HomeMy WebLinkAboutCC Minutes 1986-06-02SRCC MINUTES (Regular) 2/86 Page 1
In Conference Room 201 of the City of. San Rafael, Monday, June 2, 1986
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 86-13(a)
- (#2);
No. 86-13(b)
- (#1)
Anthony House/Industrial
Indemnity vs.
City of
San Rafael,
et al.);
No. 86-13(C) - (#1)
Beatrice Kindelan v.
Kathryn L. Kingston,
City of San Rafael;
No. 86-13(d)
- (#1) Vicki
Fields
v. City
of San Rafael, et al.;
No. 86-13(e)
- (#2);
No. 86-13(f)
- (#1)
MCSLJPA v. PG&E.
No action taken.
In the Council Chambers of the City of San Rafael, Monday, June 2, 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: David Bernardi, Director of Public Works; Gary T.
Ragghianti, City Attorney; Rose Lola Sniffen, Deputy
City Clerk
CONSENT CALENDAR
Councilmember Frugoli moved and Councilmember Breiner seconded, to approve
the following items on the Consent Calendar:
Item
2. Report on Bid Opening and Award
of Bid - One (1) Compact Two -
Door Hatchback; Three (3) Full -
Sized Four -Door Station Wagons;
Two (2) Full -Sized 3/4 Ton
Pickups; Two (2) Three -Wheel
Metermaid Service Vehicles
(CM) - File 4-2-208
3. Report on Bid Opening and
Award of Bid - Three (3) 2-4
Yard Dump Trucks; One (1)
1/2 Ton Pickup Truck (CM) -
File 4-2-209
Recommended Action
RESOLUTION NO. 7353 - AUTHORIZING
THE PURCHASE OF: ITEM 1. TWO
(2) THREE -WHEEL METERMAID SERVICE
VEHICLES; POLICE DEPT., ITEM 2.
One (1) COMPACT HATCHBACK, POLICE
SERVICE AIDE, ITEM 3. THREE (3)
FOUR DOOR STATION WAGONS: (2)
FIRE DEPT., (1) RECREATION DEPT.
ITEM 4. ONE (1) FULL-SIZED 3/4
TON PICKUP, PUBLIC WORKS, PARKS.
UTILIZING EQUIPMENT REPLACEMENT
FUNDS. (Contracts awarded to:
Golden Bear Equipment Co. for
$14,570.76; Helton Pontiac GMC
for $5,141; Avis Rent A Car for
$26,553; Sun Valley Ford for
$9,855.90 and a second contract
to Sun Valley Ford for $11,438.66,
as lowest responsible bidders).
RESOLUTION NO. 7354 - AUTHORIZING
THE PURCHASE OF THREE (3) 2-4
YARD DUMP TRUCKS AND ONE (1)
1/2 TON PICKUP TRUCK UTILIZING
EQUIPMENT REPLACEMENT FUNDS
(Contracts awarded to: Isi, Inc.
for (3) 2-4 yard dump trucks,
in amount of $74,025;
(1) 1/2 ton GMC pickup truck to
Helton GMC, in amount of $9,052.39,
as lowest responsible bidders)
SRCC MINUTES (Regular) 6/2/86 Page 1
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4. Call for Applications Re
Expiration of Terms of Two
Planning Commissioners (CC) -
File 9-2-6
5. Call for Applications to Fill
One Vacancy on Design Review
Board (Licensed Architect or
Licensed Building Designer)
(CC) - File 9-2-39
6. Resolution of Findings - Appeal
of Handicapped Access Require-
ments - 1144 Fourth Street (Old
Rafael Jewelers) (PW) -
File 13-1-1
7. Reclassification
Operator Position
Typist II (Fin) -
9-3-20
Approved staff recommendation
to: a) Call for applications to
fill two 4 -year terms on Planning
Commission with deadline for
receipt on Tuesday, June 24,
1986 at 12:Noon, in the City Clerk's
Office, Room 209, City Hall, (terms
to expire end of June 1990);b)
Set date for Special Meeting to
interview applicants including
Incumbents for Monday, July 7,
1986, commencing at 6:30 PM in
the City Manager's Conference
Room 201.
Approved staff recommendation
to: a) Call for applications
for a licensed architect or a
licensed building designer,
preferably with urban design
experience, with deadline set
for receipt of applications at
12:Noon, Tuesday, June 24, 1986
in the City Clerk's Office, Room
209, City Hall; b) Set date for
interviews of qualified applicants
at a Special Meeting of the City
Council to be held on Monday,
July 7, 1986, commencing at
6:30 PM in the City Manager's
Conference Room 201, to fill a
4 -year term to the end of June
1990, on the Design Review Board.
