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HomeMy WebLinkAboutCC Minutes 1994-10-03SRCC MINUTES (Regular) 10/3/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 3, 1994, AT 7:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: Barbara Heller, Councilmember Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk 1. CLOSED SESSION - CONFERENCE ROOM 201 Conference with Labor Negotiator - item not discussed. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 3, 1994, AT 8:00 PM OPEN SESSION ORAL COMMUNICATIONS OF AN URGENCY NATURE None CONSENT CALENDAR Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Meetings of Approved as submitted. September 7, and 15, 1994 (CC) 6. Approve Facility Use and Management Agreement Item pulled from agenda and for the Bocce Ball Complex at Albert Park continued to meeting of 10/17/94 with the Marin Bocce Federation (Rec) - at request of staff. File 4-3-275 x 12-5 x 9-3-65 x 9-3-66 7. Resolution Approving Agreement with County RESOLUTION NO. 9231 - AUTHORIZING of Marin for $1,000 Contribution to Albert THE SIGNING OF AN AGREEMENT WITH THE Park (Rec) - File 4-13-91 x 9-3-66 x 12-5 COUNTY OF MARIN FOR $1,000 CONTRIBU- TION TO ALBERT PARK RENOVATION PROJECT AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller The following items were removed from the Consent Calendar for discussion: 3.LUCAS VALLEY INTERCHANGE IMPROVEMENTS: (PW) - File 4-8-20 x 9-3-40 a. COST OVERRUNS ASSOCIATED WITH DEVELOPING THE GEOMETRIC APPROVAL DRAWINGS (GAD) b. RESOLUTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE STATE OF CALIFORNIA FOR RIGHT-OF-WAY ACQUISITION WORK C. RESOLUTION AUTHORIZING MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA Councilmember Thayer noted that due to the many personnel changes in the CalTrans Engineering, the project has gone over budget because of their requirement to change the design. She asked if there was a way of getting CalTrans to sign off on the project. Public Works Director Bernardi stated we have been trying to accomplish this, but part of the problem is that some of the lower echelon staff cannot make a decision, so it is referred to the upper level folks who never seem to give an answer. He noted the District Director has now set up a process where the City's consultant, along with CalTrans will sign off and agree on the issues before the consultant goes in with the design work. In this instance, each of the three oversight engineers required the consultant to do three or four separate designs, and we want to avoid that. Mr. SRCC MINUTES (Regular) 10/3/94 Page 1 SRCC MINUTES (Regular) 10/3/94 Page 2 Bernardi stated that time will tell if this will work, but hopes are high since the District Director has agreed to this process. Ms. Thayer asked if we have been overcharged by CH2M Hill on the GAD which is $110,000 over budget, notwithstanding the delays due to CalTrans. Mr. Bernardi stated their billing has been scrutinized very closely, and all the time can be accounted for because one of our staff people was present all the times the consultant was meeting with CalTrans. Mr. Bernardi noted that two years ago the Council authorized a proposal from CH2M Hill for approximately $290,000 for the complete design of this off ramp. They listed this particular item of work at about $10,000, along with other prices for other work. They are still within their contract amount originally authorized, and they intend to cut the cost of other items of work. Mr. Bernardi stated this item will be brought back to the Council once we have an idea what the bottom line is finally going to be. Until we get an idea of what CalTrans is going to do to us and how they are going to live up to their part of the bargain as far as having sign -offs at various critical points through the final design, we cannot estimate how much it will be over budget. Mr. Bernardi stated with regard to the actual cost, we are instituting some deletions to the contract like the drive -way acquisition. The consultant costs were about $60,000 to do the same work that CalTrans will do for $15,000. He noted we will continue to look for other ways we can reduce the amount of the contract. Ms. Thayer suggested we let our legislators know about what has happened with CalTrans because this is the type of thing that costs governments money. She also asked if we will use CalTrans rather than a consultant for future projects to save money. Mr. Bernardi stated he agreed and that we will look for the lowest cost alternative. Councilmember Zappetini referred to page 4 of the Consultant's Report and stated the original proposal was $250,000 and went to $510,000, and then there was another $60,000 over the budget. Mr. Bernardi answered that we have not authorized $510,000 and will not authorize it until we get a better idea what the result will be from these meetings with CalTrans. Mr. Zappetini asked what have we gotten for $250,000? Mr. Bernardi stated we have spent about $110,000 right now because CalTrans could not decide which was the best GAD alternative. Mr. Zappetini asked if we already have funding for this project when it is ready for bid. Mr. Bernardi replied that it will be paid for by developer fees and traffic mitigation fees. The funds we are currently spending are from traffic mitigation as well. Mayor Boro stated he understands that