HomeMy WebLinkAboutCC Minutes 1991-05-20SRCC MINUT! (Regular) 5/20/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 20, 1991, AT 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS - File 1.4.1.a
No. 91-9(a) - #7
Discussion was not held.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 20, 1991, AT 8:00 P.M.
Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor
San Rafael City Council Albert J. Boro, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Others Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
COMPLAINT RE SAN RAFAEL POLICE DEPARTMENT - File 100 x 9-3-30
Steven Fletcher, of 742 West Francisco Blvd., stated he has been the victim of alleged
Police brutality and recommended that the Police Department budget be reduced by 50%.
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM RECOMMENDED ACTION
4. Extension of Time for Subdivision Improvements - RESOLUTION NO. 8400 - EXTENDING
Marin Lagoon (PW) - File 5-1-313 TIME FOR THE COMPLETION OF
IMPROVEMENT WORK - MARIN LAGOON
SUBDIVISION (To and Including
June 30, 1992)
5. Extension of Time for Subdivision Improvements -
Spinnaker Point Unit 5 (PW) - File 5-1-263
7. Resolution of Appreciation for John Rumsey,
Traffic Engineer (PW) - File 102 x 9-3-40
8. Approval of Partial Closure of Fourth Street
and "A" Street for Dance, Classic Car Parade
and Display Sponsored by Downtown Merchants
Association on Saturday, May 25, 1991 (RA) -
File 11-19
9. SECOND READING AND FINAL ADOPTION OF ORDINANCE
NO. 1604 - AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020
OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO
AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE
NORTHGATE ACTIVITY CENTER (RE Z91-2 - 101 & 111
SMITH RANCH ROAD) (P1) - File 10-3
11. Certificate of Completion - De -Annexation -
Upper Toyon Drive Reorganization #2 (Pl) -
File 5-2-90
RESOLUTION ON. 8401 - EXTENDING
TIME FOR THE COMPLETION OF
IMPROVEMENT WORK - SPINNAKER
POINT UNIT V (To and including
June 28, 1991)
RESOLUTION NO. 8402 - RESOLUTION
OF APPRECIATION FOR JOHN RUMSEY,
TRAFFIC ENGINEER
Approved staff recommendation.
Approved final adoption.
RESOLUTION NO. 8403 - ACCEPTING
CERTIFICATE OF COMPLETION FOR
"UPPER TOYON DRIVE REORGANIZATION
#2" (De -annexation)
SRCC MINUTES (Regular) 5/20/91 Page 1
SRCC MINUTE: legular) 5/20/91 Page 2
14. Resolution Authorizing the Extension of the
Agreement with Kay Sprinkel Grace to Conduct a
Fund Raising Feasibility Study for Falkirk
Cultural Center and The Boyd House (Cult.Affs.)
- File 4-10-250
16. Resolution Declaring a Severe Fire Danger (FD) -
File 9-3-30
17. Report on Annual Filings - Fair Political
Practices Commission Forms 730, Statements of
Economic Interests for Designated Employees,
Including Consultants (CC) - File 9-4-3
18. Call for Applications re Expiration of Terms of
Two Members of Planning Commission (CC) -
File 9-2-6
19. Three (3) Pickup Trucks for Parks Division of
Public Works: (Gen. Svcs.) - File 4-2-254
a. Resolution Rescinding Resolution No. 8386.
Authorizing Purchase of Three Pickup Trucks
for Use by the Parks Maintenance Division
of the Department of Public Works (from
Wayne Cross Ford)
b. Resolution Authorizing Purchase of One (1)
Pickup Truck from Wayne Cross Ford
C. Resolution Authorizing Purchase of One (1)
Pickup Truck from Wayne Cross Ford
RESOLUTION NO. 8404 - AUTHORIZING
THE EXPENDITURE OF FALKIRK
MEMBERSHIP FUNDS, AND AUTHORIZING
THE CITY MANAGER TO EXTEND AN
AGREEMENT (AN ADDITIONAL $1,920
FOR A TOTAL OF $10,245) WITH
KAY SPRINKEL GRACE, ORGANIZATIONAL
CONSULTANT, FOR PROFESSIONAL
SERVICES TO CONDUCT A FUND RAISING
FEASIBILITY STUDY FOR FALKIRK
CULTURAL CENTER AND THE BOYD
HOUSE (1/1/91 - 7/31/91)
RESOLUTION NO. 8405 - DECLARING A
SEVERE FIRE DANGER
Accepted report.
