HomeMy WebLinkAboutCC Minutes 1985-12-16SRCC MINUTES (Regular) 12/16/85 Page 1
In Conference Room 201 of the City of San Rafael, Monday, December 16, 1985
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 85-24(a) - (#2) and No. 85-24(b) - (#4).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, December 16, 1985
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, Acting 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:
Item
Recommended Action
2. Approval of Minutes of Regular Approved as submitted.
Meeting of November 18, 1985,
Special Meetings of November 26,
1985 and December 2, 1985 and
Special Joint Meeting of
December 2, 1985 (CC)
4. Resolution Authorizing Mayor to
Sign an Agreement for 625 Grand
Avenue - Ferro Plaza - to Provide
an On -Site Parking Deck Should
Caltrans Terminate its Lease of
Adjacent Property (P1) - File
4-10-198
5. Reappointment of John Govi to
Marin/Sonoma Mosquito Abatement
District Board for 4 -Year Term
(CC) - File 9-2-9
6. Ratification of Resolution
No. 7229, Resolution Denying a
Portion of Appeal and Partially
Upholding the Planning Commission's
Decision to Conditionally Approve
Use and Design Review Permits for
Bayview Business Park - Francisco
Boulevard East at Pelican Way
(UP82-65 (b) and (ED85-54) (P1) -
File 10-5 x 10-7
RESOLUTION 7239 - RESOLUTION
AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
WITH THE OWNER OF FERRO PLAZA
(A 28,000 sq. ft. office building,
AP 14-133-05 & 07)
Approved staff recommendation,
reappointing John Govi to a
4 -Year Term, to expire 12/31/89.
Approved ratification of
Resolution No. 7229.
7. Authorization to Call for Bids for Approved recommendation authoriz-
Pickleweed Stage (Rec) - File ing staff to call for bids on
4-2-205 x 9-3-65 Pickleweed Park Community Center
Stage.
8. Authorization to Apply for Grant RESOLUTION NO. 7240 - RESOLUTION
from State Board of Education APPROVING THE APPLICATION FOR
for Childcare Scholarships (Rec) - GRANT FUNDS UNDER THE EXTENDED DAY
File 4-10-199 CARE SERVICES BILL (ROBERTI SB303)
($44,149 grant fund)
SRCC MINUTES (Regular) 12/16/85 Page 1
SRCC MINUTES (Regular/ 12/16/85 Page 2
10. Renewal of City's Excess Workers RESOLUTION 7241 - RESOLUTION
Compensation Insurance (Fin) - AWARDING WORKERS COMPENSATION
File 9-6-3 INSURANCE FOR THE YEAR 1986 (Excess
renewal to Employees Reinsurance
Corp. at 14.55 per $100 of
payroll)
11. Resolution of Findings - Appeal
of Building Official's Enforce-
ment of Section 504(b) of the
Uniform Building Code at 901
"A" STREET (PW) - File 1-6-1 x
9-3-32
13. Resolution Authorizing Execution
of New Subdivision Agreement -
Oakwood Unit No. 1 (Management
Services Group) (PW) -
File 5-1-244
14. Resolution Re "AVOID THE 13"
Driving Under the Influence
Campaign 1985/86 (PD) -
File 4-10-190
RESOLUTION NO. 7242 - RESOLUTION
OF CITY COUNCIL (IN ITS CAPACITY
AS THE BOARD OF APPEALS) GRANTING
CONDITIONED APPROVAL OF AN APPEAL
FROM SECTION 504 OF THE BUILDING
CODE AT 901 "A" STREET (RE OPENING
PROTECTION OF PROPERTY LINE FIRE
WALL) (and Authorizing Execution
of Compliance Agreement)
RESOLUTION NO. 7243 - RESOLUTION
CONDITIONALLY AUTHORIZING THE
SIGNING OF A NEW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS IN
OAKWOOD UNIT NO. 1, SAN RAFAEL,
CALIFORNIA (subject to City
Attorney's review and approval of
the agreement and contract
security).
RESOLUTION NO. 7244 - RESOLUTION
SUPPORTING THE "AVOID THE 13"
DRIVING UNDER THE INFLUENCE
PROGRAM (Period from 12/21/85
thru 1/2/86)
15. Request for Authorization to RESOLUTION NO. 7245 - RESOLUTION
Close Library at 5:00 PM, AUTHORIZING STAFF TO CLOSE THE
December 24, 1985 (Christmas Eve) LIBRARY AT 5:00 PM ON CHRISTMAS
and December 31, 1985 (New Year's AND NEW YEAR'S EVE (this year and
Eve) (Lib/Cult. Affs.) - in future years)
File 9-3-61
16. Claim for Damage: Approved Insurance Consulting
Associates, Inc. recommendation for
a. Lily Rydman (FD) - denial of claim.