much of this overspending will be made up elsewhere in the contract, but he felt we should have a better arrangement with our consultant, and this should be coming back to the Council right at the start before we continue to spend money. Councilmember Thayer moved and Councilmember Zappetini seconded, to approve the staff recommendation that no action be taken on the GAD budget overrun at this time and to have the Engineering Division develop cost saving measures to reduce this deficit. A final contract expenditure report will be written at the end of the final design stage and brought back to Council for consideration. AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller Councilmember Thayer moved and Councilmember Cohen seconded, to adopt a Resolution accepting a proposal from the State of California for right-of-way engineering services for the Lucas Valley Interchange Improvement Project in the amount of $15,000. RESOLUTION NO. 9232 - ACCEPTING PROPOSAL FROM THE STATE OF CALIFORNIA FOR RIGHT-OF- WAY ENGINEERING SERVICES FOR THE LUCAS VALLEY INTERCHANGE IMPROVEMENT PROJECT IN THE AMOUNT OF $15,000 AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller Councilmember Thayer moved and Councilmember Cohen seconded, to adopt a Resolution authorizing the Mayor to execute a cooperative agreement with the State of California for the Lucas Valley Interchange Improvement Project. RESOLUTION NO. 9233 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CO-OPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE LUCAS VALLEY INTERCHANGE IMPROVEMENT PROJECT SRCC MINUTES (Regular) 10/3/94 Page 2 SRCC MINUTES (Regular) 10/3/94 Page 3 AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 4.RESOLUTION APPROVING CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES (DMG) TO PROCESS STATE MANDATED COST REIMBURSEMENT APPLICATIONS (FIN) - File 4-10-270 Councilmember Zappetini asked if we originally requested $4 or $5 million in cost reimbursement and only got $77,886 last year, or how close was the ratio. City Manager Nicolai stated it is not that dramatic, there is not a lot of money over what we are getting. David M. Griffith & Associates helps us to keep up with the costs. Councilmember Zappetini moved and Councilmember Thayer seconded, to adopt a Resolution approving the agreement with DMG from 7/1/94 through 6/30/95. RESOLUTION NO. 9234 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DMG (DAVID M. GRIFFITH & ASSOCIATES) FOR PROCESSING CLAIMS FOR STATE MANDATED COSTS (from 7/1/94 through 6/30/95). AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller S.APPROVAL OF STREET CLOSURE FOR SECOND ANNUAL ITALIAN STREET PAINTING FESTIVAL ON JUNE 4, 1995 AND JUNE 9-11, 1995 (RA) - File 11-19 x (R-181) Mayor Boro asked Assistant Executive Director Redevelopment Agency Jake Ours to check with the event sponsors to see if there is an interest in keeping 'A' Street closed all day on the following Monday for those people who missed it on the weekend, and also to check what the downtown impact would be. Mr. Ours stated there was a meeting last week with the sponsors, and they are already investigating the feasibility of this. Councilmember Cohen asked that the Marin Independent Journal give the event better coverage. Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the street closure for the Second Annual Italian Street Painting Festival on June 4, 1995 and June 9-11, 1995. AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller PUBLIC HEARING 8.PUBLIC HEARING - Z88-(b)/UP88-9(b) - AMENDMENT OF USE PERMIT/ZONING CONDITIONS TO DELETE CONDITIONS REQUIRING ADDITIONAL OFF-SITE PARKING ARRANGEMENTS BETWEEN EMBASSY SUITES HOTEL AND THE ADJACENT CIVIC CENTER NORTH OFFICE AT 100 MCINNIS PARKWAY, SAN RAFAEL; AP #180-410-07; EMBASSY SUITES HOTEL, DENNIS HALE, GENERAL MANAGER, OWNER; CECILIA B. BRIDGES, REP. (P1) - File 10-3 x 10-5 Mayor Boro opened the Public Hearing. Councilmember Cohen moved and Councilmember Thayer, seconded to continue this item to the Meeting of October 17, 1994 at the request of appellant's attorney. AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 9.PUBLIC HEARING - UP94-40 - APPEAL OF PLANNING COMMISSION'S DECISION UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL OF A USE PERMIT FOR A TEMPORARY MODULAR BUILDING FOR A CHILD CARE CENTER; 121 KNIGHT DR., AP #185-082-02; EPISCOPAL CHURCH OF THE REDEEMER, OWNER; WILLIAM E. CULLEN, REP; WILLIAM A. TERCERO, APPELLANT (Pl) - File 10-5 x 10-2 Planning Director Pendoley stated the Zoning Administrator has approved a Use Permit that would allow a child care center to operate in two temporary modular buildings at the Church of the Redeemer property. The temporary permit is to allow the church to build a new and permanent facility for its child care operation. Using overheads, Mr. Pendoley gave an overview of the project. He explained that the church applied for a lot subdivision in February, 1994, that would allow them to sell McNear Mansion, which had been where the day care center had operated since 1976. It was originally approved for 44 students and 10 staff. SRCC MINUTES (Regular) 10/3/94 Page 3 SRCC MINUTES (Regular) 10/3/94 Page 4 The Use Permit for the temporary facility was appealed on two grounds. The original ground for the appeal at the Planning Commission was: 1) a legal argument