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HomeMy WebLinkAboutCC Minutes 1986-08-18SRCC MINUTES (RE lar) 8/18/86 Page 1 In Conference Room 201 of the City of San Rafael, Monday, August 18, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a No. 86-21(a) - (#2) and No. 86-21(b) - (#2). No action was taken. In the Council Chambers of the City of San Rafael, Monday, August 18, 1986 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Absent: Jerry Russom, Councilmember Also Present: Robert E. Marcucci, Acting City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: Mrs. Carol Sterrett of 5 Frances Street, San Rafael, spoke on traffic safety in Central San Rafael and Gerstle Park areas, asking the following: (1) That speeders be ticketed; (2) That signs be posted re 3 -way stops; (3) Pedestrian walkways be monitored especially on D Street and in the area of Davidson School. Requests were referred to staff for review. CONSENT CALENDAR Item Recommended Action 2. Approval of Minutes of Regular Approved as submitted. Meeting of August 4, 1986 (CC) 3. Approval of Parcel Map and Agree- RESOLUTION NO. 7409 - AUTHORIZING ment - Civic Center North Sub- EXECUTION OF AN AGREEMENT TO division (PW) - File 5-1-303x ANNEX TO FLOOD CONTROL ZONE 7 10 x 1 (between City, GOS Joint Venture and Los Galinas Development, Inc.) 4. Resolution Certifying Negative Declaration for Mountain View Avenue Storm Drain Improvements (PW) - File 4-1-397 x 9-3-40 5. Authorization to Waive Formal Bidding Process for the Emergency Relocation of a Storm Drain on Glen Park Avenue and Roger Drive (PW) - File 12-9 x 9-3-40 x 3-1-654 x 3-1-681 RESOLUTION NO. 7410 - APPROVING PARCEL MAP OF SUBDIVISION ENTITLED "CIVIC CENTER NORTH" (and authorizing Execution of the Standard Subdivision Agreement) RESOLUTION NO. 7411 - CERTIFYING A NEGATIVE DECLARATION FOR STORM DRAIN SYSTEM - MOUNTAIN VIEW AVENUE - 1986 RESOLUTION NO. 7412 - TO WAIVE FORMAL BIDDING PROCESS FOR THE EMERGENCY RELOCATION OF A STORM DRAIN ON GLEN PARK AVENUE AND ROGER DRIVE (City Council authorized use of $50,000 from unallocated reserves to fund relocation project) 6. Authorization to Call for Bids for Approved staff recommendation, Sun Valley Open Space Mitigation authorizing call for public bids Improvements (PW) - File 6-36 for construction of Sun Valley Open Space Mitigation Improvements. (Award of contract anticipated at Council Meeting of September 15, 1986.) SRCC MINUTES (Regular) 8/18/86 Page 1 SRCC MINUTES (RE lar) 8/18/86 Page 2 7. Resolution Authorizing Execution of Home Loan Agreement for City Manager - File 4-10-207 RESOLUTION NO. 7413 - AGREEMENT WITH PAMELA J. NICOLAI, CITY MANAGER RE HOME LOAN AGREEMENT, (located at 24 Minor Court, in amount of $180,000 to be paid over thirty (30) years, from September 15, 1986 through September 15, 2016 -variable interest rate) 8. Resolution of Appreciation - Art RESOLUTION NO. 7414 - OF APPRE- Brook, Senior Planner (Pl) - CIATION TO ART BROOK, SENIOR File 102 x 9-3-17 PLANNER (WHO SERVED NINE YEARS WITH THE PLANNING DEPARTMENT) 9. Acceptance of Statements of Dis- Accepted Statements of Disclosure. closure - Three Newly Appointed Redevelopment Citizens Advisory Committee Members: (CC) File (SRRA) R-140 IV a Suzan Davis Dale Bartley John S. Touchstone 10. Claims for Damages: (PW) a. P. Peter Demas - File 3-1-1130 b. Marin Yacht Club File 3-1-1139 c. 20th Century Insurance Company - File 3-1-1145 Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom ABSTAINED: COUNCILMEMBERS: Frugoli (from Minutes of August 4, 1986 only due to absence from meeting). 11. PRESENTATION OF RESOLUTION OF APPRECIATION TO ART BROOK, SENIOR PLANNER (Pl) - File 9-3-17 Mayor Mulryan presented a Resolution of Appreciation to Art Brook, Senior Planner and called for a short recess with refreshments to honor Mr. Brook who is leaving to work for the County of Marin. 12. PUBLIC HEARING - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT: (PW) - File 6-35.1 Mayor Mulryan declared the public hearing opened. Assistant Public Works Director Strom stated that this item was a continuation of the refunding of the Kerner Boulevard Assessment District which began July 21, 1986 with the public hearing to be held tonight as directed by Bond Counsel Daniel Bort of Sturgis, Ness, Brunsell & Sperry. Mr. Bort stated that this is a situation where the existing Assessment District bonds were sold when interest rates were higher than they are today. There now is an opportunity to save property owners money by selling a new series of bonds at a lower interest rate. The proceeds would then be used to retire the