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HomeMy WebLinkAboutCC Minutes 1989-09-05SRCC MINUTES (Regular) 9/5/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 1989, at 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - FILE 1.4.1.a 1. No. 89-15(a) - V. No reportable action was taken. Litigation was not discussed. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 1989, AT 8:00 PM. Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk ANNOUNCEMENT Vice -Mayor Breiner announced that the Council had met earlier this evening to interview candidates for a vacancy on the Cultural Affairs Commission and also a vacancy on the Fire Commission. She stated that Fred McClendon had been appointed to fill the unexpired term to the end of April, 1993, on the Cultural Affairs Commission, and that Lynn Finkelstein was appointed as an alternate on the Cultural Affairs Commission, with term expiring at the end of August, 1993. Richard Heine was appointed to the Fire Commission, to serve the unexpired term to the end of March, 1993. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Regular Meeting of August 7, 1989 (CC) 3. Call for Applications to Serve on the Park and Recreation Commission Due to the Resigna- tion of Steven F. Arago (CC) - File 9-2-4 5. Resolution Approving 1989/90 Tax Rate (Fin) -File 9-12-1 Recommended Action Approved as submitted. a)Accepted resignation; b) Called for applications w/deadline for receipt 12 Noon, 9/26/89 in City Clerk's Office; c) Set special meeting for interviews, 6:30 PM, 10/2/89 to fill unexpired term to end of May, 1990. RESOLUTION NO. 8022 - FIXING THE RATE OF TAXES FOR FISCAL YEAR 1989/90 (For payment of principal and interest on Terra Linda Recrea- tion District Bonds assumed by City of San Rafael - 1-1-73 the sum of $.005) 6. Resolution Amending the 1988/89 RESOLUTION NO. 8023 - AMENDING THE Budget (Fin) -File 8-5 1988/89 BUDGET 9. Resolution Authorizing Appropri- RESOLUTION NO. 8024 - APPROPRIATING ation of $45,000 from the $45,000 FROM THE DAVIDSON BEQUEST Davidson Bequest to Supplement FOR THE LIBRARY BOOK BUDGET, FISCAL Library Book Budget (Lib) - YEAR 1989/90 File 8-20 x 9-3-61 SRCC MINUTES (Regular) 9/5/89 Page 1 SRCC MINUTES (Regular) 9/5/89 Page 2 10. Required Progress Report on Accepted progress report. Public Residential Care Facilities Work Hearing to be held 9/18/89 to con - Program (P1) - File 10-5 sider extension of Interim Urgency Ord. 1567. 11. Resolution Authorizing Execution of Fifth Modification to Joint Powers Agreement with Marin County Open Space District for Open Space Management (PW) - File 4-13-45 x 4-13-69 x13-14.1 RESOLUTION NO. 8025 - AUTHORIZING THE VICE -MAYOR AND CITY CLERK TO SIGN FIFTH MODIFICATION TO JOINT POWERS AGREEMENT WITH MARIN COUNTY OPEN SPACE DISTRICT FOR PREPARATION OF OPEN SPACE LAND MANAGEMENT PLAN. 12. Resolution of Intention to RESOLUTION NO. 8026 - RESOLUTION Vacate Sewer Easement at 69 Chula OF INTENTION TO VACATE SANITARY Vista Drive (PW) - File 2-12 SEWER EASEMENT AT 69 CHULA VISTA DRIVE, SAN RAFAEL, CALIFORNIA (A.P. NO. 11-011-14) 13. Resolutions of Appreciation for RESOLUTION NO. 8027 - RESOLUTION Henry "Babe" Ghilotti and Elmo OF APPRECIATION TO HENRY "BABE" Maggiora, Construction Industry GHILOTTI Men of the Year - 1989 (CM) - File 102 RESOLUTION NO. 8028 - RESOLUTION OF APPRECIATION TO ELMO VINCENT MAGGIORA 4. 7. AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan The following items were removed from the Consent Calendar for discussion: REPORT ON BID OPENING AND AWARD OF CONTRACT FOR PARAMEDIC AMBULANCE (FD)- File 4-2-238 Councilmember Thayer questioned whether Fire Chief Marcucci had knowledge of the reputation and qualifications of the Sierra Rescue Vehicle and Equipment Company,being designated as lowest bidder meeting the City's specifications for a Paramedic Ambulance. Chief Marcucci assured the Council that Sierra is a very reputable firm and have furnished equipment to the Novato Fire District and also Marin County. He added that he has inspected that equipment and is well satisfied