HomeMy WebLinkAboutCC Minutes 1993-04-05SRCC MINUTES (Regular) 4/5/93 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 5, 1993, AT 7:00 PM
CLOSED SESSION
1.DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 93-7(a) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 5, 1993, AT 8:00 PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: Dorothy L. Breiner, Councilmember
Others Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
I.CONCERN RE: DENIAL OF USE PERMIT FOR PARKING AT BERMUDA PALMS HOTEL - File 10-5 x
9-3-17 (VERBAL)
Irving Litchfield, owner of the Bermuda Palms Hotel, expressed his concern with regard to
his housing of the homeless at the Bermuda Palms Hotel, stating he closed his hotel
because of the denial of a Use Permit for the parking lot connected with this hotel.
II.SAN RAFAEL FIREFIGHTERS' ASSOCIATION'S CONCERN RE: SAFETY ISSUES - File 7-8-2 x 9-3-31
Christopher Desmond, representative of the San Rafael Firefighters' Association, gave a
letter to the City Council explaining the Firefighters' Association's concern about
the recent proposal from Fire Chief Marcucci to change the rank of several members of
his administrative staff to a higher rank, with regard to the issue of safety. He
stated the Association's disagreement with the proposal and indicated that City
Manager Nicolai had not returned his phone calls of last week on this issue.
Mayor Boro stated the Council was aware of this situation, that no action had been
implemented to date and there would be a letter forthcoming regarding this issue.
CONSENT CALENDAR
Councilmember Thayer moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Special Meeting of
December 14, 1992 (Closed Session), Special
Joint Meeting of February 16, 1993 and Regular
Meeting of March 1, 1993 (CC)
3. Authorization to Call for Applications to Fill
Six Positions on the Cultural Affairs
Commission Due to the Expiration of Terms of
Commissioners Lionel Ashcroft, Lynn Finkelstein,
Nanette Londeree, Gina Matthews and Virginia
Pabst and the Resignation of Beatriz Manzo
(CC) - File 9-2-24
RECOMMENDED ACTION
Approved as submitted.
Approved staff recommendation:
a. Called for applications to
fill 6 vacancies on the
Cultural Affairs Commission
(five 4 -yr. terms to end of
April, 1997 & 1 unexpired term
term to end of April, 1995). Set
deadline for receipt of
applications for Tuesday, @ 12:00
Noon, April 27, 1993, in the City
Clerk's Office, Room 209, City
Hall;
b. Scheduled a Special Meeting
for 6:30 PM, 5/3/93, in
Conference Room 201, City Hall,
to interview applicants for
appointment to the Cultural
Affairs Commission.
SRCC MINUTES (Regular) 4/5/93 Page 1
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4. Authorization to Call for Applications to Fill
Two Positions on the Board of Library Trustees
Due to the Expiration of Terms of Jim Gilliland
and Ivy Wellington (CC) - File 9-2-3
Approved staff recommendation:
a. Called for applications to
fill 2 positions on the San
Rafael Board of Library Trustees
w/deadline for receipt of
applications Tuesday, 4/27/93 @
12:00 Noon in the City Clerk's
Office;
b. Set date for interviews of
applicants, including one
incumbent, at a Special Council
meeting to be held on Monday,
5/3/93, commencing @ 6:30 PM.