RESOLUTION NO. 7355 - CITY COUNCIL
(IN ITS CAPACITY AS BOARD OF
APPEALS) GRANTING APPEAL FROM
STATE ACCESS REQUIREMENTS -
1144 FOURTH STREET
of PBX Approved staff recommendation
to Clerk/ authorizing the reclassification
File 7-3 x of the PBX Operator to Typist
Clerk II (effective July 1, 1986).
8. Amend Part-time Salary
Resolution to Include Accounting
Intern (Fin) - File 7-3 x 9-3-20
9. Report on Allocation of Flood
Relief Funds - AB 2536 (PW) -
File 205
10. Legislation Affecting San
Rafael (CM) - File 9-1
RESOLUTION NO. 7356 - AMENDING
RESOLUTION 7235 PERTAINING TO
THE COMPENSATION AND WORKING
CONDITIONS FOR PART-TIME,
TEMPORARY, INTERMITTENT, AND
SEASONAL WORKERS (Accounting
Intern)
Accepted staff report. City of
San Rafael allocated $144,385
re flood relief funds.
OPPOSED AB 2752 (Bronzan)
Mandatory Mental Health
Coverage in Group Health
Insurance Plans.
11. Claim for Damages - (PW) Approved Insurance Consulting
Associates, Inc. recommendation
a. John Cordes - File 3-1-1113 for denial of claim.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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12. PUBLIC HEARING - APPEAL FROM STAFF DETERMINATION RE ORDINANCE NO.
1529 - REQUEST BY MARIN AUTO FOR EXEMPTION FROM CITY'S MORATORIUM
ORDINANCE FOR THE PURPOSE OF OPERATING A TOWING SERVICE AT 180
GARY PLACE (Pl) - File 10-6 x 115
Mayor Mulryan declared the public hearing opened, and announced that
the public hearing would be continued to the meeting of July 7, 1986,
again at the request of the appellant's attorney, John Sharp.
13. PUBLIC HEARING - CONSIDERATION OF APPROVAL OF AMENDED AGREEMENT WITH
MARIN SANITARY SERVICE FOR EXTENSION OF CONTRACT FOR REFUSE AND
GARBAGE COLLECTION SERVICES TO THE YEAR 2007 (Fin) - 4-3-32
Mayor Mulryan stated that there would be no action taken on this
item because the present agreement allows an extension for an
additional 10 years beyond the current expiration date of June
30, 2001.
14. PUBLIC HEARING - UP86-12; APPEAL OF CONDITION OF APPROVAL FOR MASTER
USE PERMIT FOR DON TIMOTEO SCHOOL; 39 TRELLIS DRIVE; DIXIE SCHOOL
DISTRICT, MARION DANSIE, OWNER AND APPELLANT; AP 175-060-01 (P1)
- File 10-5
Planning Director Moore stated that the Planning Commission condition-
ally approved a Master Use Permit for the Don Timoteo School site.
Marion Dansie, owner, requested evening use of the facility speci-
fically for one tenant, Parents United. This request was recommended
for denial by staff and also denied by the Planning Commission.
The site characteristics of the school are that it is surrounded
by R-1 development, accessed off a narrow driveway of a minor local
residential street, and the parking area and driveway are surrounded
by an R-1 lot. Unlike the majority of other school sites utilized
for other uses, there is very close proximity to surrounding homes,
driveway and parking area.
Ms. Moore indicated that the appellant made a proposal that use be
allowed from 7:00 PM to 10:00 PM. She noted that Planning staff
does not feel that the site at Don Timoteo is appropriate for the
type of program developed by Parents United. They have expressed
the importance in the continual use of support materials that they
be in one location. Staff suggested to them and the school district,
that they look at other school sites where there are long standard
histories of use with no disruptions to the neighborhoods.
The appellant has appealed the one condition which governs the hours
and days of the operation. That is the limitation of use from
7:00 AM to 6:00 PM.
Planning Director Moore stated that the action is not a negative
statement against Parents United's program, but a result of staff
and the Planning Commission's concern in concurrence with the
neighborhood that this site is poorly suited to accommodate that
kind of use in the evening.
Ms. Marion Dansie, business manager for the Dixie School District,
and appellant, stated that the complaints re evening meetings held
at Don Timoteo School are the exception as opposed to other school
sites. She referred back to 1980 whereby there were meetings held
every night which caused disruption to the neighborhood.
