HomeMy WebLinkAboutCC Minutes 1986-01-06SRCC MINUTES (Regular) 1/6/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, January 6, 1986 at
7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 86-1 (a) - (#1) Robert Hoffmann/Friends of Spinnaker Point vs. City
Council of the City of San Rafael. No. 86-2 (b) - (#2) and No. 86-3 (c)
- (#2). No. 86-4 (d) - (#2).
No action taken.
In the Council Chambers of the City of San Rafael, Monday, January 6, 1986
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini, City
Clerk; Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Frugoli moved and Councilmember Nave seconded, to approve the
recommended action on the following consent calendar items:
Item
Recommended Action
2. Approval of Minutes of Regular Approved as submitted.
Meetings of December 2, and 16,
1985 and Special Meetings (Closed
Sessions) of December 7, 11, 19 and
20, 1985 (CC)
3. Appointment of City Manager:
a. Resolution Appointing
Pamela J. Nicolai, Effective
December 20, 1985 -
File 9-3-11 x 7-3
b. Affirmation of Confidentially
of Closed Sessions - File 9-1-2
4. Statement of Disclosure -
Pamela J. Nicolai, City Manager
(CC) - File 9-4-2 x 9-4-3
5. Resolution of Appreciation -
Rusty Williams, Parks Division
Retired, 20 Years Service (PW) -
File 102 x 9-3-66
RESOLUTION NO. 7268 - RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPOINTING PAMELA J.
NICOLAI, CITY MANAGER, EFFECTIVE
DECEMBER 20, 1985 (at a salary of
$5,000 per month)
Accepted affirmation.
Accepted statement.
RESOLUTION NO. 7269 - RESOLUTION
OF APPRECIATION TO RUSTY WILLIAMS,
RETIRED, 20 YEARS SERVICE IN THE
PARKS DIVISION.
6. Resolution of Findings - Appeal of RESOLUTION NO. 7270 - RESOLUTION
Handicapped Access Requirements - OF THE CITY COUNCIL OF THE CITY OF
4050 Redwood Highway (PW) - SAN RAFAEL (IN ITS CAPACITY AS
File 13-1-1 BOARD OF APPEALS) GRANTING APPEAL
FROM STATE ACCESS REQUIREMENTS -
4050 REDWOOD HIGHWAY.
7. Approval of San Rafael Redevelop- Approved Redevelopment Agency's
ment Agency Annual .Audit and Annual Report from July, 1984 to
Report for July 1984 to June June, 1985, to be forwarded to the
1985 (RA) - File 140 x (SRRA) R-62 State Controller.
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SRCC MINUTES (Regular) 1/6/86 Page 2
8. Call for Applications to Fill
Vacancy on Cultural Affairs
Commission Due to Resignation
of Georgia Page (CC) - File 9-2-24
10. Report on Business Improvement
District (Fin) - File 183
12. Request for Approval of Letter
to Support to Bay Area Soft Drink
Bottlers Association for Financing
of Plastic Soft Drink Bottles
through Marin Recycling and
Resource Recovery Service (CM) -
File 13-2 x 4-3-32
13. Claims for Damages -
c. Joseph Estournes (PD) -
File 3-1-1035
d. Matthew C. Delaney (PD) -
File 3-1-1036
Approved recommendation that
Council call for applications to
fill vacancy_ on Cultual Affairs
Commission, with deadline for
receipt of applications set for
Tuesday, January 28, 1986 at
12:00 Noon in the City Clerk's
Office, Room 209, City Hall; Set
interviews for Special Meeting,
February 3, 1986 at 6:45 PM, to
fill unexpired term to the end of
April, 1989.
