HomeMy WebLinkAboutCC Minutes 1989-02-21SRCC MINUTES (Regula 2/21/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 21,
1989, AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 89-3 (a) - #1 - Marie F. Ghilotti vs. City of San Rafael.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 21,
1989, AT 8:00 PM.
Regular Meeting:
San Rafael City Council
Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Joan Thayer, Councilmember
Absent: None
Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti,
City Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following Consent Calendar items:
2.
3.
Item
Approval of Minutes of Regular
Meeting of February 6, 1989 (CC)
Resolution Authorizing Mayor
and City Clerk to Execute Below
Market Rate Agreement between
City of San Rafael and Spinnaker
Point Partnership Re Spinnaker
Point Unit 5 Subdivision (Pl) -
File 5-1-263
5. Report on Bid Opening and Award
of Contract - Protective
Clothing for Fire Department
Use (FD) - File 4-2-234
MP
Resolutions Approving Contract
with Municipal Resource
Consultants for Sales Tax
Audit and Reports and Designating
MRC as Authorized Representative
to Examine Sales and Use Tax
Records (Fin) - File 4-3-212 x
8-10 x 8-5
Resolution Authorizing
Acceptance of Grant from Marin
Community Foundation for
Child Care Scholarships (Rec) -
File 4-10-229 x 194 x 226 x 9-3-65
Recommended Action
Approved as submitted.
RESOLUTION NO. 7912 - AUTHORIZING
THE SIGNING OF BELOW MARKET RATE
AGREEMENT BETWEEN CITY OF SAN
RAFAEL AND SPINNAKER POINT
PARTNERSHIP RE SPINNAKER POINT
UNIT 5 SUBDIVISION (To provide
five of 48 units for BMR Sales
to moderate income families, or
to pay in -lieu fees)
RESOLUTION NO. 7913 - AUTHORIZING
PURCHASE OF FIREFIGHTER PROTECTIVE
CLOTHING FROM CASCADE FIRE
EQUIPMENT OF MEDFORD, OREGON
(Low bidder. Unit price of $216.75
for coats and $145.75 for trousers.
Funds provided from Capital Outlay
Budget)
RESOLUTION NO. 7914 - AUTHORIZING
SIGNING OF AGREEMENT WITH MUNICIPAL
RESOURCE CONSULTANTS FOR SALES
TAX AUDIT AND REPORT SERVICES.
(For one year, from March 1, 1989
thru February 28, 1990, at a cost
of $5,000).
RESOLUTION NO. 7915 - DESIGNATING
MUNICIPAL RESOURCE CONSULTANTS
AS THE AUTHORIZED CITY REPRESENTATIVE
TO EXAMINE SALES AND USE TAX RECORDS.
RESOLUTION NO. 7916 - AUTHORIZING
SIGNING OF GRANT AGREEMENT #89-260
WITH THE MARIN COMMUNITY FOUNDATION
FOR PICKLEWEED CHILD CARE
SCHOLARSHIPS (In the amount of
$3,000 for a period from January
1, 1989 to June 30, 1989)
SRCC MINUTES (Regular) 2/21/89 Page 1
SRCC MINUTES (Regula: 2/21/89 Page 2
11.
Resolution Amending Resolution
RESOLUTION NO. 7917 - AMENDING
No. 7857 to Provide for $1,500
RESOLUTION NO. 7857 BY REDUCING
Per Month Salary Reduction for
THE MONTHLY SALARY OF THE CITY
City Attorney Position, Effective
ATTORNEY (From $5,795.27 TO
February 16, 1989 (CA) - File
$4,295.27, Effective February
7-3 x 9-3-16
16, 1989)
12.
Acceptance of Statements of
Accepted reports.