with its quality. Councilmember Thayer moved and Councilmember Frugoli seconded, to adopt the Resolution awarding the contract to Sierra Rescue Vehicle and Equipment Company. RESOLUTION NO. 8029 - AUTHORIZING THE PURCHASE OF ONE PARAMEDIC AMBULANCE UTILIZING EQUIPMENT REPLACEMENT FUNDS (From Sierra Rescue Vehicle and Equipment Company for $71,017.40, lowest bidder meeting City's specifications). AYES: COUNCILMEMBERS: Boro, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Frugoli, Thayer & Vice -Mayor Breiner Mulryan MEMORANDUM OF UNDERSTANDING (MOU) WITH SAN RAFAEL FIREMENS' ASSOCIATION (TWO-YEAR AGREEMENT) (CM) - File 7-8-2 Councilmember Boro stated he would be voting against this Memorandum of Understanding (MOU) because he feels it is precedent -setting and has not been thought through. He noted it amounts to a 13% increase over the next two years, and he is considering the City's fiscal projections. Mr. Boro added that his feelings have nothing to do with the fire fighters, whom he considers to be the finest in the County, and that SRCC MINUTES (Regular) 9/5/89 Page 2 0 SRCC MINUTES (Regular) 9/5/89 Page 3 he admires them. However, he feels that with setting this level of agreement with this body it will affect the negotiations with the other bodies within the City. He stated that before the Council passes on something like this they should look to the future, and he feels that at this time this is not a fiscally responsible move. He added he hopes that when negotiations are conducted with the other bodies they will look to the 1990/91 budget. He stated that from his calculations, and from the staff report, the expenditure would be $325,000 this year and $350,000 next year with the full 13% increase. He noted that this involves one-third of City personnel. Mr. Boro then called attention to Item 2 B. in the staff report, where the date 9/1/90 should be 1/1/90. Councilmember Frugoli pointed out that there was no outside negotiator, and he feels the fire fighters deserve this kind of pay increase. He stated it is precedent setting, but he feels it is fair. Councilmember Thayer agreed that San Rafael has a superb Fire Department, but stated she is concerned about the budget and future income. She added that in the long run it is fiscally responsible because it would cost the City a lot more if good personnel is lost because of better conditions elsewhere. Vice -Mayor Breiner stated she admires the Fire Department, but that the City will have to look to ways to cut other costs. Councilmember Boro stated that the record should be kept straight, and he believes that San Rafael has not lost people through wages. He noted that throughout the State the cost of living increase is 5.4% and it is expected to go to 5.9% next year. He stated that the real issue is, in the negotiations with the other units the City will have to know what the impact is going to be. Councilmember Frugoli moved and Councilmember Thayer seconded,to adopt the Resolution approving the MOU with the San Rafael Firemens' Association. RESOLUTION NO. 8030 - AMENDING RESOLUTIONS NOS. 6650, 7166 AND 7878 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (Two -Year Agreement) AYES: COUNCILMEMBERS: Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: Boro ABSENT: COUNCILMEMBERS: Mayor Mulryan RESOLUTION AMENDING MASTER FEE SCHEDULE (RESOLUTION NO. 7553) "SECTION 12.3 - FALKIRK" TO AMEND RENTAL FEES (Cult. Affs.) - File 9-10-2 x 9-3-84 Vice -Mayor Breiner questioned paragraph 5, page 2 of the staff report, and asked that it be amended to state that new folding chairs will be rented for the below market price of $.75 per chair, only for major weekend events of 50 guests or more. Vice -Mayor Breiner moved and Councilmember Thayer seconded, to make the above amendment to the schedule. AYES: COUNCILMEMBERS: Boro, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Frugoli, Thayer & Vice -Mayor Breiner Mulryan Councilmember Boro moved and Councilmember Frugoli seconded, to adopt the Resolution revising rental rates at Falkirk. RESOLUTION