Accepted financial reports and
authorized Finance Director to
release the funds to the Business
Improvement District ($6,261.82)
Approved the Mayor's request
for endorsement of a letter of
support to the Bay Area Soft
Drink Bottlers Association.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
e. Jacqueline (Delaney) Clementz (PD) -
File 3-1-1038
f. Robert L. Stephenson (PW) -
File 3-1-1041
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. RESOLUTION APPROVING CONSTRUCTION OF PEDESTRIAN WALKWAY ADJACENT TO "D"
STREET AND AUTHORIZING SUBMITTAL OF APPLICATION TO MTC (PW) -
File 11-7 x 9-3-40
Mayor Mulryan asked Public Works Director Bernardi for a brief
background on this item, and Mr. Bernardi stated that Urban Thoroughfare
Funds have been received in amount of $25,000 and staff will ask for the
release of the funds from the Metropolitan Transportation Commission
(MTC). Also, a match of local funds will need to be provided and this
will be coming from Gas Tax Revenue; the Resolution authorizes the
project, committing the $5,000 matching funds and authorizes staff to
submit the application to MTC for reimbursement. Mr. Bernardi noted
that the project consisted of construction of an asphalt walkway up "D"
Street from Antonette Avenue to the top of the hill to join the one the
County built a number of years ago.
RESOLUTION NO. 7271 - RESOLUTION AUTHORIZING THE FILING OF A CLAIM WITH
THE METROPOLITAN TRANSPORTATION COMMISSION FOR
ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS
FOR FISCAL YEAR 1986 - 1987, FOR CONSTRUCTION OF
WALKWAY ALONG EAST SIDE OF "D" STREET FROM
ANTONETTE AVENUE TO THE CITY LIMITS (IN THE AMOUNT
OF $25,000), and Authorizing $5,000 in Matching
Funds from Gas Tax Revenue.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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11. REPORT ON COMMUNICATION FROM MARIN COUNTY MEDIATION SERVICES RE RENT
NEGOTIATIONS WITH CONTEMPO MARIN AND THE DeANZA CORPORATION (CM) - File
13-16 x 9-2-29
Mediation Services' Case Coordinator Eleanor Spater thanked
Councilmembers Frugoli, Russom and Nave, including Supervisor Robert
Roumiguiere, for their help in negotiating a rental settlement with the
DeAnza Corporation and residents of Contempo Marin.
Mayor Mulryan thanked Ms. Spater and the Councilmembers who worked on
the settlement.
13. CLAIMS FOR DAMAGES -
a. Donald Wayne Martz (PD) - File 3-1-1010
City Manager Nicolai explained that this case concerned a Police
officer going through an intersection.
Councilmember Frugoli moved and Councilmember Russom seconded, to
approve Insurance Consulting Associates, Inc. recommendation for denial
of claim.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. William Luft (PW) - File 3-1-1031
Mayor Mulryan stated that this item would be discussed in Closed
Session.
14. PUBLIC HEARING - UP85-83; APPEAL OF PLANNING COMMISSION'S DENIAL FOR
RETAIL SALES USE; 30 CASTRO AVENUE; GERARD RHINE, OWNER; E. KOPSTEIN/M.
LIEBERMAN, TGM CORP.; REP. & APPELLANT; AP 9-191-23 (Pl) - File 10-5
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that the site is a 27,000 square foot lot
developed with a 10,000 square foot multi -tenant building with limited
parking appropriate for an industrial type building. The General Plan
identifies the area as a business and industrial area and the Draft East
San Rafael Neighborhood Plan identifies this area and surrounding
properties as office and industrial use. The Applicant submitted a Use
Permit application for retail sales of ski equipment and sporting goods
within an 800 square foot portion of the building. The Applicant also
contends that there would be no intensification of traffic, proposing to
open after 6:00 PM and that there would be adequate parking. They
further suggest that the Draft Neighborhood Plan be changed as far as
land use designation is concerned and propose that these properties on
Castro be designated for the higher intensity retail use. A completed
environmental review has not been done because staff indicated that
there is a potential for cumulative adverse traffic effects if this type
of intensification were allowed.
