HomeMy WebLinkAboutCC Minutes 1998-12-07SRCC MINUTES (Regular) 12/7/98 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 7, 1998 AT
8:00 PM
Regular Meeting:
San Rafael City Council
Present: Albert J. Boro, Mayor
Paul M. Cohen,
Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION - 7:00 PM:
Mayor Boro announced Closed Session items.
CLOSED SESSION - 7:00 PM:
l.a Conference With Real Property Negotiator (Government Code Section 54956.8):
Property Address: 1000 Francisco Boulevard, San Rafael
(Scotland Car Yard site)
APN 08-102-04
Negotiating Parties: San Rafael Redevelopment Agency and Claire
Engleberg, Property Owner, and Snorre Grunnan,
Business Owner of Scotland Car Yard.
Under Negotiation: Instructions to negotiator with respect to price
and terms.
Assistant City Attorney Guinan announced no reportable action was taken.
l.b Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiator's Name: Daryl Chandler
Employee Organization: Child Care
(This item was discussed at the conclusion of the City Council
meeting).
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:40
PM
STATE REGULATIONS GOVERNING CARD ROOMS - File 9-10 x 9-3-16
Randy Pellolio, owner of Club San Rafael, presented copies of a letter from the
State Attorney General's office, which states the Division of Gambling Control
has determined San Rafael's local Ordinance governing gambling establishments is
not in compliance with State regulations. He reported he must comply with State
regulations no later than December 17, 1998, and asked the City to amend its
Ordinance to comply with State regulations. Assistant City Attorney Gus Guinan
will contact the State Attorney General's office and obtain an extension for Mr.
Pellolio, while the City reviews its Ordinance.
BOYD PARK - File 9-3-66 x 2-1-9 x 13-16
Constance Savage, resident of San Rafael, urged Council to clean-up Boyd Park,
and reclaim it from the homeless people who frequent the park, making it safe
for children. Mayor Boro reported there was already a plan to rehabilitate Boyd
Park, and a Citizens Committee had been formed to oversee the project. He asked
Ms. Savage to leave her name and telephone number with City Manager Rod Gould,
so she can be contacted to participate with the Committee.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Miller seconded, to approve the
following Consent Calendar items:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Special Joint Meeting with Minutes approved as
submitted.
SRCC MINUTES (Regular) 12/7/98 Page 1
SRCC MINUTES (Regular) 12/7/98 Page 2
Fire Commission of Thursday, November 12, 1998, and
Special Joint Public Hearing and Special and Regular
Meetings of Monday, November 16, 1998 (CC)
3. Resolution Declaring Canvass of Returns and Results RESOLUTION NO. 10335
of Special Municipal Election (Consolidated with RESOLUTION DECLARING
CANVASS
Consolidated General Election) Held on November 3, OF RETURNS AND
RESULTS OF
1998 (Re: Measure J, Paramedic Service Special Tax SPECIAL MUNICIPAL
ELECTION
on Residential and Non -Residential Structures and (CONSOLIDATED WITH
Appropriations Limit Increase) (CC) CONSOLIDATED GENERAL
ELECTION)
- File 9-4 x 9-3-31 HELD ON NOVEMBER 3, 1998
(Re: Measure J, Paramedic
Service Special Tax on
Residential and Non -
Residential Structures and
Appropriations Limit
Increase, Defeated With
Less than Two -Thirds
Majority Received).
4. Acceptance of Statements of Disclosure for
Accepted Statements
of
Abraham Yang, Member of the Citizens Advisory Disclosure for
Abraham Yang,
Committee on Redevelopment; Kenneth Nordhoff, Kenneth Nordhoff,
David
Agency Treasurer; David Bernardi, Assistant Bernardi, Robert
Brown, and
Executive Director (PW); Robert Brown, Assistant Nancy Mackle.
Executive Director (CD); and Nancy Mackle, Senior
Development Specialist (CC)
- File 9-4-3 x 9-4-4 x 140 x (SRRA) R-140 IVB x (SRRA) R-140 #8
6. Request for City of San Rafael Amicus Approved amicus
participation.
Participation: (CA) - File 9-3-16
Sierra Club v. San Joaquin LAFCO
(California Supreme Court;
review granted 9-23-98)
7. Resolution Authorizing Execution of Contract RESOLUTION NO. 10336
with Kenneth Emanuels & Associates Re: Lobbying RESOLUTION
AUTHORIZING THE
in Sacramento for Marin Cities and Towns (MS) CITY OF SAN RAFAEL TO
- File 4-3-353 x 113 x 9-3-11
ENTER
INTO A CONTRACT WITH
KENNETH EMANUELS &
ASSOCIATES FOR LEGISLATIVE
ADVOCACY SERVICES ON
BEHALF OF THE MARIN COUNTY
COUNCIL OF MAYORS AND
COUNCIL ERS.
8. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted Monthly
Investment
Report for Month Ending
October, 1998, as
presented.
9. Resolution Approving a Below Market Rate ("BMR")RESOLUTION NO. 10337 -
Agreement for Marin Lofts (a 15 -Unit Residential RESOLUTION AUTHORIZING THE
Condominium Plan Located on a 2.89 Acre Site on the SIGNING OF A BELOW
MARKET RATE
West Side of Cresta Drive, North of California HOUSING AGREEMENT
BETWEEN
State Automobile Association Offices); Marin Lofts, MARIN LOFTS, LLC, A
CALIFORNIA
SRCC MINUTES (Regular) 12/7/98 Page 2
SRCC MINUTES (Regular) 12/7/98 Page 3
LLC, Owner; John Rittenhouse, Representative; CORPORATION, AND THE
CITY OF
APNs 15-251-16 and 17 (CD) SAN RAFAEL RE: MARIN
LOFTS
- File 229 x 13-16 CONDOMINIUM PROJECT.
10. Reappointment of Sarah Haynes and Ben Lowe for an Approved staff
recommendation:
Additional Six -Month Term to the North San Rafael Reappointed Sarah
Haynes and
Vision in Action (VIA) Committee (CD) Ben Lowe for
additional six-
- File 9-2-52 month terms on the North
San Rafael Vision (VIA)
Committee (to the end of
June, 1999).
11. Resolution Authorizing Extension of Time for the RESOLUTION NO. 10338 -
Completion of Improvement Work - Baypoint Lagoons RESOLUTION
AUTHORIZING
Unit 2 Subdivision (Extended to and including EXTENSION OF TIME FOR
THE
December 19, 1999) (PW) - File 5-1-292 COMPLETION OF
IMPROVEMENT WORK -
"BAYPOINT LAGOONS UNIT 2
SUBDIVISION" (EXTENDED TO
AND INCLUDING DECEMBER 19,
1999) .
AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: None
ABSTAINING: COUNCIL ERS: Phillips (from the minutes of 11/12/98
only, due to absence from meeting); and Cohen
(from the minutes of 11/16/98, due to absence
from meetings).
The following item was removed from the Agenda for further discussion:
5. APPROVAL OF EXPANSION OF THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, AND
CALL FOR APPLICATIONS FOR TWO YOUTH MEMBERS (CC) - File 9-2-55
Mayor Boro clarified that while the staff report indicated the City Council
would interview the student candidates, the intent was for the Bicycle and
Pedestrian Committee to interview the students. Councilmember Cohen asked
if Council would make the appointments? Mayor Boro stated the Bicycle and
Pedestrian Committee would forward recommendations to Council, and Council
would formally act, based on their recommendations. Councilmember Cohen
stated he felt it was appropriate and important for Council to make the
appointments, although he agreed with the Committee conducting the
interviews.
Councilmember Phillips moved and Councilmember Miller seconded, to approve
staff's recommendations, as amended: a) Approved expansion of the Bicycle
and Pedestrian Advisory Committee, and called for applications for two
youth members to the Bicycle and Pedestrian Advisory Committee. Only
students who are residents of the City of San Rafael and are attending high
school may apply. Terms will be one year, with applications due by
deadline of Tuesday, December 29, 1998 at 12:00 Noon in the City's Clerk's
Office, Room 209; b) Current members of the Bicycle and Pedestrian Advisory
Committee to interview applicants and present recommendations to Council
for approval and appointment.
AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: None
SPECIAL PRESENTATIONS:
12. INTRODUCTION OF NEW EMPLOYEES:
MANAGEMENT SERVICES - File 9-3-20: Noni Thomas, Customer Service Clerk
SRCC MINUTES (Regular) 12/7/98 Page 3
SRCC MINUTES (Regular) 12/7/98 Page 4
Mayor Boro announced Ms. Thomas was unable to attend the meeting.
PUBLIC WORKS DEPT. - File 9-3-40:
Public Works Director David Bernardi introduced Bill Voigt, GIS Technician,
reporting Mr. Voigt had twenty years experience as a Research Associate
with the University of California at Berkeley, had a Master of Science
degree in Biological Sciences, and was an expert with computers.
