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HomeMy WebLinkAboutCC Minutes 1991-05-20SRCC MINUT! (Regular) 5/20/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 20, 1991, AT 7:00 P.M. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS - File 1.4.1.a No. 91-9(a) - #7 Discussion was not held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 20, 1991, AT 8:00 P.M. Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Lawrence E. Mulryan, Mayor Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE COMPLAINT RE SAN RAFAEL POLICE DEPARTMENT - File 100 x 9-3-30 Steven Fletcher, of 742 West Francisco Blvd., stated he has been the victim of alleged Police brutality and recommended that the Police Department budget be reduced by 50%. CONSENT CALENDAR Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 4. Extension of Time for Subdivision Improvements - RESOLUTION NO. 8400 - EXTENDING Marin Lagoon (PW) - File 5-1-313 TIME FOR THE COMPLETION OF IMPROVEMENT WORK - MARIN LAGOON SUBDIVISION (To and Including June 30, 1992) 5. Extension of Time for Subdivision Improvements - Spinnaker Point Unit 5 (PW) - File 5-1-263 7. Resolution of Appreciation for John Rumsey, Traffic Engineer (PW) - File 102 x 9-3-40 8. Approval of Partial Closure of Fourth Street and "A" Street for Dance, Classic Car Parade and Display Sponsored by Downtown Merchants Association on Saturday, May 25, 1991 (RA) - File 11-19 9. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1604 - 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 IN THE NORTHGATE ACTIVITY CENTER (RE Z91-2 - 101 & 111 SMITH RANCH ROAD) (P1) - File 10-3 11. Certificate of Completion - De -Annexation - Upper Toyon Drive Reorganization #2 (Pl) - File 5-2-90 RESOLUTION ON. 8401 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK - SPINNAKER POINT UNIT V (To and including June 28, 1991) RESOLUTION NO. 8402 - RESOLUTION OF APPRECIATION FOR JOHN RUMSEY, TRAFFIC ENGINEER Approved staff recommendation. Approved final adoption. RESOLUTION NO. 8403 - ACCEPTING CERTIFICATE OF COMPLETION FOR "UPPER TOYON DRIVE REORGANIZATION #2" (De -annexation) SRCC MINUTES (Regular) 5/20/91 Page 1 SRCC MINUTE: legular) 5/20/91 Page 2 14. Resolution Authorizing the Extension of the Agreement with Kay Sprinkel Grace to Conduct a Fund Raising Feasibility Study for Falkirk Cultural Center and The Boyd House (Cult.Affs.) - File 4-10-250 16. Resolution Declaring a Severe Fire Danger (FD) - File 9-3-30 17. Report on Annual Filings - Fair Political Practices Commission Forms 730, Statements of Economic Interests for Designated Employees, Including Consultants (CC) - File 9-4-3 18. Call for Applications re Expiration of Terms of Two Members of Planning Commission (CC) - File 9-2-6 19. Three (3) Pickup Trucks for Parks Division of Public Works: (Gen. Svcs.) - File 4-2-254 a. Resolution Rescinding Resolution No. 8386. Authorizing Purchase of Three Pickup Trucks for Use by the Parks Maintenance Division of the Department of Public Works (from Wayne Cross Ford) b. Resolution Authorizing Purchase of One (1) Pickup Truck from Wayne Cross Ford C. Resolution Authorizing Purchase of One (1) Pickup Truck from Wayne Cross Ford RESOLUTION NO. 8404 - AUTHORIZING THE EXPENDITURE OF FALKIRK MEMBERSHIP FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXTEND AN AGREEMENT (AN ADDITIONAL $1,920 FOR A TOTAL OF $10,245) WITH KAY SPRINKEL GRACE, ORGANIZATIONAL CONSULTANT, FOR PROFESSIONAL SERVICES TO CONDUCT A FUND RAISING FEASIBILITY STUDY FOR FALKIRK CULTURAL CENTER AND THE BOYD HOUSE (1/1/91 - 7/31/91) RESOLUTION NO. 8405 - DECLARING A SEVERE FIRE DANGER Accepted report. Approved staff recommendation to call for applications, deadline 6/11/91, Noon, and set date for interviews at Special Meeting 6/17/91, 6:30 P.M. RESOLUTION NO. 8406 - RESCINDING RESOLUTION NO. 8386, AUTHORIZING PURCHASE OF THREE PICKUP TRUCKS FOR USE BY THE PARKS MAINTENANCE DIVISION OF THE DEPARTMENT OF PUBLIC WORKS (from Wayne Cross Ford) RESOLUTION NO. 8407 - AUTHORIZING THE PURCHASE OF ONE PICKUP TRUCK FOR USE BY THE PARKS MAINTENANCE DIVISION OF THE DEPARTMENT OF PUBLIC WORKS (from Wayne Cross Ford, low responsible bidder, in the amount of $13,933.70) RESOLUTION NO. 8408 - AUTHORIZING THE PURCHASE OF TWO PICKUP TRUCKS FOR USE BY THE PARKS MAINTENANCE DIVISION OF THE DEPARTMENT OF PUBLIC WORKS (from Folsom Lake Ford, low responsible bidder, in the amount of $22,411.06) 20. Legislation Affecting San Rafael (CM) - Approved staff recommendation: File 9-1 SUPPORT: AB26 (Lancaster) Booking Fees. Repeal of SB2557. OPPOSED: AB1417 (Friedman) Public Safety Officers: Administrative Hearings. OPPOSED: SB208 (Kopp) Lawyer - Client Confidentiality: Elected Public Attorneys. OPPOSED: AB971 (Peace) Workers' Compensation: Fire- fighters. OPPOSED: AB933 (Umberg) Workers' Compensation: Fire- fighters. SUPPORT: AB434 (Sher) Vehicle Registration Fees. 21. Claim for Damages: Approved City Attorney's recommend- ation for denial of claim. a. Tad Travis (PW) Claim No. 3-1-1550 AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 5/20/91 Page 2 SRCC MINUTI Regular) 5/20/91 Page 3 The following items were removed from the Consent Calendar for discussion: 2. APPROVAL OF MINUTES OF SPECIAL MEETINGS OF APRIL 29, 1991, AND MAY 6, 1991, SPECIAL JOINT MEETING OF MAY 6, 1991, AND REGULAR MEETING OF MAY 6, 1991 (CC) - File 1-4 Vice -Mayor Breiner referred to the Minutes of the Special Meeting of April 29, 1991, on Page 5, third paragraph from the bottom of the page, in response to a question from Councilmember Shippey, it should read for clarification, "Mr. Strom responded it will still be there as an option, for users eastbound on Freitas"; on Page 7 of the same minutes, fifth paragraph, fifth line, it should read, "...since this has been a long term goal which precludes its use as an alternative to the Merrydale Overcrossinq_". Councilmember Shippey stated that on Page 7 of the same minutes, the last sentence should be changed by deleting the words, ..."it would go away", and substituting the words, "...the project would fail". Councilmember Shippey moved and Councilmember Boro seconded to approve the Minutes of the Special Meeting of April 29, 1991, as amended, and to approve the balance of the Minutes as submitted. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 3. REPORT ON BID OPENING AND AWARD OF CONTRACT - TERRA LINDA COMMUNITY CENTER PLAYGROUND IMPROVEMENTS (PW) - File 4-1-445 Councilmember Shippey inquired how much work is being done for the $67,223, and noted the amount of concrete and ground work. Public Works Director Bernardi referred to the Bid Summary attached to the staff report, and noted that much of it is engineering work. Recreation Director McNamee further explained that much of the concrete work is due to making it handicapped accessible, which includes removing areas of concrete in order to provide the proper slopes for ramps and to make the area wheelchair accessible. Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution awarding the bid for the project to Bauman Landscape, Inc. RESOLUTION NO. 8409 - RESOLUTION OF AWARD OF CONTRACT, TERRA LINDA COMMUNITY CENTER PLAYGROUND IMPROVEMENTS (To Bauman Landscape, Inc., lowest responsible bidder, in the amount of $67,223) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 6. RESOLUTION SETTING FORTH INTENTION TO ADOPT RESOLUTIONS OF NECESSITY FOR ACQUISITION OF PROPERTY FOR MERRYDALE OVERCROSSING PROJECT (PW) - File 11-1 x 4-13-80 x 4-3-216 x 9-3-40 x 10-2 x 11-16 Councilmember Boro inquired about signalization in the Overcrossing area, and Public Works Director Bernardi responded that the signalization will proceed as a separate project. Councilmember Shippey said he, too, was interested in the signalization issue, and asked for a map of the area since he had trouble following the Resolution. Vice -Mayor Breiner stated that the circulation in that entire area must be looked at, including the intersection with the Payless Drugstore access. She stated she would like the information back to the Council fairly soon. Councilmember Thayer inquired about the eminent domain issue, and where it is funded through. Mr. Bernardi responded that it is funded through the Assessment District. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution and set a Public Hearing for the meeting of June 17, 1991. RESOLUTION NO. 8410 - SETTING FORTH THE INTENTION OF THE CITY COUNCIL TO ADOPT RESOLUTIONS OF NECESSITY FOR ACQUISITION OF PROPERTY FOR THE MERRYDALE OVERCROSSING PROJECT AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 5/20/91 Page 3 SRCC MINUTE' (Regular) 5/20/91 Page 4 10. RESOLUTION WITH FINDINGS DENYING APPEAL OF PLANNING COMMISSION'S ADOPTION OF A NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A TENTATIVE MAP FOR A FOUR LOT SUBDIVISION; LINDEN LANE AND NEWHALL DRIVE; WILLIAM MOORHOUSE AND EDWARD NICOLAUS, REPRESENTATIVES AND OWNERS; LINDEN LANE HOMEOWNERS ASSOCIATION, APPELLANT; AP# 15-051-41 (Pl) - File 5-1-319 Vice -Mayor Breiner stated she has not had an opportunity to review the newly -revised Resolution, but she had previously had a concern regarding Condition (73). Planning Director Pendoley stated that the recent changes are marked in italics, and noted that on Condition (73) the building envelope for Lot 1 is now located at least 45 feet from the property line along Linden Lane, as