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HomeMy WebLinkAboutCC Minutes 1986-05-193RCC MINUTES (Regular) 5/ /86 Page 1 In Conference Room 201 of the City of San Rafael, Monday, May 19, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a No. 86-12 (a) - (#1) Timothy Brosnan vs. City of San Rafael et al. No action taken. In the Council Chambers of the City of San Rafael, Monday, May 19, 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 SPECIAL PRESENTATION 2. San Rafael Centennial Youth Commmunity Service Award - File 104-1 Mr. Rex Silvernale presented the San Rafael Centennial Junior Award to Amber Hines and Auburn Milton, and the Senior Award to Kristen A. Thomas for their outstanding service to the community. Mayor Mulryan presented them with a plaque with their names engraved on it to be displayed in each of their homes and returned to the Mayor's office for viewing. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Nave seconded, to approve the following items on the Consent Calendar: Item 3. Approval of Minutes of Regular Meeting of May 5, 1986 (CC) 4. Resolution Approving the Application for Grant Funds Under the Roberti-Z'Berg Urban Open Space and Rec- reation Program (Rec) - File 4-10-20Q 5. Renewal of Two -Year Contract with Book Publishing for Municipal Code Supplements (CC) - File 1-5-1 Recommended Action Approved as submitted. RESOLUTION NO. 7347 - APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM (FOR TERRA LINDA RECREATION CENTER PARK IMPROVEMENTS) RESOLUTION NO. 7348 - AUTHORIZING THE SIGNING OF A CONTRACT WITH BOOK PUBLISHING COMPANY FOR SUPPLEMENTAL SERVICE TO THE SAN RAFAEL MUNICIPAL CODE (Two Year Period - $19.00 Per Page the First Year and $20.50 Per Page the Second Year, Effective May, 1986) 8. Resolution of Appreciation - RESOLUTION NO. 7349 - TO Peacock Gap Garden Club (PW) - PEACOCK GAP GARDEN CLUB File 102 x 9-3-40 (Re Arbor Day Tree Planting project on Kerner Blvd.) SRCC MINUTES (Regular) 5/19/86 Page 1 3RCC MINUTES (Regular) 5i /86 Page 2 9. Request for Authorization Approved staff recommendation to Call for Bids - Peacock authorizing staff to call Gap Neighborhood Park Tree for bids. (Landscape Architect's Planting (PW) - File 4-1-395 cost estimate for Phase II, $20,000). 10. Adoption of Resolution Authorizing Execution of Agreement Between County of Marin, County Service Area #19 and City of San Rafael for Fire Protection Services In and Around County Service Area #19 (FD) File 4-13-37 x 9-3-31 RESOLUTION NO. 7350 - AUTHORIZING SIGNING OF AGREEMENT WITH COUNTY OF MARIN AND COUNTY SERVICE AREA #19 FOR FIRE PROTECTION SERVICES IN AND AROUND COUNTY SERVICE AREA #19 (Four Years, terminating June 30, 1990) 11. Resolution of Appreciation - RESOLUTION NO. 7351 - OF APPRECIATION Jo Lyon, Telephone Operator/ TO JOSEPHINE LYON, RETIRING AFTER Retiring, 12Z Years of 12Z YEARS OF SERVICE Service (Fin) - File 102 x 9-3-20 12. Status Report on General Plan Update (Pl) - File 115 x 10-6 13. Legislation Afffecting San Rafael (CM) - File 9-1 14. Claims for Damages - a. Gus Tavantizis (PD) - File 3-1-1088 b. California State Auto Assn. (Insured, Pearl H. Adam) (FD) - File 3-1-1090 c. Peter A. & Susan Bowser (PW) - File No. 3-1-1100 Accepted Report. (Dates for Special Joint City Council/Planning Commission Public Hearings to discuss Community Development changed to Tuesday, July 1 and Wednesday, July 2, 1986 (if needed) at 7:30 PM in the Council Chambers) OPPOSED SB 547 (Alquist) Earthquake Safety Planning. Unfunded Local Mandate. Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. AUTHORIZATION TO CALL FOR BIDS - DORIAN WAY DRAINAGE IMPROVEMENTS (PW) - File 4-1-394 Councilmember Breiner inquired if provisions were being made to protect the house now, and staff responded affirmatively. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve staff recommendation authorizing staff to call for competitive bids for the construction of Dorian Way drainage improvements. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Staff to bring back bid results to Council at meeting of June 16, 1986 for award of contract. SRCC MINUTES (Regular) 5/19/86 Page 2 3RCC MINUTES (Regular) 5/ /86 Page 3 7. AUTHORIZATION TO REQUEST PROPOSALS FOR PAVEMENT MANAGEMENT SYSTEM ANALYSIS (PW) - File 4-10-201 Councilmember Russom inquired if the proposal involved an inspection of all City streets, and staff replied that it did. Councilmember Frugoli was concerned about the City being eligible to use a part of the $150 million contributed Statewide. Public Works Director Bernardi explained that the City was not eligible because the City could not comply with the State's minimum requirements for eligibility and stated that the project is to be funded from existing gas tax revenues. Councilmember Russom moved and Councilmember Frugoli seconded, to approve the staff recommendation to request proposals for pavement management system analysis. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING ON APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1144 FOURTH STREET (Old Rafael Jewelers) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated that the cost of providing the accessible toilet rooms is approximately $7,000 with the improvements costing $3,000. Staff determined that it would be an unreasonable hardship on the business owner. Mayor Mulryan closed the public hearing. Councilmember Nave moved and Councilmember Breiner seconded, to approve staff recommendation that the Council, sitting as the Board of Appeals, direct staff to prepare a Resolution with Findings and bring said Resolution back for adoption at the meeting of June 16, 1986. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. APPEALS FROM STAFF DETERMINATIONS RE ORDINANCE NO. 1529: (P1) - File 10-6 x 115 a. REQUEST BY MASSA CONSTRUCTION COMPANY FOR EXEMPTION FROM CITY'S MORATORIUM ORDINANCE FOR IMPROVEMENTS OF A SECOND FLOOR AT 12 DELUCA PLACE. Mayor Mulryan declared the public hearing opened. Planning Director Moore commented that appeals (a) and (b) are the appeals made from staff determinations regarding the implementation of Ordinance No. 1529, the extension of the original moratorium ordinance. The matter does not revolve around the merits of the project and that is not an issue. Primarily, staff made the decision that given the nature of the proposal, staff would be unable to accept and process applications until the moratorium ordinance is modified or is no longer in effect. Kenneth Massa's appeal concerns a 3,000 sq. ft. loft addition which would yield a floor ratio of 51 percent which is significantly higher than anything recommended in the draft East San Rafael Neighborhood Plan or in the draft Francisco Boulevard West Policy Statement. It would allow 42 percent of the floor area in the general light industrial building to be used for office space. Staff did not approve the second floor loft in building B, and the applicant's statement that the Zoning Administrator would approve the second floor tenant improvement is not substantiated. SRCC MINUTES (Regular) 5/19/86 Page 3 SRCC MINUTES (Regular) 5/-j/86 Page 4 Applicant Kenneth Massa stated that when he applied for permits to construct the two buildings, he included the second floor of each building with appropriate parking prior to the moratorium. He was then notified that the second floor of the front building was not approved. Mr. Massa stated that he spoke with Associate Planner Jensen, asking if he could request a review and submit a plan for the second floor, and was told that it could probably be done through the Zoning Administrator. However, he was informed that there might be a problem, because the intented use was for industrial purposes, and Mr. Jensen indicated that it would probably be used for office space even though Mr. Massa indicated he had said it would not. Mr. Massa was also informed that the City would prefer to address the use potential and therefore, would require existing parking of 23 spaces to be supplemented by an additional three parking spaces. He noted that the moratorium was then imposed. Mr. Massa contended that in accordance with item 3(j) of the Moratorium Ordinance, relating to tenant improvements in buildings constructed prior to the moratorium, his project should be allowed to be exempt. Planning Director Moore stated that Mr. Jensen informed her that no representations were made by him to Mr. Massa that approval of the project was assured, but only the matter of parking. Ms. Moore noted that these are not tenant improvements, stating that this would add significant square footage to the total size of the building. Mr. Massa stated that he did provide whatever parking was necessary according to the requirements that were in effect at the time of original construction of the building. He reiterated that staff lead him to believe that his project would go through the Zoning Administrator for approval. Mayor Mulryan indicated to Mr. Massa that other projects were under the same restrictions as his and that once the moratorium is lifted, the project will be considered on its merits. Mayor Mulryan closed the public hearing. Councilmember Nave moved and Councilmember Breiner seconded, to uphold staff determination that the application cannot be processed for 12 DeLuca Place during the effectiveness of Ordinance No. 1529. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. REQUEST BY MARIN AUTO FOR EXEMPTION FROM CITY'S MORATORIUM ORDINANCE FOR THE PURPOSE OF OPERATING A TOWING SERVICE AT 180 GARY PLACE - File 10-6 x 115 Mayor Mulyran declared the public hearing opened and then continued the hearing to the next meeting of June 2, 1986 at the request of John Sharp, who is the appellant's attorney. 