HomeMy WebLinkAboutCC Minutes 1987-03-16SRCC MINUTES (Regular) 3/16/87 Page 1
In Conference Room 201
of the City of
San Rafael,
Monday, March 16, 1987
at 7:00
P.M.
Regular
Meeting:
CLOSED
SESSION
CLOSED
SESSION TO
DISCUSS
LITIGATION
& PERSONNEL
- File 1.4.1.a
1. No.
87-6(a) -
(#1)
Judith Jediken
vs. Pacific
Gas & Electric Co.,
American
Telephone
& Telegraph Co.,
City of San Rafael, et al.
No.
87-6(b) -
(#2).
No. 87-6(c)
- (#2). No.
87-6(d) - (#2).
No.
87-6(e) -
(#2).
No. 87-6(f)
- (#2). No.
87-6(g) - (#4).
No.
87-6(h) -
(#2).
No. 87-6(i)
- (#6).
No
action was
taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 16, 1987
AT 8:00 P.M.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Maynard H. Willms, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATION OF AN URGENCY NATURE:
CHILD CARE CENTER - BAHIA VISTA SCHOOL - File 9-2-1 x 4-7-17 (VERBAL)
Mr. Mathew Painter of 129 Canal St. spoke on the closure of the child
care center at Bahia Vista School as of June 30, 1987. He asked for
continued Council support to keep the location of the child care center
on the school site.
Mr. Cliff Yates asked to have information on this matter sent to his home
and asked Council to have this item on the next agenda for further dis-
cussion, to which Mayor Mulryan agreed.
2. SPECIAL PRESENTATION - PRESENTATION OF AWARDS FOR TRANSIT POSTER
CONTEST - BAHIA VISTA SCHOOL - File 102 x 9-2-1
John Rumsey, Assistant Civil Engineer - Traffic, stated that a poster
contest was held at the Bahia Vista Elementary School which was jointly
sponsored by the City of San Rafael and the Canal Community Alliance.
Mr. Rumsey indicated that the posters were based on the SMART bus
system and stated that for the last month bus usage had increased
by 50 percent. He also brought attention to the posters displayed
on the board and thanked Mayor Mulryan for his participation in the
judging of the contest.
Mayor Mulryan stated it was a difficult task for him to judge the
contest because there were so many artistic posters submitted. He
then presented award ribbons to the following students who were winners
of the SMART Poster contest:
First Grade: 1. Carlos Morales; 2. Cuong Ly (not present);
3. Stephanie Belair.
Second Grade: 1. Jose Orellana; 2. Eliska Varek; 3. Julie Lu.
Third Grade: 1. Jun Wha Lee; 2. Tabitha Gaffney; 3. Nader Soltanizad.
Fourth Grade: 1. Mai Nguyen (moved, not present). 2. Chanh Nguyen;
3. Scott Maclean.
Fifth Grade: 1. Trevor Hewitt; 2. Ronnie Moore; 3. Star Forward.
SRCC MINUTES (Regular) 3/16/87 Page 1
SRCC MINUTES (Regular) 3/16/87 Page 2
CONSENT CALENDAR
Item Recommended Action
4. Acceptance of Grant Deed to Place RESOLUTION NO. 7504 - RESOLUTION
Open Space Covenant on Wetlands ACCEPTING CONVEYANCE OF REAL PROP -
Parcel at Pelican Way (PW) - ERTY AND PRESERVATION COVENANT -
File 2-5-23 x 6-35 x 13-14-1 KERNER BOULEVARD ASSESSMENT
DISTRICT, SAN RAFAEL CALIFORNIA
(AT THE END OF PELICAN WAY)
6. Approval of Final Map - Peacock RESOLUTION NO. 7505 - RESOLUTION
Ridge (60 Condominium Subdivision) APPROVING FINAL MAP OF SUBDIVISION
(PW) - File 5-1-307 ENTITLED, "PEACOCK RIDGE"
8. Acceptance of Documents Executed
By Newly Appointed Councilmember
Maynard Willms: (CC)
a. Affirmation of Confidentiality
of Closed Sessions - File 9-1-2
b. Statement of Disclosure -
File 9-4-3
9. Request Approval for the Partial
Closure of Civic Center Drive
from 9:00 AM to 5:00 PM on
Sunday, April 12, 1987 for the
Twelfth Annual Bicycle Race by
the Marin Velodrome Association
(PD) - File 11-19
12. Legislation Affecting San
Rafael (CM) - File 9-1
13. Claims for Damages:
b. Jeffrey Robbins (PD) -
File 3-1-1195
c. Tubguy dba Realax in Fairfax
& Realax at Home (PD) -
File 3-1-1196
d. Ellen Wright (PW) -
File 3-1-1198
e. Adela M. Mangabot (PW) -
File 3-1-1199
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Accepted reports.
