HomeMy WebLinkAboutCC Minutes 1989-10-02SRCC MINUTES (kjgular) 10/2/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 2, 1989,
AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
1. No. 89-17(a) - V. No reportable action was taken. Litigation was not
discussed.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 2, 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
Also Present: Pamela J. Nicolai, City Manager; Tessie Belue, Assistant
City Attorney; Regina A. Buchanan, Deputy City Clerk
CONSENT CALENDAR
Councilmember Thayer moved and Councilmember Frugoli seconded, to approve
the recommended action on the following Consent Calendar items:
Item
4. Report on Sheep Grazing (PW) -
File 4-10-158 x 9-3-40 x
13-14-1 x 4-10-212
5.
6.
7.
Resolution Authorizing Execution
of First Amendment to Agreement
for Subdivision Improvements -
Oakwood Subdivision Unit 2 (PW)
File 5-1-244
Request to Waive Bidding Require-
ments for Purchase of Traffic
Signal Equipment (PW) -
File 11-10
SECOND READING AND FINAL ADOPTION
ORDINANCE NO. 1570 - An Ordinance
of the City of San Rafael Author-
izing Amendments to the Smith
Ranch Hills Development Agree-
ment (CA) - File 5-1-290
8. Agreement with County of Marin for
Community Development Block Grant
Funds for $6,000 for Child Care
Scholarships (Rec) - File 147 x
9-3-65
Recommended Action
Accepted report.
RESOLUTION NO. 8050 - AUTHORIZING
EXECUTION OF FIRST AMENDMENT TO
AGREEMENT AND PARTIAL RECONVEY-
ANCE, OAKWOOD SUBDIVISION UNIT 2
RESOLUTION NO. 8051 - AUTHORIZING
STAFF TO WAIVE COMPETITIVE BIDD-
ING PROCESS AND AUTHORIZING PUR-
CHASE OF TRAFFIC SIGNAL EQUIPMENT
- Approved final adoption of
Ordinance No. 1570.
11. Resolution Authorizing Execution
of Lease Agreement Between City
of San Rafael Marin Poetry Center
for Use of Falkirk Cultural Center,
from September 1, 1989 and Termin-
ating on August 30, 1990
(Cult.Affs) File 4-10-205 x 9-3-84
12. Resolution Amending Resolution No.
8030 by Creating the New Classifi-
cation of Deputy Fire Marshal
(Pers) - File 7-3 x 9-3-31
RESOLUTION NO. 8052 - AUTHORIZING
EXECUTION OF THE CITY OF SAN
RAFAEL COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENT AMENDMENT
#1 FOR 1989/90 FOR CHILD CARE
SCHOLARSHIPS, $6,000
RESOLUTION NO. 8053 - AUTHORIZING
SIGNING OF A CONTRACT, LEASE OR
AGREEMENT (W/Marin Poetry Center
for Use of Falkirk Cultural
Center)
RESOLUTION NO. 8054 - AMENDING
RESOLUTION 8030 BY CREATING THE
NEW CLASSIFICATION OF DEPUTY
FIRE MARSHAL
13. Resolution Authorizing Execution RESOLUTION NO. 8055 - AUTHORIZING
of Memorandum of Understanding re EXECUTION OF MEMORANDUM OF UNDER -
Lucas Ridge Estates - Request for STANDING RE LUCAS RIDGE ESTATES -
Waiver of Dual Annexation Policy REQUEST FOR WAIVER OF DUAL ANNEX-
(Pl) - File 5-2 x 149 ATION POLICY
SRCC MINUTES (Regular) 10/2/89 Page 1
SRCC MINUTES (P ular) 10/2/89 Page 2
14. Resolution of Appreciation for RESOLUTION NO. 8056 - RESOLUTION
Anna K. Stern, City's Represent- OF APPRECIATION FOR ANNA K.
ative on County Commission on STERN, CITY'S REPRESENTATIVE ON
Aging (CM) - File 102 x 199 COUNTY COMMISSION ON AGING
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. APPROVAL OF MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1989 (CC)
Councilmember Boro noted that there was a problem at the top of page
12, regarding the voting on Lucas Ridge Estates. To be corrected to
move the first sentence down, to below the sentence "The motion
failed."
