HomeMy WebLinkAboutCC Minutes 1995-09-05
SRCC MINUTES (Regular) 9/5/95 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 1995, AT 8:00 PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary O. Phillips, Councilmember
David J. Zappetini, Councilmember
Absent: None
Others Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION - 7:00 PM - COUNCIL CHAMBER
Mayor Boro announced Closed Session items:
CLOSED SESSION AGENDA ITEMS - 7:00 PM - CONFERENCE ROOM 201
1. •Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiator: Suzanne Golt
Employee Organization: San Rafael Firefighters' Association
•Conference with Legal Counsel - Existing Litigation
(Government Code Section 54956.9)
a. Hansen Brothers Enterprises v. Board of Supervisors of Nevada County, et al.,
California Court of Appeal, Third District Case No. C017070. (Request for
City of San Rafael participation as amicus party.)
b. Citizens Against New Local Taxes v. City of Agoura Hills, California Court of
Appeal, Second District Cast No. B094342. (Request for City of San Rafael
participation as amicus party.)
•Personnel Decision - Public Employee Appointment
(Government Code Section 54957):
Title: Acting/Interim City Manager
The Council then met in Closed Session in Conference Room 201 to discuss the above mentioned items.
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 1995 AT 8:30 PM
RE; CLOSED SESSION ITEMS
Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiator: Suzanne Golt
Employee Organization: San Rafael Firefighters' Association
City Attorney Ragghianti announced that no reportable action was taken on this item.
City Attorney Ragghianti announced the following reportable action:
• Council voted 5-0 to appoint Suzanne Golt, Acting/Interim City Manager,
effective 10/1/95.
• Council unanimously approved City's participation as amicus party in the
following two cases:
1. Hansen Brothers Enterprises v. Board of Supervisors of Nevada County et al.
2. Citizens Against New Local Taxes v. City of Agoura Hills
SRCC MINUTES (Regular) 9/5/95 Page 1
SRCC MINUTES (Regular) 9/5/95 Page 2
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
RE: SAN RAFAEL FIREFIGHTERS' ASSOCIATION LABOR NEGOTIATIONS - File 9-3-31 (Verbal)
Jim Lydon, President of the San Rafael Firefighters' Association addressed the Council,
stating the citizens and firefighters of San Rafael had come before the Council a year ago to discuss the impasse that had
been reached relating to the City's labor agreement with the Firefighters' Association. He noted that one of the issues
presented at that time was the promotional criteria for chief officers. He stated that, unfortunately, all issues were referred
to mediation, and during that process it was agreed that the promotional criteria for chief officers would be removed from the
contract negotiations and be discussed during the anticipated sessions relating to the Rules and Regulations. Mr. Lydon
stated that the meetings began again in March, 1995 to discuss the Rules and Regulations, pointing out that he used the
word "again" because they had met and conferred on these issues at different times since the 1970's, although the most
serious efforts have occurred since approximately 1990. Mr. Lydon reported that by 1995 an agreement had been
reached on the Rules and Regulations, with the exception of the promotional criteria for chief officers, noting this was the
same issue presented to the Council one year ago.
Mr. Lydon stated the sticking point on this issue was the Firefighters' Association's request that chief officers with command
responsibilities should have line experience at the rank of Captain, and the Firefighters' Association wrote a formal
declaration of impasse in accordance with City Resolution #4027, on May 12, 1995. Mr. Lydon reported that in June the
Firefighters' Association met with the City's negotiators again, in accordance with the Resolution, to make sure both sides
understood each other's position and to see if there was a last minute possibility to resolve this matter. Mr. Lydon stated
since that time, this matter had been pending at the Council level, and even though there have been some extra-curricular
attempts to settle the issue, those attempts have all occurred outside the guidelines as specified in the Resolution. Mr.
Lydon reported the Resolution clearly states the next step in the process is for the Council to schedule a meeting with both
the labor group and the City negotiators to hear the issue, noting that for such a meeting to be in compliance with the law, it
must be held as a Public Hearing.
Mr. Lydon stated the Firefighters' Association asked the City Negotiator to respond, with feedback from the Council, as to
when a Public Hearing could be scheduled; however, these efforts, over a two to three month period, have been
unsuccessful thus far. Mr. Lydon stated he understood the Council had met in Closed Sessions to discuss this issue, and
he stood before the Council to ask them directly to either give direction to make progress on the issue, or to comply with the
provisions of the City's Resolution #4027. Mr. Lydon recognized the Councilmembers' and City staff's schedules are busy
and hectic, as are the schedules of the people representing the Firefighters. Therefore, he suggested the Council direct
staff to respond with a couple of dates, should a Public Hearing become necessary.
Kirby Overcash addressed the Council, stating that a year ago he had stood before the Council in support of the San Rafael
Firefighters and the Firefighters' Association, and that he was there to stand before the Council again, a year later, to ask
the Council to continue to work diligently on the matters that were entrusted to the Council to be resolved. He was
concerned that these issues had not been resolved by now, and asked the Councilmembers to use their best judgment,
and to realize that the issues at hand are more than just the individuals involved, but will greatly impact of the community as
a whole as to how the fire safety issues will be handled by the particular people involved, and the requirements that they
must have to be in those positions. Mr. Overcash strongly urged the Councilmembers to consider that in their
deliberations, and asked that they be expedient on these issues.
Mayor Boro stated the Council had been diligently pursuing this issue with much vigor, and although there is no reportable
action at this time, Mayor Boro felt the Council was progressing toward a solution.
CONSENT CALENDAR
Councilmember Phillips moved and Councilmember Heller seconded, to approve the recommended action on the following
Consent Calendar items:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Special Meeting of Approved as submitted.
July 31, 1995 and Regular Meeting of August 7,
1995 (CC)
6. Approval of Grant Contract with State Department ADOPTED RESOLUTION NO. 9441 -
of Education for $5,100 for Minor Repair and A RESOLUTION AUTHORIZING THE
Renovation of Child Care Facility at Gallinas SIGNING OF A CONTRACT WITH
School (Rec) - File 4-10-282 STATE DEPARTMENT OF EDUCATION FOR $5,100
FOR MINOR REPAIR AND RENOVATION OF CHILD CARE FACILITY AT GALLINAS SCHOOL.
SRCC MINUTES (Regular) 9/5/95 Page 2
SRCC MINUTES (Regular) 9/5/95 Page 3
7. Approval of Street Closure for Marin Coupe Approved staff recommendation;
and Roadster Club Meeting and Antique Car Show event to be held on Saturday,
(PD) - File 11-19 9/5/95, from 5:00 PM to 10:00
PM.
8. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved Final Adoption of
NO. 1684 - An Ordinance of the City of San Rafael Ordinance No. 1684.