File 3-1-1037
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
3. APPROVAL OF FIVE-YEAR FEDERAL AID URBAN PROGRAM COMMENCING FY 1986/87
(PW) - File 4-10-66
At the request of Mayor Mulryan, Public Works Director Bernardi
explained that the projects on the top of the list which are scheduled
for 1985/86 were programmed four and one half years ago. The projects
were prioritized, and _given point ratings based upon the traffic safety
indexes, relief of congestion, ease and facilitation of transient uses
and were rated higher than other projects submitted. The City's
Francisco Boulevard West Extension Project is scheduled for Program Year
1989/90 with estimated FAU funds in amount of $950,000.
RESOLUTION NO. 7246 - RESOLUTION APPROVING A FIVE-YEAR FEDERAL AID URBAN
PROGRAM COMMENCING FY 1986/87 RECOMMENDED BY THE
MARIN COUNTY URBAN SYSTEM COMMITTEE
AYES: COUNCILMEMBERS: Breiner,Frugoli, Nave, Russom & Mayor Mulrvan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 12/16/85 Page 2
SRCC MINUTES (Regulars 12/16/85 Page 3
9. RENEWAL OF CONTRACT WITH R. L. KAUTZ FOR WORKERS COMPENSATION CLAIMS
ADMINISTRATION (Fin) - File 7-1-31
Concerning the method of payment to R. L. Kautz, Councilmember Frugoli
inquired if there were to be less claims in 1986, would it be more
advantageous for the City to be charqed for claims on a per claim basis
rather than using a flat fee as proposed.
Finance Director Coleman stated that there is no way of knowing there
will be less claims in 1986, and suggested that if this does happen,
the City switch back to the old method of payment next year.
RESOLUTION NO. 7247 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH R. L. KAUTZ AND COMPANY FOR WORKERS
COMPENSATION CLAIMS ADMINISTRATION (Effective
December 1, 1985, monthly fee of $2,100.00)
AYES: COUNCILMEMBERS: Breiner, Frugli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. RENEWAL OF ANNUAL TELEPHONE MAINTENANCE AGREEMENT WITH TEL -PLUS
(FORMERLY COMPATH) (CM) - File 4-3-88
Mayor Mulryan inquired whether the present telephone system is working
properly.
Administrative Assistant Harry stated that the system is meeting the
needs of the City on a day-to-day basis, and that the maintenance
currently being provided is satisfactory.
RESOLUTION NO. 7248 - RESOLUTION AUTHORIZING THE SIGNING OF A
MAINTENANCE SERVICE AGREEMENT WITH TEL PLUS
COMMUNICATIONS, INC. (Commencing 12/21/85 at a
cost of $8,700 for one year)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING - PROTEST HEARING - CIVIC CENTER - NORTHGATE ASSESSMENT
DISTRICT: (PW) - File 6-42
Mayor Mulryan declared the hearing opened.
Public Works Director Bernardi noted that amendments were made to the
district whereby an additional property had been added which changed the
boundaries, and also additional improvements were added to the district
over and above what was originally conceived, namely, the cost of the
Merrydale Overcrossing. The addition is the cost of the main trunkline
sewer facilities and new pump station to be owned and operated by the
Las Gallinas Valley Sanitary District.
As there were no comments from the public, Mayor Mulryan closed the
public hearing.
a. RESOLUTION NO. 7249 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS
- CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. RESOLUTION NO. 7250 - RESOLUTION AMENDING RESOLUTION OF INTENTION NO.
