HomeMy WebLinkAboutCC Minutes 1988-02-01SRCC MINUTES (Regular. 2/1/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 1,
1988 AT 7:00 PM.
Regular Meeting
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATION - File 1.4.1.a
No. 88-3(a) - #7. No. 88-3(b) - #2.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 1,
1988 AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Member
Dorothy L. Breiner, Member
Gary R. Frugoli, Member
Joan Thayer, Member
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:
ITEM
2. Approval of Minutes of Regular
Meeting of January 4, 1988 and
Special Joint Meeting with San
Rafael Board of Education of
January 20, 1988 (CC)
3. Dominican Estates Subdivision -
Extension of Time (PW) - File
5-1-259
RECOMMENDED ACTION
Approved as submitted.
RESOLUTION NO. 7674 - EXTENDING
TIME FOR THE COMPLETION OF
IMPROVEMENT WORK IN DOMINICAN
ESTATES SUBDIVISION, SAN RAFAEL,
CALIFORNIA (F.E.W. INVESTMENTS,
as Subdivider, to be extended
to and including August 19, 1988)
5. Resolutions of Appreciation for: RESOLUTION NO. 7675 - RESOLUTION
a. John Dorich, Senior Draftsman OF APPRECIATION FOR JOHN DORICH,
Planning Department, Retired, SENIOR DRAFTSMAN, PLANNING DEPART -
22 Years' Service (Pl) MENT, (retired after 22 Years
File 102 x 9-3-17 of service)
b. Chuck Canada, Recreation
Supervisor, 8 Years' Service
(Rec) File 102 x 9-3-65
6. Six Month Evaluation of Planning
Department Counter Hours (Pl) -
File 9-3-17
8. Claims for Damages:
a. New York Fabrics (PW) -
Claim No. 3-1-1298
b. Keith E. Gash (PW) -
Claim No. 3-1-1301
RESOLUTION NO. 7676 - RESOLUTION
OF APPRECIATION FOR CHUCK CANADA,
RECREATION SUPERVISOR (for 8 years
of service)
Approved staff recommendation,
authorizing continuation of
shortened Planning Department
public counter hours for 6 months.
Approved Insurance Consulting
Associates, Inc., recommendations
for denial of claims a & b.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 2/1/88 Page 1
SRCC MINUTES (Regular. 2/1/88 Page 2
4. REQUEST FOR JOINT POWERS AGREEMENT (JPA) WITH COUNTY OF MARIN AND
CITY OF NOVATO FOR PRELIMINARY ENGINEERING AND PLANNING STUDY OF EAST
SIDE ARTERIAL (PW) - File 4-13-74 x 11-1 x 11-15
Councilmember Frugoli stated that after a workshop held last Friday,
he felt the City of Novato should become more involved with work on
the Engineering and Planning Study because of the number of land parcels
that will be affected in the East side arterial, and asked staff to
address this concern through correspondence with Novato.
Planning Director Moore indicated that Novato is directly affected
because of the upcoming development proposal at Hamilton Field, adding
that Novato is very involved with the study.
Councilmember Frugoli moved and Councilmember Boro seconded, authorizing
staff to draft a Joint Powers Agreement for a Preliminary Engineer-
ing and Planning Study of an East Side Arterial.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. EXECUTION OF ESTOPPEL CERTIFICATE AGREEMENT AND CONSENT TO AN ASSIGNMENT
OF DEVELOPMENT AGREEMENT (SMITH RANCH HILLS DEVELOPMENT AGREEMENT)
(CA) - File 5-1-290 x 9-3-16
Mayor Mulryan asked City Attorney Ragghianti if the City should obtain
a Hold Harmless and Indemnity Agreement.
Mr. Ragghianti stated that in his opinion this document simply is
a security instrument which Tishman is required to give Citicorp in
exchange for a $100 million loan that Citicorp is in the process of
funding for the purpose of constructing the project. He indicated
the only concern of Citicorp was to be able to address this Council
in the event that Council determined the developer was in breach of
the Development Agreement. Mr. Ragghianti stated he modified paragraph
4 because the original language indicated that the City could determine
that the developer was in breach but that if Citicorp did not cure
it, the City would waive that defect, and this is what he objected
to. He stated in his opinion, it is not necessary to have a Hold
Harmless for this agreement because the City really has no part in
it, but was only approving it as to form, stating the obligation is
between the developer and Citicorp.