Amending Ordinance No. 1555 So As To Remove Zoning
Condition to Require a Supplemental Parking Easement
at 100 McInnis Parkway for a Restaurant/Hotel
(Re: Z88-1(b) Embassy Suites Hotel, 100 McInnis
Parkway, AP 180-410-07) (Pl) - File 10-5 x 10-3 x 5-1-303
9. Resolution Authorizing Foreclosure Proceedings: ADOPTED RESOLUTION NO. 9442 -
(Fin) - File 8-22 RESOLUTION OF THE CITY COUNCIL
a. AP #180-442-07 (Civic Center Refunding OF THE CITY OF SAN RAFAEL
Assessment District) ORDERING FORCLOSURE ACTION IN
THE CIVIC CENTER - NORTHGATE
b. AP #014-152-28 (East Francisco Boulevard REFUNDING ASSESSMENT DISTRICT
Assessment district) AND THE EAST FRANCISCO
BOULEVARD ASSESSMENT
DISTRICT.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(This item was taken out of order.)
SPECIAL PRESENTATION
10. PRESENTATION OF RESOLUTION OF APPRECIATION RE: ITALIAN STREET PAINTING FESTIVAL TO
PASCALE HERY, ARTIST (RESOLUTION NO. 9423 ADOPTED ON AUGUST 7, 1995) (RA) -
FILE 102 x (SRRA) R-140 #8
Mayor Boro presented the Resolution of Appreciation to Ms. Hery, thanking her for representing the City of San Rafael and
the City Council as a participant in the Italian Street Painting Festival for the past two years. Mayor Boro cited her
beautiful painting at this year's festival, stating it was a joy for all to behold.
The following items were removed from the Consent Calendar for discussion:
3. REPORT ON BID OPENING AND AWARD OF CONTRACT FOR REPAIR AND REPAINTING OF PICKLEWEED
RECREATION CENTER (PW) - File 4-1-476
Councilmember Heller asked if the bids received on this project had been submitted by the same businesses and
individuals who had bid previously and been rejected? Public Works Director Bernardi stated one of the current
bidders was resubmitting. Mr. Bernardi noted the reason the project had been re-bid was because of
inconsistencies in the documents that had originally been submitted, which would have caused the City to
disqualify certain contractors who had actually submitted the bids the City preferred to consider, and the City would
have been forced to accept a bid which was higher than the project was worth. The Public Works Department
recommended the project be re-bid, noting the company that has been awarded the contract was in full compliance,
and that the cost of the project will actually be less than the Department had expected.
Councilmember Heller moved and Councilmember Zappetini seconded, to adopt the Resolution awarding the contract for
repair and repainting of Pickleweed Recreation Center to Ionic Construction in the amount of $19,400.
RESOLUTION NO. 9443 - RESOLUTION OF AWARD OF CONTRACT FOR REPAIR AND REPAINTING OF
PICKLEWEED RECREATION CENTER TO IONIC CONSTRUCTION IN THE AMOUNT OF $19,400 (lowest
responsible bidder).
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 9/5/95 Page 3
SRCC MINUTES (Regular) 9/5/95 Page 4
4. RESOLUTION AUTHORIZING PROJECT FUNDING FROM GENERAL FUND WITH PAYBACK FROM N.P.D.E.S.
PROGRAM FOR CLORINDA AVENUE DRAINAGE IMPROVEMENTS (PW) - File 12-9 x 8-5 x 4-4-6b
Councilmember Zappetini asked if there was a priority list of areas being looked at as far as the amount of money coming in
compared to the size of the project? Public Works Director Bernardi stated the Redevelopment Agency had
approved and adopted a storm drainage master plan and staff was in the first stage of implementing this plan,
essentially from West Francisco Boulevard up Irwin Street, to the point where Andersen Drive crosses Irwin Street,
noting the second phase will go into the Bret Harte area. Mr. Bernardi stated that was the priority the
Redevelopment Agency and the Council have set as far as storm drainage improvements are concerned.
Mr. Bernardi reported this particular project was being brought before the Council at this time because the pipe has
literally collapsed, noting that in terms of priority, this project is only a priority because it will not be able to carry the
water this winter and the pipe must be replaced. Mr. Bernardi stated one of the issues brought before the
Council under the N.P.D.E.S. Program was the replacement of these types of facilities, which because of their
deteriorating condition will bring a lot of silt into the waters of San Francisco Bay, and noted that by solving this
problem, the City will be eliminating much of the material that gets sucked into the rusted pipe and ultimately
carried into the San Rafael Canal. Mr. Bernardi stated that as the City receives more of the N.P.D.E.S. funds, the City
would begin to prioritize these types of projects so that ultimately an entire program would be outlined for the Council,
probably in a year or so.
Mr. Zappetini stated he understood the concerns about the street collapsing, but asked that until it was clear that
the silt was contaminated, how would we know if we had set aside enough money to correct such problems? He
asked how we would know that the ground was actually contaminated, or if the silt itself would be considered a
contaminant? Mr. Bernardi stated it did not matter whether or not the silt had hydro carbons in it or not, the silt itself
was considered a contaminant. Mr. Zappetini stated he had thought the silt had to be tested for hydro carbons, and
that our priorities would be based on the test results. Mr. Bernardi reiterated this was not the case, and the
silt itself was a contaminant. Mr. Bernardi stated this issue was being dealt with under the N.P.D.E.S. Program
through our street sweeping component of that program, noting the more the streets are swept the less hydro
carbons will get into the storm drain system.
Mayor Boro recalled that at the time the Council approved the $15.00 fee, Mr. Bernardi indicated the Council would be given
a list of priorities, and stated he assumed this particular item had become a priority. Mr. Bernardi responded that it
had.
Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt a resolution authorizing project funding
from the General Fund with payback from the N.P.D.E.S. Program for Clorinda Avenue Drainage Improvements.
RESOLUTION NO. 9444 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
PROJECT FUNDING FROM GENERAL FUND WITH PAYBACK FROM N.P.D.E.S. PROGRAM FOR CLORINDA
AVENUE DRAINAGE IMPROVEMENTS.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. LUCAS VALLEY ROAD INTERCHANGE IMPROVEMENTS - AERIAL LEAD DEPOSITION TESTING (PW)
- File 4-8-20 x 9-3-40
Councilmember Zappetini asked who would be paying for the testing? Public Works Director Bernardi stated the traffic
mitigation fee component of what we are currently paying for the engineering on the project will fund this testing.
Mr. Bernardi reported the City was requesting proposals, and would bring them before the Council so you would
have a full comparison as to what the work will cost. Councilmember Zappetini asked for clarification on what the
Council was being asked to approve, and Mr. Bernardi responded the Council was being asked for staff
authorization to solicit proposals.
Councilmember Zappetini moved and Councilmember Phillips seconded, to approve staff recommendation authorizing the
Director of Public Works to solicit proposals to conduct aerial lead deposition testing for Lucas Valley Road
Interchange Improvements.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 9/5/95 Page 4
SRCC MINUTES (Regular) 9/5/95 Page 5
PUBLIC HEARINGS
11. PUBLIC HEARING - CONSIDERATION OF ADDITION TO SAN RAFAEL MUNICIPAL CODE TITLE 17, WATER
AND WATERWAYS, TO ADD NEW CHAPTER 17.30, WATERCRAFT REGULATIONS, SECTION 17.30.010 -
SPEED RESTRICTIONS, TO REGULATE WATERCRAFT SPEED IN CITY OF SAN RAFAEL WATERS (PD) -
File 144 x 9-3-30
Mayor Boro opened the Public Hearing and asked for the staff report.
