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Home My WebLink AboutCC Minutes 1989-07-03SRCC MINUTES (Regular, 7/3/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JULY 3, 1989, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a 1. No. 89-11 (a) - #1 - Daniel E. Hanlon v. City of San Rafael. No. 89-11 (b) - #7. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 3, 1989, AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Also 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: Items 2. Approval of Minutes of Regular Meeting of June 5, 1989 (CC) 3. Approval of Final Map - Baywood Terrace (PW) - File 5-1-314 6. Resoluton Authorizing Execution of Crest Marin II Below Market Rate Rental Agreement (P1) - File 4-10-234 x 13-16 Recommended Action Approved as submitted. ADOPTED RESOLUTON NO. 7994 - APPROVING FINAL MAP OF SUBDIVISION "MAP OF BAYWOOD TERRACE" (formerly Bret Harte Homes), (a 13 Lot Single Family Residential Subdivision on Irwin Street). ADOPTED RESOLUTON NO. 7995 - AUTHORIZING THE SIGNING OF A BELOW MARKET RATE RENTAL UNIT AGREEMENT RE CREST MARIN II BETWEEN CITY OF SAN RAFAEL AND NORTH BAY PROPERTIES II, L.P. A CALIFORNIA LIMITED PARTNERSHIP AND SUCCESSORS IN INTEREST 7. Authorization for Public Notice Approved staff recommendation: and Sale of 346 Mountain View Set Date for opening of sealed Avenue (RA) - File 2-7 x 2-5-19 bid offering for 10:00 am on Tuesday, August 8, 1989 and set sale price at next Closed Session Meeting of the Council. AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro ABSTAINED: COUNCILMEMBERS: Breiner and Frugoli from Item No. 2 only due to absence from meeting. SRCC MINUTES (Regular) 7/3/89 Page 1 SRCC MINUTES (Regular 7/3/89 Page 2 The following items were removed from the Consent Calendar for discussion: 4. RESOLUTION APPROVING CITY BUDGET FOR 1989/90 (Fin) - File 8-5 In response to Councilmember Boro's question regarding appropriations limit of $18,500,000, Finance Director Coleman stated the estimate is that the City of San Rafael would exceed the appropriations limit in the coming Fiscal Year based on the approved budget. He added the estimate has to be inserted into the budget as required by State law as part of the budget process, and that the differential is about $225,000 over, if everything goes according to the estimates. City Manager Nicolai stated the appropriations limit only applies to specific taxes covered by Proposition 4, indicating that other sources of revenue adding up to the $25,000,000 are not covered by the Proposition 4 Limitation. Councilmember Boro moved and Councilmember Breiner seconded, to adopt Resolution Approving City Budget for 1989/90. RESOLUTION NO. 7996 - APPROVING BUDGET FOR CITY OF SAN RAFAEL FOR FISCAL YEAR JULY 1, 1989 -JUNE 30, 1990 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (In amount of $25,929,732). AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. RESOLUTION DENYING USE PERMIT WITHOUT PREJUDICE RE APPEAL OF PLANNING COMMISSION'S CERTIFICATION OF A NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A USE PERMIT FOR THE PROPOSED 110,000 SQUARE FOOT OFFICE BUILDING AT THE CIVIC CENTER; McINNIS PARKWAY; H & H MANAGEMENT, OWNER; J. SHEKOU/M. ARDALAN, REPS.; APPELLANTS; MARIN AUDUBON SOCIETY (BARBARA SALZMAN), MARIN CONSERVATION LEAGUE (CHIP WRAY), TERRA LINDA HOMEOWNERS ASSOCIATION (MARY CONTE) AND MONT MARIN HOMEOWNERS ASSOCIATION (JOHN ROJAS) (Pl) - File 10-5 Councilmember Frugoli requested a voice vote on this item. RESOLUTION NO. 7997 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING WITHOUT PREJUDICE A USE PERMIT AND CONCURRENTLY TAKING NO ACTION REGARDING THE EIR/NEGATIVE DECLARATION REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THE RECONSIDERATION OF PREVIOUS CITY COUNCIL ACTIONS WHICH UPHELD AN APPEAL AND OVERTURNED SAN RAFAEL PLANNING COMMISSION APPROVAL OF A NEGATIVE DECLARATION AND A USE PERMIT (UP88-55) FOR A 110,000 SQUARE FOOT OFFICE BUILDING INCLUDING DELICATESSEN (THE OFFICE PROJECT) TO BE LOCATED ON McINNIS PARKWAY (APN 180-410-05) AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None 8. PUBLIC HEARING - UP87-97, ED88-98 & UP88-118 - APPEAL OF PLANNING COMMISSION'S DENIAL OF USE PERMIT AND DESIGN REVIEW FOR A TEMPORARY DEBRIS BOX STORAGE YARD WITH A TEMPORARY OFFICE BUILDING AND USE PERMIT FOR 1,000 CUBIC YARDS OF GRADING AND FILL; 2157 FRANCISCO BLVD.; FRED GRANGE, OWNER; BRYAN & MURPHY ASSOCIATES/J. L. ENGINEERING, REPS. AP 9-161-50 (Pl) - File 10-5 x 10-7 Mayor Mulryan declared the public hearing opened, and announced that the Appellant, Fred Grange, requested that applications noted in the pending,appeal be referred back to Planning Commission for consideration, and that the Appellant waives the time limits for taking action on this appeal. Mr. Paul Jensen, representing Mr. Grange, concurred with Mayor Mulryan's announcement. SRCC MINUTES (Regular) 7/3/89 Page 2 SRCC MINUTES (Regular, 7/3/89 Page 3 There being no input from the public, Mayor Mulryan closed the public hearing. 