6811 - CIVIC CENTER - NORTHGATE ASSESSMENT
DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryabn
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
C. Second Amended Engineer's Report - Filed.
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d. RESOLUTION NO. 7251 - RESOLUTION APPROVING AMENDMENT OF PROCEEDINGS,
SECOND AMENDED ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT - CIVIC CENTER -
NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
e. Waiver of Notice and Hearing on Increased Assessments and Cash
Collection Period - Filed.
f. Paid and Unpaid List - Filed.
g. RESOLUTION NO. 7252 - RESOLUTION DETERMINING ASSESSMENTS REMAINING
UNPAID - CIVIC CENTER - NORTHGATE ASSESSMENT
DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
h. RESOLUTION NO. 7253 - RESOLUTION AUTHORIZING ISSUANCE OF BONDS - CIVIC
CENTER - NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
i. RESOLUTION NO. 7254 -ORDERING SALE OF BONDS - CIVIC CENTER - NORTHGATE
ASSESSMENT DISTRICT (to Stone & Youngberg)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
j. RESOLUTION NO. 7255 - RESOLUTION APPROVING AGREEMENT WITH LAS GALLINAS
VALLEY SANITARY DISTRICT - CIVIC CENTER -
NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 4050
REDWOOD HIGHWAY (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that Fitness USA is proposing to
remodel its business at a cost of $57,000. The cost of providing full
access is estimated at $47,000. He indicated that Marin Center for
Independent Living has reached a satisfactory agreement with the
Appellant.
Mayor Mulryan closed the public hearing.
Councilmember Russom moved and Councilmember Breiner seconded, that
Council, sitting as the Board of Appeals, approve the staff
recommendation that the provision of an accessible entry and an
accessible women's toilet room would represent an unreasonable hardship.
Also, staff was directed to prepare an appropriate Resolution with
Findings and bring said Resolution back for Adoption at the next
meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: none
SRCC MINUTES (Regular) 12/16/85 Page 4
SRCC MINUTES (Regular) 12/16/85 Page 5
19. 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 BERM, JR., REP.;
DR. DINU GRAY, APPELLANT; AP 18-051-20 (Pl) - File 10-11 x 125
Mayor Mulryan opened the public hearing and continued hearing to the
meeting of January 20, 1986 at the request of the Appellant.
20. AN URGENCY ORDINANCE TO AMEND TITLE 15 (SUBDIVISIONS) OF THE SAN RAFAEL
MUNICIPAL CODE TO PERMIT FILING OF A VESTING TENTATIVE MAP. THIS
AMENDMENT HAS BEEN PROPOSED TO BRING THE CITY'S SUBDIVISION ORDINANCE IN
CONFORMANCE WITH THE STATE SUBDIVISION MAP ACT AS AMENDED SEPTEMBER 13,
1984 (P1) - File 10-8 x 10-6
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that last year, the State's Map Act was
modified to require local agencies to allow procedures for a Vesting
Tentative Map to allow a longer time period, and requiring that the
ultimate development of the tentative map be approved by the City.
As there were no comments from the public, Mayor Mulryan closed the
public hearing.
RESOLUTION NO. 7256 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR
AN URGENCY ORDINANCE TO AMEND TITLE 15
(SUBDIVISIONS) OF THE MUNICIPAL CODE BY ADDITION
OF CHAPTER 15.18 "VESTING TENTATIVE MAPS"
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Myulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING TITLE 15 (SUBDIVISIONS) BY ADDING CHAPTER 15.18 "VESTING
TENTATIVE MAPS"
Councilmember Breiner moved and Councilmember Russom seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1521 (Urgency Ordinance) by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. SUN VALLEY OPEN SPACE PROJECT: (CM) - File 6-36
a. RESOLUTIONS AUTHORIZING EXECUTION OF EXTENSIONS OF FOUR (4) OPTIONS
TO PURCHASE AGREEMENTS, TO MARCH 1, 1986.
b. RESOLUTIONS OF CONDITIONAL ACCEPTANCE OF GRANTS OF REAL PROPERTY
(4).
Public Works Director Bernardi stated that Council previously approved
option agreements which tied up various properties in the open space
district. Council was asked to consider extending the Option to
Purchase Agreements to March 1, 1986; and adopt the Resolutions of
Conditional Acceptance of Grants of Real Property. In the event the
details could be worked out prior to the next regularly scheduled
Council meeting, the City Attorney, the County Counsel and the County of
Marin Real Estate section, once approving the sale and details of the
purchase of the property, could then proceed with the closing of the
property.
Mr. Berne Holman informed the Council that there were 340 parcels that
favor an assessment district; and that there was a petition signed by
546 people who requested that the purchase of the property be set aside.
SRCC MINUTES (Regular) 12/16/85 Page 5
SRCC MINUTES (Regular) 12/16/85 Page 6
Councilmember Frugoli moved that this item be brought back to Council
for reconsideration.
Motion died for lack of a second.
