HomeMy WebLinkAboutCC Minutes 1986-02-03SRCC MINUTES (Regular) 2/3/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, February 3, 1986
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 86-4(a) - #4; No. 86-4(b) - #2.
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, February 3, 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, Councilmember
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:
T+ om
2. Approval of Minutes of Regular
Meeting of January 20, 1986 (CC)
3. Report on Bid Opening/Award of
Contract - China Camp State Park
Water Facilities (Peacock Gap
Improvement District) (PW) -
File 6-37
6. General Plan Revision Work Program
and Project Coordinator Contract
(P1) - File 4-3-150 x 115
8. Resolution Endorsing the Fair
Responsibility Act of 1986 (CM) -
File 9-1 x 9-6-1
10. Memorandum of Understanding (MOU)
with MAPE Child Care Unit (CM) -
File 7-8-4
11. Claim for Damages -
Jeanne L. and William Clarke (PW) -
File 3-1-1045
Recommended Action
Approved as submitted.
RESOLUTION NO. 7281 - RESOLUTION
OF AWARD OF CONTRACT FOR NORTH
SAN PEDRO ROAD (CHINA CAMP STATE
PARK) WATER FACILITIES, AND BACK
RANCH VALLEY WATER LINE (to Foy
Kelley Grading & Backhoe, in
amount of $103,565.15, low bidder)
RESOLUTION NO. 7282 - RESOLUTION
AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH JEFFERY C. BAIRD
OF JEFFERY BAIRD AND ASSOCIATES
FOR PROFESSIONAL PLANNING SERVICES
AS THE PROJECT MANAGER FOR THE SAN
RAFAEL GENERAL PLAN REVISION
RESOLUTION NO. 7283 - RESOLUTION
ENDORSING THE "FAIR RESPONSIBILITY
ACT OF 1986"
RESOLUTION NO. 7284 - RESOLUTION
PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR CHILD-
CARE PROGRAM PERSONNEL (Effective
1/1/86 thru 12/31/87)
Approved Insurance Consulting
Associates, Inc. recommendation
for denial of claim.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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4. RENEWAL OF CONTRACT WITH DATACOM CORPORATION FOR COLLECTION OF UNPAID
OUT OF STATE PARKING CITATIONS (Fin) - File 4-3-98
Councilmember Russom inquired of Finance Director Coleman about the
amount collected through Datacom, and Mr. Coleman replied that for the
collection of 10 to 12 parking tickets per month, the City is netting
$75 to $80 per month.
RESOLUTION NO. 7285 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT
LEASE OR AGREEMENT WITH DATACOM SYSTEMS, INC., (to
collect out -of -State Parking Citations) (2/4/86
thru 2/3/89)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. BLAYNEY-DYETT EAST SAN RAFAEL NEIGHBORHOOD PLAN CONTRACT (P1) -
File 4-3-120
Mayor Mulryan was concerned about refusal of the Canal Community
Alliance (CCA) to pay the additional $10,000 to Blayney-Dyett on work
done on the East San Rafael Neighborhood Plan.
Planning Director Moore stated that at a meeting with the CCA, there was
some dispute over the extra services amount but she did not expect a
total refusal of payment.
Mr. Steven Kline, Secretary of CCA, informed the Council that the San
Francisco Foundation has been kept informed of the contract
disagreements between the planning staff and the CCA, and has asked for
an accounting of the contract in order to pay the remaining amount. Mr.
Kline continued to state that the Board is not refusing to pay, but
is asking that they be provided with an adequate accounting beforehand.
Mayor Mulryan assured Mr. Kline that a full accounting of the contract
would be given to them.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
authorize payment to Blayney-Dyett.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Staff to continue to attempt to obtain reimbursement from CCA.
7. ADOPTION OF RESOLUTION FOR FUNDING OF PHASE II OF CAREER CRIMINAL
APPREHENSION PROGRAM (PD) - File 9-3-30
Councilmember Frugoli inquired if there was any duplication of work with
the County on the C -CAP program, and Lt. Krolack replied that this was
not a duplication.
