HomeMy WebLinkAboutCC Minutes 1989-11-06SRCC MINUTES (Regulai 11/6/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 6,
1989 AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1a
1. No. 89-19 (a) - #7.
No. 89-19 (b) - #1 - Cordes vs. City of San Rafael.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 6,
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 Thayer moved and Councilmember Boro seconded, to approve
the recommended action on the following Consent Calendar items:
Item
Recommended Action
2. Approval of Minutes of Special Approved as submitted.
Meetings of August 2, and
October 16, 1989; Special Joint
Meeting of October 16, 1989 and
Regular Meeting of October 16,
1989 (CC)
3. Declaration of Parking Meter
Holiday Beginning Wednesday,
November 22, 1989 through
Monday, January 1, 1990 (RA) -
File 11-18
4. Report on Sheep Grazing (PW) -
File 4-10-158 x 9-3-40 x
13-14-1 x 4-10-212
Approved staff recommendation.
Accepted report.
6. Approval of Final Map of Kerner RESOLUTION NO. 8073 - APPROVING
Trade Center, a Condominium (PW) - FINAL MAP OF CONDOMINIUM SUBDIVISION
File 5-1-315 ENTITLED, "MAP OF KERNER TRADE
CENTER (FS 88-5)"
7. Agreement for Architectural
Services for Preliminary Design
Work - Fire Station No. 6,
Terra Linda (PW) - File 4-3-224
RESOLUTION NO. 8074 - AUTHORIZING
THE SIGNING OF AN AGREEMENT WITH
FORSHER + GUTHRIE FOR PRELIMINARY
PLANS FOR FIRE STATION NO. 6
8. Consideration of Appointment of Approved staff recommendation
Three Members to the Personnel to appoint John Grasham, Janice
Board of Review to Serve for Six Grimes and Norman Heller, with
Months as an Interim Measure to terms to run through May 6, 1990.
Fill Vacancies (CM) - File 9-2-12
10. Resolution of Intention to Amend RESOLUTION NO. 8075 - RESOLUTION
the Subdivision Ordinance re Lot OF INTENTION TO AMEND CHAPTER
Mergers (Pl) - File 10-2 15.10 OF THE SAN RAFAEL MUNICIPAL
CODE RELATING TO MERGER OF
SUBSTANDARD LOTS
SRCC MINUTES (Regular) 11/6/89 Page 1
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13. Adoption of Resolution RESOLUTION NO. 8076 - PROCLAIMING
Recognizing Thursday, November THURSDAY, NOVEMBER 16TH AS THE
16, 1989, as American Cancer THIRTEENTH ANNUAL GREAT AMERICAN
Society's Great American SMOKEOUT
Smokeout Day (CM) - File 110
15. Claim for Damages: Approved City Attorney's
recommendation for denial of claim.
Marie Golamco (PW)
Claim No. 3-1-1443
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Murlyan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Mayor Mulrvan and Councilmember Frugoli
(Abstained from voting on Minutes of August
2, 1989 only due to absence from meeting).
The following items were removed from the Consent Calendar for discussion:
5. REPORT ON EARTHQUAKE DAMAGE (PW) - File 13-11 x 9-3-40 x 1-6-1
Councilmember Frugoli recommended consideration of a ferry going from
McNear's Beach area to Oakland, to alleviate the traffic. City Manager
Nicolai responded that she had discussed the possibility with Supervisor
Roumiguiere and he is going to speak with Crowley Marine regarding a ferry
and determine what would have to be done to the pier at McNear's Beach.
Mayor Mulryan stated that would be very timely.
Councilmember Breiner stated she was pleased that the City could provide
assistance to affected areas, and urged staff to check if there are
non -City run service station fuel pumps where emergency generators
are located. Public Works Director Bernardi responded that to the best
of his knowledge there are none in San Rafael, but noted that the
Fire Department has generators which could be used if the pumps at
the Yard were inoperable.