requested. Also, at the end of that paragraph, regarding the setback for Lot 4, it now reads, ". . .shall retain a minimum of 25 feet from the edge of the existing pavement area on Newhall Drive". Mr. Pendoley pointed out there is also a change in Condition (80) where it states that the subdivision is approved for two years from May 6, 1991, unless renewed. The word was previously "until". Mr. Pendoley stated he had also received a letter from Ms. Cole, attorney for the Appellant, relating to Condition (67). He said he feels that the language represents the intent of the Council; however, if the Council shares Ms. Cole's concerns about residents being properly consulted, he could suggest a minor change in the wording, such as, ". . .shall be noticed and consulted" with regard to Design Review Board (DRB) meetings to make it clear that they would have a chance to speak at the DRB meeting. Councilmember Thayer stated that would be a beneficial change. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution with the amendment to Condition (67) as discussed by the Planning Director. RESOLUTION NO. 8411 - DENYING THE APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF A NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A TENTATIVE SUBDIVISION MAP, TS89-29, FOR A FOUR LOT RESIDENTIAL SUBDIVISION; LINDEN LANE AND NEWHALL DRIVE ("LINDEN LANE SUBDIVISION") WILLIAM MOORHOUSE AND EDWARD NICOLAUS, REPRESENTATIVES AND OWNERS; LINDEN LANE HOMEOWNERS ASSOCIATION, APPELLANTS (AP #15-051-14) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. STATUS REPORT ON CHILD CARE PROGRAMS IN THE DIXIE SCHOOL DISTRICT (Rec.) - File 4-10-188a Councilmember Shippey expressed concern about the mention in the staff report that the agreed-upon terms can be covered by the program unless there are not sufficient families using the program. Recreation Director McNamee explained that they usually plan their programs to have sufficient families to meet the cost, and hopefully they can get the word out to the community to have enough for an enrollment. She added that staff knows there is a need for these programs in the area. Councilmember Thayer inquired if Dixie School District is within the incorporated area of San Rafael, and Ms. NcNamee responded that it is not, but it is within the sphere of influence of the City. Councilmember Boro stated he would like to publicly commend the Dixie School Board for the approach that they have taken, which he feels is a real step forward. He added that parents can leave their children at a given site in the morning and pick them up at the same site at night without having them transported, and this is a positive step forward. Councilmember Boro moved and Councilmember Thayer seconded, to accept the report that the City's child care program at Don Timoteo School will soon move to Vallecito and Dixie Elementary Schools. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 13. RESOLUTION ACCEPTING A GRANT OF $9,000 FROM THE MARIN COMMUNITY FOUNDATION FOR THE FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL, FOR MULTI -CULTURAL PROGRAMMING AND AUTHORIZING EXECUTION OF THE AGREEMENT (Cult. Affs.) - File 194 Councilmember Boro stated he assumes we will get input from the Hispanic and Southeast Asian community as we proceed with the planning for the program. SRCC MINUTES (Regular) 5/20/91 Page 4 SRCC MINUTE° Regular) 5/20/91 Page 5 Library/Cultural Affairs Director Stratford responded that there is a resource group which is called for in the grant, and is actually in existence at this time, and they will help in planning the program. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution accepting the grant. RESOLUTION NO. 8412 - ACCEPTING A GRANT OF $9,000 FROM THE MARIN COMMUNITY FOUNDATION FOR THE FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL, AND AUTHORIZING EXECUTION OF THE AGREEMENT AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 15. RESOLUTION OF APPRECIATION FOR FRED DEKKER, CULTURAL AFFAIRS COMMISSIONER (Cult. Affs.) - File 102 x 9-2-24 Councilmember Boro recommended a presentation be arranged due to Mr. Dekker's 17 years of service on the Commission. Vice -Mayor Breiner responded that an event is being planned. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution of Appreciation for Fred Dekker. RESOLUTION NO. 8413 - RESOLUTION OF APPRECIATION (To Fred Dekker, Cultural Affairs Commissioner) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan APPOINTMENT OF CULTURAL AFFAIRS COMMISSIONERS - File 9-2-24 Vice -Mayor Breiner reported that the Council had met earlier in the evening and interviewed the last applicant for the Cultural Affairs Commission vacancies. She announced that the Council had reappointed James Boughey, and had appointed Beatriz Manzo to the Cultural Affairs Commission. SPECIAL PRESENTATION 22. CERTIFICATE OF APPRECIATION PRESENTED TO THE EMPLOYEES OF THE CITY OF SAN RAFAEL FOR THEIR PARTICIPATION IN LAST YEAR'S UNITED WAY CAMPAIGN (CM) - File 109 Mr. Jeffrey Butler, Systems Manager of VIACOM Cable TV, representing United Way, presented Vice -Mayor Breiner with a plaque in appreciation to the City of San Rafael employees who contributed over $7,000 to last year's campaign. City Manager Nicolai stated that Sharon Andrews, Administrative Assistant of her office, had been the person responsible for the success of the campaign among the City's employees. 23. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 912 LINCOLN AVENUE (LAS CAMELLIAS RESTAURANT) (PW) - File 13-1-1 Vice -Mayor Breiner opened the Public Hearing. Public Works Director Bernardi informed the Council that the owners of the restaurant at 912 Lincoln Avenue wish to abate a hazard which exists in the front of their building, consisting of a porch which is partially constructed of unreinforced masonry. When demolishing the porch, the owners wish to extend the front of the restaurant building to the sidewalk. According to State law, there is a mandated requirement for disabled access to the front entry at the restaurant. The applicant feels that if a ramp were to be required it would be an unreasonable hardship, since almost 50% of the space to be added to the building would be taken up by the ramp. This would lead to a net loss of seating from the existing situation. In addition, there is an entry ramp at the side entry to the restaurant which was added some years ago to provide handicapped access. Mr. Bernardi stated that his office had contacted the Marin Center for Independent Living, but have not received a reply. He stated that staff is recommending that the City Council, sitting as the Board of Appeals, determine after hearing all testimony that this would prove an unreasonable hardship on the applicant. He further recommended that staff be directed to prepare an appropriate Resolution with findings and bring it back for adoption at the next meeting. SRCC MINUTES (Regular) 5/20/91 Page 5 SRCC MINUTI (Regular) 5/20/91 Page 6 Councilmember Thayer inquired if anyone else had been contacted besides the Marin Center for Independent Living, and Mr. Bernardi stated that organization is the City's resource in these cases. Vice -Mayor Breiner stated it would be appropriate for staff to work with the applicant to make sure that the sign directing people to the ramp at the side is appropriate. Huqh Murphy, architect for the project, representing owner Fred Divine, informed the Council that he agrees with the staff report. There being no further public input, the Public Hearing was closed. Councilmember Thayer moved and Councilmember Shippey seconded, to approve the staff recommendation and direct them to prepare a Resolution with Findings to be brought back at the next meeting. Ms. Thayer added she was glad to see the owners taking steps to correct their unreinforced masonry. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 24. ED90-44 - ENVIRONMENTAL AND DESIGN PERMIT FOR KAISER HOSPITAL, NEW MEDICAL OFFICE BUILDING AND PARKING AND CIRCULATION PLAN ADJACENT TO THE BUILDING; 99 MONTECILLO ROAD; KAISER FOUNDATION HOSPITAL, OWNER; KATHLEEN G. WOOD, REP.; AP# 175-060-57 kPl) - File 10-7 Planning Director Pendoley briefed the Council on the project, stating that in February of 1989 the Kaiser Hospital proposed a Master Plan for future development of their campus. He traced the project through its various stages, to approval of the Use Permit in June of 1989. The approval of the Use Permit was appealed and on August 7, 1989, the City Council had denied the Appeal and approved the Use Permit and Zone Change for the Master Plan. Mr. Pendoley noted that Condition (e) of the Master Plan Use Permit approval required that the Environmental and Design Review Permit for the Medical Office Building (MOB) and the parking and circulation plan for the lower lot adjacent to the MOB be reviewed by the Design Review Board (DRB) and the Planning Commission, and approved by the City Council prior to issuance of building permits. Mr. Pendoley reported that this project has been before the DRB on six occasions, and Kaiser has held six neighbor- hood meetings. He stated it has been a long, arduous process and he thanked the Kaiser team for their efforts. He stated they had worked with the neighborhood, the staff, and the DRB, and he is grateful for their cooperation. Attorney Albert Bianchi, representing