9. REPORT ON THE CERUTTI HOUSE AT 602 "B" STREET (PW) - File 2-7-1 x 9-3-40 x 9-3-65 x (SRRA) R-103 Assistant Public Works Director Strom stated the City purchased the Cerutti property under a Life Estate Agreement in 1982, noting the original intention was that this property would be a parking area as part of the overall Albert Park Community Center Master Plan. Staff looked at refurbishing the house for possible use or selling it with the possibility of the new owner moving the house. Mr. Strom noted the house is in a dilapidated condition and is becoming a nuisance. Mr. Strom stated their recommendation is to have authorization to demolish the house and proceed with construction of a parking area. He noted the funding would not come from the General Fund, but instead would be appropriated from Redevelopment Funds. Councilmember Frugoli stated he had spokenwith owners of the Cerutti House who asked that the City give them first opportunity to move the house as their expense. After further discussion, Mr. Strom stated he would contact owners, Messrs. Cerutti (son) and Bottarini (nephew), informing them that they may move the Cerutti House, and should the house be moved, this item be brought back to Council with information on indemnity regarding the City. Councilmember Breiner moved and Councilmember Thayer seconded, that the family members, Messrs. Cerutti and Botta rini, be given the oppor- tunity to move the house, and if they do not, the City is to demolish the house with monies coming from the Redevelopment Agency. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. REPORT ON WORKERS' COMPENSATION SETTLEMENT AUTHORITY (CM) - File 7-1- x 31 x 9-6-3 City Manager Nicolai stated at Council meeting of June 19, 1989, as part of the presentation of the Risk Management report, staff requested settlement authority for Workers' Compensation. At that time Council asked for statistics on settlements over the last several years, and in addition, staff also did a survey in other jurisdictions in the area to get a sense of what their authority is. She noted, in the process, it became evident the $5,000 request might not be worth a great deal as far as saving staff time is concerned and that a lot of the settlement authorities were in excess of what was originally requested. She was therefore requesting settlement authority somewhere within the range of $10,000 up to $20,000. Ms. Nicolai stated if acceptable, quarterly reports will be provided to Council in the future of all Worker's Compensation claims that have been settled. After further discussion, Councilmember Boro moved and Councilmember Thayer seconded, to authorize staff up to $10,000 Worker's Compensation Settlement Authority. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REPORT ON PROJECTS THAT MET THE PROJECT PRIORITY PROCEDURE (PPP) DEADLINE OF JUNE 30, 1989 (Pl) - File 115 Planning Director Pendoley stated last Friday was the deadline for submitting projects under the Project Priority Procedure and noted by deadline June 30, 1989, all projects were submitted, of which three have already been approved. Mayor Mulryan noted the process worked, and Council accepted the verbal report, without motion. SRCC MINUTES (Regular) 7/3/89 Page 3 SRCC MINUTES (Regular, 7/3/89 Page 4 12. RESOLUTIONS RE ELECTION MATTERS - GENERAL MUNICIPAL ELECTION - NOVEMBER 7, 1989: (CC) - File 9-4 a. RESOLUTION OF THE CITY COUNCIL: 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL SCHOOL DISTRICT GENERAL ELECTION; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK Councilmember Thayer moved and Councilmember Frugoli seconded, to adopt the following Resolution: RESOLUTION NO. 7998 - RESOLUTION OF THE CITY COUNCIL: 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT GENERAL ELECTION; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. RESOLUTION REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS, AND PROVIDING THAT THE COST OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED Councilmember Thayer moved and Councilmember Frugoli seconded, to adopt the following Resolution: RESOLUTION NO. 7999 - RESOLUTION REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS, AND PROVIDING THAT THE COST OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c. RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION Councilmember Thayer moved and Councilmember Frugoli seconded, to adopt the following Resolution: RESOLUTION NO. 8000 - RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 7/3/89 Page 4 SRCC MINUTES (Regular) 7/3/89 Page 5 There being no further business, the meeting was adjourned at 8:20 PM. %jr O JEAIW -I. LE IN City Clerk APPROVED THIS DAY OF 1989 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/3/89 Page 5