HomeMy WebLinkAboutCC Minutes 1986-01-20SRCC MINUTES (Regular) 1/20/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, January 20, 1986
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 86-3(a) - (#2). No. 86-(b) - (#2).
No action taken.
In the Council Chambers of the City of San Rafael, Monday, Janaury 20, 1986
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councimember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini, City
Clerk; Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following consent calendar items:
Item
2. Approval of Minutes of Special
Meeting of January 3, 1986,
Regular Meeting of January 6,
1986 and Special Meeting
(Closed Session) of January 13,
1986 (CC)
Recommended Action
Approved as submitted.
3. Report on Bid Opening and Award RESOLUTION NO. 7274 - AUTHORIZING
of Bid - 1500 GPM Fire Truck (FD) - THE PURCHASE OF A FIRE ENGINE
File 4-2-204.A x 9-3-31 UTILIZING EQUIPMENT REPLACEMENT
FUNDS (Award of bid to Seagrave
Fire Apparatus, Inc.,
Low Bidder, for $135,695).
4. Resolution Approving Amendment to
Agreement of Marin Street Light
Acquisition Joint Powers
Authority (PW) - File 4-4-6 x 11-4
5. Resolution of Denial Without
Prejudice of Retail Sales at
30 Castro Avenue (Pl) -
File 10-5
6. Resolution Authorizing Police
to Review and Set Rotation
Tow Service Fees Based on Annual
Review of Fees Allowed by Local
California Highway Patrol and
Other Law Enforcement Jurisdic-
tions (PD) - File 9-10-2 x 9-3-30
RESOLUTION NO. 7275 - AUTHORIZING
THE SIGNING OF AN AMENDED JOINT
EXERCISE OF POWERS AGREEMENT
CREATING MARIN STREET LIGHT
ACQUISITION JOINT POWERS AUTHORITY.
(Adding to Paragraph 1, Section 4.)
RESOLUTION NO. 7276 - DENYING
WITHOUT PREJUDICE AN APPEAL OF THE
PLANNING COMMISSION'S DENIAL OF A
USE PERMIT FOR RETAIL SALES AT
30 CASTRO AVENUE
RESOLUTION NO. 7277 - AUTHORIZING
THE CHIEF OF POLICE TO SET ROTATION
TOWING SERVICE FEES PURSUANT TO
RESOLUTION NO. 6083
SRCC MINUTES (Regular) 1/20/86 Page 1
SRCC MINUTES (Regularl 1/20/86 Page 2
7. Claim for Damages - Approved Insurance Consulting
Associates, Inc. recommendation for
a. Suzanne Riess (PW) - denial of claim.
File 3-1-1046
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Russom (from Minutes of Special Meeting of
January 3, 1986, due to absence from
meeting).
B. PUBLIC HEARING - INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
PROHIBITING ANY USE THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL
PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858 (Pl) - File 10-6 x 115
Mayor Mulryan declared the public hearing opened and informed those
present that the hearing was to discuss the Interim Urgency Ordinance
prohibiting any use in conflict with a contemplated General Plan
Amendment, and would require a four-fifths vote. If passed, the
Ordinance would be valid for 45 days, and could be subject to two
extensions for a maximum that would last 22 months and 15 days which is
in addition to the 45 days.
Mayor Mulryan also stated that if the Ordinance was passed tonight as
submitted or modified as a result of the discussion held this evening,
that, if new information comes in later, Council is not precluded from
amending the Ordinance. Planning Director Moore was then called upon to
present the staff report.
Ms. Moore stated that on January 6, 1986, Council imposed an immediate
pause in the approval of development projects in San Rafael and directed
staff to prepare an Interim Urgency Ordinance for consideration.at a
public hearing tonight. The Ordinance generally prohibits any uses that
may be in conflict with contemplated amendments to the San Rafael
General Plan expecting to result from the ongoing revision of the
General Plan. The Ordinance includes findings, that current and
immediate threats exist to the public health, safety and welfare, unless
building and development within the City are temporarily restricted
during the necessary studies and ongoing revision of the San Rafael
General Plan. The Ordinance allows no applications for subdivisions,
annexations, prezonings or rezonings, land use permits, building
permits, or environmental documents to be accepted, processed, approved
or granted except for projects which have already secured building
permits, and a few other exemptions. The Ordinance would not allow new
applications for land use or development projects to be accepted unless
they fit an exempt category specified in the Ordinance.
Ms. Moore stated that she would be relying on a committee consisting of
the City Manager, City Attorney, and one or two members of the City
Council when interpreting the Ordinance. Any decision of the Planning
Director could then be appealed to the Planning Commission, and, as is
consistent with existing Municipal Code provisions, Planning Commission
determinations may be appealed to the City Council.
