HomeMy WebLinkAboutCC Minutes 1989-07-03SRCC MINUTES (Regular, 7/3/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JULY 3, 1989,
AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
1. No. 89-11 (a) - #1 - Daniel E. Hanlon v. City of San Rafael.
No. 89-11 (b) - #7.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 3, 1989,
AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
San Rafael City Council Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Joan Thayer, Councilmember
Absent: None
Also 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:
Items
2. Approval of Minutes of Regular
Meeting of June 5, 1989 (CC)
3. Approval of Final Map - Baywood
Terrace (PW) - File 5-1-314
6. Resoluton Authorizing Execution
of Crest Marin II Below Market
Rate Rental Agreement (P1) -
File 4-10-234 x 13-16
Recommended Action
Approved as submitted.
ADOPTED RESOLUTON NO. 7994 -
APPROVING FINAL MAP OF
SUBDIVISION "MAP OF BAYWOOD TERRACE"
(formerly Bret Harte Homes), (a
13 Lot Single Family Residential
Subdivision on Irwin Street).
ADOPTED RESOLUTON NO. 7995 -
AUTHORIZING THE SIGNING OF A
BELOW MARKET RATE RENTAL UNIT
AGREEMENT RE CREST MARIN II
BETWEEN CITY OF SAN RAFAEL AND
NORTH BAY PROPERTIES II, L.P.
A CALIFORNIA LIMITED PARTNERSHIP
AND SUCCESSORS IN INTEREST
7. Authorization for Public Notice Approved staff recommendation:
and Sale of 346 Mountain View Set Date for opening of sealed
Avenue (RA) - File 2-7 x 2-5-19 bid offering for 10:00 am on
Tuesday, August 8, 1989 and set
sale price at next Closed Session
Meeting of the Council.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Boro
ABSTAINED: COUNCILMEMBERS: Breiner and Frugoli from Item No. 2 only
due to absence from meeting.
SRCC MINUTES (Regular) 7/3/89 Page 1
SRCC MINUTES (Regular 7/3/89 Page 2
The following items were removed from the Consent Calendar for discussion:
4. RESOLUTION APPROVING CITY BUDGET FOR 1989/90 (Fin) - File 8-5
In response to Councilmember Boro's question regarding appropriations
limit of $18,500,000, Finance Director Coleman stated the estimate
is that the City of San Rafael would exceed the appropriations limit
in the coming Fiscal Year based on the approved budget. He added the
estimate has to be inserted into the budget as required by State law
as part of the budget process, and that the differential is about
$225,000 over, if everything goes according to the estimates.
City Manager Nicolai stated the appropriations limit only applies
to specific taxes covered by Proposition 4, indicating that other
sources of revenue adding up to the $25,000,000 are not covered by
the Proposition 4 Limitation.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt
Resolution Approving City Budget for 1989/90.
RESOLUTION NO. 7996 - APPROVING BUDGET FOR CITY OF SAN RAFAEL FOR
FISCAL YEAR JULY 1, 1989 -JUNE 30, 1990 AND
PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE
OF ALL SUMS SET FORTH IN SAID BUDGET (In amount
of $25,929,732).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. RESOLUTION DENYING USE PERMIT WITHOUT PREJUDICE RE APPEAL OF PLANNING
COMMISSION'S CERTIFICATION OF A NEGATIVE DECLARATION AND CONDITIONAL
APPROVAL OF A USE PERMIT FOR THE PROPOSED 110,000 SQUARE FOOT OFFICE
BUILDING AT THE CIVIC CENTER; McINNIS PARKWAY; H & H MANAGEMENT, OWNER;
J. SHEKOU/M. ARDALAN, REPS.; APPELLANTS; MARIN AUDUBON SOCIETY (BARBARA
SALZMAN), MARIN CONSERVATION LEAGUE (CHIP WRAY), TERRA LINDA HOMEOWNERS
ASSOCIATION (MARY CONTE) AND MONT MARIN HOMEOWNERS ASSOCIATION (JOHN
ROJAS) (Pl) - File 10-5
Councilmember Frugoli requested a voice vote on this item.
RESOLUTION NO. 7997 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DENYING WITHOUT PREJUDICE A USE PERMIT
AND CONCURRENTLY TAKING NO ACTION REGARDING
THE EIR/NEGATIVE DECLARATION REQUIREMENTS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
THE RECONSIDERATION OF PREVIOUS CITY COUNCIL
ACTIONS WHICH UPHELD AN APPEAL AND OVERTURNED
SAN RAFAEL PLANNING COMMISSION APPROVAL OF A
NEGATIVE DECLARATION AND A USE PERMIT (UP88-55)
FOR A 110,000 SQUARE FOOT OFFICE BUILDING
INCLUDING DELICATESSEN (THE OFFICE PROJECT)
TO BE LOCATED ON McINNIS PARKWAY (APN 180-410-05)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - UP87-97, ED88-98 & UP88-118 - APPEAL OF PLANNING
COMMISSION'S DENIAL OF USE PERMIT AND DESIGN REVIEW FOR A TEMPORARY
DEBRIS BOX STORAGE YARD WITH A TEMPORARY OFFICE BUILDING AND USE PERMIT
FOR 1,000 CUBIC YARDS OF GRADING AND FILL; 2157 FRANCISCO BLVD.; FRED
GRANGE, OWNER; BRYAN & MURPHY ASSOCIATES/J. L. ENGINEERING, REPS.