Councilmember Boro then moved and Councilmember Frugoli seconded, to
approve the minutes of regular meeting of September 18, 1989, as
amended.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Frugoli (due to the fact that he had left
the meeting early due to illness)
3. AGREEMENT WITH MARIN CONSERVATION CORPS FOR TREE TRIMMING (PW) -
File 4-10-206
Mayor Mulryan questioned the figures, and asked Public Works Director
Bernardi if the $10,276 shown is the total cost. Mr. Bernardi replied
in the affirmative.
Councilmember Breiner inquired about advance notification when trees
are to be trimmed. Mr. Bernardi responded that residents are notified
one week in advance. He explained that this program is not for trim-
ming the entire tree, but only the lower limbs. He stated it is not
the complete job, and sometimes residents misunderstand.
Councilmember Breiner moved and Councilmember Boro seconded, to adopt
the Resolution authorizing signing of a contract with the Marin
Conservation Corps.
RESOLUTION NO. 8057 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR
AGREEMENT (W/Marin Conservation Corps, for Low
Limbing Program)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. AGREEMENT WITH COUNTY OF MARIN TO PROVIDE $7500 FUNDING FOR THE SAN
RAFAEL CHILD CARE TASK FORCE (Rec) - File 228 x 9-3-65
Mayor Mulryan stated he wanted to express his appreciation not only to
the Task Force, but to the three Supervisors - Giacomini, Brown and
Roumiguiere for their contribution.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
adopt a Resolution authorizing signing of an agreement with County of
Marin, to provide $7,500 for the San Rafael Child Care Task Force.
RESOLUTION NO. 8058 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR
AGREEMENT (W/County of Marin to provide $7,500
for the San Rafael Child Care Task Force)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. RENEWAL OF AGREEMENT BETWEEN CITY AND STATE DEPARTMENT OF CORRECTIONS,
SAN QUENTIN STATE PRISON RE WORK PROGRAM (CM) - File 4-10-224
Councilmember Boro stated he would like to verify that this agreement
is for ten men to work for one week, every six weeks. City Manager
Nicolai stated that is correct.
SRCC MINUTES (Regular) 10/2/89 Page 2
R E V I S E D
SRCC MINUTES (h ular) 10/2/89 Page 3
Councilmember Boro moved and Councilmember Thayer seconded, to adopt
the Resolution to renew the Agreement with State Department of
Corrections, San Quentin.
RESOLUTION NO. 8059 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR
AGREEMENT (W/California Department of
Corrections, San Quentin State Prison)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANNA K. STERN, CITY'S
REPRESENTATIVE ON COUNTY COMMISSION ON AGING - File 199 x 102
Mayor Mulryan presented Mrs. Stern with the Resolution of Appreciation
and a floral piece, and expressed the City's gratitude for her con-
tributions while serving on the Commission on Aging. He wished her
well in future activities.
21. CONSIDERATION OF ADOPTION OF ORDINANCE APPROVING AND ADOPTING THE
AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("Amended
Plan"), APPROVING THE ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR
THE CITY OF SAN RAFAEL GENERAL PLAN AS A PROGRAM EIR FOR THE AMENDED
PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOP-
MENT LAW OF THE STATE OF CALIFORNIA (RA) - File (SRRA) 140 XII
Mayor Mulryan explained that the Council would consider this item out
of sequence, because it is in effect a continuance of the joint meeting
of the Council and Redevelopment Agency held earlier. He explained
that it had to come before the Council in order to have the Ordinance
adopted.
AttorneX Lee Rosenthal stated that the Ordinance will adopt the
proposed amendment.
There was no input from the audience.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND ADOPTING THE AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOP-
MENT PLAN ("AMENDED PLAN"), APPROVING THE ENVIRONMENTAL IMPACT REPORT
("EIR") PREPARED FOR THE CITY OF SAN RAFAEL GENERAL PLAN AS A PROGRAM
EIR FOR THE AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE
COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA"
Councilmember Thayer moved and Councilmember Breiner seconded, to dis-
pense with the reading of the Ordinance in its entirety and refer to it
by title only, and pass Charter Ordinance No. 1572 to print by the fol-
lowing vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM: Mayor Mulryan announced that at a special meeting earlier in the
evening the Council had interviewed applicants for a vacancy on
the Park and Recreation Commission and had appointed Carlene
McCart.