Ms. Moore continued to state that the difficulty with the Draft
Neighborhood Plan in this proposal is that the proposed retail use is
not consistent with the traffic allocation limits or the land use
designations. This particular land use designation has never been
discussed at any length or indication made that there is unhappiness
with the land use designation except from the Applicant.
Staff concluded that the proposal to mitigate the intensification of the
traffic impact issue by not opening before 6:00 PM is unworkable
because there would be no way to distinguish the 800 square feet of
retail space from the ongoing wholesale warehouse operation.
Staff is against expanding the general retail designation to include
this property and the surrounding similar properties because of the high
traffic generation. There also is a clear preference for neighborhood
retail -commercial.
Mayor Mulryan called for the Appellant or anyone else who wished to
address the item.
SRCC MINUTES (Regular) 1/6/86 Page 3
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Ms. Nancy Mosk, Vice Chair of the Canal Community Alliance Board of
Directors spoke in opposition of the appeal.
As no one else asked to speak, Mayor Mulryan closed the public hearing.
Councilmember Nave moved and Councilmember Breiner seconded, to deny the
appeal and uphold the Planning Commission Denial without Prejudice of a
Use Permit for retail sales at 30 Castro Avenue and directed staff to
prepare a Resolution of Denial to be brought back at the meeting of
January 20, 1986.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - URGENCY ORDINANCE - DOWNTOWN HOUSING CONSERVATION (Pl)
- File 13-16 x 10-6
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that this matter did not need to be
considered as an Urgency Ordinance, and that it was brought to Council
as a result of the November 18, 1985 meeting when Council was concerned
about the potential loss of the City's affordable housing stock in the
downtown area because of the amount of housing units located in the C-2,
C-4 and M Districts where there are no discretionary permits to demolish
residential units or convert residential units to another use.
Staff then looked at practical ways of implementing regulations giving
the City some discretion as to whether such conversions and demolitions
should proceed. It was found that a special overlay zoning district
could be prepared that would apply only to a specified downtown area,
but it soon was apparent that an easier way to deal with this would be
to add to the commercial and heavy commercial and manufacturing
districts in San Rafael, a requirement that demolition and/or conversion
of residential units be subject to use permit control. There are over
200 residential units in the commercial and manufacturing districts
outside of the downtown area which would be subject to potential loss
through demolition or conversion.
Staff recommends that the zoning ordinance be changed in a way that
conversions and demolitions of residential units in the non-residential
zoning district be subject to use permit control. It is also proposed
that there be several exemptions to make the ordinance practical to
implement any building declared an eminent danger by the building
official that could not be corrected would be exempt as would an owner's
choice to eliminate a previously approved second dwelling unit, and the
City would not be precluded from abating illegal dwelling units.
Mayor Mulryan closed the public hearing.
Both Councilmember Frugoli and Councilmember Nave suggested that no
action be taken tonight and that the item be brought back at a later
meeting.
After discussion, Councilmember Breiner moved and Councilmember Russom
seconded, to have the item postponed for City Council Meeting of
February 3, 1986, to allow notice on the recommendation of staff that
the City Council will be considering both the approach to the housing
conservation overlay district in the downtown area and overall approach
to zoning ordinance with specific cross references in the Sections for
the C-2, C-4 and M districts requiring use permit approvals for
conversion or demolition.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Public hearing for February 3, 1986 to be re -noticed.
SRCC MINUTES (Regular) 1/6/86 Page 4
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16. REQUEST FOR ADDITIONAL FUNDING FOR ENGINEERING SERVICES - MAINTENANCE
DREDGING OF SAN RAFAEL CANAL (PW) - File 12-10 x 8-5
Public Works Director Bernardi stated that Council authorized $10,000
for the hiring of Michael Cheney as an Engineering Consultant for the
dredging of the San Rafael Canal. To date, the outer channel has been
approved for dredging and will be dredged sometime in the Spring and
that finding an appropriate disposal site for the dredging of the inner
channel is being worked on.
