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HomeMy WebLinkAboutCC Minutes 1989-02-21SRCC MINUTES (Regula 2/21/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 21, 1989, AT 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a No. 89-3 (a) - #1 - Marie F. Ghilotti vs. City of San Rafael. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 21, 1989, AT 8:00 PM. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following Consent Calendar items: 2. 3. Item Approval of Minutes of Regular Meeting of February 6, 1989 (CC) Resolution Authorizing Mayor and City Clerk to Execute Below Market Rate Agreement between City of San Rafael and Spinnaker Point Partnership Re Spinnaker Point Unit 5 Subdivision (Pl) - File 5-1-263 5. Report on Bid Opening and Award of Contract - Protective Clothing for Fire Department Use (FD) - File 4-2-234 MP Resolutions Approving Contract with Municipal Resource Consultants for Sales Tax Audit and Reports and Designating MRC as Authorized Representative to Examine Sales and Use Tax Records (Fin) - File 4-3-212 x 8-10 x 8-5 Resolution Authorizing Acceptance of Grant from Marin Community Foundation for Child Care Scholarships (Rec) - File 4-10-229 x 194 x 226 x 9-3-65 Recommended Action Approved as submitted. RESOLUTION NO. 7912 - AUTHORIZING THE SIGNING OF BELOW MARKET RATE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND SPINNAKER POINT PARTNERSHIP RE SPINNAKER POINT UNIT 5 SUBDIVISION (To provide five of 48 units for BMR Sales to moderate income families, or to pay in -lieu fees) RESOLUTION NO. 7913 - AUTHORIZING PURCHASE OF FIREFIGHTER PROTECTIVE CLOTHING FROM CASCADE FIRE EQUIPMENT OF MEDFORD, OREGON (Low bidder. Unit price of $216.75 for coats and $145.75 for trousers. Funds provided from Capital Outlay Budget) RESOLUTION NO. 7914 - AUTHORIZING SIGNING OF AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS FOR SALES TAX AUDIT AND REPORT SERVICES. (For one year, from March 1, 1989 thru February 28, 1990, at a cost of $5,000). RESOLUTION NO. 7915 - DESIGNATING MUNICIPAL RESOURCE CONSULTANTS AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS. RESOLUTION NO. 7916 - AUTHORIZING SIGNING OF GRANT AGREEMENT #89-260 WITH THE MARIN COMMUNITY FOUNDATION FOR PICKLEWEED CHILD CARE SCHOLARSHIPS (In the amount of $3,000 for a period from January 1, 1989 to June 30, 1989) SRCC MINUTES (Regular) 2/21/89 Page 1 SRCC MINUTES (Regula: 2/21/89 Page 2 11. Resolution Amending Resolution RESOLUTION NO. 7917 - AMENDING No. 7857 to Provide for $1,500 RESOLUTION NO. 7857 BY REDUCING Per Month Salary Reduction for THE MONTHLY SALARY OF THE CITY City Attorney Position, Effective ATTORNEY (From $5,795.27 TO February 16, 1989 (CA) - File $4,295.27, Effective February 7-3 x 9-3-16 16, 1989) 12. Acceptance of Statements of Accepted reports. Disclosure Re Property Interests a. Pamela J. Nicolai, City Manager within the Central San Rafael b. Gary T. Ragghianti, City Attorney Redevelopment Project Area: (CC) - c. Tessie Belue, Assistant City File 9-4-3 Attorney d. Mary R. Casey, Deputy City a. City Manager Attorney b. City Attorney c. Assistant City Attorney d. Deputy City Attorney 13. Legislation Affecting San Rafael Supported ACA 1 (McClintock) (CM) - File 9-1 Requirement for State to Appropriate Funds in Advance for Mandated Local Costs. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thayer 4. REPORT ON CITY'S SLOPE ORDINANCE (P1) - File 10-1 x 10-2 Councilmember Breiner was concerned about the Slope Ordinance, noting although the ordinance revision is a priority one project, that it might be sometime before completion, perhaps in 1990 or 1991. She suggested that priority settings be made.within the group of the priority one category, stating many more applications will be coming in for residential development on slopes. She suggested no further development be built on lots above a 40 percent slope; or, adopt, on an interim basis, an ordinance that is stronger than the ordinance the City has at the present time. Mayor Mulryan referred to a graph drawing submitted by Mr. Harry Winters, President of West End Neighborhood Association on slopes over 40 percent, and asked Planning Director Pendoley to review it. Mr. Pendoley stated that first priority is being given to the Zoning Ordinance of which the Slope Ordinance would be a part as proposed by the General Plan. He noted he could bring back to Council, the implications of what it would take to have the Slope Ordinance revised sooner, but emphasized that the Zoning Ordinance is of the first priority. He also indicated that cost implications will be involved. Councilmember Boro suggested staff survey Slope Ordinances from other cities in the Bay Area and attempt to adopt something that has worked in other communities that would meet our needs. Mr. Pendoley replied this will be done, but noted the difficulty would be the decision process. Mr. Harry Winters, President of West End Neighborhood Association, suggested two alternatives: a) Adopt an interim solution on a short term basis until staff revises a formal Slope Ordinance. b) Do not accept anymore subdivision applications on slopes greater than 11 percent until the revision is done; or, adopt on an interim basis, only the portion of the Slope Ordinance which defines the lot size versus the slope. Council accepted the report. City Attorney Ragghianti stated the law does support the imposition of an administrative freeze in connection with the issuance of building permits or the processing of subdivision applications, so long as the instructions given to staff require them to come back within a reasonably swift period of time with a new ordinance. The alternative is to adopt an ordinance. Mr. Ragghianti stated his concern is that SRCC MINUTES (Regular) 2/21/89 Page 2 2 SRCC MINUTES (Regula. 