HomeMy WebLinkAboutCC Minutes 1994-05-02SRCC MINUTES (Regular) 5/2/94
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2IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 2, 1994, AT
7:00 PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Joan Thayer, Councilmember
David J. Zappetini, Councilmember
Absent: None
Others Present: Suzanne Golt, Assistant City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
Mayor Boro announced in Open Session that the City Council would be going
into Closed Session to discuss the following Closed Session items:
a. Conference with Legal Counsel - Existing Litigation (Government
Code Section 54956.9(a))
■ Case name: Copple, et al_ v_ City of San Rafael, et al_ Marin
County Superior
Court Case No. 148065.
■ Case name: Titus, Goldman v_ City of San Rafael, et al. Marin
County Superior
Court Case No. 159748.
■ Case name: Shekou, et al_ v_ City of San Rafael, at al. Marin
County Superior
Court Case No. 147042.
■ Case name: DeAnza Assets, Inc. et al_ v_ City of San Rafael, et
al. Court of
Appeal of the State of California, First Appellate District,
Division Four,
Case No. A063017. Appeal from the Judgment of the Marin County
Superior Court
Case No. 156790.
b. Conference with Legal Counsel - Anticipated Litigation
Initiation of litigation pursuant to Government Code Section
54956.9 (c) :
■ Western States Petroleum Association v. Los Angeles County
Superior Court,
California Supreme Court Case No. 5038067. (Request for City of
San Rafael
participation as Amicus party).
■ Sahelko v. City of Phoenix, Ninth Circuit Federal Court of
Appeal Case No.
94-15495. (Request for City of San Rafael participation as
Amicus party.)
c. Conference with Labor Negotiator, Austris Rungis
Employee Organizations:
■ San Rafael Police Association
■ San Rafael Firefighter's Association
■ M.A.P.E.
■ Police Mid -Management Association
The City Council then met in Closed Session in Conference Room 201 to
discuss the above- mentioned items.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 18, 1994,
SRCC MINUTES (Regular) 5/2/94
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SRCC MINUTES (Regular) 5/2/94
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AT 8:00 PM -
OPEN SESSION
RF- CLOSED SESSION ITEMS
1a.City Attorney Ragghianti announced that no reportable action was taken
concerning the four lawsuits mentioned above.
1b.Western States Petroleum Association v. Los Angeles County Superior
Court
City Attorney Ragghianti announced that City Council had voted unanimously
to participate as Amicus party.
Sabelko v. City of Phoenix
City Attorney Ragghianti announced that City Council voted 4-1 to
participate as Amicus party. (Councilmember Thayer dissenting)
1c.City Attorney Ragghianti announced that no reportable action was taken.
None.
Councilmember Heller moved and Councilmember Thayer seconded, to approve
the recommended action on the following Consent Calendar items:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Approved as submitted.
April 18, 1994 (CC)
3. Authorization to Call for Applications to Approved staff
recommendation:
Fill Three Positions on the Park and Recre- a) Called for
applications with
ation Commission due to Expiration of Terms deadline for receipt
Tues;
of Commissioners Carlene McCart, Ralph Mihan 5/24/94 at Noon in
City Clerk's
and Fred Warneke, end of May, 1994 (CC) - office;
File 9-2-4 b. Set date for interviews at
Special Meeting 6/6/94 at
6:30
p.m. (three 4 -year terms)
5. Resolution Authorizing Installation of ADOPTED RESOLUTION NO.
9137 -
Supplementary Drainage Facilities on "C" AUTHORIZING INSTALLATION OF
SUPPLE -
Street in Conjunction with the Meyer Road MENTARY DRAINAGE
FACILITIES ON "C"
Offsite Subdivision Improvements (PW) - STREET IN CONJUNCTION WITH THE
MEYER
File 5-1-318 x 12-9 ROAD OFFSITE SUBDIVISION
IMPROVE-MENTS (low bid of
Ghilotti Bros. in amount of
$18,421, increased to $20,000
to cover cost of survey
staking and other contingency
costs - from Miscellaneous
Right -of -Way Gas Tax Fund)
