HomeMy WebLinkAboutCC Minutes 1998-10-05SRCC MINUTES (Regular) 10/5/98 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 21, 1998 AT
8:00 PM
Regular Meeting: Present: Gary O. Phillips, Vice -Mayor
San Rafael City Council Paul M. Cohen,
Councilmember
Cyr N. Miller, Councilmember
Absent: Albert J. Boro, Mayor
Barbara Heller, Councilmember
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CLOSED SESSION - 7:00 PM:
None.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
PM
RE: LAP SWIMMING AT TERRA LINDA RECREATION CENTER POOL - File 9-3-65 x 100
8:05
Lisa Moskow, resident of San Rafael, requested the lap swimming program be
expanded, with more time scheduled for lap swimmers at the Terra Linda
Recreation Center pool. She noted that currently the program can accommodate
only nine swimmers for one hour daily, and this was not sufficient. City
Manager Gould reported last week Community Services Director Carlene McCart
wrote a memo to the Council indicating the Community Services Department
recognizes it must make some changes to the schedule at the Terra Linda Swim
Center; however, as Ms. Moskow pointed out, balancing the needs of the lap
swimmers, the High School, the ORCA Swim Club, and free swimmers was difficult,
given the popularity of the pool. Mr. Gould stated there was a recognition that
more time needed to be scheduled for lap swimming, and felt the City would be
able to address Ms. Moskow's concern.
CONSENT CALENDAR:
Councilmember Cohen moved and Councilmember Miller seconded, to approve the
following Consent Calendar items:
ITEM RECOMMENDED ACTION
1
2
3
4
Approval of Minutes of Regular Meeting of Monday, Approved as
submitted.
September 21, 1998 (CC)
Request for City of San Rafael Amicus Participation Approved amicus
participation.
(CA) - File 9-3-16
Howard Jarvis Taxpayers Association, et al.
v. City of San Diego (Court of Appeal, Fourth
Appellate District, Division One, No. D0313448)
Summary of Legislation Affecting San Rafael
- Im;io 0-1
City Work Plan Review (CM) - File 237 x 9-1
(CM) Approved staff
recommendation:
Proposition 11, Local
Sales and Use Taxes
Revenue Sharing
Legislative Constitutional
Amendment: SUPPORT.
Accepted report.
5. Resolution Creating Bicycle/Pedestrian Advisory RESOLUTION NO. 10318
8
kv
Committee (CM) - File 9-2-55 x 9-3-65 x 9-3-40
Resolution Approving Final Map Entitled "Map of
Smith Ranch Homes, Unit 2C" (PW)
- File 5-1-290
RESOLUTION
ESTABLISHING A BICYCLE AND
PEDESTRIAN ADVISORY
COMMITTEE.
RESOLUTION NO. 10319
RESOLUTION APPROVING
FINAL
MAP ENTITLED "MAP OF SMITH
RANCH HOMES, UNIT 2C11, SAN
RAFAEL, CALIFORNIA (PART
OF SMITH RANCH HOMES
MASTER PLAN).
Resolution Approving Participation in State Office
of Traffic Safety ("OTS") Enforcement Grant (PD)
RESOLUTION NO. 10320
RESOLUTION APPROVING
SRCC MINUTES (Regular) 10/5/98 Page 1
- File 4-10-305 x 9-3-30
SRCC MINUTES (Regular) 10/5/98 Page 2
THE USE
OF TRAFFIC SAFETY GRANT
FUNDS IN THE AMOUNT OF
$275,000 FOR A TRAFFIC
SAFETY IMPROVEMENT AND
SERIOUS TRAFFIC OFFENDER
PROGRAM (To fund two
additional Police Officers
and purchase a radar
advisory trailer).
AYES: COUNCIL ERS: Cohen, Miller, & Vice -Mayor Phillips
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: Heller & Mayor Boro
ABSTAINING: COUNCIL ERS: Phillips (from minutes of meeting of
Monday,
9/21/98 only, due to absence from
meeting).
