Loading...
HomeMy WebLinkAboutCC Minutes 1988-11-07SRCC MINUTES (Regular) 11/7/88 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 7, 1988. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1a No. 88-25(a) - (#1) - Gary Cordes Vs. City of San Rafael. No. 88-25(b) - (#2). No. 88-25(c) - (#4) No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 7, 1988, 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 Others Present: Pamela J. Nicolai, City Manager; James G. Flageollet, Assistant City Attorney; Jeanne M. Leoncini, City Clerk. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Frugoli seconded, to approve the recommended action on the following Consent Calendar items: Item Recommended Action: 2. Approval of Minutes of Regular Approved as submitted. Meeting of October 3, 1988 and Special Meetings of October 17, 24 and 31, 1988 (CC) 3. Approval of Final Map for "Smith RESOLUTION NO. 7855 - APPROVING Ranch Homes" (PW) - File 5-1-290 FINAL MAP OF SUBDIVISION ENTITLED, "MAP OF SMITH RANCH HOMES" TS87-2 5. Fine Free Week and Canned Food Approved staff recommendation. Drive to Benefit the Marin Com- munity Food Bank (December 12-17, 1988) (Lib/Cult.Affs) File 9-3-61 6. Authorization to Close Library on Saturday, December 24, 1988 (Xmas Eve), and Saturday, Dec- ember 31, 1988 (New Year's Eve) (Lib/Cult.Affs) - File 9-3-61 7. Contract With ABR Associates for Administrative Support of Falkirk Centennial Restoration Community Committees ( Lib/ Cult.Affs) - File 4-3-200 10. Adoption of Resolution Amending Resolution No. 7426 Pertaining to the Compensation for Manage- ment and Mid -Management Person- nel (CM) - File 7-3 x 8-5 11. Zoning Ordinance Work Program (Pl) - File 10-1 x 10-2 Approved staff recommendation. RESOLUTION NO. 7856 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/ABR Assoc. for Pro- fessional Services, thru 10/30/89) RESOLUTION NO. 7857 - AMENDING RESOLUTION 7426 PERTAINING TO THE COMPENSATION AND WORKING CON- DITIONS FOR MANAGEMENT AND MID - MANAGEMENT EMPLOYEES (1 yr. agree- ment from 7/1/88 thru 6/30/89; 3% salary range increase (7/1/88); 2% salary range increase (1/1/89)) Accepted report. SRCC MINUTES (Regular) 11/7/88 Page 1 SRCC-MINUTES (Regular 11/7/88 Page 2 12. Approval of Parking Meter Holi- Approved staff recommendation. day, Including Third and "A" Parking Structure, Beginning Friday, November 25, 1988 to Monday, January 2, 1989 (RA) - File 11-18 13. Request for Leave to Present Late Claim - B. Paul Hernandez (PD) - Claim No. 3-1-1363 14. Claims for Damages: a. Michael & Han Mackintosh (PW) - Claim -No. 3-1-1351 b. Frances M. Balkovich (Rec) - Claim No. 3-1-1367 C. Catherine M. Shovlin (PW) - Claim No. 3-1-1368 Approved Insurance Consulting Associates, Inc. recommendation for denial of late claim application. Approved Insurance Consulting Associates, Inc. recommendation for denial of claim a. Approved City Attorney's recom- mendations for denial of claims b. and c. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Mayor Mulryan abstained from voting on minutes of October 3, 1988 only, and Councilmember Breiner abstained from voting on minutes of October 24, 1988 only, due to absence from meetings. The following items were removed from the Consent Calendar for discussion: 4. RESOLUTION COMMITTING LOCAL FUNDS TO INTERCHANGE IMPROVEMENTS AT BELLAM BOULEVARD/HIGHWAY 101, AND INTERSTATE 580 (PW) - File 11-16 x 8-14 x (SRRA) R-246 Councilmember Frugoli moved and Mayor Mulryan seconded, to adopt the Resolution committing local funds to the Bellam Boulevard Interchange, transferring funds from the Andersen Drive Extension project. Councilmember Boro explained why he intended to vote against the item, stating he feels the matter has not been adequately reported to the Council, and there should have been more specifics when the matter first came up in September. RESOLUTION NO. 7858 - COMMITTING LOCAL FUNDS TO INTERCHANGE IMPROVE- MENTS AT BELLAM BOULEVARD, HIGHWAY 101, AND INTERSTATE 580 AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Boro ABSENT: COUNCILMEMBERS: None 8. RESOLUTION AMENDING RESOLUTION NO. 7825, SETTING NEW BAIL SCHEDULE FOR CERTAIN MUNICIPAL CODE ORDINANCE VIOLATIONS (CA) - File 11-18 x 9-10-2 Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution amending Resolution No. 7825 setting new bail schedules, to add the specific code sections. RESOLUTION NO. 7859 - AMENDING RESOLUTION NO. 7825, SETTING