HomeMy WebLinkAboutCC Minutes 1991-04-15SRCC MINUTES , gular) 4/15/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 15, 1991, AT 7:00 P.M.
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. Discussion of Litigation and Labor Negotiations.
No. 91-6(a) - #7
No. 91-6(b) - #2
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 15, 1991, AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
Present: Dorothy L. Breiner, Vice -Mayor
Albert J. Boro, Councilmember
Joan Thayer, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Michael A. Shippey, Councilmember
Vice -Mayor Breiner announced that Item 20, the public hearing on the Priority Projects
Procedure, will be held over to the next City Council Meeting on May 6, 1991, due to
the fact that there are only three Councilmembers present at this meeting. She added
that the scheduled participants have been notified.
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Special and Regular
Meetings of April 1, 1991 (CC)
4. Resolution Requesting that the County of Marin
Let the St. Vincent's/Silveira Advisory
Committee Complete the Planning Process (P1) -
File 9-2-45 x 115 x 10-2
5. Resolution Accepting Proposal from Book
Publishing Company for Supplement Service to
the Municipal Code for Year 1991-92 (CC) -
File 1-5-1
6. Report on Bid Opening and Award of Contract
- Relighting of Fifth and "C" and Third and
Lootens Parking Structures (PW) - File 4-1-444
7. SECOND READING AND FINAL ADOPTION - ORDINANCE
NO. 1603 - An Ordinance Amending Title 9 of the
San Rafael Municipal Code by Amending in its
Entirety Chapter 9.24 Entitled "Well Standards"
(PW) - File 9-3-40
8. Resolution of Findings Granting Appeal of
Building Official's Enforcement of Section 504
of Uniform Building Code at 55 and 75 Mill Street;
Barsotti's, Applicant; Th. F. Posthuma, Rep.;
(PW) - File 1-6-1 x 9-3-40
RECOMMENDED ACTION
Approved as submitted.
RESOLUTION NO. 8365 - REQUESTING
THAT THE COUNTY OF MARIN LET THE
ST. VINCENT'S/SILVEIRA ADVISORY
COMMITTEE COMPLETE THE PLANNING
PROCESS
RESOLUTION NO. 8366 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
AGREEMENT (w/Book Publishing Co.
for Supplement Service to the San
Rafael Municipal Code - One -Year
Period - $22/page for period from
7/1/91 - 6/30/92)
RESOLUTION NO. 8367 - AWARD OF
CONTRACT RELIGHTING OF FIFTH AND
"C" AND THIRD AND LOOTENS PARKING
STRUCTURES, PROJECT NO. 005-1900-
8270, (To: B. Cantarutti Electric
Co., low bidder, $63,500)
Approved final adoption.
RESOLUTION NO. 8368 - CITY COUNCIL
(IN ITS CAPACITY AS THE BOARD OF
APPEALS) GRANTING CONDITIONED
APPROVAL OF AN APPEAL FROM
SECTION 504 OF THE BUILDING CODE
AT 55-75 MILL STREET (Re
Penetration of Property Line Fire
Wall - Barsotti's)
SRCC MINUTES (Regular) .4/15/91 Page 1
SRCC MINUTES 2egular) 4/15/91 Page 2
9. Temporary Street Closure of Fourth Street Approved staff recommendation.
from Lootens to "B" Street and Portion of Court
Street for Downtown Farmers Market Events from
May 2, 1991, through October 24, 1991, from
5:30 P.M. to 10:00 P.M. every Thursday Night
(RA) - File 11-19
10. Authorization to Request Proposals to Remove
Asbestos from City Hall (PW) - File 9-3-40 x
13-1
12. License Agreement for Encroachment into City
Right -of -Way at 5 Pleasant Lane (PW) -
File 4-10-255
13. Request for Funds for 1991 Safe Graduation
Night Parties for: (CM) - File 105
a. Terra Linda High School
b. San Rafael High School
14. Resolutions of Appreciation to San Rafael
High School Girls Basketball Team, Northern
California Division IV Champions (CM) -
File 109 x 102
15. Resolution Designating April 27, 1991, as
Celebrate the Child Festival Day (Rec) -
File 104
Approved staff recommendation.
