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HomeMy WebLinkAboutCC Minutes 1994-02-22SRCC MINUTES (Regular) 2/22/94 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 22, 1994, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 94-5(b) - #2 Not discussed. No. 94-5(c) - #7 No reportable action was taken. No. 94-5(d) - #1 - Robert W. Copple, et al. vs. City of San Rafael, et al. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 22, 1994, AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Councilmember Joan Thayer, Councilmember David Zappetini, Councilmember Absent: Paul M. Cohen Others Present: Pamela J. Nicolai, City Manager Gus Guinan, Deputy City Attorney Jeanne M. Leoncini, City Clerk The City Council welcomed Boy Scout Troop No. 38 from St. Luke's Presbyterian Church, who presented the colors, led by Patrol Leader Thomas Woods. ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: ZONING AT 157 WOODLAND AVENUE - File 3-2-77 X 10-3 Dennie Dyer, Member, Board of Directors of the Bret Harte Community Association, read a letter to the Council dated February 19, 1994, signed by Bruce Scott, which expressed concern about the development of the property at 157 Woodland Avenue, owned by Robert Copple. The letter further stated they understand the City wants to settle Mr. Copple's lawsuit in the simplest manner, but they believe there should be a public hearing before Planning decisions are made regarding zoning and density. Deborah Paolino, Member, Board of Directors of the Bret Harte Community Association, emphasized the reason a public hearing and EIR are more important now than they were originally when this project was begun, is because there are many additional projects which will bring traffic into the area. There is also a very steep entry and exit, making visibility an issue. Mayor Boro stated this matter has been discussed with the City Attorney. The Court has directed that the hillside density be set aside, and the City has begun negotiations with the plaintiff, but no decision has been reached at this time. He noted that the City does have the right and the obligation to attempt to resolve this settlement at City Council level and noted once a decision has been reached, it will be made public and then the appropriate hearings will be held before the Planning Commission and City Council. RE: CALIFORNIA ARBOR DAY - File 109 x 11-6 Sandra Sellinger, Marin Releaf, an advocate for Marin's trees, stated that one of the projects they have completed is planting acorns along the Highway 101/Marinwood/St. Vincent interchange. Ms. Sellinger stated that since this is such an important project, they received a grant from Bank of America to put it on video. They are also involved in the living Christmas tree exchange project which benefits all of the schools in Marin County. They are working with the County on its General Plan for its tree ordinance. She explained that Marin Releaf belongs to a Statewide Releaf network, and each group is going to their local City Council to present to them a bag containing pruning sheers and information regarding pruning, and at the same time they are encouraging pruning. They recognize that by not pruning the trees, they become a hazard and a liability and will then have to be removed. They also realize that due to budget constraints, the City can no longer afford to purchase trees; therefore, they want to extend the life of existing trees as long as possible. She stressed that trees are our heritage and our children's legacy. If not pruned, they will fall during storms. San Rafael has trained employees on SRCC MINUTES (Regular) 2/22/94 Page 1 SRCC MINUTES (Regular) 2/22/94 Page 2 the proper pruning and Marin Releaf recommends the trained personnel be kept and the trees be pruned. Mayor Boro stated Councilmember Heller will attend the tree planting ceremony on March 3rd, at Peacock Gap Park, celebrating Arbor Day. RE: COMPLAINTS - File 100 Irving Litchfield, resident of San Rafael, acknowledged receipt of a letter from the City Manager addressing his previous complaints. He stated all of the answers were incorrect. Mayor Boro told Mr. Litchfield that if he was not happy with the answers he received, he could have his attorney contact the City. Mr. Litchfield stated that the letter for the use permit for the Bermuda Palms should have been sent to his attorney. He asked for another letter explaining where the money came from for the bus shelters. He commended Mayor Boro for his service to the community since 1970 as a member of the Planning Commission, and as Mayor. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Zappetini seconded, to approve the recom- mended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. December 6, 1993, and Special Meetings of February 7 and 10, 1994 (CC) 4. Resolution Authorizing the Destruction of RESOLUTION NO. 9101 - AUTHORIZING Certain Police Documents (PD) - File 9-13 THE DESTRUCTION OF CERTAIN POLICE x 9-3-30 DEPARTMENT DOCUMENTS (Complaints against Police personnel) 7. Resolution of Appreciation for Peacock Garden RESOLUTION NO. 9102 - APPRECIATION Club - Arbor Day 1994 - File 102 x 109 x 105 FOR PEACOCK GARDEN CLUB - ARBOR DAY 1994 (for $200 contribution and tree planting at Peacock Gap Park on 3/4/94) 8. SECOND READING AND FINAL ADOPTION - ORDINANCE Approved final adoption of Ordinance NO. 1659 - AN ORDINANCE OF THE CITY OF SAN No. 1659. RAFAEL, CALIFORNIA ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE TERRA LINDA AREA (RE: Z91-6 1 Trinity Way - A 62 -Unit Affordable Senior Housing Project, AP 175-181-26) (St. Isabella's Senior Housing Project) (P1) - File 10-6 x 10-3 x 10-5 x 10-7 9. Appointment of Replacement to Downtown Advisor Approved staff recommendation, Group (P1) - File 9-2-46 x 10-2 appointing Carolyn Camp to Downtown Advisor Group charged with making General Plan and Zoning Ordinance amendments. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for discussion: 3.REPORT ON BID OPENING - POLICE COMPUTER SERVICE CONTRACT (PD) - File 4-1-467 x 9-3-30 Councilmember Thayer asked why we could not continue the month-to-month contract with the current vendor since they seem to be considerably less than a new contract. Lieutenant Gene Pennington, San Rafael Police Department, noted the new process that requires dollar amounts above $5,000 to go out for bids. Mayor Boro pointed out that the current company could have participated in the bid process. Councilmember Zappetini asked if the current contractor submitted a bid. Lieutenant Pennington said they did not, and when he asked why, he was told they were busy and forgot about it. However, they did agree to continue with the month-to-month contract until the process is renewed. SRCC MINUTES (Regular) 2/22/94 Page 2 SRCC MINUTES (Regular) 2/22/94 Page 3 Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt the Resolution rejecting all bids for the police computer service contract. RESOLUTION NO. 9103 - REJECTING ALL BIDS FOR POLICE COMPUTER SERVICE CONTRACT. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen S.REPORT ON BID OPENING AND AWARD OF CONTRACT - SAN RAFAEL POLICE WOMEN'S LOCKER ROOM EXPANSION (PW) - File 4-1-465 x 9-3-30 Councilmember Zappetini stated he was surprised there had been no bids from San Rafael companies, and asked for an explanation of the $15,000 to be appropriated from Police salary savings. City Manager Nicolai stated there are current vacancies in the Police Department, and over the course of a year when those positions are not filled, it creates some savings in the Department. Ms. Nicolai explained that the bid came in higher than what had been expected, along with architectural fees and contingencies; therefore, money from the salary account will be transferred to cover the cost of the bid. Mr. Zappetini asked if the improvement of the women's locker room is something required by the State or is it being done to accommodate the number of women on the Force. Ms. Nicolai answered that we have not been mandated to do the expansion, but if it is not done, we could be liable for legal action. Public Works Director Bernardi stated this project was advertised in the newspaper as required and a number of San Rafael contractors were contacted, but they were too busy to bid the job. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the Resolu- tion. RESOLUTION NO. 9104 - RESOLUTION OF AWARD OF CONTRACT - SAN RAFAEL POLICE DEPARTMENT WOMEN'S LOCKER ROOM EXPANSION (to Tom Redmond Construction, lowest responsible bidder, in amount of $23,500) AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 6.RESOLUTION APPROVING EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - MARIN LAGOON (PW) - File 5-1-313 Councilmember Heller requested to be notified when the company finishes the toddler play area because it is very important that it be completed within the year, and Mayor Boro agreed. Councilmember Heller moved and Councilmember Thayer seconded, to adopt the Resolution extending the time for completion of improvement work at Marin Lagoon Subdivision. RESOLUTION NO. 9105 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK - MARIN LAGOON SUBDIVISION (extended to and including June 30, 1995) AYES: COUNCILMEMBERS: Heller, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen ABSTAINED: COUNCILMEMBERS: Zappetini (due to conflict of interest) 10.MONTHLY INVESTMENT REPORT: (Fin) 8-14 x 8-9 x 8-18 a. INVESTMENT POLICY b. MONTHLY INVESTMENT REPORT - File 8-18 x 8-9 Councilmember Zappetini asked if we have looked at any investment alternatives, such as mutual funds, in order to capitalize on the best interest rates today, or if we are precluded by regulation from certain investments. Finance Director Coleman answered that the State has very limited guidelines dealing with where we can invest. He also noted that our money is in the State pool so we are getting the same interest rate the State is getting on their funds. Mr. Coleman indicated we are moving toward other types of investments that should increase the rate of return, but pointed out that we cannot get into any investment where the principal amount would be at risk, so we are limited to fixed rate investments. SRCC MINUTES (Regular) 2/22/94 Page 3 SRCC MINUTES (Regular) 2/22/94 Page 4 Councilmember Zappetini moved and Councilmember Thayer seconded, adopt Investment Policy and accept the Monthly Investment Report. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATION: ll.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATE OF COMPLIANCE TO ZETTA THEISEN, PROPERTY OWNER OF 162/172 BELVEDERE STREET (Pl) - File 10-2 x 9-3-17 x 13-1 Mayor Boro explained that in 1992, the City Council started a 4 -point program in the Canal area, noting one of the components had to do with the code enforcement inspec-tion program to bring apartment buildings under compliance with building, zoning and health and safety codes. The Code Enforcement Officer has inspected units, and as they have come into compliance, the Council has recognized the property owners publicly. Mayor Boro awarded the Certificate of Area Inspection Program to Fred Usher and Zetta Theisen, owners of 162/172 Belvedere Street, and thanked them for their cooperation with the City. COUNCIL CONSIDERATION OLD BUSINESS 12.APPEAL OF PUBLIC WORKS DEPARTMENT ISSUANCE OF AN ENCROACHMENT PERMIT AT 49 HARBOR STREET (PW) - File 2-11 x 9-3-40 Mayor Boro announced that attorney for the applicant, Albert Bianchi, has asked to have this item carried over for two weeks. Councilmember Thayer moved and Councilmember Zappetini seconded, to carry this item forward to the meeting of March 7, 1994. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen NEW BUSINESS CITY COUNCIL REPORTS: 13.DISCUSSION OF REQUEST RESTRICTING LEAF BLOWER USAGE (CM) - File 13-1 x 13-9 City Manager Nicolai reported on a request received for Council consideration relating to the banning of leaf blowers. Ms. Nicolai noted most communities that have leaf blower bans are in more affluent residential areas, and stated she believes a ban on leaf blowers would be more difficult for San Rafael because we have more of a diverse community with more commercial area. Ms. Nicolai stated the main objectives of such an ordinance relate to excessive noise and pollutant problems. She stated there are other pieces of equipment that create an equal amount of noise, noting gas powered leaf blowers create the same kind of airborne problems as electric. She also indicated this would be an incredibly difficult ordinance to enforce. Councilmember Zappetini asked if the City currently has an ordinance regarding a decibel level. Ms. Nicolai answered that there are noise regulations and time limitations; however, Police Officers do not have decibel meters. It is more a matter of courtesy between neighbors. Sandra Lollini, thanked the Council for discussing this item and stated they are not just looking at the noise level since there is already a noise ordinance. She noted if there was a ban on all leaf blowers, there would not be need for enforcement. Ms. Lollini stated leaf blowers cause health problems, especially to the elderly and those who have respiratory problems. She felt that even though San Rafael does not have the same economic status as other communities with a leaf blower ban, we are still due the same rights as the other communities. Ms. Lollini suggested that, even though she would prefer a ban on all leaf blowers, she would like the Council to work with them to come up with an ordinance and then hold a public hearing. She indicated there are a lot of laborers on the streets that could be employed to rake and remove leaves. Herbert Freudman, stated they have taken surveys regarding leaf blowers, and the overwhelming majority of the people want to see a leaf blower ban. He noted that SRCC MINUTES (Regular) 2/22/94 Page 4 SRCC MINUTES (Regular) 2/22/94 Page 5 even though they would prefer a total ban on all leaf blowers, he was told by Mayor Boro that the City has a big investment in leaf blowers and a tight budget; there- fore, they do not want to impose additional financial burden on the City or its parks, schools, sports clubs, etc. at this time. Mr. Freudman discussed the issue of enforcement, pointing out that there are not Police Officers in every restaurant to enforce the no -smoking ban and felt most people are law-abiding and would honor the leaf blower ban. He agreed that the Police Department has other priorities. He noted Larchmont, New York, which has had a leaf blower ban for eight years, has only issued two citations during that time. Aside from noise, leaf blowers are harmful because of the dust they blow, causing great discomfort to asthmatics and people with respiratory problems. Therefore, they would prefer to see a total ban on all leaf blowers but do not think this is the most practical approach at this time. As a compromise, they are asking for gas powered leaf blowers to be banned in residential areas. Hugo Landecker, agreed that leaf blowers should be banned in residential areas because of the noise and the airborne particles blown. Gunther Weinman, stated he is fed up with leaf blowers and said they are insulting and assaulting, noting he works at home and has to listen to the noise and is allergic to the dust they create. He urged the Council to consider this request very carefully. He stated he found the staff report disgusting and full of lame excuses. City Manager Nicolai stated her report was based on what was submitted to the Council in writing, and as written, an ordinance would be nearly unenforceable. She stated an outright ban of all leaf blowers would be much simpler than having only certain equipment and certain locations banned. Mayor Boro stated he never commented to Mr. Freudman about the City's investment in leaf blowers because he has no idea what it is. Councilmember Zappetini agreed that leaf blowers present a problem for people with respiratory problems; however, he suggested working with the neighbors and explaining the problem to find alternatives. Ms. Lollini stated that the Gerstle Park Neighbor- hood Association tried that, but it has not worked because people feel they have a right to use whatever equipment they want. Councilmember Thayer admitted she is neutral on the subject and not against a leaf blower ordinance, but she agreed that a ban would be difficult to enforce and stated in most cases working it out with a neighbor would be the best idea. She stated there are a lot of pieces of equipment as noisy or noisier than leaf blowers. Ms. Thayer proposed that Council look at similar ordinances in other cities. Councilmember Heller stated that the material presented to Council on this matter is not fair, but rather it is punitive to both the neighbor and the person who is trying to make a living as a gardener. She believes this is a noise issue, and leaf blowers should not be singled out since there are so many instruments that cause noise. Mayor Boro reiterated that to his knowledge he has never talked about the City's investment in equipment. He stated his problem with a proposed ordinance is the issue of enforcement. He would like the Gerstle Park Neighborhood Association to push for a voluntary leaf blower ban and see what the reaction is rather than have the City become "Big Brother", with government intruding into private lives. He agreed with Councilmember Zappetini that neighbors should talk with neighbors and indicated the City supports the County Mediation Services. Mayor Boro suggested that a Homeowners Group such as Gerstle Park start a campaign and see how the neighbors react, then bring it back to Council after the summer and report on the results. Mr. Freudman stated he has tried this in the Terra Linda area, and the neighborhood approach was totally unsuccessful because no one would voluntarily cooperate with a ban. Mayor Boro suggested they meet with the North San Rafael Coalition of Home- owners, which is a very active group that takes on major issues within the community. If they are not willing to pursue this issue, Mayor Boro noted it would probably indicate they do not think it is a priority issue. He asked why would Council want to force the City to legislate something when the majority of the people do not have the interest. Mayor Boro stated he does not think there is acceptance in the community to ban leaf blowers. Betty Freudman stated she and her husband moved here less than three years ago, and her husband looks upon the banning of leaf blowers as his personal gift to the community. She stated that when they moved from their previous area, one of the nicest things to say goodbye to was the leaf blowers because a person could not stay outside and relax or listen to music because of the noise. Mrs. Freudman said the Council is asking the impossible; the only way to regulate leaf blowers is through law SRCC MINUTES (Regular) 2/22/94 Page 5 SRCC MINUTES (Regular) 2/22/94 Page 6 enforcement. 14.RESOLUTION AUTHORIZING ESTABLISHMENT OF DRUG-FREE ZONE (CM) - File 13-15 x 13-1 x 9-3-30 Assistant City Attorney Golt explained the proposed drug-free zone program, noting the City, in conjunction with the community, has done a number of things to try to insure that facilities and programs used by school aged youth are safe, healthy and drug free. She explained that existing State and Federal law accommodates establish-ing drug-free zones within 1000 feet of public and private schools, youth centers, swimming pools and public parks. The proposal tonight enlists the participation of the community to make sure the program is as effective as possible. It will educate the community on what a drug-free zone is and what they can do to participate in it; how they can work in conjunction with the Police Department, etc. She noted Corporal Jeff Franzini, San Rafael Police Department, has been very instrumental in the drug free zone program and has met with a number of San Rafael service providers, home owner associations, representatives of local schools, etc. who have all greeted the proposal very enthusiastically. Ms. Golt stated If Council adopts the drug-free zone Resolution, the Police Department would then write to all neighborhood organizations and watch groups to inform them of the Council's action and make further presenta- tions which would serve as the first step in educating the public. She noted another component would be to install drug-free zone signs. Corporal Franzini gave the Council a presentation similar to what he presents to local organizations. He stated there is an increase in drug use among kids, and explained the State and Federal governments passed laws to try to deal with the issue of drugs being sold to youth. They established certain enhancements for people selling drugs to youth, but it is for certain areas and does not apply to the whole City. Corporal Franzini explained