that the underlying Use Permit essentially expired by virtue of the subdivision; and 2) the placement of the temporary facility was not appropriate. The first ground of appeal was reviewed by the City Attorney who advised the Planning Commission that the underlying Use Permit did not expire by virtue of the subdivision. Some of the issues the Planning Commission considered regarding the second point were that the number of children was going to remain the same, the parking and driveway would remain in the same location and the proposed temporary facilities were a considerable distance from the nearest home - 60 feet from the McNear house and 75 feet from the closest house on Rollingwood. The proposal for the temporary location was also reviewed by the Traffic Engineer who found it was appropriate. The second point, the location, appears to have been dropped, which leaves only the legal argument. The recommendation from staff and the City Attorney's office is to sustain the Planning Commission's decision to uphold the Zoning Administrator's decision. Councilmember Zappetini asked if the number of students will continue to be 44. Mr. Pendoley answered that was correct at the temporary facility, but at the new site it will be expanded to 55 students. Mayor Boro called for the appellant, William A. Tercero, to address the Council. Neither Mr. Tercero, nor a representative was present at the meeting. City Clerk Leoncini reported that Mr. Tercero had been notified of the meeting. David Hellman, attorney for Church of the Redeemer, offered to answer any questions the Council may have. There were none. Mayor Boro closed the Public Hearing. Councilmember Cohen asked for a restatement of the nature of the appeal. Mr. Pendoley stated it is a legal question - is the underlying Use Permit, which goes back to 1976, still valid after the subdivision? The argument was that the original Use Permit was for a day care center at the McNear Mansion. Since that property has been split off from the church property, the Use Permit is no longer valid since the property is no longer under the church's control. The City Attorney has advised that the Use Permit goes with the land, and the basic proposal is the Use Permit is for day care in the temporary facilities. Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt a Resolution denying the appeal. RESOLUTION NO. 9235 - DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL OF A USE PERMIT FOR TEMPORARY MODULAR BUILDINGS FOR A CHILD CARE CENTER (UP94- 40); 121 Knight Drive, AP No. 185-082-02; Episcopal Church of the Redeemer, Owner; William E. Cullen, Representative; William A. Tercero, Appellant. AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 10.PUBLIC HEARING-UP76-7(b)/ED94-51 - APPEAL OF PLANNING COMMISSION'S DECISION ADOPTING THE NEGATIVE DECLARATION AND APPROVING DESIGN REVIEW AND USE PERMIT AMENDMENT FOR A CHILD CARE CENTER; 121 KNIGHT DR., AP #185-082-02; EPISCOPAL CHURCH OF THE REDEEMER, OWNER; WILLIAM E. CULLEN, REP.; WILLIAM A. TERCERO, APPELLANT (P1) - File 10-5 x 10-7 x 10-2 Planning Director Pendoley reported that the driving access and parking are already in place, and the proposed new facility is at the very back of the property in the Southeast corner. He showed a sketch of the floor plan which is sized to hold 55 children. The architectural design was considered by the Design Review Board and recommended for approval for action by the Planning Commission. The Planning Commission approved an amendment to the underlying use of the original Use Permit, as well as the Design Review Permit for the facility. In addition to allowing a change to the location on the property, the amended Use Permit will offer a modest expansion up to 55 children from the original 44. However, not all 55 children will be on the property at any one time. Mr. Pendoley indicated that four points were raised in the appeal: 1) The Negative Declaration, Design Review Permit and Use Permit should be denied based on the facility size and their impact. SRCC MINUTES (Regular) 10/3/94 Page 4 Page 5 SRCC MINUTES (Regular) 10/3/94 Staff recommends that the expansion of 11 children will have a negligible impact since they will not all be on the site at the same time. The most obvious potential impact would be from traffic, and the Traffic Engineer has reviewed this and indicated the impact would me virtually negligible, not measurable. 2) The site should be master planned. Staff points out that the site is less than two acres, and the standard for requiring a master plan is 5 acres. In the original submittal, the Church did show the location of a possible Parish Hall. That was deleted from the plans after discussion with the Planning Commission. The Church also agreed to the condition that no further expansion on the property will be considered for the next five years. 3) The additional parking spaces would have a negative impact. Staff advises that is not up for appeal. Additional parking was added as a condition of the lot split in February, 1994, and the appeal period has passed. 