Police Chief Robert Krolak stated this was a request to codify an Ordinance regulating watercraft speed in the Municipal
Code. Chief Krolak explained the members of his department are currently using State action to enforce speed
limits for boats on the Canal. Chief Krolak stated this enforcement effort was being made not only for safety
reasons, but also because of the siltation build-up within the Canal.
Mayor Boro noted Chief Krolak had forwarded his report to the State, explaining that although the State did not necessarily
have jurisdiction, they did have the expertise in such matters and had concurred with this proposal. Chief Krolak
stated that basically the Police Department was currently enforcing the California Harbors and Navigation Code 5
mile per hour speed limit. However, this law specifies the speed limit within 200 feet of a docked vessel, but
because there are no longer as many boats parked in the docking area along the Canal, this law has become
unenforceable, which was why the Police Department was requesting an Ordinance be codified within the
Municipal Code which would give the Department the authority to enforce the speed limit.
There being no public comment, Mayor Boro closed the Public Hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 17.30 TO THE SAN RAFAEL MUNICIPAL CODE
CONCERNING WATERCRAFT TRAFFIC REGULATIONS."
Councilmember Phillips moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in
its entirety and refer to it by title only and pass Charter Ordinance No. 1685 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - FINAL MAP FOR OAKVIEW SUBDIVISION, MINOR AMENDMENTS TO PD 1673, AND
AMENDMENT TO MASTER ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED94-14); OAKVIEW SCHOOL
SITE; 70 SKYVIEW TERRACE, AP NO. 165-010-54, WATERFORD ASSOCIATES, OWNER; OBERKAMPER &
ASSOCIATES CIVIL ENGINEERS, INC., REPRESENTATIVES (Pl) - File 5-1-327
Mayor Boro opened the Public Hearing and asked for a report from Planning Director Robert Pendoley.
Mr. Pendoley reported there were three items for Council consideration, stating the first item was for
approval of the final map, noting this was a ministerial action. He pointed out that if the final map was consistent with
the tentative map, the Council has no discretion and must approve it. Mr. Pendoley stated the staff of the
Planning Department and Public Works, as well as the Planning Commission, recommended that the final map
was consistent, and should be approved. Mr. Pendoley stated the other two actions were technical changes to the
Planned District, and to the Master Environmental and Design Review Permit, and noted they involved relatively minor
matters, such as changing the allowed set-back in one of the sub- division lots and relocating drainage easements.
There being no public discussion, Mayor Boro closed the Public Hearing.
Mayor Boro noted there were three separate items before the Council, requiring three separate motions.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution approving an amendment to
the Master Environmental and Design Review Permit and the Final Map for the Montevideo Terrace (Oakview)
Subdivision.
RESOLUTION NO. 9445 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT
TO THE MASTER ENVIRONMENTAL AND DESIGN PERMIT AND THE FINAL MAP FOR THE MONTEVIDEO
TERRACE (OAKVIEW) SUBDIVISION, 70 SKYVIEW TERRACE (AP NO. 165-010-54)
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 9/5/95 Page 5
SRCC MINUTES (Regular) 9/5/95 Page 6
ABSENT: COUNCILMEMBERS: None
Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt the Resolution approving the final map of
Montevideo Terrace.
RESOLUTION NO. 9446 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
FINAL MAP OF SUBDIVISION ENTITLED "MAP OF MONTEVIDEO TERRACE".
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN
RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PD (PLANNED
DEVELOPMENT 1673) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: Z94-2(b), OAKVIEW
SCHOOL SITE, 70 SKYVIEW TERRACE, AP NO. 165-010-54) (Re: The Montevideo Terrace Subdivision)."
Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its
entirety and refer to it by title only and pass Charter Ordinance No. 1686 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Michael Smith addressed the Council, noting he was representing Waterford Associates, who had purchased the school
site from the School District. Mr. Smith reported Waterford Associates had purchased the property in May of this
year, with only a tentative map. He stated a portion of the funds received by the School District are going to be
used to construct buildings for the Dixie School District. He reported that these buildings could only be
constructed after the School District had received the funds, which would occur upon the sale of the homes.
Therefore, when Waterford Associates purchased the property, they were asked to construct the homes as quickly
as possible and hopefully have them ready for sale by the Spring of 1996. Mr. Smith expressed his thanks to the
City and the many people who assisted in making it possible for them to currently be under construction, noting
grading had already begun at the sites. He specifically thanked the staff of the Planning Department, particularly
Bob Pendoley, Louise Patterson, and Sheila Delimont, and the Public Works staff, particularly David Bernardi and
the City Attorney's office for their help with the CC & R's. He stated Waterford Associates had five meetings, two
with Design Review, two with the Planning Commission, and one before the City Council, and felt it would not have
been possible to accomplish so much in such a short time without the cooperation of so many fine people. He
again expressed his gratitude to Mayor Boro and a fine City staff.
Mayor Boro stated it was nice to know the process worked and to be told about it.
Councilmember Phillips stated he was been somewhat involved with the School District and had worked behind the scenes
on this project. Mr. Phillips felt Waterford Associates was to be complimented on the development itself, noting
this project had gone very smoothly and would be a benefit to the School District, as well as the entire community.
13. PUBLIC HEARING - ORDER TO SHOW CAUSE RE: ABATEMENT OF PUBLIC NUISANCE: OVERGROWN
WEEDS, TREES AND BRUSH LOCATED AT 10 LINDENWOOD COURT, SAN RAFAEL, JAN & ALICJA
PIETRZAK, OWNERS (Pl) - File 3-3-48
Mayor Boro opened the Public Hearing and asked for the staff report.
Planning Director Pendoley stated since March of this year his office had been receiving complaints from neighbors living
adjacent to this property, concerning the accumulating fire hazard, which was mostly weeds. Mr. Pendoley
introduced Mr. Bill Palmer, acting Code Enforcement Officer, noting Mr. Palmer had done all of the staff work on this
issue.
Mr. Palmer was sworn in by City Clerk Jeanne Leoncini, allowing him to testify before the Council. Mr. Palmer stated he
was currently acting Code Enforcement Officer, and for 12 years prior to this position he had been an Assistant
Code Enforcement Officer for the City of San Rafael. Mr. Palmer noted he was a Forester by profession,
registered and licensed by the State of California. He stated that prior to his employment with the City of San
Rafael he had worked for the United States Forest Service for 33 years, noting that part of that experience and
training with the Forest Service had been in fire control, fire management, fire prevention, and actual field work in
SRCC MINUTES (Regular) 9/5/95 Page 6
SRCC MINUTES (Regular) 9/5/95 Page 7
those areas. Mr. Palmer stated all of this experience was in wildland fire management, not urban fire
management, and he felt he was somewhat qualified to identify potential fire hazards.
Mr. Palmer explained the problem at 10 Lindenwood Court, noting the property had been vacant since the flood in 1982.