NO. 8031 - AMENDING THE MASTER FEE SCHEDULE (RESOLUTION #7553) "SECTION 12.3 - FALKIRK", REVISING RENTAL RATES AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 9/5/89 Page 3 SRCC MINUTES (Regular) 9/5/89 Page 4 14. PUBLIC HEARING - TO CONSIDER AN ORDINANCE RE: SALE OF CITY -OWNED PROPERTY LOCATED AT 346 MOUNTAIN VIEW AVENUE, SAN RAFAEL, CALIFORNIA AP #15-263-13, TO HARRY RODRIGUES OF 18 SEA WAY, SAN RAFAEL, CALIFORNIA, 94901, AS REQUIRED BY ARTICLE VII, SECTION 7, OF THE SAN RAFAEL MUNICIPAL CODE (RA) - File 2-7 x 2-4 Jake Ours, Assistant Executive Director of the Redevelopment Agency, briefed the Council, stating that the final bid from Harry Rodrigues was $336,000, after being increased by $10,000. He added that the property was acquired for $215,000 in connection with the settlement of a claim for flood damages. Vice -Mayor Breiner declared the public hearing opened. There being no public input, the public hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY LOCATED AT 346 MOUNTAIN VIEW AVENUE, SAN RAFAEL, CALIFORNIA TO HARRY RODRIGUES OF 18 SEA WAY, SAN RAFAEL, CALIFORNIA 94901" Councilmember Frugoli moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1568 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 15. PUBLIC HEARING - RE: SMITH RANCH HOMES: (CA) - FILE 5-1-290 a. ANNUAL REVIEW OF DEVELOPMENT AGREEMENT FOR SMITH RANCH HOMES RETIREMENT PROJECT AND MCINNIS PARK APARTMENTS AFFORDABLE HOUSING PROJECT LOCATED ON REDWOOD DRIVE NORTH OF SMITH RANCH ROAD. b. REQUEST FOR AMENDMENT TO THE DEVELOPMENT AGREEMENT. Vice -Mayor Breiner opened the public hearing and continued it to the meeting of September 18, 1989, at the request of the developer's attorney. 16. PUBLIC HEARING - Z88 -5(b) - REZONING APPLICATION FOR A PLANNED DEVELOPMENT OF 25 SINGLE FAMILY UNITS - LAUREL GLEN; 26 SAN PABLO AVENUE; BONNIE DEGENHARDT/THE DANE GROUP, OWNERS: CRAIKER ASSOCIATES, REP.; AP 179-321-40 (P1) - File 5-1-301 x 10-3 Planning Director Pendoley briefed the Council, stating that on August 15, 1989 the Planning Commission conditionally approved the use permit, design review and tentative map applications and agreed to recommend the rezoning to the City Council for approval. Mr. Pendoley explained that this is a planned development of 25 single family homes and attached townhouses known as Laurel Glen. He stated that the application was originally approved as a 24 unit project, which included a condition regarding provision of at least 10% of the units affordable to moderate income households at 80 to 100% of median income for at least 40 years. He added that to satisfy this condition, the applicant has submitted plans for an additional duplex which contains two 1,500 square foot Below Market Rate (BMR) units. Mr. Pendoley stated that the action required of the City Council is to approve the rezoning only. Councilmember Thayer inquired about the calculations for BMR units, if there is a fraction, and Mr. Pendoley explained that if there is a fraction it goes to the lower number if less than half and to the higher number if more than half. He added that the Design Review Board redesigned the project several times to decrease the amount of grading and the visual impact. In response to a question from Councilmember Thayer regarding low density, Mr. Pendoley replied that this low density for hillside areas is compatible with the General Plan. He added that the improvements on this site had already begun before final adoption of the General Plan. SRCC MINUTES (Regular) 9/5/89 Page 4 SRCC MINUTES (Regular) 9/5/89 Page 5 Ms. Thayer stated there should be a report on low density residential developments on hillsides, and Mr. Pendoley responded that at the beginning of the calendar year he is required to make a report to the Council on the status of the General Plan. He added there are a number of properties which are not designated as hillside which staff now feels should have been so designated. Vice -Mayor Breiner opened the Public Hearing. Paul Jensen, representing Craiker Associates and The Dane Group, confirmed