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