Approved staff recommendation.
Approved staff recommendation:
OPPOSED AB 808 (Floyd) Discipline
of Public Safety Officers:
Standards of Proof.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims with
exception of 13.a to be discussed
after Consent Calendar.
Frugoli, Nave, Willms & Mayor Mulryan
3. APPROVAL OF MINUTES OF SPECIAL JOINT MEETING WITH SAN RAFAEL BOARD
OF EDUCATION OF JANUARY 27, 1987 AND SPECIAL AND REGULAR MEETINGS
OF MARCH 2, 1987 (CC) - File 1-4
Councilmember Frugoli asked that the Minutes of the Regular Council
Meeting of March 2, 1987, Item #17, be amended to include his opposi-
tion to the closing of the Golden Gate Bridge for the celebration
of the bridge's 50th party in May.
SRCC MINUTES (Regular) 3/16/87 Page 2
SRCC MINUTES (Regular) 3/16/87 Page 3
Councilmember Frugoli moved and Councilmember Breiner seconded, to
approve the Minutes of the Special Joint Meeting with the San Rafael
Board of Education of January 27, 1987 and Special Meeting of March
2, 1987 as submitted, and approve the Minutes of the Regular Council
Meeting of March 2, 1987, as amended.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. AUTHORIZATION TO ENGAGE BARNARD JOHNSON, INC. FOR TRAFFIC SIGNAL DESIGN
SERVICES (PW) - File 4-3-179 x 11-10 x 9-3-40
Councilmember Breiner stated that she had no problem with the recom-
mendation made by staff, but requested staff to study the Mitchell
and Redwood Highway intersection and if found to be warranted, to
add it to the study for Traffic Signal Design. Mrs. Breiner also
directed staff to look at the Level of Service at Grand Street Bridge
at Second Street.
Councilmember Breiner moved and Councilmember Nave seconded, to approve
the staff recommendation, authorizing staff to accept the proposal
submitted by Barnard C. Johnson, Inc. for Traffic Signal Design Services.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. APPROVAL OF AGREEMENT FOR SHEEP GRAZING (PW) - File 4-10-212
Councilmember Breiner was concerned with the number of sheep grazing
the open space affecting the wildflowers and asked if Mrs. Jean Stark -
weather could be included in the monitoring of the grazing area.
After discussion, Councilmember Nave moved and Councilmember Frugoli
seconded, to adopt a Resolution Authorizing Signing of Agreement with
John Bidauretta and Leon Urrutia for the grazing of sheep in Terra
Open Space Lands, and that Councilmember Willms work with Mrs. Jean
Starkweather on monitoring the sheep grazing.
RESOLUTION NO. 7506 - RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH JOHN BIDAURETTA AND LEON URRUTIA
FOR THE GRAZING OF SHEEP IN TERRA LINDA OPEN
SPACE LANDS (for one year, from March 16, 1987
thru March 15, 1988)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. RESOLUTION GRANTING CITY MANAGER AUTHORITY TO SETTLE SEWER LIABILITY
CLAIMS UP TO $5,000 (CM) - File 9-6-1 x 9-1-2
Councilmember Breiner asked City Manager Nicolai to keep Council apprised
of actions taken.
City Manager Nicolai responded she would have a report included on
the Consent Calendar after any acton has been taken.
RESOLUTION NO. 7507 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL GRANTING THE CITY MANAGER AUTHORITY
TO SETTLE SEWER LIABILITY CLAIMS UP TO $5,000.00
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 3/16/87 Page 3
SRCC MINUTES (Regular) 3/16/87 Page 4
11. RESOLUTION DECLARING WEEK OF MAY 11 - 17, 1987 AS "AFFORDABLE HOUSING
WEEK" (CM) - File 13-16
Mr. Gregory Brockbank, Chair for "Affordable Housing Week", invited
the Council to attend the various seminars and tours on Saturday,
May 16, 1987.
RESOLUTION NO. 7508 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DECLARING MAY 11 THROUGH 17, 1987
TO BE "AFFORDABLE HOUSING WEEK"
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13.a. CLAIM FOR DAMAGES: JILL LOUISE COLLINS (PD) - File 3-1-1190
Mayor Mulryan called upon Mr. Paul Miller, who was to speak on behalf
of Jill Louise Collins. No one came forward to speak.