Mr. Bernardi noted that the request for an additional $10,000 is to
continue to have Mr. Cheney as consultant to assist staff in the
developing of the disposal site and to work with the Corps of Engineers.
Councilmember Breiner asked for the status of Mr. Cheney's services, and
Mr. Bernardi responded, stating that much time was spent in working with
the Corps of Engineers to convince them that this is not just a
recreational channel but also a commercial water based facility and that
the canal needs to be dredged in order to maintain the viability of its
marine uses. Mr. Cheney has also been working with the Federal Wildlife
Agencies on the disposal site in San Pablo Bay, and traveled to
Washington to lobby on the City's behalf.
Mr. Bernardi indicated that some of the property owners are trying to
form an assessement district to dredge the part of the canal that is
beyond the Federal channel, and Mr. Cheney is also involved in doing the
"front" work for this matter.
Councilmember Nave moved and Councilmember Frugoli seconded, to approve
the staff recommendation that Council, by motion, appropriate an
additional $10,000 from the Revenue Sharing Fund (Canal Levee
Improvements Project) for the continuation of engineering services with
Michael Cheney.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1522 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL PROVIDING FOR AN INCREASE IN COMPENSATION FOR
CITY COUNCIL - Flle 7-3-2 x 9-1
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR AN INCREASE IN
COMPENSATION FOR CITY COUNCIL"
Councilmember Breiner moved and Councilmember Frugoli seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1522 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1523 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL, AMENDING TITLE 2.08.160 OF THE SAN RAFAEL
MUNICIPAL CODE, ENTITLED "SALARY OF THE CITY ATTORNEY" (CA) -
File 9-3-16 x 8-5 x 7-3-2
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING
TITLE 2.08.160 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "SALARY OF THE
CITY ATTORNEY"
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1523 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 1/6/86 Page 5
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19. COUNCIL CONSIDERATION OF ADOPTION OF TEMPORARY PAUSE IN APPROVALS OF
DEVELOPMENT PROJECTS (CA) - File 10-2 x 115 (Verbal)
Mayor Mulryan commented that this was an item of wide significance in
the community, and that a lawsuit has been filed against the City
concerning the City's General Plan not being consistent with current
State requirements. He noted that the Council would be taking a
temporary step on the matter this evening, and that a public hearing
would be scheduled for the City Council meeting of January 20, 1986 to
give full consideration and debate on the merits of an Ordinance.
City Attorney Ragghianti then stated that because of the litigation
filed against the City concerning the state of the City's General Plan,
the Council, under current California Law, has the right to impose an
immediate freeze on the issuance of all building permits, zoning
approvals, subdivisions and other land use entitlements. He recommended
that Council follow through on the freeze and direct the City Attorney's
office in conjunction with the Planning Department to present a draft
Urgency Ordinance to Council at the January 20, 1986 Council meeting,
pursuant to Government Code Section 65858, for the purpose of conducting
a public hearing on the Ordinance after appropriate notice has been
given and for the further purpose of considering what exemptions, if
any, that the Council deems appropriate, necessary and legal to the
Ordinance. He stated that Government Code Section 65858 permits, after
notice, the adoption of an Ordinance good for no longer than 45 days.
He went on to explain that prior to the expiration of the 45th day, the
Council may again, after public notice and public hearing, continue that
Ordinance in full force and effect for up to an additional 22 months, 15
days. A four/fifths vote is required to adopt Urgency Ordinances.
Mr. Ragghianti indicated that exceptions or exemptions to any such
Ordinance would be set forth by the City Attorney's office for Council's
consideration at the public hearing.
After discussion, Councilmember Breiner moved and Councilmember Russom
seconded, to approve the recommended motion worded by City Attorney
Ragghianti, that there be an immediate freeze imposed commencing January
7, 1986, on the issuance of building permits, zoning approvals,
subdivisions, and/or any other land use entitlement, and that the freeze
continue in full force and effect and that no such permits be issued to
anyone for any reason until January 20, 1986, when Council convenes
again to discuss in public session the Ordinance which the City Attorney
will prepare.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan indicated that Council would meet in closed session of a
workshop nature one week from tonight because of the litigation, to work
out thoughts on the exemptions, and that copies of the proposed
Ordinance hopefully would be available for the public well in advance of
the public hearing on January 20, 1986.