16. PUBLIC HEARING - VACATION OF SANITARY SEWER EASEMENT - AT 69 CHULA
VISTA DRIVE (AP 11-011-14) (PW) - File 2-3
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi briefed the Council, stating that on
September 5, 1989 the Council had adopted a Resolution of Intention to
vacate a portion of an existing sanitary sewer easement along part of
the southerly line of the property located at 69 Chula Vista Drive, and
this is the next step.
There being no public input the public hearing was closed.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt
the Resolution.
SRCC MINUTES (Regular) 10/2/89 Page 3
SRCC MINUTES (r -ular) 10/2/89 Page 4
RESOLUTION NO. 8060 - ORDERING CLOSING, ABANDONING AND VACATING PORTION
OF EXISTING SANITARY SEWER EASEMENT AT 69 CHULA
VISTA DRIVE, SAN RAFAEL, CALIFORNIA
(AP No. 11-011-14)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING - TO CONSIDER ADOPTION OF THE SHORELINE PARK MASTER PLAN
(Rec) - File 4-10-231 x 9-3-66
Mayor Mulryan declared the public hearing opened.
Recreation Director Sharon McNamee briefed the Council on the major
aspects of the Plan. She stated that the Plan was identified as a high
priority program in the San Rafael General Plan 2000, and added that a
task force composed of adjacent property owners, environmental groups,
and neighborhood and City representatives met many times between
September 1988 and June 1989 to develop a workable draft plan. She
stated that objectives of the Plan were to respect the site's unique
environmental features, and to design a park which responds to its
dramatic site and which benefits the great number of potential shore
users.
Ms. McNamee then presented Tom Klope of MPA Design, who gave a slide
presentation, also showing graphics of the levees, and the orientation
of the Park. He noted there are portions which will require major
modification of the levee, and pointed out the necessity of improving
the habitat value of the mitigation ponds.
At the conclusion of the presentation, Councilmember Thayer inquired
about the required funding, and Ms. McNamee responded that they an-
ticipate fundraising through grants, and expressed the hope that there
may be some agencies such as the Audubon Society who might be willing
to assist.
Councilmember Boro stated he is impressed with the report, and that Ms.
McNamee and the developers have been able to get such a great number of
people interested in the project.
Ralph Crocker of the Canal Community Alliance, and a former member of
the task force, urged adoption of the Plan.
There being no further public input, the public hearing was closed.
Councilmember Breiner expressed concern regarding the ongoing maint-
enance costs of the levees, stating the City already has the control
and responsibility for them, but when the properties come up for
development the cost to the City will be cut down.
Public Works Director Bernardi noted there is a Landscaping and
Lighting account from 1973 which can be used for park maintenance and
levees.
Councilmember Boro recommended a Resolution of Appreciation for the
Task Force be prepared.
Councilmember Thayer expressed concern about the playground being near
the pond, and Ms. McNamee explained there will be planting for a buff-
er, and that the elevations are quite different.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
adopt the Resolution certifying the Negative Declaration.
RESOLUTION NO. 8061 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR
THE SAN RAFAEL MASTER PLAN PROJECT
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt
the Resolution adopting the Shoreline Park Master Plan.
RESOLUTION NO. 8062 - ADOPTING THE SHORELINE PARK MASTER PLAN
SRCC MINUTES (Regular) 10/2/89 Page 4
SRCC MINUTES (F ular) 10/2/89 Page 5
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. PUBLIC HEARING - UP89-37, ED89-47 - APPEAL OF PLANNING COMMISSION'S
CONDITIONAL APPROVAL OF USE AND DESIGN REVIEW PERMITS FOR A 102 BED
PERSONAL CARE FACILITY; SMITH RANCH HOMES; WEST OF SILVEIRA PARKWAY;
TISHMAN SPEYER MEDIQ MARIN LIMITED, OWNERS; TREFFINGER, WALZ & MacLEOD,
ARCHITECTS, REP.; ANTHONY SILVEIRA, APPELLANT; AP 155-251-52 (P1) -
File 5-1-290 x 10-5 x 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Pendoley informed the Council that Anthony Silveira
has appealed the Planning Commission's approval of a Use Permit and a
Design Review Permit for reduced front setbacks in a Personal Care
Facility adjoining Silveira Parkway. He noted that the reduced set-
backs will allow parking to be located at, instead of ten feet from,
the front property line which is also the right-of-way line for
Silveira Parkway. The reduced setbacks also allow a porte cochere set
back ten feet instead of 20 feet from the right-of-way line.