Councilmember Willms moved and Councilmember Frugoli seconded, to
approve Insurance Consulting Associates, Inc. recommendation to
deny the claim.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - ED86-101; APPEAL OF PLANNING COMMISSION'S DECISION
OF JANUARY 13, 1987, TO UPHOLD ZONING ADMINISTRATOR'S DENIAL OF FREEZER
UNIT ADDITION; 615 FOURTH STREET; GELATO INC., OWNER; CHRIS
KYRIACOPOULOS, REP. & APPELLANT; AP 14-122-13 (Pl) - File 10-7 x 115
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan announced that staff was again requesting continuation
to the meeting of April 6, 1987.
Hearing no opposition, Mayor Mulryan continued the public hearing
to April 6, 1987.
15. PUBLIC HEARING - CONSIDERATION OF PROPOSAL TO INCREASE TAXI RATES
WITHIN THE CITY OF SAN RAFAEL (Fin) - File 9-10-2 x 9-9
Mayor Mulryan declared the public hearing opened.
Finance Director Coleman stated the Yellow Cab and Radio Cab Companies
have requested a rate increase and that the last increase was granted
in 1982. He noted that in surveying other cities in the Bay Area and
reviewing financial statements submitted by various taxicab companies,
the requested rate was found to be the highest.
Staff recommended a rate increase of $1.60 for meter drop and $1.60
per mile. He added that Radio Cab is in agreement with the recommenda-
tion, but that Yellow Cab is requesting that a $1.90 meter drop and
$1.60 per mile increase be granted.
Mr. Coleman noted that the proposed Resolution provides that all future
rates may be approved by the Finance Director based on the change
in the Bay Area All Urban Consumer Price Index (CPI). Any increase
in excess of the CIP will continue to need Council approval.
Mayor Mulryan called upon anyone wishing to speak on this item.
Mr. Dick Murdock, driver with the Yellow Cab Company for six years
stated that he was not in favor of the $1.60 increase and asked that
Council grant approval of the higher proposal dated November 16, 1986
with an addendum of automatic adjustments as described within it.
Mr. Tad Alvord, General Partner of Radio Cab Company stated that the
he was in agreement with the recommendation made by Finance Director
Coleman.
SRCC MINUTES (Regular) 3/16/87 Page 4
SRCC MINUTES (Regular) 3/16/87 Page 5
Mr. Grey Homan, President of San Rafael Taxicabs (Yellow Cab Co.),
stated that the higher rate increase they are asking for is needed.
There being no other speakers, Mayor Mulryan closed the public hearing.
After further discussion, Councilmember Frugoli moved and Councilmember
Nave seconded, to adopt a Resolution Establishing Rates for San Rafael
Taxicabs, Inc. and Radio Cab Company as recommended by the staff.
RESOLUTION NO. 7509 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ESTABLISHING RATES FOR SAN RAFAEL
TAXICABS, INC. AND RADIO CAB COMPANY (Effective
MARCH 17, 1987) (Council to be advised by staff
of the Consumer Price Index on a yearly basis)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. DISCUSSION OF REQUEST TO REMOVE WATER HYACINTHS FROM CITY -OWNED POND
ADJACENT TO SMITH RANCH ROAD (PW) - File 9-3-40 x 13-12
Public Works Director Bernardi stated that over the last few years
a problem has developed with the fresh water pond which is adjacent
to the Smith Ranch Road, noting that the pond was acquired through
the sub -division of the land known as Smith Ranch North.
Last year, staff met with Ms. Barbara Salzman of the Marin Audubon
Society to work on a plan for the Marin Conservation Corps to remove
some of the water hyacinths; however, although it helped somewhat
it was not resolved and the City is being requested to completely
eradicate the plants. Mr. Bernardi explained that the plant grows
rapidly, ultimately eliminating the fish life and affecting the wildlife
around the pond. Staff met with Ms. Salzman, Mrs. Jean Starkweather,
State Fish and Game representatives, Marin Conservation Corps and
the Mosquito Abatement District to look at alternatives to deal with
the problem. He indicated that the Marin Audubon Society wants the
problem taken care of quickly because of the threat to the pond itself.
Several ways were considered in preparing an eradication plan, as
follows:
1. Drain the pond and remove the plants and soil.
2. Use chemicals.
3. Adopt a management plan similar to our integrated pest management
program currently in use for the Elm Leaf Beetle.
4. Mechanically remove the plants and monitor on a yearly basis.
Mr. Bernardi stated that alternative number four is the viable choice
and estimated that it would cost $12,300. Contributions in the amount
of $2,100 would come from the Marin Audubon Society leaving a balance
of approximately $10,000 to be funded by the City. Additionally,
annual maintenance would be required for about two years and that
amount would be approximately $3,000 per year.