Approved staff recommendation to
call for applications, deadline
6/11/91, Noon, and set date for
interviews at Special Meeting
6/17/91, 6:30 P.M.
RESOLUTION NO. 8406 - RESCINDING
RESOLUTION NO. 8386, AUTHORIZING
PURCHASE OF THREE PICKUP TRUCKS
FOR USE BY THE PARKS MAINTENANCE
DIVISION OF THE DEPARTMENT OF
PUBLIC WORKS (from Wayne Cross
Ford)
RESOLUTION NO. 8407 - AUTHORIZING
THE PURCHASE OF ONE PICKUP TRUCK
FOR USE BY THE PARKS MAINTENANCE
DIVISION OF THE DEPARTMENT OF
PUBLIC WORKS (from Wayne Cross
Ford, low responsible bidder,
in the amount of $13,933.70)
RESOLUTION NO. 8408 - AUTHORIZING
THE PURCHASE OF TWO PICKUP TRUCKS
FOR USE BY THE PARKS MAINTENANCE
DIVISION OF THE DEPARTMENT OF
PUBLIC WORKS (from Folsom Lake
Ford, low responsible bidder,
in the amount of $22,411.06)
20. Legislation Affecting San Rafael (CM)
- Approved
staff recommendation:
File 9-1
SUPPORT:
AB26 (Lancaster) Booking
Fees. Repeal of SB2557.
OPPOSED:
AB1417 (Friedman) Public
Safety Officers:
Administrative Hearings.
OPPOSED:
SB208 (Kopp) Lawyer -
Client Confidentiality:
Elected Public Attorneys.
OPPOSED:
AB971 (Peace) Workers'
Compensation: Fire-
fighters.
OPPOSED:
AB933 (Umberg) Workers'
Compensation: Fire-
fighters.
SUPPORT:
AB434 (Sher) Vehicle
Registration Fees.
21. Claim for Damages:
Approved
City Attorney's recommend-
ation for
denial of claim.
a. Tad Travis (PW)
Claim No. 3-1-1550
AYES: COUNCILMEMBERS: Boro, Shippey,
Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular)
5/20/91 Page 2
SRCC MINUTI Regular) 5/20/91 Page 3
The following items were removed from the Consent Calendar for discussion:
2. APPROVAL OF MINUTES OF SPECIAL MEETINGS OF APRIL 29, 1991, AND MAY 6, 1991, SPECIAL
JOINT MEETING OF MAY 6, 1991, AND REGULAR MEETING OF MAY 6, 1991 (CC) - File 1-4
Vice -Mayor Breiner referred to the Minutes of the Special Meeting of April 29, 1991,
on Page 5, third paragraph from the bottom of the page, in response to a question
from Councilmember Shippey, it should read for clarification, "Mr. Strom responded
it will still be there as an option, for users eastbound on Freitas"; on Page 7
of the same minutes, fifth paragraph, fifth line, it should read, "...since this has
been a long term goal which precludes its use as an alternative to the Merrydale
Overcrossinq_". Councilmember Shippey stated that on Page 7 of the same minutes, the
last sentence should be changed by deleting the words, ..."it would go away", and
substituting the words, "...the project would fail".
Councilmember Shippey moved and Councilmember Boro seconded to approve the Minutes
of the Special Meeting of April 29, 1991, as amended, and to approve the balance of the
Minutes as submitted.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
3. REPORT ON BID OPENING AND AWARD OF CONTRACT - TERRA LINDA COMMUNITY CENTER PLAYGROUND
IMPROVEMENTS (PW) - File 4-1-445
Councilmember Shippey inquired how much work is being done for the $67,223, and noted
the amount of concrete and ground work.
Public Works Director Bernardi referred to the Bid Summary attached to the staff report,
and noted that much of it is engineering work.
Recreation Director McNamee further explained that much of the concrete work is due
to making it handicapped accessible, which includes removing areas of concrete in order
to provide the proper slopes for ramps and to make the area wheelchair accessible.
Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution
awarding the bid for the project to Bauman Landscape, Inc.
RESOLUTION NO. 8409 - RESOLUTION OF AWARD OF CONTRACT, TERRA LINDA COMMUNITY CENTER
PLAYGROUND IMPROVEMENTS (To Bauman Landscape, Inc., lowest
responsible bidder, in the amount of $67,223)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
6. RESOLUTION SETTING FORTH INTENTION TO ADOPT RESOLUTIONS OF NECESSITY FOR ACQUISITION
OF PROPERTY FOR MERRYDALE OVERCROSSING PROJECT (PW) - File 11-1 x 4-13-80 x 4-3-216
x 9-3-40 x 10-2 x 11-16
Councilmember Boro inquired about signalization in the Overcrossing area, and Public
Works Director Bernardi responded that the signalization will proceed as a separate
project. Councilmember Shippey said he, too, was interested in the signalization issue,
and asked for a map of the area since he had trouble following the Resolution.