Kaiser, thanked the staff for their cooperation and guidance. John Kouletsis, architect for the project, showed the Council a model of the MOB, and drawings of the proposal. He thanked the Planning staff, and the neighbors on LeClaire Court. He stated that they were a great help. Mr. Kouletsis reported that they had reduced the mass of the building as much as possible, while retaining the neighborhood concept. Councilmember Boro inquired if the elevator shafts and mechanical equipment are screened. Mr. Kouletsis responded that there will be no duct work on the roof, and they will paint the air-conditioning equipment to minimize their impact as seen from above. Mr. Pendoley added that the DRB had looked at that issue very carefully and, with the exception of the view from the Kaiser tower, it will not be noticed. Councilmember Shippey inquired about the circulation of the traffic through the parking lot. Mr. Kouletsis showed a site plan model with plantings and indicated the circulation pattern. He noted that there will be very little traffic in the LeClaire Court area. Also, there will be a 15 -foot planted barrier; and there will be two entrances so there will not be congestion on the street. Mr. Kouletsis then explained the ramp which leads to the upper parking, and that it will have a height limitation bar so it cannot be used by trucks. However, it could be used in an emergency by an ambulance. Councilmember Shippey inquired if the Council will be addressing the issue of the temporary parking during construction, and Mr. Pendoley responded that parking will need a Use Permit and will be a separate issue at a later date. Councilmember Thayer recommended a review in a ten-month period, to see if there is a problem with the neighbors, on this phase. Mr. Bianchi stated that the Aldersgate Church parking lot is not going to be used, due to the neighbors' concerns. He said they are developing other sites, and noted they will be on a short-term basis. SRCC MINUTES (Regular) 5/20/91 Page 6 SRCC MINUTES'—egular) 5/20/91 Page 7 Councilmember Thayer commended the Kaiser team on their efforts with the neighbors. Mr. Kouletsis responded that they will be having one or two more meetings regarding design of the wall on the LeClaire Court side. Vice -Mayor Breiner stated that, although this is not a public hearing, if anyone wished to speak on this project, they might do so at this time. Ruby Edgar, a resident of LeClaire Court expressed her concern regarding the windows in the south end of the building, and also the terrace, and said it would intrude on her privacy. Mr. Kouletsis stated there was some confusion, since when they had some neighborhood meetings the model of the MOB was not completed. He explained that the south side of the building, adjacent to LeClaire Court only has windows on the second floor for the gymnasium which is part of the Physical Therapy program. There is also an exercise room, and the windows are only to allow light into the room. The terrace will be used only for outdoor exercises for patients and not for coffee and lounging. He added that the closest house is 150 feet from the terrace, and while there may be some visual issues, that end is not to be used for general office use. He added that the MOB will be closed at 5:00 P.M., and there should be no one in the area in the mornings to look toward LeClaire Court. Mr. Pendoley suggested the Council may want to have staff do an amendment to the wording for the final fence to be brought back to the DRB, and also the landscaping. He stated this problem is easily dealt with, and 150 feet is a significant distance. Vice -Mayor Breiner recommended a condition stating that the terrace is for medical uses only. Councilmember Boro inquired if the windows will have vertical blinds, and Mr. Kouletsis responded that all windows will have some covering. He stated that the existing planting will, in the next four or five years, effectively block any views from the second story windows. Councilmember Boro moved and Councilmember Shippey seconded, to approve the Environmental and Design Review ED90-44 for the Medical Office Building and the parking and circulation plan for the lower lot adjacent to the Medical Office Building, and to include in the approval the wording of conditions as suggested by the Planning Director. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution approving ED90-44, also that there be periodic review of the parking lot. RESOLUTION NO. 8414 - APPROVING THE ENVIRONMENTAL DESIGN REVIEW PERMIT FOR A NEW MEDICAL OFFICE BUILDING AND THE PARKING AND CIRCULATION PLAN FOR THE LOWER LOT ADJACENT TO THE MEDICAL OFFICE BUILDING (Re: ED90-44 - 99 Montecillo Road) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Mr. Pendoley added that there will be conditions on the Use Permit for offsite parking. 