Planning Director Moore then responded to 44 letters received from
people concerned that their projects would be affected by the
Interim Urgency Ordinance, as well as four additional letters requesting
exemptions, that were submitted at the meeting; One from Marin Financial
Corporation re property located at 1200 Lincoln Avenue; One from William
T. Bullard, Jr., Attorney, representing Spinnaker Point Phase V project;
One from Mark B. Scott re Crest Marin Condominium Conversion
Application; and an additional letter from Forrest R. Morphew,
representing The Oil Warehouse Company concerning the Building
Moratorium.
Mayor Mulryan called upon the people who wanted to address the proposed
Ordinance.
SRCC MINUTES (Regular) 1/20/86 Page 2
SRCC MINUTES (Regular) 1/20/86 Page 3
Albert Bianchi, Attorney, representing the Civic Center North project,
stated that the contention of the Civic Center project would be to serve
the public welfare, and that the City and County have recognized a need
for a hotel and convention center in order to support the Marin Civic
Center.
Mr. Peter Goodman, re 36 Woodland Avenue project, needed clarification
regarding his project being affected by the Ordinance. Ms. Moore
responded that, if Mr. Goodman could demonstrate that there would be
no increase in P.M. peak trips, his project could be exempted.
Mr. Jack Farrar, representing Dexter Toyoto, stated that his client
presently has a small building at the Dexter Toyoto complex and has an
application on file and asked that the complex be exempt because it
would not create a traffic increase.
Mayor Mulryan suggested that Mr. Farrar write a letter to the Planning
Department on this matter with a request for an opinion; Planning
Director Moore informed Council that staff was familiar with the Dexter
Toyota application, and stated that this project probably can
demonstrate that an increase in trips would not happen.
Mr. John Belz, Architect, urged Council to approve the 34 unit Laurel
Glen Condominium project.
George Silvestri, Jr., Attorney, representing Ross General Hospital and
the Marin Sports and Medical Fitness Center, voiced concern about both
projects and asked that they be exempt because these projects are health
related facilities.
Concerning the lap pool in the Marin Sports and Medical Fitness Center
project, Mayor Mulryan noted that all Mr. Silvestri had to demonstrate
was that there would not be an increase during peak hour traffic. In
reference to the hospital, Mayor Mulryan indicated that Mr. Silvestri
would have to come before the committee for review of the EIR process.
Mr. Silvestri stated that it would be appropriate and in the interest of
the community if an exemption would be identified. He was concerned
that there are exemptions that might involve matters that are more
trivial or controversial than the hospital. He .stated that
staff time has already been paid for and that $46,000 has been tendered
to the City; also that the building permit would be administered through
the State, and if the concern is because of the potential risk of
challenge, they would take that risk.
Mr. David Sargent, representing Civic Center Plaza development, stated
that he hand delivered a letter outlining an appeal for an exemption to
the Planning Department, and that he did not see it listed as one of the
44 letters mentioned earlier.
Ms. Moore stated that she had not seen the letter, but would check to
see if it had been received and it would then be reviewed and a response
would be made.
Rick Norman, Attorney representing Mr. Fred Grange brought up two
points; 1) Wanted to know the status re interpretations where permits
were existing but about to expire and, that a timely extension
application had been made but not acted upon, having to do with the
Heliport Project. 2) Asked for an interpretation of Division 3, Item
(0) of the word "transient", if a travel center fit under that category,
and would the Heliport in effect be a transient center.
Ms. Moore responded to Mr. Norman's questions. 1) Time extension -
There would not be expirations for anything that expired during the time
the Ordinance was in effect or for any project that had a timely
application extension, such as the project described by Mr. Norman. 2)
The travel center - Staff does not interpret Mr. Grange's travel center
as being a "transient" project exempt under the provisions of the
Ordinance. Regarding the limited use of the Heliport, Ms. Moore stated
that she would need to review the file.
Mr. Nils Rosenquest, Vice President of Jan Ekels Company, Inc. with
a small project at 27 Valencia, stated that his project has no effect on
the General Plan and Ms. Moore interejected that his project is exempt.
SRCC MINUTES (Regular) 1/20/86 Page 3
SRCC MINUTES (Regular) 1/20/86 Page 4
Jay Paxton, Attorney, referred to Divison 4 of the Ordinance, first
page, last sentence on the bottom, stating he understood that the
sentence indicated that, where a project is exempt, an application for
that project would be accepted during the pendency of the moratorium.
