HomeMy WebLinkAboutCC Minutes 1986-09-02SRCC MINUTES (Re --lar) 9/2/86 Page 1
In Conference Room 201 of the City of San Rafael, Tuesday, September 2,
1986 at 7:30 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1-4-1.a
1. No. 86-23(a) - (#2) and No. 86-23(b) - (#2),
No action was taken.
In the Council Chambers of the City of San Rafael, Tuesday, September
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: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini,
City Clerk; Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Item
Recommended Action
2. Approval of Minutes of Special Approved Minutes as submitted.
Meeting (Closed Session) of
August 11, 1986 and Regular
Meeting of August 18, 1986 (CC)
3. Resolution Amending Resolution RESOLUTION NO. 7421 - AMENDING
No. 7369 Amending the 1985/86 RESOLUTION NO. 7369 AMENDING THE
Budget (Fin) - File 8-5 1985/86 BUDGET
4. Resolution Setting the 1986-87
Property Tax Rate (Fin) -
File 9-12-1
RESOLUTION NO. 7422 - FIXING THE RATE
OF TAXES FOR FISCAL YEAR 1986-87 (at
$.007 for each $100.00 of full valuation -
for payment of principal and interest
on general obligation Open Space Bonds
and for payment of principal and
interest on Terra Linda Recreation
District Bonds assumed by City of San
Rafael on January 1, 1973)
5. Peacock Gap Improvement RESOLUTION NO. 7423 - AUTHORIZING THE
District - Resolution Authoriz- PARTIAL RELIEF OF ASSESSMENT FOR PROPERTY
ing a Partial Reduction of OF THE CATHOLIC ARCHDIOCESE WITHIN
Assessment for Catholic Arch- THE PEACOCK GAP IMPROVEMENT DISTRICT
diocese Property (PW) -
File 6-37
6. Authorization to Execute State
Program Supplement for Federal
Aid Emergency Relief Projects
(PW) - File 4-10-66 x 205 B x
i1 -a
RESOLUTION NO. 7424 - ADOPTING PROGRAM
SUPPLEMENT NO. 8 TO CITY-STATE AGREEMENT
NO. 04-5043 FOR FUNDING OF FEDERAL
AID PROJECT NO. ER -1272(1) FOR REIMBURSE-
MENT OF REPAIR WORK ON ANDERSEN DRIVE,
SUMMIT AVENUE AND MANDERLY ROAD (EFFECTIVE
2-12-86)
7. Adoption of Resolution Approv- RESOLUTION NO. 7425 - AMENDING RESOLUTIONS
ing Memorandum of Under- NOS. 6650 AND 7166 PERTAINING TO THE
standing (MOU) for Fire COMPENSATION AND WORKING CONDITIONS
Department Personnel (CM) - FOR FIRE DEPARTMENT PERSONNEL (2 year
File 7-8-2 x 7-3 x 8-5 Agreement, effective July 1, 1986 through
June 30, 1988)
SRCC MINUTES (Regular) 9/2/86 Page 1
SRCC MINUTES (Regular) 9/2/86 Page 2
8. Adoption of Resolution Amend- RESOLUTION NO. 7426 - AMENDING RESOLUTION
ing Resolution No. 7225 Per- NO. 7225 PERTAINING TO THE COMPENSATION
taining to the Compensation FOR MANAGEMENT AND MID -MANAGEMENT
for Management and Mid- EMPLOYEES (2 year Agreement, effective
Management (CM) - File 7-3 x July 1, 1986 through June 30, 1988)
8-5
9. Claims for Damages:
a. R.A.B. Motors Inc. (PD) -
File 3-1-1135
b. Aubra Kekule (PW) -
File 3-1-1140
c. Elizabeth Oare (PW) -
File 3-1-1141
Approved Insurance Consulting Associates,
Inc. recommendations for denial of
claims.
d. Winmore Development Co. (PW) -
File 3-1-1142
e. Alfredo Garcia (PW) -
File 3-1-1143
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Russom
Frugoli, Nave, Russom & Mayor Mulryan
(from Minutes of August 18, 1986
only due to absence from meeting).
10. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 1914
FOURTH STREET (LADY BALTIMORE BAKERY) (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that the Lady Baltimore Bakery
is in the process of getting permits for a utensil washing machine
that washes the large pots and other items, and the project costs
approximately $9,000. To remodel the bathroom would cost another
$5,000 which would make the project economically unfeasible. The
owners however, agreed to put in a ramp at the entrance to the building
and to provide a handicapped parking stall in front of the building.