Mr. Pendoley showed, by means of graphics, the rationale which was used
in locating the Personal Care Facility. He stated that the key point
is that McInnis Parkway, if and when it is extended, would be to the
east of the railroad tracks, whereas Silveira Parkway is on the west.
He stated that it would not be good engineering to have McInnis Parkway
cross the tracks at Smith Ranch Road. He added that, although the
final alignment of McInnis Parkway is not fixed, the Silveira Parkway
would definitely not be in it. He also explained that because of the
steep slope to the west of Silveira Parkway,it would be very difficult
to widen it on the west side. He informed the Council that the ar-
chitect and the Planning Commission had recommended that the setback
for the Facility be reduced, to allow the building to take advantage of
the flatter portion of the land.
Councilmember Breiner inquired, if the unexpected happened and McInnis
Parkway should go on Silveira Parkway, would there still be ample
space, with a retaining wall and the setback. Mr. Pendoley said they
could go back ten feet. He noted that if it were widened at the point
where the Personal Care Facility is planned, it would cost the owners
for the necessary retaining wall and for relocation of the driveways.
Irving Schwartz, a civil engineer representing Anthony Silveira, stated
that the General Plan does not show the actual alignment in that area,
and he stated that the City should keep their options open on where the
Eastside Arterial should go. He stated that Mr. Silveira wants a 100 -
foot right-of-way on the west side of the tracks, to go through to his
ranch property and to St. Vincent's.
Councilmember Thayer inquired if Mr. Silveira would like a bond for the
walls and driveway relocation, and Mr. Schwartz replied that would be
a good start, to have the property owner take care of their share of
the access roadway.
Architect Karl Treffinger addressed the Council, stating that all of
the improvements have been paid for by Tishman/Speyer, and they are
done specifically to handle the apartments and the Personal Care
Facility, but also to provide access to the Silveira property. He
stated he shares the staff's point of view that if the Arterial goes in
it will be to the east of the railroad. Mr. Treffinger stated the
Council should understand clearly where the building itself is, which
is 50 feet back from the property line. He added that the only thing
which comes close to the property line is the porte cochere. He added
that the concern expressed is not a legitimate one, that the 100 foot
right-of-way would still be there, and that if there were a widening it
would create a substantial cutting back of the hill. He urged that the
appeal be denied.
There being no further public input, the public hearing was closed.
Councilmember Boro stated they could not begin to think about the
alignment at this point, but that if this is granted and there is a
need at some point the City could be held liable.
Mayor Mulryan stated that the owners could put up a bond.
SRCC MINUTES (Regular) 10/2/89 Page 5
SRCC MINUTES (P ular) 10/2/89 Page 6
Councilmember Boro moved and Councilmember Frugoli seconded, to adopt
the Resolution certifying the Negative Declaration.
RESOLUTION NO. 8063 - APPROVING AND CERTIFYING A NEGATIVE DECLARATION
FOR A 102 -BED PERSONAL CARE FACILITY TO BE
LOCATED WEST OF SILVEIRA PARKWAY ON ASSESSOR'S
PARCEL 155-251-52, AND IN CONNECTION WITH
APPROVALS FOR REZONING (X89-12), SECOND AMEND-
MENT TO DEVELOPMENT AGREEMENT (P89-7), USE PERMIT
(UP89-37), DESIGN REVIEW PERMIT (ED89-47) AND LOT
LINE ADJUSTMENT (s89-19)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mr. Pendoley suggested that the Council could deny the appeal and add a
new condition (35) to the Use Permit to require that the applicant
provide a bond through the Public Works Director, sufficient to cover
the cost of a retaining wall for future realignment.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt
the Resolution denying the appeal, and with revised Use Permit condi-
tion (35) as recommended by staff.