At the suggestion of Councilmember Breiner, Mayor Mulryan requested that
all interested parties submit any requests for exemptions in writing to
the City.
20. COUNCIL DISCUSSION RE PROPOSED AGENDA FOR COUNTYWIDE PLAN ADVISORY
COMMITTEE MEETING OF JANUARY 16, 1986 (Pl) - File 191
Councilmember Breiner stated that she would be attending the upcoming
Countywide Plan Advisory Committee meeting on January 16, 1986, and
asked for direction from the Council.
Council indicated agreement with the County Planning staff's three
recommendations to the Board of Supervisors as listed on page 2 of the
County Planning Director's report to the Board. Planning Director Moore
indicated she would also be attending the meeting with Councilmember
Breiner.
SRCC MINUTES (Regular) 1/6/86 Page 6
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21. REORGANIZATION AND RECLASSIFICATION OF FINANCE DEPARTMENT CLERICAL STAFF
(FIN) - FILE 8-5 x 9-3-20
Finance Director Coleman stated that this was a two-part request; 1)
creating a promotional position in the Finance Treasury section that was
needed for sometime of Senior Cashier Clerk; 2) internal adjustment for
other clerical positions to be aligned with the Secretary I position.
Councilmember Frugoli agreed that there is justification in the requests
for promotion and salary changes, but voiced concern about having these
requests in mid year.
City Manager Nicolai responded stating that she also did not favor mid
year changes but that there was an inequity situation and staff felt
that timing was right to take corrective action in advance of budget
sessions and recommended this exception.
Councilmember Russom indicated that according to the comparison chart,
the City of San Rafael continues to be very low in comparison to other
cities for the job classifications shown.
Ms. Nicolai stated that when comparisons are done outside Marin County
and the Bay Area in general, the City of San Rafael's salaries are found
to be in the lower half, and recommendations are not made purely because
of salary surveys, but whether recruitment or vacancy problems are
involved.
RESOLUTION NO. 7272 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING RESOLUTION 7220 PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR
MISCELLANEOUS PERSONNEL (Finance Department -
Clerical Personnel)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7273 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING RESOLUTION 7219 PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR
MISCELLANEOUS SUPERVISORY PERSONNEL (Re Finance
Department - Senior Cashier Clerk)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEMS
1. RISK MANAGEMENT - File 9-6-1
Councilmember Breiner recommended that all participants in city programs
such as child care and park and recreation activities, be required to
sign an agreement in which they would agree to submit to binding
arbitration in the event of any claim against the City due to such pro-
grams and activities.
City Attorney Ragghianti was requested to review the matter and bring a
report back to Council at the meeting of January 20, 1986, to include
response to question about what the exposure could be for personal
liability of City Councilmembers in the event of a judgement against the
City.
2. DISCUSSION RE DESTRUCTION OF LAMBS BY DOGS IN MONT MARIN AREA -
File 4-10-158
Councilmember Russom informed Council that 20 or more lambs had been
killed by dogs that were running loose in the Mont Marin open space
area and inquired as to what could be done to correct the situation.
Public Works Director Bernardi stated that the Humane Society and Marin
County Open Space District are both involved in this matter, and that
when the owners of the dogs are located, the City could confront them
because of the leash law that is in effect in San Rafael.
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There being no further business, Council adjourned to closed session to
discuss claim No. 3-1-1031, William Luft (PW), and reconvened in open
session and denied the claim.
J N- M. LEONCINI, City Clerk
APPROVED THE DAY OF 1986
LAWRENCE E. MULRYAN, Mayor of San Rafael
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