that this property had already been graded before the General Plan was adopted. There being no further public input, the Public Hearing was closed. Councilmember Boro moved and Councilmember Frugoli seconded, to adopt the Resolution certifying a Negative Declaration for Laurel Glen. RESOLUTION NO. 8032 - CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE TO AMEND TITLE 14 (ZONING) OF THE MUNICIPAL CODE FOR REZONING OF PROPERTY LOCATED AT 26 SAN PABLO AVENUE TO P -D (PLANNED DEVELOPMENT) DISTRICT TO ALLOW DEVELOPMENT FOR LAUREL GLEN, A 25 UNIT RESIDENTIAL PROJECT (AP 179-321-40) AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 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 14.15.020 SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM 'U' (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (Laurel Glen - 26 San Pablo Avenue)" Councilmember Boro moved and Councilmember Frugoli seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1569 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 17. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1564 - AN ORDINANCE OF THE CITY OF SAN RAFAEL - ADDING TITLE 20 TO THE MUNICIPAL CODE OF SAN RAFAEL ENTITLED MOBILEHOME RENT STABILIZATION ORDINANCE (CM) - File 13-7-1 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL - ADDING TITLE 20 TO THE MUNICIPAL CODE OF SAN RAFAEL ENTITLED MOBILEHOME RENT STABILIZATION ORDINANCE" Councilmember Frugoli moved and Councilmember Thayer seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1564 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 18. DISCUSSION OF SHEEP GRAZING PROGRAM (PW) - File 4-10-158 x 9-3-40 x 13- 14-1 x 4-10-212 SRCC MINUTES (Regular) 9/5/89 Page 5 SRCC MINUTES (Regular) 9/5/89 Page 6 Vice -Mayor Breiner briefed the Council, recalling that when this subject was discussed last January there had been no rain, and that normally the sheep would be grazing between January and March. She stated that at the time the Council made their decision the mowing did not seem necessary, and that the rain had come late in March. Ms. Breiner stated she regrets the recent terrifying experience of the neighbors in the area of the recent grass fire. She stated that is the reason for tonight's discussion, and noted that the Open Space Management Plan is presently being prepared. Public Works Director Bernardi called attention to the time line for the Open Space Management Plan, which indicates that the plan would be brought back for final adoption by the end of the year. He added that any directions to staff regarding the sheep should be done in connection with the Open Space Management Plan, and with the decision as to whether they should be allowed to graze in one place for a long time, or roam. Councilmember Frugoli stated that the Council should not wait for this program to be in place before calling for sheep herders, and perhaps find that it is too late in the season. He added that the City should look to staff so that the grazing program could be in place in February or March. He stated that this is one phase of the Management Plan which should be started on immediately, and that a shepherd should be looked for now. Vice -Mayor Breiner pointed out that it would be difficult to have a contract signed until the Plan is completed, and Mr. Frugoli responded that the contract cannot be so rigid that it would be difficult to get a shepherd, but the City should have a commitment by the time Spring comes in 1990. Councilmember Boro pointed out that last year's decision was due to lack of rain, but that the City is spending $50,000 on how to control the open space. He agreed that due to the circumstances the sheepherders should be contacted. John Quin -Harkin addressed the Council, stating he would like to work with the Department of Public Works in finding a shepherd immediately so that he would be ready to graze the sheep in the Spring. Vice -Mayor Breiner asked Mr. Bernardi if he has enough information on what has been determined in the Plan to communicate with a shepherd, and Mr. Bernardi responded that he has discussed it with the consultant, and everything will come together at the right time. He stated he has also discussed it with ranchers. Councilmember Frugoli agreed to work with Mr. Bernardi on finding a sheepherder. Vice -Mayor Breiner stated she would like an ongoing status report on the Consent Calendar at each meeting, to keep track of what is happening. 