NEW BAIL SCHEDULE FOR CERTAIN MUNICIPAL CODE ORDINANCE VIOLATIONS AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None 9. AUTHORIZATION TO PURCHASE FIVE (5) 1988 PATROL VEHICLES FOR POLICE DEPARTMENT (PD) - File 4-2-230 Mayor Mulryan asked for an explanation of this item, and City Manager Nicolai briefed the Council, stating that five Police vehicles are scheduled for replacement during this fiscal year, and the Police SRCC MINUTES (Regular) 11/7/88 Page 2 SRCC MINUTES (Regular 11/7/88 Page 3 Department has learned that they can purchase five vehicles at this time at last year's prices based on the public bid process through the County of Los Angeles, Cooperative Purchase Program. Steve Snyder Chevrolet has.offered the same car at one half of one percent above the bid obtained by Los Angeles County. These are the same models as last year, which will result in savings on parts replacement. Councilmember Frugoli added that the warranty does not start until the vehicles go on the road. Councilmember Frugoli moved and Councilmember Boro seconded, to adopt the Resolution authorizing purchase of the five patrol cars from Steve Snyder Chevrolet. . RESOLUTION NO. 7860 - AUTHORIZING STAFF TO WAIVE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE PURCHASE OF FIVE POLICE VEHICLES THROUGH STEVE SNYDER CHEVROLET (Unit price $13,230.44, total price $66,152.20) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF VARIANCE FOR CONSTRUCTION OF A DETACHED TWO -CAR GARAGE WITHIN SIDE AND FRONT YARD SETBACKS: 227 JEWELL STREET: B. MOHIT, OWNER: DARYL OLDENKAMP, REP.; MONTECITO NEIGHBORHOOD ASSN., REPRESENTED BY CLIFFORD P. ELBING, APPELLANT; AP 14-031-23 (Pl) - File 10-4 x 227 Mayor Mulryan declared the public hearing opened. Acting Planning Director Curt Johnston briefed the Council, stating that on September 27, 1988, the Planning Commission upheld the Zoning Administrator's decision to conditionally approve the project, which consists of replacement of a 334 square foot one -car garage with a 494 square foot two -car garage. He stated that the new garage would be constructed in the northwest corner of the lot, where a previously existing garage was located. As conditionally approved by the Zoning Administrator, the structure would be nine feet in height and 20 feet in width, which would be one foot higher than the previously existing garage, and six feet higher than the existing adjacent garage. Mr. Johnston added that the garage would be set back a minimum of two feet three inches from the front property line, with a zero setback on the west property line. The architecture and color of the garage would be consistent with that of the adjacent garage, consisting of a flat, tar and gravel roof, white horizontal siding and a sectional garage door. Mr. Johnston further stated that the appellant has based his appeal on two specific items. The first is the visibility of oncoming west- bound traffic on Jewell being lost due to lack of setbacks. Mr. Johnston said that the City's Traffic Engineer finds that the location of the proposed garage will not reduce sight distance at the inter- section. In an effort to further resolve this issue, the Zoning Ad- ministrator approved the variance with a condition that the garage be reduced two feet in width, which would still allow adequate room for two cars and would further reduce the massing of the garage. Mr. Johnston added that the appellant's second concern on which he based his appeal is that future sidewalks will not be possible due to proposed ramps into the garage which is located on Union Street. Mr. Johnston stated that the Public Works Department has reviewed the feasibility of constructing frontage improvements at the subject site, and finds there is every indication that the proposal will not be any more detrimental than what currently exists and would probably be an improvement. Mr. Johnston called the Council's attention to a memo in their packets from the City Fire Inspector indicating that the Fire Department had conducted a driveby inspection of fire apparatus access to the subject property and no difficulties in access were noted. Mr. Johnston noted that this is a steeply sloping lot, and the garage would have to be near the road; also, the existing house would pre- clude putting the garage anywhere else on the lot. SRCC MINUTES (Regular) 11/7/88 Page 3 SRCC MINUTES (Regular 11/7/88 Page 4 