25. CITY COUNCIL REPORTS a. DISCUSSION OF MAJOR CRIMES TASK FORCE (PD) - File 4-10-114 x 9-3-30 Vice -Mayor Breiner expressed concern that while the City's budget is being cut, the Major Crimes Task Force is looking for a substantial increase. She recommended they make an attempt to cut their increases, possibly cutting back on overtime. Police Chief Ingwersen explained that the interest income from the Asset Forfeiture Account is helping to fund some of the costs (re radio, new cars, etc.). He stated that there is an Oversight Committee with members of the Board, members appointed by MCCMC, as well as the City Managers' group. Basically, this budget has been submitted and approved by them. Vice -Mayor Breiner commented that this year it is to be handled a little differently from the past, according to (Novato City Manager) Phil Brown's memo. City Manager Nicolai stated that this was to be approved in concept at this time. Mrs. Breiner asked how much this meant the City would pay. Councilmember Boro answered that it was up $5,000. Ms. Nicolai stated it is not as high as it was several years ago. Chief Ingwersen confirmed this. SRCC MINUTES (Regular) 5/20/91 Page 7 SRCC MINUTEST Zegular) 5/20/91 Page 8 Councilmember Boro stated that this increase did not appear to be consistent with other cities in the County. Chief Ingwersen responded that the formula is different for each city and the County, according to population and assessed valuation. Mr. Boro stated that the population within the County did not go up 10% as did the City of San Rafael. Chief Ingwersen stated that the County pays 50% of the first 6 people and then approximately 2/3rds of the next three. Mr. Boro suggested consider- ing other agencies' requests on the budget to put in perspective the scope of the City's budget. He stated he did not understand why this was not sent through the normal process. Ms. Nicolai stated that this item would be discussed at the time of the budget hearings. Chief Ingwersen stated that this was brought up at the request of Vice -Mayor Breiner and he was not asking for approval at this time. Ms. Nicolai noted there was a philosophical difference in the procedure that makes it a component of the Police Department budget. She stated one problem that is involved in this and the Humane Society budget is that the City is a member of the JPA, which makes it more difficult to follow the changes made from other juris- dictions. She suggested they might want to find someone on the Oversight Committee who would "watch dog" the activities around these items, noting that this procedure is difficult because there are over 11 jurisdictions involved in this task force and when one change is made, the other jurisdictions have to be notified which is very time-consuming. Councilmember Boro suggested they might want to check on the Oversight Committee to see who might be available to oversee this item. Ms. Nicolai suggested City Managers Phil Brown and Chuck Cate, and from MCCMC Paul Chignell. Councilmember Shippey stated they should get a better understanding of the formula as to why San Rafael is paying 10% more than other cities. Ms. Nicolai stated that it does not have anything to do with the cost of living, noting it is a very complex formula. Vice -Mayor Breiner stated there was no consistency in the increased figures - one place indicates the agency contributions are up 6.4% and in another place it is indicated as a 9% increase. Chief Ingwersen stated that the budget itself has gone up totally 9% - with 6.4% being funded by the cities and the differential being funded by the Asset Forfeiture Account. Vice -Mayor Breiner stated that this needs more attention and discussion by the Oversight Committee. She suggested the possibility of using a small percentage of funds from the Asset Forfeiture Account for out-of-pocket costs. Ms. Nicolai then asked Ms. Breiner to confirm that she meant to use some of the principal. Ms. Breiner answered to a small extent when there are major expenditures such as the new police radio. Ms. Nicolai suggested bringing this up at MCCMC because this would be a policy decision, indicating there is a policy from the Managers' group directed toward the Major Crimes Task Force, not to use drug asset seizure funds specifically in order to build the account up so that it will fund the whole operation. She stated that whenever the principal is used in this account, it decreases the interest made on this amount. Ms. Breiner stated that maybe this could be