6. Resolution of Appreciation for Nell Otterberg, ADOPTED RESOLUTION NO.
9138 - RESO- Reference
Librarian (Lib) - File 102 x
9-3-61 LUTION OF
APPRECIATION TO NELL
OTTERBERG, REFERENCE LIBRARIAN
FOR THE SAN RAFAEL PUBLIC
LIBRARY
7. Resolution Authorizing Staff to Apply for ADOPTED RESOLUTION NO.
9139 - AUTH- Various Grants
SRCC MINUTES (Regular) 5/2/94
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SRCC MINUTES (Regular) 5/2/94
to Support Ongoing Educational
ORIZING STAFF TO APPLY
TO THE Programs and Capital
Campaign of Falkirk FOLLOWING
FOUNDATIONS, CORPORATIONS
Cultural Center (Lib) -
File 202 x 9-3-84 AND
GOVERNMENT AGENCIES TO SUPPORT
THE ONGOING EDUCATIONAL
PROGRAMS AND CAPITAL CAMPAIGN
OF FALKIRK CULTURAL CENTER:
INSTITUTE OF MUSEUM SER -VICES,
MARIN COMMUNITY FOUNDATION,
CALIFORNIA COUNCIL FOR THE
HUMANI-TIES, KRESGE
FOUNDATION, LANNON FOUNDATION,
LEF FOUNDATION, LUCAS ARTS
ENTERTAINMENT, MARIN ARTS
COUNCIL, BANK OF MARIN,
WESTAMERICA BANK, COWELL
FOUNDATION AND THE NATIONAL
TRUST FOR HISTORIC
PRESERVATION
8. Authorization to Apply for Civic
Literacy ADOPTED RESOLUTION NO.
9140 - AUTH- Grant of
$45,000 (Lib) - File 202 x 9-
3-61 ORIZING STAFF TO APPLY
FOR A GRANT PROMOTING CIVIC
LITERACY AND COMMUNITY
INVOLVEMENT AMONG THE
RESIDENTS OF THE CANAL
NEIGHBORHOOD
AYES:
COUNCILMEMBERS:
Cohen,
Heller, Thayer, Zappetini &
Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS: None
ABSTAINED:
COUNCILMEMBERS:
Cohen
(from Minutes of April 18, 1994
only,
due to
absence from Meeting)
The following items were removed from the Consent Calendar for discussion:
4.SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1662 - AN ORDINANCE
AMENDING TI T.7 ?? OF TUF_ qkN RAFAEL MUNICIPAL CODE TO AMEND CHAPTER
11.04 - SIDEWALKS. DRIVEWAY APPROACHES. CURBS AND GUTTERS (PW) - File
11-1 x 11-7 x 9-3-40
Councilmember Cohen stated for the record that although he was not present
at the Public Hearing for this item, he has reviewed the original
staff report and the minutes of the Hearing and the material presented
this evening. He stated he is familiar with this issue and feels
comfortable voting on it.
The title of the Ordinance was read:
"AN ORDINANCE AMENDING TITLE 11 OF THE SAN RAFAEL MUNICIPAL CODE TO AMEND
CHAPTER 11.04 - SIDEWALKS, DRIVEWAY APPROACHES, CURBS AND GUTTERS."
Councilmember Cohen moved and Councilmember Thayer seconded, to dispense
with the reading in its entirety, to refer to it by title only, and
adopt Charter Ordinance No. 1662 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini &
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9.RESOLUTION APPROVING RENEWAL OF CONTRACT WITH INSURANCE CONSULTING
ASSOCIATES, INC___ FOR T,TABILITY CLAIMS ADMINISTRATION (CM) - File 4-
10-184
Councilmember Zappetini asked how much we paid Insurance Consulting
Associates, Inc. (ICA) last year. Assistant City Manager Suzanne Golt
SRCC MINUTES (Regular) 5/2/94
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SRCC MINUTES (Regular) 5/2/94
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answered that she did not have that information available, but the
fees listed are unchanged from the previous year. Mr. Zappetini cited
the computer fee of $300 a month and questioned whether this is
something we could do in-house. Ms. Golt stated that ICA's background
is specifically in liability insurance. She noted in the City
Manager's Office, where the Risk Management Program falls, there is no
one, either herself or Sharon Andrus, Adminis-trative Assistant, who
is an expert in liability claims administration, nor do they have any
direct involvement at this time. Ms. Golt pointed out that this is a
complex subject, and she would not feel comfortable in being
responsible for the day-to-day administration of claims. She stated
she would also have concerns about Ms. Andrus taking on that role, not
to mention there is no time in either schedule.
