 8702 - ACCEPTING THE NORTHGATE ASSIGN MODEL UPDATE AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: None 25. DISCUSSION ON PROPOSED COUNTYWIDE JPA RE AB939 - SOURCE RECYCLING SOLID WASTE MANAGEMENT PROGRAM ELEMENT, HOUSEHOLD HAZARDOUS WASTE ELEMENT AND COMPOSTING ELEMENT (Fin) - 13-2 x 115 Mayor Boro stated that when the Council discussed this previously, they thought the County would have taken action by this time but they have not yet. Finance Director Coleman reported that he is not asking the Council to approve the JPA (Joint Powers Agreement), but to give a report on the status of the JPA. He stated that the reason for the JPA and the way it is moving along is not clear. He stated some people are pro -active in recycling, and feel that more could be accomplished with the JPA. He said some would like to regulate the dump sites and see the JPA as doing that. He stated that San Rafael has had concerns about the JPA for some time. He stated that the County will listen to any comments from San Rafael, and he does not expect this to come back to the Council before September or October for approval. Councilmember Thayer stated that already the rate payer is paying an extra tipping charge to the landfill and this is the money which was utilized in the past to finance the element we have already considered. She stated that unfortunately, with regard to the JPA, it is a distinct advantage to small cities which have not done much in the way of diverting waste from the landfill. She stated she does not know how this will help San Rafael. She stated we have the recovery center, and are already at 25% rate, which is required by 1995. She is concerned that we might be doubly charged, and noted that no credit has been given to San Rafael for what already has been done. Mrs. Thayer stated that in signing off on the JPA we could not be assured of an equitable allocation, and the details would be worked out later. She stated the rate payer would suffer. She stated there is also the question of where the money will go. She noted San Rafael has only one vote, within the various jurisdictions, and there is a board consisting of members of the Committee and a seven -member Executive Committee. She stated we have to think about signing the JPA, because it will drive up costs at the landfill, and the costs of Waste Management of the County will be transferred to the JPA. SRCC MINUTES (Regular) 7/6/92 Page 19 20 SRCC MINUTES (Regular) 7/6/92 Page Mayor Boro noted that Mr. Coleman had spoken of an amended JPA instead of joining this one. He stated he is concerned about one vote out of 23, for San Rafael, and also about the $1.7 million budget when the County is cutting everything they can. He added that we are being asked to join this, and work it out later, but we should know what the budget is going to be up front, and who the Treasurer is going to be, and what Agency will be in charge. He stated it could lead to considerable strife, and he would like answers before the Council votes on it. Councilmember Thayer stated they should consider whether they should enter the JPA, and why should the rate -payers be responsible for tipping fees, and how will it affect our jurisdiction. Mr. Coleman stated that if San Rafael joined we could not get out unless we had a 60 -day written notice and the ongoing costs would still be a responsibility of San Rafael. He stated that at the bare minimum, until we get the issues resolved, we might end up by having to pay some fees. Mr. Coleman discussed the organization, stating that all 23 members would sit down as a group and discuss the allocations, and the Task Force working on it wants to get to that level of detail. He stated the allocation is the major item for people. He stated we will be asked to join, without the details being resolved, and we would have to have some way of getting out of it. Mayor Boro noted that usually the sub -committee will work out the details. Ms. Nicolai stated that the sub -committee is not really an AB939 Task Force, and that there might be a five -member advisory board instead of the 23 which have been mentioned. Mr. Coleman suggested that before any financial obligation is incurred we should know the scope of the services and what the cost will be. He stated their first thing was to hire an Executive Director, without a plan. He stated it is completely bizarre to create a group when you do not have a charge for the group. Councilmember Breiner recommended asking the City Attorney for a foolproof "escape clause". She stated she is concerned about enforcement. Ms. Nicolai stated there are bills to amend AB939, and there are bills about not having any mandated programs which are not funded, and she is keeping track of their progress. Mayor Boro inquired about a mini JPA, with the City going on its own and complying with AB939. He asked if we still would have to pay the tipping fee to the County? Mr. Coleman replied that it is not known at this time what would happen to the tipping fees. He stated that San Rafael is responsible for AB939 requirements. He stated that Las Gallinas Valley Sanitary District has the same concerns we do. Councilmember Cohen stated we need to request a decision from our City Attorney about enforcing fees without representation. He stated he is not so concerned about an escape clause, but he cannot see voting for an after -the -fact bureaucracy. He added they are putting the cart before the horse, and it is another way to get money out of people without putting it to a vote. He stated this is a State mandate without funding and will have an effect on City services. He stated he cannot see going forward with this, and would like to hear more about the benefits later. He stated the primary question is whether we can be forced to pay for this. Mayor Boro stated we have an obligation to comply with AB939, but can we do it as a City on our own? He said we want to continue the dialogue. Joe Garbarino, owner of Marin Recycling and Recovery, stated he has fought this proposal from the beginning, and he feels the Council is too smart to get involved in it. He stated his business is the leading recycling entity in the United States and next year every citizen in San Rafael will have a green can for garden waste. He offered to speak with the Fire Department about putting green bins in the worst fire areas. He stated he has an excellent program going, and we do not need anything like this. Mayor Boro asked that Councilmember Thayer and Mr. Coleman report back in the next month or two. 26. RESOLUTION AMENDING CURRENT PURCHASING REQUIREMENTS (Fin) - File 9-3-12 x 9-3-20 Finance Director Coleman reported that they have had a Purchasing Committee working on the purchasing procedures. He stated that in April, 1955, Resolution No. 1567 was adopted and was the last Resolution on Purchasing. He is recommending some SRCC MINUTES (Regular) 7/6/92 Page 20 SRCC MINUTES (Regular) 7/6/92 Page 21 minor modifications, and possibly they will come back with a Charter Amendment. SRCC MINUTES (Regular) 7/6/92 Page 21 22 SRCC MINUTES (Regular) 7/6/92 Page Councilmember Shippey stated he is not ruling out the possibility of a Charter Amendment, but hopes it can be worded so that we will not have to come back with another Charter Amendment in 20 years. Mr. Coleman stated they can change the procedures by Ordinance rather than election, but if we do it now an election would cost $27,000. Ms. Nicolai added that the County is saying that just adding one item on an existing election would cost $27,000. Mayor Boro stated he will sign a letter to the Board of Supervisors complaining about the high cost, and see what can be done. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution establishing a Purchasing Division under the control of the City Manager. RESOLUTION NO. 8703 - AMENDING RESOLUTION NO. 1567 AND IMPLEMENTING THE PROVISIONS OF SUBDIVISION (1) OF SECTION 2 AND SECTIONS 5 AND 6 OF CHARTER ORDINANCE NUMBER 423 BY ESTABLISHING A PURCHASING DIVISION UNDER THE CONTROL AND DIRECTION OF THE CITY MANAGER AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. CITY COUNCIL REPORTS None. There being no further business, the meeting adjourned at 11:10 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/6/92 Page 22