Mr. Paxton continued to state that if this was correct, the last
sentence of Division 4 appearing on page 6 should include a similar
wording that an application would be accepted in the event that a
project was exempt under the provision of the Ordinance. Ms. Moore
stated that this was the intent of the Ordinance and would be specified.
Mr. John Wallace, Carpenter's Union Local 35 Business Representative,
indicated that the Ordinance would have a devastating effect to the
carpentry workers in monetary losses.
Michael Broughton of San Rafael was concerned that the Ordinance would
affect his application for an extension on his project. Ms. Moore
replied that she was not familiar with his application but would discuss
it with Mr. Broughton after the meeting.
Matthew C. Guthrie, Architect representing Grand Landing Design Review,
requested having Sub -section 8 expanded to include an exemption for
commercial condominium maps.
Mr. Matt Borsick with San Marin Lumber asked if there would be a
possibility of exemptions to the Ordinance being increased or have other
cases heard at the end of the 45 day pause.
Mayor Mulryan replied that throughout this period there will be an
oportunity where reasons for change may be brought to the Committee's
attention.
City Attorney Ragghianti interjected stating that Council may amend,
modify, or delete provisions of this Ordinance upon the affirmative vote
of four Councilmembers with the finding that any such modification shall
serve to implement the goals, policies and purposes of this Ordinance.
Mr. Richard Foster re 1476 Lincoln Avenue Tanner -Foster apartment
project, urged Council to adopt Division 3(v) as part of the Ordinance.
Mr. Harry Winters, President of the West End Neighborhood Association
urged having the General Plan discussed with the various neighborhoods
for broad input.
Ms. Moore stated that there would be a series of community workshops on
issues and goal -setting early in the process; interim hearings before
the Planning Commission and City Council on various sections of the
General Plan prior to a final round of public hearings for the
Commission and Council on a draft document. Also, a random survey
will be conducted of residences and businesses in San Rafael.
Mr. Richard Gosse, President of the San Rafael Citizens for Better
Government, urged Council to adopt his proposed Ordinance for a two year
moratorium instead.
Mr. Paul Cohen, President of Carpenter's Local 35 in San Rafael, stated
that he recognized the need for the updated plan for San Rafael but
given the discussions on the moratoriums in all of Marin County, they
expect to have an increase of members working in San Francisco which
would be putting a possible 2000 additional vehicles on Highway 101
during peak commute hours.
Mr. Gregory Call, General Contractor, was concerned that the Ordinance
would affect home improvements. Ms. Moore stated that home improvements
can be done, with the exception that dwelling units cannot be added.
Mr. Dick Blood-Bornholdt, Consultant to the County of Marin, indicated
that there is a significant need for affordable housing in San Rafael
and other cities and urged that consideration be given to these
projects.
Mark B. Scott, Attorney, representing Crest Marin Condominium
Conversion, spoke on affordable housing and asked for an exemption or
provision for condominimum conversion applications.
SRCC MINUTES (Regular) 1/20/86 Page 4
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Richard Tarrant, Attorney, representing Spinnaker on the Bay wanted the
record to reflect that his client objected to the adoption of the
Ordinance especially if adopted without exemption for their project.
Mr. Ken Sites, businessman in San Rafael was uncertain as to what the
Ordinance covered.
Mayor Mulryan then explained the purpose of the Ordinance.
Ms. Nancy Mosk, member of the Board of Directors for Canal Community
Alliance, urged that consideration be given to exempting affordable
dwelling units and spoke on neighborhood serving commercial development
aimed at resident consumers, and also asked if levee repair and flood
control projects were included in the exemptions. Mayor Mulryan
indicated that levee repair and flood control are included in the
exemption under "0".
Ms. Bonnie Marks, President of Canal Community Alliance commented that
the inadequacies of the General Plan cannot continue to exist, and urged
Council to have revisions of the East San Rafael Neighborhood Plan done
concurrently with revisions of the General Plan.
Ms. Moore stated that the East San Rafael Neighborhood Plan would be
proceeding parallel to the General Plan update, and that the draft for
the East San Rafael Neighborhood Plan would be available for continued
workshops in advance.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Russom moved and Councilmember Nave seconded, that the
following amendments be incorporated within the Ordinance: Division 3(v)
- Permits needed to construct rental residential units on an in -fill
site so long as no rezoning is needed and complete applications were
filed prior to January 7, 1986; Division 3(w) - Permits that authorize
minor changes to already approved or otherwise exempt projects;
Division 3(x) - Permits associated with development consistent with a
specific Memorandum of Understanding between the City and another public
agency, which memorandum was executed prior to January 7, 1986.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Frugoli seconded, to
incorporate into Division 4, page 6, 9th line - "Except for projects
exempted under DIVISION 3," Also, add as part of Division 7 - "Council
may amend, modify, or delete provisions of this Ordinance upon the
affirmative vote of four Councilmembers with the finding that any such
modification shall serve to implement the goals, policies and purposes
of this Ordinance."