Councilmember Breiner then expressed concern that the Merrydale
Overcrossing may be delayed because of the problems CalTrans has had
with damaged freeways. Ms. Breiner then inquired if the tilt -up build-
ings which are on fill should have improved bolstering. Mr. Bernardi
responded that at this time Public Works is dealing with the unreinforced
masonry buildings, and the State will soon be dealing with them, but
he is sure the State will consider tilt -ups in the future, pointing
out that the City has no authority at this time to require bolstering
of tilt -ups.
Councilmember Thayer commended the Public Works staff for responding
to the emergency, and also the Police and Fire. She inquired how the
construction due to the earthquake would affect City contracts from
now on, and Mr. Bernardi responded that there will probably be an
increase in bid prices for a period of time.
Council accepted the staff report, without motion.
9. RESOLUTION AUTHORIZING EXECUTION OF BELOW MARKET RATE (BMR) AGREEMENT
BETWEEN SIDNEY J. HENDRICKS AND DENNIS HORNE AND THE CITY OF SAN RAFAEL
RE SPINNAKER ON THE BAY PHASE I (Pl) - File 5-1-292
Councilmember Boro asked for a clarification, that when the rest of
the 136 units are built, will there be another 20o affordable housing.
Planning Director Pendoley responded affirmatively. He noted that
in the agreement the Council reached with the developers in the last
phase of Spinnaker Point they had the option of in -lieu fees.
Councilmember Boro moved and Councilmember Breiner seconded, to approve
the recommended Resolution.
RESOLUTION NO. 8077 - AUTHORIZING THE SIGNING OF A -BELOW MARKET RATE
RENTAL UNIT AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS BETWEEN SIDNEY J. HENDRICKS
AND DENNIS HORNE AND THE CITY OF SAN RAFAEL RE
SPINNAKER ON THE BAY, PHASE I
SRCC MINUTES (Regular) 11/6/89 Page 2
AYES: COUNCILMEMBERS: Boro,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular 11/6/89 Page 3
Breiner, Frugoli, Thayer & Mayor Mulryan
11. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1576 - AN ORDINANCE
OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, THE MUNICIPAL CODE OF
SAN RAFAEL, ELIMINATING RESTRICTIONS ON THE CONTENT OF SECONDARY
FREESTANDING SIGNS FOR FREEWAY ORIENTED NEW CAR DEALERSHIPS HAVING
STREET FRONTAGE OF 250 SQUARE FEET OR MORE (Chart 1, Section 14.12.02A
Thereof) (Pl) - File 10-1 x 1-11 x 125
Councilmember Breiner stated that this is a piece -meal change to the
Sign Ordinance and she cannot be part of it, and will vote against
it. She stated there are other ways the issue could have been dealt
with, and she hopes that before too long there will be a more comprehen-
sive look at the Sign Ordinance.
The Title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, THE MUNICIPAL
CODE OF SAN RAFAEL, ELIMINATING RESTRICTIONS ON THE CONTENT OF SECONDARY
FREESTANDING SIGNS FOR FREEWAY ORIENTED NEW CAR DEALERSHIPS HAVING
STREET FRONTAGE OF 250 SQUARE FEET OR MORE (CHART 1, SECTION 14.12.02A
THEREOF)"
Councilmember Frugoli moved and Councilmember Thayer seconded, to
dispense with the reading of the Ordinance in its entirety and refer
to it by title only, and adopt Charter Ordinance No. 1576, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayon Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
12. REPORT ON BID OPENINGS AND AWARD OF BIDS FOR: (Gen.Svcs.) - File 4-2-241
A. MACINTOSH COMPUTERS & ANCILLARY EQUIPMENT
B. IBM COMPATIBLE COMPUTERS
Mayor Mulryan questioned the two companies selected, and City Manager
Nicolai responded that Public Works, Recreation and Planning need
the MacIntosh with its graphics for their programs, because it is
unique to their departments.Regarding the choice of IBM compatible
computers, the other departments do not need graphics capability,
and she stated that they are the lowest responsible bidder who meets
the specifications.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
approve staff recommendations and adopt the Resolutions indicated:
A. RESOLUTION NO. 8078 - AUTHORIZING THE PURCHASE OF PERSONAL COMPUTERS
FOR USE BY THE PUBLIC WORKS, PLANNING AND
RECREATION DEPARTMENTS (from MacGarden Co. at
$31,262.58, lowest responsible bidder that meets
the specifications)
B. RESOLUTION NO. 8079 - AUTHORIZING THE PURCHASE OF PERSONAL COMPUTERS
FOR USE BY THE CITY MANAGER, CITY ATTORNEY,
CITY CLERK, PERSONNEL, FINANCE AND LIBRARY
DEPARTMENTS(from Hilltop at $18,285.00, lowest
responsible bidder that meets the specifications)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. ADOPTION OF RESOLUTIONS: (CM) - File 7-3 x 9-3-11
A. AMENDING RESOLUTION NO. 7857, PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT EMPLOYEES
B. AMENDING RESOLUTION NO. 7870, PERTAINING TO THE COMPENSATION FOR
CITY MANAGER
Councilmember Boro stated he personally had problems with the proposals,
SRCC MINUTES (Regular) 11/6/89 Page 3
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and would be willing to support the four percent in July and two percent
in January and the benefits, but to hold off on the following year,
for both the Agency and the City, as well as having the Council study
the equity proposals further.
Councilmember Boro moved and Councilmember Frugoli seconded, that
the four percent increase in July and two percent in January, and
the benefits, be granted, but no action taken regarding the following
year.
RESOLUTION NO. 8080 - AMENDING RESOLUTION 7494 PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR
MANAGEMENT AND MID -MANAGEMENT EMPLOYEES
(tis amended, for a 4% increase as of July 1,
1989 and 2% increase as of January 1, 1990,
through June 30, 1990 - One year term)
RESOLUTION NO. 8081 - AMENDING RESOLUTIONS7268, 7478 AND 7870
TO INCREASE THE SALARY OF THE CITY MANAGER
POSITION (As amended, for a 4% increase as
of July 1, 1989 and 2% increase as of January 1,
1990, through June 30, 1990 - One year term)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - SR89-23 - APPEAL OF PLANNING COMMISSION'S DENIAL
OF A SIGN ADJUSTMENT TO ALLOW TWO PRIMARY IDENTIFICATION FREESTANDING
SIGNS FOR AUTO DEALERSHIP; 540 FRANCISCO BOULEVARD WEST; GEORGE J.
SILVESTRI, JR., ESQ., SILVESTRI & HOCHMAN, REP. FOR ROLAND BACCI,
OWNER & APPELLANT; AP 13-051-23 (P1) - File 10-11 x 125
Mayor Mulryan declared the public hearing opened.
Planning Director Pendoley briefed the Council, stating that under
the revised Ordinance the applicant may now erect two primary identi-
fication freestanding signs on the dealership site: One, a maximum
of 72 square feet and 21 feet in height; and the other a maximum of
36 square feet, and 14 feet in height. Mr. Pendoley noted that it
had been suggested that the two existing directional type signs on
the site, totalling 32 square feet, be removed to bring the total
on-site signing area down to 158 square feet. It was noted that the
remaining available sign area, 42 square feet, could then be applied
toward the permitted secondary freestanding sign. While the Ordinance
would limit the size of the secondary sign to 36 square feet, the
Council had indicated it might approve an adjustment for the additional
sign area. The Council stated that the 14 -foot height limit must not
be exceeded. Mr. Pendoley noted that staff was including the sign
and sign frame as part of the sign area; however, in reviewing the
file for the existing freestanding Mercedes sign it was found that
only the sign face was included in sign area calculation. Staff has
therefore changed its interpretation. Mr. Pendoley added that staff
recommends the 14 foot height limitation of the secondary sign be
maintained.
