HomeMy WebLinkAboutCC Minutes 1989-06-05SRCC MINUTES (Regular 6/5/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 5, 1989,
AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
1. No. 89-9 (a) #1 - Jacqueline Penson & Estate of George Delsal vs.
City of San Rafael.
No. 89-9 (b) V.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 5, 1989,
AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan
San Rafael City Council Albert J. Boro, Councilmember
Joan Thayer, Councilmember
Absent: Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney, Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENY NATURE: 8:00 PM
COMMISSION OF AGING - File 199
Mrs. Anna Stern, San Rafael's representative to the Marin County Commission
on Aging, thanked Mayor Mulryan for responding to their invitations to
special events presented by the Area Agency on Aging and the Commission;
and for her reappointment to the Commission on Aging. She stated she has
been involved with the Commission for seven years, and noted that they
have developed a program called, "Intergenerational Pilot" offered to
the Dixie School District with successful results.
Mayor Mulryan complimented Mrs. Stern for the report showing the changing
demographics in the community with respect to the aging.
MARIN LAGOON PROJECT - File 5-1-313
Mr. Ralph Merola, resident of San Rafael, asked the Council to communicate
with Southwest Diversified. He stated they are working on the Marin Lagoon
Project in his neighborhood on Saturdays, causing noise disturbance from
construction work on the project.
Mayor Mulryan directed staff to communicate with Southwest Diversified
to request that they not work on Saturdays. Staff was also asked to look
into an amendment to the Noise Ordinance.
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Thayer seconded, to approve
the recommended action on the following Consent Calendar items:
Items
2. Approval of Minutes of Regular
Meeting of May 1, 1989 and
Special and Regular Meetings
of May 15, 1989 (CC)
3. Annual Report Re Commission On
Aging by Commissioner Anna Stern,
City's Representative - File 199
Recommended Action
Approved as submitted.
Accepted report.
SRCC MINUTES (Regular) 6/5/89 Page 1
4.
5.
MP
it
a
SRCC MINUTES (Regular 6/5/89 Page 2
Resolution Accepting Grant of
Access Easement for Maintenance
of Drainage Ditch - Lands of
Mahoney on Simms Street,
AP #18-142-20 & 21 (PW) -
File 2-4-15
Renewal of Contract with Life
Care Systems for Implementation
of Employee Assistance Program
(EAP) for City Employees (Per) -
File 4-3-199
Status Report on Services of Ulf
Hamilton, Insurance Broker for
City's Life, Dental & Disability
Insurance Coverage (Per) - File
4-3-175
Request by San Marin High School
for Temporary Street Closure -
Portion of Los Gamos Drive
Adjacent to the YMCA, from
9:00 PM to 1:00 AM, for High
School Graduation Party (PD) -
File 11-19
Resolution Approving the 1989/90
Latchkey Funds Contract with the
State Department of Education
(Rec) - File 4-10-233
10. Approval of Special Meeting
Dates for 1989/90 City Budget
Hearings (CM) - File 8-5
11. Call for Applications Due to
Expiration of Terms of: (CC)
a. Two (2) Members of Planning
Commission, Richard O'Brien
& Vice Chairman Peter F. Walz -
File 9-2-6
b. Two (2) Members of Design
Review Board, Phillip Abbey
& Digne B. deLenea - File 9-2-39
13. Claims for Damages:
a. Kimberly Giannini (PW)
Claim No. 3-1-1388
b. Kendra J. Falconer (PW)
Claim No. 3-1-1402
c. Coyo Rasales (Lib)
Claim No. 3-1-1403
d. Aunger & Aunger (PW)
Claim No. 3-1-1405
e. Virginia Danielsen (PW)
Claim No. 3-1-1390
RESOLUTION NO. 7978 - ACCEPTING
GRANT OF ACCESS EASEMENT FOR
MAINTENANCE OF DRAINAGE
DITCH - LANDS OF MAHONEY
(AP #18-142-20 & 21)
RESOLUTION NO. 7979 - AUTHORIZING
RENEWAL OF CONTRACT WITH LIFECARE
SYSTEMS FOR CONTINUATION OF
ASSISTANCE PROGRAMS (EAP) FOR
CITY EMPLOYEES (For one year from
July 1, 1989 to June 30, 1990,
at a fee not to exceed $10,000)
Accepted report, reaffirming Ulf
Hamilton as the Broker of Record
for the City's dental, life and
long-term disability insurance
programs.