RESOLUTION NO. 7257 - RESOLUTION AUTHORIZING THE SIGNING OF THE
AGREEMENT WITH SECOND AMENDMENT TO OPTION TO
PURCHASE AGREEMENT BETWEEN EMMA DUCA AND THE MARIN
COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN
RAFAEL (For Duca Property - AP 10-011-07, 10-011-
46 and portions of AP 177-240-11 and 177-240-18 -
Extending date to and including March 1, 1986).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7258 - RESOLUTION AUTHORIZING THE SIGNING OF THE
AGREEMENT WITH AMENDMENT TO OPTION TO PURCHASE
AGREEMENT BETWEEN OWENS MORTGAGE COMPANY, NOW
KNOWN AS OWENS FINANCIAL GROUP, INC. AND THE MARIN
COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN
RAFAEL (FOR OWENS MORTGAGE COMPANY PROPERTY - NOW
KNOWN AS OWENS FINANCIAL GROUP, INC.) - (A.P. 10-
011-18 AND 10-041-42) (Shall extend through to and
including March 1, 1986).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7259 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH AMENDMENT TO OPTION TO PURCHASE AGREEMENT
BETWEEN WILLIAM T. MURPHY AND JUDITH M. MURPHY,
MARIN COUNTY OPEN SPACE DISTRICT AND CITY OF SAN
RAFAEL RE MURPHY PROPERTY - A.P. 10-011-35
(Extending date to and including March 1, 1986).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7260 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH AMENDMENT RE PROPERTY AP 10-011-06.
(Extending date to and including March 1, 1986).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7261 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF
REAL PROPERTY KNOWN AS: EMMA DUCA PROPERTY A.P.
10-011-07, 10-011-46 AND PORTIONS OF A.P. 177-240-
11 AND 177-24-18
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7262 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF
REAL PROPERTY KNOWN AS: OWENS MORTGAGE COMPANY
NOW KNOWN AS OWENS FINANCIAL GROUP, INC. A.P. 10-
011-18 AND 10-041-42
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 12/16/85 Page 6
SRCC MINUTES (Regular) 12/16/85 Page 7
RESOLUTION NO. 7263 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF
REAL PROPERTY KNOW AS: WILLIAM T. MURPHY AND
JUDITH M. MURPHY - A.P. 10-011-35
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7264 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF
REAL PROPERTY KNOWN AS: A.P. 10-011-06
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT: (PW) - File 6-36
a. SECOND AMENDED COST ESTIMATE. THIS IS TO BE FILED.
b. RESOLUTION APPROVING SECOND AMENDED COST ESTIMATE.
C. PAID AND UNPAID LIST. THIS IS TO BE FILED.
d. RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID.
e. RESOLUTION AUTHORIZING ISSUANCE OF BONDS.
f. RESOLUTION ORDERING SALE OF BONDS.
No discussion was held.
23. REPORT ON TRAFFIC SYSTEMS MANAGEMENT ORDINANCE PROPOSAL (PW) -
File 11-13 x 11-16
Public Works Traffic Engineer Rumsey stated that the business community
had been surveyed on the proposed ordinance relating to traffic problems
in the City, and many people felt that a broader program county -wide or
region -wide was needed. He stated that the County is in the process of
pursuing a grant to allow the hiring of a consultant to develop a
County -wide model ordinance.
Staff recommends moving ahead to start the process in San Rafael by
forming a Task Force having equal representation with the City staff and
the business community with a member of the City Council as Chairman.
Mayor Mulryan and all Councilmembers indicated their interest in serving
on the task force.
Councilmember Russom was concerned about having only one representative
from the private employment sector and urged that the Chamber of
Commerce representative be someone who could speak for medium and large
employers as well as small businesses.
Councilmember Breiner suggested that the business representative have an
alternate available to attend meetings as needed.
Councilmember Russom moved and Councilmember Nave seconded, to accept
the report and approve the staff recommendation to form a task force
composed of representatives of business community and City staff to
develop and implement a City-wide TSM Program and coordinate with County_
of Marin to implement a County -wide program.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. REPORT ON SHOPPING CENTER OVERLAY ZONE (PL) - File 10-2 x 12-1
Planning Director Moore stated that the majority of the shopping centers
were found to be in good condition and that several had major upgrading
done, especially in the Northgate Mall. On a smaller scale, the Bret
Harte Shopping Center was redeveloped within the last couple years. Of
the 10 shopping centers reviewed, the Terra Linda Center, Montecito
Shopping Center, Lee's and Loch Lomond Shopping Centers, which vary in
SRCC MINUTES (Regular) 12/16/85 Page 7
SRCC MINUTES (Regular, 12/16/85 Page 8
size, need special attention. The Montecito Shopping Center
particularly has not kept up with the times, and its maintenance, design
and major vacancy is not keeping pace with what is going on in the
commercial area in San Rafael and in Marin County.