5. Approval of Closure of Fourth Street Between Approved staff recommendation.
Lootens and "A" Streets on April 12 and April 13
From 6:00 PM to Midnight for Relocation of Macy's
Stores (RA) - File 11-19
6. Fuel Efficient Traffic Signal Management Grant:
(PW)
a. Authorization to Accept FETSIM Grant From
State of California; - File 4-3-261a
b. Authorization to Accept Proposal From TJKM
Consultants to Assist With FETSIM Project
- File 4-3-261b
7. Mariposa Road Assessment District: (PW) -
File 6-49 x 9-3-40
a.(1) Resolution Authorizing the Director of
Public Works to Sign Purchase Agreement
for Purchase of Right of Way Easement
from The California Center for Wildlife
(2) Resolution Accepting Grant of Right of
Way Easement From The California Center
for Wildlife
b.(1) Resolution Authorizing the Director of
Public Works to Sign Purchase Agreement
for Purchase of Real Property for Right
of Way Purposes From Kurt A. Callies
(2) Resolution Accepting Grant Deed of Real
Property for Right of Way Purposes From
Kurt A. Callies
8. SECOND READING AND FINAL ADOPTION OF ORDINANCE
NO. 1645 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN RAFAEL APPROVING A DEVELOPMENT
AGREEMENT FOR BAYPOINT LAGOONS (Pl) -
File 5-1-292 x 10-3 x 10-6 x 9-3-17
ADOPTED RESOLUTION NO. 8852 -
AUTHORIZING A FUEL EFFICIENT
TRAFFIC SIGNAL MANAGEMENT PROGRAM
GRANT APPLICATION
ADOPTED RESOLUTION NO. 8853 -
ACCEPTING A PROPOSAL FROM TJKM
CONSULTANTS TO PERFORM TRAFFIC
SIGNAL OPTIMIZATION NOT TO EXCEED
$50,000
ADOPTED RESOLUTION NO. 8854 -
AUTHORIZING THE SIGNING OF A
PURCHASE AGREEMENT WITH THE
CALIFORNIA CENTER FOR WILDLIFE
FOR PURCHASE OF RIGHT OF WAY
EASEMENT - MARIPOSA ROAD
ASSESSMENT DISTRICT
ADOPTED RESOLUTION NO. 8855 -
ACCEPTING GRANT OF RIGHT OF WAY
EASEMENT FROM THE CALIFORNIA
CENTER FOR WILDLIFE - MARIPOSA
ROAD ASSESSMENT DISTRICT
ADOPTED RESOLUTION NO. 8856 -
AUTHORIZING THE SIGNING OF A
PURCHASE AGREEMENT WITH KURT A.
CALLIES FOR PURCHASE OF REAL
PROPERTY FOR RIGHT OF WAY
PURPOSES - MARIPOSA ROAD
ASSESSMENT DISTRICT
ADOPTED RESOLUTION NO. 8857 -
ACCEPTING GRANT DEED FOR RIGHT
OF WAY PURPOSES FROM KURT A.
CALLIES - MARIPOSA ROAD
ASSESSMENT DISTRICT
Approved final adoption of
Ordinance No. 1645.
SRCC MINUTES (Regular) 4/5/93 Page 2
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9. Resolution Authorizing Renewal and Amendment of ADOPTED RESOLUTION NO. 8858 -
Contract With Marin Poetry Center for Use of AUTHORIZING THE RENEWAL AND
Falkirk Cultural Center Office Space (Cult.Affs) AMENDMENT OF A RENTAL/LEASE
- File 4-10-205 x 9-3-84 AGREEMENT WITH MARIN POETRY CENTER
FOR THE USE OF FALKIRK CULTURAL
CENTER; ONE YEAR LEASE,
COMMENCING JANUARY 1, 1993 AND
TERMINATING ON DECEMBER 31, 1993
10. Resolution Authorizing Renewal and Amendment of ADOPTED RESOLUTION NO. 8859 -
Contract With Natural Gardening Company For Use of AUTHORIZING THE RENEWAL AND
the Falkirk Cultural Center Greenhouse (Cult.Affs) AMENDMENT OF A LEASE AGREEMENT
- File 4-10-251 x 9-3-84 WITH THE NATURAL GARDENING COMPANY
FOR THE USE OF FALKIRK CULTURAL
CENTER GREENHOUSE (for one year,
with an option to renew for one
year at the end of the lease
period. The option to renew
shall extend for a period of two
one-year leases, ending January
9, 1996)
11. Resolution Amending Resolution No. 8592 Pertaining ADOPTED RESOLUTION NO. 8860 -
to the Compensation and Working Conditions for AMENDING RESOLUTION NOS. 5929,
San Rafael Police Association Personnel (Pers) - 6078, 6415, 6689, 7206, 7656,
File 7-8-3 x 7-3 8111 AND 8592 PERTAINING TO THE
COMPENSATION AND WORKING
CONDITIONS FOR POLICE ASSOCIATION
PERSONNEL (effective 7/1/92 -
6/30/93)
13. Resolution of Appreciation to Lieutenant Kenneth ADOPTED RESOLUTION NO. 8861 -
