HomeMy WebLinkAboutCC Minutes 1987-09-21SRCC MINUTES (Regular) 9/21/87 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 21,
1987 AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a.
1. No. 87-19(a) - (#7). No. 87-19(b) - (#2).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 21,
1987 AT 8:00 PM.
Regular Meeting:
San Rafael City Council Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Maynard Willms, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
2. Approval of Minutes of Special
and Regular Meetings of September
8, 1987 (CC)
3. Acceptance of Statements of
Disclosure for Newly Appointed
Redevelopment Citizens Advisory
Committee Members: (CC) -
File 9-4-3 x (SRRA) R-140 #7
(a) L. Pyrit Stone
(b) Joyce Burkett
4. Bid Opening and Award of
Contract -335 Forbes Avenue
Drainage Improvements (PW) -
File 4-1-409
6. Extension of Time - Dominican
Estates Subdivision (PW) -
File 5-1-259
7. Resolution of Findings Re Appeal
of Handicapped Access Require-
ments - 926-930 B Street
(Garzoli Gallery) (PW) -
File 13-1-1
RECOMMENDED ACTION
Approved as submitted.
Accepted reports.
RESOLUTION NO. 7614 - AWARD OF
CONTRACT FOR WORK AT 335 FORBES
AVENUE DRAINAGE IMPROVEMENTS
PROJECT NO. 001-211501228000
(To W. R. Forde Associates,
low bidder, in amount of
$69,280.00).
Accepted status report; continued
action on time extension to meeting
of October 5, 1987.
RESOLUTION NO. 7615 - CITY COUNCIL
(IN ITS CAPACITY AS BOARD OF APPEALS)
GRANTING APPEAL FROM STATE ACCESS
REQUIREMENTS - 926-930 B STREET
(GARZOLI GALLERY)
8. Resolution of Findings Re Appeal RESOLUTION NO. 7616 - CITY COUNCIL
of Handicapped Access requirement - (IN ITS CAPACITY AS BOARD OF APPEALS)
1447 Fourth Street (Redwood Bank) GRANTING APPEAL FROM STATE ACCESS
(PW) - File 13-1-1 REQUIREMENTS - 1447 FOURTH STREET
(REDWOOD BANK)
10. Renewal of Contract with Insurance RESOLUTION NO. 7617 - AUTHORIZING
Consulting Associates (CA) - THE SIGNING OF A CONTRACT WITH
File 4-10-184 INSURANCE CONSULTING ASSOCIATES,
INC. (One year contract beginning
September 10, 1987, and terminating
at midnight, September 9, 1988).
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12. Resolution Authorizing Execution RESOLUTION NO. 7618 - AUTHORIZING
of Indemnity and Hold Harmless EXECUTION OF INDEMNITY AND HOLD
Agreement and Release in Favor HARMLESS AGREEMENT, AND RELEASE,
of the City of San Mateo Re: IN FAVOR OF CITY OF SAN MATEO
Motorcycle Training (PD) - RE: MOTORCYCLE TRAINING
File 4-10-178
14. Resolution Setting the 1987/88
Property Tax Rate (Fin) -
File 9-12-1
15. Claim for Damages:
Randy Jay Kimble (PD) -
File 3-1-1265
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7619 - FIXING THE
RATE OF TAXES FOR FISCAL YEAR
1987/88 (For payment of principal
and interest on general obligation
Open Space Bonds and the payment
of principal and interest on Terra
Linda Recreation District Bonds
assumed by City of San Rafael,
January 1, 1973 the sum of
$.005 - for each $100.00 of full
valuation)
Approved City Attorney's
recommendation for denial of claim.
Frugoli, Nave, Willms & Mayor Mulryan
5. MAINTENANCE AGREEMENT WITH STATE OF CALIFORNIA FOR HIGHWAY 101 WIDENING
PROJECT (PW) - File 4-8-13
Mayor Mulryan asked staff to contact the State to advise them of the
City's intent to get some self-help to assist in speeding up the land-
scaping, particularly at the southern end of the widening project.
Public Works Director Bernardi stated a landscape project for the
highway is within the State Transportation Improvement Plan (STIP)
but indicated he did not know what the exact extent of it was.
After further discussion, Mr. Bernardi stated he would set up a meeting
with State personnel, City personnel and Mayor Mulryan to discuss
the landscaping project, and to discuss landscaping of City streets
that are adjacent to the new soundwalls.
At the request of Councilmember Breiner, Mr. Bernardi indicated he
would contact Caltrans concerning their noise assessment study relating
to the sound wall and provide the information to the Council.
RESOLUTION NO. 7620 - APPROVING FREEWAY MAINTENANCE AGREEMENT (Highway
101 from Mission Avenue to 0.3 mile north of
Miller Creek Road Overcrossing)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. ACCEPTANCE OF DONATION FROM MONTECITO MARKET PLACE ASSOCIATES FOR
DREDGING OF SAN RAFAEL CANAL (PW) - File 6-44
Councilmember Frugoli asked Planning Director Moore about the remodeling
status of the Montecito Shopping Center.
Ms. Moore stated Montecito Shopping Center has filed applications,
noting Bryan Murphy and Associates are the project planners and that
a meeting is scheduled for next week to review their preliminary plans.
Councilmember Frugoli indicated he would like to see the Montecito
project on a "fast track" basis within the system of the Planning
Commission and staff so they could begin to recoup their deficits.
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Ms. Moore stated she would provide information to City Manager Nicolai
in chronological order, of the applicaticii of Montecito Shopping Center.
Councilmember Willms moved and Councilmember Nave seconded, to accept
the donation from the Montecito Market Place Associates for Canal
Dredging in the amount of $2,656.33, with a letter of appreciation
to be sent for their donation.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. REPORT ON BID OPENING FOR STACKING CHAIRS AND FOLDING TABLES FOR
RECREATION DEPARTMENT, REJECTING BIDS AND AUTHORIZING REBIDDING
(Rec) - File 4-2-218
Councilmember Frugoli asked staff to include a copy of the rejected
bids (bid summary sheet) with the staff report in the future for their
information.
RESOLUTION NO. 7621 - RESOLUTION REJECTING BIDS FOR PURCHASE OF
STACKING CHAIRS AND TABLES FOR THE RECREATION
DEPARTMENT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. RESOLUTION AUTHORIZING POLICE DEPARTMENT TO SUBMIT APPLICATION TO
THE OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) FOR MULTI -AGENCY DRUG
ENFORCEMENT GRANT (PD) - File 9-3-30
Item dropped from agenda as requested by Police Chief Ingwersen.
16. PUBLIC HEARING - CONSIDERATION OF REQUESTS FOR RATE INCREASES FROM:
(Fin) - File 4-3-32
a. MARIN SANITARY SERVICE FOR REFUSE COLLECTION
b. MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION FOR CURBSIDE
RECYCLING
16. a. MARIN SANITARY SERVICE FOR REFUSE COLLECTION
Mayor Mulryan declared the public hearing opened.
Finance Director Coleman stated item 16. a. is a request from Marin
Sanitary Service for a 17.6 percent increase for refuse collection
caused by the doubling of dumping fees at Redwood Sanitary Landfill
which accounts for 12Z percent of the total increase, and that the
balance represents cost -of -living and operating increases since the
last increase granted 18 months ago. Mr. Coleman added it also covers
dumping of the City's debris and indicated the recommended rate is
in line with previous rates granted the garbage company as well as
in Marin County.
Albert Bianchi, Attorney representing Marin Sanitary Service, reiterated
Finance Director Coleman's remarks and mentioned the cost increase
by Redwood Sanitary Landfill charging $12 per ton of waste is reasonable
when compared to $20 per ton of waste in Richmond. He also noted they
have requested that the County consider regulating Redwood's rates.
There being no further discussion, Mayor Mulryan closed the public
hearing.
