HomeMy WebLinkAboutCC Minutes 1988-12-05SRCC MINUTES (Regular) 12/5/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 5,
1988, AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION
No. 88-27(a) - (#2). No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 5,
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; Gary T. Ragghianti,
City Attorney; Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
COMPLAINTS RE 867 PATRICIA WAY - File 13-9 x 100
John Lohberg, a resident of Patricia Way, reported to the Council on problems
at 867 Patricia Way including alleged drug use, a pit bull which has been
declared potentially dangerous by the Humane Society, and an alleged illegal
car repair business which results in motor oil and anti -freeze being dumped
into the storm drains.
The Council referred the matters to the Code Enforcement Officer for prompt
attention, except for the alleged drug problem which is being monitored
by the Police Department on an on-going basis.
Council asked for a report from the City Manager on a limitation of the
number of vehicles per residence.
CONSENT CALENDAR
Councilmember Thayer moved and Councilmember Breiner seconded, to approve
the recommended action on the following Consent Calendar items, with the
exception of the Minutes of the November 7, 1988 meeting. Councilmember
Boro requested that on page 2, Item 4, end of the second paragraph, delete
"...when the matter first came up in September" and add "...about the
alternative sources of funding the Andersen Drive as part of the agreement
to transfer the funds from Andersen to Bellam".
Item
2. Approval of Minutes of Regular
Meetings of November 7 and 21,
1988 (CC)
3. Extension of Lease Agreement
with Dixie School District
re Don Timoteo School (Rec) -
File 4-7-3 x 2-9-16
4. Resolution Approving Amended
"Latchkey" Funds Contract
for $66,684 With State
Department of Education
(Rec) - File 4-10-220
Recommended Action
Approved as amended.
RESOLUTION NO. 7867 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (W/Dixie School District
for extension of lease agreement
for a three-year period, September
1, 1987 to August 31, 1990,
retroactive to the Fall of 1987)
RESOLUTION NO. 7868 - APPROVING
THE 1988/89 "LATCHKEY" FUNDS
CONTRACT WITH THE STATE
DEPARTMENT OF EDUCATION
($66,684.00) (Augmented Contract)
SRCC MINUTES (Regular) 12/5/88 Page 1
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SRCC MINUTES (Regular, 12/5/88 Page 2
6. Resolution Authorizing Applica-
tion for 1988 Park Bond Funds
(Rec) - File 202 x 9-3-66
10. Resolution Amending Resolution
No. 7478 to Increase Salary of
the City Manager Position -
File 9-3-11 x 7-3
RESOLUTION NO. 7869 - APPROVING
THE APPLICATION FOR GRANT FUNDS
FOR THE PER CAPITA GRANT PROGRAM
UNDER THE CALIFORNIA WILDLIFE,
COASTAL, AND PARK LAND CONSERVATION
ACT OF 1988 FOR THE FOLLOWING
PARK PROJECTS:
Terra Linda Rec. Center Playground
Victor Jones Playground
Boyd Park Playground
Pickleweed Park Playground
Gerstle Park Playground
Sun Valley Playground
Oleander Park Playground
RESOLUTION NO. 7870 - AMENDING
RESOLUTION NOS. 7268 AND 7478
TO INCREASE THE SALARY OF THE
CITY MANAGER POSITION (5o increase
as of July 1, 1988 to $70,980
annually, and 5% increase as of
January 1, 1989 to $74,529 annually)
11. Resolution of Appreciation RESOLUTION NO. 7871 - RESOLUTION
to William H. Donnelly, OF APPRECIATION TO WILLIAM H.
Dispatcher/Yard Clerk, DONNELLY, DISPATCHER/YARD CLERK,
Public Works, Retiring 13 Years' PUBLIC WORKS, RETIRING 13 YEARS'
Service (PW) - File 102 x 9-3-40 SERVICE
12. Approval of Subdivision Map
Entitled "Map of Spinnaker
Point Unit 5" (TS86-2) (PW) -
File 5-1-311
RESOLUTION NO. 7872 - APPROVING
FINAL MAP OF SUBDIVISION ENTITLED,
"SPINNAKER POINT UNIT 5"
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. RESOLUTION APPROVING THE SUBMISSION OF A GRANT PROPOSAL BY THE MARIN
CONSERVATION CORPS UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING
AND LITTER REDUCTION ACT (Rec) - File 202 x 9-3-65
Mayor Mulryan stated he would like to explore the possibility of having
containers in shopping centers and similar locations, clearly marked,
where people can drop aluminum cans and like items. He asked if this
had been considered. City Manager Nicolai responded that she would
talk with Joe Garbarino about it.