Attorney George Silvestri, representing RAB Motors, informed the Council
that the applicant has requested a two -post sign, to be consistent
with the existing sign, and he would like the existing sign to remain
at 21 feet 3 inches, and that the secondary sign be the same height.
Mr. Peter Dodqe, Architect, stated that the proposed sign is out of
scale and seems too small in that setting. He noted that Francisco
Boulevard is at a lower grade than the freeway, and a 14 foot sign
would be quite low and would almost be obscured by the railing as
people drive by. He added that he would argue for the higher sign
so you could see them both as belonging to the one establishment.
Mayor Mulryan closed the public hearing.
Councilmember Frugoli stated that the two -standard sign is better,
and the second sign should be 18 feet.
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Councilmember Boro noted that the Council had just changed the Sign
Ordinance to meet this need, and should abide by it. He stated he
can see no compelling reason to deviate from the Ordinance, and that
another sign at that height would result in clutter. He agreed with
the 218 foot total signage, but stated that the secondary sign should
stay at 14 feet.
Councilmember Thayer stated that a shorter sign would look somewhat
squat.
Councilmember Breiner moved and Councilmember Boro seconded, condition-
ally granting appeal to approve a two -pole sign at the 14 foot height,
with total square footage of 218 feet, and with directional signs
remaining.
AYES: COUNCILMEMBERS: Boro, Breiner and Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli and Thayer
ABSENT: COUNCILMEMBERS: None
Mr. Pendoley stated that staff will bring back a Resolution with Find-
ings (at meeting of November 20, 1989).
17. PUBLIC HEARING - SR89-19 - APPEAL OF PLANNING COMMISSION'S DENIAL
OF A SIGN ADJUSTMENT FOR TWO PRIMARY IDENTIFICATION SIGNS AND SIGN
SIZE; 475 FRANCISCO BOULEVARD EAST; H. VIGLIENZONE, OWNER: JOHN IRISH,
REP. AND APPELLANT; AP 14-152-23 (Pl) - File 10-11 x 125
Mayor Mulryan declared the public hearing opened.
Mr. Pendoley reviewed for the Council, stating that there is no height
issue in this appeal, but noted that the second sign which is the
existing "Nissan" freestanding sign is 59.5 square feet in area, where
36'square feet is permissible, and an adjustment for total sign area
would also be necessary. He stated that signing on the site, under
the appellant's proposal, would total 213.85 square feet, where 200
square feet is permitted. He said signing would consist of the existing
59.5 square foot "Nissan" sign, the requested 72 square foot "Jeep
Eagle" sign and a new 82.35 square foot wall sign reading, "John Irish
Auto Plaza". Mr. Pendoley noted that if the Nissan sign were reduced
to the permissible 36 square foot size the total sign area would be
190.35 square feet. At 45 square feet, the total would be 199.35 square
feet.
Attorney Bill Bernstein, representing the appellant John Irish, informed
Council that they would like the Jeep Eagle sign to be 72 square feet,
and they are willing to lower the Nissan sign to 14 feet.
There being no further public input, the public hearing was closed.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
approve the 213.85 square foot total.
Under discussion, Councilmember Boro said he will vote against the
motion, since he sees no reason to give a variance on a brand new
Ordinance which has just been adopted.
Councilmember Breiner agreed.
Councilmember Frugoli pointed out that the Nissan sign is already
in existence. Councilmember Thayer stated that if the Council makes
the change here, there are only two or three other dealers who might
come forward asking for any type of variance. She pointed out that
this business is an asset to the community.
Mayor Mulryan stated he has a problem with the second sign being as
large as it is.
AYES: COUNCILMEMBERS: Frugoli and Thayer
NOES: COUNCILMEMBERS: Boro, Breiner and Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
Motion failed.
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Councilmember Boro moved and Councilmember Breiner seconded, to deny
the appeal and allow the permitted square footage.
AYES: COUNCILMEMBERS: Boro, Breiner and Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli and Thayer
ABSENT: COUNCILMEMBERS: None
(Resolution with Findings denying appeal to be brought back at meeting
of November 20, 1989).