Councilmember Russom moved and Councilmember Breiner seconded, to refer
this matter to the Planning Commission.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. REPORT ON STREET SWEEPING PROGRAM (PW) - File 8-5x 9-3-40
Public Works Director Bernardi stated that formerly with two street
sweeper positions and three street sweeper machines, the downtown area
was swept five nights a week and the outlying residential areas,
approximately every two weeks. Currently, with the reduction in staff,
there now are only two sweeping machines and one street sweeper. With
this level of staffing, the downtown area gets swept three nights a week
and the other two nights a week are used for the residential areas in
town. In addition, during the "leaf season", the most critical time,
with only one sweeper position, additional overtime costs have been
incurred of approximately $7,500. During rainstorms, the sweeper
positions have also been an "early warning" system in the event storms
got bad.
After discussion, the Council unanimously approved: a) Staff to work
with Canal Community Alliance and develop a model, voluntary street
sweeping program; b) Redevelopment Agency to pay for hiring of two new
employees to maintain the downtown area; c) To restore the street
Sweeping program to its original level of service (by hiring an
additional street sweeper operator and purchase of a third street
sweeper).
RESOLUTION NO. 7265 - RESOLUTION DISPENSING WITH THE COMPETITIVE BIDDING
AND AUTHORIZING A SOLE SOURCE PURCHASE OF ONE
STREET SWEEPER
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
26. REPORT ON TRANSPORTATION RELIEF IMPLEMENTATION PROGRAM (TRIP) (Pl) -
File 11-31
Planning Director Moore gave a brief report stating that the staff
report discussed the individual recommendations of the ad hoc TRIP
Committee, and that a comprehensive report would be brought to Council
at a later date.
Mr. Rick Norman, member of the TRIP Committee, and representative of San
Rafael Forward, stated that the City Council should take a progressive
stance on the traffic problems and that a long term moratorium is
extreme and will not solve the existing problems. Mr. Norman submitted
a petition with over 1,000 signatures who support his opposition to a
moratorium.
Councilmember Nave moved and Councilmember Frugoli seconded, to approve
the staff recommendation that a program of the relatively simple, easy
to implement, short term options be prepared and implemented as soon as
possible; also that a comprehensive report describing a coordinated
program for analyzing, discussing and implementing appropriate longer
term options be prepared for Council consideration at an appropriately
noticed hearing.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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27. NO CHARGE FOR PARKING METERS ON SATURDAYS, WITH TWO-HOUR PARKING LIMIT
ENFORCEMENT (Fin) - File 11-18
Finance Director Coleman stated that if there were free parking in San
Rafael on Saturdays, that $40,000 would be lost in the parking meter
revenue, including additional undetermined costs relating to parking
citations, of which approximately $50,000 worth of tickets on expired
meters are written on Saturdays each year.
After discussion, Council accepted staff report without motion and
directed staff to place signs on the street (both "A" and "B" Streets)
indicating "Free Parking On Saturdays Only" at the Third and "A" Parking
Structure.
28. DISCUSSION RE ACTIVITIES AT CARMEL HOTEL - File 13-16 (Verbal)
Mayor Mulyran asked that this item be discussed because of information
received regarding the residential health care program which seems to be
developing at the Carmel Hotel.
Acting City Manager Nicolai stated that this item was discussed with the
City's Code Enforcement Officer Butts who informed Ms. Nicolai that the
name of the program is called the "Voyager Program" and is handled
through the Avanti House. There are 12 rooms rented at the Carmel Hotel
for placement of chronically ill adults in temporary housing.
City Attorney Ragghianti informed Council that the Carmel Hotel does .not
require a permit or license to use the rooms as such, and that he knew
of no legal basis where action could be taken to prevent them from
renting the rooms to these people.
Planning Director Moore indicated that when staff became aware of the
program last year, they investigated it to determine if it constituted a
care facility, and it did not.
Council directed staff to bring a report back at the meeting of January
6, 1986 after contacting the County to learn more about the criteria for
placing transients at the Carmel Hotel, as well as asking the County to
set up an agreement or program to allow the City to monitor the
activities.