Vice -Mayor Breiner stated that the circulation in that entire area must be looked at,
including the intersection with the Payless Drugstore access. She stated she would
like the information back to the Council fairly soon.
Councilmember Thayer inquired about the eminent domain issue, and where it is funded
through. Mr. Bernardi responded that it is funded through the Assessment District.
Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution
and set a Public Hearing for the meeting of June 17, 1991.
RESOLUTION NO. 8410 - SETTING FORTH THE INTENTION OF THE CITY COUNCIL TO ADOPT
RESOLUTIONS OF NECESSITY FOR ACQUISITION OF PROPERTY FOR THE
MERRYDALE OVERCROSSING PROJECT
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular) 5/20/91 Page 3
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10. RESOLUTION WITH FINDINGS DENYING APPEAL OF PLANNING COMMISSION'S ADOPTION OF A NEGATIVE
DECLARATION AND CONDITIONAL APPROVAL OF A TENTATIVE MAP FOR A FOUR LOT SUBDIVISION;
LINDEN LANE AND NEWHALL DRIVE; WILLIAM MOORHOUSE AND EDWARD NICOLAUS, REPRESENTATIVES
AND OWNERS; LINDEN LANE HOMEOWNERS ASSOCIATION, APPELLANT; AP# 15-051-41 (Pl) -
File 5-1-319
Vice -Mayor Breiner stated she has not had an opportunity to review the newly -revised
Resolution, but she had previously had a concern regarding Condition (73).
Planning Director Pendoley stated that the recent changes are marked in italics, and
noted that on Condition (73) the building envelope for Lot 1 is now located at least
45 feet from the property line along Linden Lane, as requested. Also, at the end of
that paragraph, regarding the setback for Lot 4, it now reads, ". . .shall retain
a minimum of 25 feet from the edge of the existing pavement area on Newhall Drive".
Mr. Pendoley pointed out there is also a change in Condition (80) where it states that
the subdivision is approved for two years from May 6, 1991, unless renewed. The word
was previously "until".
Mr. Pendoley stated he had also received a letter from Ms. Cole, attorney for the
Appellant, relating to Condition (67). He said he feels that the language represents
the intent of the Council; however, if the Council shares Ms. Cole's concerns about
residents being properly consulted, he could suggest a minor change in the wording,
such as, ". . .shall be noticed and consulted" with regard to Design Review Board
(DRB) meetings to make it clear that they would have a chance to speak at the DRB
meeting. Councilmember Thayer stated that would be a beneficial change.
Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution
with the amendment to Condition (67) as discussed by the Planning Director.
RESOLUTION NO. 8411 - DENYING THE APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF A
NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A TENTATIVE
SUBDIVISION MAP, TS89-29, FOR A FOUR LOT RESIDENTIAL SUBDIVISION;
LINDEN LANE AND NEWHALL DRIVE ("LINDEN LANE SUBDIVISION")
WILLIAM MOORHOUSE AND EDWARD NICOLAUS, REPRESENTATIVES AND
OWNERS; LINDEN LANE HOMEOWNERS ASSOCIATION, APPELLANTS
(AP #15-051-14)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
12. STATUS REPORT ON CHILD CARE PROGRAMS IN THE DIXIE SCHOOL DISTRICT (Rec.) -
File 4-10-188a
Councilmember Shippey expressed concern about the mention in the staff report that
the agreed-upon terms can be covered by the program unless there are not sufficient
families using the program.
Recreation Director McNamee explained that they usually plan their programs to have
sufficient families to meet the cost, and hopefully they can get the word out to the
community to have enough for an enrollment. She added that staff knows there is a
need for these programs in the area.
Councilmember Thayer inquired if Dixie School District is within the incorporated area
of San Rafael, and Ms. NcNamee responded that it is not, but it is within the sphere
of influence of the City.
Councilmember Boro stated he would like to publicly commend the Dixie School Board for
the approach that they have taken, which he feels is a real step forward. He added
that parents can leave their children at a given site in the morning and pick them up
at the same site at night without having them transported, and this is a positive
step forward.