RESOLUTION NO. 8064 - DENYING AN APPEAL AND UPHOLDING DECISION OF THE
PLANNING COMMISSION TO CONDITIONALLY APPROVE
APPLICATIONS FOR A PROPOSED 102 -BED PERSONAL CARE
FACILITY FOR THE SMITH RANCH HOMES PROJECT TO BE
LOCATED WEST OF SILVEIRA PARKWAY ON ASSESSOR'S
PARCEL 155-251-51
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. PUBLIC HEARING - Z89-12IP89-7 - AMENDMENT OF ZONING AND SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT FOR 102 BED PERSONAL CARE FACILITY;
SMITH RANCH HOMES; WEST OF SILVEIRA PARKWAY AND NORTH OF SMITH RANCH
ROAD; TISHMAN SPEYER MEDIQ MARIN LIMITED, OWNERS; TREFFINGER, WALZ &
MacLEOD, ARCHITECTS, REP.; AP 155-251-52 (P1) - File 5-1-290 x 10-3
Mayor Mulryan declared the public hearing opened.
Mr. Pendoley briefed the Council, stating that on September 12, 1989,
the Planning Commission approved the plans. He stated that the design
of the project incorporates smaller front yard setbacks than previously
established. He stated that the bulk of the information on this
project is in the staff report for the previous item.
Councilmember Thayer inquired if there are any beds going to be for
Medical patients, or will it be solely for the residents of the retire-
ment center. Architect Treffinger stated there is nothing specific at
this point, but the project will not be restricted to Smith Ranch Homes
residents and at first there will probably be more non- residents.
Councilmember Thayer asked if there are height limitations on ornamen-
tal design elements. Mr. Pendoley replied in the negative, and Mrs.
Thayer said that is something to be considered.
Mr. Treffinger stated they stayed within the height limitations on this
building.
There being no further public input the hearing was closed.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING FROM P -D -NG (R-84)
(PLANNED DEVELOPMENT AND NORTHGATE OVERLAY DISTRICTS 84 PEAK HOUR
RESIDENTIAL TRIPS) TO P -D -NG (R-84) AND AMENDING CERTAIN ZONING SETBACK
STANDARDS ESTABLISHED BY EXHIBIT C-1 OF ORDINANCE 1507. SMITH RANCH
HOMES PERSONAL CARE FACILITY, SILVEIRA PARKWAY"
Councilmember Frugoli moved and Councilmember Boro seconded, to dis-
pense with the reading, to refer to it by title only, and pass Charter
Ordinance No. 1573 to print by the following vote, to wit:
SRCC MINUTES (Regular) 10/2/89 Page 6
SRCC MINUTES (I ular) 10/2/89 Page 7
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING THE SECOND AMEND-
MENT TO THE SMITH RANCH HILLS DEVELOPMENT AGREEMENT"
Councilmember Breiner moved and Councilmember Thayer seconded, to dis-
pense with the reading, to refer to it by title only, and pass Charter
Ordinance No. 1574 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 1409
FOURTH STREET (HAIR HEAVEN), AP 11-251-04 (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi briefed the Council, explaining that
this establishment is in the same building as Diller's Delicatessen,
and that in order to provide the bathroom for handicapped they would
have to take space from other tenants. Also, the budget cost of the
improvements to the hair salon is $10,000, and the remodeling of the
existing toilet room would cost another $10,000. He stated that staff
is recommending that the appeal be granted.
Barbara Cameron, owner of the salon, verified Mr. Bernardi's report.
There being no further public input, the public hearing was closed.
Councilmember Thayer moved and Councilmember Breiner seconded, to
direct staff to prepare the necessary Resolution with findings, grant-
ing the appeal, to come back for the October 16th meeting.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. PRESENTATION OF MARIN COUNTY TRANSPORTATION IMPROVEMENT AND GROWTH
MANAGEMENT PLAN (P1) - File 170
Mr. Pendoley briefed the Council, stating that when they reviewed this
item at their September 18, 1989 meeting they requested it be continued
so the full Council could consider the issue. Also Council had re-
quested an updated status report on the actions by other cities
regarding the 101 Corridor Study and Draft Transportation Improvement
and Growth Management Plan. Mr. Pendoley called attention to Attach-
ment F, which listed the actions and opinions of other cities.