Mr. Vernon Cox of the Marin Center for Independent Living agreed that
this was a reasonable compromise and recommended that Council approve
the appeal.
There being no further comments, Mayor Mulryan closed the public hea-
ring.
Councilmember Nave moved and Councilmember Breiner seconded, to approve
the staff recommendation that City Council, sitting as the Board of
Appeals, determined after hearing all testimony, that in this particular
case the provision of handicapped accessible toilet rooms would repre-
sent an unreasonable hardship, and directed staff to prepare an appro-
priate 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
11. PUBLIC HEARING - CONSIDERATION OF EXTENSION OF INTERIM URGENCY ORDINANCE
NO. 1529 OF THE CITY OF SAN RAFAEL, PROHIBITING ANY USES THAT MAY
BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT
ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858
- File 10-6 x 115
Mayor Mulryan declared the public hearing opened.
SRCC MINUTES (Regular) 9/2/86 Page 2
SRCC MINUTES (Regular) 9/2/86 Page 3
Planning Director Moore indicated that on January 20, 1986, the Council
instituted a development pause during preparation of a revised General
Plan by adopting Interim Urgency Ordinance No. 1524. The moratorium
development pause was extended on March 3, 1986 when Ordinance No. 1529
was adopted, which is now in affect, extending and modifying the
original Interim Urgency Ordinance, and is valid to September 8, 1986.
Ms. Moore indicated that there are several options available as to
what can be done in face of the September 8, 1986 expiration of the
Interim Urgency Ordinance.
1. The present Ordinance could be continued in effect without change
by a four-fifths vote of the Council with a continuance for any
period up to and including a maximum of one year.
2. The present Ordinance could be modified and then extended for
up to the same maximum time limit indicated above by a four-fifths
vote. Modification to the Ordinance presumably would affect Divi-
sion 3 which lists exemptions. For example, an exemption could
be added that would allow the processing of applications for pro-
jects consistent with the draft revised General Plan.
3. The present Ordinance could be allowed to expire with no other
action taken by the Council. This approach would result in, staff
believes, a significant rush of applications and potential for
the Planning Commission and Council to have to consider action
on development projects prior to adoption of the revised General
Plan.
4. The last option would be to let the present Ordinance expire but
adopt a Resolution containing specific procedures on how to handle
applications during the General Plan revision process. Such a
Resolution could authorize processing of only those applications
which are consistent with the draft revised General Plan. A Resolu-
tion requires three affirmative votes for passage.
Ms. Moore noted that there has been lots of construction and develop-
ment in San Rafael during the moratorium because of the wide range
in classes of exemptions that were included in Ordinance No. 1529.
She commented that there are several projects that have been held
up which were affected by the development moratorium including Canal -
ways, Ross General Hospital, Daphne/Bacciocco, Meyer Road Subdivision,
Civic Center North Condominiums, Scettrini/Civic Center Plaza Residen-
tial Development and Grange Heliport, some of which have complete
applications. Additionally, there were a few applications that were
voluntarily withdrawn because there would have been a State mandated
one year approval time frame expiring prior to the expiration of
the moratorium if it was extended. Two applications were denied without
prejudice by the City Council, McDonald's Restaurant at Willow and
Merrydale and Loch Lomond Unit 10.
Ms. Moore added that should everything go according to schedule,
the draft General Plan should be completed by September 19, 1986
and available to the public the following week.
Mayor Mulryan praised the Planning Department for their efforts in
getting work on the draft General Plan done up to this point in such
a short period of time and then asked for public comments.
Mr. Harry Winters, President of the West End Neighborhood Association
stated that as a participant, their association had not seen a draft
of the General Plan and was concerned about the plan being in its
final form without benefit of the association reviewing it.
Mayor Mulryan responded that the General Plan would not be coming
to Council in its final form but in draft form only, to be reviewed
by them and the community before it is finalized and that the review
process would take approximately two or three months.
SRCC MINUTES (Regular) 9/2/86 Page 3
SRCC MINUTES (Reg _ar) 9/2/86 Page 4
Mr. Ralph Crocker, representing Friends of Spinnaker Bay commented
that the Planning Department's staff report should have been issued
one week earlier, and noted that the moratorium should be continued
in its present form until the completion of the General Plan.