Disclosure Re Property Interests
a. Pamela J. Nicolai, City Manager
within the Central San Rafael
b. Gary T. Ragghianti, City Attorney
Redevelopment Project Area: (CC)
- c. Tessie Belue, Assistant City
File 9-4-3
Attorney
d. Mary R. Casey, Deputy City
a. City Manager
Attorney
b. City Attorney
c. Assistant City Attorney
d. Deputy City Attorney
13.
Legislation Affecting San Rafael
Supported ACA 1 (McClintock)
(CM) - File 9-1
Requirement for State to
Appropriate Funds in Advance for
Mandated Local Costs.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Thayer
4.
REPORT ON CITY'S SLOPE ORDINANCE
(P1) - File 10-1 x 10-2
Councilmember Breiner was concerned about the Slope Ordinance, noting
although the ordinance revision is a priority one project, that it
might be sometime before completion, perhaps in 1990 or 1991. She
suggested that priority settings be made.within the group of the priority
one category, stating many more applications will be coming in for
residential development on slopes. She suggested no further development
be built on lots above a 40 percent slope; or, adopt, on an interim
basis, an ordinance that is stronger than the ordinance the City has
at the present time.
Mayor Mulryan referred to a graph drawing submitted by Mr. Harry Winters,
President of West End Neighborhood Association on slopes over 40 percent,
and asked Planning Director Pendoley to review it.
Mr. Pendoley stated that first priority is being given to the Zoning
Ordinance of which the Slope Ordinance would be a part as proposed
by the General Plan. He noted he could bring back to Council, the
implications of what it would take to have the Slope Ordinance revised
sooner, but emphasized that the Zoning Ordinance is of the first priority.
He also indicated that cost implications will be involved.
Councilmember Boro suggested staff survey Slope Ordinances from other
cities in the Bay Area and attempt to adopt something that has worked
in other communities that would meet our needs.
Mr. Pendoley replied this will be done, but noted the difficulty would
be the decision process.
Mr. Harry Winters, President of West End Neighborhood Association,
suggested two alternatives: a) Adopt an interim solution on a short
term basis until staff revises a formal Slope Ordinance. b) Do not
accept anymore subdivision applications on slopes greater than 11
percent until the revision is done; or, adopt on an interim basis,
only the portion of the Slope Ordinance which defines the lot size
versus the slope.
Council accepted the report.
City Attorney Ragghianti stated the law does support the imposition
of an administrative freeze in connection with the issuance of building
permits or the processing of subdivision applications, so long as
the instructions given to staff require them to come back within a
reasonably swift period of time with a new ordinance. The alternative
is to adopt an ordinance. Mr. Ragghianti stated his concern is that
SRCC MINUTES (Regular) 2/21/89 Page 2
2
SRCC MINUTES (Regula. 2/21/89 Page 3
staff have clear instructions as to what they are to do with subdivision
applications that come in between tomorrow morning and the date when
a modified ordinance is to be adopted.
Mayor Mulryan asked for clarification by Mr. Ragghianti, of whether
Council could, tonight, pass an administrative freeze on anything
over 40 percent pending a report possibly at the next meeting from
the Planning Director. Mr. Ragghianti replied Council could do so.
Councilmember Breiner moved and Councilmember Boro seconded, to have
a freeze on acceptance of subdivision applications on property with
a 40 percent or greater slope, for a period of four weeks.
AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Thayer
Councilmember Frugoli stated he voted against the motion because he
felt a public hearing should be held first before having a restriction
on the Slope Ordinance.
City Attorney Ragghianti advised Council not to adopt the Building
Permit prohibition, noting it is clear to him that the law permits
an administrative freezing of the processing of a subdivision for
a four week period to see whether the Planning staff wishes to present
an Ordinance for Council's consideration.
In response to Attorney Perry Litchfield's request for noticing of
this proposal to allow the public time to address the Council on this
issue, City Attorney Ragghianti made it clear that the freeze is not
a moratorium in the sense that the Planning law speaks of in (Government
Code) Section 65858, but noted if the Council wishes to permit the
public to comment, it is the Council's prerogative.