2/21/89 Page 3 staff have clear instructions as to what they are to do with subdivision applications that come in between tomorrow morning and the date when a modified ordinance is to be adopted. Mayor Mulryan asked for clarification by Mr. Ragghianti, of whether Council could, tonight, pass an administrative freeze on anything over 40 percent pending a report possibly at the next meeting from the Planning Director. Mr. Ragghianti replied Council could do so. Councilmember Breiner moved and Councilmember Boro seconded, to have a freeze on acceptance of subdivision applications on property with a 40 percent or greater slope, for a period of four weeks. AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Thayer Councilmember Frugoli stated he voted against the motion because he felt a public hearing should be held first before having a restriction on the Slope Ordinance. City Attorney Ragghianti advised Council not to adopt the Building Permit prohibition, noting it is clear to him that the law permits an administrative freezing of the processing of a subdivision for a four week period to see whether the Planning staff wishes to present an Ordinance for Council's consideration. In response to Attorney Perry Litchfield's request for noticing of this proposal to allow the public time to address the Council on this issue, City Attorney Ragghianti made it clear that the freeze is not a moratorium in the sense that the Planning law speaks of in (Government Code) Section 65858, but noted if the Council wishes to permit the public to comment, it is the Council's prerogative. CONSIDERATION OF PROPOSALS FOR 1989 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS (CM) - File 147 Mayor Mulryan asked staff for clarification on the allocations for the planning area totalling $210,894, yet the projects listed do not total that amount. City Manager Nicolai explained that the total of $210,894 includes every non-profit group in the County and not just for San Rafael. Councilmember Breiner asked if Council would be receiving a copy of proposals from the CDBG staff for their review, and Ms. Nicolai replied as soon as she receives copies she will send them to the Council, noting the application deadline is February 28, 1989. Mrs. Breiner requested that Council provide her with comments on the proposals prior to the Priority Setting Committee workshop. Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the staff report. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thayer CONVERSION OF GRANT POSITION TO PERMANENT CITY POSITION FOR CRIME ANALYST, POLICE DEPARTMENT (PD) - File 9-3-30 x 7-3 x 7-8-3 Mayor Mulryan asked if this position was an increase of one person on the Police Department staff, and City Manager Nicolai responded it has been a grant funded position for three years, and the incumbent has submitted a resignation. She said for the past three years, the grant needed matching funds for various functions. The grant is now expired and the matching commitment that has been there for three years covers this position, thus it would transfer to fund this position. Basically, it would be the same kind of monetary commitment going into next year as we have had in the past. After further discussion, Councilmember Frugoli moved and Councilmember Boro seconded, to adopt the Resolution. SRCC MINUTES (Regular) 2/21/89 Page 3 SRCC MINUTES (Regula: 2/21/89 Page 4 RESOLUTION NO. 7918 - AMENDING RESOLUTION NO. 7656 BY CREATING THE NEW CLASSIFICATION OF CRIME ANALYST. (Salary range from $2,419.02 to $2,907.00). AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thayer 10. REPORT ON NORTHGATE CRIME PREVENTION OFFICE (PD) - File 9-3-30 Councilmember Boro stated he had spoken with Jock Miller, operator of a retail store adjacent to the Crime Prevention Office at Northgate Shopping Center about the intensity of its useage. City Manager Nicolai stated Officer Eubanks, Crime Prevention Officer, spoke with Mr. Miller and described to him what the scope of the use of the office will be, and that Mr. Miller was satisfied. Councilmember Boro moved and Councilmember Frugoli seconded, to authorize the Chief of Police to use Drug Asset Seizure Funds to complete construc- tion on Northgate Mall Crime Prevention Office, with the amount not to exceed $30,000. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thayer (Councilmember Frugoli left meeting and did not return.) 