Councilmember Breiner stated that esthetics have not been mentioned, and Mr. Johnston responded that the application originally submitted had a pitched roof and was a few feet taller than it is now. Staff had it changed to a flat roof, and the total height now is only nine feet. It is 20 feet wide, which is the minimum for a two -car garage. Clifford Elbing, representing the Montecito Neighborhood Association, then addressed the Council, citing the basis of the appeal. The first item mentioned was the location of the garage on the turning radius of Union and Jewell, with half of the garage on Union and half on Jewell. Mr. Elbing stated this would require the tenants' car to block both streets while they unlock the padlocked garage door, thus preventing traffic flow in either street. Mr. Elbing cited measure- ments from the County Surveyor's Map, showing the narrow roadways, which are further narrowed by parking. He said that sidewalks, curbs and gutters end approximately 100 feet south of Jewell Street on both sides of Union, which forces everyone - young, aged, handicapped - to walk on the street against the flow of vehicle traffic day and night. Mayor Mulryan asked what relationship this information has to the proposed garage, and Mr. Elbing responded they would have to have the ramps extending into the street. He added that he has never seen a car there, nor the garage doors open, but he has seen a light in the garage. The _neighbors feel the garage is being used as a living unit. Mr. Elbing recommended an alternate location for the garage, on the northeast side of the lot, with a ramp down to the garage from Jewell Street. He also recommended that they could have a carport instead of another garage. Mr. Elbing cited the fact that plans for the garage include floor plugs and windows, which further leads him to believe the new garage will also be used as living quarters. Jeff Mulanax then addressed the Council, stating that approving this project would be encouraging nonconforming buildings. He stated when the previous garage was demolished there was evidence that it had been used as living quarters. He said he is very interested in seeing action on the Montecito Neighborhood Plan. He requested that the Council deny the project. Mayor Mulryan asked if there was a complaint filed that the garage was being used as living quarters, and Mr. Johnston responded that the Code Enforcement Officer had inspected the area and there were no cooking facilities and no bathroom. However, there was a cot. Mr. Johnston further informed the Council that this was originally started as an addition to the existing garage. As construction oc- curred the applicant made the decision to remove the existing structure instead of simply adding on to it. The Planning staff told the owners that it needed a variance. Councilmember Boro inquired if the quality of the materials in the plans is above average for a garage, including lights and windows. Mr. Johnston responded that the dry -walling is required by the Uniform Building Code (UBC), and that the wiring is not unusual. He stated that the 712" height is less than required by UBC for habitable struc- tures. Mr. Boro commented that at the time the applicant demolished the original building, he basically lost the "grandfathering" privilege. Councilmember Thayer stated that in that neighborhood, without a Neighborhood Plan, any variance should be carefully scrutinized. She said she will vote against the project, and that she cannot see any economic hardship. Steve Levin, who lives on Broadview, expressed his concern about the garage being converted to a living unit. There being no further public input, Mayor Mulryan closed the public hearing. Councilmember Frugoli felt the site could be monitored easily, as to its use, and that with roll -up doors it would be difficult to live in. He pointed out that if it is used as a garage, it would take two cars off the street. SRCC MINUTES (Regular) 11/7/88 Page 4 SRCC MINUTES (Regular 11/7/88 Page 5 Councilmember Breiner stated she felt the statements made were very persuasive. She felt that having a garage in that location to take cars off the street would not justify it, and that a carport which was set back far enough would be sufficient. Councilmember Breiner moved and Councilmember Thayer seconded, to grant the appeal. Mr. Johnston added that staff will follow up with a Resolution on the Consent Calendar for the next Council meeting. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - TO CONSIDER AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.12 OF THE SAN RAFAEL MUNICIPAL CODE RE DISCLOSURE OF HAZARDOUS MATERIALS (FD) - File 9-3-31 Mayor Mulryan declared the public hearing opened. Fire Chief Robert Marcucci briefed the Council, giving them the legis- lative history relating to Disclosure of Hazardous Material, commencing in August of 1985. He stated that the proposed Ordinance will bring the City into conformance with State requirements and will also strengthen, at local level, several areas which the State law does not adequately cover. These areas are the requirement of a Closure Plan and reimbursement of costs to the City for response to Threatened or Actual Release of a hazardous material. Chief Marcucci stated the recommended Ordinance specifically requires at least sixty days' notice to the Fire Department prior to closure, and that a plan be submitted with specific requirements as indicated in the Ordinance. He stated that presently there is no recourse for the City to be reimbursed for responses to release of a hazardous material. In addition, there are no provisions to be reimbursed for mitigating action where property owners have failed to meet their responsibilities to insure the public that their site is clean of hazardous materials. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, asked for clarification on reimbursing the City for responses to release of a hazardous material, and stated she would like to know what the difference is between that and a fire in a place which has hazardous materials. Chief Marcucci responded that the difference is in the sophistication of the equipment which needs to be used. He explained that they do charge for fires, if they catch someone who has started a fire and they are certain of it. In such cases they send the person a bill. He stated that with regard to hazardous materials, it is very time- consuming and requires a lot of equipment to be used. If there is an accidental spill, the person will not be charged; but if people cause a problem after they have been warned about proper safeguards, the City should not have to absorb those costs. There being no further public input, Mayor Mulryan closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 4.12 OF TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO THE DISCLOSURE OF HAZARDOUS MATERIALS". Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1551 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - TO CONSIDER AN ORDINANCE RE SALE OF CITY -OWNED PROPERTY LOCATED AT 335 FORBES AVENUE, SAN RAFAEL, CALIFORNIA, AP 10-074-11, TO GERRY K. ROBERTSON OF 3020 BRIDGEWAY, SAUSALITO, CALIFORNIA 94965, AS REQUIRED BY ARTICLE VII, SECTION 7, OF THE SAN RAFAEL MUNICIPAL CODE (RA) - File 2-7 x 2-5-18 SRCC MINUTES (Regular) 11/7/88 Page 5 SRCC MINUTES (Regular 11/7/88 Page 6 Mayor Mulryan declared the public hearing opened. Jake Ours, Assistant Executive Director of the Redevelopment Agency, informed the Council that they had a sealed bid opening on October 12, 1988, and that twenty-one bids were received. Mr. Ours reported they received a very good price, $202,650, for the property. There being no public input, Mayor Mulryan closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY LOCATED AT 335 FORBES AVENUE, SAN RAFAEL, CALIFORNIA TO GERRY K. ROBERTSON OF 3020 BRIDGEWAY IN SAUSALITO, CALIFORNIA 94965". Councilmember Thayer 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. 1552 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - TO CONSIDER AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 2, CHAPTER 2.12, SECTIONS 2.12.041 AND 2.12.042 AND ACCEPTING THE REQUIREMENT OF SECTION 13522 OF THE CALIFORNIA PENAL CODE RELATING TO THE TRAINING OF LAW ENFORCEMENT PERSONNEL (RE: DISPATCHERS) (PD)- - File 9-3-30 Mayor Mulryan declared the public hearing opened. Captain Robert Krolak informed the Council that the San Rafael Police Department's participation in the Peace Officer Standards and Training program began in 1960. He stated that legislation which will become effective on January 1, 1989, will allow public safety dispatchers with primary responsibility for law enforcement to also participate in the program. Since the Department is now in the Peace Officer Program, it is eligible to participate in the Dispatcher Program. The Department will be reimbursed for certain dispatcher training costs only if they participate in the Dispatcher Program. There being no public input, Mayor Mulryan closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 2, CHAPTER 2.12, SECTIONS 2.12.041 AND 2.12.042 AND ACCEPTING THE REQUIREMENTS OF SECTION 13522 OF THE PENAL CODE RELATING TO THE TRAINING OF LAW ENFORCEMENT PERSONNEL (Re: Dispatchers)" Councilmember Frugoli 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. 