CONSIDERATION OF PROPOSALS FOR 1989 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS (CM) - File 147
Mayor Mulryan asked staff for clarification on the allocations for
the planning area totalling $210,894, yet the projects listed do not
total that amount.
City Manager Nicolai explained that the total of $210,894 includes
every non-profit group in the County and not just for San Rafael.
Councilmember Breiner asked if Council would be receiving a copy of
proposals from the CDBG staff for their review, and Ms. Nicolai replied
as soon as she receives copies she will send them to the Council,
noting the application deadline is February 28, 1989. Mrs. Breiner
requested that Council provide her with comments on the proposals
prior to the Priority Setting Committee workshop.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
accept the staff report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Thayer
CONVERSION OF GRANT POSITION TO PERMANENT CITY POSITION FOR CRIME
ANALYST, POLICE DEPARTMENT (PD) - File 9-3-30 x 7-3 x 7-8-3
Mayor Mulryan asked if this position was an increase of one person
on the Police Department staff, and City Manager Nicolai responded
it has been a grant funded position for three years, and the incumbent
has submitted a resignation. She said for the past three years, the
grant needed matching funds for various functions. The grant is now
expired and the matching commitment that has been there for three
years covers this position, thus it would transfer to fund this position.
Basically, it would be the same kind of monetary commitment going
into next year as we have had in the past.
After further discussion, Councilmember Frugoli moved and Councilmember
Boro seconded, to adopt the Resolution.
SRCC MINUTES (Regular) 2/21/89 Page 3
SRCC MINUTES (Regula: 2/21/89 Page 4
RESOLUTION NO. 7918 - AMENDING RESOLUTION NO. 7656 BY CREATING THE
NEW CLASSIFICATION OF CRIME ANALYST. (Salary
range from $2,419.02 to $2,907.00).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Thayer
10. REPORT ON NORTHGATE CRIME PREVENTION OFFICE (PD) - File 9-3-30
Councilmember Boro stated he had spoken with Jock Miller, operator
of a retail store adjacent to the Crime Prevention Office at Northgate
Shopping Center about the intensity of its useage.
City Manager Nicolai stated Officer Eubanks, Crime Prevention Officer,
spoke with Mr. Miller and described to him what the scope of the use
of the office will be, and that Mr. Miller was satisfied.
Councilmember Boro moved and Councilmember Frugoli seconded, to authorize
the Chief of Police to use Drug Asset Seizure Funds to complete construc-
tion on Northgate Mall Crime Prevention Office, with the amount not
to exceed $30,000.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Thayer
(Councilmember Frugoli left meeting and did not return.)
14. BOARD OF APPEALS HEARING - 1301-1311 FOURTH STREET, RE ABATEMENT OF
DANGEROUS BUILDING (PW) - File 3-3-44
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated at the meeting of February 6,
1989, Council ordered that a public hearing be held to consider what
action had been taken with regard to the property at 1301-1311 Fourth
Street. He stated at that time, no plans had been submitted by the
required deadline but plans have now been submitted on February 13,
1989. He noted staff has preliminarily reviewed the plans and it looks
good and Public Works will be in a position to issue a building permit
by Friday, March 3, 1989. A further condition is that once the permit
is issued, they will have three days to start the work and proceed
diligently to complete construction. Mr. Bernardi stated that 30 days
also coincides with the Council meeting of April 3, 1989 and recommended
that this public hearing be continued until that time for further
status report as to the progress of the work.
Mr. Bernardi noted if the 30 -day period is not met by Friday, March
3, 1989, it would be extended beyond that date. Staff would come to
Council in the interim to set the public hearing.
Councilmember Boro asked that the public hearing be set now for March
6, 1989, for the continuation of the public hearing in the event the
permit is not pulled.
Mayor Mulryan continued public hearing to March 6, 1989.
