HomeMy WebLinkAboutCC Minutes 1986-06-16SRCC MINUTES (Regular) 6 6/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, June 16, 1986 at
7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION & LABOR NEGOTIATIONS - File 1.4.1.a
No. 86-14(a) - (#2); No. 86-14(b) - (#2); No. 86-14(c) - (#2);
No. 86-14(d) - (#2); No. 86-14(e) - (#2); No. 86-14(f) - (#2).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, June 16, 1986
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: Gary R. Frugoli
Also Present: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini,
City Clerk; Gary T. Ragghianti, City Attorney
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
Mr. Peter Mendoza, resident of Novato and employed in the City of San
Rafael, addressed Council on the inaccessibility of entering the
Police Department after 5:00 PM for handicapped people in wheelchairs.
Council requested Public Works Director Bernardi to look into the matter to
ascertain what can be done to accommodate the handicapped.
CONSENT CALENDAR
Councilmember Russom moved and Councilmember Breiner seconded, to approve
the following items on the Consent Calendar:
Ti-om
2. Approval of Minutes of Special
Joint City Council/Planning
Commission Meeting of May 12,
1986 and Regular Meetings of
May 19, and June 2, 1986 (CC)
3. Recommendation of Cultural Affairs
Commission Re: Policy Regarding
Rental and/or Lease of Office
Space at Falkirk by Non -Profit
Cultural Organizations (Lib/
Cult.Affs.) - File 9-3-61 x
9-1-2
4. Resolution Granting Appeal With
Revised Condition "c" Re Master
Use Permit for Don Timoteo
School; 39 Trellis Drive;
Dixie School District,
Marion Dansie, Owner and
Appellant; AP 175-060-01 (Pl) -
File 10-5
Recommended Action
Approved as submitted.
Approved recommendation.
RESOLUTION NO. 7357 - UPHOLDING
AN APPEAL AND DENYING THE
PLANNING COMMISSION'S ACTION
TO PROHIBIT EVENING USE IN
RELATION TO A MASTER USE PERMIT
FOR THE CLOSED DON TIMOTEO
SCHOOL AT 39 TRELLIS DRIVE
(UP86-12) ((1) Evening use granted
one night per week; (2) Limited
to one tenant; (3) Maximum of
60 people with parking contained
entirely on site; (4) Evening
use permitted for a 90 day trial
period with review by City Council
after September 2, 1986.)
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3RCC MINUTES (Regular) 6/. /86 Page 2
6. Authorization to Call for Bids -
1986 Street Resurfacing Project
(PW) - File 4-1-396
7. Acceptance of Conveyance of
Mitigation Property - Kerner
Boulevard Assessment District
(PW) - File 6-35
8. Joint Powers Agreement for East
San Rafael Wetlands Mitigation
Plan (PW) - File 4-13-73
Approved staff recommendation.
(Cost estimated - $300,000).
RESOLUTION NO. 7358 - ACCEPTING
CONVEYANCE OF REAL PROPERTY AND
AUTHORIZING EXECUTION OF RIGHT
OF WAY CONTRACT - KERNER
BOULEVARD ASSESSMENT DISTRICT,
SAN RAFAEL, CALIFORNIA (A.D. NO.
36 - MITIGATION PROPERTY FROM
THE DINO AND MARIO GHILOTTI
FAMILY TRUST). (Property acquired
at cost of $33,000, funded thru
Assessment District proceeds).