AP 9-161-50 (Pl) - File 10-5 x 10-7
Mayor Mulryan declared the public hearing opened, and announced that
the Appellant, Fred Grange, requested that applications noted in the
pending,appeal be referred back to Planning Commission for consideration,
and that the Appellant waives the time limits for taking action on
this appeal.
Mr. Paul Jensen, representing Mr. Grange, concurred with Mayor Mulryan's
announcement.
SRCC MINUTES (Regular) 7/3/89 Page 2
SRCC MINUTES (Regular, 7/3/89 Page 3
There being no input from the public, Mayor Mulryan closed the public
hearing.
9. REPORT ON THE CERUTTI HOUSE AT 602 "B" STREET (PW) - File 2-7-1 x
9-3-40 x 9-3-65 x (SRRA) R-103
Assistant Public Works Director Strom stated the City purchased the
Cerutti property under a Life Estate Agreement in 1982, noting the
original intention was that this property would be a parking area
as part of the overall Albert Park Community Center Master Plan. Staff
looked at refurbishing the house for possible use or selling it with
the possibility of the new owner moving the house. Mr. Strom noted
the house is in a dilapidated condition and is becoming a nuisance.
Mr. Strom stated their recommendation is to have authorization to
demolish the house and proceed with construction of a parking area.
He noted the funding would not come from the General Fund, but instead
would be appropriated from Redevelopment Funds.
Councilmember Frugoli stated he had spokenwith owners of the Cerutti
House who asked that the City give them first opportunity to move
the house as their expense.
After further discussion, Mr. Strom stated he would contact owners,
Messrs. Cerutti (son) and Bottarini (nephew), informing them that
they may move the Cerutti House, and should the house be moved, this
item be brought back to Council with information on indemnity regarding
the City.
Councilmember Breiner moved and Councilmember Thayer seconded, that
the family members, Messrs. Cerutti and Botta rini, be given the oppor-
tunity to move the house, and if they do not, the City is to demolish
the house with monies coming from the Redevelopment Agency.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. REPORT ON WORKERS' COMPENSATION SETTLEMENT AUTHORITY (CM) - File 7-1-
x 31 x 9-6-3
City Manager Nicolai stated at Council meeting of June 19, 1989, as
part of the presentation of the Risk Management report, staff requested
settlement authority for Workers' Compensation. At that time Council
asked for statistics on settlements over the last several years, and
in addition, staff also did a survey in other jurisdictions in the
area to get a sense of what their authority is. She noted, in the
process, it became evident the $5,000 request might not be worth a
great deal as far as saving staff time is concerned and that a lot
of the settlement authorities were in excess of what was originally
requested. She was therefore requesting settlement authority somewhere
within the range of $10,000 up to $20,000.
Ms. Nicolai stated if acceptable, quarterly reports will be provided
to Council in the future of all Worker's Compensation claims that
have been settled.
After further discussion, Councilmember Boro moved and Councilmember
Thayer seconded, to authorize staff up to $10,000 Worker's Compensation
Settlement Authority.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. REPORT ON PROJECTS THAT MET THE PROJECT PRIORITY PROCEDURE (PPP)
DEADLINE OF JUNE 30, 1989 (Pl) - File 115
Planning Director Pendoley stated last Friday was the deadline for
submitting projects under the Project Priority Procedure and noted
by deadline June 30, 1989, all projects were submitted, of which three
have already been approved.
Mayor Mulryan noted the process worked, and Council accepted the verbal
report, without motion.
SRCC MINUTES (Regular) 7/3/89 Page 3
SRCC MINUTES (Regular, 7/3/89 Page 4
12. RESOLUTIONS RE ELECTION MATTERS - GENERAL MUNICIPAL ELECTION -
NOVEMBER 7, 1989: (CC) - File 9-4
a. RESOLUTION OF THE CITY COUNCIL:
1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL
ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL SCHOOL DISTRICT
GENERAL ELECTION;
2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY
OTHER ELECTION CONDUCTED ON THE SAME DATE;
3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK
Councilmember Thayer moved and Councilmember Frugoli seconded, to
adopt the following Resolution:
RESOLUTION NO. 7998 - RESOLUTION OF THE CITY COUNCIL:
1) PROPOSING A GENERAL MUNICIPAL ELECTION,
INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL
DISTRICT GENERAL ELECTION;
2) REQUESTING THE BOARD OF SUPERVISORS TO
CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED
ON THE SAME DATE;
3) REQUESTING ELECTION SERVICES BY THE COUNTY
CLERK
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. RESOLUTION REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN
CANDIDATE'S STATEMENT OF QUALIFICATIONS, AND PROVIDING THAT THE COST
OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS
SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION
PAPERS ARE FILED
Councilmember Thayer moved and Councilmember Frugoli seconded, to
adopt the following Resolution:
RESOLUTION NO. 7999 - RESOLUTION REAFFIRMING POLICY REGARDING NUMBER
OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS,
AND PROVIDING THAT THE COST OF PRINTING AND
HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS
SHALL BE BORNE BY THE CANDIDATE AND PAID FOR
AT THE TIME NOMINATION PAPERS ARE FILED
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
c. RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING
PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION
Councilmember Thayer moved and Councilmember Frugoli seconded, to
adopt the following Resolution:
RESOLUTION NO. 8000 - RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF MARIN TO PERMIT THE COUNTY
CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES
RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL
ELECTION
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 7/3/89 Page 4
SRCC MINUTES (Regular) 7/3/89 Page 5
There being no further business, the meeting was adjourned at 8:20 PM.
%jr O
JEAIW -I. LE IN
City Clerk
APPROVED THIS DAY OF 1989
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 7/3/89 Page 5