He stated weeds and brush have grown to the point that the property has become a public nuisance and should be
abated. Mr. Palmer reported several of the neighbors have been complaining, and that Code Enforcement Officer
Claire Machado had inspected the site in April of this year and had notified the owners with a Notice of Violation on
May 19, 1995. Mr. Palmer stated that when he came to work on July 5, 1995 (as Code Enforcement Officer), the
first person he spoke with was one of the neighbors complaining about the overgrown weeds and brush at this
location, and the potential fire hazard it created. Mr. Palmer stated he inspected the site, and agreed with Code
Enforcement Officer Machado's evaluation that it was a nuisance, and Mr. Palmer then sent another Notice of
Violation to the property owner. Mr. Palmer stated the City did not receive a response to the notices, and therefore
turned the matter over to the City Attorney for abatement action, and in the meantime asked Fire Marshal Keith
Schoenthal to inspect the property. Fire Marshal Schoenthal confirmed the evaluations Ms. Machado and Mr.
Palmer had made, and assisted in developing a plan of abatement action that would be necessary to reduce that
hazard.
Mr. Palmer distributed photographs of the property illustrating the dead grass and shrubbery, and overgrown brush and
weeds, stating the property owner was in violation of Municipal Code Section 1.20.030, Part F: Overgrown
vegetation likely to harbor rats, vermin and other nuisances, and/or causing detriment to neighboring properties or
property values, and Part G: Dead, decayed, diseased or hazardous trees, weeds and other vegetation constituting
unsightly appearance or dangerous to public safety and welfare or detrimental to nearby property or property
values. Mr. Palmer stated the property owner, with one exception, had failed to respond. Mr. Palmer stated
there was correspondence from the owner stating he was in Poland and would return and take care of the property
in September; however, there had been no response to the Notice of Violation sent by Mr. Palmer on July 20, 1995.
Mr. Palmer stated the Fire Department is asking the Council to acknowledge that a nuisance exists on the property, that the
property owner has been duly noticed of the nuisance and ordered to abate it, that the appropriate City official be
ordered to abate the nuisance if the owner has not done so at the end of the fifteen day period required under the
Municipal Code, and that the cost of the abatement be assessed against the property as a lien until paid, and that
the administrative cost be determined and recovered from the property owner pursuant to Chapter 245 of the
Municipal Code.
Councilmember Zappetini asked Mr. Palmer if he knew if there were any other liens on the property? Mr. Palmer
responded that he did not know. Mr. Zappetini stated if the City were to put a lien on the property, perhaps it would
not be worth liening. City Attorney Ragghianti stated he did not know what the cost of removing the weeds would
be, but felt it would not be a substantial sum, and would not exhaust the equity in the property. Mr. Zappetini
asked Mr. Palmer what he thought the cost might be, and Mr. Palmer stated it should not be more than $300 - $400,
noting it was a small lot, and the work could be done by either a contractor or a City or Conservation Corps crew.
He stated a six to eight man crew could probably complete the work in two days.
Mayor Boro asked for comments from the public.
Scott McNear, a neighbor of the Lindenwood Court property, addressed the Council, stating the property was a fire
hazard and an eyesore, as illustrated in the photographs which had been presented. He noted the pampas grass
and scotch broom had overgrown and blocked the sidewalk entirely, and reported that the foundation had been
bare since 1982, with pieces of rebar sticking up out of the foundation. He stated the neighbors have had to put
caps on the rebar, as children frequently play in the area. Mr. McNear stated there also had been abandoned cars
left by the renters, and the neighbors had tracked down the owners of the vehicles and had them removed, but Mr.
McNear felt there was nothing more the neighbors could do to alleviate the problems. He stated that a big fire
hazard exists, noting he was concerned at having to leave his family at home alone with the possibility of a fire
being imminent. Mr. McNear recognized the fact that the City had to watch expenses, but stated the City would
recover the money from the lien. He felt that even if the City lost some money, in this instance the safety issue
was more important than the cost.
Mr. Ali Ghadiri, a neighbor of the Lindenwood Court property, addressed the Council, noting he has had a problem with this
property since 1982. Mr. Ghadiri stated his insurance company had cancelled his fire insurance on three separate
occasions because of the fire hazard created by the overgrown weeds at 10 Lindenwood Court, and that he must
pay a higher insurance premium each time he purchases new fire insurance coverage. He stated he had recently
been contacted by his current insurance carrier and notified that unless the nuisance is abated, they are cancelling
his fire insurance coverage.
Iris Bridose-Stevens, a resident of 3 Lindenwood Court, addressed the Council,
stating she shared the concerns of Mr. McNear and Mr. Ghadiri, but was also very concerned about the exposed
foundation. Ms. Stevens noted there are seven children residing in the cul-de-sac, and although they have been
SRCC MINUTES (Regular) 9/5/95 Page 7
SRCC MINUTES (Regular) 9/5/95 Page 8
warned to stay away from the 10 Lindenwood Court property, they do play there. She is concerned because the
children cannot see the foundation because it is covered with brush and overgrown weeds, and they might hurt
themselves.
Mr. Scott Cherry, President of the Glenwood Homeowners Association, addressed the Council, stating he was speaking on
behalf of the neighborhood to show cause, and to show 10 Lindenwood Court is an unsightly lot. Mr. Cherry noted
he has received many complaints about this property, which has been a nuisance since 1982 when the house was
washed off its foundation. Mr. Cherry expressed his hope that the Council would take action to help the neighbors.
There being no further public discussion, Mayor Boro closed the Public Hearing.
Councilmember Cohen agreed that a nuisance existed and City action was required. However, he questioned the City's
remedy, noting the Council had previously discussed the possibility of seeking other remedies for cost recovery, in
addition to liening the property, stating a lien might only be affective at such time as the property was sold, and
noting since the property has been in this condition since 1982, it might be a long time before the property was sold.
Mr. Cohen asked the City Attorney if there were other avenues for the City to recover the cost of abating this
nuisance? Mr. Ragghianti responded his office was continuing to look at other options for recovery, noting in this
instance there were two aspects of cost recovery that were being requested; the first was the cost of the abatement
itself, and the second was the administrative cost for staff time in processing this entire action. Mr. Ragghianti
explained that after the abatement takes place, the owner would be noticed for the entire amount of both the
abatement action and the cost of City staff time, noting the property owner would then have an opportunity to
contest the assessed amount. Mr. Ragghianti stated if the amount is not contested, or if the Council denies the
appeal, the cost would be assessed, and if the amount is not paid, a lien would be placed against the property.
Mayor Boro clarified Mr. Cohen's questions, noting that at one point the Council had discussed other possibilities versus
liening, such as Small Claims Court, as it was felt this might be more expeditious. Mayor Boro asked if there was a
possibility of pursuing that option? Mr. Ragghiant responded that in terms of cost, the City could always file an
action for judgment in Small Claims Court; however, he noted that what the City would be awarded was only a
judgment, and the city would then have to lien the judgment against the property.
Assistant City Attorney Gus Guinan spoke, stating one of the aspects of the liening process that has always been so
appealing to Public Agencies was the fact that the assessment is against the property, and is collected with the
property taxes. He noted if the property taxes are not paid, the assessment accrues with the unpaid property tax
with interest, pursuant to statute. Eventually such property can be a forced sale. Mr. Guinan stated there was no
fast way to acquire the recovery costs
unless judicial remedies are pursued, and noted that in the past the City had found
the liening action was much easier, and that it is was very rare for a property to be liened and the assessment not be paid.
Mr. Cohen asked if his understanding was correct that the lien would actually be assessed with the property taxes?