previous bonds; also, the annual savings in debt service in the Assessment District is between $55,000 and $60,000. Mr. Bort noted that no one should be included in the refunding assessment district who does not affirmatively sign up. He stated that his firm also recommends that the district not go forward unless the owners of at least 50 percent of the property agree to the refunding of the Assessment District. SRCC MINUTES (Regular) 8/18/86 Page 2 SRCC MINUTES (Re -Aar) 8/18/86 Page 3 Mr. Bort indicated that any testimony given be considered and that following the public hearing some changes in the Resolutions would be made. The purpose of the changes would allow some additional time and flexibility for any other property owners to sign up and who may have questions that could be answered by the underwriter in succeeding days. The amendments to the Resolutions would allow Ransom Coleman, Finance Director, the descretion and authority to execute the contract for the sale of bonds, to amend the Engineer's Report to include those wishing to be included and to exclude those not wanting to be included; also make any changes in the numbers reflected by the choices of the property owners. As there were no public comments, Mayor Mulryan closed the public hearing. At this time, Mr. Bort requested a short break to reword the Resolutions, and returned to the meeting (after the second public hearing, Item No. 13) to read the amended Resolutions as follows, at the request of Mayor Mulryan, who reconvened this item: a. AMENDED REASSESSMENT REPORT - TO BE FILED SUBJECT TO THE APPROVAL OF FINANCE DIRECTOR, RANSOM E. COLEMAN. b. RESOLUTION NO. 7415 - RESOLUTION APPROVING REASSESSMENT REPORT AND CONFIRMING REASSESSMENTS - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT (As amended to include the following as requested by Daniel Bort, Bond Counsel, first page, last paragraph) "Not withstanding any of the foregoing, Ransom E. Coleman, Finance Director of the City, is authorized to approve, file and record the Amended Reassessment Report as presented to him on or before August 29, 1986, to exclude any properties whose owners will not have executed consent and waivers to the reassessments, to record the reassessments levied herein accordingly, and to decline to accept the Amended Reassessment Report and decline to record any reassessments in the event the owners of less than 50% of the property area subject to assessment fail to sign such consent and waiver forms". AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom c. RESOLUTION NO. 7416 - RESOLUTION AUTHORIZING ISSUANCE OF REFUNDING BONDS - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT (As amended to include the following as requested by Daniel Bort, Bond Counsel, page 4, Section 9.) "Notwithstanding any of the foregoing, the figures in this are maximums, and Ransom E. Coleman is authorized to reduce those figures appropriately to reflect only those properties whose owners sign valid consent and waiver forms to the reassessment". AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom d. RESOLUTION NO. 7417 - RESOLUTION ORDERING SALE OF BONDS - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT (As amended to include the following as requested by Daniel Bort, Bond Counsel, first page, paragraph 4) "Notwithstanding any of the foregoing, Ransom E. Coleman, Finance Director of the City, is authorized to execute a contract for the sale of the bonds to Wulff, Hansen & Co. on the following conditions: SRCC MINTUES (Regular) 8/18/86 Page 3 SRCC MINUTES (Re._llar) 8/18/86 Page 4 1. The owners of at least 50% of the property area subject to assessment sign valid consents and waivers to the reassessment; 2. Mr. Coleman is satisfied with the pricing of the bonds and their interest rates; and 3. Mr. Coleman is informed that the unqualified legal opinion of Sturgis, Ness, Brunsell & Sperry approving the bonds will be forthcoming." AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 13. ED85-117; APPEAL OF PLANNING COMMISSION'S DENIAL OF DESIGN REVISIONS TO THE CALIFORNIAN (FORMERLY CENTERTOWN) - 63 UNIT SENIOR CITIZENS CONDOMINIUM; 855 "C" STREET; UNITED BANK (U.F. SERVICES CORP.), OWNER; CIC ASSOC., INC./BERT BERNHEIM, REP. AND APPELLANT; AP 11-254-18 (Pl) - File 10-7 x 5-1-286 Planning Director Moore stated that the permit which is the subject of the appeal was for proposed revisions to a 1983 approved Environmental Design Review. The revised General Plan will be proposing special guidelines for Second and Third Streets because they are major arterials in the City of San Rafael. Ms. Moore noted