15. REPORT ON 346 MOUNTAIN VIEW AVENUE (PW) - File 4-1-423 x 2-5-19
Public Works Director Bernardi stated the project at 346 Mountain
View Avenue is nearly completed and all drainage work has been done;
also, the interior improvements to the house have been completed.
Mrs. Alice Vipiano and Mrs. Sue Bowser, who live next door, have reviewed
the plans for the carport and have indicated if the gate could be
substituted, which is high enough to screen any drainage improvements
in back, they would be satisfied with that and not insist on the carport.
Staff is therefore recommending that Council delete from directions
to them, the construction of the carport and to ratify the gate construc-
tion.
Councilmember Breiner moved and Councilmember Boro seconded, to adopt
the recommendation to delete the carport construction previously autho-
rized and to construct a screening gate instead.
SRCC MINUTES (Regular) 2/21/89 Page 4
SRCC MINUTES (Regula. 2/21/89 Page 5
AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli & Thayer
Mr. Bernardi stated the risk assessment has been done and the Engineer's
report is being submitted which assesses the risk to the property
in question as well as the two adjacent properties. The engineer
indicated the risk to adjacent properties is virtually zero and the
risk to the house owned by the City has been reduced to an acceptable
level so that the residence can be safely occupied. He asked Council
if they were comfortable with the Engineer's report that Council decide
if they want to go through the process of declaring it surplus and
disposing of the property.
After further discussion, Councilmember Breiner moved and Councilmember
Boro seconded, to direct staff to proceed with the disposition of
the property.
AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli & Thayer
Staff to do the following:
1. Discuss with City Attorney's Office, wording to enhance selling
of property where the City would have to maintain the property
should there be more debris landslide.
2. Disclose what has happened and to offer the property for sale
"as is", other than the City's responsibility for the easement.
3. Keep Council apprised of Soils Engineer John C. Homes periodic
checks including costs, with the expectation of more rain in
the future.
Staff to continue monitoring the area.
16. STATUS REPORT ON COMPLIANCE WITH SENATE BILL 547 - EARTHQUAKE HAZARD
REDUCTION PROGRAM - UNREINFORCED MASONRY BUILDINGS (PW) - File 13-11
Public Works Director Bernardi stated the law requires: 1) The City
prepare an inventory of unreinforced masonry buildings; 2) Adopt a
Mitigation Program and 3) Report those actions to the State prior
to January 1, 1990.
He noted staff has begun the process of meeting those requirements
and is working with the Fire Department on some existing inventories
they have and anticipates that by mid-April a preliminary list will
be completed.
Property owners will then be notified giving them an opportunity to
comment on whether or not it is appropriate for their building to
be on the unreinforced masonry list. Hopefully, the responses will
be completed by mid-June, 1989.
Subsequent to that, staff will prepare an ordinance to be adopted
no later than November 20, 1989. They plan to review existing ordinances,
and then bring to Council, an ordinance that has been reviewed by
other agencies. He noted Council may wish to have some input from
the public prior to the Council holding a public hearing, and have
a representative from the Builders' Exchange, a Structural Engineer,
an Architect and a property owner or anyone else they might consider
serve on an ad hoc task force to prepare the ordinance for Council's
consideration. Mr. Bernardi stated the ordinance could be written
in various ways; from a lenient position which only requires that
the property owner post a notice in the building and tenants be advised
there is a problem with the building, all the way to requiring complete
renovation and restoration within a certain time. He noted the City
of Los Angeles has a two-year time period once the property owner
is notified. He mentioned they have torn down almost 8,000 buildings
in this category.
It was recommended that someone interested in historic peservation
be considered.
SRCC MINUTES (Regular) 2/21/89 Page 5
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Mr. Bernardi stated a preliminary list of buildings will be brought
back to Council by the second meeting in April, 1989.
Council accepted the staff report, without motion.