19. NEIGHBORHOOD MEETING PROCEDURES (P1) - File 10-2 x 115 Planning Director Pendoley briefed the Council, stating that the proposed procedures were put together by staff and the Planning Commission, and the intention is that the procedures be mandatory on all major projects and ones with neighborhood impacts. He stated that the response from neighborhood groups has been positive. Councilmember Boro stated that the procedure has been formalized in a very good manner, and Councilmember Thayer added she appreciates the work. Mr. Pendoley responded that this was the work of Curt Johnston, and he will pass on the Council's comments. Vice -Mayor Breiner mentioned that if a neighborhood association has more than one key person they should be notified also, in event someone is away at the time a meeting notice is received. She also suggested one revision, on page 2 of the staff report, paragraph (7), that the words "At least" should be added before 1115 days prior to the meeting..." Councilmember Boro noted that some organizations have a designated alternate. SRCC MINUTES (Regular) 9/5/89 Page 6 SRCC MINUTES (Regular) 9/5/89 Page 7 Councilmember Boro moved and Councilmember Frugoli seconded, to accept the staff report and direct staff to prepare a Resolution adopting the procedures, for the Council agenda of September 18, 1989. AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 20. RESOLUTION APPROVING AMENDMENTS TO THE AGREEMENT WITH THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Fin) - File 4-10-202 Finance Director Coleman informed the Council that there are two major changes to the Agreement, the first of which is a change in the Board of Directors. Currently, the CJPIA is governed by a Board which is composed of ten members, seven of whom must be charter members who started the CJPIA. The remaining three board members are elected by the fifteen associate members. He stated that the proposed amendments would create a 22 member board with a representative from each member agency and a seven member Executive Committee which could be composed of a President and Vice President and five other members elected by the full Board. Mr. Coleman stated that the second major change would reduce the requirement for approval of changes to the JPA from 90% to 75%. The name of the authority will also change to the "California Joint Powers Risk Management Authority". Councilmember Frugoli moved and Councilmember Boro seconded, to adopt the Resolution amending the CJPIA. RESOLUTION NO. 8033 - APPROVING AMENDMENTS TO THE AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan ADD ITEMS I INSUFFICIENT PLANS SUBMITTED TO PLANNING DEPARTMENT - File 10-2 Vice -Mayor Breiner requested staff to bring back a report regarding plans being submitted which are insufficient, including some where it is questionable whether they were drawn by an Architect. II REROUTING OF TRAFFIC IN THE DOMINICAN AREA DUE TO USAGE OF DOMINICAN AUDITORIUM WHILE CIVIC CENTER AUDITORIUM IS UNDERGOING EARTHQUAKE REPAIRS - File 11-1 Vice -Mayor Breiner requested that a report be brought back with input from the Traffic Committee, with regard to circulation and rerouting of traffic within the Dominican area during the repairs to the Civic Center auditorium. City Manager Nicolai informed the Council that she has contacted Jim Farley of the County staff and will meet with him together with Traffic Engineer John Rumsey and Sergeant Arnie Juge representing the Police Department. There being no further business, the meeting was adjourned at 8:55 PM. APPROVED THIS JEANgVt LEONCINI, CityC er day of 1989 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/5/89 Page 7