Finance Director Coleman brought attention to corrections to the 17th
Amendment to Agreement, page 2, under "Each Additional Can", Level
areas, $4.10 per month should read $4.80 per month; and Hill areas,
$4.85 per month should be $5.35 per month.
RESOLUTION NO. 7622 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH
MARIN SANITARY SERVICE (REFUSE COLLECTION, RATES
EFFECTIVE OCTOBER 1, 1987) (17th AMENDMENT TO
AGREEMENT, with corrections)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 9/21/87 Page 3
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16. b. MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION FOR CURBSIDE
RECYCLING
Mayor Mulryan declared the public hearing opened.
Finance Director Coleman stated item 16. b. is a request from Marin
Recycling and Resource Recovery Association to increase the cost for
curbside recycling from .60 cents to $1.00 per month for each residential
unit. He indicated this program began in 1981 and has dramatically
increased from 4,000 tons to approximately 18,900 tons for the current
year. It became apparent that the program would not be able to operate
without a surcharge or subsidy because of the volatile nature of the
salvage rates which have fluctuated up and down in the past. The increase
of .40 cents reflects additional costs with the main reason being
to permit an increase for the non-union employees on the reycling
trucks so they may have a salary more in line with union employees
on the garbage trucks.
Albert Bianchi, Attorney for Marin Recycling and Resource Recovery
Association elaborated on the salaries of the employees now working
with recycling trucks and those on the garbage trucks, noting that
some people have left their jobs because of salary differences.
Councilmember Breiner suggested to Mr. Joe Garbarino, owner of Marin
Sanitary Service and Marin Recycling and Resource Recovery, that when
bills are sent out they state why the increases are occurring.
Mr. Joe Garbarino stated he has lost 85 percent of his employees because
of low wages since 1986.
Mr. Ray Swanson, resident of San Rafael, stated although he understood
the reason for the increase, he did not agree with it.
There being no further discussion, Mayor Mulryan closed the public
hearing.
RESOLUTION NO. 7623 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH MARIN SANITARY SERVICE AS AGENT FOR MARIN
RECYCLING & RESOURCE RECOVERY ASSOCIATION (18th
AMENDMENT TO AGREEMENT) (Recycled materials,
collection charge of $1.00 per month for each
residentialunit, effective October 1, 1987)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING - CONSIDERATION TO AMEND ORDINANCE NO. 1282 BY CHANGING
THE INCREMENTAL PENALTY FEES FOR DELINQUENCY OR FAILURE TO PAY THE
REQUIRED BUSINESS LICENSE FEE FROM TWENTY-FIVE PERCENT ON THE AMOUNT
DUE TO TEN PERCENT ON THE AMOUNT DUE (Fin) - File 9-10-2
Mayor Mulryan declared the public hearing opened.
Finance Director Coleman stated in the past when the rates were low,
25 percent for penalty fees, but now that the rates are
closer to the average, he feels the penalty after the normal time
requirement should be lowered so it becomes more in line with other
cities. Mr. Coleman recommended the late penalty be reduced from 25
percent per month to a maximum of 100 percent, to 10 percent per month
to a maximum of 60 percent.
In response to concerns by Council, Mr. Coleman stated there are not
many repeat "late payers", and that lowering the maximum to 60 percent
is recommended because of the survey he took of other cities which
showed a cap of 25 to 60 percent.
In response to Councilmember Frugoli's inquiry about sub -contractors
having business licenses, Mr. Coleman responded they have been working
on this for two months with the Building Department and indicated the
sub -contractors are cooperating.
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There being no further discussion, Mayor Mulryan closed the public
hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 10.04.080
OF CHAPTER 10.04, BUSINESS LICENSE, OF THE SAN RAFAEL MUNICIPAL CODE,
BY CHANGING THE INCREMENTAL PENALTY FEES FOR DELINQUENCY OR FAILURE
TO PAY THE REQUIRED BUSINESS LICENSE FEE FROM TWENTY-FIVE PERCENT
ON THE AMOUNT DUE TO TEN PERCENT ON THE AMOUNT DUE"
Councilmember Nave 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. 1540 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. REPORT ON VEHICLE WEIGHT AND SIZE LIMIT FOR FREMONT AND UPPER FREMONT
ROADS (PW) - File 11-5-1
With regard to posting of streets, Public Works Director Bernardi
stated that normally the City can restrict access to certain streets
but generally this is to divert truck traffic on main roads. The area
in question, however, is a deadend street and the Vehicle Code provides
that the City must allow access for delivery vehicles such as cement
trucks, PG&E trucks and Water District trucks and the City would be
precluded from enforcing those regulations.