17. REQUEST FROM COUNTY SUPERVISOR ROBERT ROUMIGUIERE FOR COUNCIL TO REFUSE
ANNEXATION OF THE DAPHNE-BACCIOCCO PARCEL RE LUCAS RIDGE ESTATES (P1)
- File 5-2 x_149 x 115
Mayor Mulryan stated the staff report suggests if Council were to
accede to this request that it be done only on the basis that the
conditions of City approval, the off-site obligations as well as the
interchange improvement, be a condition of the approval.
Planning Director Pendoley stated it appears to staff there would
be advantages to the City if the project were developed as an unin-
corporated project rather than within the City limits. Among the advan-
tages would be the community interest; Marinwood, which has a relation-
ship to this property, feels that it can best be protected if it is
developed in the unincorporated area. Also, the City can expect that
the service calls from residential development of this property would
substantially exceed any revenues generated from property tax. Another
consideration is that the boundaries would be fairly logical if they
were along Lucas Valley Road, given the topography of the area. However,
there are some important interests as listed by Supervisor Roumiguiere
in his letter to Council which are also listed in the General Plan.
Mr. Pendoley stated it is possible to protect the City's interest
with a Memorandum of Understanding; that would be the condition for
the Council agreeing to refuse annexation.
Councilmember Boro stated there is a matter of equity and fairness
to other property owners on the road that will be subject to the timing
requirements; the funding of the improvement exchange requirements.
The rules that apply to anyone in that interchange should apply to
this property, whether it be under City or County jurisdiction. He
noted if there is a way that Council could make this happen, he had
no problem with the request.
Councilmember Breiner stated she is interested in this being annexed
to the City. She questioned what the property taxes would be on so
many expensive homes especially if they are "sprinklered" in the County
or in the City, noting the Fire Department's potential cost for fire
services would be very minimal. If the City is policing three out
of the four corners already, she did not see that as being a major
cost. Also, when ABAG looks at San Rafael's jobs/housing balance,
even though this is not going to be affordable housing, it is another
example on how we seem to be increasing the number of jobs in the
community within the City limits but not the number of houses. She
did not think it would be burdensome for the City of San Rafael to
take care of that property.
Mayor Mulryan referred to the jobs/housing balance and asked if San
Rafael was to have credit for that because it is within the City's
planning area.
Mr. Pendoley noted he was not certain, but would look it up.
Councilmember Breiner asked for statistics in terms of the dollars,
and City Manager Nicolai stated she will get the figures from Finance
Director Coleman.
Mr. Howard Council, member of the Marinwood Community Services District
Board of Directors, stated they have been going through this process
for about four years. He referred to the fire service costs and indicated
he was told by their fire chief that during 1988, the City of San
Rafael responded to Marinwood 9 times as a backup unit. During that
same period of time, the Marinwood Fire Department went into their
Joint Powers Agreement area 33 times, and into San Rafael itself outside
the Joint Powers Agreement area 9 times. He noted they do not object
to this and appreciate the cooperation from the San Rafael Fire Depart-
ment but pointed out that no one is getting a bad end of this deal.
SRCC MINUTES (Regular) 2/21/89 Page 6
r SRCC MINUTES (Regular 2/21/89 Page 7
Councilmember Boro moved and Mayor Mulryan seconded, to approve, in
concept, the staff recommendation that Council refuse annexation of
the Daphne/Bacciocco property upon execution of a Memorandum of Under-
standing with the Board of Supervisors and LAFCO incorporating the
points listed in the staff report and waiving dual annexation policy.
Staff to negotiate with the County in formulating the Memorandum of
Understanding; to be brought back for full Council deliberation.
AYES: COUNCILMEMBERS: Boro & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Frugoli & Thayer
There being no further business, the meeting was adjourned at 9:00 PM.
4'
JEANNE �LEONCINI, bity Clerk
APPROVED THIS DAY OF 1989
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 2/21/89 Page 7