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HomeMy WebLinkAboutCC Minutes 1986-03-17SRCC MINUTES (Regular) 3/17/86 Page 1 In Conference Room 201 of the City of San Rafael, Monday, March 17, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a. No. 86-8(a) - #2; No. 86-8(b) - #2; No. 86-8(c) -#2; No. 86-8(d) - #2. No action was taken. In the Council Chambers of the City of San Rafael, Monday, March 17, 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 Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Regular Meetings of February 18, 1986 and March 3, 1986 (CC) 3. Acceptance of Grant Deeds - Extension of Rice Drive (PW) - File 2-5-17 Recommended Action Approved as submitted. RESOLUTION NO. 7309 - ACCEPTING CONVEYANCES OF REAL PROPERTIES FOR FUTURE STREET PURPOSES - EXTENSION OF RICE DRIVE (2 grant deeds from Samuelson, Hornaday & Schafer of San Francisco Business Center; 1 deed for extension of Rice Dr. from DuBois St. to future Andersen Drive Extension; other deed is for intersection corner rounding). 4. Audit of Workers Compensation Approved staff recommendation Claims (Fin) - File 7-1-31 authorizing staff to contract with North Bay Associates for an audit of Workers Compensation Claims Adminis- trator, R. L. Kautz (funds to pay for audit will come from the Workers Compensation Fund) 5. Report on Bid Opening and Award RESOLUTION NO. 7310 - AUTHORIZING of Bid - Truck Mounted Sewer PURCHASE OF ONE (1) TRUCK MOUNTED Rodder (PW) - File 4-2-206 SEWER RODDER UTILIZING EQUIPMENT REPLACEMENT FUNDS (One Aquatech Model #SR -312-39, to Steve Snyder Chevrolet, in amount of $35,812.15, lowest responsible bid that meets specifi- cations). 6. Request for Approval for the Partial Closure of Civic Center Drive from 9:00 AM to 5:00 PM on Sunday, April 20, 1986 for the Eleventh Annual Bicycle Race by the Marin Velodrome Association (PD) - File 11-19 x 9-3-30 Approved staff recommendation. SRCC MINUTES (Regular) 3/17/86 Page 1 SRCC MINUTES (Regular) 3/17/86 Page 2 7. Report on Long Range Plan for Accepted report. Waste Water Transport System Improvements (PW) - File 12-6 8. Request for Authorization to RESOLUTION NO. 7311 - AUTHORIZING Apply for California Arts FALKIRK STAFF TO APPLY TO THE Council Grant to Support CALIFORNIA ARTS COUNCIL FOR A GRANT Cultural Programming at Falkirk TO SUPPORT FALKIRK PROGRAMS AND (Lib/Cult.Affs.) - AND EVENTS (In amount of approximately File 222 x 9-3-61 $10,000) 9. Request for Authorization to RESOLUTION NO. 7312 - AUTHORIZING Apply for an Extension of FALKIRK STAFF TO APPLY TO THE SAN Existing Grant for Cultural FRANCISCO FOUNDATION FOR ADDITIONAL Programs from the San Fran- FUNDING ON EXISTING PROGRAMMING cisco Foundation (Lib/Cult. GRANT (In amount of $24,875) Affs.) - File 194 x 9-3-61 10. Request for Authorization to Contract with Personnel Associates for Classification Studies in the Public Works Department (CM) - File 4-3-160 x 7-3 11. Additional Funding of Liability Reserves (Fin) - File 9-6-1 x 8-5 12. Call for Applications Re Expiration of Term of Fire Commissioner Richard L. Arnold (CC) - File 9-2-5 13. Board of Review (Personnel): (CC) - File 9-2-12 a. Reappointment of G. Kelley Reid, Jr. b. Call for Applications for Alternate 14. Approval of Memorandum of Understanding (MOU) with Terra Linda Orca Swim Team (Rec) - File 4-10-172 x 9-3-65 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7313 - AUTHORIZING SIGNING OF A LETTER AGREEMENT WITH PERSONNEL ASSOCIATES TO CONDUCT AN ANALYSIS OF PUBLIC WORKS POSITIONS AND THE PURCHASING ASSISTANT Finance Director authorized to transfer $400,000 from the Retire- ment Fund to the Liability Fund. Approved staff authorization to a) Call for applications to fill vacancy with deadline Tuesday, April 1, 1986 at 12:Noon in City Clerk's Office; b) Set date for Special Meeting to interview applicants on Monday, April 7, 1986 at 6:30 PM in Conference Room 201 for 4 -year term to expire the end of March 1990. Approved staff recommendation: a) Reappointed G. Kelley Reid, Jr. for 6 -year term to expire end of February 1992, b) Called for applications for Alternate to serve 6 -year term; deadline for receipt Tuesday, April 1, 1986 at 12:Noon in City Clerk's Office; c) Set date for Special Meeting to interview Applicants Monday, April 7, 1986 at 6:30 PM; term to expire end of February 1992 to coincide with other term expiring at the same time. RESOLUTION NO. 7314 - AUTHORIZING SIGNING OF AGREEMENT -RENEWAL OF MEMORANDUM OF UNDERSTANDING WITH TERRA LINDA ORCA SWIM CLUB/1986 (for One Year) Frugoli, Nave, Russom & Mayor Mulryan 15. PUBLIC HEARING - P85-15; DEVELOPMENT AGREEMENT FOR SHORELINE INDUSTRIAL PARK; 1615 