HomeMy WebLinkAboutCC Minutes 1988-05-02SRCC MINUTES (Regular) 5/2/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 2, 1988
AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. CLOSED SESSION TO DISCUSS LITIGATION.
No. 88-11(a) - (#2). No. 88-11(b) - (#2). No. 88-11(c) - (#2).
No. 88-11(d) - (#2). No. 88-11(e) - (#2). No. 88-11(f) - (#2).
No. 88-11(g) - (#2). No. 88-11(h) - (#2).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 2, 1988
AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
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 Boro seconded, to approve
the recommended action on the following Consent Calendar items:
Item
2. Approval of Special Minutes of
February 22, 1988 and March 17,
1988 (CC)
3. Resolution for San Rafael High
School Centennial (CM) - File
102 x 9-2-1
4. Authorization to Call for
Bids - Alpine Street Drainage
Improvements (PW) - File 12-9 x
9-3-40
5. Approval of Final Map - Peacock
Court (27 Unit Townhouse Sub-
division) (PW) - File 5-1-309
7. Adoption of State of California
1988 Standard Specifications
and Plans for Construction
Projects (PW) - File 5-1 x
9-3-40
Recommended Action
Approved as submitted.
RESOLUTION NO. 7726 - RESOLUTION
OF APPRECIATION TO SAN RAFAEL
HIGH SCHOOL ON ITS CENTENNIAL
CELEBRATION
Approved staff recommendation
calling for bids; this is a
budgeted project estimated at
$15,000.
RESOLUTION NO. 7727 - APPROVING
FINAL MAP OF SUBDIVISION ENTITLED,
PEACOCK COURT
Approved staff recommendation,
to adopt the State of California
1988 Standard Specifications and
Plans for Construction Projects.
8. Resolution of Findings - Handi- RESOLUTION NO. 7728 - COUNCIL,
capped Access Requirements - (IN ITS CAPACITY AS BOARD OF APPEALS),
734 A Street (Nautilus of Marin) GRANTING APPEAL FROM STATE ACCESS
(PW) - File 13-1-1 REQUIREMENTS - 734 A STREET
(NAUTILUS OF MARIN)
9. Resolution of Findings - Handi-
capped Access Requirements -
406 Las Gallinas Avenue (Beauty
Store and More) (PW) - File 13-1-1
RESOLUTION NO. 7729 - COUNCIL,
(IN ITS CAPACITY AS BOARD OF APPEALS),
GRANTING APPEAL FROM STATE ACCESS
REQUIREMENTS - 406 LAS GALLINAS
AVENUE (BEAUTY STORE AND MORE)
SRCC MINUTES (Regular) 5/2/88 Page 1
SRCC MINUTES (Regula: 5/2/88 Page 2
10. Resolution Authorizing Extension RESOLUTION NO. 7730 - EXTENDING
of Time - Spinnaker Point, Unit TIME FOR THE COMPLETION OF
4 (PW) - File 5-1-279 IMPROVEMENT WORK IN SPINNAKER
POINT UNIT 4, SAN RAFAEL, CALIFORNIA
(Extended to and including October
31, 1988)
11. Sale or Conversion of Salvation Approved staff recommendation,
Army Air Rights to City (Pl) - referring item to the Planning
File 4-10-187 x 10-2 Commission for their recommendation.
12. Adoption of Resolution of
RESOLUTION NO. 7731 - DENYING
Findings Re Denial of Appeal of
APPEAL OF MASTER USE PERMIT FOR
Master Use Permit for Acura
ACURA BUILDING: 1504-1522 FOURTH
Building; 1504, 1510, 1518,
STREET (UP88-14)
1520 & 1522 Fourth Street;
AP 11-202-11 & 14 (Pl) - File
10-5
13. Resolution Recertifying the
RESOLUTION NO. 7732 - RECERTIFYING
Previously Adopted Environmental
THE PREVIOUSLY ADOPTED ENVIRONMENTAL
Impact Report and Extending the
IMPACT REPORT AND EXTENDING THE
Planned Development (P -D) Zoning
PLANNED DEVELOPMENT (P -D) ZONING
of Assessor's Parcel 13-271-29
OF ASSESSOR'S PARCEL 13-271-29
Consisting of 8.0 Acres of Land
CONSISTING OF 8.0 ACRES OF LAND
Located on Irwin Street West of
LOCATED ON IRWIN STREET WEST OF
Bret Harte Village (Pl) - File
BRET HARTE VILLAGE (Extension
10-3
to July 26, 1989)
14. Legislation Affecting San Rafael
(CM) - File 9-1
15. Claims for Damages:
a. Ginette Givone (PW) -
Claim No. 3-1-1332
b. Sherrie Ingrid Noel (RA) -
Claim No. 3-1-1335
Approved staff recommendation:
OPPOSED SB 2092 (Torres) Workers'
Compensation: Cancer in Peace
Officers.