Approved staff recommendation.
RESOLUTION NO. 7980 - APPROVING
THE 1989/90 "LATCHKEY" FUNDS
CONTRACT WITH THE STATE DEPARTMENT
OF EDUCATION ($66,684)
Approved staff recommendation;
budget hearings to be held on
Monday, June 26th and Tuesday,
June 27th, 1989 commencing
at 7:00 PM in the Webb Room, San
Rafael Public Library.
Approved staff recommendation
to call for applications,
closing date June 27, 1989 at
12 Noon; interviews set for
6:00 PM, July 3, 1989, in
Conference Room 201.
Approved City Attorney's
recommendation for denial of
claims a, b, c & d.
Approved Insurance Consulting
Associates, Inc. recommendation
for denial of claims e & f.
SRCC MINUTES (Regular) 6/5/89 Page 2
f. Jerry Edwin Heath (FD)
Claim No. 3-1-1406
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SRCC MINUTES (Regular. 6/5/89 Page 3
Boro, Thayer & Mayor Mulryan
None
Breiner & Frugoli
The following items were removed from the Consent Calendar for discussion:
7. RESOLUTION OF DENIAL WITH FINDINGS - UP87-113/ED87-132 - APPEAL OF
THE USE PERMIT AND DESIGN REVIEW FOR FAST FOOD RESTAURANT WITH
DRIVE-THROUGH SERVICE ("McDONALD'S"); 170 MERRYDALE ROAD; SAN
RAFAEL MEADOWS IMPROVEMENT ASSOCIATION, INC., BETTY BASILE,
PRESIDENT, APPELLANT; AP 179-104-04 & 07 (P1) - File 10-5 x 10-7
Councilmember Thayer pointed out her objection to this project because
of the plethora of restaurants in the area, and also because there
is a McDonald's in Northgate so there will be two in the same area.
Councilmember Boro moved and Mayor Mulryan seconded, to adopt the
Resolution of Denial.
AYES: COUNCILMEMBERS: Boro, & Mayor Mulryan
NOES: COUNCILMEMBERS: Thayer
ABSENT: COUNCILMEMBERS: Breiner & Frugoli
Mayor Mulryan asked Councilmember Thayer if she objected to changing
her vote to a courtesy vote "Aye", in view of the fact that at least
three votes are required to pass a resolution, and four members of
the Council are in favor of this item. Councilmember Thayer agreed,
and changed her vote to "AYE".
RESOLUTION NO. 7981 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DENYING AN APPEAL, UPHOLDING THE
PLANNING COMMISSION'S ACTION TO CONDITIONALLY
APPROVE, AND FURTHER TO MODIFY CONDITIONS OF
APPROVAL AS ADOPTED BY THE PLANNING COMMISSION
FOR USE PERMIT (UP87-113) AND ENVIRONMENTAL
DESIGN REVIEW PERMIT (ED87-132): APPLICATIONS
FOR A PROPOSED 4,080 SQUARE FOOT FAST FOOD
RESTAURANT WITH DRIVE, -THROUGH SERVICE AT 170
MERRYDALE ROAD (McDONALD'S)
AYES: COUNCILMEMBERS: Boro, Thayer and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Frugoli
12. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Councilmember Boro stated that, with reference to AB 2031 regarding
underground storage tanks inspection, he feels that with the plan
which the City has adopted as prepared by the Fire Chief, the City
is in much better shape to police it ourselves, and his interpretation
of this Bill is that by endorsing it the City will still be doing
the inspecting. He noted staff recommends supporting it.
Mayor Mulryan pointed out this will affect all tanks, residential
and commercial.
Councilmember Boro moved and Councilmember thayer seconded, to approve
staff recommendation to Support AB 2031 (Nolan) Underground Storage
Tanks: Local Agencies to assume responsibility for tank inspections
and monitoring;with letter of support to be sent to Assembly Member
Nolan and request Member Filante to encourage its passage.