14. BOARD OF APPEALS HEARING - 1301-1311 FOURTH STREET, RE ABATEMENT OF DANGEROUS BUILDING (PW) - File 3-3-44 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated at the meeting of February 6, 1989, Council ordered that a public hearing be held to consider what action had been taken with regard to the property at 1301-1311 Fourth Street. He stated at that time, no plans had been submitted by the required deadline but plans have now been submitted on February 13, 1989. He noted staff has preliminarily reviewed the plans and it looks good and Public Works will be in a position to issue a building permit by Friday, March 3, 1989. A further condition is that once the permit is issued, they will have three days to start the work and proceed diligently to complete construction. Mr. Bernardi stated that 30 days also coincides with the Council meeting of April 3, 1989 and recommended that this public hearing be continued until that time for further status report as to the progress of the work. Mr. Bernardi noted if the 30 -day period is not met by Friday, March 3, 1989, it would be extended beyond that date. Staff would come to Council in the interim to set the public hearing. Councilmember Boro asked that the public hearing be set now for March 6, 1989, for the continuation of the public hearing in the event the permit is not pulled. Mayor Mulryan continued public hearing to March 6, 1989. 15. REPORT ON 346 MOUNTAIN VIEW AVENUE (PW) - File 4-1-423 x 2-5-19 Public Works Director Bernardi stated the project at 346 Mountain View Avenue is nearly completed and all drainage work has been done; also, the interior improvements to the house have been completed. Mrs. Alice Vipiano and Mrs. Sue Bowser, who live next door, have reviewed the plans for the carport and have indicated if the gate could be substituted, which is high enough to screen any drainage improvements in back, they would be satisfied with that and not insist on the carport. Staff is therefore recommending that Council delete from directions to them, the construction of the carport and to ratify the gate construc- tion. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the recommendation to delete the carport construction previously autho- rized and to construct a screening gate instead. SRCC MINUTES (Regular) 2/21/89 Page 4 SRCC MINUTES (Regula. 2/21/89 Page 5 AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli & Thayer Mr. Bernardi stated the risk assessment has been done and the Engineer's report is being submitted which assesses the risk to the property in question as well as the two adjacent properties. The engineer indicated the risk to adjacent properties is virtually zero and the risk to the house owned by the City has been reduced to an acceptable level so that the residence can be safely occupied. He asked Council if they were comfortable with the Engineer's report that Council decide if they want to go through the process of declaring it surplus and disposing of the property. After further discussion, Councilmember Breiner moved and Councilmember Boro seconded, to direct staff to proceed with the disposition of the property. AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli & Thayer Staff to do the following: 1. Discuss with City Attorney's Office, wording to enhance selling of property where the City would have to maintain the property should there be more debris landslide. 2. Disclose what has happened and to offer the property for sale "as is", other than the City's responsibility for the easement. 3. Keep Council apprised of Soils Engineer John C. Homes periodic checks including costs, with the expectation of more rain in the future. Staff to continue monitoring the area. 16. STATUS REPORT ON COMPLIANCE WITH SENATE BILL 547 - EARTHQUAKE HAZARD REDUCTION PROGRAM - UNREINFORCED MASONRY BUILDINGS (PW) - File 13-11 Public Works Director Bernardi stated the law requires: 1) The City prepare an inventory of unreinforced masonry buildings; 2) Adopt a Mitigation Program and 3) Report those actions to the State prior to January 1, 1990. He noted staff has begun the process of meeting those requirements and is working with the Fire Department on some existing inventories they have and anticipates that by mid-April a preliminary list will be completed. Property owners will then be notified giving them an opportunity to comment on whether or not it is appropriate for their building to be on the unreinforced masonry list. Hopefully, the responses will be completed by mid-June, 1989. Subsequent to that, staff will prepare an ordinance to be adopted no later than November 20, 1989. They plan to review existing ordinances, and then bring to Council, an ordinance that has been reviewed by other agencies. He noted Council may wish to have some input from the public prior to the Council holding a public hearing, and have a representative from the Builders' Exchange, a Structural Engineer, an Architect and a property owner or anyone else they might consider serve on an ad hoc task force to prepare the ordinance for Council's consideration. Mr. Bernardi stated the ordinance could be written in various ways; from a lenient position which only requires that the property owner post a notice in the building and tenants be advised there is a problem with the building, all the way to requiring complete renovation and restoration within a certain time. He noted the City of Los Angeles has a two-year time period once the property owner is notified. He mentioned they have torn down almost 8,000 buildings in this category. It was recommended that someone interested in historic peservation be considered. SRCC MINUTES (Regular) 2/21/89 Page 5 SRCC MINUTES (Regula_ 2/21/89 Page 6 Mr. Bernardi stated a preliminary list of buildings will be brought back to Council by the second meeting in April, 1989. Council accepted the staff report, without motion. 