Mr. Zappetini asked if this service is put out to bid. Ms. Golt stated
that it could be, noting it has not gone out to bid for many years
because ICA has provided excel -lent service and because they have not
raised their rates for at least four years. She also noted we are a
member of a Joint Powers Authority (JPA) on risk management focusing
on liability, and in that JPA there are several larger groups who are
members. She indicated an outside audit is done every year, and every
year ICA receives "kudos" regarding their work.
Ms. Golt stated it would be easy to provide Council with an accounting of
how much this particular contract costs in terms of legal fees,
average settlement, etc.
Councilmember Zappetini moved and Councilmember Cohen seconded, to carry
this item over to the Council Meeting of 5/16/94, for further
information regarding the yearly costs.
Mayor Boro pointed out that historically we have used consultants rather
than to hire people full time when a special knowledge is required.
Councilmember Cohen stated it is a legitimate request on a fee for service
contract to look at what the amounts have been over the last couple of
years.
AYES: COUNCILMEMBERS:
Mayor Boro
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SPECIAL PRESENTATION
Cohen, Heller, Thayer, Zappetini &
None
None
10.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATES OF COMPLIANCE
TO MARIAN COURT ASSOCIATION; PRnPFRTY OWNER OF 15, 16, 20. AND 21
MARIAN COURT (Pl) - File 10-2 x 9-3-17 x 13-1
Mayor Boro explained that in 1992, the City Council started a 4 -point
program in the Canal area, noting one of the components had to do with
the code enforcement inspec-tion to bring apartment buildings into
compliance with building, zoning and health and safety codes. The
Code Enforcement Officer has inspected the units and as they have come
into compliance, the Council has recognized the property owners
publicly.
Mayor Boro presented the Certificates of Area Inspection Program to Mea
Rush, Manager of four apartment complexes at 15, 16, 20 and 21 Marian
Court. He noted that accord-ing to Code Enforcement Officer Claire
Machado, this is the first set of buildings where they have not had to
go back, as they were in compliance on the day she arrived.
11.PUBLIC HEARING - CONSIDERATION OF GRANTING A CERTIFICATE OF CONVENIENCE
TO THE NEW OWNER OF BELAIRE CAB (FIN) - File 9-9
Mayor Boro declared the Public Hearing opened.
Finance Director Ransom Coleman explained that this is merely a transfer of
ownership of Belaire Cab from Lawrence Harvey to Gregory McCord and
would not change the status quo in any way.
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There being no one to address the Council, Mayor Boro declared the Public
Hearing closed.
Councilmember Thayer moved and Councilmember Cohen seconded, to adopt a
Resolution issuing a certificate of convenience and necessity to Mill
Valley Taxis, Inc. dba Belaire Cab Company.
RESOLUTION NO. 9141 - ISSUING A CERTIFICATE OF CONVENIENCE AND
NECESSITY TO MILL VALLEY TAXIS, INC. dba BELAIRE
CAB COMPANY (Re: Transfer of Ownership from
Lawrence Harvey to Gregory McCord)
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12.PUBLIC HEARING - AMENDMENT TO FINAL SUBDIVISION MAP TO MODIFY THE
BUILDING ENVELOPE AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO
ALLOW A POOL AND PLAY AREA IN THE REAR YARD: (594-3 ED94-19) 213
LINDEN LANE; AP NO. 15-041-41; D.D.S. PROPERTY/DOMINIC & SUSAN
POMILIA, OWNERS; PEDER JENS PEDERSEN, REP. (PI) - File 5-1-319 x 10-7
Mayor Boro declared the public hearing opened.
Planning Director Robert Pendoley stated that three years ago the Council
approved a 4 -unit subdivision on Linden Lane and Newhall Drive, noting
building envelopes were established on each lot in order to minimize
the impact of grading and removal of vegetation. The lot before the
Council tonight has been proposed as a one-story building, and as such
uses up the full building envelope. It was anticipated in the
original approval to expand the building envelope to allow for the
construction of a swimming pool and play area. The Planning staff
recommends approval of this amend-ment, and it has also been
recommended for approval by the Design Review Board and the Planning
Commission.