RESOLUTION NO. 7286 - RESOLUTION AUTHORIZING SUBMISSION OF A GRANT
APPLICATION FOR CAREER CRIMINAL APPREHENSION
PROGRAM (C -CAP) (PHASE II)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. STATUS REPORT ON HOV PROJECT - File 11-16
Public Works Director Bernardi stated that in addition to the staff
report, he also wanted to update the Council with information he had
gotten within the week from the County of Marin and the Caltrans' staff.
Mr. Bernardi stated that one of the later phases on the HOV project is
landscaping, amounting to $500,000. Caltrans and County staff have
recently put together a project development team for the Southbound HOV
Lane from Highway 37 to Miller Creek Road at a landscaping cost of
$450,000. Mr. Bernardi continued to state that the Northbound HOV Lanes
from Miller Creek Road to Highway 37 would directly benefit San Rafael
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in terms of traffic congestion on the freeway and local streets, and
that if the landscaping is removed from both projects and the funds
added to the proposed Southbound HOV project, the City would be able to
get the Northbound HOV project built for about one quarter of the cost
as opposed to $4.5 million if done separately. If combined with the
Southbound HOV project it would cost about $1 million. The only
drawback is, that it would remove the landscaping from a project that
City staff feels is necessary to mitigate some of the effects of the
soundwall.
Staff informed Council to be aware that Caltrans would need to fund
the landscaping in critical areas from the original environmental
documentation for the San Rafael HOV project. The District Director has
discretionary funds for landscaping to be used, and they have agreed to
do this.
Council accepted the staff report without motion, and approved staff's
recommendation to request Caltrans to amend the HOV project to delay
landscaping in favor of adding the Northbound lane, from Miller Creek
Road to Highway 37, to the project which would be scheduled for 1988;
however, staff was directed to inform Caltrans to upgrade all
landscaping in the area.
12. 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 (P1) - File 10-11 x 125
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that in November 1985, the Planning
Commission unanimously conditionally approved an amended sign program
for the Marin Square Shopping Center.
Dr. Dinu Gray, Appellant and tenant on the second floor requested a
window sign but did not have this request included in the sign program.
The shopping center is comprised of two retail buildings and two office
buildings, and the sign program for the shopping center reflects the
distinctions made in the San Rafael Sign Ordinance between retail and
office signage. Planning Commission contends that approval for second
floor signage would be precedent setting and the Ordinance, while not
putting a limitation on.shopping center sign programs, has no provision
for signage on second floors for second floor users.
Councilmember Frugoli inquired of Ms. Moore if the Marin Savings
Building sign on the second story was considered, and Ms. Moore replied
that because it is half a flight down and half a flight up, the sign is
the equivalent to that of a ground floor signage.
Dr. Dinu Gray, Appellant, stated that his practice serves the community
six days per week providing emergency care on a 24-hour basis, and that
a good deal of his practice is based on people walking by and in from
retail areas. He stated that he would like to have a sign with his name
and business name in letters at a maximum of 8 inches high so any
individual can readily identify where his office is located, and
indicated that before he signed the lease for his space in the shopping
center, he inquired of the Planning staff if there were any signage
problem for that building and was told that there were none.
Because the requested sign would be placed on the inward side of the
shopping center, Councilmember Frugoli indicated he did not feel this
would be a violation of the City's Sign Ordinance.
There being no further comment, Mayor Mulryan closed the public hearing.
Councilmember Russom moved and Councilmember Nave seconded, to deny the
appeal and uphold the Planning Commission's decision.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
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13. PUBLIC HEARING - ED82-46(b); APPEAL OF PLANNING COMMISSION'S DENIAL OF
AMENDMENT TO DESIGN REVIEW PERMIT FOR ROOF MATERIAL COLOR ALTERNATIVE AT
THE MARIN EXECUTIVE CENTER OFFICE BUILDING; 4000 CIVIC CENTER DR.;
EQUITEC/TIBURON, OWNER; WAYNE BIRD AND RUSSELL McDONALD, EQUITEC
FINANCIAL GROUP, REPS., AND APPELLANT; AP 180-121-38 (P1) - File 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Moore recapped the history of the roof material,
stating that in March 1983, the Planning Commission conditionally
approved the design review permit for construction of the 130,000 sq.
ft. office building, and at that time the Applicants proposed the use of
a solid copper roof material of which a sample was submitted and
approved.
In August 1984, a building permit was issued based upon construction
drawings approved earlier that year. Attached were conditions of
approval for the zoning approval, use permit and the environmental
design review which had the condition specifying the materials as
presented.
