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HomeMy WebLinkAboutCC Minutes 1985-10-21SRCC MINUTES (Regular. 10/21/85 Page 1 In the Conference Room 201 of the City of San Rafael, Monday, October 21, 1985 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No action taken. In the Council Chambers of the City of San Rafael, Monday, October 21, 1985 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Absent: Jerry Russom, Councilmember Also Present: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: 3. 4. go Item Consideration of Parking Meter Holiday, Including Third and "A" Parking Structure, December 9-31, 1985 (RA) - File 11-18 Resolution of Appreciation for James Greenan, Chairman, Board of Library Trustees (Lib./Cult.Affs.) - File 102 x 9-2-3 Approval of Memorandum of Under- standing (MOU) with San Rafael Police Officers Association (CM) - File 7-8-3 8. Report on Actuarial Valuation for Retirement Plan (Fin) - File 7-1-26 9. Claims for Damages: a. Marsha Fama (PW) - File No. 3-1-1016 b. Rene DiMaio (PW) - File No. 3-1-1019 c. John E. Harrington (PW) - File No. 3-1-1020 Recommended Action Approved staff recommendation on Parking Meter Holiday for all one and two hour parking meters, including Third and "A" Parking Structure, from December 9, 1985 thru December 31, 1985. RESOLUTION NO. 7205 - RESOLUTION OF APPRECIATION TO JAMES GREENAN WHO SERVED AS A MEMBER OF THE SAN RAFAEL BOARD OF LIBRARY TRUSTEES FROM 1981 to 1985. RESOLUTION NO. 7206 - RESOLUTION AMENDING RESOLUTION NOS. 6415, 6078, 5929, AND 6689 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL AND APPROVING MOU (Two Year Agreement from July 1, 1985 to June 310, 1987). Approved staff recommendation to accept Actuarial Report and Implement New Lower Retirement Rates Effective October 1, 1985. Approved Insurance Consulting Associates, Inc. Recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC MINUTES (Regular) 10/21/85 Page 1 SRCC MINUTES (Regular) 10/21/85 Page 2 2. APPROVAL OF MINUTES OF SPECIAL MEETINGS OF SEPTEMBER 30, AND OCTOBER 2, 1985 AND REGULAR MEETING OF OCTOBER 7, 1985 (CC) - File 1-4 Councilmember Breiner requested a correction be made to Minutes of Regular Meeting of October 7, 1985 as follows: Page 7, Item 21, first paragraph, 3rd line from bottom, "made up of a sub -committee of," to add words "either" Mayors/Councilmembers, Planning Commissioners "or" San Francisco Foundation", etc. Councilmember Breiner moved and Councilmember Nave seconded, to approve the Minutes of Special Meetings of September 30, and October 2, 1985 as presented, and Minutes of Regular Meeting of October 7, 1985 as amended. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom ABSTAINED: COUNCILMEMBERS: Breiner (from Minutes of Special Meeting of September 30, 1985 only due to absence from meeting) 5. PROCESSING SCHEDULE FOR CANALWAYS (P1) - FILE 5-1-288 x 10-3 Mayor Mulryan stated that he met with the representative of Canalways, and indicated that the representative wanted to know what date could be set for this project to come before the Planning Commission. Planning Director Moore stated that the earliest possible date would be February 25, 1986. Councilmember Breiner corrected wording on the 3rd page of Mr. Coldoff's Chronology dated October 14, 1985, on the last paragraph, last sentence; the word "approval" should read "decision". Council accepted staff report, without motion, and agreed that the date of Febraury 25, 1986 is the date set for the project to appear before the Planning Commission. 7. REPORT ON INSTALLATION OF PARKING METERS ON VARIOUS SIDE STREETS ADJACENT TO THIRD AND FOURTH STREETS (PW) - File 11-18 Mayor Mulryan and Councilmembers Frugoli and Nave suggested that this item be dropped, but that staff look into blocks on "G", "F" and Ida to perhaps have 30 minute zones placed where they would be an advantage for the merchants and their customers for shopping purposes. Councilmember Breiner indicated that her goal for that area is to have a greater turnover and to help defray the cost of the recently completed parking lot leased by the City, adjacent to United Liquors. Councilmember Frugoli stated that he had spoken with Police Chief Ingwersen and Public Works Director Bernardi, asking them to look at the enforcement in this area. Also, there are two spaces on both sides of "G" , Ida and "H" Streets where 15 or 20 minute zones might be marked without having meters. Mayor Mulryan agreed that the area is not adequately patrolled. Councilmember Frugoli moved and Councilmember Nave seconded, that the Council drop the installation of parking meters on "G", Ida and "H" Streets, but that 30 minute zones be looked into instead. AYES: COUNCILMEMBERS: Frugoli, Nave, & Mayor Mlryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom 9(d). CLAIMS FOR DAMAGES: ALEX MIURA (PD) - File No. 3-1-1021 Mayor Mulryan indicated that this item would be discussed in Closed Session at the end of the Council meeting. SRCC MINUTES (Regular) 10/21/85 Page 2 SRCC MINUTES (Regular) 10/21/85 Page 3 10. PUBLIC HEARING - Z85-13; REZONING TO P -D DISTRICT FOR 36 UNIT ADDITION TO ROTARY MANOR; 1821-1847 FIFTH AVENUE; ROTARY MANOR CORP., OWNER, JOCK MCNUTT/JIM RING, REPS; AP10-291-12, 13, 14 & 15 (PL) - FILE 10-3 X (SRRA) R-144 Mayor Mulryan declared the public hearing opened. Councilmember Frugoli asked that he be excused from voting on this item, because of his membership in the Rotary Club and member of the Board of Directors of Rotary Manor Corporation. Planning Director Moore stated that the Planning Commission conditionally approved the design review for the project on October 15, 1985, and recommended that Council approve the planned development of the rezoning of the project allowing expansion of the Rotary Manor Low Income Senior Housing Project from 63 units to 100 units, consisting of 26 one bedroom units and the Manager's unit in the project. Mr. Jock McNutt, President of Rotary Manor asked that the Council approve the project, indicating there were 150 persons on the waiting list. Mr. McNutt thanked the City for the cooperation given, and especially the Planning Department. Mayor Mulryan closed the public hearing. RESOLUTION NO. 7207 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR REZONING 1821-1847 FIFTH AVENUE (ROTARY MANOR) AYES: COUNCILMEMBERS: Breiner, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom ABSTAINED: COUNCILMEMBERS: Frugoli 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 R-2 AND P -D (DUPLEX RESIDENTIAL AND PLANNED DEVELOPMENT) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (1821-1847 Fifth Avenue)" Councilmember Nave moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1516 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom ABSTAINED: COUNCILMEMBERS: Frugoli 11. PUBLIC HEARING REGARDING FORMATION OF EAST FOURTH STREET PARKING ASSESSMENT DISTRICT (RA) - File 6-41 x 10-3 Mayor Mulryan declared the public hearing opened. Mayor Mulryan indicated that two protest letters had been received protesting the formation of the East Fourth Street Parking Assessment District, and asked a question if it was necessary to include residential properties in this type of assessment district. Mr. Edwin Ness, Bond Counsel with the firm of Sturgis, Ness, Brunsell & Sperry, stated that it is necessary to include properties within the boundaries of the district that benefit from the improvements. Mr. David Hellman, attorney representing property owners and some tenants in the area, stated that the amount of the assessment is based on a formula weighted by one quarter of land area, one quarter on square footage of improvements and one half on parking deficiency. There also are three different zones; Zone 1, the closest to the parking lot having a weight of 4; Zone 2, farther away having a weight of 2; and Zone 3, the farthest away having a weight of 1. Residential properties that are SRCC MINUTES (Regular) 10/21/85 Page 3 SRCC MINUTES (Regular, 10/21/85 Page 4 included are the Bacigalupi, Horvath, Johnson and Slavich properties. Bacigalupi and Horvath's properties are in Zone 3 with a weight of 1, having no deemed parking deficiency. The estimated assessment maximum for Mr. Bacigalupi's lots would be $134.73 per year on one parcel and $147.44 a year on the other. The Horvath's property assessment would be $146.90, with the assumption of selling bonds at 10% interest, which is considered high, and that the project could be accomplished with $600,000. Mr. Hellman continued by stating that these properties were included because of two reasons; 1) Their properties would have immediate benefits because it is right behind the parking lot, with visitors being able to utilize that parking lot and there would be a walkway along the Bacigalupi/Clayton property allowing access to Third Street; 2) It would increase their property value on resale because it would be immediately adjacent to a public parking lot, having a positive impact. Mr. Ness pointed out to the Council that two hearings would be required in the district, this being the first on public convenience and necessity, and the second would be set after the Engineer's Report is filed. At that time, more information would be available on the cost