29. STATUS REPORT ON CITY'S LIABILITY INSURANCE (Fin) - File 9-6-1
Finance Director Coleman stated that if the City's liability insurance
were to expire tonight, there would be no insurance companies willing to
write policies at this time. Mr. Coleman added that it is a critical
problem, and suggested that Council have a special meeting to consider
any options.
Council accepted the report and called for a special meeting to be held
either on Janaury 2 or 3, 1986 to discuss this problem.
30. REPORT ON CITY'S INVESTMENT POLICY (Fin) - File 8-14 x 9-2-13
Finance Director Coleman stated that the State Legislature has passed
legislation which involves extensive reporting by cities on what they
are doing on investment policies. He indicated his staff report
outlines options available to the City in the investment area, for
Council approval.
Councilmember Nave moved and Councilmember Russom seconded, to adopt the
Statement of Investment Policy as presented.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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31. ORDINANCE PROVIDING FOR AN INCREASE IN COMPENSATION FOR CITY COUNCIL -
File 7-3-2
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR AN INCREASE IN
COMPENSATION FOR CITY COUNCIL" (Mayor's salary increased to $600 and
Councilmembers' salary to $400, effective January 1, 1986).
Councilmember Frugoli moved and Councilmember Russom seconded, to
dispense with the reading of the ordinance in its entirety and refer to
it by title only and pass Charer Ordinance No. 1522 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
32. DISCUSSION OF STAFFING IN CITY ATTORNEY'S OFFICE: (CA) - File 9-3-16 x
8-5 x 7-3-2
City Attorney Ragghianti stated that his staff report points out the
method for having a replacement for the vacancy caused by Assistant City
Attorney Stewart Andrew, who has given notice to seek a six-month leave
of absence. Mr. Ragghianti noted that the seeking of a leave of absence
had not been done before; however, the Charter provides that the City
Manager may approve such a request. The proposal is to allow Mr.
Ragghianti's law office to provide the services needed to the City for
the first six months of 1986 at an increase in the City Attorney's
salary of $3,000 per month. Also, that the contract of the present
Deputy City Attorney, Mary Casey, be extended through June 30, 1986, and
that her salary be increased to $3,000 per month for the added
responsibilities, requiring no increase in the City Attorney's budget.
City Attorney Ragghianti recommended that Council grant Mr. Andrew a
leave of absence with a condition that the Council be notified no later
than April 1, 1986, as to whether or not he would be returning.
Mr. Ragghianti addressed the request made by Mr. Andrew whereby he asked
that he spend four hours per month working on City matters in exchange
for the City covering his health insurance benefits through June 30,
1986.
Councilmember Frugoli indicated he was opposed to granting a six month
leave of absence to Assistant City Attorney Andrew.
a. Ordinance Re Salary of the City Attorney (to provide that the salary
of the City Attorney be set by Resolution).
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING
TITLE 2.08.160 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "SALARY OF
THE CITY ATTORNEY"
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it by
title only and pass Charter Ordinance No. 1523 to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
b. Resolution Setting the Salary of the City Attorney.
RESOLUTION NO. 7266 - RESOLUTION SETTING THE SALARY OF THE CITY
ATTORNEY (as amended, to include expiration date
of June 30, 1986. Salary increased to $5,545
per month, effective January 1, 1986).
AYES: COUNCILMEMBERS: Breiner, Nave, Russsom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
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C. Resolution Amending the Contract of the Deputy City Attorney.
RESOLUTION NO. 7267 - RESOLUTION AMENDING THE CONTRACT OF THE DEPUTY
CITY ATTORNEY (Increasing salary to $3,000 per
month; City to contribute $138.44 per month for
health care benefits; Term of amended agreement
from January 1, 1986 to June 30, 1986; Continue
accumulation of both paid vacation time off and
sick leave at rate of 6.6 hours per month)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
City Attorney Ragghianti to report back to Council on the status of Mr.
Andrew, at meeting of April 7, 1986.
Councilmember Russom moved and Councilmember Nave seconded, that Council
approve the request for leave of absence for Assistant City Attorney
Andrew with the condition that Mr. Andrew respond to Council on his
status no later than April 7, 1986, and that the leave be no longer than
six months.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
Council took no action on request for health care coverage for Assistant
City Attorney Andrew as proposed.
There being no further business, the meeting was adjourned.
Jean -"-M. Leoncini, City C erk
Approved this day of 1986
Mayor of City of San Rafael
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