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner pointed out having a correction made on Page 5,
(1), 7th line, (h) should be (g), as noted by Attorney Albert Bianchi.
RESOLUTION NO. 7278 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN
RAFAEL PROHIBITING ANY USE THAT MAY BE IN CONFLICT
WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND
ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 1/20/86 Page 5
SRCC MINUTES (Regular) 1/20/86 Page 6
The title of the Ordinance was read:
"AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL PROHIBITING ANY
USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT
AND ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858"
Councilmember Russom moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it by
title only and adopt Charter Ordinance No. 1524 (Interim Urgency
Ordinance) by the following vote, to wit: (4/5ths vote required).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - MASTER COMMUNITY ANTENNA TELEVISION (CATV) FRANCHISE
AGREEMENT AND ENABLING ORDINANCE (CM) - File 9-7-4
Mayor Mulryan declared the public hearing opened.
Administrative Assistant Harry stated that the Master Cable Televi'sion
Agreement and Resolution was a culmination of four years of negotiations
with the MCC/MCCATV Sub -committee of which Councilmember Breiner is the
Chair, the City/Town County Negotiation Committee as well as Viacom
Cablevision.
Mr. Harry brought attention to changes on the Master Franchise
Agreement, page 7, Section 10. 3rd line after word "channel" add, "free
of charge,"; 5th line same page, after word "designate" add, "provide
free of charge and maintain".
Mayor Mulryan called upon anyone having objections to the proposed
agreement.
Ms. Cassandra Cosby, Chairperson on the Board of Directors for Marin
Community Video, had concerns about inclusions to the agreement that
were not made through the County. Ms. Cosby requested that the
following points be considered when the Oversight Committee is
established. "To establish reasonable guidelines and rules for the use
of the community programming channel including determining a set of
priorities to insure that Marin County residents, public organizations
and education and governmental institutions have access to the
facilities and the channel during prime hours. Providing and operating
a second access channel. Providing regular training. Determining the
acceptable level of state of the art equipment necessary and the
availability of technological advance as appropriate to public access
and insuring continuing availability of the equipment for access
programming".
Ms. Sally Allemang, Community Producer at Channel 31, stated that she
would like to have free access to the editing facilities and technical
equipment as they had before and also that their programs be shown on
prime time.
Councilmember Breiner indicated that many of the concerns mentioned by
the people from Channel 31 were being taken care of and that the
Oversight Committee would be paying attention to their concerns.
Ms. Valerie Castellana of Viacom gave an overview on community access
provisions that will be expanded in Marin County. Ms. Castellana
indicated that there is a lot of fear that the community will not have
access privileges but that she was disputing this, and that they have
worked long and hard with the community on the original agreement.
Mr. Bill Mallouk, Community Producer for Channel 31, spoke on the needs
of doing a community production and editing facilities and character
generator, and wanted assurance that Channel 31 would have access to use
these facilities.
Ms. Castellana responded that it is without question, that these
facilities would be available to Channel 31.
SRCC MINUTES (Regular) 1/20/86 Page 6
SRCC MINUTES (Regular) 1/20/86 Page 7
Ms. Barbara Balitz, Acting Director of Channel 31, commented that the
Minutes of the meeting of the County Board of Supervisors, stated that
the Supervisors moved to approve the amendment made by Marin Community
Video including the motions regarding the priorities instructions of the
Oversight Committee as outlined by Channel 31.
Administrative Assistant Harry stated he would check with the County
concerning this.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Breiner informed Council that the County of Marin approved
and adopted the agreement on January 14, 1986 and thus far, the cities
of Fairfax, Larkspur, Ross, San Anselmo and Tiburon have had their first
reading of the Ordinance and should approve it on second reading and
final adoption. Also, minor modifications will come back to everyone
concerned for review.
Councilmember Frugoli inquired of Ms. Castellana when the effective date
would be for the rate of $12.50 to take place, and Ms. Castellana
replied that it would be March 1, 1986, assuming the additional channels
have been provided. When asked how long the $12.50 rate would be in
effect, Ms. Castellana replied that the rates have been deregulated.
Mr. Harry interjected that as of December 29, 1986, through the Federal
Communication Policy Act, Viacom has the authority to increase the rates
without any regulation (by a maximum of 5 percent annually).