Ms. Dansie proposed a compromise on behalf of the Board of Trustees,
that the Parents United meetings be held at Don Timoteo School, one
night per week from 6 to 9:45 PM which would allow them to be off
the premises before 10:00 PM, on a trial basis or for six months.
Mayor Mulryan called upon anyone wanting to speak on the item.
Mr. Phillip Wilhelm, resident directly across from the school,
submitted a picture to the Council showing the parking area and the
close proximity to the residential area. He stated that when cars
come out of the parking lot, the lights shine into the homes nearby,
SRCC MINTUES (Regular) 6/2/86 Page 3
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and also indicated that the facility is not large enough to support
the group.
Ms. Sue Beittel, resident in Terra Linda for 25 years and present
as a Board member for the Family Service Agency stated that they
have been working for 16 months with Parents United and the Child
Protective Services of Marin County. Ms. Beittel spoke on behalf
of Parents United for the use of the Don Timoteo School and
stated that 60 people would be a reasonable limit which includes
adults and children.
Mr. Mike Grogan, clinical director with the Child Sexual Abuse Treat-
ment Center working in conjunction with Parents United stated that
they have been in existence for seven years. He indicated that the
number of people attending a meeting has not exceeded over 55.
Mr. Bob Thompson, executive director of the Family Service Agency,
commented on the role the Family Service Agency has with Parents
United.
Ms. Florence Webb, president of the Dixie School Board, spoke on
the leasing program for the Dixie School Board.
Mr. Larry Kramer spoke on behalf of Parents United meeting at the
Don Timoteo School.
Ms. Jacqueline Maley, neighbor of the Dixie School District for 23
years, stated that they have been battling this issue since 1980,
and indicated that although they were not against Parents United,
they were against the school being used at night.
Mr. John Rauschkolb, resident alongside the Don Timoteo School for
25 years stated that he was reinforcing everything that was said
or submitted by the neighbors opposing the evening use at the school.
Councilmember Russom ascertained from Planning Director Moore, that
the Master Use Permit applies to all tenants.
Ms. Diane Allen, resident one block from the school, stated that
their concern is that they are living in an area where they are
being encroached upon commercially and was opposed to the evening
use of the school.
Ms. Kim Middleton, a neighbor of the Don Timoteo School, and also
a member of Parents United, explained how the Parents United program
works, and that it is important that parents and children are not
separated.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Russom stated that being familiar with the schools
in the Dixie District, he did not feel there was a uniqueness in
the Don Timoteo School situation and that all schools are in
residential neighborhoods accessed by minor residential streets being
used at night.
Councilmember Frugoli was concerned on how the enforcement of
limiting the use to 60 people could be met and indicated his concern
to the neighborhood. He stated that although Parents United is a
good program, they should look for another location to fit their
needs.
Councilmember Breiner stated that she was willing to create a variance
to the Master Agreement for Parents United, with a limit in terms
of people or cars, whichever would be most effective in keeping the
limitations reasonable for the neighborhood; also support the 3 -month
trial period and require additional landscaping to help the glare
from the cars on the neighbors' homes.
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City Attorney Ragghianti stated that the Government Code prohibits
use variances by express section, and therefore advised Council to
be wary of granting a use variance for one particular tenant having
priority over others. He indicated that words to the effect that,
one night time use is permissible would be fine without specifying
which organization it would be.
Councilmember Russom moved and Councilmember Nave seconded, to uphold
the appeal of the Planning Commission's denial, and that condition
"C" in the Master Use Permit be changed to read, "that, evening use
is granted one night per week, not to exceed 9:45 PM for one tenant
at Don Timoteo School for a 90 day period to be reviewed by the City
Council, and that the attendance at the night meetings be limited
to 60 people with no off-site parking."
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
15. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 1016 "B" STREET (PW)
File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that the appeal is for the
handicapped accessibility requirements of the remodeling for a
tenant in the Albert Building. The cost of the work is estimated
to be $2,000 and the cost of providing accessible toilet rooms
is estimated to be $4,000. Although the Marin Center for Independent
Living has not gotten back to staff on this request, staff feels
that this is an unreasonable expense and recommends that Council
direct staff to come back with a resolution at the next meeting.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Breiner moved and Councilmember Russom seconded, to
approve the staff recommendation, and that City Council, sitting
as the Board of Appeals, direct staff to prepare an appropriate
Resolution with Findings and bring said resolution back for
adoption at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. REVIEW AND APPROVAL OF THE MARIN COUNTY REVISED SOLID WASTE MANAGEMENT
PLAN (Pl) - File 13-2
Planning Director Moore stated that State law requires that
each County have a Solid Waste Management Plan and indicated that
Mr. Rick Borgwardt, Marin County Planner, is the staff person
responsible for overseeing the preparation of the revised Solid Waste
Management Plan.