Councilmember Zappetini asked if any neighbors have complained since
receiving a letter regarding this matter. Mr. Pendoley stated there
was testimony at the Planning Commission from one or two neighbors;
however, immediately adjacent neighbors stated they had no problem.
Councilmember Cohen asked if two-story houses had been anticipated on all
four lots when the subdivision was originally approved. Mr. Pendoley
stated it was anticipa-ted, but was recognized that there might be at
least 1 one-story building to break the look, which is what happened.
There being no one wishing to address the Council, Mayor Boro closed the
Public Hearing.
Councilmember Thayer stated fairly severe mitigation measures were imposed
on this subdivision, especially regarding tree removal. She asked
whether this project will destroy more trees and require more
mitigation. Mr. Pendoley stated there is a sewer and drainage
easement that goes through the property that has been developed which
meant taking out some vegetation, but this would not create any
additional distur-Bance.
Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a
Resolution approving an amendment to the final subdivision map to
modify the building envelope and a Design Review Permit to allow a
pool and play area in the rear yard.
RESOLUTION NO. 9142 - APPROVING AN AMENDMENT TO THE FINAL
SUBDIVISION MAP TO MODIFY THE BUILDING ENVELOPE AND
A DESIGN REVIEW PERMIT TO ALLOW A POOL AND PLAY
AREA IN THE REAR YARD; 213 Linden Lane; DDS
Partnership/Dominic & Susan Pomilia, owners; DDS
Partnership and Peder Jens Pedersen,
representatives; AP #15-041-41
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor
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NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13a.ABAG REPORT - File 111 (VERBAL)
Councilmember Heller reported that ABAG (Association of Bay Area
Governments) met on April 21, 1994 in San Francisco. Speakers were
Elizabeth Hill, California Legislative Analyst, and Steve Olsen of the
California Department of Finance. Mr. Olsen spoke on Restructuring
the State -Local Relationship from the Governor's point of view. Ms.
Hill's topic was "Does the Governor's Plan Make Sense?". The General
Assembly voted to approve a Resolution to develop a model local
ordinance to promote installation of information superhighway
infrastructure in all new construction and redevelopment sites.
13b.UPDATE ON CALTRANS RETROFIT OF SAN RAFAEL VIADUCT REPORT (PW) - File
11-16 X 171 (VERBAL)
Mayor Boro gave an information update on the CALTRANS retrofit of San
Rafael viaduct. He recalled that a few weeks ago, a letter was sent to
the State asking if it was necessary to retrofit that viaduct if we
are planning to tear it down and build a new one. Mayor Boro stated
we received a letter today indicating we have to go ahead because this
viaduct is part of the initial 1,000 identified by CALTRANS which are
to be completed with money already available by December, 1995. He
indicated Public Works Director David Bernardi is meeting tomorrow
night with the Citizens Advisory Group for CALTRANS.
Councilmember Cohen asked if any progress has been made regarding a Public
Hearing with CALTRANS (Re HOV Gap Closure project). Mr. Bernardi
stated it is set for June 21, 1994, noting CALTRANS' consultants will
be making the presentation and putting the program together. He also
stated he advised them to inform the residents what an EIR
(Environmental Impact Report) is because there is a lot of confusion
about what it is and the process. Mr. Bernardi stated once he
received the agenda, he would forward it to the Council for comments.
Councilmember Thayer asked when CALTRANS would start this project (HOV Gap
Closure), and Mr. Bernardi answered it would be 1997 at the earliest.
Mayor Boro stated the retrofit will start in August or September of
this year.
13c.CLEAN-UP OF SMITH RANCH POND REPORT (Pl) - File 5-1-239 x 13-12 x 13-1
x 10-2 (VERBAL)
Councilmember Cohen gave an update on the clean-up of Smith Ranch Pond.
The date for the clean-up is May 14th, noting Mr. Pendoley has
identified a means for doing some signage at the pond to encourage
people to stop dumping.
There being no further business, Mayor Boro adjourned the meeting at 8:50
PM and announced that the City Council was returning to Closed Session to
discuss item 1c.
After Closed Session discussion, the Council reconvened in Open Session,
and City Attorney Ragghianti announced that no reportable action was taken.
The meeting was adjourned at 9:00 PM.
1994
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JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF
SRCC MINUTES (Regular) 5/2/94
SRCC MINUTES (Regular) 5/2/94
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MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 5/2/94
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