Councilmember Boro moved and Councilmember Thayer seconded, to accept the report that
the City's child care program at Don Timoteo School will soon move to Vallecito and
Dixie Elementary Schools.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
13. RESOLUTION ACCEPTING A GRANT OF $9,000 FROM THE MARIN COMMUNITY FOUNDATION FOR THE
FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL, FOR MULTI -CULTURAL PROGRAMMING AND
AUTHORIZING EXECUTION OF THE AGREEMENT (Cult. Affs.) - File 194
Councilmember Boro stated he assumes we will get input from the Hispanic and Southeast
Asian community as we proceed with the planning for the program.
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SRCC MINUTE° Regular) 5/20/91 Page 5
Library/Cultural Affairs Director Stratford responded that there is a resource group
which is called for in the grant, and is actually in existence at this time, and they
will help in planning the program.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution
accepting the grant.
RESOLUTION NO. 8412 - ACCEPTING A GRANT OF $9,000 FROM THE MARIN COMMUNITY FOUNDATION
FOR THE FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL, AND
AUTHORIZING EXECUTION OF THE AGREEMENT
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
15. RESOLUTION OF APPRECIATION FOR FRED DEKKER, CULTURAL AFFAIRS COMMISSIONER
(Cult. Affs.) - File 102 x 9-2-24
Councilmember Boro recommended a presentation be arranged due to Mr. Dekker's 17
years of service on the Commission. Vice -Mayor Breiner responded that an event is
being planned.
Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution
of Appreciation for Fred Dekker.
RESOLUTION NO. 8413 - RESOLUTION OF APPRECIATION (To Fred Dekker, Cultural
Affairs Commissioner)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
APPOINTMENT OF CULTURAL AFFAIRS COMMISSIONERS - File 9-2-24
Vice -Mayor Breiner reported that the Council had met earlier in the evening and interviewed
the last applicant for the Cultural Affairs Commission vacancies. She announced that the
Council had reappointed James Boughey, and had appointed Beatriz Manzo to the Cultural
Affairs Commission.
SPECIAL PRESENTATION
22. CERTIFICATE OF APPRECIATION PRESENTED TO THE EMPLOYEES OF THE CITY OF SAN RAFAEL
FOR THEIR PARTICIPATION IN LAST YEAR'S UNITED WAY CAMPAIGN (CM) - File 109
Mr. Jeffrey Butler, Systems Manager of VIACOM Cable TV, representing United Way,
presented Vice -Mayor Breiner with a plaque in appreciation to the City of San Rafael
employees who contributed over $7,000 to last year's campaign.
City Manager Nicolai stated that Sharon Andrews, Administrative Assistant of her
office, had been the person responsible for the success of the campaign among the
City's employees.
23. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 912 LINCOLN AVENUE
(LAS CAMELLIAS RESTAURANT) (PW) - File 13-1-1
Vice -Mayor Breiner opened the Public Hearing.
Public Works Director Bernardi informed the Council that the owners of the restaurant
at 912 Lincoln Avenue wish to abate a hazard which exists in the front of their
building, consisting of a porch which is partially constructed of unreinforced masonry.
When demolishing the porch, the owners wish to extend the front of the restaurant
building to the sidewalk. According to State law, there is a mandated requirement
for disabled access to the front entry at the restaurant. The applicant feels that
if a ramp were to be required it would be an unreasonable hardship, since almost
50% of the space to be added to the building would be taken up by the ramp. This would
lead to a net loss of seating from the existing situation. In addition, there is an
entry ramp at the side entry to the restaurant which was added some years ago to
provide handicapped access.
Mr. Bernardi stated that his office had contacted the Marin Center for Independent
Living, but have not received a reply. He stated that staff is recommending that
the City Council, sitting as the Board of Appeals, determine after hearing all testimony
that this would prove an unreasonable hardship on the applicant. He further recommended
that staff be directed to prepare an appropriate Resolution with findings and bring
it back for adoption at the next meeting.
SRCC MINUTES (Regular) 5/20/91 Page 5
SRCC MINUTI (Regular) 5/20/91 Page 6
Councilmember Thayer inquired if anyone else had been contacted besides the Marin
Center for Independent Living, and Mr. Bernardi stated that organization is the City's
resource in these cases.
Vice -Mayor Breiner stated it would be appropriate for staff to work with the applicant
to make sure that the sign directing people to the ramp at the side is appropriate.
Huqh Murphy, architect for the project, representing owner Fred Divine, informed the
Council that he agrees with the staff report.
There being no further public input, the Public Hearing was closed.
Councilmember Thayer moved and Councilmember Shippey seconded, to approve the staff
recommendation and direct them to prepare a Resolution with Findings to be brought
back at the next meeting. Ms. Thayer added she was glad to see the owners taking steps
to correct their unreinforced masonry.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
24. ED90-44 - ENVIRONMENTAL AND DESIGN PERMIT FOR KAISER HOSPITAL, NEW MEDICAL OFFICE
BUILDING AND PARKING AND CIRCULATION PLAN ADJACENT TO THE BUILDING; 99 MONTECILLO
ROAD; KAISER FOUNDATION HOSPITAL, OWNER; KATHLEEN G. WOOD, REP.; AP# 175-060-57 kPl) -
File 10-7
Planning Director Pendoley briefed the Council on the project, stating that in February
of 1989 the Kaiser Hospital proposed a Master Plan for future development of their
campus. He traced the project through its various stages, to approval of the Use Permit
in June of 1989. The approval of the Use Permit was appealed and on August 7, 1989, the
City Council had denied the Appeal and approved the Use Permit and Zone Change for
the Master Plan.
Mr. Pendoley noted that Condition (e) of the Master Plan Use Permit approval required
that the Environmental and Design Review Permit for the Medical Office Building
(MOB) and the parking and circulation plan for the lower lot adjacent to the MOB
be reviewed by the Design Review Board (DRB) and the Planning Commission, and approved
by the City Council prior to issuance of building permits. Mr. Pendoley reported that
this project has been before the DRB on six occasions, and Kaiser has held six neighbor-
hood meetings. He stated it has been a long, arduous process and he thanked the Kaiser
team for their efforts. He stated they had worked with the neighborhood, the staff, and
the DRB, and he is grateful for their cooperation.
Attorney Albert Bianchi, representing Kaiser, thanked the staff for their cooperation and
guidance.
John Kouletsis, architect for the project, showed the Council a model of the MOB,
and drawings of the proposal. He thanked the Planning staff, and the neighbors on
LeClaire Court. He stated that they were a great help. Mr. Kouletsis reported that
they had reduced the mass of the building as much as possible, while retaining the
neighborhood concept.
Councilmember Boro inquired if the elevator shafts and mechanical equipment are screened.
Mr. Kouletsis responded that there will be no duct work on the roof, and they will
paint the air-conditioning equipment to minimize their impact as seen from above.
Mr. Pendoley added that the DRB had looked at that issue very carefully and, with the
exception of the view from the Kaiser tower, it will not be noticed.
Councilmember Shippey inquired about the circulation of the traffic through the parking
lot. Mr. Kouletsis showed a site plan model with plantings and indicated the circulation
pattern. He noted that there will be very little traffic in the LeClaire Court area.
Also, there will be a 15 -foot planted barrier; and there will be two entrances so
there will not be congestion on the street. Mr. Kouletsis then explained the ramp
which leads to the upper parking, and that it will have a height limitation bar so
it cannot be used by trucks. However, it could be used in an emergency by an ambulance.
Councilmember Shippey inquired if the Council will be addressing the issue of the
temporary parking during construction, and Mr. Pendoley responded that parking will
need a Use Permit and will be a separate issue at a later date.
Councilmember Thayer recommended a review in a ten-month period, to see if there is a
problem with the neighbors, on this phase.
Mr. Bianchi stated that the Aldersgate Church parking lot is not going to be used,
due to the neighbors' concerns. He said they are developing other sites, and noted
they will be on a short-term basis.
SRCC MINUTES (Regular) 5/20/91 Page 6
SRCC MINUTES'—egular) 5/20/91 Page 7
Councilmember Thayer commended the Kaiser team on their efforts with the neighbors.
Mr. Kouletsis responded that they will be having one or two more meetings regarding
design of the wall on the LeClaire Court side.
Vice -Mayor Breiner stated that, although this is not a public hearing, if anyone wished
to speak on this project, they might do so at this time.
Ruby Edgar, a resident of LeClaire Court expressed her concern regarding the windows
in the south end of the building, and also the terrace, and said it would intrude on
her privacy.
Mr. Kouletsis stated there was some confusion, since when they had some neighborhood
meetings the model of the MOB was not completed. He explained that the south side
of the building, adjacent to LeClaire Court only has windows on the second floor for
the gymnasium which is part of the Physical Therapy program. There is also an exercise
room, and the windows are only to allow light into the room. The terrace will be
used only for outdoor exercises for patients and not for coffee and lounging. He added
that the closest house is 150 feet from the terrace, and while there may be some visual
issues, that end is not to be used for general office use. He added that the MOB will
be closed at 5:00 P.M., and there should be no one in the area in the mornings to look
toward LeClaire Court.
Mr. Pendoley suggested the Council may want to have staff do an amendment to the wording
for the final fence to be brought back to the DRB, and also the landscaping. He
stated this problem is easily dealt with, and 150 feet is a significant distance.
Vice -Mayor Breiner recommended a condition stating that the terrace is for medical
uses only.
Councilmember Boro inquired if the windows will have vertical blinds, and Mr. Kouletsis
responded that all windows will have some covering. He stated that the existing
planting will, in the next four or five years, effectively block any views from the
second story windows.
Councilmember Boro moved and Councilmember Shippey seconded, to approve the Environmental
and Design Review ED90-44 for the Medical Office Building and the parking and circulation
plan for the lower lot adjacent to the Medical Office Building, and to include in
the approval the wording of conditions as suggested by the Planning Director.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution
approving ED90-44, also that there be periodic review of the parking lot.
RESOLUTION NO. 8414 - APPROVING THE ENVIRONMENTAL DESIGN REVIEW PERMIT FOR A NEW
MEDICAL OFFICE BUILDING AND THE PARKING AND CIRCULATION PLAN
FOR THE LOWER LOT ADJACENT TO THE MEDICAL OFFICE BUILDING
(Re: ED90-44 - 99 Montecillo Road)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Mr. Pendoley added that there will be conditions on the Use Permit for offsite parking.
25. CITY COUNCIL REPORTS
a. DISCUSSION OF MAJOR CRIMES TASK FORCE (PD) - File 4-10-114 x 9-3-30
Vice -Mayor Breiner expressed concern that while the City's budget is being cut, the
Major Crimes Task Force is looking for a substantial increase. She recommended they
make an attempt to cut their increases, possibly cutting back on overtime.
Police Chief Ingwersen explained that the interest income from the Asset Forfeiture
Account is helping to fund some of the costs (re radio, new cars, etc.). He stated
that there is an Oversight Committee with members of the Board, members appointed by
MCCMC, as well as the City Managers' group. Basically, this budget has been
submitted and approved by them. Vice -Mayor Breiner commented that this year it
is to be handled a little differently from the past, according to (Novato City
Manager) Phil Brown's memo. City Manager Nicolai stated that this was to be
approved in concept at this time. Mrs. Breiner asked how much this meant the
City would pay. Councilmember Boro answered that it was up $5,000. Ms. Nicolai
stated it is not as high as it was several years ago. Chief Ingwersen confirmed
this.
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SRCC MINUTEST Zegular) 5/20/91 Page 8
Councilmember Boro stated that this increase did not appear to be consistent with
other cities in the County. Chief Ingwersen responded that the formula is different
for each city and the County, according to population and assessed valuation.
Mr. Boro stated that the population within the County did not go up 10% as did the
City of San Rafael. Chief Ingwersen stated that the County pays 50% of the first 6
people and then approximately 2/3rds of the next three. Mr. Boro suggested consider-
ing other agencies' requests on the budget to put in perspective the scope of the
City's budget. He stated he did not understand why this was not sent through the
normal process.
Ms. Nicolai stated that this item would be discussed at the time of the budget
hearings. Chief Ingwersen stated that this was brought up at the request of
Vice -Mayor Breiner and he was not asking for approval at this time.
Ms. Nicolai noted there was a philosophical difference in the procedure that makes
it a component of the Police Department budget. She stated one problem that
is involved in this and the Humane Society budget is that the City is a member of
the JPA, which makes it more difficult to follow the changes made from other juris-
dictions. She suggested they might want to find someone on the Oversight Committee
who would "watch dog" the activities around these items, noting that this procedure
is difficult because there are over 11 jurisdictions involved in this task force and
when one change is made, the other jurisdictions have to be notified which is very
time-consuming.
Councilmember Boro suggested they might want to check on the Oversight Committee
to see who might be available to oversee this item. Ms. Nicolai suggested City
Managers Phil Brown and Chuck Cate, and from MCCMC Paul Chignell. Councilmember
Shippey stated they should get a better understanding of the formula as to
why San Rafael is paying 10% more than other cities. Ms. Nicolai stated that it
does not have anything to do with the cost of living, noting it is a very complex
formula. Vice -Mayor Breiner stated there was no consistency in the increased
figures - one place indicates the agency contributions are up 6.4% and in another
place it is indicated as a 9% increase. Chief Ingwersen stated that the budget
itself has gone up totally 9% - with 6.4% being funded by the cities and the
differential being funded by the Asset Forfeiture Account.
Vice -Mayor Breiner stated that this needs more attention and discussion by the
Oversight Committee. She suggested the possibility of using a small percentage
of funds from the Asset Forfeiture Account for out-of-pocket costs. Ms. Nicolai
then asked Ms. Breiner to confirm that she meant to use some of the principal.
Ms. Breiner answered to a small extent when there are major expenditures such as
the new police radio. Ms. Nicolai suggested bringing this up at MCCMC because
this would be a policy decision, indicating there is a policy from the Managers'
group directed toward the Major Crimes Task Force, not to use drug asset seizure
funds specifically in order to build the account up so that it will fund the whole
operation. She stated that whenever the principal is used in this account, it
decreases the interest made on this amount. Ms. Breiner stated that maybe this
could be resolved with a tighter lid placed on the overtime and the forfeiture
account, therefore, is not touched. Ms. Nicolai responded that overtime has much
to do with when the incident occurs and this cannot be planned. Chief Ingwersen
stated that when police officers get into a drug transaction, they cannot stop
because the time runs out. Ms. Breiner asked Chief Ingwersen if this task force
used the regular types of hours like the shifts in a city police department. He
answered they do not, stating it is a totally different and specialized unit and
noting it is strictly all investigative work. The officers' hours are shifted to
work whatever hours are necessary in a particular investigation, and many of their
days are 12 to 14 hour days because when they get involved in a drug transaction,
they could end up in any part of the Bay Area.
Councilmember Thayer asked how the salaries are set on this task force and are they
compatible with salaries in various other police departments. Chief Ingwersen
indicated that each officer brings their own salary with them from their own agency.
Councilmember Boro stated as he looked at the enclosed material, there is a raise
of $9,000 which is approximately 11%, indicating these are very big increases.
He asked if these salaries included benefits and Chief Ingwersen answered affirma-
tively. Mr. Boro expressed concern that the rate of increase might be more for
this agency than for a city. Ms. Nicolai responded that the problem the Task
Force has is that they have to estimate for different contingencies than the
cities. She stated that these figures could be an estimate. Ms. Breiner stated
that this may be an overly generous estimate and Chief Ingwersen indicated he
thought it was a 5% increase. Mr. Boro stated that all together, benefits and
salaries,.the total increase is 10% and he was concerned about this. Chief
Ingwersen stated that these questions would probably be best directed to the
representatives of the MCCMC who sit in review of the budget for this task force,
noting these representatives have tentatively accepted this budget as it is now.
SRCC MINUTES (Regular) 5/20/91 Page 8
SRCC MINUTE' Regular) 5/20/91 Page 9
Mr. Boro suggested that Ms. Breiner check with Mr. Chignell and get more information
on this decision.
City Manager Nicolai stated that she could not see going through MCCMC to do a
line item review of this budget. She suggested having a subcommittee of this
Council meet with Walt Kosta and possibly one of the Oversight Committee members
to go over this budget and report back to the Council in more detail. She also
suggested that after learning more about this, the Council might want to bring
this up at MCCMC and see if they might want to set up a different system.
Ms. Breiner agreed with this.
ADD ITEMS:
b. COUNTYWIDE PLANNING COMMITTEE - ST. VINCENT'S/SILVEIRA PROPERTIES - File 191 x
9-2-45
Councilmember Boro moved and Councilmember Shippey seconded, to put this item
on the agenda as an Urgency Item.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Boro called attention to a letter from the City of Mill Valley, dated
May 10, 1991, specifically the top of Page 3, regarding St. Vincent's/Silveira.
He reminded the Council that about a month ago they passed a Resolution asking the
Countywide Planning group that they defer any planning for this particular site,
and defer that to the Committee which San Rafael now has underway. He stated that
this letter does not seem to support that, and the Planning Director has written
a Resolution on that issue.
Mr. Boro added that the next item on the page, regarding Downtown Novato and
Downtown San Rafael, he did support, but it seemed a little unrealistic and he
did not think some other cities with a downtown would want to take this approach.
He noted that the East San Rafael approach seems to be consistent with our
Council's position on the Canalways site.
Mr. Pendoley stated that in the Resolution, he tried to explain that the Advisory
Committee, which is working on the Opportunities and Constraints Analysis, is a
City/County effort and that the Planning Director of the County is a member of
that committee, as well as a member of the Board of Supervisors. He stated that
Council has directed very specifically that the Committee should consider
amendments to today's General Plan. He said he made clear in the wording that
this is not just a study, but is intended to yield amendments to the General Plan.
He also pointed out that an amendment to the Countywide Plan prior to completion
of the work of the Committee could seriously compromise the effort. He said
another point is to urge the Countywide Planning Agency to recommend land use
designations and policies which are consistent with those in San Rafael's General
Plan today, so everyone would be at the same starting point for the Advisory
Committee. He also is asking the Countywide Planning Agency to recommend policies
which would have that property revisited when the City's Advisory Committee
completes its work and Council has made any amendments that choose to in the General
Plan.
Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, noted
she was quite concerned about the letter from Mill Valley, and is very pleased that
staff had time to draft the Resolution. She stated there is a meeting Thursday
night, and she urged that the Council be represented. She stated she plans to be
there and will get others who are affordable housing advocates to come also.
Vice -Mayor Breiner inquired about the statement at the top of Page 3 in the Mill
Valley letter, regarding the County not deferring designation of an appropriate
land use because the County's plan could be rendered invalid. She asked if
that was a true fact.
Mr. Pendoley responded he does not think so, pointing out that all staff asked
is that they defer making any changes, but they did not ask them to leave a part
of their plan without land use designation. This would not be consistent with
State law.
Mr. Boro stated that originally they asked to discontinue their existing zoning
until our Plan was complete, and now Council is asking if they would adopt our
existing zoning, knowing that it will be changed somewhat based on the Silveira/
St. Vincent's study.
Vice -Mayor Breiner suggested another option which would be to call Housing and
Community Development (HCD) and state to them that this is the most controversial
piece of property in the County, and could it be labeled a "study area" and no
SRCC MINUTES (Regular) 5/20/91 Page 9
SRCC MINUTES ,Regular) 5/20/91 Page 10
one's plan would be considered invalid, considering the ongoing Opportunities and
Complaints Analysis.
Mr. Pendoley stated he will give the Office of Planning and Research a call.
He added that staff has consulted with a number of experts, trying to find as
much as possible about the law, which they did not find, but they will not leave
any avenue unexplored.
Councilmember Shippey stated that the Resolution was very well written in a short
time and he supported it.
Councilmember Thayer stated she has not had much time to reflect on it, having
just received the letter from Mill Valley and Resolution, but she does not find
much wrong with the letter; however, noting as Councilmember Boro stated, that
there is a problem on Page 3. She stated that this troubled her because Council
is trying to do their plan concurrently with the County. Councilmember Boro
explained that the Council has already taken action a month ago, and wanted to
have it clarified more. He stated they have already written to Countywide
Planning suggesting this and now a city (Mill Valley) is writing back opposing
this. He wanted to reaffirm the prior statement and strengthen it further.
Councilmember Shippey explained that they are concentrating on the Resolution
at this time, noting it is easier to go through that than to address the Mill
Valley letter at this late hour.
Councilmember Boro moved and Councilmember Shippey seconded, to adopt the
Resolution, as discussed.
RESOLUTION NO. 8415 - REGARDING THE UPDATE OF COUNTYWIDE PLAN LAND USE DESIGNATIONS
FOR THE ST. VINCENT'S/SILVEIRA PROPERTIES
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
C. LEGISLATIVE BILL RE MOBILEHOME PARKS - File 13-7-1 x 9-1
Councilmember Shippey moved and Councilmember Thayer seconded, to put this item on
the Agenda as an Urgency Item.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
City Manager Nicolai stated she was made aware of AB 945, Mobilehome Parks:
Acquisition by Eminent Domain (Ferguson) by Stan Yates. She noted that it
prohibits a local agency, with certain exceptions, from acquiring an existing
mobilehome park by Eminent Domain. She recommended that she write a letter
expressing opposition.
Councilmember Shippey moved and Councilmember Boro seconded, to direct staff
to write to Sacramento in opposition to the proposed AB 945.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
d. CITY BUDGET HEARING DATES - File 8-5 (Verbal)
City Manager Nicolai asked the Council to set dates for the Budget Hearings.
Tuesday, June 18th and Wednesday, June 19th were (tentatively) chosen. Ms. Nicolai
stated they will start early.
There being no further business, the meeting was adjourned at 9:30 P.M.
JEAN LEONCINI, a y Clerc -
APPROVED THIS DAY OF
, 1991
VICE -MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 5/20/91 Page 10