FRANCISCO BOULEVARD; CAL-PDX, INC., OWNER; MARTIN BRAMANTE/LEE JORDAN, REPS.; AP 9-320-02 THRU 13; 15 THRU 26, -'AND 32 THRU 39 (P1) - File 6-38 x 10-6 Mayor Mulryan declared the public hearing opened and informed Council that at the request of the Applicant, the public hearing would be continued indefinitely. There being no further comments, Mayor Mulryan closed the public hearing. SRCC MINUTES (Regular) 3/17/86 Page 2 SRCC MINUTES (Regular) 3/17/86 Paqe 3 16. PUBLIC HEARING - UP84-54; APPEAL OF PLANNING COMMISSION DENIAL WITHOUT PREJUDICE OF USE PERMIT FOR RV STORAGE YARD AT SMITH RANCH AIRPORT; SOUTH OF SMITH RANCH ROAD; JOE SHEKOU AND BILL BIELSER, OWNERS; ROBERT M. LEVY, REP.; AP 155-230-08 & 10 (Pl) - File 10-5 Mayor Mulryan opened the public hearing. Planning Director Moore stated that in January 1986, the Planning Commission unanimously denied without prejudice, the use permit application for the RV Storage Yard at Smith Ranch Airport. Council had previously reviewed the matter and indicated its willingness to consider such use on an interim basis and directed the Applicant to secure the same type of approval from the County who is a party to the restrictive covenant. To date, these matters have not been resolved and the one year time limit was coming due. Upon the City Attorney's recommendation to avoid an automatic approval of the project, there was a need to take action. An appeal of the Planning Commission decision was filed in February 1986. Robert Levy, attorney for the applicant, contends that the statutory time limits for processing development applications are tolled during the moratorium. City Attorney Ragghianti and the Planning Commission did not agree with the applicants' representative's conclusions and the City Attorney was not aware of any legal basis for additional waivers to be granted to the applicant. In 1983/84 there was a provision for a 90 day extension which has since been used and there is nothing else allowed in the statutes beyond that time. After discussion, Council stated that once the .Applicant receives his agreement from the County, they could come back to Council for action. Robert Levy, attorney for the Applicant, did not find their direction to be a problem. Hearing no further comment, Mayor Mulryan closed the public hearing. Councilmember Russom moved and Councilmember Nave seconded, to deny the appeal and uphold the Planning Commission's denial without prejudice of use permit for RV storage yard at Smith Ranch Airport, South of Smith Ranch Road, and that upon approval from the County, Applicant to come back to Council for process of the application. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. V85-25; APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE FOR ENCROACHMENT OF EXISTING CLOSET INTO SIDE SETBACK; 29 BRADCLIFF COURT; MR. & MRS. HASKINS/MR. & MRS. FAIBISH, OWNERS & APPELLANTS; AP 15-081- 21 (P1) - File 10-4 Mayor Mulryan declared the public hearing opened. Planning Director Moore recommended to Council that they uphold the Planning Commission's denial of the variance because the Planning Commission was unable to make the three necessary findings for the granting of the variance. The variance was for an addition that was illegally constructed in 1979 which is an encroachment of four feet of a walk-in closet in the master bedroom into the required five foot yard setback. Ms. Moore then highlighted the chronology of events. Gary Oswald, Attorney on behalf of appellants submitted photographs to Council of the closet in question and stated that when the closet was built in 1979, the appellants informed the neighbor, Mrs. Sadler -Frey of their plans and after 30 days Mrs. Sadler -Frey indicated that she had no objection. At later date she then informed the City of the illegal closet stating that a verbal agreement did not count and indicating it was not in writing. Mr. Oswald stated that three real estate agencies involved in the transaction as well as Mrs. Faibisch, indicated that they spoke with Mr. Roy Butts, Code Enforcement Officer for the City of San Rafael, who informed them that there was no particular problem in obtaining a variance for the closet, and that it had a 95 percent certainty that the City would permit the variance. SRCC MINUTES (Regular) 3/17/86 Page 3 SRCC MINUTES (Regular) 3/17/86 Page 4 Ms. Maryann DiLizio, agent for the sellers on behalf of Ann Ladda who was away at that time, stated that she inspected the house taking notes of any problems with the house that should be addressed, and was informed to look at the closet because of a complaint by Mrs. Sadler - Frey. It was suggested that Ms. DiLizio