Homen, San Rafael Police Department, Retired, 29 RESOLUTION OF APPRECIATION TO
Years of Service (PD) - File 102 x 9-3-30 KENNETH R. HOMEN, LIEUTENANT, SAN
RAFAEL POLICE DEPARTMENT (retired
3/31/93 - over 29 years of
service)
14. Resolutions of Appreciation Re Convenience Store
Robbery, 1992: (PD) - File 102 x 9-3-30
a. Harry R. Barbier, Corporal
b. Richard M. Clary, Police Officer
C. Don Rose, Reserve Officer
d. Sharon L. Bunker, Dispatcher
e. Sabrina T. Olsen, Dispatcher
ADOPTED RESOLUTION NO. 8862 -
RESOLUTION OF APPRECIATION RE:
CONVENIENCE STORE ROBBERY, 1992
TO HARRY R. BARBIER, CORPORAL
ADOPTED RESOLUTION NO. 8863 -
RESOLUTION OF APPRECIATION RE:
CONVENIENCE STORE ROBBERY, 1992
TO RICHARD M. CLARY, POLICE
OFFICER
ADOPTED RESOLUTION NO. 8864 -
RESOLUTION OF APPRECIATION RE:
CONVENIENCE STORE ROBBERY, 1992
TO DON ROSE, RESERVE OFFICER
ADOPTED RESOLUTION NO. 8865 -
RESOLUTION OF APPRECIATION RE:
CONVENIENCE STORE ROBBERY, 1992
TO SHARON L. BUNKER, DISPATCHER
ADOPTED RESOLUTION NO. 8866 -
RESOLUTION OF APPRECIATION RE:
CONVENIENCE STORE ROBBERY, 1992
TO SABRINA T. OLSEN, DISPATCHER
15. Resolution of Appreciation to Lloyd Strom, ADOPTED RESOLUTION NO. 8867 -
Assistant Public Works Director, 1992 San Rafael RESOLUTION OF APPRECIATION TO
City Employee of the Year (CM) - File 102 x LLOYD STROM, ASSISTANT PUBLIC
7-4 x 9-3-40 WORKS DIRECTOR, 1992 EMPLOYEE OF
THE YEAR
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SRCC MINUTES (Regular) 4/5/93 Page 4
16. Resolution Requesting Funds for 1993 Safe
Graduation Night Parties for: (CM) - File 105
a. Terra Linda High School
b. San Rafael High School
ADOPTED RESOLUTION NO. 8868 -
AUTHORIZING A DONATION TO TERRA
LINDA HIGH SCHOOL ($100 for High
School Safe Graduation Night
Party)
ADOPTED RESOLUTION NO. 8869 -
AUTHORIZING A DONATION TO SAN
RAFAEL HIGH SCHOOL ($100 for High
School Safe Graduation Night
Party)
18. Resolution Authorizing Execution of Contract With ADOPTED RESOLUTION NO. 8870 -
Insurance Consulting Associates for Administration AUTHORIZING THE SIGNING OF A
of Claims for the City of San Rafael (CM) - CONTRACT WITH INSURANCE
File 4-10-184 CONSULTING ASSOCIATES, INC. (1 -
Year Agreement From 5/1/93 thru
4/30/94)
19. Legislation Affecting San Rafael (CM) - File 9-1
Approved staff recommendations:
1. OPPOSE the Governor's
Reduction of Property Taxes
2. SUPPORT Requiring Majority
Vote on General Obligation Bonds
for Capital Improvements
3. SUPPORT Maintaining the Half -
Cent Sales Tax
4. SUPPORT Exploring Constitution
Protection for City Authority and
Revenue Base
5. SUPPORT Exploring
Redevelopment Reform
6. SUPPORT Workers' Compensation
Reform
7. SUPPORT Exploring Repeal of
State -Mandated Costs.
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
The following items were removed from the Consent Calendar for discussion:
12.RESOLUTION AUTHORIZING CONTRACT AMENDMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES, INC.
(ESA) TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE NORTHVIEW TOWNHOUSE PROJECT
(Pl) - File 4-3-246
Councilmember Shippey asked Planning Director Pendoley for verification of the fact that
apparently this project has been delayed, including the EIR (Environmental Impact
Report) and has resulted in an increase of over 25% cost of the Environmental
Consultants.
Planning Director Pendoley responded affirmatively.
Councilmember Shippey then asked if this was due to anything caused by staff. Mr. Pendoley
responded negatively and stated the most important reason for this was that the
applicant has been in negotiations with the U. S. Fish and Wildlife Service who
originally wanted a 100 foot setback and if they could not have that, it was going to
require mitigation which would, in the applicant's mind, make the project infeasible.