OPPOSED SB 2177 (McCorquodale)
Dismissal of Public Safety Officers:
Standard of Proof.
Approved City Attorney's
recommendations for denial of
claims a & b.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. BID OPENING AND AWARD OF CONTRACT - HANDICAPPED RAMP INSTALLATION
(CURB CUTS) VARIOUS LOCATIONS (PW) - File 4-1-416
In response to Councilmember Thayer's question as to the site locations
of the curb cuts, Public Works Director Bernardi stated they are
located in the Canal and Northgate area with some near the Civic Center
area.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
adopt the Resolution.
RESOLUTION NO. 7733 - RESOLUTION OF AWARD OF CONTRACT - HANDICAPPED
RAMP INSTALLATION (CURB CUTS) VARIOUS LOCATIONS
(To Ghilotti Bros., Inc., low bidder, in Amount
of $12,670)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 5/2/88 Page 2
SRCC MINUTES (Regula: 5/2/88 Page 3
16. REPORT ON 346 MOUNTAIN VIEW AVENUE (PW) - File 2-5-19 x 9-3-40 x 100
Public Works Director Bernardi stated Council directed staff to pursue
three of the alternatives mentioned in the previous staff report of
April 4, 1988. He stated an appraiser looked at Alternatives #2,
#4 and #5 and determined the property value at $100,000.
Mr. Bernardi stated Alternative
entail tearing the house down to
leaving it as open space area.
#2 - Passive Open Space Park, would
perform necessary improvements and
Alternative #4 - Sale to Adjacent Owners. This option is selling the
property to the adjacent property owners at $100,000 but it would
exclude the City's costs to reserve an easement, construct drainage
improvements and tearing the house down.
In response to a question by Mayor Mulryan clarifying Alternative
#2, Mr. Bernardi stated that $100,000 is what the lot would be worth
after the property was repaired.
Alternative #5 - Conditional Sale, is selling the house "as is" to
a developer who would be responsible for remodeling the house in accord-
ance with the City's requirements as well as constructing all the
drainage improvements. The downside to this option, is that the City
loses most of its control over the completion of the project. Mr.
Bernardi stated the resale price of the house is estimated to be $75,000
given the fact that all improvements will need to be constructed as
well as remodeling the house.
An additional option as suggested by Councilmember Breiner, is to
demolish the garage only and allow installation of the drainage faci-
lities along the garage side of the house; a carport of similar
construction could be installed to provide some compatible architectural
connection to the rest of the neighborhood and yet be removable if
the City had to work with the drainage facilities.
Mr. Bernardi stated that the City
rent it to a City safety employee,
if Council decided on this option.
could retain ownership and could
to be determined at a later time
Councilmember Breiner indicated this would be considered only if they
could have total assurance of safety and Council would also be obligated
to monitor the property annually.
Councilmember Frugoli suggested
garage removed, have the carport
and then sell the property, and
He rationalized if the City buys
role.
the City do the remodeling, have the
put on the other side of the house
also retain an easement for repairs.
it, it would be taken off the tax
Mr. Bernardi stated the renovation costs are estimated to be approxi-
mately $263,000, with a sale price on the high side of $350,000 with
net loss at $138,000.
Councilmember Thayer indicated that some of the proposals might not
be viable by next year's rains. She asked what was the quickest action
that could be taken, and Mr. Bernardi responded, to have the house
demolished and sell the property to the adjacent property owners.