RESOLUTION NO. 7677 - AUTHORIZING THE SIGNING OF AN ESTOPPEL CERTIFI-
CATE, AGREEMENT AND CONSENT TO ASSIGNMENT OF
DEVELOPMENT AGREEMENT (Smith Ranch Hills Develop-
ment Agreement, between Tishman Speyer Mediq
Marin Limited Partnership, Marin Housing Develop-
ment Corporation, and Citicorp Real Estate,
Inc.)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Mayor Mulryan indicated item No. 10 was being taken out of order at the
request of City Attorney Ragghianti who had to leave the meeting early).
10. PUBLIC HEARING RE ABATEMENT OF DANGEROUS BUILDING AT 1301-1311 FOURTH
STREET (PW) - File 3-3-44
Mayor Mulryan declared the public hearing opened.
City Attorney Ragghianti stated this item is an abatement proceed-
ing pursuant to the Uniform Code for the Abatement of Dangerous Struc-
tures and Buildings. He pointed out that they have been in contact
with the owners of the property as has Public Works Director Bernardi,
and some accommodation with respect to the City's concern about the
safety hazard would be made. Under the provisions of the Uniform Code,
Mr. Ragghianti indicated that in July, 1987, a Notice and Order was
sent to the owner of the property indicating that after inspections
of the premises, it was determined by City personnel that the building
was a dangerous building within the definition of the Code. The owners
were told they had 30 days from and after the date when the Notice
SRCC MINUTES (Regular) 2/1/88 Page 2
SRCC MINUTES (Regulaz 2/1/88 Page 3
and Order was sent to them to file an appeal which they did not do,
but they did contact Mr. Bernardi.
Public Works Director Bernardi indicated the Council was sitting tonight
as the Board of Appeals to consider whether or not the building located
at 1301-1311 Fourth Street is a dangerous structure. He gave background
stating that on July 1, 1987, a fire started on the property to the
immediate West of this property and as a result that building was
ultimately torn down because of the extreme fire damage. The fire
spread into this building and caused extensive damage to the upper
floor and roof. On July 7, 1987 a Notice and Order was sent by the
Public Works Department in accordance with the Code requiring that
the structure be immediately vacated and demolished within 60 days,
and it also specified that if demolition did not commence within that
specified time, the Building Official may have the work done and charge
the cost against the property. The owner was also advised that an
appeal may be made in writing within 30 days of the issuance of that
Notice and Order.
Mr. Bernardi indicated the day after, he received a call from the
property owners' insurance adjuster, who stated that because of diffi-
culties in settling the insurance issue with the company, they were
requesting an additional 60 days. Mr. Bernardi verbally granted his
request, but indicated that upper walls were unbraced and some cornices
were hanging out that needed to be removed immediately. They complied
with the work needed to be done and the time limit was extended to
November 7, 1987.
Mr. Bernardi indicated they did not receive plans which were to be
submitted from the owner so he contacted the insurance adjuster who
had him contact the owners' real estate agent. However, nothing was
received and this public hearing was scheduled because six months
had gone by. Staff hired Mr. Robert Copple, Structural Engineer, who
submitted a letter in which he essentially concurs with staff's findings.
Staff reviewed the building on a number of occasions between July
and now and has detailed comments regarding each specific issue as
outlined in the Uniform Code for the Abatement of Dangerous Buildings.
On January 29, 1988, Mr. Bernardi stated the owners' engineer and
contractor presented a set of demoliton plans for the burned part
of the building and plans for building permits regarding the reconstruc-
tion of the building. Mr. Bernardi told them the plans were incomplete
as submitted because structural and heat loss calculations were not
done.
Mr. Bernardi stated that earlier tonight, he met with Mr. Copple,
the owners and the owners' Attorney, Perry Litchfield, to discuss
what could be done to make the building safe and to address concerns
the City and Mr. Copple had. The owners indicated they would be willing
within three days to brace the upper walls and to take steps to weather-
proof the building. Essentially, a new roof needs to be added to the
building to make it weatherproof. He stated that the roof had to go
through the planning process prior to its reconstruction, that it
had been designated as a historical building, that it is categorized
as good and that it was built in 1888. He also indicated to them that
this matter should also go before the Cultural Affairs Commission,
Design Review Board and the Planning Commission for approvals, and
indicated this would all take time depending upon the completion of
the application.