RESOLUTION NO. 7359 - AUTHORIZING
THE EXECUTION OF JOINT POWERS
AGREEMENT BETWEEN THE CITY OF
SAN RAFAEL AND MARIN COUNTY OPEN
SPACE DISTRICT FOR EAST SAN RAFAEL
WETLANDS MITIGATION PLAN
9. Resolution of Findings on Appeal RESOLUTION NO. 7360 - CITY COUNCIL
of Handicapped Access Require- (IN ITS CAPACITY AS BOARD OF
ments at 1016 "B" Street (PW) - APPEALS) GRANTING APPEAL FROM
File 13-1-1 STATE ACCESS REQUIREMENTS - 1016
"B" STREET
10. Resolution Appropriating RESOLUTION NO. 7361 -
Unappropriated Revenues (Fin) - APPROPRIATING UNAPPROPRIATED
File 8-5 x 8-14 REVENUES AS OF JUNE 30, 1986
11. Resolution Establishing the RESOLUTION NO. 7362 - ESTABLISHING
1986/87 Proposition 4 Limitation - APPROPRIATIONS LIMIT FOR 1986/87
(Fin) - File 8-5 x 8-14 (at $18,119,048)
12. Resolution Approving the 1986/87
"Latchkey" Funds Contract with
the State Department of
Education (Rec) - File 4-10-203x
9-3-65
RESOLUTION NO. 7363 - APPROVING
THE 1986/87 "LATCHKEY" FUNDS
CONTRACT WITH THE STATE
DEPARTMENT OF EDUCATION ($48,298)
13. Resolution Authorizing
a Grant
RESOLUTION
NO. 7364 - AUTHORIZING
Application to the San
Francisco
AN APPLICATION TO THE SAN FRANCISCO
Foundation for $140,000
for
FOUNDATION
FOR $140,000 FOR THE
Terra Linda Recreation
Center
RENOVATION
OF THE TERRA LINDA
Renovation (Rec) - File
4-10-204 x
RECREATION
CENTER
202 x 9-3-65
14. b. Vehicles for Police
Department Use:
Five (5) Replacement Vehicles
for Investigations Division
(CM) - File 4-2-210 x 9-3-30 x
9-3-80
RESOLUTION NO. 7365 - AUTHORIZING
THE PURCHASE OF SIX (6) USED
VEHICLES FOR POLICE DEPARTMENT
USE, INVESTIGATION DIVISION
UTILIZING EQUIPMENT REPLACEMENT
FUNDS AND SPECIAL POLICE FUNDS
(In amount of $46,141.80, from
Avis Rent A Car Inc., lowest
responsible bidder) (See Item
14 a.)
15. Report on Bid Opening and Award RESOLUTION NO. 7366 - AUTHORIZING
of Contract for Portable THE PURCHASE OF A PORTABLE CLASS -
Classroom (FD) - File 4-2-211 x ROOM UTILIZING REVENUE SHARING
9-3-31 FUNDS (From SPACE -CO of Newark,
CA. low bidder, in amount of
$20,922.28)
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16. Report on Falkirk General
Membership Program (Lib/Cult.
Affs.) - File 8-24 x 9-3-61
17. Legislation Affecting San Rafael
(CM) - File 9-1
19. Claims for Damages -
c. Lewis E. Lovell (PW) -
File 3-1-1096
d. Arthur J. Fairhall (PW) -
File 3-1-1104
e. Jane S. Durr (PW) -
File 3-1-1111
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Accepted report. Staff to
implement a general membership
program with fees, benefits and
guidelines for expenditure of
membership funds.
SUPPORTED AB 3228 (Costa) City
& County Street & Road Funding.
SUPPORTED SB 2493 (Keene)
California Library Construction
& Renovation Bond Act.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
Nave, Russom & Mayor Mulryan
5. CONTRACT FOR GENERAL PLAN REVISION WITH JHK AND ASSOCIATES, TRAFFIC
CONSULTANTS (Pl) - File 4-3-170 x 115
Councilmember Nave inquired of staff re the work to be done by JHK
and Associates. Public Works Director Bernardi stated that the firm
would be adding to the existing model already developed by analyzing
the ramps (from Highway 17 (I580) to Highway 101) as they already exist
and include moving the ramps to the east. This is part of the traffic
mitigation work and the improvement package will then be developed
for the General Plan.
RESOLUTION NO. 7367 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH JHK AND ASSOCIATES, GENERAL PLAN REVISION
TRAFFIC CONSULTANTS
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
14.a. VEHICLES FOR POLICE DEPARTMENT USE: ONE (1) VEHICLE FOR NARCOTICS
ENFORCEMENT (PD) - File 4-2-210 x 9-3-30 x 9-3-80
Councilmember Breiner indicated that the City should not be
constrained on how monies coming back to the community should be
used in accordance with the Federal Forfeiture Law. Staff was
directed to write to Representative Barbara Boxer on the matter.
