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HomeMy WebLinkAboutCC Minutes 1994-05-02SRCC MINUTES (Regular) 5/2/94 Page 1 2IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 2, 1994, AT 7:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Suzanne Golt, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: a. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)) ■ Case name: Copple, et al_ v_ City of San Rafael, et al_ Marin County Superior Court Case No. 148065. ■ Case name: Titus, Goldman v_ City of San Rafael, et al. Marin County Superior Court Case No. 159748. ■ Case name: Shekou, et al_ v_ City of San Rafael, at al. Marin County Superior Court Case No. 147042. ■ Case name: DeAnza Assets, Inc. et al_ v_ City of San Rafael, et al. Court of Appeal of the State of California, First Appellate District, Division Four, Case No. A063017. Appeal from the Judgment of the Marin County Superior Court Case No. 156790. b. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9 (c) : ■ Western States Petroleum Association v. Los Angeles County Superior Court, California Supreme Court Case No. 5038067. (Request for City of San Rafael participation as Amicus party). ■ Sahelko v. City of Phoenix, Ninth Circuit Federal Court of Appeal Case No. 94-15495. (Request for City of San Rafael participation as Amicus party.) c. Conference with Labor Negotiator, Austris Rungis Employee Organizations: ■ San Rafael Police Association ■ San Rafael Firefighter's Association ■ M.A.P.E. ■ Police Mid -Management Association The City Council then met in Closed Session in Conference Room 201 to discuss the above- mentioned items. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 18, 1994, SRCC MINUTES (Regular) 5/2/94 Page 1 SRCC MINUTES (Regular) 5/2/94 Page 2 AT 8:00 PM - OPEN SESSION RF- CLOSED SESSION ITEMS 1a.City Attorney Ragghianti announced that no reportable action was taken concerning the four lawsuits mentioned above. 1b.Western States Petroleum Association v. Los Angeles County Superior Court City Attorney Ragghianti announced that City Council had voted unanimously to participate as Amicus party. Sabelko v. City of Phoenix City Attorney Ragghianti announced that City Council voted 4-1 to participate as Amicus party. (Councilmember Thayer dissenting) 1c.City Attorney Ragghianti announced that no reportable action was taken. None. Councilmember Heller moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. April 18, 1994 (CC) 3. Authorization to Call for Applications to Approved staff recommendation: Fill Three Positions on the Park and Recre- a) Called for applications with ation Commission due to Expiration of Terms deadline for receipt Tues; of Commissioners Carlene McCart, Ralph Mihan 5/24/94 at Noon in City Clerk's and Fred Warneke, end of May, 1994 (CC) - office; File 9-2-4 b. Set date for interviews at Special Meeting 6/6/94 at 6:30 p.m. (three 4 -year terms) 5. Resolution Authorizing Installation of ADOPTED RESOLUTION NO. 9137 - Supplementary Drainage Facilities on "C" AUTHORIZING INSTALLATION OF SUPPLE - Street in Conjunction with the Meyer Road MENTARY DRAINAGE FACILITIES ON "C" Offsite Subdivision Improvements (PW) - STREET IN CONJUNCTION WITH THE MEYER File 5-1-318 x 12-9 ROAD OFFSITE SUBDIVISION IMPROVE-MENTS (low bid of Ghilotti Bros. in amount of $18,421, increased to $20,000 to cover cost of survey staking and other contingency costs - from Miscellaneous Right -of -Way Gas Tax Fund) 6. Resolution of Appreciation for Nell Otterberg, ADOPTED RESOLUTION NO. 9138 - RESO- Reference Librarian (Lib) - File 102 x 9-3-61 LUTION OF APPRECIATION TO NELL OTTERBERG, REFERENCE LIBRARIAN FOR THE SAN RAFAEL PUBLIC LIBRARY 7. Resolution Authorizing Staff to Apply for ADOPTED RESOLUTION NO. 9139 - AUTH- Various Grants SRCC MINUTES (Regular) 5/2/94 Page 2 Page 3 SRCC MINUTES (Regular) 5/2/94 to Support Ongoing Educational ORIZING STAFF TO APPLY TO THE Programs and Capital Campaign of Falkirk FOLLOWING FOUNDATIONS, CORPORATIONS Cultural Center (Lib) - File 202 