Mr. Bernardi introduced Doris Toy, Civil Engineer I, stating she had
received a Bachelor of Science degree in Civil Engineering from the
University of California at Davis, and a Master of Science degree in Civil
Engineering from Sacramento State University, and had worked for the
Fairfield/Suisun Sewer District as a Sanitary Engineer.
Mr. Bernardi next introduced Meherdad Namiranian, the Department's
Assistant Traffic Engineer, working with Traffic Engineer Nader Mansourian.
Mr. Bernardi noted Mr. Namiranian has two Bachelor of Science degrees, one
in Civil Engineering and one in Art, and a Master of Science degree in
Transportation Engineering from San Jose State. Mr. Namiranian has worked
for a number of cities, including Santa Cruz and the City and County of San
Francisco, and has also worked as a Consulting Engineer. Mr. Bernardi
stated Mr. Namiranian is very knowledgeable concerning traffic modeling,
traffic impact studies, corridor studies, signal optimization, parking
studies, and EIRs.
Mr. Bernardi introduced Jude Dictado, Engineer I, reporting Mr. Dictado
graduated as an Engineer in May, 1995, and prior to that worked as an
Engineering Technician, Engineer Intern, and as a Student Engineer Intern
at several jurisdictions, including Alameda County Public Works, San Jose
Public Works, and the Santa Clara Valley Water District. Upon graduation,
Mr. Dictado again worked for the Santa Clara Valley Water District, as well
as San Benito County, prior to coming to work for the City of San Rafael.
Mr. Bernardi noted Mr. Dictado has done some very good work, specifically
on a couple of very difficult storm drain projects.
Mr. Bernardi welcomed the Department's new employees, noting he was looking
forward to working with each of them.
On behalf of the Council, Mayor Boro welcomed the new employees to the City
of San Rafael, stating this was a great City to live and work in, and
noting he looked forward to their success.
PUBLIC HEARINGS:
13. PUBLIC HEARING - CONSIDERATION OF A RESOLUTION OF NECESSITY AUTHORIZING
ACQUISITION OF THE FEE INTEREST IN A PORTION OF THE PROPERTY LOCATED AT 907
SECOND STREET, OWNED BY PACIFIC GAS AND ELECTRIC COMPANY, BY THE CITY'S
POWERS OF EMINENT DOMAIN,
APN 13-012-12 (PW) - File 3-6 x 4-3-342 x 11-15 x (SRRA) R-368
Mayor Boro recused himself from this item, due to a conflict of interest.
Mayor Boro asked Vice -Mayor Phillips to conduct the hearing, and left the
Council Chamber.
Vice -Mayor Phillips asked for the staff report.
Public Works Director David Bernardi explained Council was being asked to
adopt a Resolution to acquire a public interest in a very small piece of
property adjacent to the P.G.& E. substation. He noted the parcel was 473
square feet, approximately 150 feet long by two feet wide. He stated the
purpose of the acquisition was to comply with the improvement plan proposed
and agreed to under the Fair, Isaac Office Development project on the P.G.&
E. site.
Mr. Bernardi reported staff was in the process of preparing plans and
specifications for the road -widening project, expecting to call for bids in
January, and to recommend an Award of Contract to Council in early Spring,
just after the rains; therefore, he noted time was of the essence in terms
of the acquisition of this right-of-way.
Mr. Bernardi stated P.G.& E. was willing to sell the property, and a value
of $5,913 had been established.
Vice -Mayor Phillips opened the public hearing, and invited public comment.
SRCC MINUTES (Regular) 12/7/98 Page 4
SRCC MINUTES (Regular) 12/7/98 Page 5
There being no public comment, Vice -Mayor Phillips closed the public
hearing.
Councilmember Heller moved and Councilmember Miller seconded, to adopt the
Resolution of Necessity for the acquisition of certain property from P.G.&
E. for the purpose of the Second Street Widening Project.
RESOLUTION NO.
10339 - RESOLUTION FINDING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR THE WIDENING AND IMPROVEMENT OF SECOND
STREET IN SAN RAFAEL, MARIN COUNTY.
AYES: COUNCIL ERS: Cohen, Heller, Miller & Vice -Mayor
Phillips
NOES: COUNCIL ERS: None
ABSENT/DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to conflict of interest).
Mayor Boro returned to the Council Chamber.