4) The appellant does not agree with the placement of a new facility. Staff, the Planning Commission and the Design Review Board have considered this and believe there is good reason for the placement. By placing it at the back of the property, it is least visible. It has the advantage of having the children the farthest distance possible from Knight Drive. The Traffic Engineer approves of the placement from a safety standpoint, particularly the location of the drop- off area. Councilmember Thayer asked if there are any plans in the future to expand the number of children, noting the new facility will be a little smaller than the original building. Mr. Pendoley stated the Church has not discussed any expansion plans. Mayor Boro opened the Public Hearing. Mayor Boro called for the appellant, William A. Tercero, to address the Council. Neither Mr. Tercero, nor a representative was present at the meeting. David Hellman, attorney for Church of the Redeemer, responded to Councilmember Thayer's question by noting that the size of the present building is the minimum State standard for 55 children. Therefore, if there were to be additional children, the facility would have to be larger. Councilmember Zappetini asked if there is a criteria for where the children come from. Mr. Hellman referred to a diagram showing a 2 mile radius around the location showing the children primarily come from Glenwood and Peacock Gap, noting that children in the area do have a priority. Mr. Hellman asked the members of the audience representing the parents, parishioners, Church, and the staff of the child care center to stand. The majority of the audience was comprised of these people. Mayor Boro declared the Public Hearing closed. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution denying the appeal. RESOLUTION NO. 9236 - DENYING THE APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF A NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A USE PERMIT AMENDMENT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A CHILD CARE CENTER; 121 KNIGHT DRIVE APN 185-082-02. AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller NEW BUSINESS CITY COUNCIL REPORTS Thayer, Zappetini & Mayor Boro ll.a. REPORT ON CROSSWALK MARKINGS ON CIVIC CENTER DRIVE (PW) - File 9-2-8 x 11-11 This item was brought to the Council at the request of Councilmember Thayer. Ms. Thayer explained that Ralph Merola had previously requested an all -way stop and pedestrian warning sign on Civic Center Drive. That request was denied since a study indicated SRCC MINUTES (Regular) 10/3/94 Page 5 SRCC MINUTES (Regular) 10/3/94 Page 6 it was not justified. However, other Civic Center employees have also informed Ms. Thayer that crossing over from the jury parking lot to the Civic Center is dangerous. The Traffic Coordinating Committee considered the request during the summer, and, as a result, pedestrian warning signs were installed. Ms. Thayer stated the crossing area is still not satisfactory. City Manager Nicolai stated that Mr. Merola still wants a four-way stop. However, based on the study, it is not warranted. She noted the Police Department has increased its enforcement in this area. Public Works Director Bernardi stated if there are too many pedestrian warning signs in one area, it tends to confuse the driver. He stated that because the jurors cross between the two intersections at Judge Haley Drive and Vera Shultz Drive, it would be difficult to change the behavior of the jurors since they are there for only the limited period of time they are on jury duty, then they are gone. The area between the two crosswalks is now designated as a pedestrian zone. Mr. Bernardi reported that the Police Department's observation of the traffic is that drivers are generally observing the 25 mph speed limit, and no citations have been issued for the violation of pedestrian right-of-way. Mr. Bernardi stated that staff feels the present signage is adequate. Councilmember Zappetini asked if there have been any accidents in that area, to which Mr. Bernardi answered there have not. Councilmember Cohen stated that since this is a County facility, and all of those complaining are County employees or jurors called there for County business, perhaps the County should play a role. Other suggestions included the County hiring a cross ing guard during the time the jurors are present, asking Civic Center employees where the sign should go or perhaps a flashing yellow "Caution Pedestrians" sign. Mayor Boro told Mr. Bernardi of a news article he heard on the radio indicating Oakland is planning to install speed bumps on public streets to control the speed of traffic. He asked Mr. Bernardi to look into this since he was of the opinion it was illegal. Councilmember Zappetini moved and Councilmember Thayer seconded, to accept the report, and if Mr. Merola has any further suggestions for a solution, he may contact Mr. Bernardi, at which time it could be brought back to Council for further consider- ation. AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller b. REQUEST FOR REPORT ON POLICE RADIO SYSTEM - (VERBAL) - File 4-1-467 x 9-3-30 Councilmember Zappetini asked for the current status of the police radio system. City Manager Nicolai stated there is a meeting scheduled with the Police Association to obtain a response from them as to whether or not it is working satisfactorily. She indicated this item will be on the agenda in the near future. There being no further business, the meeting was adjourned at 8:50 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL , 1994 SRCC MINUTES (Regular) 10/3/94 Page 6