x 9-3-84 AND GOVERNMENT AGENCIES TO SUPPORT THE ONGOING EDUCATIONAL PROGRAMS AND CAPITAL CAMPAIGN OF FALKIRK CULTURAL CENTER: INSTITUTE OF MUSEUM SER -VICES, MARIN COMMUNITY FOUNDATION, CALIFORNIA COUNCIL FOR THE HUMANI-TIES, KRESGE FOUNDATION, LANNON FOUNDATION, LEF FOUNDATION, LUCAS ARTS ENTERTAINMENT, MARIN ARTS COUNCIL, BANK OF MARIN, WESTAMERICA BANK, COWELL FOUNDATION AND THE NATIONAL TRUST FOR HISTORIC PRESERVATION 8. Authorization to Apply for Civic Literacy ADOPTED RESOLUTION NO. 9140 - AUTH- Grant of $45,000 (Lib) - File 202 x 9- 3-61 ORIZING STAFF TO APPLY FOR A GRANT PROMOTING CIVIC LITERACY AND COMMUNITY INVOLVEMENT AMONG THE RESIDENTS OF THE CANAL NEIGHBORHOOD AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Cohen (from Minutes of April 18, 1994 only, due to absence from Meeting) The following items were removed from the Consent Calendar for discussion: 4.SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1662 - AN ORDINANCE AMENDING TI T.7 ?? OF TUF_ qkN RAFAEL MUNICIPAL CODE TO AMEND CHAPTER 11.04 - SIDEWALKS. DRIVEWAY APPROACHES. CURBS AND GUTTERS (PW) - File 11-1 x 11-7 x 9-3-40 Councilmember Cohen stated for the record that although he was not present at the Public Hearing for this item, he has reviewed the original staff report and the minutes of the Hearing and the material presented this evening. He stated he is familiar with this issue and feels comfortable voting on it. The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 11 OF THE SAN RAFAEL MUNICIPAL CODE TO AMEND CHAPTER 11.04 - SIDEWALKS, DRIVEWAY APPROACHES, CURBS AND GUTTERS." Councilmember Cohen moved and Councilmember Thayer seconded, to dispense with the reading in its entirety, to refer to it by title only, and adopt Charter Ordinance No. 1662 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9.RESOLUTION APPROVING RENEWAL OF CONTRACT WITH INSURANCE CONSULTING ASSOCIATES, INC___ FOR T,TABILITY CLAIMS ADMINISTRATION (CM) - File 4- 10-184 Councilmember Zappetini asked how much we paid Insurance Consulting Associates, Inc. (ICA) last year. Assistant City Manager Suzanne Golt SRCC MINUTES (Regular) 5/2/94 Page 3 SRCC MINUTES (Regular) 5/2/94 Page 4 answered that she did not have that information available, but the fees listed are unchanged from the previous year. Mr. Zappetini cited the computer fee of $300 a month and questioned whether this is something we could do in-house. Ms. Golt stated that ICA's background is specifically in liability insurance. She noted in the City Manager's Office, where the Risk Management Program falls, there is no one, either herself or Sharon Andrus, Adminis-trative Assistant, who is an expert in liability claims administration, nor do they have any direct involvement at this time. Ms. Golt pointed out that this is a complex subject, and she would not feel comfortable in being responsible for the day-to-day administration of claims. She stated she would also have concerns about Ms. Andrus taking on that role, not to mention there is no time in either schedule. Mr. Zappetini asked if this service is put out to bid. Ms. Golt stated that it could be, noting it has not gone out to bid for many years because ICA has provided excel -lent service and because they have not raised their rates for at least four years. She also noted we are a member of a Joint Powers Authority (JPA) on risk management focusing on liability, and in that JPA there are several larger groups who are members. She indicated an outside audit is done every year, and every year ICA receives "kudos" regarding their work. Ms. Golt stated it would be easy to provide Council with an accounting of how much this particular contract costs in terms of legal fees, average settlement, etc. Councilmember Zappetini moved and Councilmember Cohen seconded, to carry this item over to the Council Meeting of 5/16/94, for further information regarding the yearly costs. Mayor Boro pointed out that historically we have used consultants rather than to hire people full time when a special knowledge is required. Councilmember Cohen stated it is a legitimate request on a fee for service contract to look at what the amounts have been over the last couple of years. AYES: COUNCILMEMBERS: Mayor Boro NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SPECIAL PRESENTATION Cohen, Heller, Thayer, Zappetini & None None 10.