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.)
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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.
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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.
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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
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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.
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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
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