17. RESOLUTION AUTHORIZING PARTICIPATION IN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RE LIABILITY INSURANCE (Fin) - File 4-10-202 x 9-6-1 Finance Director Coleman stated that staff appeared before the California Joint Powers Insurance Authority on May 8, 1986 re the City's application for membership, and after a review of claims and questions concerning policy on risk management, the Board approved San Rafael for membership. Mr. Coleman stated that the earliest date the City could join the program would be at 12:01 AM on May 20, 1986, and that if the City waited to join until 12:01 AM on June 1, 1986, the City would save $22,000 in premiums for the balance of the month of May. SRCC MINUTES (Regular) 5/19/86 Page 4 SRCC MINUTES (Regular) 5i 3/86 Page 5 Councilmember Breiner moved and Mayor Mulryan seconded, to have the City join the CJPIA program as of 12:01 AM on May 20, 1986. AYES: COUNCILMEMBERS: Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli, Nave & Russom ABSENT: COUNCILMEMBERS: None Motion failed. Councilmember Frugoli moved and Councilmember Nave seconded, to approve staff recommendation to: a) Adopt a Resolution authorizing participation in the California Joint Powers Insurance Authority; b) Appoint Finance Director as City representative to the CJPIA Board of Directors, with City Manager as alternate; C. 1) Authorize transfer of $500,000 to the Liability Fund and c. 2) Perform annual safety audit. Participation is to take effect as of June 1, 1986 at 12:01 AM. RESOLUTION NO. 7352 - AUTHORIZING PARTICIPATION IN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. COUNTYWIDE PLAN ADVISORY COMMITTEE STATUS REPORT (P1) - File 191 Councilmember Breiner stated that she welcomed suggestions and comments from Council re the status report. After discussion, Council agreed, without motion, to the "moderate approach" which would provide a "comment -and -recommend" function. 19. DISCUSSION OF CONCEPT OF PARTICIPATING IN THE SISTER CITY PROGRAM (CM) - File 128 Mr. Larry Ross, representing an informal group of San Rafael citizens, stated that they wanted the Council to adopt Nicaragua as San Rafael's sister city. City Manager Nicolai's staff report indicated that a city in Southwest Germany was also interested in establishing a sister city program with San Rafael. After discussion, Councilmember Nave moved and Councilmember Russom seconded, to have staff bring the matter back to Council at a future meeting with more information so Council could have a clearer picture and make a sound decision. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PETITION TO REMOVE RECENTLY POSTED "NO LEFT TURN" SIGN ON LINCOLN AVENUE - File 11-5 Mayor Mulryan called upon anyone wanting to address the "No left turn" sign at the North end of Lincoln Avenue and no one spoke on the matter. 20. DISCUSSION RE SETTING DATES FOR 1986/87 BUDGET SESSIONS (CC) - File 8-5 Council approved Budget Session Dates as follows: Tuesday, June 26 and Monday, June 30, 1986, to be held in the Webb Room at the San Rafael Library. Also, the General Plan update meetings are: Tuesday, July 1 and Wednesday, July 2 (if needed), 1986, in the Council Chambers. All meetings are to be held at 7:30 PM. SRCC MINUTES (Regular) 5/19/86 Page 5 SRCC MINUTES (Regular) 5, )/86 Page 6 21. CALL FOR APPLICATIONS RE EXPIRATION OF TERMS OF TWO (2) PARK AND RECREATION COMMISSIONERS (CC) File 9-2-4 Council approved staff recommendation to: a) Call for applications to fill three 4 -year terms on the Park and Recreation Commission which will expire the end of May 1990, with deadline for receipt of applications set for 12:Noon, Tuesday, June 10, 1986 in the City Clerk's Office, Room 209; b) Set date for interviews of applicants, including incumbents, at a special meeting of the City Council to be held on Monday, June 16, 1986 at 6:30 PM. ADD ITEMS 1. GANN INITIATIVE PETITION TO LIMIT STATE AND LOCAL GOVERNMENT EMPLOYEES' SALARIES - File 9-4 x 7-4 Councilmember Breiner asked staff to bring back information on how the recently qualified Gann Initiative, to limit State and Local Government employees' salaries, which will be on the November 1986 ballot, will effect employees of the City of San Rafael. 2. FIRE DEPARTMENT - LOCK-OUTS/LOCK-INS - File 9-3-31 Fire Chief Marcucci stated that his department has been providing services to people who have been locked out of their cars or homes. He felt that the City should review this action because the Fire Department is being called upon to do a job that should be done by private business. Councilmember Breiner moved and Councilmember Frugoli seconded, that Fire Chief Marcucci be given the discretion on how the Fire Department is to service calls on emergency and non -emergency basis for lock-outs/lock-ins. AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. REVENUE SHARING - File 8-5 x 8-9 Frugoli, Nave, Russom & Mayor Mulryan Mayor Mulryan referred to a letter received from Representative Barbara Boxer re continuation of yearly Revenue Sharing appropriations. Staff was directed to draft a letter for the Mayor's signature agreeing with Representative Boxer to Senators Cranston and Wilson and President Reagan, to keep the Revenue Sharing program alive. 4. POLITICAL ADVERTISING - File 13-8-2 x 9-4 Councilmember Nave commented on his concern of advertising on TV against Proposition 51. Council directed that a letter be written to State Attorney General VandeKamp in opposition of the ads. There being no further business, the meeting was adjourned in memory of Louis "Papa" Nave, father of Councilmember Nave, who recently passed away. JEANNF,,M. LEONCINI,ity Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/19/86 Page 6