The Council discussed the matters of growth management and alterna-
tives. Councilmember Breiner stated she would like to suggest regard-
ing growth management as a first step and go on record as saying the
City is open to further exploring of other cities' General Plans. She
noted the reviewing of the General Planswill be time-consuming. She
stated the City should keep the door open on buying into the
Transportation Expenditure Plan.
Councilmember Thayer referred to page 8 of the Plan,and stated she has
reservations about the proposed Countywide Planning and Advisory
Committee.
Councilmember Frugoli stated that the roles of the cities must be
clarified with regard to the Growth Management Plan. He stated the
Council cannot make a decision at this meeting.
Councilmember Boro stated that the original Plan talked about the
transportation, and now we have letters coming from the Marin
Conservation League with alternatives. He noted that staff did not
have the letters until this evening.
Mayor Mulryan recommended that the Planning Commission be given copies
of the MCL letters.
SRCC MINUTES (Regular) 10/2/89 Page 7
SRCC MINUTES (R-ular) 10/2/89 Page 8
Priscilla Bull, Chairman of the MCL stated that she feels the Growth
Management Plan should be set before the matter goes to the voters for
approval.
The matter was continued to allow staff time to develop additional in-
formation based on the MCL letters, and Council's expressed concerns.
23. REPORT ON CERUTTI HOUSE AT 602 "B" STREET (PW) - File 2-7-1
Mr. Bernardi briefed the Council, stating that Mr. Cerutti was in-
formed, as directed by the Council, that the City was willing to allow
him to regain ownership of the house if it could be removed to another
site. Mr. Cerutti subsequently asked staff for an extension of time in
order to secure a parcel to which the house could be moved.
Mr. Bernardi stated it now appears that a third party is involved, and
that Mr. Cerutti was attempting to sell the house to a person who would
move it to another site. Mr. Bernardi stated he had informed Mr.
Cerutti of the Council's intention that if the house was relocated it
would remain in the Cerutti name.
Mr. Bernardi stated he would like to bring the matter back in two
weeks, and meanwhile work with the Cerutti family and attempt to solve
the problem.
Item was continued to the meeting of October 16, 1989.
ADD ITEM - URGENCY MATTER
REQUEST FOR INTERIM APPOINTMENTS TO PERSONNEL BOARD OF REVIEW (CM) -
FILE 9-2-12
Councilmember Breiner moved and Councilmember Boro seconded, that the
matter be heard, since the need to take action arose subsequent to the
agenda being posted.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Suzanne Golt, Assistant to the City Manager, stated that there are
presently two requests to convene the Personnel Board of Review to hear
employee appeals. Also, the Personnel Rules and Regulations, which in-
clude the provisions for a Personnel Board of Review, are being
revised.
Ms. Golt informed the Council that the Board presently consists of
three regular members and two alternates. The terms of regular members
Fred Enemark and Armon Barsamian expire at the end of October, and both
have indicated they are unable to serve on a board at this time and
they will not seek reappointment. Richard Sadler, the third regular
member, whose term expires at the end of February 1990, has advised
staff that he is not available for daytime board work, which precludes
his participation in the pending appeals.
Ms. Golt recommended that staff develop a list of three people who have
the availability and the interest in serving on the Board for interim
terms of six months, and present the list at the Council meeting on
October 16, 1989 for consideration.
Councilmember Frugoli moved and Councilmember Thayer seconded, to ap-
prove the staff request, and consider appointments for a six-month
interim period for the Personnel Board of Review.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM - PROBLEMS AT BOYD PARK - File 9-3-65 x 9-3-30
Councilmember Boro asked for a report from the Police Department and
Recreation Department on the problems at Boyd Park.
SRCC MINUTES (Regular) 10/2/89 Page 8
SRCC MINUTES (R alar) 10/2/89 Page 9
There being no further business, the meeting was adjourned at 10:00 PM.
JEANNE M. LEONCINI, City Clerk
By:
REC U HANAN
Deputy City Clerk
APPROVED THIS DAY OF 1989
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 10/2/89 Page 9