Mr. Ragghianti clarified that the lien was assessed against the property, and then collected in connection with the
taxes on that piece of real estate, noting if the taxes were not paid, the lien would be added to unpaid taxes and
would accrue interest.
Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution as presented.
Under discussion, Councilmember Zappetini stated he would like the City to look into reports of rebar sticking up out of the
foundation, and other conditions which might pose a safety hazard. He felt as the City was going to be cleaning up
the property, the City might assume liability for other unsafe conditions. Mr. Palmer stated the rebar could be
handled in the same manner as the weeds to make the site safe.
Mr. Guinan stated he had not known about the rebar sticking out of the foundation until Mr. McNear addressed the Council,
noting that had he known about it earlier he would have added it to the original abatement notice. However, he
stated once action has been taken on the original complaint, the City will move on the foundation and rebar if the
property owner has not already done so, although this would require another notice and abatement action. Mr.
Guinan pointed out that if the brush is cleared from the property, at least the foundation and rebar will be more
visible and not so much of a hidden trap. He stated he would be most interested and willing to pursue these
additional problems if they should persist.
Councilmember Heller stated this was clearly a safety hazard, and she was pleased the City was going to be able to abate
this nuisance. She noted, however, that there was a letter on file stating the owner would be back from Poland in
September, and asked if that meant the City would have to wait until the owner's return before taking action? Mr.
Ragghanti responded the City did not have to wait for the property owner to return, that once the Council adopted
the Resolution the abatement action can proceed at the end of the fifteen day waiting period. Mr. Guinan reported
the property owner had been sent three notices, and the property itself was posted. Therefore, even though the
Code Enforcement Officer received a letter indicating the owner would be in Poland for several months, there was
never an agreement from City staff that the abatement action would be stayed.
SRCC MINUTES (Regular) 9/5/95 Page 8
SRCC MINUTES (Regular) 9/5/95 Page 9
Mayor Boro stated that although the City might be required to take separate action on the nuisance abatement for
overgrown brush and weeds and on the rebar and foundation, if there are obvious safety hazards identified during
the initial clean-up process that can be mitigated immediately, such as rebar sticking up, they should be addressed
so that children do not fall and hurt themselves.
Councilmember Cohen suggested a directive to staff to examine the site for additional safety hazards and to move
expeditiously to report them to Council if they require more than minor action, so that Council may move on them
quickly once they are presented.
Mayor Boro directed staff to resolve, in the short term, any safety problems found as the site is cleaned, and to report to
Council if further action is necessary to make the site completely safe.
RESOLUTION NO. 9447 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING
CERTAIN OVERGROWN WEEDS AND BRUSH ON PROPERTY LOCATED AT 10 LINDENWOOD COURT TO
CONSTITUTE A PUBLIC NUISANCE, ORDERING CITY OFFICIALS TO ABATE THIS NUISANCE, AND
ASSESSING THE EXPENSE OF ABATEMENT AS A LIEN AGAINST THE PROPERTY.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OLD BUSINESS
14. DISCUSSION OF ORDINANCE NO. 1681, ADOPTED JULY 17, 1995, RE: PARKING OF COMMERCIAL
VEHICLES AND SEMI-TRAILERS ON PUBLIC STREETS (CA) - File 11-8
City Manager Pamela Nicolai stated that at the previous City Council meeting the Councilmembers had indicated they had
been receiving telephone complaints because the Police Department, at the end of the thirty day period, had begun
issuing warnings, based on complaints received by the Department for violations of the parking Ordinance
originally adopted in July, 1995. Ms. Nicolai felt further discussion was needed prior to modification of the existing
Ordinance, to clarify the Council's intent.
Mayor Boro reported he had received telephone calls on this issue, and that the intent of the Council at the time this
Ordinance was adopted was to deal with what Mayor Boro called "abandoned vehicles", which for the most part
were vehicles and trailers that were unhitched and left on the street. Mayor Boro felt the issues being presented
by the business owners were not issues the Council had previously considered, and he noted that while the
Ordinance had been adopted with good intentions, there were issues that needed to be sorted out.
Ms. Nicolai stated some of the complaints that prompted the adoption of the Ordinance did not refer to abandoned vehicles,
but rather to the parking of commercial trailers all day and overnight in areas either adjacent to or in close proximity
of residential neighborhoods, complaining that trailers were being left on City streets, becoming a commercial use
of the public right-of-way.
Councilmember Zappetini asked if the City business owners in each area had received notice of the Ordinance and the
meetings? Ms. Nicolai did not believe they had, because the Ordinance did not cite a specific geographic location;
however, she reported that the Police Department had compiled a special mailing list for this meeting, with
information being sent to approximately thirty individuals who had either complained about a vehicle that they
wanted the City to cite, or complained about receiving a citation (warning), and she noted this Ordinance was only
intended to be enforced in response to a complaint being issued. Mr. Zappetini asked if there had been any
attempt to notify residents or business owners of this Public Hearing, other than the required notice in the
newspaper, and Ms. Nicolai responded there had not.
Mr. Zappetini recounted a conversation he had with Police Officer Smiley, during which Officer Smiley had
referred to three areas where this had become an issue of concern, Mitchell Boulevard, Andersen Drive, and
Northgate Drive. Mr. Zappetini asked if residents and business owners of these three areas should have been notified
of the Public Hearing, as these had been identified as problem areas? Ms. Nicolai stated that had been done for this
meeting, and she noted that at the time the original Ordinance was being discussed, Northgate Drive in the vicinity of the
mall was where the problem was thought to exist, and actually came up during discussions on the theater
project.
Mr. Zappetini stated he felt that if we had noticed these residents and business owners during the first meeting,
we might have eliminated an extra step.
Public Works Director Bernardi stated that part of the problem of noticing people is that other than driving
SRCC MINUTES (Regular) 9/5/95 Page 9
SRCC MINUTES (Regular) 9/5/95 Page 10
around and trying to find a truck parked on the street and notifying the driver, it would be very difficult to identify
everyone else who might have been impacted by the truck being parked on the street. Therefore, he stated,
at the time of the original adoption of the Ordinance, the City published the Public Hearing Notice, which was part
of the staff report, in an attempt to notify all interested persons. In addition, Mr. Bernardi concurred with Ms. Nicolai's
statement that the original intent of this Ordinance was to resolve the discrepancy contained within two different
provisions of the Ordinance, one being a twenty-four hour restriction and the other a one hour restriction. He noted
staff recommended the elimination of the twenty-four hour restriction and to maintain the one hour time limit, with
the added provision that as long as a truck is being used for business purposes, which means either loading or
unloading in the public right-of- way, it has the right to remain there.
Mr. Bernardi reported the Traffic Advisory Committee felt this was a reasonable compromise and would address
the concerns of the business owners who do, in fact, have trucks that need to use the right-of-way for those purposes.
Mr. Bernardi stated he and his staff would entertain other options if asked to do so.
Councilmember Heller stated an Ordinance cannot be site specific, and the current Ordinance was enacted for the entire
City, and asked if there was any way the area of enforcement could be narrowed? Mr. Bernardi stated the City
had, in the past, restricted certain Ordinances to areas specifically defined as "commercial areas", but noted he
would have to research with the City Attorney's office to determine if this Ordinance could be restricted to specific
areas.