Mr. John Wallace, President of the Building Trades and Carpenters'
Business Agent spoke on ending the moratorium, citing its drastic
effect on their members.
Mr. Robert Hoffmann, representing Friends of Spinnaker Point stated
the material should have been available earlier for the public's
consideration and indicated that the Council should create an adequate
General Plan before ending the moratorium, adding that he is specifi-
cally concerned about stopping the Spinnaker -On -The Bay project or
whether a compromise can be reached.
Mr. Gil Deane, resident of San Rafael representing the Sierra Club,
urged the Council to continue the moratorium as it now stands.
Ms. Chris Bartel, resident of the Canal area, referred to a unit
in a new apartment building not yet completed in her area, stating
that it did not look as if it was conforming to the building codes
of the City. Mayor Mulryan directed Ms. Bartel to speak with the
Planning staff about this project. Ms. Bartel added that her residence
is built on filled land and with the Spinnaker project being built,
it is causing cracks in her home and commented that the land should
have been filled in all at once rather than piecemeal. She also
questioned the way the Council was implementing the current General
Plan.
Mr. Paul Cohen, resident at 514 "C" Street, and President of Carpen-
ter's Union Local 35, spoke as a citizen of San Rafael asking for
a system whereby a few months from now, staff could begin processing
applications during review of the draft General Plan.
Mr. Jay Brown, resident at 226 Catalina Boulevard in Spinnaker, spoke
on landfill in the area and how the settlement is affecting his condo-
minium, stating that there should be a planned and orderly way of
developing a project to protect the adjacent residential properties
before allowing more development.
Mr. Howard Council of Marinwood stated that he was not in favor of
ending the moratorium.
Ms. Angela Wood, resident of Spinnaker Point, referred to a letter
from Kam Esmail regarding damage to his home and stated that Spinnaker
Point should be excluded at this time, voicing concern about the
land fill causing their homes to shift.
Ms. Carol Dillon, resident of Terra Linda stated that San Rafael
is one of the best places to live and indicated that the moratorium
should end.
There being no further public comments, Mayor Mulryan closed the
public hearing.
Mayor Mulryan indicated that the Council has intentionally kept away
from the drafting of the General Plan and stated it was his opinion
that the moratorium should be extended with modifications and provi-
sions that will continue to allow exemptions.
Councilmember Nave stated that he was in favor of ending the moratorium
and spoke of the thousands of people who are unemployed because of
the moratorium.
Councilmember Breiner commented that she was in favor of extending
the Urgency Ordinance longer, noting it would be better for the
developers as well as easier on staff. She also felt that the Council
could be prejudicing the General Plan if they did not extend the
moratorium.
SRCC MINUTES (Regular) 9/2/86 Page 4
SRCC MINUTES (Reg, -tear) 9/2/86 Page 5
Councilmember Frugoli stated that housing is needed in Marin County
because population is decreasing daily with Sonoma County's increasing
because of the housing situation vs. jobs balance, and that he was
in favor of ending the moratorium.
Councilmember Russom noted that Planning staff has done an outstanding
job of working against a tight deadline, that they were close to
meeting the set target date, and that from a legal and logical stand-
point he felt the Council should extend the moratorium until the
General Plan is completed.
Councilmember Breiner directed a question to City Attorney Ragghianti
that if the Council allows the Ordinance to expire and some development
approvals are granted before the transportation funding and mitigation
measures have been adopted and density issues resolved, would the
City be setting themselves up as in the Calaveras County case.
City Attorney Ragghianti stated that this question should be answered
in closed session because of potential litigation.
Councilmember Breiner moved and Councilmember Russom seconded, to
extend the Interim Urgency Ordinance as stated in the staff report
under Option (1) for six months.
AYES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli & Nave
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan announced that the motion failed because four votes
are required to adopt an Urgency Ordinance.
As requested by Councilmember Nave, Planning Director Moore read
from the proposed Resolution with further modifications as presented
to the Council this evening:
"NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael does hereby establish the following procedures for
processing of all applications subject to Planning Department review:
(a) Effective September 8, 1986, Planning staff shall continue to
receive applications listed in Division No. 3 of Ordinance 1529."
Mayor Mulryan interjected that the continuing exemptions would remain
in place.
"(b) Effective September 8, 1986, Planning staff shall reactivate
complete applications which are consistent with the draft revised
General Plan to be released in September 1986.
(c) