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HomeMy WebLinkAboutCC Minutes 1990-09-04SRCC MINUTE- (Regular) 9/4/90 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 4, 1990, AT 8:00 P.M. Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Joan Thayer, Councilmember Absent: Lawrence E. Mulryan, Mayor Michael A. Shippey, Councilmember Also Present: Pamela J. Nicolai, City Manager Jeanne M. Leoncini, City Clerk Vice -Mayor Breiner announced that there had not been a closed session held before the meeting. RE: LIVE-ABOARDS - SAN RAFAEL CANAL AREA - File 12-10 x 9-3-30 Admiral Tom Patterson (Ret.) reported to the Council that a large vessel which appears to be a derelict was apparently towed from the Sausalito area to just outside the San Rafael Canal area. He noted that it has no running lights. He urged that action be taken quickly regarding this vessel, since otherwise it could be a signal to others to follow, unless it is removed without delay. Adm. Patterson offered to accompany the Councilmembers on a water tour of the entire Canal, if they desire. 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 Meeting of August 16, 1990, and Special Joint and Regular Meetings of August 20, 1990 (CC) 3. Resolution Authorizing Public Works Director to Apply for State -Local Partnership Projects (PW) - File 11-15 x 9-3-40 4. Resolution Authorizing Execution of Reconveyance of Deed of Trust - Rice Drive Extension (PW) - File 2-5-17 5. Transfer of Street Lights to the Marin Street Light Acquisition Joint Powers Authority (PW) - File 4-4-6 x 11-4 6. Report on Bid Opening and Award of Contract - Linden Lane Drainage Improvements (PW) - File 4-1-438 Recommended Action Approved as submitted. RESOLUTION NO. 8226 - AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPLY FOR STATE -LOCAL PARTNERSHIP PROJECTS RESOLUTION NO. 8227 - AUTHORIZING EXECUTION OF REQUEST FOR FULL RECON- VEYANCE OF DEED OF TRUST - RICE DRIVE EXTENSION - (625 THROUGH 655 DU BOIS STREET) RESOLUTION NO. 8228 - AUTHORIZING EXECUTION OF TRANSFER BY CONVEYANCE AND AMENDED JPA AGREEMENT FOR TRANSFER OF STREET LIGHTS TO THE MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY RESOLUTION NO. 8229 - AWARD OF CONTRACT (Linden Lane Drainage Improvements, to Low Bidder, Bauman Landscape Inc., $21,945) 7. Resolution Accepting Proposal from RESOLUTION NO. 8230 - ACCEPTING PROPOSAL Industrial Power Technology for FROM INDUSTRIAL POWER TECHNOLOGY FOR Design Services to Relight Lower Decks ELECTRICAL DESIGN SERVICES FOR RELIGHT - of Parking Structures at Third and ING CITY PARKING STRUCTURES AT THIRD Lootens, and Fifth Ave. and C Street AND LOOTENS AND FIFTH AND "C" STREETS (PW) - File 4-10-248 IN THE AMOUNT OF $8,575 8. Authorization to Call for Bids for Approved staff recommendation. Reroofing of: (PW) - File 4-1-439 x (Funds budgeted out of Non -Departmental 4-1-440 Special Project Account) a. Council Chambers Roof b. B Street Community Center Roof SRCC MINUTES (Regular) 9/4/90 Page 1 10. Renewal of Lease Agreement with San Rafael Pop Warner Football Club re Storage Space at Albert Park Stadium (Rec) - File 4-10-127 11. Agreement with County of Marin for Community Development Block Grant (CDBG) Funds for $6,555 for Child Scholarships (Amendment II to Appendix C) (Rec) - File 4-13-38 SRCC MINUTES (Regular) 9/4/90 Page 2 RESOLUTION NO. 8231 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Two year Contract w/San Rafael Pop Warner Football Club @ $45/Month, effective July 1, 1990 to June 30, 1992) RESOLUTION NO. 8232 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE - Care MENT (W/County of Marin for CDBG Funds for $6,555) 12. Authorization to Call for Bids for Gerstle Park Playground Improvements (Rec) - File 4-1-441 13. Partial Street Closure for Block Party - Balboa Avenue at Las Casas Drive, September 15, 1990 (PD) - File 11-19 14. Resolution of Appreciation for Robert Wade, Police Officer, Retired with 25 Years' Service (PD) - File 102 x 9-3-30 15. Resolution of Appreciation for Nancy Dalton, San Rafael Schools Superintendent (CM) - File 102 x AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Approved staff recommendation. (Construction expected to begin late October, 1990) Approved staff recommendation for partial closure, from noon until 9:00 P.M. RESOLUTION NO. 8233 - RESOLUTION OF APPRECIATION TO POLICE OFFICER ROBERT E. WADE RESOLUTION NO. 8234 - RESOLUTION OF APPRECIATION TO NANCY DALTON, SAN 9-2-1 RAFAEL SCHOOLS SUPERINTENDENT (On departure from San Rafael) Boro, Thayer & Vice -Mayor Breiner None Shippey & Mayor Mulryan The following item was removed from the Consent Calendar for discussion: 9. ADOPTION OF RESOLUTION WITH FINDINGS DENYING APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TENTATIVE MAP FOR 28 LOT SINGLE FAMILY RESIDENT SUBDIVISION, LOCH LOMOND #10; LOCH LOMOND HOMEOWNERS ASSN., APPELLANT, AP 186-031-02 & 06, 186-520-17 & 18 (pl) - File 5-1-297 x 10-2 Mel Croner of the Loch Lomond Homeowners' Association informed the Council that he has a couple of questions with regard to conditions of approval in the Resolution. He stated that with reference to (n) (14), and to (uu), and also (k) (9), he has questions and comments. He stated that at a previous meeting, the Council directed there would be a $1 million bond which has become a $500,000 bond for a self-insurance contribution. He stated his second question has to do with inspection services, as specified at (k) (9), having to do with a fulltime inspection service. He questioned what period the inspection service would cover. Would it be during the full time of the develop- ment, since this is not specified. He then noted that at the last meeting, Council - member Breiner had requested that there be consideration of the size in the construc- tion of homes to be built. He noted that the issue of the size has never been addressed in this document. Planning Director Pendoley responded to the question regarding inspections by stating that (k) (9) means what it says, that there shall be an inspector on site on a full- time basis from 8 A.M. to 5 P.M. throughout the period of time it takes to do the grading and construction of the public improvements. Vice -Mayor Breiner inquired if there would be a problem if the public improvements were damaged during the work on the lots, if there is not someone representing the City's interests. Public Works Director Bernardi responded that there will be a building inspector present during construction and any damage to curbs, gutters or the like will have to be repaired by the developers prior to the building finals. SRCC MINUTES (Regular) 9/4/90 Page 2 SRCC MINUTES Regular) 9/4/90 Page 3 Vice -Mayor Breiner then inquired about the $500,000, instead of $1 million bond, and Mr. Pendoley explained that the City is self-insured for $500,000, and his notes show that the developer would contribute to the City's self-insurance fund. Condition (uu) complies with that. Councilmember Boro verified that, by the applicant paying the $500,000, the difference between zero and $500,000 would be covered by the applicant and anything over that would be taken care of by the City's insurance. Mr. Pendoley agreed. The Council then discussed method of payment, and the fact that there is limited liability when the City accepts the drainage improvements, and that is when the first $200,000 payment will be made. Councilmember Thayer requested that the language in condition (pp) be made stronger, and Mr. Pendoley stated he will come up with stronger wording. Councilmember Boro stated that in relation to another hillside subdivision, there was an effort to place the homes at the front of the pads, in order to preserve trees, and stated that should be done in this subdivision, and noted that the City is going to great lengths in the design process to save trees. Mr. Pendoley responded that it is also done through the subdivision process by requiring a conservation easement outside of the building envelopes. He stated they could not tie this into this particular subdivision, but it can be done in design review. Vice -Mayor Breiner expressed her concern regarding the size of the houses, and that perhaps this should be recommended to the Design Review Board. She noted that the Hillside Standards Ordinance should be in place before the groundbreaking on this site. Mr. Pendoley responded that the requirement for design review on each home will be of great help in this regard. He noted that there are architectural standards being included in the study on hillside standards, and size will be one of the factors. Vice -Mayor Breiner urged that the necessity for the inspections is made very clear. This item was continued to the Council meeting of September 17, 1990, with direction to staff to make the necessary revisions as discussed. 16. PUBLIC HEARING - Z90-2 - PROPOSED ZONING CHANGE FROM: P -D -NG C-172 PLANNED DEVELOPMENT NORTHGATE ACTIVITY CENTER PLAN OVERLAY; TO: P -D- G(C-1�2 PLANNED DEVELOPMENT NORTHGATE ACTIVITY CENTER PLAN OVERLAY; 3833 REDWOOD HIGHAY/350 MERRYDALE RD. OP 179-041-27, 28; APPLICANT: MARIN VENTURES/SAVAGE, TAYLOR AND ASSOCIATES (P1) - File 10-3 Vice -Mayor Breiner opened the Public Hearing. Planning Director Pendoley briefed the project for the Council, stating that the subject property is located West of Highway 101, between the North end of Merrydale Road and Redwood Highway, and is improved with 6,000 square foot stucco buildings and a 53 -stall parking lot. He added that the site was initially occupied by the 3R private school, and most recently be Ntron Electronics. He added that one non- profit organization, Marin Ventures, and a for-profit organization, STA NorCal, are proposing to operate a day training and activity center serving adults with severe and profound disabilities. The services will be provided six hours a day, five days a week, all year around, and will include vocational training, occupational therapy, art therapy and community experiences. Mr. Pendoley concluded by stating that, consistent with Section 14.13.280 of the Zoning Ordinance, the Planning Commission found that the 53 on-site parking spaces provided for the proposal would accommodate the 40 employees and 5 vans, and granted an exception from the standard parking requirements. Councilmember Thayer inquired if these two organizations have an established track record elsewhere, and Mr. Pendoley responded that when a neighborhood meeting was held, a number of parents were present, and expressed their satisfaction with the conduct of the school. Also, a number of neighbors were present, who testified in their behalf. Councilmember Thayer inquired if the traffic generation had included allowance for the additional traffic caused by the future McDonald's Restaurant in the vicinity. Mr. Pendoley responded that there had been allowance for 172 trips, and this will generate only about 25. Laurie Radisch, President of Marin Ventures, stated that they presently have very limited facilities in Mill Valley, and would like to move as quickly as possible on the rezoning issue. There being no further public testimony, the public hearing was closed. SRCC MINUTES (Regular) 9/4/90 Page 3 SRCC MINUTES (Regular) 9/4/90 Page 4 Councilmember Boro inquired about the zoning change, and Mr. Pendoley explained that this is an Overlay District, and the zoning last approved for the site was very specific in its description of the use of the property by Ntron Company exclusively. Therefore, a new District had to be created to allow the school to operate. He noted that in the next couple of months the entire area will be rezoned and, meanwhile, this action will permit the project to go forward. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution certifying a Negative Declaration and approving the zone change for Z90-2, 3833 Redwood Highway. RESOLUTION NO. 82S - CERTIFYING A NEGATIVE DECLARATION AND APPROVING THE ZONE CHANGE FROM PD -NG (C-172) TO PD -NG (C-172) TO ACCOMMODATE A DEVELOPMENTALLY DISABLED LEARNING CENTER LOCATED AT 3833 REDWOOD HIGHWAY AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan The title of the Ordinance was read: "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 FROM PD-NG(C-172) (PLANNED DEVELOPMENT COMBINED WITH NORTHGATE OVERLAY) DISTRICT TO PD-NG(C-172) (PLANNED DEVELOPMENT COMBINED WITH NORTHGATE OVERLAY) DISTRICT (3833 REDWOOD HIGHWAY)" Councilmember Boro moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1594 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan 17. STATUS REPORT ON PEACOCK GAP PARK (PW) - File 4-1-431 x 9-3-66 Public Works Director Bernardi briefed the Council, stating that construction work on Peacock Gap Community Park has been completed and that it is a beautiful park, and has been entered into several competitions for awards. He noted that at the beginning of construction work, it was apparent that the funding for this project was very tight, with only a small amount remaining for contingencies. However, two large change orders had to be issued on unanticipated work items dealing with public safety. One was the installation of a 20 -foot -high golf course screen and fence between the golf course and park, to prevent golf balls from hitting people in the park. The second was the change of play area sand to a special type which does not compact, to prevent children from being hurt in the play area. Mr. Bernardi added that the cost of these two changes alone was over $26,000 and could not be accommodated within the contingency amount, thereby resulting in a cost overrun of approximately $15,000. Public Works Director Bernardi stated that the project work included an initial three-month maintenance period for the park and bathrooms, and that this expired on August 31, 1990. Due to the fact that the Parks Division is now three positions short in their maintenance crews and unable to extend their services to another park at this time, he is recommending extension of the Bauman Landscape, Inc., contract for an additional three months for $9,000. He stated this would include all the work items covered in their present maintenance contract, but excludes damage caused by vandalism and specialized work tasks. Public Works Director Bernardi noted that in three months, with the wintertime, the park maintenance will be considerably less, and at that time the long-range park maintenance can be discussed. Public Works Director Bernardi stated he is recommending adoption of a Resolution to authorize an expenditure of $15,000 from the Parks Fund Bedroom Tax Account, and extension of the maintenance contract with Bauman Landscape, Inc., for an additional three months, in the amount of $9,000, from the Parks Division Salary Account. SRCC MINUTES (Regular) 9/4/90 Page 4 SRCC MINUTE kRegular) 9/4/90 Page 5 Councilmember Boro stated that he does not understand why the golf course should not pick up the cost of the wall, and Mr. Bernardi explained that it is in exchange for the City occupying golf course land, that it was a trade-off. Vice -Mayor Breiner stated the maintenance cost seems high, and she stated that in the future such a contract should go out for bid. Mr. Bernardi agreed, but stated in this case there was not time. He promised to bring the matter back to the Council, if additional maintenance is needed. Councilmember Thayer questioned the expenditure of $3,000 per month, and Mr. Bernardi explained that it is no more than it would cost the City. Councilmember Boro inquired if the situation would be corrected when the three vacancies are filled, and Mr. Barnardi replied they will still be short, and noted the addition of Shoreline Park, the San Pedro School property, and others which tax the capacity of the personnel. Mary Carpou of Peacock Gap Homeowners inquired if the extension of the Bauman contract will have an effect on the dedication they are planning, and Mr. Bernardi stated that the City has taken over the park, so that is not a concern. Ms. Carpou then stated that the Peacock Gap Homeowners will bear the cost of the dedication. She then noted that the barbecue pits were eliminated because of fire danger, but people are bringing portable barbecues and dumping the coals in the sand. She stated that, knowing the prohibitive costs of building a good barbecue, it might be possible to erect a sign at the park entrance prohibiting barbecues. She said the residents would monitor it. Mr. Bernardi promised to look into it. Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 8236 - AUTHORIZING ADDITIONAL FUNDS FOR CONSTRUCTION OF PEACOCK GAP PARK AND FOR EXTENSION TO THE MAINTENANCE CONTRACT WITH BAUMAN LANDSCAPE, INC. AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan 18. COMMUNICATION FROM ADJACENT RESIDENTS RE ASHI'S BEAUTY SALON, OPERATING AT 60 ELENA CIRCLE, TERRA LINDA (P1) - File 100 x 10-2 Vice -Mayor Breiner stated that since receiving the complaint about operation of a beauty salon in a private home at 60 Elena Circle, the Council received a letter from Lydia Sharisi, stating that after Saturday, September 1, 1990, she will no longer be doing any business at 60 Elena Circle. Ms. Breiner inquired if that meant there is no need for any further action on this item. Planning Director Pendoley reported that his department has been dealing with this complaint for quite a few weeks, and the neighbors have been very patient as the staff tried to abate it. He stated that the City Ordinance does permit beauty shops as a home occupation; however, all of the operators or cosmetologists must be residents of the property. He stated that after conferring with Ms. Sharisi, she agreed she would no longer operate on the property, and that would leave one operator who is a resident and presumably would still be in business. He stated that staff will continue to monitor the operation to see whether it causes any problems now that it will be less intense. He added he would appreciate receiving complaints and observations from the neighborhood over the next few weeks, to see if the situation has improved. Councilmember Thayer stated she asked that this item be placed on the agenda because she would like the Council to consider revising the Zoning Ordinance, and feels that this is quite use -intensive for a residential area. She stated she does not feel this was the type of business which was contemplated when the Ordinance went into effect, and feels it related to small cottage industries or even professional such as accounting or attorneys who do not have a huge clientele. She stated she never envisioned the Ordinance as permitting a business such as a beauty parlor which results in intensive traffic. Councilmember Boro inquired how long has this use been allowed, and Mr. Pendoley responded it has been as long as the Ordinance covered home occupations. He stated the Ordinance gives quite a strong entitlement. He noted there are quite a few beauty shops in homes and they have not been a problem when they have only one operator. SRCC MINUTES (Regular) 9/4/90 Page 5 SRCC MINUTES (Regular) 9/4/90 Page 6 Councilmember Boro stated he would not want to penalize anyone who is not causing a problem in other neighborhoods. Linda Aldrich of 3 Ana Court, which is across the street from the beauty shop, stated she noted that barber shops are specifically prohibited. She stated perhaps consideration should be given as to whether businesses are part-time or full-time. She noted there are approximately 15 children in the neighborhood under the age of 7, and many play in Ana Court because it has been safe. She stated that one major concern is that men sit in the cars waiting for beauty shop clients and it makes the parents uneasy, not knowing who they are. Councilmember Boro inquired with reference to barber shops, and Mr. Pendoley replied they have a faster turnover of customers. Laurie Silverstein, 9 Ana Court, stated she would like the Ordinance to be specific about restricting the cottage industry use to one resident of the home. Mr. Pendoley stated that the new Ordinance will be very specific about that issue. Bob Owens of 44 Elena Circle stated that these problems could be taken care of at the start by more investigation when the person applies for a permit. Mr. Pendoley responded that the Ordinance requires a business license, and that in this case two licenses were applied for and it was reported that both applicants were residents. Linda Aldrich expressed thanks to Code Enforcement Officer Roy Butts for his efforts in their behalf. Mr. Bacci of 45 Elena Circle noted that home occupations should include a regulation regarding mechanical equipment which would change the fire rating. He also noted that in converting the garage for the business a City street tree was removed. Planning Director Pendoley stated he will look into that issue. Vice -Mayor Breiner stated that the Council is not saying that the operation has to stop, but if the neighbors still feel there are problems connected with it and people sitting in cars are making people nervous, as well as using the Court for a turnaround, it should be reported. Councilmember Boro noted that the City requires garages to be provided so there will be offstreet parking, and it does not make sense to allow the garage to be used for a business. Also, the City goes to considerable trouble to preserve the trees, and they should not be cut down after the houses are built. He stated that in the new Ordinance there should be a provision that garages should not be used for anything other than parking. Mr. Pendoley stated that the current Ordinance does allow that, and noted it will be proposed in the new Ordinance. Councilmember Thayer inquired as to when the Council will be receiving the revised Ordinance from staff, and Mr. Pendoley stated it will be in late December. ADD ITEMS: I. REQUEST FOR FORMATION OF SUBCOMMITTEE RE ST. VINCENT'S/SILVEIRA LAND USE - File 10- x 10-2 Councilmember Boro referred to the Committee called for in connection with the St. Vincent's/Silveira land use issue. He inquired what it would take to form a committee to start looking at which should be the first steps toward an analysis of the constraints on the land and environmental habitat. He noted that the owners should participate. Staff was requested to meet with St. Vincent's/Silveira owners/ representatives and report back to the Council on land use proposals. II. REPORT FROM CITY MANAGER RE PROPOSED COUNTY CHARGES TO CITY FOR: File - 9-10-2 x 9-3-30 x 4-13-6 a. Police Booking Fees b. Collection of Property Taxes City Manager Nicolai reported that the city managers throughout the County have met with Tom Campanella regarding the County balancing its budget through the cities by taking money from the cities for taxes and by pushing fees. She stated they are trying to sort it out and get it resolved, and will be taking a report SRCC MINUTES (Regular) 9/4/90 Page 6 SRCC MINUTES (Regular) 9/4/90 Page 7 to the Board of Supervisors on September 18th, asking them to endorse certain concepts. She noted that some fees are not effective until January 1, 1991, but are retroactive to July 1, 1990. She noted they will be meeting again next week, trying to come to some sense of an agreement. She stated the County is "caught in the middle", with the losses in revenue. Councilmember Boro inquired what gave the County the lead in the booking charges and why are they not less. Ms. Nicolai explained that the State budget gave them the authorization for the charges, with the wording "you shall". Ms. Nicolai promised to keep the Council informed of developments. There being no further business, the meeting adjourned at 9:15 P.M. JEANN NIS LEONCINI,'CiClerk APPROVED THIS DAY OF , 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/4/90 Page 7