Assistant City Attorney Guinan stated a possible solution might be to amend the Ordinance to maintain the one
hour parking limitation applicable to residential areas only, and to keep the one hour restriction only during the day in
commercial and industrial areas, with no limitation during the evening hours so that trucks can park for long
hours overnight for purposes of business necessity.
Ms. Heller asked how many complaints the City had received, noting the Councilmembers had received telephone calls
from people complaining about this issue. Mr. Guinan stated he was unaware of the actual number of complaints,
but noted he had spoken with Police Sargeant Tom Smiley and Parking Enforcement Officer Peggy Johnson, who
had issued warnings, and they reported a lot of surprise and concern over the enforcement of this Ordinance. Mr.
Guinan noted the mailing list of interested parties provided mainly by the Police Department, was comprised of
thirty-two names of businesses and individuals who had called to complain.
Mayor Boro invited anyone interested in speaking to address the Council.
Dick Laughlin addressed the Council, stating he felt the Council might not be considering one of the most important issues
of this problem, which is the safety factor. He reported instances of huge trucks with heavy equipment being
parked on one side of Belvedere Street, across from the Telephone Company and next to the Police Department.
He stated he travels this area quite often, and that it has become very difficult to get through because of the many
large trucks and pieces of heavy equipment which are left parked on the street.
Don Saccani, Owner and President of Mariner Distributing Company, 79 Mitchell Boulevard, San Rafael, addressed the
Council, stating his business had been located in that area for approximately twenty-eight years, and noting he had
moved to the Northgate Industrial Park because it was an industrial area. He stated he was one of the people
surprised by the Ordinance, and that it had afforded him with genuine problems. He reported his plant operates
twenty-four hours a day, five days per week, and that during the day his trucks and equipment are out and moving
95% - 98% of the day, usually from 7:00 in the morning until 4:00 or 5:00 in the afternoon. He stated his problems
begin in the afternoon, usually after 4:30 or 5:00 PM, when they are unloading and reloading his vehicles for the
next day's activity. Mr. Saccani stated that in order to stay in San Rafael, he has tried to work around this space
problem, noting he owns one building on the corner of Paul and Mitchell Boulevards, as well as three buildings in
the immediate area which his company lease. Mr. Saccani stated that in order to load his trucks at night, he
moves his trucks from one area to another, from one warehouse to another, using all four warehouses. He noted
there are times when it is necessary to park the trucks on the street for perhaps an hour or two when there is a
back-up in the warehouse, stating this was an illegal act under the current Ordinance, because during the time that
his trucks must be parked on the street they are not being loaded or unloaded, but merely waiting to be able to
enter the warehouse.
Mr. Saccani stated another serious problem exists because many of his suppliers ship to his company via out-of-state
truckers, and when the truckers come into the area in the middle of the night they park on the vacant streets and go
to sleep until his company opens in the morning and they can unload the trucks. Mr. Saccani noted that
technically speaking, if the trucks are parked on the streets for over one hour they are subject to a citation, and he
did not feel this was very just. He stated the truckers have no way of knowing this ordinance is in effect, and noted
it is rather unique for an industrial area. Mr. Saccani acknowledged it was unlikely that someone would complain
about a truck at 4:00 in the morning, but the truck could conceivably still be parked at 7:00 in the morning until such
time as the traffic clears out and they can move into the warehouse to unload. Mr. Saccani stated that since the
Ordinance has been in effect, he has done his best to apply all of his company's resources to satisfy the letter of
SRCC MINUTES (Regular) 9/5/95 Page 10
SRCC MINUTES (Regular) 9/5/95 Page 11
the law, and by so doing, he has had to add approximately three additional hours of work per night, moving vehicles
into cubbyholes and other rented areas that his company occupies. He reported this has resulted in an additional
$25,000 annual cost, just to keep the trucks off the streets at night, when there is no one there anyway. Mr.
Saccani stated he would like the Council to consider a posting requirement in the Northgate Industrial Park area
which would require trucks to be off the streets from approximately 8:00 AM to 6:00 PM, or 7:00 AM to 7:00 PM,
whatever the City deemed reasonable, noting this would give all the traffic a chance to clear out, and give the
people who work in the area a place to park. Mr. Saccani reported his company has received many harassing
calls at his warehouses and offices from people who are very irate and believe that his trucks are blocking the
areas, when in fact it is actually people from outside the area who are leaving their trucks on the street when they
are not in operation. He stated his staff has been yelled at and cussed at, and no one is willing to identify
themselves. Mr. Saccani stated that anyone who has ever come to him with a legitimate complaint has always had
that complaint satisfied immediately.
Dennie Dyer addressed the Council on behalf of Oclassen Pharmaceuticals, Inc., 100 Pelican Way, San Rafael, stating he
was in favor of the Ordinance, noting he did not discover the Ordinance was not in effect until he called Officer
Smiley on Friday to report an incident on Kerner Boulevard, and was told about this meeting. Mr. Dyer reported
that Oclassen Pharmaceuticals, Inc. was located at the intersection of Pelican Way and Kerner Boulevards, and
over the last few years he had seen a heavy influx of large trucks and trailers parked on both of these streets. Mr.
Dyer stated that when the Ordinance was originally adopted, he sent a whole series of photographs to Nader
Mansourian which illustrated the number of trucks parked on those two streets, which Mr. Dyer had counted up to
twenty at a time. He reported the trucks park in the driveways, sometimes in the middle of Kerner Boulevard
because it is not heavily used, and have even loaded and unloaded with a forklift in the middle of Kerner Boulevard
as though it were a warehouse. Mr. Dyer stated he had worked on the Ordinance with Mr. Mansourian for several
months, and he felt Mr. Mansourian had done an excellent job of developing the Ordinance. Mr. Dyer noted the
City of Norco in Southern California had once had a similar problem with the parking of trucks and trailers on
residential streets, and they passed an Ordinance in 1981 restricting the parking, and it has worked quite well. Mr.
Dyer stated he felt there was a safety issue, as well as an aesthetic issue, and noted one of the reasons why
Oclassen Pharmaceuticals, Inc. chose Bayview Business Park was because it was an upscale area; however, he
stated that when people come visit their location, it appears as though there is a major loading and unloading zone
for tractor/trailers.
Mr. Dyer also felt there was a common sense problem, explaining that every Thursday night he travels
Belvedere Street to Country Club Lanes for his bowling league, and he stated it is very difficult to travel Belvedere
Street because of the trucks and tractors on the street reduce a two lane road to one lane. Mr. Dyer urged the
Council to enforce the Ordinance, stating he hopes to be able to call Officer Smiley in the near future and
have these vehicles cited, in the hope that they will be forced to conduct business in the same way business is
conducted in Mill Valley and Tiburon, noting there was no reason for them to take advantage of San Rafael in this
way.
Councilmember Cohen asked Mr. Dyer how he felt about the suggestion to focus the enforcement effort on daylight hours,
when businesses are in operation, and loosen the regulations for those businesses that operate at other hours.
Mr. Dyer stated he felt this idea made sense, and it was his opinion that after 7:00 PM there would not be very
much conflict, noting he was mainly concerned about the time frame of 6:00 AM to 6:00 PM, although he would also
urge the Council to address the Canal area when looking at parking restrictions, citing Belvedere Street as a good
example.