Councilmember Frugoli suggested that there could be two or three key
locations in the City for drop-off, and Mr. Garbarino's recycling
operation could pick the items up.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
adopt the Resolution approving submission of a grant proposal by the
Marin Conservation Corps.
RESOLUTION NO. 7873 - APPROVING THE SUBMISSION OF A GRANT PROPOSAL
BY THE MARIN CONSERVATION CORPS UNDER THE CALIFOR-
NIA BEVERAGE CONTAINER AND LITTER REDUCTION
ACT
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. RENEWAL OF ONE-YEAR CONTRACT FOR REMOVAL OF ABANDONED VEHICLES FROM
PUBLIC STREETS BY MARIN AUTO BODY (PD) - File 4-3-194 x 9-3-30
Councilmember Breiner stated that she has no problem with the renewal
of the contract, but she feels the City should remind our Senate and
Assembly representatives that we would like a Bill passed so that
the cities would not have to pay for the service.
SRCC MINUTES (Regular) 12/5/88 Page 2
SRCC MINUTES (Regulai 12/5/88 Page 3
City Manager Nicolai stated that she did send a letter to our represen-
tatives, and recommended that the Mayors and Councilmembers could
write as a group, and the individual members write also.
Mayor Mulryan recommended that it should be made impossible for anyone
abandoning a car to purchase another car.
Councilmember Thayer added that she could bring up the subject at
the League of California Cities meeting she was attending this Wednesday.
Councilmember Breiner moved and Councilmember Boro seconded, to adopt
the Resolution authorizing renewal of a one-year contract for removal
of abandoned vehicles from public streets, with Lakeville Crush, Inc.,
dba California Crush.
RESOLUTION NO. 7874 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (With Lakeville Crush, Inc., dba
California Crush, for removal of abandoned vehicles
from public streets - one year agreement from
January 1, 1989 through December 31, 1989) (Formerly
Marin Auto Body)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. RESOLUTION DENYING APPEAL OF VARIANCE AND USE PERMIT FOR THE SECOND
DWELLING UNIT WITH MODIFICATION TO THE USE PERMIT CONDITIONS LIMITING
OCCUPANCY TO TWO ADULT PEOPLE; GRANTING AN EXCEPTION FOR SQUARE FOOTAGE
IN EXCESS OF 1,000 SQUARE FEET AND GREATER THAN 40% OF THE SIZE OF
THE MAIN DWELLING; AND, CONDITIONALLY APPROVING THE ENVIRONMENTAL
AND DESIGN REVIEW PERMIT; 333 DUBOIS STREET; JOHN & CECI SIMONTACCHI,
APPLICANTS; PHILIP & HELEN KEENE, APPELLANTS; AP 13-153-05
(Pl) - File 10-5 x 10-4
Councilmember Thayer said she had a concern about limiting the occupancy
to two adults, that this could preclude a single parent with a child
from occupying the unit.
Councilmember Breiner responded that the purpose of the condition
was not to eliminate children, that it was simply a question of how
the wording is structured.
Councilmember Thayer recommended that staff change the wording.
Mayor Mulryan asked City Attorney Ragghianti if there was a problem
with that, and Mr. Ragghianti stated he recalled that the owner (John
Simontacchi) had acquiesced to Councilmember Breiner's request in
this regard, and that he thought it was two adult persons.
Councilmember Breiner again stated that she did not intend to exclude
children, but that she did not want it to be more than two adults.
Mayor Mulryan suggested changing the wording to "limiting the adult
occupancy to two".
Councilmember Breiner agreed, but stated that she will have to vote
"No", because she had so voted on the appeal.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt
the Resolution denying the appeal, as amended.