the intent was not to add to existing laws, but to add additional penalties which would vary depending upon location and the type of drug used. The additional penalty is from 1-7 years. He stated there are certain restrictions, such as it has to be someone 18 or older selling to someone under 18 and only in certain locations where kids congregate. The areas include all churches and synagogues, schools, parks, playgrounds, youth centers and video arcades. Corporal Franzini stated he met with the District Attorney's office and received a verbal commitment from them that for anyone who is arrested within these statutes, and is convicted, the enhancements will be added. He noted that all of the Police Officers and clerical staff have been educated regarding the drug-free zone laws. To educate the community, they are using some literature that is already available through other programs, and it will be available in English, Spanish and Vietnamese. They also came up with a pamphlet speaking to adults. Corporal Franzini described the plan for educating the community, which has been broken down into adults and youth. Juvenile Officer John Childress, who currently has a drug and gang program, will incorporate the drug-free zone program into his presentations that he gives. They will also be contacting public service agencies such as the YMCA, Boy Scouts, ministry groups, homeowners organizations, etc. and offer to have someone come to talk with their groups. He noted it is important that this be looked at, not as an enforcement issue as much as an educational issue because it is doomed for failure without educating the public first. Corporal Franzini stated the signs are not a requirement; however, they wanted to come up with one that would be recognized by a majority of the people and would fit in with the community. They decided to modify the current Neighborhood Crime Watch sign and the new one will read "Neighborhood Crime Watch, Drug -Free Zone, Any Drug Convictions in this Area Can Result in Additional Years in Prison". The signs are being made in the three languages as well. The cost of the signs is $18-20. Corporal Franzini explained the purpose of the Resolution is an endorsement by the City Council for this program. Councilmember Thayer asked if there has been any feedback or success from other areas in those communities which have already adopted this program? Corporal Franzini answered it has had a positive effect, and much greater success rate where people have been educated. He noted areas that have the Neighborhood Crime Watch Programs have had a dramatic decrease in crime (40-60%), but he does not have any statistics for the Drug -Free Zones. Ms. Thayer asked why school bus stops were not included. Corporal Franzini stated the law is being updated to include both school bus stops and day care centers. Ms. Thayer stated it is an excellent program and she supports it. Councilmember Zappetini asked if this at all affects the needle exchange program. Corporal Franzini answered it did not, it deals only with drugs - cocaine, heroin, LSD, amphetamines, the hardcore drugs and on facility grounds or 1000 feet from schools. Mr. Zappetini asked approximately how much this program will cost. Corporal SRCC MINUTES (Regular) 2/22/94 Page 6 SRCC MINUTES (Regular) 2/22/94 Page 7 Franzini stated they have left it open to the communities if they want signs posted, but based on the number of City parks and community centers, he would estimate a one- time expense of approximately $1200 and then replacing the signs every 6-10 years. Dr. Jeff Blackwell, Superintendent of Schools, has indicated it is his intention to pay for the signs for the City schools. The Park and Recreation Commission has indicated they want control over placing the signs. Councilmember Heller stated this is a very positive program and asked what kind of a timeline he anticipated with the signs. Corporal Franzini stated the signs in English and Spanish have been completed, and the Vietnamese signs are being done now. Date of order to delivery is four weeks. It will take 2-3 months to begin the initial education program. He noted Juvenile Officer Childress will try to get to all the schools during the present school year. Mayor Boro stated that Corporal Franzini spoke before the East San Rafael Neighbor -hood Task Force where the discussion became quite heated because some felt that certain neighborhoods were being singled out. It was explained that it would be applied the same throughout the City. Mayor Boro stated we as a City are serious about this, and we are putting everyone on notice that we will prosecute people to the fullest extent of the law if they are doing drugs in drug free zones. He stated this is a great program and they are doing an excellent job. Councilmember Thayer moved and Councilmember Zappetini to adopt the Resolution authorizing the establishment of drug-free zones. RESOLUTION NO. 9106 - AUTHORIZING DRUG FREE ZONES NEAR SCHOOLS, PARKS AND YOUTH CENTERS AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen There being no further business, the meeting was adjourned at 9:30 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1994 SRCC MINUTES (Regular) 2/22/94 Page 7