and the spread of the assessment. Staff responded to Councilmember Breiner's question of what the underlying zoning was for the residential area, by stating that it was C-2. Mr. Joseph Horvath, property owner at 522 Third Street stated that he did not object to the parking district assessment, but was concerned as to what it would cost him. Mr. Hellman informed Mr. Horvath that it would be a maximum of $146.96 per year. Mr. Horvath disagreed that people would park in the parking lot to be built, because visitors to their home now park on their property. Mayor Mulryan stated that Council was advised that Mr. Horvath's property is commercial although it is being used as residential, and that the rationale is, that as commercial property, it could increase in value with increased parking nearby. Miss Andrea Bacigalupi, daughter of Mr. Victor Bacigalupi, stated that it was unfair to ask her father and Mr. Horvath to pay for a parking lot when they are on retirement with fixed incomes, when in fact, they feel they will not benefit from and do not want the parking lot. Ms. Bacigalupi indicated that they do not like having people walking down the sidewalk to their property because it creates a garbage problem, with rubbish being thrown into their yards. Councilmember Frugoli inquired of Mr. Bernardi if the walkway was through the Bacigalupi or Clayton's property. Mr. Bernardi responded that it was through Mr. Clayton's property, and Ms. Bacigalupi informed Council that the last 20 feet is on their property. Mr. Bernardi stated that the intent would be not to encroach on the Bacigalupi property but to solely use the Clayton property. Staff will check the last 20 feet of sidewalk to determine if it is on the Bacigalupi property or on the Clayton property. Mayor Mulryan closed the public hearing. RESOLUTION NO. 7208 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION AND CONSTRUCTION OF THE IMPROVEMENTS AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom RESOLUTION NO. 7209 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN EAST FOURTH STREET PARKING ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC MINUTES (Regular) 10/21/85 Page 4 SRCC MINUTES (Regula., 10/21/85 Page 5 12. RESOLUTION ESTABLISHING 15 MPH SPEED LIMIT ON ROBERT DOLLAR DRIVE, FAIR DRIVE, PROSPECT DRIVE, AND CONNECTING STREETS (PW) - File 11-12-1 Councilmember Breiner called attention to the recommendation in the staff report on the "No left turn - 4 - 6 PM be placed at the intersection of Linden Avenue", and Public Works Director Bernardi stated that it should read "Prospect Drive". Mr. Bernardi commented that they had a productive meeting with the residents last week, and that Traffic Engineer Rumsey and Sergeant Jerry Hasser of the Police Department spent two hours with the neighborhood addressing their concerns. Mr. Bernardi pointed out that out of six items that the neighborhood considered to be important to them, staff agreed with three items, 3, 5 and 6 as follows: 3. Prohibit Left Turn from Lincoln to Highway 101 Underpass - 4-6PM. The neighborhood was highly in favor of this measure. Police also felt that this would be a measure which would not only discourage commuters, but would be enforceable by one officer. Staff recommends that this measure be adopted after Linden Lane is reopened to two-way traffic so that residents on the fast side of the freeway will not be impacted. 5. Stop Signs - Public Works will review all intersections and install additional stop signs at locations where they are warranted by sight distance restrictions. 6. 15 MPH Speed Limits - The neighborhood was highly in favor of this measure with only three residents opposing it. Mayor Mulryan indicated that staff would be trying out the left -turn restriction, stop signs and speed limits, with a report brought back to Council on its effectiveness in six months. RESOLUTION NO. 7210 - RESOLUTION OF THE CITY OF SAN RAFAEL ESTABLISHING A 15 MPH SPEED LIMIT ON ROBERT DOLLAR DRIVE, FAIR DRIVE, PROSPECT DRIVE AND CONNECTING STREETS AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 13. REPORT ON TRAFFIC SYSTEMS MANAGEMENT ORDINANCE (PW) - File 11-13 x 11-16 Mayor Mulryan commented that Mr. Stephen Kline had presented the draft ordinance to the Council, and noted that because the ordinance requires complete cooperation in the community, it should be presented to the public for their comments. Councilmember Nave suggested that the draft ordinance be sent to the Business Improvement District (BID), the Chamber of Commerce and various large employers in San Rafael so that they could have the opportunity to review it. Councilmember Breiner requested that the Task Force recommendation that came out of the September 26 meeting be added, to include buildings of 50 or more employees. Councilmember Frugoli stated that at a meeting with property owners in East San Rafael, an indication was given that some of the applicants who are looking for some type of systems traffic management, are willing to put some money into the system. After discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to accept the staff report and refer the Traffic Systems Management Ordinance to the BID, the Chamber of Commerce and to businesses in San Rafael with 50 or more employees. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC MINUTES (Regular) 10/21/85 Page 5 SRCC MINUTES (Regular, 10/21/85 Page 6 14. CONSIDERATION OF GRANTING STAFF AUTHORITY TO HIRE AN ADDITIONAL PLANNER FOR ONE (1) YEAR, TO BE FUNDED BY G.O.S. PARTNERSHIP, (JOE SHEKOU) IN ORDER TO ALLEVIATE TEMPORARY BACKLOG IN PLANNING ACTIVITIES (P1) - File 9-3-17 x 8-5 Mayor Mulryan stated that this item was for consideration of granting staff the authority to hire an additional contract planner for one year, to be funded by G.O.S Partnership, which is Mr. Joe Shekou's organization having to do with the proposed hotel development in the Northgate area, in order to alleviate the temporary backlog in planning activities in the Planning Department. Planning Director Moore indicated that in speaking with Mr. Len Nibbi, Mr. Shekou's representative, that it would take several weeks to hire someone permanently, but that there are contract planners available on an interim basis to maintain the continuity that staff has with Mr. Shekou's project. Councilmember Breiner questioned this method, and Mayor Mulryan commented that he was receptive to this offer to get the process moving quickly because of the variety of City-wide projects that are going on, and it seems to be fair if an individual project wants to speed the process by providng funds that they be allowed to participate. Councilmember Breiner indicated that if staff is short handed, that the City should hire a contract planner, and that this should not be funded by an outside group. Ms. Moore stated that it was her understanding that the intent is to provide relief to those planners handling some of the major projects, including Mr. Shekou's, so that some of the more routine projects could be handled by contract planners, relieving a fair amount of the time burden that the senior staff has. It would be difficult to hire a contract planner who is only peripherally familiar with their operation and assign them a project involving general plan amendment or major policy issues. However, often times, those people are suited to handle fairly routine use permit and design review matters. City Manager Gaebler stated that he had been working on the staffing in the Planning Department with Ms. Moore, and that they are looking at the backlog of projects, existing staff loads, and the temporary staffing levels. Mr. Joseph Shekou stated that he would be willing to pay approximately $25,000 to $30,000 for the City to hire a contract planner. Mr. Shekou continued by stating that the bonds for his project must be sold before the end of the year, and that they must finish and get City approval before the end of the year in order to get the credit enhancement. On the issue raised about conflict of interest, Mr. Shekou indicated he agreed the planners who are involved in this project, would continue on the major projects as mentioned by Ms. Moore, and the contract planner would handle the more routine projects. There are two major issues, the Franchise Agreement with the Hilton Corporation and the City approval. Councilmember Breiner indicated that there should be something in writing that explains how this works, setting guidelines for the project and for future possible contract planners so everyone is informed. Councilmember Frugoli moved and Councilmember Nave seconded, to approve granting staff authority to hire an additional planner for one year. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC MINUTES (Regular) 10/21/85 Page 6 SRCC MINUTES (Regular) 10/21/85 Page 7 There being no further business, the meeting was adjourned to Closed Session to discuss item 9(d), Claim for Damages: Alex Miura (PD) - File No. 3-1- 1021. Council reconvened in Open Session and approved Insurance Consulting Associates, Inc. recommendation for denial of claim. JEANOt"M. LEONCINI, ity Clerk APPROVED THIS DAY OF 1985 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/21/85 Page 7