Councilmember Breiner stated the City could consider selling the
property at a discount rate, if the adjacent owners were interested
in buying it and if the City had control of access for drainage purposes.
Mrs. Alice Vipiana, respresenting Dominican Black Canyon Homeowners
Association, referred to Alternative 2 - Passive Open Space park,
stating that the majority of the people are in favor of this Alter-
native, but would like to have a fence placed there for the sake of
safety.
SRCC MINUTES (Regular) 5/2/88 Page 3
SRCC MINUTES (Regula_ 5/2/88 Page 4
Alternative 4 - Sale to Adjacent Owners. Mrs. Vipiana stated that
the price was very high and if the price changed, City staff should
speak to the neighborhood about this.
Alternative 5 - Conditional Sale. Mrs. Vipiana stated the concern
is the delay in time, indicating if a builder came in to do the work,
he would need to apply for building permits which could be drawn out
as opposed to the City.
Mrs. Vipiana referred to the additional alternative of demolishing
the garage to allow repair work on drainage. She ascertained from
Mr. Bernardi that the carport would be replaced where the garage is
now in place, therefore the design plans for landscaping is out.
She stated they prefer that the property be reverted back to private
ownership.
Mrs. Sue Bowser, 342 Mountain View Avenue, was concerned about having
the drainage system in before the rains arrive.
After further discussion, Councilmember Boro moved and Councilmember
Breiner seconded, that staff demolish the garage, start the restoration
of the hill and drainage work, and in the process have a risk analysis
done; if the two adjoining property owners are interested in talking
about acquiring the site, they are to contact the City immediately.
Determination to sell or lease the property will be decided upon after
work on the property is completed.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. REPORT ON STREET SWEEPING IN CANAL NEIGHBORHOOD (PW) - File 11-6.1
x 9-3-40
After discussion, staff was directed to contact the Canal Community
Alliance to continue talks regarding participation in a program of
cleaning up the neighborhood to include setting up a test area for
street sweeping with signs posted for a 30 -day trial period to warn
car owners that cars will be towed away and owners ticketed if cars
are not removed for the stated period. Program to be brought back
to Council for approval prior to implementation. Staff to continue
negotiations with San Quentin to obtain workers to clean the streets.
18. DISCUSSION RE PROPOSED LAFCO BILL - File 149
Councilmember Breiner asked Council to oppose SB 2277 (Davis) and
read the following statment: "Counties over the 350,000 population
must employ independent staff, including legal counsel, and may not
occupy a county or other local government building, and that the LAFCo
executive officer would be hired in comparison with state employees".
Mrs. Breiner indicated she did not agree with the proposal and stated
that the original section had no population figure, noting if it had
gone into effect it would have applied to Marin County which would
be very costly and detrimental to LAFCo.
Mrs. Breiner also referred to the bill which states that the "Commission
membership would be shifted to require the supervisor who represents
the area to sit on the commission". She stated by doing this, they
would find a way to remove a supervisor who is used to the process
and replace that person with someone who may not know the purpose
of LAFCO.
After discussion, Councilmember Briener moved and Councilmember Boro
seconded, that Mayor Mulryan send a letter to the California Association
of LAFCOs, stating the Council's opposition to SB 2277.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 5/2/88 Page 4
SRCC MINUTES (Regula? 5/2/88 Page 5
19. DISCUSSION OF COMMUNICATION RE CIVIC CENTER NORTH TRIP TRANSFER
(Pl) - File 5-1-303 x 10-2 x 9-3-17
(Councilmember Frugoli left the meeting due to a possible conflict
of interest.)
Mayor Mulryan indicated Council was being asked to pass a Resolution
which, if passed, would allow the City to make its decision, whatever
it might be, on trip transfers, whenever that decision might be made,
as if the ownership then were as it is now.
Attorney William T. Bagley, representing Mr. Joe Shekou, one of the
owners of Civic Center North, reiterated Mayor Mulryan's explanation,
but took exception to the staff report indicating all this does is
allow an application for trip transfers to be made at a later date.