He noted the applicant went into negotiations with the Fish and Wildlife Service and
came to agreement on a different setback, which will become one of the alternatives
which will be analyzed in the EIR. He noted this has resulted in substantial delay
and required redoing the work.
Mr. Pendoley also noted the other delays were smaller matters which staff has discussed
with the applicant, who has essentially agreed to these prices.
Mr. Shippey asked when Council would be seeing the EIR? Mr. Pendoley responded a draft
would be available in approximately two months from this date.
Councilmember Shippey moved and Councilmember Cohen seconded, to adopt the Resolution
approving the contract amendment with Environmental Science Associates (ESA).
SRCC MINUTES (Regular) 4/5/93 Page 4
SRCC MINUTES (Regular) 4/5/93 Page 5
RESOLUTION NO. 8871 - RESOLUTION APPROVING A CONTRACT AMENDMENT WITH ENVIRONMENTAL
SCIENCE ASSOCIATES (ESA) TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT FOR THE NORTHVIEW TOWNHOUSE PROJECT (Contract Amendment
No. 2, in amount of $12,540)
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
17.RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT WITH COMCO FOR WORKERS' COMPENSATION
ADMINISTRATION SERVICES (CM) - File 7-1-31 x 9-6-3
Mayor Boro asked Assistant City Manager Suzanne Golt about the increase in fees this year,
which amounts to approximately 17%; however, overall it amounts to 25% to 300 over a
two year period of time.
Ms. Golt responded that when the City signed the contract with Comco approximately two
years ago, their proposal came in significantly less than the other bidding companies.
She stated the closest bid then was approximately $35,000 over Comco's bid. She
explained Comco attributed this low bid to a lack of understanding of what the cost
was going to be to do business in the Marin County area and they had been attempting
to bring their contract level up to something that is more acceptable to both Comco
and the City over these past two years. She noted Comco was initially proposing about
a 40% increase for this contract year and staff was able, through negotiations, to get
them down to 17% or 25% increase, taking the $6,000 per month value. She stated both
Comco and the City are in agreement with this increase because if the City were to go
out to bid again at this time, she felt they would come in at approximately $85,000 to
$90,000. She also noted Comco's services have been excellent over the past two years
and staff would like to continue doing business with them.
Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution
renewing the contract with Comco Management, Inc., for Worker's Compensation
Administration Services.
RESOLUTION NO. 8872 - RESOLUTION AUTHORIZING THE AMENDMENT TO THE CONTRACT, LEASE OR
AGREEMENT WITH COMCO MANAGEMENT, INC. (from 11/1/92 through
10/31/93) (increasing the annual fee to be paid as follows:
11/1/92 to 1/31/93 - $4,875/mth. & 2/1/93 to 10/31/93 -
$6,000/mth. - based on an annual fee of $72,000)
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
20.SPECIAL PRESENTATION OF RESOLUTIONS OF APPRECIATION TO:
a. LIEUTENANT KENNETH HOMEN, RETIRED, SAN RAFAEL POLICE DEPARTMENT - File 102 x
9-3-30
Mayor Boro made the presentation reading a portion of the Resolution stating,
.as of March 31, 1993, Lieutenant Kenneth R. Homen retired following a
distinguished 29 year career in the service of the citizens of San Rafael as a
Police Officer. . .during his long and distinguished career he served under six
Police Chiefs in a long range of positions - first as an officer, then sergeant,
then for eighteen years as a lieutenant; and. . .during his term as a lieutenant
he commanded virtually every unit of the department, demonstrating broad knowledge
and experience in the widest possible range of police management and
administrative practices; in recognition of which he served his last days as the
Acting Chief of Police. . .has established a well deserved reputation as a law
enforcement professional whose personal standards of integrity, dedication, and in
particular, his loyalty to his subordinates, shall forever serve as a standard to
which all members of the department aspire".