Ms. Moore commented that the Planning Commission declined to forward
a recommendation, and that there is no legal requirement that the
Planning Commission be involved with this matter, but they felt they did
not have adequate time to review the document. Planning staff
reviewed the plan as to how it would effect San Rafael and contacted
local operators to find out what their concerns were, from Marin
Sanitary, Marin Recycling and Recovery, the Transfer Center and the
future Refuse Recovery and Recycling Center.
Mayor Mulryan commented that the Council did not have a staff report
outlining the effect of the draft plan, and was not certain if they
should be taking a vote on an oral report.
Ms. Moore explained that a memorandum attached to the staff report
addressed to the Planning Commission focuses in on how San Rafael
relates to the draft plan, and gave an overview of the memorandum.
SRCC MINUTES (Regular) 6/2/86 Page 5
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She mentioned that the life of the Redwood Sanitary Landfill is limited
and is in dispute and that a very important implementation measure
of the plan would be the longer term site planning for another facility
ultimately to handle solid waste disposal in Marin County.
Councilmember Frugoli stated that he had looked at the 180 acres
on the northerly portion, and the County should look at this area
as an expansion area for Redwood Sanitary Landfill rather than
utilizing it as wetlands, noting it is about one or two miles from
the Petaluma Creek.
Councilmember Nave suggested to the County representative that because
the landfill areas are being reduced, that the options should remain
open for the possible use of the 180 acres for sanitary fill.
Mr. Rick Borgwardt presented the Council with a copy of the County's
response, dated May 19, 1986, to a letter from Attorney Burton J.
Goldstein, responding on a point by point basis to the issues raised
in Mr. Goldstein's previous letter addressed to the County and later
reconstituted to all of the cities in Marin County.
Mr. Borgwardt then stated that the draft plan quantifies the existing
waste flow being generated in Marin County in the residential and
commercial sectors, and discussed spacing the closure of the two
remaining landfills, Redwood Sanitary Landfill and the West Marin
Sanitary Landfill. He also mentioned there is an opportunity to
expand the lifespans of the landfills until the year 2005 through
the promotion of increased recycling and resource recovery, and
indicated the plan recommends that the Board of Supervisors consider
the establishment of the position of Recycling Coordinator, whose
principal duties and responsibilities would be to promote increased
recycling.
In response to a question from Councilmember Nave, Mr. Borgwardt
indicated that the recycling program would be voluntary, explaining
that this draft plan is the third edition, and that the first admin-
istrative draft was reviewed internally which called for mandatory
recyling. There was a preliminary draft which followed and was
distributed to industries engaging in collection and disposal of
solid waste in Marin County, as well as to the County's litter
Recycling and Resource Recovery Committee. The language was then
modified and mandatory recycling was removed from the present draft
plan, which will go before the Board of Supervisors on June 24, 1986.
In response to Councilmember Breiner's question regarding importation
of sludge, Mr. Borgwardt stated that sludge is being deposited at
Redwood Sanitary Landfill in an area that was approved by the Regional
Water Quality Control Board approximately lZ years ago, and is per
the 1958 Use Permit and the 1977 Solid Waste Plan.
Council was concerned that agencies outside Marin County are allowed
to import the sludge, and objected to the trucks that are used in
hauling the sludge to the site.
Mr. Borgwardt pointed out that Redwood Sanitary Landfill does, in
fact, have adequate capacity to accept all existing solid waste within
the life expectancy of the planning area until the year 2005.
Council agreed that they were not prepared to make a decision on
the matter tonight and directed staff to have a summary outline with
comments on key points for the meeting of June 16, 1986.
Councilmember Frugoli requested Public Works Director Bernardi to
make sure that an agreement is made with Marin Sanitary Service,
similar to the San Quentin Disposal Site, allowing the City to dump
10,000 cubic yards per year free, once the San Quentin site closes.
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ADD ITEM
1. MARIN MUNICIPAL WATER DISTRICT - RUSSIAN RIVER WATER QUALITY - File
151
Councilmember Breiner informed Council that she had been contacted
by a member of the community who was perturbed about San Rafael
receiving some water from the Russian River area, and requested staff
to bring back information from the Marin Municipal Water District
on the water quality being delivered and the coliform count.
There being no further business, the meeting was adjourned.
for: JEANNE M. LEONCINI, CITY CLERK
r
by: C%
ROSE LOLAS IFFE , Deputy City C erk
APPROVED THIS DAY OF 1986
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/2/86 Page 7