The following items were removed from the Consent Calendar for further
discussion:
6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1731 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE
(CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030
(DEFINITIONS) FOR DWELLING UNIT AND SECOND DWELLING UNIT AND TO ADD A
DEFINITION FOR KITCHEN; AND AMEND SECTION 14.16.020 (ACCESSORY STRUCTURES);
AND AMEND SECTION 14.16.275 (SITE AND USE REGULATIONS) TO INCLUDE THE
PROVISION FOR THE AMORTIZATION OF NONCONFORMING DWELLING UNITS CREATED BY
THE REVISED DEFINITIONS (CD)
- File 10-13 x 10-1 x 10-3 x 10-6 x 115
Vice -Mayor Phillips announced he had been absent from the Council meeting
of Monday, September 21, 1998, at which this Ordinance had been introduced
and passed to print. However, he reported he had reviewed the minutes of
that meeting, and read the staff report presented with the Ordinance,
noting he felt comfortable in taking a position on this item.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL
MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION
14.03.030 (DEFINITIONS) FOR DWELLING UNIT AND SECOND DWELLING UNIT AND TO
ADD A DEFINITION FOR KITCHEN; AND AMEND SECTION 14.16.020 (ACCESSORY
STRUCTURES); AND AMEND SECTION 14.16.275 (SITE AND USE REGULATIONS) TO
INCLUDE THE PROVISION FOR THE AMORTIZATION OF NONCONFORMING DWELLING UNITS
CREATED BY THE REVISED DEFINITIONS"
Councilmember Cohen moved and Councilmember Miller seconded, to dispense
with the reading of the Ordinance in its entirety, and to refer to it by
title only, and approve final adoption of Charter Ordinance No. 1731 by the
following vote, to wit:
AYES: COUNCIL ERS: Cohen, Miller & Vice -Mayor Phillips
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: Heller & Mayor Boro
7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1732 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE
SECOND AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("SECOND
AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE
CITY OF SAN RAFAEL SECOND AMENDED PLAN, AND MAKING CERTAIN FINDINGS
PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA
(CD) - File 140 x (SRRA) R-140 XVII (1998)
Vice -Mayor Phillips announced he had also had an opportunity to review the
record regarding this item, and felt he was sufficiently informed to make
an informed vote.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND
ADOPTING THE SECOND AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT
PLAN ("SECOND AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION
PREPARED FOR THE CITY OF SAN RAFAEL SECOND AMENDED PLAN, AND MAKING CERTAIN
FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF
CALIFORNIA"
SRCC MINUTES (Regular) 10/5/98 Page 2
SRCC MINUTES (Regular) 10/5/98 Page 3
Councilmember Cohen moved and Councilmember Miller seconded, to dispense
with the reading of the Ordinance in its entirety, and to refer to it by
title only, and approve final adoption of Charter Ordinance No. 1732 by the
following vote, to wit:
AYES: COUNCIL ERS: Cohen, Miller & Vice -Mayor Phillips
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: Heller & Mayor Boro
Councilmember Cohen reported Community Development Director Bob Brown had
given a follow-up report concerning illegal units, and stated he would like
to have those follow-up steps presented at a duly noticed public meeting,
so interested members of the public could be informed as to the steps the
Department is taking, and what has been the follow-up so far on the
additional points Council directed staff to pursue after adoption of the
Ordinance. City Manager Gould stated the report would also be shared with
the Federation of San Rafael Neighborhoods and the North San Rafael
Coalition of Residents at their meeting next Thursday.
SPECIAL PRESENTATIONS:
10. INTRODUCTIONS OF NEW EMPLOYEES
Police Department - File 9-3-30
Police Captain Mike Cronin introduced the four newest members of the Police
Department: Police Cadets Melissa A. Joves and Rachel L. Rodriguez, members
of the newly adopted Police Cadet Program; and two new Police Officers,
Ronda S. Reese, formerly with the Sheriff's Department, and Christopher J.
Robles, formerly with San Anselmo Police Department. Police Chief Cam
Sanchez presented badges to Cadets Joves and Rodriguez, and welcomed the
four newest members to the Police Department, stating they were all doing a
great job, and he looked forward to having them in the Department.
Fire Department - File 9-3-31
Fire Chief Bob Marcucci introduced Fire Prevention Officer Steven D. Riggs,
reporting Officer Riggs had attended Terra Linda High School and Oklahoma
State University, where he earned a Bachelor of Science Degree in Fire
Protection Engineering, and then worked in the private sector, most
recently in the Fire Marshal's Office of Stanford University. Chief
Marcucci explained Officer Riggs would be a Fire Inspector, taking the
place of Bradley Mark, who has taken the place of former San Rafael
Hazardous Materials Officer Forrest Craig.
Management Services - File 9-3-20
Assistant City Manager Ken Nordhoff introduced Sherry A. Mason, Customer
Service Clerk. He reported Ms. Mason comes from a background of both
finance and customer service, and has been a real benefit to the Management
Services Department, working at the Finance front counter. He noted she is
also a San Rafael resident.