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATES OF COMPLIANCE TO MARIAN COURT ASSOCIATION; PRnPFRTY OWNER OF 15, 16, 20. AND 21 MARIAN COURT (Pl) - File 10-2 x 9-3-17 x 13-1 Mayor Boro explained that in 1992, the City Council started a 4 -point program in the Canal area, noting one of the components had to do with the code enforcement inspec-tion to bring apartment buildings into compliance with building, zoning and health and safety codes. The Code Enforcement Officer has inspected the units and as they have come into compliance, the Council has recognized the property owners publicly. Mayor Boro presented the Certificates of Area Inspection Program to Mea Rush, Manager of four apartment complexes at 15, 16, 20 and 21 Marian Court. He noted that accord-ing to Code Enforcement Officer Claire Machado, this is the first set of buildings where they have not had to go back, as they were in compliance on the day she arrived. 11.PUBLIC HEARING - CONSIDERATION OF GRANTING A CERTIFICATE OF CONVENIENCE TO THE NEW OWNER OF BELAIRE CAB (FIN) - File 9-9 Mayor Boro declared the Public Hearing opened. Finance Director Ransom Coleman explained that this is merely a transfer of ownership of Belaire Cab from Lawrence Harvey to Gregory McCord and would not change the status quo in any way. SRCC MINUTES (Regular) 5/2/94 Page 4 SRCC MINUTES (Regular) 5/2/94 Page 5 There being no one to address the Council, Mayor Boro declared the Public Hearing closed. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt a Resolution issuing a certificate of convenience and necessity to Mill Valley Taxis, Inc. dba Belaire Cab Company. RESOLUTION NO. 9141 - ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MILL VALLEY TAXIS, INC. dba BELAIRE CAB COMPANY (Re: Transfer of Ownership from Lawrence Harvey to Gregory McCord) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.PUBLIC HEARING - AMENDMENT TO FINAL SUBDIVISION MAP TO MODIFY THE BUILDING ENVELOPE AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO ALLOW A POOL AND PLAY AREA IN THE REAR YARD: (594-3 ED94-19) 213 LINDEN LANE; AP NO. 15-041-41; D.D.S. PROPERTY/DOMINIC & SUSAN POMILIA, OWNERS; PEDER JENS PEDERSEN, REP. (PI) - File 5-1-319 x 10-7 Mayor Boro declared the public hearing opened. Planning Director Robert Pendoley stated that three years ago the Council approved a 4 -unit subdivision on Linden Lane and Newhall Drive, noting building envelopes were established on each lot in order to minimize the impact of grading and removal of vegetation. The lot before the Council tonight has been proposed as a one-story building, and as such uses up the full building envelope. It was anticipated in the original approval to expand the building envelope to allow for the construction of a swimming pool and play area. The Planning staff recommends approval of this amend-ment, and it has also been recommended for approval by the Design Review Board and the Planning Commission. Councilmember Zappetini asked if any neighbors have complained since receiving a letter regarding this matter. Mr. Pendoley stated there was testimony at the Planning Commission from one or two neighbors; however, immediately adjacent neighbors stated they had no problem. Councilmember Cohen asked if two-story houses had been anticipated on all four lots when the subdivision was originally approved. Mr. Pendoley stated it was anticipa-ted, but was recognized that there might be at least 1 one-story building to break the look, which is what happened. There being no one wishing to address the Council, Mayor Boro closed the Public Hearing. Councilmember Thayer stated fairly severe mitigation measures were imposed on this subdivision, especially regarding tree removal. She asked whether this project will destroy more trees and require more mitigation. Mr. Pendoley stated there is a sewer and drainage easement that goes through the property that has been developed which meant taking out some vegetation, but this would not create any additional distur-Bance. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution approving an amendment to the final subdivision map to modify the building envelope and a Design Review Permit to allow a pool and play area in the rear yard. RESOLUTION NO. 9142 - APPROVING AN AMENDMENT TO THE FINAL SUBDIVISION MAP TO MODIFY THE BUILDING ENVELOPE AND A DESIGN REVIEW PERMIT TO ALLOW A POOL AND PLAY AREA IN THE REAR YARD; 213 Linden Lane; DDS Partnership/Dominic & Susan Pomilia, owners; DDS Partnership and Peder Jens Pedersen, representatives; AP #15-041-41 AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor SRCC MINUTES (Regular) 5/2/94 Page 5 SRCC MINUTES (Regular) 5/2/94 Page 6 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13a.ABAG REPORT - File 111 (VERBAL) Councilmember Heller reported that ABAG (Association of Bay Area Governments) met on April 21, 1994 in San Francisco. Speakers were Elizabeth Hill, California Legislative Analyst, and Steve Olsen of the California Department of Finance. Mr. Olsen spoke on Restructuring the State -Local Relationship from the Governor's point of view. Ms. Hill's topic was "Does the Governor's Plan Make Sense?". The General Assembly voted to approve a Resolution to develop a model local ordinance to promote installation of information superhighway infrastructure in all new construction and redevelopment sites. 13b.UPDATE ON CALTRANS RETROFIT OF SAN RAFAEL VIADUCT REPORT (PW) - File 11-16 X 171 (VERBAL) Mayor Boro gave an information update on the CALTRANS retrofit of San Rafael viaduct. He recalled that a few weeks ago, a letter was sent to the State asking if it was necessary to retrofit that viaduct if we are planning to tear it down and build a new one. Mayor Boro stated we received a letter today indicating we have to go ahead because this viaduct is part of the initial 1,000 identified by CALTRANS which are to be completed with money already available by December, 1995. He indicated Public Works Director David Bernardi is meeting tomorrow night with the Citizens Advisory Group for CALTRANS. Councilmember Cohen asked if any progress has been made regarding a Public Hearing with CALTRANS (Re HOV Gap Closure project). Mr. Bernardi stated it is set for June 21, 1994, noting CALTRANS' consultants will be making the presentation and putting the program together. He also stated he advised them to inform the residents what an EIR (Environmental Impact Report) is because there is a lot of confusion about what it is and the process. Mr. Bernardi stated once he received the agenda, he would forward it to the Council for comments. Councilmember Thayer asked when CALTRANS would start this project (HOV Gap Closure), and Mr. Bernardi answered it would be 1997 at the earliest. Mayor Boro stated the retrofit will start in August or September of this year. 13c.CLEAN-UP OF SMITH RANCH POND REPORT (Pl) - File 5-1-239 x 13-12 x 13-1 x 10-2 (VERBAL) Councilmember Cohen gave an update on the clean-up of Smith Ranch Pond. The date for the clean-up is May 14th, noting Mr. Pendoley has identified a means for doing some signage at the pond to encourage people to stop dumping. There being no further business, Mayor Boro adjourned the meeting at 8:50 PM and announced that the City Council was returning to Closed Session to discuss item 1c. After Closed Session discussion, the Council reconvened in Open Session, and City Attorney Ragghianti announced that no reportable action was taken. The meeting was adjourned at 9:00 PM. 1994 Page 6 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF SRCC MINUTES (Regular) 5/2/94 SRCC MINUTES (Regular) 5/2/94 Page 7 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/2/94 Page 7