18. PUBLIC HEARING - UP89-3 - APPEAL OF PLANNING COMMISSION'S DENIAL OF
USE PERMIT'TO ALLOW AUTO DETAILING IN DOWNTOWN (C-2 DISTRICT);
1404 SECOND STREET; CHARLES MITCHELL, OWNER; LENNY LERNER, APPLICANT,
REPRESENTED BY GEORGE J. SILVESTRI: AP 11-252-09 (Pl) - File 10-5
Mayor Mulryan declared the public hearing opened.
Planning Director Pendoley informed Council that this use permit had
been denied by the Planning Commission on September 12, 1989, and
that Attorney George Silvestri, representing Mr. Lenny Lerner the
applicant, had appealed the Commission's action. He stated that Mr.
Silvestri felt the Commission had not paid enough attention to the
applicant's arguments on September 12, after the Commission had previously
heard the item on August 15 without Mr. Lerner in attendance. Mr.
Silvestri also stated that the Zoning Ordinance allows a use permit
for this use, and it is not prohibited by the General Plan, and that
the proposed use is less intensive than the historic use of the property.
With reference to the applicant not being notified, Mr. Pendoley explained
that Mr. Lerner was not notified ten days before the first hearing
because he had failed to list his name and address on the application
form as the project representative, and the property owner was notified
of the hearing date.
Mr. Pendoley stated that the Planning Commission, at the September
12, 1989 hearing, gave its full attention to the application but the
summary was brief because the Commission had already studied the staff
report. Mr. Pendoley then cited the lack of adequate parking for the
intended use, the fact that the work would not be screened but would
be visible to passing traffic, and the buffers and other mechanical
devices would be noisy. Also, vehicles would be backing out onto the
busy one-way Second Street. In response to a question by Councilmember
Thayer, Mr. Pendoley explained the need for extra parking spaces,
since one car would be worked on with others waiting, and the mechanic
would also require a space.
Councilmember Frugoli stated that at first he thought this was not
a good use, but that he hasnever seen a problem with cars backing
out onto Second Street and the parking lot in the vicinity is never
full. He pointed out that the auto detailing use is very different
than a mechanical use with grease and oil.
Attorney Georqe Silvestri referred to the traffic impact, stating
that the historical use of this site was a fix -it shop which would
have in -and -out traffic, and more ingress and egress issues than this
kind of business which would be one car a day. He added that the
traffic noise would drown out the buffer or vacuum noise. He noted
that the applicants have lived upstairs on the premises for several
years. He added that Mr. Lerner feels that a manually operated turnstile
would be feasible so cars would not have to back out. He recommended
that conditions could be imposed, and it could be for only one year's
use.
There being no further input, the public hearing was closed.
Councilmember Boro inquired about the parking analysis and Mr. Pendoley
responded that with one employee it would require four parking spaces.
Mr. Lerner informed Council that people using the upholstery shop
and people living nearby park on the sidewalk. He pointed out that
if he was using the property they would not park there.
Councilmember Boro stated that the most telling part of the picture
is that the use does not seem appropriate in accordance with the General
Plan. He noted if it were enclosed it would be different.
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Councilmember Boro moved and Councilmember Breiner seconded, to direct
staff to prepare a Resolution denying the appeal.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
19. PUBLIC HEARING - Z88-7 - REZONING FROM P -D TO P -D (PLANNED DEVELOPMENT)
DISTRICT FOR A SIXTY UNIT RESIDENTIAL PROJECT - "CENTERTOWN" PROJECT;
855 "C" STREET; CITY OF SAN RAFAEL REDEVELOPMENT AGENCY, OWNER; JAMES
BUCKLEY, REP.; AP 11-254-18 AND 07 (P1) - File 5-1-286 x (SRRA) R-272.
Mayor Mulryan declared the public hearing opened.
Planning Director Pendoley informed Council that this is part of the
larger project, involving a Negative Declaration and the required
rezoning. He described the project, including the architecture, and
pointed out that although there is a shortfall in the parking, additional
parking is available in the neighborhood. He noted that the parking
will be reviewed after 18 months of operation.