RESOLUTION NO. 7875 - DENYING APPEAL OF VARIANCE AND USE PERMIT FOR
THE SECOND DWELLING UNIT WITH MODIFICATION TO
THE USE PERMIT CONDITIONS LIMITING ADULT OCCUPANCY
TO TWO; GRANTING AN EXCEPTION FOR SQUARE FOOTAGE
IN EXCESS OF 1,000 SQUARE FEET AND GREATER THAN
40% OF THE SIZE OF THE MAIN DWELLING; AND
CONDITIONALLY APPROVING THE ENVIRONMENTAL AND
DESIGN REVIEW PERMIT (333 DuBois Street)
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
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9. RESOLUTION DENYING AN APPEAL OF CONDITION (q) OF THE PLANNING
COMMISSION'S CONDITIONS OF APPROVAL REQUIRING PRIORITY PROJECT
PROCEDURE APPROVAL PRIOR TO DEVELOPMENT OF A 10,011 SQUARE FOOT
LIGHT INDUSTRIAL/OFFICE BUILDING: 1555 FRANCISCO BOULEVARD EAST;
ROBERT NOLAN, OWNER AND APPELLANT (Pl) - File 10-7
RESOLUTION NO. 7876 - DENYING AN APPEAL OF CONDITION (q) OF THE
PLANNING COMMISSION'S CONDITIONS OF APPROVAL
REQUIRING PRIORITY PROJECT PROCEDURE APPROVAL
PRIOR TO DEVELOPMENT OF A 10,011 SQUARE FOOT
LIGHT INDUSTRIAL/OFFICE BUILDING AT 1555
FRANCISCO BOULEVARD EAST (ED87-95)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - UP88-24/ED88-15; APPEAL OF PLANNING COMMISSION's
CONDITIONS OF APPROVAL FOR RECONSTRUCTION OF RETAIL/RESIDENTIAL
FIRE DAMAGED BUILDING; 1301/1311 FOURTH STREET; JOE ZABANEH, OWNER
& APPELLANT, REPRESENTED BY PERRY D. LITCHFIELD, ATTORNEY;
AP 11-253-10 (Pl) - File 10-5 x 10-7
Mayor Mulryan declared the public hearing opened, and asked Acting
Planning Director Johnston for a briefing. Mr. Johnston informed the
Council that the design concept being presented is a modified plan
with simplified details as compared with the plan originally approved.
He pointed out that the store front on the corner of "C" Street is
actually recessed. Originally all of the frontage was recessed. Staff
is proposing that the other store fronts have recessed doorways. Mr.
Johnston stated that the trimisa simplified, but high quality design,
and it is consistent with the intent of the Downtown Review District
and Design Review Guidelines, in that the character of the original
is being preserved, but approaching it from a different perspective,
and not attempting to recreate the original structure.
Mayor Mulryan stated it looks like a good building, and what the Council
wanted was for staff and the owner to come together on it.
Attorney Perry Litchfield, representing the owners, stated he had
a few comments to make regarding the conditions. The first was Public
Works Condition (mm) regarding the existing brick foundation of the
building being replaced. He stated that parts of it are in excellent
shape, and he would like the words "modified or replaced as directed
by Public Works". Public Works Director Bernardi agreed to the amendment.
Mr. Litchfield asked that Planning Department Condition (uu) regarding
design review and modifications be retained.
The next condition Mr. Litchfield wanted amerded was Planning Department
Condition (aaa) regarding the roof cresting of 18 inches. He requested
that that reference be deleted since the new design does not contain
that detail.
Mr. Litchfield asked that Use Permit Condition (c) be modified to
include some type of reciprocal provision that Public Works issue
approval or feedback within 15 days from submittal in order to expedite
the project. Mr. Bernardi agreed to this modification. Mr. Litchfield
stated that those are the only conditions with which they are concerned.
Dan Simonsen, Cultural Affairs Commission Chairman, stated that the
Commission has studied this project but have not seen this revision
and cannot make a judgment on it. He stated he feels the Cultural
Affairs Commission is being circumvented, which is not appropriate
at this time. He stated they are meeting this coming Thursday evening
and would like to study it.
Mayor Mulryan responded that this project has been pending since July
of 1987 and there have been many delays for a variety of reasons,
and the Council feels they should make a decision.
SRCC MINUTES (Regular) 12/5/88 Page 4
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Councilmember Breiner suggested that the new design could be sent
to the Cultural Affairs Commission as a courtesy, but that the Council
must move forward at this meeting. She recommended that the changes
should be shown to the Commission and they should be told why they
were made.
Councilmember Boro agreed, saying that the building is an eyesore
and safety hazard, and there are also financial considerations. He
stated that what convinces him to vote for the project is that something
will happen on the site within 60 days.
City Attorney Ragghianti informed the Council that one alternative
available is to grant the applicant's appeal and approve the project
as modified.
There being no further comments, Mayor Mulryan closed the public hearing.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
uphold the appeal and approve the project as modified.
Before the vote, City Attorney Ragghianti informed the Council that,
if this be the Council's intent, a formal Resolution should be prepared
by the Planning Department to be on the Consent Calendar on December
19, 1988. This was added to the motion.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. REPORT ON CAPITAL IMPROVEMENT PROGRAM (PW) - File 8-5 x 9-3-40
City Manager Nicolai complimented and thanked Assistant Public Works
Director Lloyd Strom on gathering the data and putting it into the
computer. She stated that as the program proceeds and priorities are
established the computerized report will be of tremendous assistance.
She stated that the order of listing of the projects does not indicate
any priorities whatsoever. She also stated that not all funding will
come from local sources, and that staff has done a preliminary review
but has no recommendations as yet regarding priorities.
Ms. Nicolai spoke of the possibility of a Council workshop, and mentioned
that as the priorities are developed the document might become a part
of the budget process.
Councilmember Boro stated he thinks this is an excellent job, and
the format is something they can work with as they go forward. Mr.
Boro stated that he has talked to the City Manager about some of his
concerns about this report and how the role of the Citizens Advisory
Committee on Revenue Sources which was just formed would tie together.
He said that hopefully that group of people, who represent a good
cross-section of the City, will look at this report and hopefully
confirm the needs, and give the Council input along those lines as
the Council gets to the priority setting.
Mayor Mulryan agreed.
15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1554, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING SECTION
5.04.020 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD MARTIN LUTHER KING
HOLIDAY TO THE LIST OF PARKING METER HOLIDAYS (CA) - File 11-18
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING
SECTION 5.04.020 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD MARTIN LUTHER
KING JR'S BIRTHDAY TO THE LIST OF PARKING METER HOLIDAYS"
Councilmember Breiner moved and Councilmember Thayer seconded, to
dispense with the reading of the Ordinance in its entirety and to
refer to it by title only, and adopt Charter Ordinance No. 1554 by
the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 12/5/88 Page 5
S.RCC MINUTES (Regulai 12/5/88 Page 6
16. DISCUSSION OF NEON SIGNS - File 125 x 10-1
Councilmember Breiner informed the Council that she realized this
matter was referred back to staff, but that in discussion with members
of the Chamber of Commerce she felt it was advisable that there be
some input from the Merchants Association and the Chamber. Mrs. Breiner
wondered if there should be a committee, as there was ten years ago,
to review the Sign Ordinance and give their views. Because of the
Priority Projects Procedure, she realized the Council and staff could
not work on it for a while.
After discussion, the Council agreed that the item should be brought
back for further discussion in 90 days.
17. CONSIDERATION OF PROPOSED TREE ORDINANCE PRESENTED BY NED TURKINGTON,
SAN RAFAEL CITIZENS TREE COMMITTEE - File 9-2-10 x 115
Attorney William Bullard, representing Mr. Ned Turkington, stated
that the Council will probably wish to refer this proposed Ordinance
to staff. He said he had been approached by Mr. Turkington and Mrs.
Mary Carpou about drafting such an Ordinance. He informed the Council
that there are a number of municipalities which have adopted such
ordinances and he has drafted a similar one for the City of E1 Cerrito.
The proposed Ordinance provides private remedy, and goes through Media-
tion Services before the people could file a claim with the City.
Mayor Mulryan stated he appreciates the minimizing of the City's polic-
ing, and the Council will refer the Ordinance to staff to report back
with appropriate recommendations.
City Manager Nicolai stated she will confer with City Attorney Ragghianti
and Acting Planning Director Johnston as soon as possible re tree
preservation as well as view preservation with time frames and impact
on staff.
Councilmember Breiner stated she would like to see the other similar
ordinances adopted by other cities, and how long they have been in
effect, and whether they have had problems.
Mayor Mulryan asked that a report be given at the December 19, 1988
meeting.
18. EAST SAN RAFAEL NEIGHBORHOOD PLAN WORK PROGRAM (Pl) - File 218
Jean Freitas, Senior Planner, briefed the Council, giving the chronology,
purpose of the work program and its relationship to the General Plan.
She noted that they will be requesting $10,000 for noticing and mailings,
graphics and miscellaneous expenses, and will be requesting additional
funds from the Redevelopment Agency. She also indicated confirmation
of the Neighborhood Advisory Committee will be on the agenda for the
next Council meeting.
Councilmember Breiner stated she was concerned over the amount of
time it will take to put the plan together and Ms. Freitas responded
that the public hearings could be limited.
Councilmember Boro stated he was pleased with the staff report, and
that the size of the Neighborhood Advisory Committee should facilitate
the processing and result in a good deal of input when it reaches
the Council.
Councilmember Boro moved and Councilmember Frugoli seconded, to approve
the Work Program for the East San Rafael Neighborhood Plan.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned at 9:10 PM.
��JEANNE LEONCAINI, ` ty Cler
APPROVED THIS DAY OF 1988
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/5/88 Page 6