In response to an inquiry by Councilmember Breiner whether monies
could be donated by the Mosquito Abatement District, Mr. Charles Dill,
Manager of the Marin/Sonoma Mosquito Abatement District responded
that the responsibility to clean the pond is the City's and not theirs.
However, he noted they are willing to contribute staff and a truck
to help get the plants out, adding that this is the most desirable
time of year to have the plants removed.
Ms. Salzman mentioned that several letters had been written about
having the water hyacinths eliminated and read in part a letter from
the Department of Fish and Game stating they had inspected the pond
and that the water hyacinths would be detrimental to the fish and
wildlife resources. She added that six people have been working on
the pond, contributing about 1,000 hours in trying to remove the water
hyacinths, and urged Council to immediately take action to remove
the plants.
SRCC MINUTES (Regular) 3/16/87 Page 5
SRCC MINUTES (Regular) 3/16/87 Page 6
Mr. Alex McMillan, representing the Marin County Wildlife and Fisheries
Advisory Committee, stated they would contribute $700 towards the
pond at Smith Ranch Road for the elimination of the water hyacinths.
Mrs. Jean Starkweather stated this pond is one of the very few fresh
water ponds in the County of Marin and should be preserved.
After further discussion, Councilmember Breiner moved and Councilmember
Willms seconded, that staff have the water hyacinths mechanically
removed with the aid of the Marin/Sonoma Mosquito Abatement District;
the approximate cost to the City would be $8,400 and is to be partially
offset by $2,100 from Marin Audubon Society and $700 from Marin Wildlife
and Fisheries Advisory Committee.
AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
Councilmember Frugoli indicated he was opposed to this solution as
he believes this will be an ongoing problem with funds for maintenance
required every year and felt the pond should be drained instead in
order to clean it.
Mr. John Bodel with the Marin Audubon Society stated that they are
trying to preserve a natural habitat and have pledged their support
to keep the water hyacinths out of the pond once the City has eliminated
the plants.
Councilmember Nave wanted it known that he was voting for the removal
of the plants with the understanding that the Marin Audubon Society
and the Mosquito Abatement District would maintain the pond because
he was against having the City pay out $3,000 each year to keep the
plants out of the pond should they return.
ADD ITEM
Councilmember Breiner requested that discussion be held on the 4 foot
encroachment of the Davood Building staircase into Irwin Street, as
she had just learned of the problem and believed it to be a matter
for discussion by the Council at this time.
Upon the advice of City Attorney Ragghianti, who indicated he believed
this fell within the Brown Act open meeting agenda exceptions due
to the fact the matter arose after the agenda was posted and could
be discussed based on an affirmative vote of two-thirds of the Council,
the following motion was made:
Councilmember Frugoli moved and Councilmember Willms seconded, to
allow for discussion regarding a four foot encroachment of the Davood
Building staircase onto the Irwin Street sidewalk.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FOUR FOOT ENCROACHMENT OF DAVOOD BUILDING STAIRCASE INTO IRWIN
STREET SIDEWALK - File 10-2 x 9-1
Councilmember Breiner voiced her concern about the four foot encroachment
of the Davood Building staircase into the Irwin Street sidewalk, having
read about it in the Design Review Board Minutes of March 4, 1987,
and asked Planning Director Moore whether there was any problem with
setback on the rest of the property.
Planning Director Moore indicated there were no other setback problems
besides the staircase, noting that evidently, all of the other Planning
and Public Works conditions of approval have been met.
SRCC MINUTES (Regular) 3/16/87 Page 6
SRCC MINUTES (Regular) 3/16/87 Page 7
She stated this came about because the finished grade elevation of
the pad was higher than originally anticipated, but the issue of
encroachment and setback was very important for two reasons: The setback
was a major design issue at the time the project was being reviewed
and the sidewalk which the stairway encroaches into was required as
part of the settlement agreement with State Lands Commission to clear
the State Lands claim on the property, because that is the way for
the public to get to the rear of that property and all of the other
properties and to access the Canal.
In response to a question from Mayor Mulryan whether this issue will
be coming to the City Council, Planning Director Moore indicated that
the problem of the encroachment would be going back to the Design
Review Board for modification of design and then on to the Planning
Commission for approval, noting that the developer was being very
cooperative about correcting the problem.
Councilmember Breiner asked that staff look into ways of making sure
something like this does not happen on future projects.
There being no further business, the meeting was adjourned back to closed
session.
JEANNE . LEONCINI,•Cit Clerk
APPROVED THIS DAY OF 1987
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINTUES (Regular) 3/16/87 Page 7