AYES: CCUNCILMEMBERS: Boro, Thayer & Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Frugoli
14. PUBLIC HEARING - UP83-94 (a -h) - APPEAL OF PLANNING COMMISSION DECISION
WITH FINDINGS TO REVOKE A USE PERMIT WHICH WAS ISSUED FOR THREE KLICKS
OUT NIGHTCLUB; 555 FRANCISCO BOULEVARD EAST; HARBOR CENTER PARTNERS
(DLM INVESTMENTS), OWNERS; MICHAEL MARTIZEN, APPELLANT, REPRESENTED
BY JON P. RANKIN, ATTY.; AP 14-152-28 (P1) - File 10-5
SRCC MINUTES (Regular) 6/5/89 Page 3
SRCC MINUTES (Regular, 6/5/89 Page 4
Mayor Mulryan opened the Public Hearing.
Police Chief Ingwersen addressed the Council, stating that this is
an appeal from the Planning Commission's action to revoke the Use
Permit of Three Klicks Out nightclub. He stated that for the past
two and one-half years the Police Department has been concerned with
the operation of Three Klicks Out, its effect on public safety and,
more importantly, the demand for public safety services. He stated
that a year and a half ago the Police Department concerns resulted
in a consideration of revocation of the Use Permit by the Planning
Commission and, after a public hearing, the decision was not to revoke
the Use Permit but instead to give further definition and time for
the conditions to be met. He added that it should be noted that these
conditions were more typical in nature and did not address the real
issue at that time, which was the management of the club. He stated
that at the recent hearing the Planning Commission agreed with the
Police Department's findings and did, in fact, revoke the Use Permit.
He added that subsequent to this an appeal was filed and legal requests
were being made regarding information, which would have required the
Police Department to be reviewing over 100,000 documents by hand to
try to provide these answers. Chief Ingwersen said that subsequently
he had met with Diana Scherer and her husband, new owners of the Harbor
Center, and the result was an agreement signed by Michael Maritzen,
owner of Three Klicks Out, his attorney Jon Rankin, City Attorney
Gary Ragghianti, and Chief Ingwersen. Chief Ingwersen stated that
if these conditions are complied with the problems the Police Department
has had over the past years will be eliminated. He added that, as
part of the process, rather than have the issues returned to the Plan-
ning Commission, since they have already made a ruling that the agree-
ment should continue to be reviewed by the Council, that Council should
keep the action within their jurisdiction for the next six months
which is what the agreement calls for, and if the stipulations are
not being met, Council would not have to send it back to the Planning
Commission but instead the appeal would come straight to Council and
action taken so the problem could be eliminated. He promised that
the Police Department will continue to monitor the club and will report
back to the Council in six months, or before that time if the club
is not living up to its agreement.
Chief Ingwersen added that he had received a letter from Mr. Garvie,
Harbormaster of the San Rafael Yacht Club, expressing the impression
he had that Chief Ingwersen was being pressured by the City to come
to an agreement with Three Klicks Out so they could stay in business.
Chief Ingwersen stated he had explained to Mr. Garvie that he was
simply trying to make sure the process stayed on line and that, rather
than have the matter come to a public hearing and be referred back
to staff, he tried negotiating, and the agreement was reached.
Mayor Mulryan verified with Chief Ingwersen that it had been the Police
Department who had originally requested revocation of the Use Permit,
and has now worked out an agreement with conditions. Chief Ingwersen
added that he feels these conditions more directly address the problems
and he is very hopeful that with these conditons in place and with
the cooperaton of Three Klicks Out the City will have a good neighbor
who will be an asset to the neighborhood rather than a detriment.
Councilmember Boro stated he did not agree with the proposed procedure,
because this matter has already had public hearings before the Planning
Commission and the Council does not have a copy of their Minutes and
yet are being asked to approve an agreement which was entered into
by the Police Department who brought the action in the first place
against TKO. He stated he felt the matter should go back before the
Planning Commission for presentation of the new agreement.
Councilmember Thayer agreed, stating that although the agreement has
been well worked out and she commends the Police Department for that,
the Council does not have the basis for the revocation before them.
City Manager Nicolai stated that this is a stipulated agreement before
the Council, not the appeal, and the situation is similar to the Fourth
and C matter where the pressure is kept on a particular applicant
and the applicant must come back to the City Council rather than go
back through the Planning process. She noted this procedure would
SRCC MINUTES (Regular) 6/5/89 Page 4
SRCC MINUTES (Regular 6/5/89 Page 5
mean that the revocation of the permit would remain on the record
and the Council would be dealing with an interim stipulated agreement
to carry for six months and, if not adhered to, would come directly
back to the Council. Ms. Nicolai pointed out that if this goes back
to the Planning Commission and they amend the agreement, the entire
process would have to start all over again. She added that if these
conditions had not been very strong, and addressed the problems cited
by the Police Department, it would not have come forward as a proposed
agreement.