that staff and the Design Review Board determined that after this had gone before the Design Review Board four times, there is no merit in pursuing the environmental review process any further, that the major exterior elevation and material changes were not consistent with the City's design standards and that there is no room for further compromise or negotiation. The recommendation was forwarded to the Planning Commission who unanimously denied the revised environmental review application. Associate Planner Jensen stated that the modifications were as follows: (1) Modification of the floor plans to improve design, size and usability. (2) Changes in the private deck/balcony areas for each unit. (3) Changes in the outdoor common area intended for use by all residents. (4) Major exterior elevation changes. When the item was reviewed by the Planning Commission, the disadvan- tages outweighed the advantages. Advantages were that the floor plans were much better designed in terms of usability of space and the private deck areas were also improved. Disadvantages were: one elevator was eliminated as well as the community vans; two of the three roof decks were eliminated; although the basic bulk size and height of the building had not changed, the building elevations presented were found to be of a lower design quality. The design review permit was denied on a 6-0 vote. Mr. Bill Brannan, local manager for American Realty and Construction Incorporated in San Francisco, whose office is located in the Dean Witter building, gave background as to how the project was first conceived. The result now is that the Hibernia Bank owns the project. He noted that they would prefer having only one elevator as opposed to two elevators as stated in the original plan, and stated that the project should not be held up, as it is badly needed and should go forward. Bob Livingston, Chairman of the Planning Commission, stated that they recognize the need of housing in San Rafael; however, this project has gone through a number of owners and each time it drops in quality causing concern and should be dealt with at staff level. Mr. Paul Cohen, representing Carpenter's Union Local 35 stated that there were labor disputes on this project which have been resolved, and urged a settlement so the carpenters could go back to work. SRCC MINUTES (Regular) 8/18/86 Page 4 SRCC MINUTES (Re lar) 8/18/86 Page 5 Mr. Bert Bernheim with CIC Associates, Inc., a construction management/ general contractor firm, noted that the changes were made by practical consideration of a developer running out of funds, that the project was too expensive and could not meet the market price. He indicated that staff has stated that the floor plans and living area are better than they were orignally, and although they cut back on the roof terraces, the one kept is more usable and designed to become a social center for the project. He stated that comments made by staff and design review are subjective comments. In response to Mayor Mulryan's inquiry as to why he was involved with a debate on the exterior design, Mr. Bernheim said that the original exterior was too expensive. It had a bad impact on the interior design for each individual apartment and would not lay out well for furniture. He noted that the mass of the building, the number of apartment units, parking units and basic exterior material have remained the same, and was satisfied with the design. Planning Director Moore indicated that the main issue involves elevation, particularly along Third Street, commenting that the changes made would result in a building that would appear flat, three stories and look like a wall along Third Street, and noted that if the elevation cannot be resolved, a compromise cannot be reached. Mr. Bernheim stated that he does not recall his firm stating they would not change the elevation, which has been changed three times, adding that they have a bonafide architect, and if the City took each element, there is more relief now provided than there was originally, and stated that this is a subjective call. Councilmember Frugoli stated that he would prefer that a compromise be worked out between the developers and staff and brought back with a difference in elevation. Mayor Mulryan indicated that he is not directing the Planning Department to change from the original design, or compromise the City's position on this matter, but that staff should work with the developer to be sure that every alternative is considered. Councilmember Breiner questioned the elimination of the second elevator, commenting that two elevators should remain in the building. Councilmember Nave stated that both the developers, architect and staff should try again to resolve the problem. After dicussion, the public hearing was continued for one month to September 15, 1986, to allow staff to get together with the developer and architect to see if a solution can be worked out. It was pointed out by Mr. Brannan and acknowledged by staff that a seven person van was to be a part of the project, not seven vans as noted in the staff report. 14. Z86-2; ZONING ORDINANCE AMENDMENT TO SECTION 14.52.050(h) OF THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING EMERGENCY HOUSING AND RESIDENTIAL/ GROUP CARE FACILITIES AS CONDITIONAL USES IN THE PCM DISTRICT (P1) - File 10-3 x 13-16 Mayor Mulryan declared the public hearing opened. Planning Director Moore presented a Resolution Certifying a Negative Declaration for a Zoning Ordinance amendment to allow emergency housing specialized facilities in the PCM (Planned Commercial Manufacturing) District, as well as an Ordinance which would facilitate the implementation of a use permit conditionally approved by the Planning Commission to allow the Marin Housing Center to operate from the facility at 56 Harbor Street. SRCC MINUTES (Regular) 8/18/86 Page 5 SRCC MINUTES (Regular) 8/18/86 Page 6 Councilmember Breiner referred to a letter submitted from Mrs. Jestine D. Johnson of 49 Harbor Street, Unit D, San Rafael, and inquired if people are to be screened at the unit or elsewhere. Ms. Moore replied that the screening could be done either way, but that the majority of the screening would be held elsewhere. Councilmember Breiner recommended that the screening process be done separately at another location. Mr. Wayne Wexler, Executive Director of the Marin Housing Center stated that they are hoping to have a facility that will be staffed 24 hours a day because often they have elderly people, ill people and women with children who have nowhere to go during the day, especially during the winter months. Mr. Wexler indicated that they would prefer to have the screening done on site to consolidate the staff effort, thereby reducing costs; however, he indicated that the Planning staff suggested that screening be allowed at other locations, i.e. Ritter House and others, rather than forcing people to go to the Canal area when they are already in downtown San Rafael, Novato or elsewhere. Mr. Wexler said that they could set this as a policy. Mr. Jim Collins of 575 Canal Street, adjacent to the proposed housing facility, stated he had no objection to the proposed use, noting that people should have a place to live as he objected to seeing people sleeping in the streets. He asked that there be some police activity to periodically check on the use of the facility. Police Chief Ingwersen stated that the project should not require policing as it would actually be removing people from the streets by providing them shelter: Mr. Paul Cohen, representing the Board of Directors for the Marin Housing Center as well as the Carpenter's Local Union #35, stated that the use permit requirements included that staff monitor the unit concerning anyone being refused entry because of either a drug or alcohol problem to be certain that they leave the area, with staff to contact the police should there be any problems and the Board of Directors and staff would attempt to work out a solution to the problems. Mr. Cohen indicated that he is presently working on having the renovations done to the unit with the carpentry, painting, electrical and plumbing as well as the materials donated, and asked that in light of the donations, if the City Council would consider waiving the development and review fees of approximately $1,000. There being no further comments, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7418 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION FOR TEXT AMENDMENTS TO TITLE 14 (ZONING) TO SECTION 14.52.050 (h) TO ESTABLISH EMERGENCY HOUSING AND RESIDENTIAL/GROUP CARE FACILITIES AS CONDITIONAL USES IN THE P -C -M DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 14.52.050 OF THE SAN RAFAEL MUNICIPAL CODE TITLE 14 TO PERMIT EMERGENCY HOUSING SHELTERS, FAMILY AND GROUP CARE FACILITIES IN PCM (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL) DISTRICTS" Councilmember Nave moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1531 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC MINUTES (Regular) 8/18/86 Page 6 SRCC MINUTES (Re; lar) 8/18/86 Page 7 Councilmember Frugoli moved and Councilmember Nave seconded, that the planning and design fees be waived for the project to be located at 56 Harbor Street. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 15. STATUS REPORT ON EAST SAN RAFAEL JITNEY PROGRAM (CM) - File 11-33 RESOLUTION NO. 7419 - AUTHORIZING EIGHT THOUSAND DOLLARS ($8,000) FOR THE EAST SAN RAFAEL JITNEY PROGRAM (total contribution of $25,000 by the City of San Rafael) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 16. STATUS REPORT ON CLOSURE OF LOS RANCHITOS ROAD AND MODIFICATIONS TO HIGHWAY 101 HOV LANE - File 11-16 x 11-19 Mayor Mulryan stated that in order to extend the HOV Lane further South, it would be necessary to close Los Ranchitos Road temporarily. One meeting has been held with CalTrans and the County of Marin with Councilmembers Nave and Russom attending. The Council's view is that the City will not support the closure of Los Ranchitos Road on any extended basis unless the permanent opening of the additional lanes between Lincoln Avenue and Los Ranchitos Road be approved with a definite date for construction. Mr. Alfred Little of 221 Mirada, San Rafael, spoke against the closure of Los Ranchitos Road. Mrs. Alice Vipiana of 337 Mountain View Avenue, spoke on behalf of the Jensen Group, stating that they opposed the closing of the Los Ranchitos Road even on a temporary basis. After discussion, Council accepted the staff recommendation to continue the item until a formalized agreement can be reached with CalTrans and the County of Marin. Staff to investigate a suggestion made by Mrs. Vipiana to have the emergency access road (bike path) opened up for use of regular traffic as an interim measure. 17. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - OCTOBER 19-22, 1986, LOS ANGELES - File 9-11-1 After discussion, Council approved, without motion, Mayor Mulryan as Delegate to the League of California Cities Annual Conference in Los Angeles, with Councilmember Russom as a possible alternate. 18. FIRE DEPARTMENT REORGANIZATION (FD) - File 9-3-31 x 7-3 Acting City Manager/Fire Chief Marcucci stated that the reorganization entails creation of a Fire Mechanic position which would replace on -duty Fire Fighters acting as mechanics, and the addition of two full-time Dispatchers, thus eliminating the Fire Cadet program. He further stated that the Fire Department needs the support of maintenance and dispatch on a full-time basis rather than the now existing parttime positions. This would all be done within the existing budget. In response to Mayor Mulryan's inquiry about the possibility of having one dispatch unit between Fire and Police, Acting City Manager/ Fire Chief Marcucci replied that they have looked at this several times and found that there presently is no physical facility to accommodate this type of function. SRCC MINUTES (Regular) 8/18/86 Page 7 SRCC MINUTES (Re_.lar) 8/18/86 Page 8 After discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to accept staff recommendation that the proposed reorganization be implemented during Fiscal Year 1986-87 through the hiring of a Fire Mechanic and two additional Dispatchers; elimination of the Fire Cadet Program and staffing of an additional pumper during periods of potential demand by hiring back off-duty personnel, with implementation of a Summer Helper Program. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom ADD ITEMS 1. LEGISLATION AFFECTING SAN RAFAEL - File 9-1 Councilmember Breiner moved and Councilmember Frugoli seconded, to OPPOSE - AB 3398 (Cortese) Formaton of Local Agencies: Development Projects. Staff directed to contact State Senator Marks and his fellow conferees, requesting that they oppose AB 3398. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 2. RESOLUTION OF APPRECIATION - RECREATION - File 102 x 9-3-65 Mayor Mulryan stated the Resolution of Appreciation was being adopted in recognition of the Glenwood Children's Center staff for their assistance relating to a recent traffic accident involving a bus filled with children from their facility. Recreation Director McNamee added her acknowledgment for the assistance of Fire Chief Marcucci and the Fire Department's paramedic services. RESOLUTION NO. 7420 - OF APPRECIATION TO GLENWOOD CHILDREN's CENTER STAFF (Marian Carter-Idzerta, Becky O'Brian, Loudi Rivamonte, for their exceptional performance in the emergency situation and Janine Lagardere, Dianna Becker, Mike McGrath, Kellie Smith and Jamee Viola for their outstanding support and assistance.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom There being no further business, the meeting was adjourned. v JEANN . LEONCINI, ty Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 8/18/86 Page 8