Mayor Boro stated he felt the Council understood the issues and problems associated with the Ordinance, noting they have
heard from individuals who have explained each side of the situation. Mayor Boro noted the City Attorney had
spoken about other alternatives, one of which would be different standards for residential and commercial areas,
and also a time driven approach.
Mayor Boro asked that Public Works and the City Attorney's office study this in light of what has been learned, and attempt
to find a way to achieve the City's goals, but at the same time accommodate some real needs that exist by
members of the City's business community. He also asked that we notice those individuals who have been
identified as interested parties.
Councilmember Zappetini asked if the notice could be given indirectly by the Police Department through their enforcement
efforts? Mayor Boro asked Police Chief Krolak where the Department stood at this time in regard to enforcing this
Ordinance. Chief Krolak responded that primarily his Department was enforcing the Ordinance only when there
was a complaint, and only giving warnings, noting that in the past his Department had always given warnings rather
than actual citations. He stated that because of the number of phone calls received by the Department and
members of the Council, they decided to continue issuing warnings only, focus on education, and respond to
complaints. Mayor Boro asked if, in essence, we were not enforcing the Ordinance, and Chief Krolak stated that
was correct. Mayor Boro asked Public Works Director Bernardi how long he felt it would take to study this issue
and return with a report for Council. Mr. Bernardi stated he would present a report at the Council meeting of
October 2, 1995.
SRCC MINUTES (Regular) 9/5/95 Page 11
SRCC MINUTES (Regular) 9/5/95 Page 12
Mr. Zappetini stated the City would have to look at whether enforcement of the Ordinance would impinge on someone doing
business, noting it seemed as though enforcement decisions might have to be made on an individual basis,
attempting to accommodate special situations and conditions. Mr. Bernardi stated the revision to the Ordinance
should be drafted in a way that makes it much less restrictive than it is currently, stating he felt that by making the
Ordinance less restrictive it would address everyone's needs and allow them to conduct their business. Mr.
Zappetini asked how the problem on Belvedere Street would be addressed? Ms. Nicolai stated Belvedere was an
area where it would not be advantageous to allow parking at night, and yet the other commercial areas would not
be negatively impacted by that. Mayor Boro noted Belvedere Street was in a residential neighborhood, and it
sounded as though people had been leaving vehicles parked on the street in that area for long periods of time.
Mr. Bernardi noted that since that was a residential area, the Police Department should have more latitude in going
into the area and issuing citations.
Councilmember Cohen asked if the Council should consider some type of permitting process. He agreed with the
suggestion that the one hour restriction not be enforced in commercial areas, and felt that in addition, we might look
at whether or not there are specific local businesses whose business is such that they could actually operate this
way during the day without having a negative impact on surrounding businesses. He felt that we might hold free
from enforcement those business who do not negatively impact anyone else by violating the Ordinance, agreeing
with Mr. Zappetini that we may need to review each case on an individual basis, so if someone comes to the City
stating the Ordinance as written has a severe negative impact on his own business, while not providing a benefit to
anyone else, we would be able to look at the individual circumstances. Ms. Nicolai stated this is what the City is
doing now by only dealing with the enforcement if a complaint is received, but she noted that the fact that a
complaint has been received means that someone is upset about it. She doubted any complaints were being
received between 7:00 PM - 7:00 AM, and since no complaints are being received, there is no enforcement being
done during those hours. She stated the City needs to determine who is complaining in order to determine if there
is a workable solution.
Councilmember Cohen asked Chief Krolak if it was correct that no one had been issued a warning unless there had first
been a complaint. Chief Krolak responded that when the Ordinance was first adopted, he instructed Peggy
Johnson to issue warnings in order to educate and inform the public about the new Ordinance; however, because
of the number of phone calls this generated, they began issuing warnings only after a complaint had been received.
Chief Krolak stated his concern that if enforcement action is taken only after a complaint has been received, then
the Ordinance will become an unenforceable law. Councilmember Cohen agreed, and stated he was suggesting
the City consider a system whereby individuals could explain their specific circumstances and needs, and the City
could allow them to park their vehicles in contradiction to the Ordinance, with the understanding that if a complaint
were received, they would then be required to adhere to the restrictions of the Ordinance.
Public Works Director Bernardi, noting Assistant City Attorney Guinan's suggestion, stated the City might consider a notice
specifying the time frames of the parking restrictions, with a provision advising that if the individual could not comply
with the time frames they could apply for a permit to be allowed to operate within those hours. Mayor Boro
stated if this option were to be considered, there would have to be standards for issuing the permits, noting he had
discussed the issue of permits with the City Manager and found that the administration of such a program would be
difficult. However, he felt the initial noticing might resolve most of the problem, and the number of individuals
asking for a permit could be relatively low.
Mayor Boro stated no action would be taken on the item at this time, noting the Police Department would continue to issuing
warnings in lieu of citations, and only after a complaint has been received. Mayor Boro asked staff to prepare a
report and recommendation for the City Council meeting of October 2, 1995.
15. APPROVE HAZARDOUS WASTE PROGRAM AGREEMENT WITH MARIN RECYCLING AND RESOURCES
RECOVERY ASSOCIATION (FD) - File 4-3-32
Councilmember Zappetini excused himself from discussion of this issue, due to a conflict of interest, and left the Chamber.
City Manager Nicolai reported a couple of years ago the City had jointly applied for a permit for the Marin Recycling and
Recovery Association to become a permitted household hazardous waste location, noting this was done in the
hope that both the City and the County, under the Joint Powers Agreement, would both be able to use the site.
She stated the City went through the Master Use Permit process with the Garbarino's to be certain that many
different alternatives would be implemented to serve both the County and our community. Ms. Nicolai noted not
only was the permit issued, but a grant was awarded to assist in building the facility. Ms. Nicolai stated the facility
was in place, and the County's Joint Powers group held a local Household Hazardous Toxics Away Day event at
the facility in February. Ms. Nicolai stated an agreement had been reached with Marin Resource and Recycling to
put the facility into operation for a six month period, which would allow an evaluation of how the facility works and to
determine what the actual cost of operating the facility would be. She noted that, simultaneously, the JPA is going
out with an RFP to establish a permanent program, and it was likely the center would submit a bid, which meant this
SRCC MINUTES (Regular) 9/5/95 Page 12
SRCC MINUTES (Regular) 9/5/95 Page 13
could become a County-wide program. She stated that currently this program is for the City of San Rafael, with
the possibility of only Garbarino's five jurisdictions availing themselves of this service so that it can be tried out for
six months on a trial basis and the permit can be activated. Ms. Nicolai felt this agreement covered all of the
issues involved, and would allow the City to proceed with a program that would be not only valuable to the
residents in allowing for disposal of hazardous waste, but because of its location it would also become a key
component in making certain other toxics are diverted out of the landfill and the garbage stream. She noted this
program would also provide a much more concerted effort of educating the public so that hazardous waste does
not get into the garbage, thereby protecting the garbage collection employees. She felt this was an excellent
program to have in place and encouraged the Council to approve the agreement.