Vice -Mayor Phillips welcomed all of the new employees to the City of San
Rafael.
PUBLIC HEARING:
11. PUBLIC HEARING - CONSIDERATION OF ORDINANCE ADDING CHAPTER 4.20 AND
REPEALING CHAPTERS 4.12 AND 4.16 OF THE MUNICIPAL CODE. THIS IS IN
RESPONSE TO SENATE BILL 1082 OF 1993 WHICH ESTABLISHED THE "CERTIFIED
UNIFIED PROGRAM AGENCY" (CUPA) REGULATORY SCHEME WITHIN THE CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY AND THE FEBRUARY, 1997 DESIGNATION OF THE
CAL -EPA OF THE SAN RAFAEL FIRE DEPARTMENT AS THE CUPA FOR SAN RAFAEL (FD)
9-3-31 x 1-6-4
Vice -Mayor Phillips asked for the staff report.
Fire Marshal Keith Schoenthal reported that since the early 19701s, when
Council first adopted a Uniform Fire Code, the Fire Department has been
involved with hazardous materials. He stated the 1971 UFC (Uniform Fire
Code) included chapters regulating both hazardous material and flammable
liquid, including underground tanks.
Fire Marshal Schoenthal reported that in the early 1980's the State of
California, because of contamination of groundwater wells in the Silicon
Valley, from the industries located there, enacted statutes regulating
underground storage tanks from an environmental standpoint. At that early
SRCC MINUTES (Regular) 10/5/98 Page 3
SRCC MINUTES (Regular) 10/5/98 Page 4
stage, our Fire Department did not become involved, because it was strictly
an environmental standpoint; however, in the 1980's the San Rafael Fire
Department, along with many other local governments, but none in Marin
County, adopted regulations with regard to hazardous material management
plans. He noted this was actually prior to the State enacting legislation
in that area, and at that time, included some environmental regulations, as
well as the Fire Code regulations. In 1989, when the Fire Department had
the opportunity to bring the environmental portion of the underground tank
regulations back to the City, the Council enacted an Ordinance regarding
those regulations. It was also at that time that the Fire Prevention staff
was increased by creating the position of Deputy Fire Marshal and Hazardous
Materials Coordinator.
Fire Marshal Schoenthal reported that in 1993 the State passed legislation
unifying all of the State's Hazardous Materials Programs within Cal -EPA,
and those provisions were later to become known as CUPA, Certified Unified
Program Agency. He noted the only State program that was added, and which
the Fire Department was not already regulating, was Hazardous Waste. In
1997, after public hearings conducted by the Cal -EPA, the San Rafael Fire
Department, along with the County of Marin, were both certified as CUPA's
within the County. Fire Marshal Schoenthal explained the Ordinance now
before Council would codify that process at the City level, and adopt
language into the Municipal Code that mirrors the State's legislative and
regulatory actions.
Fire Marshal Schoenthal pointed out one of the things the Fire Department
has included, which is not in the State provisions, is the Department's
desire to regulate acutely hazardous materials, such as chlorine gas, in
the commercial and residential areas. He stated these provisions would be
very similar to what the Fire Department provides with regard to flammable
liquids above ground, and liquified petroleum gas.
Vice -Mayor Phillips declared the public hearing opened, and invited public
comment.
There being no public comment, Vice -Mayor Phillips closed the public
hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER
4.20, "CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)" TO THE SAN RAFAEL MUNICIPAL
CODE, AND REPEALING CHAPTERS 4.12 AND 4.16 OF THE SAN RAFAEL MUNICIPAL
CODE".
Councilmember Miller moved and Councilmember Cohen seconded, to dispense
with the reading of the Ordinance in its entirety, and to refer to it by
title only, and pass Charter Ordinance No. 1733 to print, by the following
vote, to wit:
AYES: COUNCIL ERS:
NOES: COUNCIL ERS:
ABSENT: COUNCIL ERS:
COUNCIL ER REPORTS:
12. None.
Cohen, Miller & Vice -Mayor Phillips
None
Heller, & Mayor Boro
There being no further business to come before the City Council, the
meeting was adjourned at 8:20 PM.
SRCC MINUTES (Regular) 10/5/98 Page 4
SRCC MINUTES (Regular) 10/5/98 Page 5
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1998
VICE -MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 10/5/98 Page 5