17. REQUEST FROM COUNTY SUPERVISOR ROBERT ROUMIGUIERE FOR COUNCIL TO REFUSE ANNEXATION OF THE DAPHNE-BACCIOCCO PARCEL RE LUCAS RIDGE ESTATES (P1) - File 5-2 x_149 x 115 Mayor Mulryan stated the staff report suggests if Council were to accede to this request that it be done only on the basis that the conditions of City approval, the off-site obligations as well as the interchange improvement, be a condition of the approval. Planning Director Pendoley stated it appears to staff there would be advantages to the City if the project were developed as an unin- corporated project rather than within the City limits. Among the advan- tages would be the community interest; Marinwood, which has a relation- ship to this property, feels that it can best be protected if it is developed in the unincorporated area. Also, the City can expect that the service calls from residential development of this property would substantially exceed any revenues generated from property tax. Another consideration is that the boundaries would be fairly logical if they were along Lucas Valley Road, given the topography of the area. However, there are some important interests as listed by Supervisor Roumiguiere in his letter to Council which are also listed in the General Plan. Mr. Pendoley stated it is possible to protect the City's interest with a Memorandum of Understanding; that would be the condition for the Council agreeing to refuse annexation. Councilmember Boro stated there is a matter of equity and fairness to other property owners on the road that will be subject to the timing requirements; the funding of the improvement exchange requirements. The rules that apply to anyone in that interchange should apply to this property, whether it be under City or County jurisdiction. He noted if there is a way that Council could make this happen, he had no problem with the request. Councilmember Breiner stated she is interested in this being annexed to the City. She questioned what the property taxes would be on so many expensive homes especially if they are "sprinklered" in the County or in the City, noting the Fire Department's potential cost for fire services would be very minimal. If the City is policing three out of the four corners already, she did not see that as being a major cost. Also, when ABAG looks at San Rafael's jobs/housing balance, even though this is not going to be affordable housing, it is another example on how we seem to be increasing the number of jobs in the community within the City limits but not the number of houses. She did not think it would be burdensome for the City of San Rafael to take care of that property. Mayor Mulryan referred to the jobs/housing balance and asked if San Rafael was to have credit for that because it is within the City's planning area. Mr. Pendoley noted he was not certain, but would look it up. Councilmember Breiner asked for statistics in terms of the dollars, and City Manager Nicolai stated she will get the figures from Finance Director Coleman. Mr. Howard Council, member of the Marinwood Community Services District Board of Directors, stated they have been going through this process for about four years. He referred to the fire service costs and indicated he was told by their fire chief that during 1988, the City of San Rafael responded to Marinwood 9 times as a backup unit. During that same period of time, the Marinwood Fire Department went into their Joint Powers Agreement area 33 times, and into San Rafael itself outside the Joint Powers Agreement area 9 times. He noted they do not object to this and appreciate the cooperation from the San Rafael Fire Depart- ment but pointed out that no one is getting a bad end of this deal. SRCC MINUTES (Regular) 2/21/89 Page 6 r SRCC MINUTES (Regular 2/21/89 Page 7 Councilmember Boro moved and Mayor Mulryan seconded, to approve, in concept, the staff recommendation that Council refuse annexation of the Daphne/Bacciocco property upon execution of a Memorandum of Under- standing with the Board of Supervisors and LAFCO incorporating the points listed in the staff report and waiving dual annexation policy. Staff to negotiate with the County in formulating the Memorandum of Understanding; to be brought back for full Council deliberation. AYES: COUNCILMEMBERS: Boro & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Frugoli & Thayer There being no further business, the meeting was adjourned at 9:00 PM. 4' JEANNE �LEONCINI, bity Clerk APPROVED THIS DAY OF 1989 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/21/89 Page 7