14. PUBLIC HEARING - CONSIDERATION OF PRE -ZONING AND ANNEXATION REQUEST (ZC97-8
and
P97-1) FOR A .8 ACRE PARCEL LOCATED AT 110 PT. SAN PEDRO ROAD; APN 17-181-
36; BOYD R. LANG, OWNER AND REPRESENTATIVE. THE SUBJECT PROPERTY CONTAINS
ONE EXISTING SINGLE-FAMILY DWELLING AND ACCESSORY STRUCTURES AND THE
PROPOSED APPLICATION CONSISTS OF A PRE -ZONING OF.8 ACRES OF THE SUBJECT
SITE TO R -20-C, SINGLE-FAMILY RESIDENTIAL FOR THE ANNEXATION OF THE PARCEL
INTO THE CITY OF SAN RAFAEL CITY LIMITS (CD) - File 5-2-93 x 10-3 x 10-6
Mayor Boro opened the public hearing, and asked for the staff report.
Community Development Director Bob Brown reported this site was developed
with a single-family home on a one acre parcel. He explained 8/10ths of an
acre of that parcel was along the San Pedro Road frontage, located within
the County's jurisdiction, and 2/10ths of an acre, fronting along the
Canal, was located within the City's jurisdiction, noting the property was
adjacent to, and across from, the City limit lines.
Mr. Brown stated the intent of the property owner was to consolidate the
permitting jurisdiction and service providers for this property. He noted
this was not a very significant fiscal issue, pointing out the annexation
would result in a shift of $239 annual taxes from the Santa Venetia Fire
Protection District and the County Library to the City.
Mr. Brown stated the proposed zoning was R 20-C, which is consistent with
the adjacent zoning, noting the annexation had been conditionally approved
by LAFCO at their meeting on September 8th, and the Planning Commission had
recommended approval of both the annexation and pre -zoning on November
10th.
Councilmember Cohen asked if there would be any change in development
potential? Mr. Brown reported the site could potentially be developed with
two homes; however, given the layout of the existing home on the site, it
appeared unlikely. Mr. Brown stated he did not believe there was any
intent to increase development potential.
Mayor Boro invited public comment.
There being no public comment, Mayor Boro closed the public hearing.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the
Resolution approving the pre -zoning and annexation.
RESOLUTION NO. 10340 - RESOLUTION APPROVING THE ANNEXATION AND PRE -
ZONING OF CERTAIN REAL PROPERTY LOCATED AT 110 POINT
SAN PEDRO ROAD.
AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL PRE -ZONING CERTAIN REAL PROPERTY
SRCC MINUTES (Regular) 12/7/98 Page 5
SRCC MINUTES (Regular) 12/7/98 Page 6
FROM THE COUNTY OF MARIN ZONE R-1 (RESIDENTIAL SINGLE-FAMILY DISTRICT 7,500
SQ. FT. MINIMUM LOT SIZE) DISTRICT TO THE CITY R 20-C DISTRICT (SINGLE
FAMILY RESIDENTIAL, 20,000 SQ. FT. MINIMUM LOT SIZE, CANAL FRONT OVERLAY)"
(110 Point San Pedro Road, AP #17-181-36).
Councilmember Cohen moved and Councilmember Miller seconded, to dispense
with the reading of the Ordinance in its entirety, and refer to it by title
only, and pass Charter Ordinance No. 1734 to print, by the following vote,
to wit:
AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: None
COUNCIL ER REPORTS:
15. a. REVIEW OF CITY ORDINANCE RE: DRINKING ON PRIVATE PROPERTY
- File 13-9 x 9-3-16 x 9-3-30
Councilmember Miller asked that the City Attorney's office look into
the City's Ordinance governing drinking on private property. He
reported a situation existed in some areas of the City where people
were buying alcohol and drinking it on the store's property, and
unfortunately, the Police were not able to stop this public display
of drinking. He noted the City of Oakland had an Ordinance which
included a provision allowing the Police to intervene, with the
permission of the property owner, thereby avoiding any Fourth
Amendment rights violations. Assistant City Attorney Guinan
confirmed there was State legislation enabling local governments to
do this, in and about an area in which the sale of retail liquor
occurs. Mr. Guinan stated he would prepare information on this
subject and report back to Council at the next meeting.
There being no further business, the City Council meeting was adjourned at 8:20
PM.
CLOSED SESSION:
The Council reconvened in Conference Room 201 to discuss the following Closed
Session item:
l.b Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiator's Name: Daryl Chandler
Employee Organization: Child Care
No reportable action was taken.
There being no further business, the Council adjourned at 9:05 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1998
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/7/98 Page 6