Mr. Bernardi noted that if, in fact, the Council, sitting as the Board
of Appeals, determines that they will allow the building to be recon-
structed, then there is a six month window in which the property owners
will be going through an approval process before they can actually
start building.
Upon the advice of City Attorney Ragghianti, Fred Vincenti, Senior
Civil Engineer -Land Development was sworn in by City Clerk Leoncini.
Mr. Vincenti indicated that in the week of July lst when the fire
occurred he personnally inspected the building and determined at that
time that in his opinion, the building was a hazard. Since that time
the building has sat vacant, unoccupied, unsafe to enter and posted
by the City. There has been fire debris removed from the building
since the fire, but until the plans mentioned previously
were submitted this last Friday, no rebuilding effort was mounted
SRCC MINUTES (Regular) 2/1/88 Page 3
SRCC MINUTES (Reuglar, 2/1/88 Page 4
by the owner. Mr. Vincenti presented pictures to the Council of the
structure.
He indicated that structural defects met at least eight of the 18
categories listed in Section 302 of the Uniform Code for the Abatement
of Dangerous Buildings, citing Sections 4, 5, 6, 7, 8, 9, 11 and 14.
He noted the roof and ceiling in the building have collapsed. Interior
walls on the second floor have sustained serious fire damage, have
now been exposed to the rain through the winter season, and have deteri-
orated due to the dampness. He stated perhaps at this time, the most
hazardous defect in the building is that the second floor walls are
no longer restrained by the previously existing roof structure. This
lack of restraint causes them to be unbraced laterally which could
lead to their collapse during heavy gusts of wind or a moderate to
heavy earthquake. In addition, there has been glass blown onto the
surrounding sidewalks during periods of heavy winds which could have
lead to serious pedestrian injury. Also, there has been evidence
that the homeless may be using part of the building. A rear stairway
of the building had not been barracaded as of last Friday. In conclusion,
he stated in his opinion, this is a dangerous building as it currently
exists and the hazard should be abated.
Mr. Robert W. Copple, Structural Engineer, was then sworn in by City
Clerk Leoncini. Mr. Copple indicated his inspecton consisted of a
walk-thru of the upper floors, noting he did not have access to the
lower floors, that it was readily apparent there was no bracing at
all, particularly for the exterior walls, and stating it would take
very little to push them over causing them to collapse onto anyone
on the sidewalk and perhaps even damage cars out in the streeet.
In addition, there is the major threat that could come from a large
gust of wind, from an earthquake or perhaps from people occupying
the upper floor throwing something against the walls or removing some
of the very precarious bracing that is there. There are several layers
of roof or floor covering and these conditions will entrap moisture.
Where there is no ventilation of the lower floor, this quickly lends
to conditions that would permit dry rot and decay of the wood, leading
to eventual collapse. Mr. Copple noted this is a long term thing;
it does not happen right away but considering the building has sat
there for seven months in the weather, in that period of time it begins
to be somewhat of a hazard.
Attorney Perry Litchfield, representative of the owners, stated he
could not adequately address the hearing because he had been retained
by his client less than one week ago, and voiced concern about the
lack of timely noticing of the meeting to his clients.
Mr. Litchfield mentioned the conference held earlier this evening
between City staff, Mr. Copple and himself, indicating he hoped they
could move forward with the concept and agreement he thought was reached
concerning the bracing, roof design and actually putting the roof
on within three days.
Mr. Litchfield pointed out the structure would be more economically
feasible to rebuild rather than to tear it down and start over, noting
it is their desire to make the structure safe because it would only
hurt them financially if something were to go wrong; also they did
not want a dangerous building in the downtown area.
In response to Mayor Mulryan's questions why it has taken so long
to get started on this project and when were the insurance proceeds
received, Mr. Litchfield indicated they had received payment only
in the recent past, that they have been awaiting estimates and the
hiring of an architect to get a plan together that would be acceptable
to the City, and that an architect, Mr. Hak Lee, has now been hired.
He noted it was his understanding all of the concerns expressed in
the past were actually addressed, mentioning Mr. Mark Fratkin, insurance
adjuster who had been in contact with Mr. Bernardi. Only recently
were the issues of bracing and roof enclosure brought up.
Mayor Mulryan asked if it was within the power of the City Council
to order the building destroyed based on the evidence presented, and
City Attorney Ragghianti responded affirmatively.
Mr. Ragghianti went on to state that if Council were to find the building
dangerous and order that it be made safe in the opinion of Mr. Copple,
SRCC MINUTES (Regular) 2/1/88 Page 4
SRCC MINUTES (Reguli 2/1/88 Page 5
within three days, that the public interest would be served, and at
the same time require the owners to submit plans to rehabilitate the
building within a certain period of time thereafter. He stated Mr.
Litchfield's clients have known about this problem since July, 1987,
and it is now February, 1988.
Mr. Mark B. Fratkin, President of Adjusters Associates, Inc., who
handled the claim, noted he was asked to attend this meeting to discuss
his conversations with Mr. Bernardi and the technical question of
whether or not a waiver of the demolition order was actually granted.
He stated his clients received a letter from the City demanding that
the property be demolished, and the next day he was asked to respond
to it. In conversation with Mr. Bernardi, Mr. Fratkin stated at no
time was demolition of the entire structure discussed. They did discuss
that all fire damaged portions be removed,including the dangerous
overhang, and all windows on the upper floor be broken out and removed
and the debris hauled away. He indicated the contract was awarded
within one day after their discussion and the work was done.
Mr. Fratkin went on to state that he thought he and Mr. Bernardi had
reached an agreement on the terms that would be required by the City,
which terms he confirmed in writing, indicating in his letter that
if he had not heard from Mr. Bernardi otherwise within 10 days that
he shall assume those arrangements were "OK", noting he did not receive
a response from Mr. Bernardi and therefore assumed the City's acceptance.
He noted all of the water damage conditions would be rectified, based
on the insurance settlement.
Mr. Hak Lee, Engineer and Architect for the owners, stated he inspected
the property and found the lower portions of the property had not
been damaged by the fire; however, the interior finish has been damaged
by water, noting the walls of the upper structure are relatively sound,
except for the areas where it has been burned, and that strong winds
or an earthquake might cause the exterior walls to come down. He indi-
cated if the walls are braced, this would be adequate for the time
being and that any debris from the inside should be removed from the
structure, noting the building has been lightened because of the removal
of the roof.
In response to Attorney Litchfield's question if Mr. Copple believed
that bracing and some type of enclosure would suffice as far as safety
was concerned pending the actual reconstruction of the building, whether
that is all that would be required, Mr. Copple answered affirmatively,
with the proviso that the work be competently done.
Mr. Litchfield indicated he had no further comments to make except
to ask Council to recognize the historical significance of the almost
100 year old building, and that they are proposing to reconstruct
it along the same lines as previously existed, noting it would be
so costly to build "from scratch" that the lot may sit vacant for
a long time and any new structure might be sub -standard based on what
used to be there.
There being no further testimony, Mayor Mulryan closed the public
hearing.
After discussion, Councilmember Frugoli moved and Councilmember Thayer
seconded, that the building, in accordance with the Uniform Code for
the Abatement of Dangerous Buildings, be classified as a dangerous
structure; that within three days, (commencing Tuesday, February 2,
1988), the owners shall apply for and obtain building permits to brace
the upper walls and construct a new temporary roof. The City is to
check that the owner has secured the structure from the public, and
the owners are to submit a complete application to the Planning Depart-
ment for the remodel of said building within 30 days. If the work
is not done, the hazardous building is to be abated.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
In response to Attorney Litchfield's question as to when they may
obtain the permit to start work, Mr. Bernardi indicated as soon as
they get information to the Public Works Department, the permit will
be issued.
SRCC MINUTES (Regular) 2/1/88 Page 5
0
SRCC MINUTES (Regular, 2/1/88 Page 6
PUBLIC HEARING TO SET MARIN SANITARY SERVICE DEBRIS BOX RATES
(Fin) - File 4-3-32
Mayor Mulryan declared the public hearing opened.
Finance Director Coleman stated the purpose of this hearing is for
Council to approve an increase for debris boxes dating back to December
1986. He indicated staff determined that regulation of debris box
rates is within the Franchise Agreement, subject to the approval of
the City Council, adding that the rates have been reviewed by Don
Steger, a City Consultant and Sesto Lucchi, a Las Gallinas Board Member.