RESOLUTION NO. 8369 - AUTHORIZING
THE SIGNING OF A LICENSE AGREEMENT
FOR #5 PLEASANT LANE (For encroach-
ment into City Right -of -Way) (with
William T. George, Licensee)
RESOLUTION NO. 8370 - AUTHORIZING
A DONATION TO TERRA LINDA HIGH
SCHOOL ($100)
RESOLUTION NO. 8371 - AUTHORIZING
A DONATION TO SAN RAFAEL HIGH
SCHOOL ($100)
RESOLUTIONS OF APPRECIATION:
NO. 8372, GIRLS VARSITY BASKETBALL
TEAM - 1991
NO. 8373, COACH MIKE DIAZ
NO. 8374, CAPTAIN KIM LA FRANCHI
NO. 8375, CAPTAIN MICHELE BROVELLI
RESOLUTION NO. 8376 - DESIGNATING
SATURDAY, APRIL 27, 1991, AS
CELEBRATE THE CHILD FESTIVAL DAY
16. Legislation Affecting San Rafael (CM) - Accepted report.
File 9-1
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan
The following items were removed from the Consent Calendar for discussion:
3. RESOLUTION AUTHORIZING EXECUTION OF BELOW MARKET RATE RENTAL UNIT AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND DEVONSHIRE ASSOCIATES FOR TWO (2) UNITS AT PARK TOWERS, 108
PROFESSIONAL CENTER PARKWAY (Pl) - File 4-10-254
Vice -Mayor Breiner inquired about the age of the building in question, and about
whether the two illegal units had been put in during the construction.
Planning Director Pendoley responded that the illegal units had been added within
the last couple of years, and the building itself is approximately 15 years old.
He stated the space had originally been intended for storage. He then explained
that this Below Market Rate agreement requires the owner to provide two units afford-
able to low income households for a period of ten years, which is a condition of the
legalization of two unauthorized units. He noted that other conditions of legalization
include provision of parking spaces, payment of School, Sewer and Water District fees
and City Planning and Building Department permit fees, and inspection of the property
by the Building Department, all of which have been completed.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution
authorizing the signing of the Below Market Rate Rental Unit Agreement.
RESOLUTION NO. 8377 - AUTHORIZING THE SIGNING OF A BELOW MARKET RATE RENTAL UNIT
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS BETWEEN
DEVONSHIRE ASSOCIATES AND THE CITY OF SAN RAFAEL RE PARK TOWER
APARTMENTS.
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan
SRCC MINUTES (Regular) 4/15/91 Page 2
SRCC MINUTES �gular) 4/15/91 Page 3
11. RESOLUTION AUTHORIZING INCREASE IN CONSULTANT'S FEES - MERRYDALE ROAD OVERCROSSING
PROJECT (PW) - File 4-3-128
Councilmember Thayer remarked that this seems to be a retroactive increase in rates
for work already performed. She stated she does not remember seeing this before
the Council.
Public Works Director Bernardi explained that there were small amounts and staff did
not want to come back before the Council more than once. He noted that the work
was authorized, and that all but $12,500 is reimbursable by CalTrans and the utility
companies. He stated that they did not come back for approval of the $12,500 in
order to save time. He stated they will follow up to make certain that they receive
the reimbursable money. Vice -Mayor Breiner stated that issue should be watched
carefully, and Mr. Bernardi responded that they have a checklist to make certain.
Councilmember Thayer stated that in the future if the work goes over that type of amount,
the Council should see it first, and Mr. Bernardi agreed.
Councilmember Boro noted that this should be more timely, since the letter from
the consultants was received in January. Mr. Bernardi responded they held it off
because they wanted to bring the whole program to the Council at one time, but since
the Merrydale Road hearing was put off to April 29th, staff wanted to resolve this
issue ahead of time.
Councilmember Thayer suggested this item would be more appropriate for the meeting on the
29th. City Manager Nicolai responded that actually this is just like paying a bill,
and noted that it had taken a long time going through CalTrans.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution
authorizing payment as discussed.