Mayor Mulryan stated that this is a fine project and will make the
housing/jobs balance more workable.
Mr. Robert Marx of the Gerstle Park area stated there should not be
a Negative Declaration because there are toxics in the soil and there
should be a title search on the toxics. Also, it will increase
the traffic in the area. He also mentioned the high density, which
he stated results in a high crime rate. He also stated that the tenants
should have a shared interest in buying their project.
There being no further input, the public hearing was closed.
Councilmember Boro stated he feels that the City and the Council had
a goal to have affordable housing within the City, and that we are
very fortunate to have BRIDGE and EAH. Mayor Mulryan agreed, stating
the Council has worked for years for such a project.
Councilmember Boro moved and Councilmember Frugoli seconded, to adopt
the Resolution certifying a Negative Declaration.
RESOLUTION NO. 8082 - CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE
TO AMEND TITLE 14 (ZONING) OF THE MUNICIPAL
CODE FOR REZONING OF PROPERTY LOCTED AT 855
"C" STREET TO P -D (PLANNED DEVELOPMENT) DISTRICT
FOR DEVELOPMENT OF 60 RESIDENTIAL UNITS (AP
11-254-18 AND 07) ("Centertown" Project)
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 COUNCIL 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 -D (PLANNED DEVELOPMENT)
DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (855 "C" STREET) (Z88-7)
(CENTERTOWN PROJECT)"
Councilmember Boro moved and Councilmember Breiner seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1577 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 - TO CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF
SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN
RAFAEL BY ADDING CHAPTER 4.16 RELATING TO THE UNDERGROUND STORAGE
OF HAZARDOUS MATERIALS(FD) - File 9-3-31 x 4-10-167
Mayor Mulryan declared the public hearing opened.
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Fire Chief Marcucci informed the Council that in September of this
year the Governor signed into law, AB 2031, Underground Storage Tanks,
once again allowing cities the option of assuming responsibility for
the management of underground fuel tanks. He stated that since 1986
the County of Marin has been administering the program but the San
Rafael Fire Department has now gained a great deal of knowledge about
underground tank management and the technical aspects required to
effectively manage the program and he feels it is extremely important
that the Fire Department assume this responsibility, especially with
the creation of the Hazardous Material Coordination position. Chief
Marcucci added that he is presently negotiating with the County for
transfer of the responsibility, which he is trying to arrange -for
an effective date of January 1, 1990.
Councilmember Thayer inquired whether there are new innovations to
storing tanks underground, and Chief Marcucci responded that all tanks
have to be in double container, and noted that there are many regulations
regarding tank storage.
Mayor Mulryan closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING TITLE 4 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY ADDING CHAPTER 4.16 RELATING
TO THE UNDERGROUND STORAGE OF HAZARDOUS MATERIALS"
Councilmember Breiner moved and Councilmember Thayer seconded, to
dispense with the reading of the Ordinance in its entirety and refer
to it by title only and pass Charter Ordinance No. 1578 to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REQUEST FOR AUTHORIZATION TO WAIVE PUBLIC BID REQUIREMENT, AND
AUTHORIZE PURCHASING DEPARTMENT TO NEGOTIATE THE PURCHASE OF A
RADIO SYSTEM FOR THE POLICE DEPARTMENT (Gen.Svcs.) - File 4-2-242
x 9-3-30
Police Chief Ingwersen informed the Council that after they had
approved his recommendation for a bid call in January of this year,
he forwarded a request for review and comment on procurement of a
radio system to the Purchasing Division. Chief Ingwersen added that,
due to the technical nature of the project, the Purchasing Division
solicited technical assistance from the Telecommunications Division,
State of California. The Division declined assistance due to other
commitments, and suggested the City obtain third -party assistance
from the private sector. The Purchasing Division then contacted four
vendors of radio equipment to establish their interest in responding
to a request for proposal and three vendors: General Communications/
E. F. Johnson, General Electric and Motorola responded. One vendor,
Empire Communications, declined.
