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Home My WebLink AboutCC Minutes 1995-04-03SRCC MINUTES (Regular) 4/3/95 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 3, 1995, AT 8:10 PM Regular Meeting: Present: Barbara Heller, Councilmember San Rafael City Council Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Albert J. Boro, Mayor Absent:Paul M. Cohen, Councilmember Others Present: Pamela J. Nicolai, City Manager Jeanne M. Leoncini, City Clerk RE: FILLING OF FIRE COMMISSION VACANCY (VERBAL) - File 9-2-5 Mayor Boro announced that the Council, at a Special Meeting earlier this evening, voted unanimously to reappoint Kathleen Devlin to a 4 -year term on the Fire Commission (Councilmember Cohen absent). ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. CONSENT CALENDAR Councilmember Phillips moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special and Regular Approved as submitted. Meetings of March 20, 1995 (CC) 2. Authorization to Call for Applications to Fill Approved staff recommendation: Four (4) Four -Year Terms on the Cultural Affairs a) Called for applications with Commission Due to Expiration of Terms of Lionel deadline for receipt Tuesday, Ashcroft, Wilma Gibbons, Wayne Lechner and Erwin 4/25/95 at 12:00 Noon in the Williams (CC) - File 9-2-24 City Clerk's Office; b) Set date for interviews of applicants, including incumbents, at Special Meeting Monday, 5/1/95, commencing at 6:00 PM. 3. Authorization to Call for Applications to Fill Approved staff recommendation: Three (3) Four -Year Terms on the Board of a) Called for applications with Library Trustees Due to Expiration of Termsdeadline for receipt Tuesday, of Elizabeth Grasham, John Haeuser and George 4/25/95 at 12:00 Noon in the City Walton (CC) File 9-2-3 Clerk's Office: b) Set date for interviews of applicants, including incumbents, at Special Meeting Monday, 5/1/95, commencing at 6:00 PM. 4. Acceptance of Statement of Disclosure for Accepted report. Bonnie Hough, Planning Commissioner (CC) - File 9-4-3 x R-140 #8 5. Resolution of Appreciation for Marylou Taylor, RESOLUTION NO. 9323 - RESOLUTION OF Deputy City Clerk (CC) - File 102 x 9-3-14APPRECIATION FOR MARYLOU TAYLOR, DEPUTY CITY CLERK 6. Resolution of Findings Granting Appeal of RESOLUTION NO. 9324 - RESOLUTION Building Official's Enforcement of State OF THE CITY COUNCIL OF THE CITY OF Mandated Disabled Access Requirement at 1200 SAN RAFAEL (IN ITS CAPACITY AS THE Fourth Street (Scandinavian Designs), DirckBOARD OF APPEALS) GRANTING CONDI- Brinckerhoff, Rep. (PW) - File 13-1-1 x 1-6-1 TIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS 1200 FOURTH STREET, SAN RAFAEL 7. Resolution of Appreciation for Peacock Garden Club - Arbor Day 1995 (PW) - File 102 x 109 x 105 x 9-3-66 RESOLUTION NO. 9325 - RESOLUTION OF APPRECIATION TO PEACOCK GARDEN CLUB FOR ITS CONTINUING EFFORTS IN ENDEAVORING TO MAKE THE QUALITY OF LIFE BETTER FOR THE CITIZENS OF SAN RAFAEL (Tree planting project at Sun Valley Park commemorating Arbor Day celebration). 8. Resolution of Appreciation for Tom Rothenberger, RESOLUTION NO. 9326 - RESOLUTION OF (CM) - File 102 x 7-4 x 9-3-66 APPRECIATION TO TOM ROTHENBERGER, ASSISTANT PARKS SUPERINTENDENT, AS SRCC MINUTES (Regular) 4/3/95 Page 1 SRCC MINUTES (Regular) 4/3/95 Page 2 EMPLOYEE OF THE YEAR FOR 1994. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for discussion: 9. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Heller asked what the process will be if the Council opposes SB 323. City Manager Nicolai explained that whenever the Council gives staff authority to take a position on a bill, the bill is followed through the necessary committees, and staff corresponds with local representatives so they know our position. Ms. Heller stated SB 323 will be a big problem to the cities if it passes. Councilmember Heller moved and Councilmember Zappetini seconded, to OPPOSE SB 323 (Kopp) Public Records Act. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 10. RETIREMENT ACTUARIAL REPORT (CM) - File 7-1-26 x 8-9 Councilmember Zappetini asked if we had a choice whether or not to use the Marin County Retirement System. Assistant City Manager Golt stated that at this point there is no choice, however, staff will continue to look at PERS versus Marin County and bring a report back to the meeting of April 17, 1995. Mr. Zappetini asked if there was a penalty for not renewing. Mayor Boro stated we have a contractual obligation with the employees for Marin County Retirement. City Manager Nicolai explained that the Council is being asked how to implement the rate increase, not whether to stay in the system. Mayor Boro stated if the Council chooses the five-year phase-in option, that does not obligate us for five years; it only obligates us for the coming year. Ms. Golt noted that if the Council chooses to change to PERS, it would then have to be voted on by the employees, even if it is a cost savings to the City. Councilmember Zappetini moved and Councilmember Phillips seconded, to accept the report and approve the five year phase-in option. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 11. PRESENTATION OF RESOLUTION OF APPRECIATION TO MARYLOU TAYLOR, DEPUTY CITY CLERK (CC) (VERBAL) - File 102 x 9-3-14 Mayor Boro presented the Resolution of Appreciation to Marylou Taylor, Deputy City Clerk who is moving, and thanked her for her contribution to the City and the City Clerk's Office. PUBLIC HEARINGS 12. PUBLIC HEARING - TO VACATE DRAINAGE DITCH AND PIPE ON LOTS 28, 3, 4, 5, 6 AND 7 OF THE HAPPY VALLEY SUBDIVISION (PW) - File 2-4-19 Mayor Boro declared the Public Hearing opened. Public Works Director Bernardi explained that a Resolution of Intention to vacate certain drainage ditches and pipes was adopted at the meeting of March 6, 1995, noting the vacation was necessary because a new storm drain was constructed under the City street. He stated the drainage ditch and pipe on Lots 28, 3, 4, 5, 6 and 7 are no longer a part of the City's storm drainage system. Sarah Bender, resident on the street where the drainage ditch is located, stated she has sewer problems and was told by Roto -Rooter there was another house who was also a part of the cause of the problem. Ms. Bender stated that since the ditch is being abandoned, she wants to know the name of the other property owner so they can work together to take care of the problem. Mr. Bernardi asked if the problem was with the storm drain pipes or the sewer line, to which Ms. Bender replied it was the sewer line. Mr. Bernardi explained that the sewer was a different issue and invited Ms. Bender to come to his office to discuss it. Mayor Boro closed the Public Hearing. SRCC MINUTES (Regular) 4/3/95 Page 2 SRCC MINUTES (Regular) 4/3/95 Page 3 Councilmember Zappetini asked whose responsibility it would be if one of the under -ground pipes collapsed. Mr. Bernardi stated that according to the City Attorney, it would be the responsibility of the homeowner. Mr. Zappetini asked if the pipes were filled when they were abandoned. Mr. Bernardi indicated they were not. Mr. Zappetini asked if they are in anyone's right-of-way. Mr. Bernardi stated they are not, they go across a couple of lots. Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt a resolution vacating drainage ditch and pipe on lots 28, 3, 4, 5, 6 and 7 of the subdivision entitled "Happy Valley Tract". RESOLUTION NO. 9327 - RESOLUTION ORDERING THE CLOSING, ABANDONING AND VACATING A CERTAIN DRAINAGE DITCH AND PIPE ON LOTS 28, 3, 4, 5, 6 AND 7 OF THE SUBDIVISION ENTITLED "HAPPY VALLEY TRACT", SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 13. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION OF FEBRUARY 28, 1995 RE; UP94-61 ED94-105, UPHOLDING ZONING ADMINISTRATOR'S APPROVALS OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A SECOND STORY ADDITION TO A SINGLE FAMILY RESIDENCE AND A SETBACK EXCEPTION/DESIGN REVIEW PERMIT FOR A ONE -CAR GARAGE; 26 WILDWOOD WAY, AP #10-121-05 (Pl) - File 10-7 Mayor Boro declared the Public Hearing opened and continued Public Hearing to May 1, 1995, explaining that a letter had been received from the appellant requesting this appeal be held over to the meeting of May 1, 1995. COUNCIL CONSIDERATION OLD BUSINESS 14. CITY COUNCIL REPORTS: COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) (VERBAL) - File 147 x 13-16 Councilmember Heller reported on her attendance at the CDBG Meeting of March 29, 1995, and pointed out two projects in San Rafael which received funding - Lincoln Avenue Care Plus, $475,676; and Maria B. Freitas Senior Housing (previously St. Isabella's), $938,598. Ms. Heller stated this will go to the Board of Supervisors on May 2, 1995. There being no new business, the meeting was adjourned at 8:27 PM. JEANNE M. LEONCINI, CITY CLERK APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1995 SRCC MINUTES (Regular) 4/3/95 Page 3