While waiting for the roof material to change and weather naturally, it
was discovered that a different material had been installed without
permission or knowledge of the City. It has copper suspended within it
but was not the originally approved material. Concern was expressed
over the glare and shininess of the material and, although it was
marketed and advertised to behave in weather like solid copper, it had
not done that.
The Design Review Board met with the developer in May 1985, and
essentially in going along with the representations of the manufacturer
of the material, indicated that they should allow the roof to weather
several months, and at that time see if the glare would be reduced.
In June 1985, the Planning Commission directed staff to not issue
occupancy permits until the weathering treatment was approved and
applied to the building.
In July 1985, the City Council was provided with a status report and Ms.
Moore was authorized to work with the Applicant to find a remedy to the
glare problem. At that time, three alternatives were evaluated by the
Applicant. Two were proposals using different techniques to etch the
existing metal surface. These were rejected based on some of the samples
viewed and the lack of knowledge of how the material would behave. The
alternative endorsed had to do with exploring ways to paint the surface
so the glare could be reduced and eliminated. The substitution of non -
copper for copper was not an issue with staff nor was the color a
primary concern to staff and the Design Review Board. Their concern was
an aesthetic one whereby the glare would be eliminated and the building
would look better than it did when originally constructed. It was
indicated that this alternative would be subject to approval of the
Design Review Board and the Planning Commission and on the basis of the
posting of a $75,000 performance bond which was consistent with the
estimates for the cost to paint the building.
In September 1985, staff, members of the Planning Commission and Design
Review Board met at the building to view test panels of paint and
chemical wash alternatives, and the concensus was that the panels be
painted with a flat non-metallic paint. Equitec was directed by Planning
staff to handle that as an amendment to the original environmental
design review permit subject to review by the Design Review Board and
action by the Planning Commission. As a result of a long turn around
time with Equitec not getting the application done until September,
Equitec was notified that staff would not authorize any further
occupancies of the building until the matter was taken care of.
In October 1985, Equitec submitted an environmental design amendment
application which detailed the process for painting the metal panels,
and proposed a color. The Design Review Board concluded that the non-
metallic finish was appropriate to reduce the glare considerably, and
approved a medium to dark brown color which was reviewed by the Planning
Commission on November 12, 1985. The Commission recommended the matter
be continued so staff could consult with the City Attorney to see if
there was a mechanism to be used to guarantee the City the right to
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insure that such a painted surface was properly maintained and that
Equitec or any successors could be required to provide financial
guarantees if they were not diligent in maintainance of the roof.
The roof paneling is the major design of the building and the most
visible. When it was reported back to the Planning Commission that
there was not an easy way to handle this matter in absence of financial
guarantees and confidence that the painting surface would weather well
and be maintained easily, the Planning Commission, on a 5-1 vote, denied
the design review amendment.
Staff and the Planning Commission are not certain that going back to the
originally approved copper material or a painting alternative would
result in a better situation than exists now. Rationale is, that with
the difference in the roof pitch and the weathering of copper and
certain unevenness in the natural weathering of copper, staff is not
completely sure that the City would be happy with the end result of
solid copper. For this reason, staff, rather than recommending upholding
the Planning Commission's decision, recommends that there be a "let's
wait and see" on how the existing panels weather. Ms. Moore indicated
the critical time for judging would be in late summer when the sun
projects the most glare off the roof.
The Council was concerned that nothing has been done to correct the
situation in nearly a year; also, the fact that Equitec has agreed to
guarantee $300,000 rather than the full amount of $500,000 to replace
the roof.
Mr. Marsden S. Cason, Chief Executive Office of Equitec Financial Group,
Inc., stated that a change was made on the specifications and prints
from a copper siding to a copper clad siding with the rationale that it
would wear better, have a uniform color and would oxydize similar to
copper. If this change did not work, it would be remedied. Mr. Cason
stated that they agreed to put up a letter of credit for $300,000 and
to come up with detailed language which could be worked out within a 30 -
day period with the City.
Mayor Mulryan asked Mr. Cason if his firm would be willing to put up the
difference between $300,000 and $500,000, and Mr. Cason answered that he
would have an objection, and continued to state that all along they had
not done anything wrong. They feel there now is solid evidence that the
roof is starting to oxydize, and that Equitec has tried to alleviate the
problem and was not trying to delay the situation.