Chief Ingwersen stated that, on the recommendation from the State,
the Purchasing Division engaged the services of Helms and Associates,
Consulting Engineers, of Novato to cover the technical issues surround-
ing the radio system, and development of recommendations for a radio
configuration which could meet the long-term needs of the City.
City Manager Nicolai stated they are considering lease options or
financing from a reserve account in the nature of a loan. She added
they will work out the most favorable arrangement for the City.
Councilmember Breiner stated that it troubles her that drug money
cannot be used for a purpose such as this, and she has been trying
to have the Federal rules changed so that fund could be used for such
a project.
Ms. Nicolai responded that they can purchase individual equipment
for officers working in the drug program, from the drug monies.
SRCC MINUTES (Regular) 11/6/89 Page 8
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Councilmember Frugo_i inquired if this system L.,uld connect with the
other law enforcement agencies in the area, and Mr. Helms responded
that they can integrate with the other systems.
Councilmember Boro stated that it troubles him that the City is going
into this kind of expenditure without a bid. Mr. Helms replied that
there are only three vendors, and they have all evolved their tech-
nology in a different fashion.
Councilmember Boro inquired about E. F. Johnson, and Mr. Helms replied
the firm has been in existence for 65 years. Councilmember Breiner
inquired if San Rafael would be the first Police Department to use
this system, and Mr. Helms replied affirmatively. Mayor Mulryan asked
if that was because of the size of our system, and Mr. Helms responded
that is partly the case.
Councilmember Frugoli inquired who would do the repair, and Chief
Ingwersen responded that the service contract will be with a firm
in Oakland. He added that the larger Police Departments can go with
Motorola and General Electric because they have more than three frequen-
cies. Mr. Helms said that if San Rafael had more than two frequencies
he would not have recommended Johnson.
Councilmember Boro inquired about performance standards being included
in the contract and Mr. Helms replied that performance specifications
are in the report furnished to Denis Selle. Mr. Helms noted that Mr.
Selle has discussed with him the possibility of his monitoring the
proof of performance of the "as built" system.
Councilmember Breiner inquired if it would be logical to have Public
Works on this system, and Ms. Nicolai said she will explore that possi-
bility.
Police Chief Ingweresen stated that there would be a three to six
month time period to get the system on line.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
approve the staff recommendation and adopt the Resolution waiving
public bid procedure.
RESOLUTION NO. 8083 - AUTHORIZING THE WAIVING OF PUBLIC BID PROCEDURE
AND AUTHORIZE PURCHASING DEPARTMENT TO NEGOTIATE
PURCHASE OF SAID EQUIPMENT ON THE OPEN MARKET
WITH GENERAL COMMUNICATIONS/I. F. JOHNSON
CORPORATION (based on a not to exceed budgetary
figure of $560,000.00 one time cost and
$10,000.00 annual recurring operating cost).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1575 - AN ORDINANCE
OF THE CITY COUNCIL 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 PCM (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL)
TO P -D (PLANNED DEVELOPMENT) DISTRICT (1100 ANDERSEN DRIVE) (Z89-11)
(GOLDEN STATE LUMBER) (PI) - File 10-1
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL 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 PCM (PLANNED COMMERCIAL
AND LIGHT INDUSTRIAL) TO P -D (PLANNED DEVELOPMENT) DISTRICT (1100
ANDERSEN DRIVE) (Z89-11) (GOLDEN STATE LUMBER)"
Councilmember Frugoli moved and Councilmember Thayer seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1575 by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Thayer and Mayor Mulyran
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Boro and Breiner (Due to potential
conflict of interest)
SRCC MINUTES (Regular) 11/6/89 Page 9
SRCC MINUTES (Regular 11/6/89 Page 10
23. REPORT ON INTERSECTION OF LAS GALLINAS AVENUE AND DEL PRESIDIO
BOULEVARD (PW) - File 11-1 x 11-5 x 11-10
Traffic Engineer Rumsey reported that there will be relief from the
problems at this intersection when Northgate Unit 1 is completed,
and when the Lincoln Avenue bypass is opened. He noted that both of
these should be done very soon. He stated he is working on the Master
Timing Plan for all intersections in Terra Linda, and they need to
adjust for pedestrians, particularly at Freitas Parkway which is fairly
wide.