Councilmember Breiner moved and Councilmember Nave seconded, to
authorize the Chief of Police to purchase an unmarked vehicle for
narcotics enforcement. The funds for this purchase and maintenance
to come from funds obtained through seizure of forfeited monies tied
directly to illegal drug trafficking. (part of 14 b.)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
18. STATUS REPORT ON GENERAL PLAN UPDATE (P1) - File 115
Councilmember Russom suggested that future status reports on the General
Plan update be done using the flow chart method, giving reference to
the original time frame.
Council accepted status report, without motion.
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19. CLAIMS FOR DAMAGES:
a. Marianne Flowers (PD) - File 3-1-1055
b. Albert & Linda Cordova (PW) - File 3-1-1087
Mayor Mulryan requested that the above claims be discussed in Closed
Session.
20. PUBLIC HEARING - APPEAL ON HANDICAPPED ACCESS REQUIREMENTS - 1224-26
FOURTH STREET (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that Mr. Frank Garaman, owner
of building located at 1224-1226 Fourth Street, proposed to do minor
remodeling to two storefronts. As a building permit is required, State
law mandates that handicapped accessibility be addressed. Renovations
requiring a building permit are valued at $12,000 and the cost of
providing accessible toilet rooms is estimated at $18,000. After
reviewing the site, it was found that based upon the limited number
of people to be served, and the cost of improvements, the requirement
for accessible toilet rooms at this location would be an unreasonable
hardship.
Mr. Woody Bonluckin with Wood Masters Construction representing the
owners, spoke on the excessive cost to have a handicapped accessible
toilet built.
Ms. Pat James, real estate agent who sold the business to the owners,
indicated that the new business (Marin Stationers) would be a benefit
to the City of San Rafael.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Breiner moved and Councilmember Nave seconded, that the
Council, sitting as the Board of Appeals, determined after hearing
all testimony, that in this particular case, the provision of handi-
capped accessible toilet rooms would represent an unreasonable hard-
ship. Staff was directed to prepare an appropriate resolution with
findings and bring said resoluton back for adoption at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
21. REVIEW OF MARIN COUNTY REVISED SOLID WASTE MANAGEMENT PLAN (Pl) - File
13-2
Associate Planner Jensen stated that the primary concern with the Marin
County Revised Solid Waste Management Plan is how the City of San Rafael
is affected, and that the City has several facilities in town serving
the solid waste management needs. One measure and one policy directly
affect the City of San Rafael.
Proposed Measure 4-8.2, calls for an expanded operation of the future
Marin Sanitary Service Transfer Station in the event Redwood Sanitary
Landfill and West Contra Costa Sanitary facilities close. The City
could be affected because when the proposal for the Marin Transfer
Station was approved it was for limited hours of operation to mitigate
potential traffic impacts, and other impacts associated with intensive
use would have to be reviewed under a Use Permit Amendment.
Proposed Policy 9-4, calls for continued operation of rock, concrete
and fill recovery programs. There are several operations in San Rafael
providing recyling of these materials.
Mr. Jensen commented on a letter from the attorneys of the owners of
Redwood Sanitary and the response made from the County Planning
Department, Mr. Eric Borgwardt.
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To date, Tiburon, Sausalito, Mill Valley, Belvedere, Novato and
Larkspur have endorsed the plan.
Mr. Eric Borgwardt stated that the Towns of Ross, Fairfax and San
Anselmo have also endorsed the plan. Mr. Borgwardt indicated that
Corte Madera has not acted on the plan because he had not appeared
before them as yet.
Councilmember Breiner commented on her concern of the San Quentin
Disposal site closing down and Mr. Borgwardt stated that for
practical purposes, the San Quentin facility is on the verge of closure
and has about 30 to 60 days of operation left. Debris is being
directed to Redwood Sanitary Landfill. He stated that some publicity
regarding availability of Redwood Sanitary Landfill would help and
efforts by Mr. Joseph Garbarino on expansion plans for his Marin
Sanitary Transfer Station, would also assist.
Councilmember Breiner was concerned about being kept apprised of the
Redwood Sanitary Landfill closing down at some future date, and
Mr. Borgwardt informed her that he is the person who will be
responsible to monitor the data on the solid waste management plan.