(Moved to the end of the meeting unanimously by Council.)
b. RE: CONVENIENCE STORE ROBBERY, 1992:
1. HARRY BARBIER, CORPORAL
2. RICHARD M. CLARY, POLICE OFFICER
3. DON ROSE, RESERVE OFFICER
4. SHARON L. BUNKER, DISPATCHER
5. SABRINA T. OLSEN, DISPATCHER
Mayor Boro made the presentations stating this involved a team effort concerning a
attempt in 1992 which started with Officer Clary who positioned himself on the
Richmond/San Rafael Bridge to intercept the suspects and then followed them to
SRCC MINUTES (Regular) 4/5/93 Page 5
robbery
the
SRCC MINUTES (Regular) 4/5/93 Page 6
East Bay until Corporal Barbier, hearing the situation on the police radio immediately
responded with Reserve Officer Rose to assist Officer Clary. The Suspects' vehicle
then crashed just prior to Corporal Barbier and Reserve Officer Rose arriving at the
scene, wherein the suspects then began shooting at Corporal Barbier's vehicle.
Corporal Barbier then unhesitatingly left his vehicle to pursue the suspects,
believing his fellow officers to be in danger, and displayed uncommon bravery in
leaving a position of safety to engage the suspects with his handgun while continuing
to pursue them. Mayor Boro then explained the efforts of both Dispatchers, Sharon L.
Bunker, first to be involved in this situation, and then Sabrina T. Olsen, who backed
Ms. Bunker up, resulting in a real team effort to the end of the situation.
Dispatcher Sabrina T. Olsen was also selected as Civilian Employee of the Year by the
Marin County Peace Officers' Association.
21.PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF SECTION 504 OF THE UNIFORM
BUILDING CODE AT 445 FRANCISCO BLVD. RE: PROPERTY LINE CONSTRUCTION REQUIREMENTS (PW)
- 1-6-1 x 9-3-32 x 9-8
Mayor Boro declared the Public Hearing opened.
Public Works Director Bernardi explained the Council was sitting as the Board of Appeals to
consider a request from George Dexter for a variance from Section 504 of the Uniform
Building Code which prohibits any openings in exterior building walls within 5 feet of
a property line. He stated that in this particular case, 750 of the building is over
the property line which was approved under the Planning process and it is a very good
design. He noted staff had reviewed this very carefully and felt that the intent of
the Uniform Building Code can be met with the conditions recommended in the staff
report and stated they were recommending approval by the Council of this request.
Councilmember Thayer stated this was similar to a past situation on Fourth Street which
involved Macy's store and the common ownership problem. She noted it was her
understanding that this will not present any fire hazard. Mr. Bernardi responded
affirmatively, noting there were currently no other buildings around this site.
As there was no member of the public who wished to speak, the Public Hearing was closed.
Councilmember Shippey moved and Councilmember Thayer seconded, that the City Council,
acting as the Board of Appeals, approved the request for variance from Section 504 of
the Uniform Building Code regarding construction across the property at 445 Francisco
Blvd. subject to the following conditions:
a. Any future buildings constructed on the site shall be separated from the currently
proposed building in full compliance with all codes.
b. The approval is granted for the length of the lease between the two property
owners.
C. Written documentation shall be submitted by both property owners that they do not
object to the construction.
Further, staff was directed to prepare a Resolution with Findings and bring said Resolution
back for adoption at the next meeting (4/19/93).
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
22.REPORT ON RELOCATION OF ONE VIEW DECK ALONG BAYPOINT LAGOON SHORELINE PARK (Rec) - File
12-15 x 5-1-292 x 9-3-66 x 4-3-219
Public Works Director Bernardi, who was responding due to Recreation Director McNamee's
absence, explained an agreement had been reached on the relocation of the one view
deck in question with the surrounding neighbors to everyone's satisfaction. He stated
the staff from BCDC (San Francisco Bay Conservation and Development Commission) had
verbally concurred with the relocation of this view deck and were asked to send
something in writing before this meeting, but the City had not received it as yet.
Councilmember Shippey asked if this involved two decks and the issue was to put one in the
middle of this area instead of the two decks? Mr. Bernardi responded negatively and
explained that this involved the view deck at the southern point of the park.
Councilmember Cohen moved and Councilmember Shippey seconded, to adopt the Resolution
approving the relocation of the view deck.
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RESOLUTION NO. 8873 -RESOLUTION APPROVING THE RELOCATION OF ONE VIEW DECK AT BAYPOINT
LAGOON SHORELINE PARK
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
23.CITY COUNCIL REPORTS:
a. None.
Cohen, Shippey, Thayer & Mayor Boro
None
Breiner
There being no further business, the meeting was adjourned at 8:30 PM to a reception in the
lobby honoring the Police Department employees who had received Resolutions of
Appreciation.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
1993
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