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Home My WebLink AboutCC Minutes 1994-08-15SRCC MINUTES (Regular) 8/15/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 15, 1994, AT 7:00 PM Regular Meeting: Present: Joan Thayer, Vice -Mayor San Rafael City Council Paul M. Cohen, Councilmember David J. Zappetini, Councilmember Absent: Albert J. Boro, Mayor Barbara Heller, Councilmember Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBERS Vice -Mayor Thayer announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: 1. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 a. Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9(c)) ■ Case name: Wong v. City of Carson, California Supreme Court No. S-038593. (Request for City of San Rafael participation as Amicus party). ■ Case name: Knott v. State, California Supreme Court No. 589053. (Request for City of San Rafael participation as Amicus party). b. Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators: Suzanne Golt/Daryl Chandler Employee Organizations: ■ San Rafael Police Association ■ San Rafael Firefighters' 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, AUGUST 15, 1994, AT 8:00 PM - OPEN SESSION RE: CLOSED SESSION ITEMS la.■ Wong v. City of Carson Vice -Mayor Thayer announced that Council agreed to participate as Amicus party. ■ Knott v. State Vice -Mayor Thayer announced that Council agreed to participate as Amicus party. lb. ■ Conference with Labor Negotiator Vice -Mayor Thayer announced that this item was not discussed. ORAL COMMUNICATIONS OF AN URGENCY NATURE None RE SRCC #8 - EMPLOYEE OF THE QUARTER ENDING JUNE 30, 1994 - File 102 x 7-4 x 9-3-31 Vice -Mayor Thayer stated that she is removing agenda item #8 from the Consent Calendar, since not all of the Councilmembers are present tonight, and the recipient of the Resolution, Deputy Fire Marshal Forrest Craig, was unable to be at the meeting. It will be deferred to the September 6, 1994 meeting. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION SRCC MINUTES (Regular) 8/15/94 Page 1 SRCC MINUTES (Regular) 8/15/94 Page 2 2. Approval of Minutes of Regular Meeting of Approved as submitted. July 18, 1994 (CC) 3. Report on Bid Opening and Award of Contract - ADOPTED RESOLUTION NO. 9191 - Jewell/Park Street Drainage Improvements RESOLUTION OF AWARD OF CONTRACT, (PW) - File 4-1-466 JEWELL/PARK STREET DRAINAGE IM- PROVEMENTS, PROJECT NO. 001-2150- 174-8000 (To Maggiora & Ghilotti Inc., lowest responsible bidder, $38,780.00) 4. Resolution Amending the 1993/94 Appropria- ADOPTED RESOLUTION NO. 9192 - tions Limit and Establishing the Appropria- AMENDING THE 1993/94 APPROPRIATIONS tions Limit for 1994/95 (Fin) - LIMIT AND ESTABLISHING THE File 8-5 APPROPRIATIONS LIMIT FOR 1994/95 (1993/94 - $23,767,611; 1994/95 - $24,635,128) 5. Resolution Appropriating Unappropriated Revenues ADOPTED RESOLUTION NO. 9193 - (Fin) - File 8-5 APPROPRIATING UNAPPROPRIATED 6. SECOND READING AND FINAL ADOPTION OF ORDI- NANCE NO. 1666 - AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI- FORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE Z94-3, MARIN HOME CENTER, 530 FRANCISCO BOULEVARD WEST, AP NOS. 13-051-06 & 20) (P1) - File 10-3 x 10-5 x 10-7 REVENUES AS OF JUNE 30, 1994 Approved final adoption of Ordinance No. 1666. 7. Report Re Typographical Errors - Zoning Ordi- Accepted report re minor correc- nance Amendment (P1) - File 115 x 10-2 x 10-3 tions to Ordinance No. 1663 (which x 9-2-46 have been deemed non -substantive) 8. Resolution of Appreciation to Forrest Craig, Removed from agenda. Deputy Fire Marshal, Fire Department, (To be brought back at Meeting of Employee of the Quarter Ending June 30, 1994 9/6/94.) (CM) - File 102 x 7-4 x 9-3-31 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SPECIAL PRESENTATION Cohen, Zappetini & Vice -Mayor Thayer None Heller & Mayor Boro 9.PRESENTATION OF RESOLUTION OF APPRECIATION TO FORREST CRAIG, DEPUTY FIRE MARSHAL, FIRE DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING JUNE 30, 1994 (CM) - File 102 x 7-4 x 9- 3-31 Presentation deferred to the meeting of September 6, 1994. PUBLIC HEARING 10.PUBLIC HEARING - APPEAL OF DISABLED ACCESS REQUIREMENTS - 977 GRAND AVENUE (MAGNIFICENT CLEANERS) (PW) - File 13-1-1 x 9-3-40 Vice -Mayor Thayer opened the Public Hearing. David Bernardi, Public Works Director, explained that, in accordance with State Law, an appeal has been filed which seeks partial relief from the State mandated requirements for an accessible toilet room due to remodel of a retail shop in the 900 block of Grand Avenue. The work for which the permit has been requested consists of constructing counters and associated partitions, and the work is valued at $5,000 or less. The tenant has estimated that the cost of a fully complying restroom would be $5,000. Mr. Bernardi explained that the State guidelines indicate that an unreasonable hardship exists when the cost of providing access improvements exceeds 20% of the cost of the project without those features, and clearly this threshold would be exceeded. In addition, the State requires that even if all access features are not to be provided because of a hardship, improvements must be made. It is required that 20% of the SRCC MINUTES (Regular) 8/15/94 Page 2 SRCC MINUTES (Regular) 8/15/94 Page 3 project funds be spent on access improvements. The tenant is willing to do that and will be upgrading the building entry to make it accessible. Mr. Bernardi pointed out that the City Council, sitting as the Board of Appeals, had granted a similar hardship appeal in January of 1992 to another tenant in this building. He stated that staff is recommending that the Council, sitting as the Board of Appeals, grant this appeal on the basis of unreasonable hardship, and direct staff to prepare an appropriate Resolution with findings and bring the Resolution back at the September 6th meeting. Councilmember Zappetini questioned why this item has to be put on the agenda at all. Mr. Bernardi explained that State law says it has to be heard by an Appeals Board. An alternative would be for the Council to appoint a Board, but our Council has preferred to hear the items, sitting as a Board of Appeals. Councilmember Zappetini inquired, with no one opposed, could it not be delegated to staff? Mr. Bernardi replied that it cannot be delegated, because of the wording of the State law. There being no public input, Vice -Mayor Thayer closed the Public Hearing. Councilmember Cohen stated this is clearly a case of unreasonable hardship, and noted the Council had previously granted another appeal for a tenant in that building. He wondered if it would be possible to ask the building owners for whom a common accessible facility might not be an unreasonable hardship, and impose that requirement. Mr. Bernardi replied the only way staff could do that would be if the building owner came to us for entitlement, where we could attach a condition of approval to it. Councilmember Cohen moved and Councilmember Zappetini seconded, to grant the appeal and direct staff to prepare an appropriate Resolution with findings and bring the Resolution back for adoption at the next meeting, waiving the disabled access requirement for a toilet facility. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL CONSIDERATION 11. CITY COUNCIL REPORTS: None. Cohen, Zappetini & Vice -Mayor Thayer None Heller & Mayor Boro There being no further business, the meeting adjourned at 8:07 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1994 SRCC MINUTES (Regular) 8/15/94 Page 3