Councilmember Nave asked that use of the 180 acres for sanitary fill
not be precluded as a possibility if the City faces a closure sometime
before the year 2000 or thereafter. Mr. Borgwardt stated that the
plan's policy provides the opportunity for Redwood Sanitary Landfill
to seek amendment to the plan should the circumstance arise in order
to propose using the northerly 180 acres whole or in part.
RESOLUTION NO. 7368 - RESOLUTION ENDORSING AND RECOMMENDING ADOPTION
OF THE MARIN COUNTY REVISED SOLID WASTE MANAGEMENT
PLAN BY THE MARIN COUNTY BOARD OF SUPERVISORS
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
22. AMENDMENT TO THE 1985/86 BUDGET (Fin) - File 8-5 x 8-14
Finance Director Coleman stated that the original resolution was
adopted in July 1985 and since then several changes have taken
place. All items have been before the Council, including the salary
adjustments which account for the largest increase. Also included is
the cost of liability insurance as well as the largest single item
of $1,320,OOO,which is estimated to be this year's cost for storm damage.
Other items are included that were originally appropriated but for
various reasons have exceeded their appropriation. Staff is also asking
for an additional $50,000 for the General Plan Update and additional
sums for various projects that were approved by Council in last year's
budget or sometime this year but not included in a formal budget resolution,
The total amount staff is requesting is $2,213,990, including the $1,320,00(
for the storm related expenditures, most of which will be reimbursed
by either State or Federal grants.
RESOLUTION NO. 7369 - RESOLUTION AMENDING THE 1985/86 BUDGET
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
ADD ITEMS
1. RESOLUTION AUTHORIZING THE AMENDMENT OF RESOLUTION 7354 DATED JUNE
2, 1986 FOR THE PURCHASE OF ONE (1) TON PICKUP TRUCK UTILIZING EQUIPMENT
REPLACEMENT FUNDS - File 4-2-209
City Manager Nicolai stated that Council previously authorized an award
of bid for a pickup truck to Helton Pontiac. It was later found that
Helton Pontiac and other dealerships who bid on the same truck could
not provide the pickup truck as specified, but there is a model with
a larger engine which would increase the price by $393.60. Since this
SRCC MINUTES (Regular) 6/16/86 Page 5
2.
SRCC MINUTES (Regular) 6/io/86 Page 6
applies to all bidders, Helton Pontiac still remains low bidder. The
Resolution has been revised to reflect the change. Ms. Nicolai stated
that another option would be to reject all bids and rebid it, but it
would be a more costly model.
Councilmember Nave moved and Councilmember Breiner seconded, to adopt
a Resolution Authorizing the Amendment of Resolution No. 7354 dated
June 2, 1986 for the Purchase of One (1) z Ton Pickup Truck Utilizing
Equipment Replacement Funds.
RESOLUTION NO. 7370 - RESOLUTION AUTHORIZING THE AMENDMENT OF
RESOLUTION NO. 7354 DATED JUNE 2, 1986
FOR THE PURCHASE OF ONE (1) 11 TON PICKUP
TRUCK UTILIZING EQUIPMENT REPLACEMENT FUNDS
(Awarded to Helton Pontiac as low bidder, price
increase of $393.60)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
DISCUSSION RE VERIFICATION OF CITY OF SAN RAFAEL'S POPULATION OF 45,212
File 9-3-20 x 9-14
Councilmember Russom questioned who gives the annual population estimate.
Finance Director Coleman stated that the State Department of Finance
provides this information yearly and that information comes from various
sources. By certifying the population figure, any State subventions
received starting June 3, 1986 will reflect the higher population,
and the City will receive another $10,000 or $15,000 based on the higher
population.
There being no further business, the meeting was adjourned to Closed Session.
Council reconvened in Open Session and unanimously approved Insurance
Consulting Associates, Inc. recommendation to deny the following:
19. CLAIMS FOR DAMAGES:
a. Marianne Flowers (PD) - File 3-1-1055;
b. Albert & Linda Cordova (PW) - File 3-1-1087.
JEANNE M. EONCINI, C'i"t Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/16/86 Page 6