1553 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1550, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING TITLE 3, CHAPTER 3.20 ENTITLED "UNIFORM TRANSIENT OCCUPANCY TAX", SECTION 3.20.030 OF THE SAN RAFAEL MUNICIPAL CODE (Increase From 8 Percent to 10 Percent - Applies Only to Hotel/Motel Charges) - File 9-12 The title of the Ordinance was read: "An Ordinance of the City Council of the City of San Rafael, Amending Title 3, Chapter 3.20 Entitled "Uniform Transient Occupancy Tax", Section 3.20.030 of the San Rafael Municipal Code (Increase From 8 Percent to 10 Percent - Applies Only to Hotel/Motel Charges)" SRCC MINUTES (Regular) 11/7/88 Page 6 SRCC MINUTES (Regular 11/7/88 Page 7 Councilmember Boro moved and Councilmember Thayer seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1550 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner & Frugoli ABSENT: COUNCILMEMBERS: None 20. REPORT ON NEON SIGNS IN DOWNTOWN AREA - File 125 x 10-1 Councilmember Breiner referred the Council to a memo she had prepared, regarding her concern over the proliferation of certain neon signs in the downtown area. She stated that she was told the Planning staff had permitted the signs based on their interpretation of the Sign Ordinance which designated them as "temporary signs". Councilmember Breiner said she asked that the Mayor and other Councilmembers observe some of the window signage in question before they discussed it further. She stated that subsequently she was made aware of a totally different section of the Sign Ordinance which is applicable in this situation, under Section 14.12.03, What is Prohibited. Privileged Signs: If the manufacturer's name and/or emblems exceed one-third of a face of the sign. She stated she had asked the City Attorney about this and that in his opinion those signs are illegal, under the section just mentioned. City Attorney Ragghianti deferred to Assistant City Attorney Flageollet, who had researched the matter. Mr. Flageollet then informed the Council that privileged signs are prohibited and he believes the problem is with the definition of a privileged sign. He stated a privileged sign designates a local retailer, where the usual beer sign identifies a national product. He stated the privileged signs are defined in Section 14.12.100, and it is his opinion that a beer sign does not fall within that description. Mayor Mulryan asked what the beer sign status would be, and Mr. Flageollet replied they would be temporary signs. Mayor Mulryan inquired if this would apply, even if they are there for a long time, and Mr. Flageollet replied in the affirmative. There followed a general discussion regarding various stores in the downtown area, and how their signage would be defined, and which would be considered illegal. Councilmember Breiner stated that if the Council is going to open up the Sign Ordinance for revision, it should be done with a great deal of thought. The definitions should be stronger so they are not vague, and correctly interpreted by the Planning staff. She recommended that other communities' sign ordinances might be a help in definitions. Also, signs supplied by manufacturers could be used but only inside and not visible from the street. Acting Planning Director Johnston said the Planning staff will work on the revisions and bring them back to the Council. Elissa Giambastiani, Executive Director, San Rafael Chamber of Commerce, recommended that Council take time for public input when they are revising the Ordinance. ADD ITEM: RE: LAND MANAGEMENT PLAN FOR OPEN SPACE IN TERRA LINDA - File 13-14-1 Councilmember Boro requested an updated report on the Land Management Plan for Open Space in Terra Linda by the end of the year. There being no further business, the meeting was adjourned at 10:00 PM. �4. JEANNE LEONCINI�ty Clerk' APPROVED THIS DAY OF , 1988 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/7/88 Page 7