resolved with a tighter lid placed on the overtime and the forfeiture account, therefore, is not touched. Ms. Nicolai responded that overtime has much to do with when the incident occurs and this cannot be planned. Chief Ingwersen stated that when police officers get into a drug transaction, they cannot stop because the time runs out. Ms. Breiner asked Chief Ingwersen if this task force used the regular types of hours like the shifts in a city police department. He answered they do not, stating it is a totally different and specialized unit and noting it is strictly all investigative work. The officers' hours are shifted to work whatever hours are necessary in a particular investigation, and many of their days are 12 to 14 hour days because when they get involved in a drug transaction, they could end up in any part of the Bay Area. Councilmember Thayer asked how the salaries are set on this task force and are they compatible with salaries in various other police departments. Chief Ingwersen indicated that each officer brings their own salary with them from their own agency. Councilmember Boro stated as he looked at the enclosed material, there is a raise of $9,000 which is approximately 11%, indicating these are very big increases. He asked if these salaries included benefits and Chief Ingwersen answered affirma- tively. Mr. Boro expressed concern that the rate of increase might be more for this agency than for a city. Ms. Nicolai responded that the problem the Task Force has is that they have to estimate for different contingencies than the cities. She stated that these figures could be an estimate. Ms. Breiner stated that this may be an overly generous estimate and Chief Ingwersen indicated he thought it was a 5% increase. Mr. Boro stated that all together, benefits and salaries,.the total increase is 10% and he was concerned about this. Chief Ingwersen stated that these questions would probably be best directed to the representatives of the MCCMC who sit in review of the budget for this task force, noting these representatives have tentatively accepted this budget as it is now. SRCC MINUTES (Regular) 5/20/91 Page 8 SRCC MINUTE' Regular) 5/20/91 Page 9 Mr. Boro suggested that Ms. Breiner check with Mr. Chignell and get more information on this decision. City Manager Nicolai stated that she could not see going through MCCMC to do a line item review of this budget. She suggested having a subcommittee of this Council meet with Walt Kosta and possibly one of the Oversight Committee members to go over this budget and report back to the Council in more detail. She also suggested that after learning more about this, the Council might want to bring this up at MCCMC and see if they might want to set up a different system. Ms. Breiner agreed with this. ADD ITEMS: b. COUNTYWIDE PLANNING COMMITTEE - ST. VINCENT'S/SILVEIRA PROPERTIES - File 191 x 9-2-45 Councilmember Boro moved and Councilmember Shippey seconded, to put this item on the agenda as an Urgency Item. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Councilmember Boro called attention to a letter from the City of Mill Valley, dated May 10, 1991, specifically the top of Page 3, regarding St. Vincent's/Silveira. He reminded the Council that about a month ago they passed a Resolution asking the Countywide Planning group that they defer any planning for this particular site, and defer that to the Committee which San Rafael now has underway. He stated that this letter does not seem to support that, and the Planning Director has written a Resolution on that issue. Mr. Boro added that the next item on the page, regarding Downtown Novato and Downtown San Rafael, he did support, but it seemed a little unrealistic and he did not think some other cities with a downtown would want to take this approach. He noted that the East San Rafael approach seems to be consistent with our Council's position on the Canalways site. Mr. Pendoley stated that in the Resolution, he tried to explain that the Advisory Committee, which is working on the Opportunities and Constraints Analysis, is a City/County effort and that the Planning Director of the County is a member of that committee, as well as a member of the Board of Supervisors. He stated that Council has directed very specifically that the Committee should consider amendments to today's General Plan. He said he made clear in the wording that this is not just a study, but is intended to yield amendments to the General Plan. He also pointed out that an amendment to the Countywide Plan prior to completion of the work of the Committee could seriously compromise the effort. He said another point is to urge the Countywide Planning Agency to recommend land use designations and policies which are consistent with those in San Rafael's General Plan today, so everyone would be at the same starting point for the Advisory Committee. He also is asking the Countywide Planning Agency to recommend policies which would have that property revisited when the City's Advisory Committee completes its work and Council has made any amendments that choose to in the General Plan. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, noted she was quite concerned about the letter from Mill Valley, and is very pleased that staff had time to draft the Resolution. She stated there is a meeting Thursday night, and she urged that the Council be represented. She stated she plans to be there and will get others who are affordable housing advocates to come also. Vice -Mayor Breiner inquired about the statement at the top of Page 3 in the Mill Valley letter, regarding the County not deferring designation of an appropriate land use because the County's plan could be rendered invalid. She asked if that was a true fact. Mr. Pendoley responded he does not think so, pointing out that all staff asked is that they defer making any changes, but they did not ask them to leave a part of their plan without land use designation. This would not be consistent with State law. Mr. Boro stated that originally they asked to discontinue their existing zoning until our Plan was complete, and now Council is asking if they would adopt our existing zoning, knowing that it will be changed somewhat based on the Silveira/ St. Vincent's study. Vice -Mayor Breiner suggested another option which would be to call Housing and Community Development (HCD) and state to them that this is the most controversial piece of property in the County, and could it be labeled a "study area" and no SRCC MINUTES (Regular) 5/20/91 Page 9 SRCC MINUTES ,Regular) 5/20/91 Page 10 one's plan would be considered invalid, considering the ongoing Opportunities and Complaints Analysis. Mr. Pendoley stated he will give the Office of Planning and Research a call. He added that staff has consulted with a number of experts, trying to find as much as possible about the law, which they did not find, but they will not leave any avenue unexplored. Councilmember Shippey stated that the Resolution was very well written in a short time and he supported it. Councilmember Thayer stated she has not had much time to reflect on it, having just received the letter from Mill Valley and Resolution, but she does not find much wrong with the letter; however, noting as Councilmember Boro stated, that there is a problem on Page 3. She stated that this troubled her because Council is trying to do their plan concurrently with the County. Councilmember Boro explained that the Council has already taken action a month ago, and wanted to have it clarified more. He stated they have already written to Countywide Planning suggesting this and now a city (Mill Valley) is writing back opposing this. He wanted to reaffirm the prior statement and strengthen it further. Councilmember Shippey explained that they are concentrating on the Resolution at this time, noting it is easier to go through that than to address the Mill Valley letter at this late hour. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution, as discussed. RESOLUTION NO. 8415 - REGARDING THE UPDATE OF COUNTYWIDE PLAN LAND USE DESIGNATIONS FOR THE ST. VINCENT'S/SILVEIRA PROPERTIES AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan C. LEGISLATIVE BILL RE MOBILEHOME PARKS - File 13-7-1 x 9-1 Councilmember Shippey moved and Councilmember Thayer seconded, to put this item on the Agenda as an Urgency Item. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan City Manager Nicolai stated she was made aware of AB 945, Mobilehome Parks: Acquisition by Eminent Domain (Ferguson) by Stan Yates. She noted that it prohibits a local agency, with certain exceptions, from acquiring an existing mobilehome park by Eminent Domain. She recommended that she write a letter expressing opposition. Councilmember Shippey moved and Councilmember Boro seconded, to direct staff to write to Sacramento in opposition to the proposed AB 945. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan d. CITY BUDGET HEARING DATES - File 8-5 (Verbal) City Manager Nicolai asked the Council to set dates for the Budget Hearings. Tuesday, June 18th and Wednesday, June 19th were (tentatively) chosen. Ms. Nicolai stated they will start early. There being no further business, the meeting was adjourned at 9:30 P.M. JEAN LEONCINI, a y Clerc - APPROVED THIS DAY OF , 1991 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/20/91 Page 10