Mr. William Bielser of 55 Bellvue, San Rafael, representing the Villa
Marin Homeowners' Association, stated the view of the association is
that the Council should uphold the original condition of approval made
by the Planning Commission, because the substitution is unacceptable and
the copper roof is a much-needed feature for the building.
Mr. Mitchell Boyd, a resident of Villa Marin and a member of their Board
of Directors, asked that the Council uphold the original condition of
approval made by the Planning Commission, stating that the developer had
violated the original plan.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Russom stated that Mr. Boyd had a compelling argument in
that the developer did violate the original plan, and that if the appeal
were allowed, it could set a dangerous precedent. He noted there is an
aesthetic problem other than the glare, indicating the overall
appearance of the roof was artificial and extremely unattractive.
Councilmember Russom did state that he might agree to allow the approach
the developer is asking for if an amount of money was set aside to pay
for the application of the original copper roof, with an ironclad legal
guaranty that the letter of credit could be activated if the City
decided that this would need to be done.
Councilmember Nave indicated he would vote to grant the appeal if
Equitec would agree to a letter of credit covering the full cost of a
copper roof as suggested by Councilmember Russom.
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Councilmember Breiner indicated that after viewing photographs, her
concern was that there seemed to be no apparent difference over the
years between copper clad panels that have been put on other buildings
from when they were originally installed.
Councilmember Frugoli moved and Mayor Mulryan seconded, to deny the
appeal and uphold the Planning Commission decision that the present
roof be replaced with the original copper roof.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Nave
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan indicated that tenant occupancy could be allowed during
remodeling of present roof to original copper roof, subject to a
financial guarantee in writing.
14. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1525 - 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 (CM) - File 9-7-4
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 Frugoli moved and Councilmember Breiner seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1525 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. LEASE OF STORAGE SPACE AT THIRD AND LOOTENS PARKING STRUCTURE (RA) -
File 2-8-26
Assistant Executive Director (Redevelopment) Ours stated that a request
has come in from the Burger King Restaurant (Nine 0 Nine Food Co.) to
lease an unused City storage area under the east ramp of the Third and
Lootens Parking Structure for storing of non-perishable goods. It was
determined that a $75 per month rental charge would be a fair cost for
an area approximately 10' x 10', with impaired headroom.
RESOLUTION NO. 7287 - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A
LEASE AGREEMENT FOR CITY OWNED STORAGE SPACE UNDER
THE EAST RAMP OF THE LOOTENS STREET PARKING
STRUCTURE WITH THE NINE 0 NINE FOOD COMPANY (For
$75 per month for a period of 4 years)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. AGREEMENT FOR FIRE PROTECTION SERVICES IN AND AROUND COUNTY SERVICE AREA
NO. 19 (FD) - File 4-13-37 x 9-3-31
Fire Chief Marcucci stated that the agreement with the County of Marin
for fire protection services would expire on June 30, 1986, and that the
County is required by Proposition 13 to place the "Special Fire Tax"
before the voters every four years, and is scheduled for the County
April 8, 1986 election.
Councilmember Frugoli moved and Councilmember Nave seconded, to approve
the CSA #19 Fire Protection Agreement contingent upon passage of a
"Special Fire Tax" ballot measure on April 8, 1986, with the Resolution
to be brought back to Council authorizing execution of Agreement after
successful election results.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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17. ALLOCATION OF FUNDS FOR MULTI -CASUALTY CACHES (FD) - File 9-3-31 x 8-14
Fire Chief Marcucci stated that the Marin County Disaster Council, upon
recommendation of the Fire Chiefs Association, supported the concept of
having medical supply caches which would be stored in local fire
stations to be transported to the scene(s) of emergency locations, and
that each cache is capable of treating up to 25 injured people.
The County Board of Supervisors will front the cost of $3,000 for each
cache subject to the paramedic providers reimbursing the County within a
90 day period. San Rafael's contribution is $6,000 for two caches.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
approve supporting the Medical Cache System from funds within the Fire
Department budget, with funds to be reimbursed through the Paramedic
budget at a later time.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned.
JEANVE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1986
MAYOR OF THE CITY OF SAN RAFAEL
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