RESOLUTION NO. 7279 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH TELE-VUE SYSTEMS, INC. (Viacom Cablevision)
(Marin Master Agreement/Community Antenna
Television Agreement) (subject to the approval by
the Cities, Towns and County of Marin)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING ALL PROVISIONS OF THE
SAN RAFAEL MUNICIPAL CODE INCONSISTENT WITH THE PROVISIONS OF AN
EXISTING COMMUNITY ANTENNA TELEVISION AGREEMENT"
Councilmember Breiner moved and Councilmember Frugoli seconded, to
dispense with the reading of the Ordinance in its entirety and refer
to it by title only and pass Charter Ordinance No. 1525 to print, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. PUBLIC HEARING - P85-15; DEVELOPMENT AGREEMENT FOR SHORELINE INDUSTRIAL
PARK; 1615 FRANCISCO BOULEVARD; CAL-PDX, INC., OWNER; MARTIN
BRAMANTE/LEE JORDAN, REPS.; AP 9-320-02 THRU 13; 15 THRU 26; AND 32 THRU
39 (Pl) - File 6-38 x 10-6
Mayor Mulryan declared the public hearing opened and stated that the
Public Hearing would be continued to March 17, 1986, as requested by the
Owner, Cal -Pox, Inc.
11. PUBLIC HEARING - SR85-7; APPEAL OF PLANNING COMMISSION'S CONDITIONAL
APPROVAL FOR MARIN SQUARE SHOPPING CENTER SIGN PROGRAM REVISIONS: 25
BELLAM BOULEVARD; BLUMENFELD ENTERPRISES, OWNER; JOSEPH BEHM, JR., REP.;
DR. DINU GRAY, APPELLANT; AP 18-051-20 (Pl) - FILE 10-11
Mayor Mulryan declared the public hearing opened and stated that the
Public Hearing would be continued to February 3, 1986, as requested by
the Planning Department.
SRCC MINUTES (Regular) 1/20/86 Page 7
SRCC MINUTES (Regular) 1/20/86 Page 8
12. ADOPTION OF 1986/87 to 1991/92 5 -YEAR STATE TRANSPORTATION IMPROVEMENT
PROGRAM (STIP) LIST (PW) - FILE 171 x 9-3-40
Public Works Director Bernardi stated that the 1986/87 funding is very
bleak for any 101 projects. The Hollings -Gramm-Rudman Amendment could
reduce the money available even further, but there has been no change in
the Marin County Urban System Committee's position because they support
mainline projects to the exclusion of the I-580 Interchange. On the
Proposed Projects list of 19 items, the I-580/Bellam Boulevard and
I-580/Irene Street projects are listed as numbers 10 and 11.
Councilmember Frugoli inquired if priority was considered if a match was
made from local jurisdications, and Mr. Bernardi stated it is but it
would need to be on the Approved Project list before it is considered to
be of a priority nature.
RESOLUTION NO. 7280 - RESOLUTION OF SAN RAFAEL APPROVING THE 1986/87 TO
1991/92 MAJOR PROJECTS IN MARIN COUNTY AS
RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM
COMMITTEE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: none
13. REPORT ON INCLUSION OF MANDATORY ARBITRATION CLAUSE IN APPLICATIONS FOR
USE OF CITY FACILITIES AND WHEN PARTICIPATING IN CITY PROGRAMS (CA) -
File 9-6-1
Councilmember Breiner requested that City .Attorney Ragghianti have some
guidelines established re parents signing a waiver absolving the City of
responsiblity relating to the City's risk management.
Mr. Ragghianti replied that his staff would be addressing this matter.
Councilmember Russom inquired if a waiver or release is required from
parents in the Childcare area, and Recreation Director McNamee replied
that a review has recently been done on waiver forms resulting in some
being rewritten. In the Childcare program, parents sign waivers and
provide staff with an extensive medical background, and that the waiver
does absolve the City from any responsibility.
Councilmember Breiner asked if there would be an advantage if parents
are required to show proof that they have medical coverage, and Mr.
Ragghianti replied that his staff would look into this matter also.
Ms. McNamee stated that staff is in the process of investigating a
special liability policy for Childcare only, and any professional
associations that may have a policy nation-wide. Also, that accident
insurance is available for people enrolling a child in the Childcare
program, and that probably by next summer this will be required with an
increase in cost of approximately $3 or $5 for accident coverage.
There being no further business, meeting was adjourned.
A
.
JE M. LEONCINI\ City C erk
APPROVED ON THIS DAY OF 1986
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 1/20/86 Page 8