Mr. Bernardi stated a copy of the staff report had been sent to Mr.
Harry Winters, President of the West End Neighborhood Association
who brought this concern to the Council.
Mayor Mulryan indicated he thought Mr. Winters was out of town and
suggested no action be taken unless the homeowners come back with
further observations.
Council accepted the report, without motion.
19. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1538 - REZONING
FROM P -D TO P -D (PLANNED DEVELOPMENT) DISTRICT TO RESTRICT THE MARIN
HOME IMPROVEMENT CENTER TO BULK ITEM RETAIL USES; AND PARTIAL REFUND
OF EAST SAN RAFAEL TRAFFIC MITIGATION FEES; 530 FRANCISCO BOULEVARD
WEST; McPHAIL'S, INC.; OWNER; RAY HOFFMAN, REP., AP 13-051-06 & 20
(P1) - File 10-3
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 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT. (530 Francisco Boulevard West)"
Councilmember Breiner moved and Councilmember Frugoli seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1538 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1539 - ORDINANCE
OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING TITLE 18 - PROTECTION
OF FLOOD HAZARD AREAS (PW) - File 12-9
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The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING
TITLE 18 - PROTECTION OF FLOOD HAZARD AREAS"
Councilmember Frugoli moved and Councilmember Willms seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1539 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. P87-6 REFERRAL FROM LAFCO FOR ANNEXATION OF THE UNINCORPORATED LOS
RANCHITOS AREA TO THE LAS GALLINAS VALLEY SANITARY DISTRICT, REQUEST
FOR WAIVER OF THE DUAL ANNEXATION POLICY (Pl) - File 149 x 5-2 x 10-2
Mayor Mulryan noted that staff was recommending waiver of the dual
annexation policy with respect to annexation of the unincorporated
Los Ranchitos area to the Las Gallinas Valley Sanitary District.
Planning Director Moore indicated that with the failing septic tanks,
the neighborhood has organized and hired Nute (Engineering) and presumably
will ultimately approve an assessment district to get the area served
by sewers.
Councilmember Willms questioned the 141 homes to be hooked up to the
Las Gallinas Sanitary District and the effect it will have if the
City wants to develop any future projects north of the hill, since
80 percent of the capacity is already used up with no plans to expand.
Planning Director Moore responded it was a good question because it
is not just a matter of the long term capacity of the plant, noting
they have not initiated any studies she is aware of to start moving
toward ultimate expansion. Also, Las Gallinas Valley Sanitary District
has an allocation system in effect with an arbitrary limit on the
number of hook-ups allowed per year but it has nothing to do with
their ability to serve. She stated some of the developments pending
in San Rafael have appeared before the District four or five times
with their attorneys in order to get authorized sewer hookups. Ms.
Moore stated she did not know what recommendation she could give except
to say the General Plan has specific implementation programs within
it whereby the City urges the Las Gallinas Sanitary District to initiate
the necessary study; however, she noted the District is an independent
district.
After further discussion, Council directed staff to write to LAFCO
to obtain information on the sewer hook-up allocation policy of the
Las Gallinas Valley Sanitary District, and that the item be brought
back to Council at a future meeting.
There being no further business, Mayor Mulryan adjourned the meeting and
acknowledged Administrative Assistant Alan Harry, who will be leaving
the City of San Rafael to accept a position with Half Moon Bay.
JEANNE ONCINI, Cit Clerk
APPROVED THIS DAY OF 1987
MAYOR OF THE CITY OF SAN RAFAEL
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