Mayor Mulryan stated that if the majority of the Council tonight wants
to send the matter back to the Planning Commission, he feels it would
be a grave mistake, and against the City's interests and control,
to simply send it back to the Planning Commission and, in effect,
undo the revocation process. He stated that if it goes back to the
Planning Commission they should be asked to approve the same thing
the Council is being asked to approve, and that it then would remain
in the same process as it would be if the Council voted on it tonight.
It then could come back in six months either to the Planning Commission
or directly to the City Council. Mayor Mulryan stated he feels that
would not undo the process. The effect would be that the revocation
would be stayed.
Councilmember Boro questioned where does the recommendation state
that it will be stayed, and Chief Ingwersen quoted from a letter recieved
from Jon Rankin, attorney for the appellant to the City Council dated
June 2, 1989, stating that the appeal from the revocation of the Use
Permit would be withdrawn under conditions including the City Council
accepting the stipulation settlement of appeal from Planning Commission
determination to revoke the Use Permit and submit a new conditional
Use Permit. He stated that the City Attorney said that this does address
the "stay" question.
City Attorney Ragghianti informed the Council that the process which
was envisioned by the letter was exactly as Mayor Mulryan had indicated.
He stated Mr. Rankin is not at the meeting because he believed that
the stipulation would be accepted. Mr. Ragghianti stated that if the
stipulation was accepted Mr. Rankin agreed to withdraw his appeal.
Mr. Ragghianti said that he suggested, in paragraph 4 of the stipula-
tion, that the appeal hearing be opened, that the proposed stipulation
be reviewed and, if approved, that the Council amend the Use Permit
as it has the right to do on an appeal. He stated that when that happened,
the letter from Mr. Rankin would authorize the withdrawal of the appeal
and he had been given to believe by Mr. Rankin that his clients would
be present to affirm that fact. Mr. Ragghianti further stated that
if this matter is returned to the Planning Commission, from the City
Attorney's purvue that is a policy decision. He said if it is the
decision of a majority of the Council to send this proposed stipulation
to the Commission, he suggested that the Public Hearing be opened
and this matter be discussed, that a motion be made to do so and if
it carries, that the hearing on the appeal be continued, giving the
Planning Commission sufficient time to review the proposed stipulation.
If the Commission agrees that the stipulation addresses all of the
problems with respect to the previous Use Permit revocation, it would
so indicate in its advice to the Council and, with the hearing continued
the hearing could be again opened, the stipulation received, the appeal
withdrawn, and the Use Permit amended.
Chief Ingwersen required, if this process takes another month or so,
can the agreement be modified. He stated his request would be that
the agreement be written so it would be monitored for six months from
the time it becomes final.
Councilmember Boro stated he would like to send the matter back to
the Planning Commission, but with the appeal open at Council level
so that if there is a problem at the Planning Commission they can
bring it back, review the record from their point of view, get the
input, and then make a final determination.
Councilmember Boro then moved and Councilmember Thayer seconded, to
keep the hearing open, bring the matter back to the Planning Commis-
sion for their reivew of this process, the six months period of review
to begin tonight and the conditions including operating the facility
under these agreed conditions, and that if the Planning Commission
SRCC MINUTES (Regular) 6/5/89 Page 5
SRCC MINUTES (Regular) 6/5/89 Page 6
agrees with it, in effect, the revocation is not undone but rather
the process staff has recommended is in place.
City Manager Nicolai pointed out that staff would like the six months
to start when the process is over. She stated that the hearing remains
open, the matter goes back to the Commission which will have final
action on the stipulated agreement.
Mr. Ragghianti clarified the issue, stating that if the hearing is
continued to a certain date, and between tonight and that date the
Planning Commission reviews the proposed stipulation and sends written
advice to the Council, and we agree that it addresses all of the issues
which caused us to revoke the Use Permit, then the hearing would again
come before the Council, at which point it would be declared open,
the Council would receive the stipulation, which would commence to
run from that night.