Councilmember Cohen noted Ms. Nicolai's reference to the five jurisdictions served by Marin Recycling and Recovery
Association, and asked if the proposed agreement covered the City of San Rafael for the six month trial period?
Ms. Nicolai responded this was correct. She stated the City of San Rafael was the permitted agency, making the
City legally the generator of whatever is collected. She noted the County was doing this for the entire County, and
now the City is willing to take the risk in being responsible for San Rafael, and would probably need to do this jointly
with Las Gallinas or there would be much confusion, and we want to have residents of both North San Rafael and
South San Rafael avail themselves of this service. She stated that over the six month trial period an agreement
would be developed that each of the jurisdictions participate in the sharing of their being the legal generator and
share that responsibility.
Councilmember Heller asked if the City had discussed this proposal with Las Gallinas? Ms. Nicolai stated that the City had
been keeping them apprised of what the City was doing separate from the JPA, and that Las Gallinas would be
working with the City on this. Ms. Heller asked if Las Gallinas would be contributing financially? Ms. Nicolai
stated Joe Garbarino had extra money from the paper recycling, and he stated he would be willing to finance the
program for the six months trial period, which meant there would be no extra cost to the rate payer. She noted part
of the profit that would be used had come from the other five jurisdictions, and that it was only fair that they be
involved in this program
as soon as possible. Ms. Nicolai stated it was her hope that this could soon become a County-wide benefit. Ms. Heller
asked if Ms. Nicolai had discussed the program with any of the other five jurisdictions, and Ms. Nicolai stated that
discussions with the other jurisdictions have been informal meetings to this point, informing them of the program
and agreeing to meet formally to discuss participation once the City has become a permitted agency. She noted
several of the jurisdictions are very anxious to become involved in the program.
Mayor Boro asked if residents using the center would be required to show identification proving they are a resident of the
City of San Rafael, and Ms. Nicolai stated she assumed that they would.
Councilmember Cohen stated he did not want his earlier comments to be misinterpreted as opposition to the other
jurisdictions participating in this program, as his questions and comments were made only to be clear as to the
action he was being asked to take at this time.
Councilmember Heller asked when the program would begin, and Ms. Nicolai stated that if the proposal was approved, the
program would begin October 1, 1995.
Mayor Boro recalled that in the past, the problem the City has had as an agency was that 40% of our fees supported the
JPA effort, and there was concern that there had been only a few times a year that San Rafael's residents could
avail themselves of the service. He noted this program was being proposed on a much more regular, year-round
basis, and felt this would be a real win/win program for both the City and the rate payers. Ms. Nicolai stated she
hoped the facility could remain open two or three days a week, year-round.
Councilmember Heller asked if there was some way in which we could inform the residents that the facility would be open
for a six month trial period, and that the City was hoping for a lot of customers? Ms. Nicolai stated she would urge
a little caution, only because the publicity will cause residents of other jurisdictions to ask why they cannot use the
services, noting time must also be spent in gearing up for the program, assessing how much material is likely to
come in, and training the staff in how to safely handle the hazardous material. Ms. Nicolai stated they may phase
in the program by timing the noticing in different neighborhoods.
Patty Garbarino, resident of "G" Street in San Rafael, addressed the Council, stating she and her father, owners of Marin
Recovery and Recycling, first began negotiating with the County on September 27, 1987 in an attempt to begin this
program, but noted it was not until Forrest Craig, on behalf of the City of San Rafael approached them with a
partnership agreement that the Garbarino's were finally able to see this project become a reality. Ms. Garbarino
stated it would be a great relief to the community, noting many people do not know that they should not be putting
certain materials into their garbage, and this program will educate them as to those hazards, which should protect
not only the groundwater around the landfill, but also the garbage collection workers. Ms. Garbarino stated she
was extremely proud of Mr. Craig's efforts in getting this project off the ground, and noted the City of San Rafael
should be very proud of him and the caliber of employee the City had.
SRCC MINUTES (Regular) 9/5/95 Page 13
SRCC MINUTES (Regular) 9/5/95 Page 14
Ms. Garbarino stated they would try a variety of advertising campaigns, but agreed with Ms. Nicolai that control must be
maintained over the flow of people. She noted the initial campaigns would likely target various neighborhoods on
a rotating basis, and a full, public campaign probably would not be conducted until after the six month trial period.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution authorizing the City Manager
to execute the Hazardous Waste Collections Program Agreement with Marin Recycling and Recovery Association
to operate a permanent household hazardous waste collection facility in accordance with approved permit variance
from the County EPA Department of Toxic Substances Control.
RESOLUTION NO. 9448 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HAZARDOUS
WASTE COLLECTION PROGRAM AGREEMENT TO OPERATE A PERMANENT HOUSEHOLD HAZARDOUS
WASTE COLLECTION AND CONSOLIDATION FACILITY.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Zappetini
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest).
NEW BUSINESS
16. CITY COUNCIL REPORTS:
ST. VINCENT DE PAUL RELOCATION COMMITTEE STATUS REPORT - File 9-2-45 (Verbal)
Councilmember Cohen stated he had been asked by Councilmember Phillips to report on behalf of the St. Vincent de Paul
Advisory Committee, noting he agreed with Mr. Phillips' suggestion that Councilmembers should make an effort to
give on-going reports to each other on their committee work, as it is helpful to be kept abreast of what each
member's committee is doing.
Mr. Cohen stated the St. Vincent de Paul Advisory Committee had been stalled for the past couple of months, due to public
disagreements with St. Vincent's regarding acceptable areas for relocation, and he noted the committee felt a
sense of the rules having changed as to what would be acceptable. He stated the committee had drafted a letter
to the Board of Directors of the St. Vincent de Paul Society, which the majority of the members of the committee
signed, requesting a meeting to discuss this issue and the sincerity of the effort to relocate the dining room from its
current location on "B" Street.
Mr. Cohen stated the committee had received a response to their letter, and are currently attempting to schedule
a meeting, although it appeared that it would be unworkable for the entire sub-committee to meet the full Board of
Directors. Mr. Cohen stated a meeting had tentatively been scheduled for September 19th, but noted that may not
work out as there are several members of his committee who will not be able to attend. Mr. Cohen stated it was his
intention to ask the Board of Directors of the St. Vincent de Paul Society to publicly reaffirm the agreement they made
three years ago, in which they stated they would relocate from "B" Street.
Councilmember Cohen reported he and Mayor Boro had been working on another possible approach to this problem, and
there may be some prospects for optimism. However, he stated it would be premature to discuss it at this time, but
it was possible he would be able to report to the Council at the next meeting. Mayor Boro stated he had been
involved in discussions with various members of St. Vincent de Paul, and noted he wanted to pursue a solution he
and Councilmember Cohen could find that might work.
Councilmember Phillips thanked Councilmember Cohen for the report, noting this was an issue of interest to many people.
He then thanked Councilmember Cohen for his efforts over the last three years, noting this subject was very time
consuming.
There being no further business, the meeting was adjourned at 10:00 PM.
JEANNE M. LEONCINI, City Clerk
SRCC MINUTES (Regular) 9/5/95 Page 14
SRCC MINUTES (Regular) 9/5/95 Page 15
APPROVED THIS DAY OF 1995
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 9/5/95 Page 15