RESOLUTION NO. 8378 - AUTHORIZING THE SIGNING OF A "REQUEST FOR ADDITIONAL AUTHORIZA-
TION AND COST INCREASES" IN THE MERRYDALE OVERCROSSING DESIGN
CONTRACT WITH WILSEY & HAM IN THE AMOUNT OF $77,200
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SPECIAL PRESENTATIONS
Boro, Thayer & Vice -Mayor Breiner
None
Shippey & Mayor Mulryan
17. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO SAN RAFAEL HIGH SCHOOL GIRLS BASKETBALL
TEAM, NORTHERN CALIFORNIA DIVISION IV CHAMPIONS (Ch1) - File 109 x 102
Vice -Mayor Breiner congratulated the students and coaches and presented the four
Resolutions, and San Rafael pins for all team members.
18. PRESENTATION OF RESOLUTION DESIGNATING APRIL 27, 1991 AS CELEBRATION OF THE CHILD
FESTIVAL DAY TO SUPER DUCK (Rec) - File 104
Recreation Director McNamee introduced Super Duck and the Quackers, and Richard Burgess,
Development Director of Marin Catholic High School. Mr. Burgess expressed appreciation
for the cooperation between Marin Catholic and the City of San Rafael in this project.
He stated they are hoping the event will raise a considerable amount of money for
the Day Care Programs in the City of San Rafael. He also thanked Ms. McNamee and
the Recreation Department staff for their help and cooperation.
Vice -Mayor Breiner then presented the Resolution, after reading the high points
within the Resolution.
19. PRESENTATION OF GIFT FROM CHILDREN OF CHIANGMAI, THAILAND - File 128 x 105
Vice -Mayor Breiner announced that this item will be held over to the May 6, 1991
meeting, so that Mayor Mulryan can be present to make the presentation.
20. PUBLIC HEARING - PRIORITY PROJECTS DETERMINATION - NINE (9) APPLICATIONS (P1) -
File 115
Vice -Mayor Breiner opened the Public Hearing and continued it to May 6, 1991.
SRCC MINUTES (Regular) 4/15/91 Page 3
SRCC MINUTES �gular) 4/15/91 Page 4
21. GENERAL PLAN AMENDMENT PROCEDURES (P1) - File 115
Planning Director Pendoley explained that the staff report is recommending four
hearings a year for General Plan amendments, with three being for private amendments
and the fourth being reserved for public amendments, for housekeeping amendments
by the City. He stated that the Planning Commission had approved this recommendation,
and noted that the General Plan Amendments process has been working well. He stated
there were only one or two requests for private amendments since the Plan was adopted
in 1988.
Councilmember Thayer inquired about the definition of private initiated amendments and Mr.
Pendoley explained they were such matters as possibly a change in density by a private
property owner.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution
approving the General Plan Amendment Procedures.
RESOLUTION NO. 8379 - ADOPTING GENERAL PLAN AMENDMENT PROCEDURES
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey, & Mayor Mulryan
22. UP89-68(c); USE PERMIT AMENDMENT FOR A BILLIARD ROOM; 555 FRANCISCO BLVD. EAST,
DIANA VOLLMER, OWNER; DON DE SURVILLE, REP.; AP 14-152-28 (P1) - File 13-8
Planning Director Pendoley briefed the Council on the proposal for a Use Permit
amendment to allow the expansion of an existing pool room into an adjacent tenant
space at the Harbor Center shopping center. He noted that the Planning Commission
had unanimously recommended approval. He stated that one of the Commissioners had
raised a question about the video games blocking a view in through the windows,
and the Police Department is asking them to move the machines so there will be a
full clear view of the pool tables.
Councilmember Thayer inquired if there were any objections raised by the Planning Commission
and Mr. Pendoley stated there were none, but there had been problems with the previous
tenant, but not with these.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution
approving a Use Permit amendment to allow the expansion.
RESOLUTION NO. 8380 - APPROVING UP89-68(C), USE PERMIT AMENDMENT TO ALLOW THE EXPANSION
OF AN EXISTING POOL ROOM INTO AN ADJACENT TENANT SPACE AT
555 FRANCISCO BLVD. (HARBOR CENTER)
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
23. COUNCIL REPORTS
Boro, Thayer & Vice -Mayor Breiner
None
Shippey & Mayor Mulryan
a. REPORT ON NEW ENVIRONMENTAL STRATEGIES FOR URBAN PROSPERITY - File 10-2
Councilmember Boro reported he had recently attended a program at Marin Center,
co-sponsored by the Global Cities Project, Greenbelt Alliance, International
City/County Management, and the Local Government Commission. He stated that
the speakers were excellent, and he was impressed by the fact that our problems
are international. He stated he had obtained a copy of the speech by the Honorable
David Crombie, former Mayor of Toronto, who spoke of watershed management,
jurisdictional gridlock, and the fragmentation of government. He stated that
economic activity and environmental health are interdependent.