also speak with Mr. Butts who indicated to her that there probably could be a 95 percent chance that it would go through. Ms. Ann Ladda, agent for the sellers, stated that upon her return she was informed of the situation and spoke to Mr. Butts who stated that while he did not guaranty the variance would be granted, indicated that the closet did not affect the health and safety of anyone and was not detrimental to public welfare or that it would create an environmental eyesore. Based on the information given, none of the agents guaranteed the buyers that the variance would be granted. Ms. Janet Arnheiter who represented the buyers, stated that her conversation with Mr. Butts was basically the same as the other real estate agents, and indicated that the present buyers would not have purchased the house if they had not been told that getting a variance for the closet would be a 95 per cent probability. Mr. Haskins, buyer of the house, commented that he and his wife felt victimized by the present situation; that the closet had been standing for six years and because of personal disagreements between the seller and neighbor, it became an issue. The Haskins agreed to close escrow because of information given them from the Planning Department through the realtors that a variance would be easy to obtain. Mr. Roy Butts, Code Enforcement Officer for the City of San Rafael, stated that he did speak with the individuals who spoke earlier, and indicated that basically what was said is true with the exception that he also informed them that three requirements for findings had to be met, and that there would be a possibility that the Planning Commission, Zoning Administrator or the City Council may be able to grant a variance. He also informed them that there were three ways to remove an illegal problem as follows: 1) by removing it themselves; 2) have it legalized by exercising all the administrative remedies; 3) if any of these actions are not met, the City would remove the closet through abatement procedures. Mr. Butts continued to state, that in conversation with Ms. Arnheiter re monies in escrow, that they should proceed with the administrative remedies because of the amount of monies in escrow, and also denied giving a percentage factor for receiving a variance. There being no further comments, Mayor Mulryan closed the public hearing. Planning Director Moore noted that at the Planning Commission meeting, Assistant Planner Tim Tune stated that regardless of what Mr. Butts may or may not have represented to the individuals, Mr. Butts was not available at the meeting, and Mr. Tune indicated to the purchaser's agent, that in his opinion, it was unlikely the variance would be granted. Councilmember Breiner moved and Councilmember Russom seconded, to deny the appeal and uphold the Planning Commission's denial of a Variance for the existing closet in side yard setback at 29 Bradcliff Court. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. DISCUSSION OF PROPOSED URGENCY ORDINANCE RE PLACEMENT OF SATELLITE DISHES - File 9-3-16 x 10-1 Councilmember Breiner stated that there are three satellite dishes on the roof of a building opposite the Civic Center and understood that there would be more buildings with additional dishes. Mrs. Breiner stated that the City has spent time and money to beautify and upgrade the community and that there should be some kind of control of the aesthetics of satellite dishes. SRCC MINUTES (Regular) 3/17/86 Page 4 SRCC MINUTES (Regular) 3/17/86 Page 5 Councilmember Breiner moved that there be no further installation of the satellite dishes and to allow a one month period for staff to review what other communities have done in developing ordinances to allow the Council to meet federal regulations, and the ability to require a use permit or to pass through design review. The motion died for the lack of a second. After discussion, City Attorney's staff was directed to bring back a report for further discussion at next meeting after reviewing other cities' ordinances. 19. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO ESTABLISH A NEW CITY BUSINESS IMPROVEMENT AREA IN THE CITY OF SAN RAFAEL AND TO DISESTABLISH THE EXISTING BUSINESS DISTRICT (RA) - File 224 x 183 x (SRRA) 140-I Assistant Executive Director Ours stated that this is the first step in the formal processing of the Expanded Business Improvement District with a Resolution of Intention to establish the new district which would then come before Council at a public hearing on April 7, 1986. David Hellman, Attorney for the proposed Improvement area, explained that the public hearing on April 7, would be a protest hearing, and stated that extensive mailings have been done with approximately 600 people being contacted personally. RESOLUTION NO. 7315 - RESOLUTION OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO ESTABLISH A NEW CITY BUSINESS IMPROVEMENT AREA IN THE CITY OF SAN RAFAEL AND TO DISESTABLISH THE EXISTING BUSINESS DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. RESOLUTION COMMITTING LOCAL FUNDS TO INTERCHANGE IMPROVEMENTS AT HIGHWAY 101 AND LUCAS VALLEY ROAD (PW) - File 171 x 11-16 x 9-3-40 Public Works Director Bernardi stated that the Resolution reflects the City's commitment of having the project funded and placed in the State Transportation Improvement Plan program. It is a requirement of the State that any State work, even though locally funded as in this case, is to be included in the STIP process. Mr. Bernardi indicated that this is a five year process and, as long as the City continues to commit the funds to build, it will remain in STIP. Also, if the City backs out of the project, it would come off the STIP program because there is no State money earmarked for this project, and it is not subject to the County's priority list because the City is paying for the project. RESOLUTION NO. 7316 - RESOLUTION COMMITTING LOCAL FUNDS TO INTERCHANGE IMPROVEMENTS AT HIGHWAY 101 AND LUCAS VALLEY ROAD AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. FINAL REPORT OF COUNTY -WIDE LIBRARY PLANNING STUDY (Lib) - File 4-13-68 Library Director Stratford stated that in 1983 the six jurisdictions in Marin met to work out a cooperative planning program and hired the firm of Joseph Matthews & Associates to conduct the planning study. The study involved collecting data, developing an overall plan for Marin County service as well as developing standards for public library service. The standards set three levels of performance which differ from traditional standards, taking into account setting standards of excellence and the service population of the library, as well as the library's role and the pattern of service. San Rafael and Novato libraries have been identified as resource libraries which means that while serving our community, they also serve a County -wide role by having indepth collections. In a sense, San Rafael is doing this because it is functioning as the business library for the County. Two major findings are 1) Marin residents are active library users, and 2) SRCC MINUTES (Regular) 3/17/86 Page 5 SRCC MINUTES (Regular) 3/17/86 Page 6 The funding support is below average as compared to other public libraries in California. Recommendations made are: 1) Increasing the book collections (which is unachievable in the present facility). 2) Participation in an integrated automated on-line catalog with other libraries. 3) Replacing the San Rafael public library which is not designed to give efficient service. The library was built in 1908 according to the standards at that time and is too small to meet the current demand. Councilmembers questioned Mr. Stratford on what would be asked of the San Francisco Foundation in reference to developing a Library Building Program, and he responded that it would mean having a document on the physical aspects of a new or renovated building from which an architect would develop plans,including a cost estimate. RESOLUTION NO. 7317 - RESOLUTION AUTHORIZING LIBRARY STAFF TO APPLY TO THE SAN FRANCISCO FOUNDATION FOR A GRANT FOR CONSULTANT SERVICES TO DEVELOP A LIBRARY BUILDING PROGRAM AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM Frugoli, Nave, Russom & Mayor Mulryan 1. RESOLUTION DESIGNATING DAVID M. BERNARDI, DIRECTOR OF PUBLIC WORKS, AS AGENT TO PROVIDE TO STATE AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ALL MATTERS PERTAINING TO STORM DISASTER ASSISTANCE (FEBRUARY 1986) - (PW) - File 9-3-40 x 13-11 RESOLUTION NO. 7318 - RESOLUTION DESIGNATING DAVID M. BERNARDI, DIRECTOR OF PUBLIC WORKS, AS AGENT TO PROVIDE TO STATE AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ALL MATTERS PERTAINING TO STORM DISASTER ASSISTANCE (FEBRUARY 1986) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Public Works Director Bernardi informed Council that they had submitted costs of damages to FEMA and that repairs in the amount of $1.4 million had started. If FEMA covers 75 percent of the costs, the City would need $375,000. There is a request from the County of Marin to the San Francisco Foundation, to cover the other expenses which is subject to negotiation. There being no further business, the meeting was adjourned. .� JEANN LEONCINI, C" ty Clerk APPROVED ON DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/17/86 Page 6