He noted if Council approved the rates tonight, two conditions are
to be placed on the approval:
1. Marin Sanitary shall provide one free curbside pickup during 1988
with debris not to exceed two cubic yards; this service is in exchange
for a technical violation of the Franchise Agreement.
2. Marin Sanitary shall be required to have a full study of the cost
of providing each service so that the proper rates can be set for
each service.
Mr. Coleman indicated that in -the past, the City did not evaluate
the cost of each service but only reviewed the company as a whole.
In response to Councilmember Frugoli's question regarding the technical
violation, Mr. Coleman responded that Marin Sanitary Service raised
rates without approval from the City Council.
Attorney Albert Bianchi, representing Marin Sanitary Service, referred
to the technical violation mentioned in the City's staff report, provid-
ing Council with copy of his letter dated September 2, 1986, addressed
to both the San Rafael City Council and the other four agencies they
deal with, which explained their reasons for increasing the rates
for debris boxes. This included the fact that the company had incurred
obligations of some 92 million dollars to provide a waste reduction
facility on Andersen Drive in order to be able to perform the require-
ments of the Marin County Solid Waste Management Plan, and that it
was necessary to come up with an increase quickly to service the loans
on that kind of operation.
Mr. Bianchi indicated his client did not view the increase as a technical
violation, acknowledging,however, that the Council has the ultimate
authority over rates in any event, noting they could adjust the rates
both prospectively and retroactively, and indicating that is what
they thought they were doing.
In response to Councilmember Boro's query as to what happened between
the period of September 1986 and tonight and why it took this long
to determine that the rates were subject to Council approval, Finance
Director Coleman stated he was not aware that the rates were raised
and when he found out, there was a question raised as to whether they
were subject to the Franchise Agreement. He stated it took a few months
to find this information out, and at the time they came in for a rate
increase, staff elected not to cover this issue at that time but to
put it aside until it could be determined how to handle the debris
box issue. Mr. Coleman indicated a separate study was made on the
debris box rates which also took some time above what it would normally
take.
In response to Councilmember Frugoli's statement that he thought that
in 1986 the Council did consider both the garbage rates and debris
boxes at the same time and that the increase was made then, Mr. Coleman
replied normally that is what would happen, granting a rate increase
across the board. However, after this took place, Marin Sanitary
Service stated they wanted a special rate increase granted for their
debris boxes which was not the "norm". Mr. Coleman stated in the past,
if Marin Sanitary came in for a rate increase, staff did not review
the debris box cost as separate from the operation, indicating this
is the first time it has been treated as a separate item.
Mr. Ray Swanson, resident of San Rafael, spoke on the garbage rates
being raised and that he believed the garbage should be burned and
not recycled.
Thre being no further comments from the public, Mayor Mulryan closed
the public hearing.
SRCC MINUTES (Regular) 2/1/88 Page 6
SRCC MINUTES (Regular. 2/1/88 Page 7
After further discussion, Councilmember Frugoli moved and Councilmember
Boro seconded, to adopt the Resolution Authorizing Execution of the
18th Amendment to the Agreement with Marin Sanitary Service.
RESOLUTION NO. 7678 - AUTHORIZING THE SIGNING OF THE 18th AMENDMENT
TO THE AGREEMENT WITH MARIN SANITARY SERVICE,
(to increase debris box rates, effective December
1, 1986, subject to two conditions as listed
in the staff report).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. ORDINANCE PROVIDING FOR AN INCREASE IN COMPENSATION FOR CITY
COUNCIL - File 7-3-2 x 9-1
City Manager Nicolai stated that the California Government Code does
allow for Councils to increase their salaries every two years and
that it must be done subsequent to an election. The proposed increase
recommended tonight is the maximum allowable, which is five percent
per year.
After discussion, Council agreed to pass the Ordinance to print as
amended, increasing their salary by four percent rather than five
percent per year and that it would be retroactive to January 1, 1988.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1522
TO PROVIDE FOR AN INCREASE IN COMPENSATION FOR CITY COUNCIL (Council
to receive a four percent increase per year, Mayor - $649 per month,
Councilmembers - $433 per month, effective January 1, 1988).
Councilmember Breiner moved and Councilmember Boro seconded, to dispense
with the reading of the ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1541 to print by they
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned.
F,
JEANNE M L�ONCINI, C TY CLERK
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 2/1/88 Page 7