Councilmember Breiner inquired if the parking on the east side of
the intersection beyond the service station is going to be removed,
and Mr. Rumsey stated it will be done very soon.
Council agreed with staff's recommendation that the "No Right Turn
on Red" restrictions should remain in place.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
accept the staff report, and to review the area after the two projects
which were mentioned have been completed.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. WORK PROGRAM FOR HOUSING ELEMENT UPDATE (Pl) - File 115 x 10-2
Councilmember Breiner stated she would like to see the Second Unit
Ordinance tightened up for protection of the neighborhoods, in relation
to allowable size of units. She added that a second unit is a privilege,
not a right.
Councilmember Boro referred to page 3, item 5 of the staff report,
regarding emergency shelters and transitional housing within the City,
and recommended that the City come up with its requirements and test
them with the community to see how they tie together.
Councilmember Boro moved and Councilmember Boro seconded, to adopt
the staff report and recommendations therein.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. RESOLUTION OF APPRECIATION FOR LINDA DOWNEY (CM) - File 102
Councilmember Breiner moved and Councilmember Thayer seconded, to
adopt a Resolution of Appreciation for Linda Downey, Administrative
Secretary in the City Manager's Office, who is leaving after twelve
years' service.
RESOLUTION NO. 8084 - RESOLUTION OF APPRECIATION TO LINDA DOWNEY,
ADMINISTRATIVE SECRETARY, CITY MANAGER'S OFFICE
(12 years of service)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEMS
1. VANDALISM OF STREET SIGNS AND GRAFFITI - File 118
Councilmember Breiner asked the Public Works and Police Departments
to be aware of street signs being vandalized in the Peacock Gap and
Point San Pedro Road areas, including graffiti.
2. CITY/COUNTY LIBRARY PROJECT - File 4-13-77
Councilmember Thayer gave an update on the Library Program, stating
that three architectural firms are being considered. A progress report
will be on the November 20th meeting agenda.
SRCC MINUTES (Regular) 11/6/89 Page 10
KIP
SRCC MINUTES (Regula_
346 MOUNTAIN VIEW AVENUE HOME - File 2-7
11/6/89 Page 11
Councilmember Boro informed the Council that the home the City sold
recently at 346 Mountain View Avenue for $340,000 is now being put
up for sale for $425,000. He inquired what the City's obligation is
regarding liability, since the City sold it to one person who is now
reselling to another.
City Attorney Ragghianti responded that, although full disclosure
was made, the City could be named in a lawsuit.
4. B -BAR -A TRAILER RANCH - File 13-7-1
Councilmember Boro referred to a letter received from Don Timmer,
owner of the B -Bar -A Trailer Ranch, and asked what the staff was doing
in response.
City Attorney Ragghianti responded that he had suggested Mr. Timmer
write a letter to the City Council asking whether or not the Mobilehome
Ordinance applied to his trailer ranch, noting that it would be a
Council decision.
Councilmember Boro suggested this matter be on a future agenda.
5. CITY LOGO - File 125
Councilmember Breiner expressed her pleasure with the City logo in
the Redevelopment area, and asked if it can be City-wide, such as
the Terra Linda Recreation Center and Terra Linda Fire Station.
Public Works Director Bernardi replied that it will be. He added
that they are doing the Downtown first, and then will do the rest
of the City, as funds become available.
There being no further business, the meeting was adjourned at 10:30 PM.
�7
JEANNE , LEONCINI, City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
MIsZ:1L']
SRCC MINUTES (Regular) 11/6/89 Page 11