He stated there is now 50 percent common ownership or control of the
property.
Referring to his letter of April 18, 1988, Mr. Bagley mentioned the
"Catch 22" situation where there is common ownership now, with divestiture
to occur soon on the Civic Center North parcel, and with full ownership
occurring in the future, indicating if Council had delayed approval
of the Civic Center North parcel for a couple of months they would
not have this problem because divestiture would not have taken place.
He stated he is not asking for a decision in advance but instead requesting
a Council statement on May 2, 1988, that whatever the Trip Transfer
Policy is when adopted, that the policy shall be applicable to the
above parcels because of the present common ownership situation.
Mayor Mulryan noted the proposed Resolution asserts a number of times
there is current common ownership and indicated to Mr. Bagley that
Council has no evidence of this.
Mr. Bagley stated when he realized this, he inserted in red on the
draft Resolution this morning the following words as the last sentence
to the Resolution: "BE IT FURTHER RESOLVED, that any implementation
of that policy as to these parcels, including the question of whether
a 50 percent common ownership meets the criteria as adopted, remains
in the full discretion of the Council."
Mayor Mulryan asked Mr. Bagley, if the Council did what he asked,
would the Council be creating a precedent that other property owners
could come to the Council to ask for a trip transfer because six months
previous they were common (ownership) and now they are not but would
like to have the same treatment as if this decision had been made
six months ago.
Mr. Bagley responded that there are no other applicants; therefore
the legal answer would be the Council would not have a specific
Resolution, and the practical answer would be that there are few
circumstances where there would be the time frame that his clients
are facing.
City Manager Nicolai asked Mr. Bagley if Mr. Joe Shekou is a 50 percent
owner of all the properties involved or if he is in contract to purchase
the properties, and will there actually be a time in which he would
not be in common ownership but divested one parcel before he acquires
the other?
Mr. Bagley responded that 50 percent ownership of the Civic Center
North parcel is owned by Mr. Shekou with other adjacent parcels, adding
he has a 50 percent interest in an option that will be exercised shortly,
but not during the period when he still owns the Civic Center North
parcel and indicated that in his original letter and Resolution the
words, "owns or controls 50 percent" are mentioned. He indicated if
Council passed the Resolution and later decided that 50 percent is
not enough, then the Resolution is moot.
Planning Director Moore stated the only concern staff would have in
addition to what is mentioned in the staff report, is that they would
expect to see deals structured along the same lines to transfer trips
among "to be" or perhaps never concurrently commonly owned pieces
of property. She indicated it was that kind of "creativity" and diffi-
culty in keeping track of trips and residential and non-residential
SRCC MINUTES (Regular) 5/2/88 Page 5
SRCC MINUTLS (Regular, 5/2/88 Page 6
trips that led to there being no policy allowing transfer of trips.
She stated it was only because of a few select circumstances where
there was contiguous common ownership that the policy was added to
the draft General Plan by the Planning Commission.
Mr. Bagley stated his client's property is contiguous and common if
the words, "ownership and control" were used, indicating they would
like to come back to Council to address the issue under whatever policy
is adopted.
City Attorney Ragghianti stated in a previous conversation with Mr.
Bagley, he informed him that the concerns of the Council are policy
issues and that he did not think it appropriate that he express any
opinion on the subject. Mr. Ragghianti indicated that the issue was
well framed and that Mr. Bagley argued his point with the Council's
comments speaking for themselves. He stated this is not a legal question
but a policy determination that the Council has to make.
Planning Commissioner Sue Scott stated when this possibility was devel-
oped in the draft General Plan she made the one vote against it.
She indicated it was because it was too "parcel specific" and favoring
one or two against the needs of the general public. Mrs. Scott indicated
one of the strong policies in the General Plan is to reserve any unused
trips for public benefit.
Councilmember Boro stated he did not feel they should prejudice any
of the future hearings on the draft General Plan by making a determi-
nation tonight, and that it would be prejudging and reaching a conclusion
without holding a public hearing.
Councilmember Breiner stated she is not in support of Mr. Bagley's
request because of the statement made by Planning Director Moore.
Councilmember Breiner moved and Councilmember Boro seconded, to accept
the staff recommendation on this issue of the potential trip transfer
as requested by Mr. Bagley concerning Civic Center North, that it
is premature for the Council to consider the request for adoption
of the Resolution.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Frugoli (due to possible conflict of
interest)
20. REQUEST FROM TERRA LINDA HIGH SCHOOL FOR $2,000 FUNDING TO ASSIST
WITH COST FOR ALCOHOL/DRUG FREE GRAD NIGHT PROMOTION (CM) - File
105 x 8-5
(Councilmember Frugoli returned to meeting).
City Manager Nicolai stated a request for $2,000 was received from
some parents in the Terra Linda area wanting to sponsor a drug and
alcohol free graduation party for the students at Terra Linda High
School. She indicated while she is 100 percent behind the concept
and is in support of their efforts, she is reluctant to recommend
City contributions during tight fiscal times with cutbacks the City
has been involved in during the last six months. She recommended endorsing
the concept and asking the community to support it.
After discussion, Councilmember Breiner moved and Councilmember Frugoli
seconded, to fund $200 from the City's General Fund to Terra Linda
High School. Mayor Mulryan also stated he would write solicitation
letters to large business firms to ask for funds toward this cause.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEMS
At the request of Mayor Mulryan, Councilmember Breiner moved and Council -
member Thayer seconded to discuss additional items not on the agenda as
posted.
SRCC MINUTES (Regular) 5/2/88 Page 6
SRCC MINUTES (Regula_ 5/2/88 Page 7
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
`,ABSENT: COUNCILMEMBERS: None
1. REPORT FROM POLICE CHIEF INGWERSEN ON UPDATE OF THE CANAL AREA - File
9-3-30 x 13-9 x 13-14
Police Chief Ingwersen stated a Crime Prevention meeting was held
on Thursday, April 28, 1988, with the Canal Community Alliance at
Pickleweed Park Recreation Center. He noted their goal is to continue
working with the community to address the crime and drug problems
in the Canal Area. Two additional follow-up meetings are planned;
one with the Latino community and one with the Southeast Asian community
who will have interpreters present. Seventy people signed up to form
a Block Captain Neighborhood Watch Group and meetings are in the process
of being scheduled.
Messrs. Jack McDonough, Paul Silva, David Sharrar and Louis Schaparetti,
group leaders, were also present.
Mr. McDonough stated the idea of a Citizens Patrol is a possible logical
mechanisim for implementing a Neighborhood Watch Program and mentioned
that funds would be needed to help their cause.
Mr. Silva noted if funds are not available from the City, that a Resolu-
tion be adopted requesting financial assistance from the State or
County to increase police patrol of the area.
2. DEBATE ON BALLOT MEASURE "C" - CITY ATTORNEY TO BE APPOINTIVE AS
OPPOSED TO BEING ELECTED - File 9-4 x 9-3-16
Councilmember Breiner announced that a debate will be held on Measure
"C" on Wednesday, May 11 at the San Rafael Community Recreation Center
on "B" Street at 7:30 PM. She stated people speaking in favor of the
Measure are: Attorneys George Silvestri, Jr. and Al Bianchi; and Against
the Measure are: Former City Attorney Ed Duggan and a member of the
California State Association of Local Elected Officials, Mr. Jim McLaughlin
3. DATES FOR UPCOMING GENERAL PLAN BUDGET MEETINGS - File 115 x 8-5
Councilmember Boro asked City Manager Nicolai to have the scheduled
dates for the General Plan and Budget Meetings to be held in month
of June brought to Council as soon a possible.
4. AIRSHOW - USE OF CITY STREET SWEEPER - File 9-3-40
Public Works Director Bernardi asked Council if the upcoming Air Show
could use the City's street sweeper since the County of Marin and
the City of Novato's street sweepers are broken.
Council denied request due to the fact that the Air Show is a profit
making venture and also due to the liability question.
There being no further business, the meeting was adjourned.
JEAN '4. LEONCINI,\ City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
•::
SRCC MINUTES (Regular) 5/2/88 Page 7