Mr. Boro noted that a city in Southern California has a means of taking an
entire project and turning it into affordable housing, and continue the affordable
feature after the fact without government intervention through their CC&R's.
Mr. Boro reported that Larry Orman of the Greenbelt Alliance spoke of the "Vision"
concept, which is the method we are using for the Downtown Plan, and for the
St. Vincent's/Silveira area. He said he felt it reaffirmed what we are doing
here in San Rafael.
SRCC MINUTES (Regular) 4/15/91 Page 4
SRCC MINUTES 3gular) 4/15/91 Page 5
b. DISCUSSION OF STREET TREE LIGHTS ON FOURTH STREET (PW) - File 11-4 (Verbal)
Vice -Mayor Breiner asked Public Works Director Bernardi to look into the operation
of the lights on the street trees on Fourth Street. Mr. Bernardi stated that
they are programmed to be lighted from the end of October to the latter part
of April or beginning of May, roughly six months. He stated the wiring is
controlled through the irrigation system, and he cannot separate the cost for
that reason, but it runs about $1,500 a year. He stated that when the trees
are leafed out they effectively hide the lights. Vice -Mayor Breiner stated
she would like to see them lit only until 11:00 P.M. Councilmember Boro agreed,
stating that he endorses the concept of the lights, not only for safety but
also the fact that they turn the whole Downtown into a storefront. He noted
that the cost is not high, and recommended a pilot program to see how the
lights look in the Summer now that the trees are more mature.
Mr. Bernardi suggested turning the lights on when the Farmers Market is running,
and Ms. Breiner added it would also be appropriate on nights when Macy's is
open.
C. REPORT ON THE 101 CORRIDOR ACTION COMMITTEE MEETING OF APRIL 10, 1991 - File 170
Councilmember Boro reported that he had attended the meeting last week in Petaluma,
and noted the Council had been provided with the 101 Corridor Study. He stated
that a few Sonoma County cities were present and all Marin County cities were
represented. The Sonoma County Board of Supervisors was represented. Mr.
Boro stated that they have a very tight work schedule, and are trying to complete
the study in time for the June, 1992 ballot, working toward a Countywide Plan.
Councilmember Thayer inquired if they are still "rehashing" the alternatives, and Mr.
Boro stated they are not going back over them again, but will make a choice
from those already discussed.
He noted they will be meeting the second Wednesday of every month, if any council -
members are interested in attending. He noted the differences in available
transit between Sonoma cities and Marin cities, which is an important factor,
also the fact that some of the Sonoma towns have free parking.
d. NOMINATION OF COUNCILMEMBER BORO AS CHAIRMAN OF MARIN COUNTY COUNCIL OF MAYORS
AND COUNCILMEMBERS - File 113 x 9-1 (Verbal)
Vice -Mayor Breiner requested that the City Manager prepare a letter for Mayor
Mulryan's signature, nominating Councilmember Boro as Chairman of the Marin
County Council of Mayors and Councilmembers, to be sent to Mayors and Council -
members of all Marin County cities.
ADD ITEM
I. AFFECT OF INFLUX OF IMMIGRANTS ON LOCAL ECONOMY - File 10-2 x 9-1 x 8-5 (Verbal)
Vice -Mayor Breiner noted a newspaper article regarding the influx of immigrants
upsetting the economy. She asked that the City Manager write a letter to Governor
Wilson, Congresswoman Barbara Boxer and our Senators, to make a fight for more Federal
funds in order to take care of this burden on the City's budget, and enable us to
provide a quality of life for the immigrants.
There being no further business, the meeting was adjourned at 8:45 P.M.
JEA `f� LEONCINI,'y Clerk
APPROVED THIS DAY OF , 1991
VICE -MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 4/15/91 Page 5