Mayor Mulryan stated the hearing would be continued to July 3, 1989,
but Mrs. Diana Scherer informed the Council that she would not be
in the area on that date and, with the concurrence of the Council,
Mayor Mulryan set the date of July 17, 1989, for the hearing. This
was concurred in by Mrs. Scherer.
W. C. Garvie, Harbormaster, stated he is aware that the Council does
not have all of the facts concerning the operation of TKO and although
he lives there he was never consulted in the stipulated agreement.
He then reviewed the history of TKO and the problems with the Police
Department, their expansion and conduct in the area. He stated he
has lost tenants in the San Rafael Yacht Harbor because of the situation.
He added he would like to be notified of the date this matter is heard
before the Planning Commission because he would like to be present
to speak on the matter.
Al Allison, who has a boat at the San Rafael Yacht Harbor and has
been there for approximately 10 years, stated he has had a change
in enjoyment of his tenancy since TKO nightclub has been operating.
He added that he had read the stipulated agreement, and it does not
address some of the issues which are important to the Yacht Harbor
tenants. He said he had heard there was an agreement being worked
on which would take care of the matter, and he doubted that it could
be done that quickly. He stated that the parking is a problem, with
bar tenants taking up the spaces allocated to the yacht harbor. He
said it is well signed, but the signs are ignored, and the TKO manage-
ment does not see that the signs are observed. They also block the
walkway into the harbor. Mr. Allison stated that the other problem
is the noise, with the shouting and wheelspinning, which wake up the
whole harbor at closing time. Also, the music is much too loud, and
the "warm-up" music on Saturday and Sunday afternoons disturbs the
people spending time on their boats because they do not close the
doors. He also stated that some of the patrons attracted to the bar
are questionable, and his wife many times is afraid.
Mike Maritzen, owner of TKO addressed the Council, stating they have
tried to work out their problems with the Harbormaster, and that they
tried to put up a gate to prevent his patrons from using the yacht
harbor parking spaces, but Mr. Garvie refused, feeling it would be
a hindrance to his tenants. He stated he realizes they have had problems
but he feels with this agreement things will turn around and they
can be good neighbors with the harbor, the Police Department, and
the City of San Rafael. He said they have soundproofing on the front
door. He noted there is chained -off parking for the harbor, and appar-
antly everyone has their own parking place there. He said his patrons
cannot get into harbor tenant parking because there is a chain going
across. He stated he would like to see this agreement go through.
He said they do have people in the parking lot to take care of things.
Planning Director Pendoley was asked to project a date for this matter
to be heard by the Planning Commission, and he said it would probably
be on the June 27th agenda.
AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Frugoli
SRCC MINUTES (Regular) 6/5/89 Page 6
SRCC MINUTES (Regular) 6/5/89 Page 7
15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1563 - AN ORDINANCE
OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN
RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE
MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN
REAL PROPERTY FROM P -C -NG (PLANNED COMMUNITY-NORTHGATE ACTIVITY CENTER
OVERLAY (C-100 & C-71)) DISTRICT TO P -C -NG (PLANNED COMMUNITY-NORTHGATE
ACTIVITY CENTER OVERLAY (C-158 AND C-89)) DISTRICT. (170 MERRYDALE
ROAD (McDONALD'S) (Pl) - File 10-5 x 10-7
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING
THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE
BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA,
SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C -NG (PLANNED
COMMUNITY - NORTHGATE ACTIVITY CENTER OVERLAY (C-100 & C-71)) DISTRICT
TO P -C -NG (PLANNED COMMUNITY - NORTHGATE ACTIVITY CENTER OVERLAY
C-158 & C-98)) DISTRICT. (170 MERRYDALE ROAD) (McDONALD'S)"
Councilmember Boro moved and Councilmember Thayer seconded, with objec-
tion, to dispense with the reading, to refer to it by title only,
and to adopt Charter Ordinance No. 1563, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Boro, Thayer (with objection) & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Frugoli
There being no further business, the meeting was adjourned at 9:00 PM.
JEANNE ONCINI, C ty Clerk
APPROVED THIS DAY OF , 1989
LAWRENCE E. MULRYAN, Mayor of San Rafael
SRCC MINUTES (Regular) 6/5/89 Page 7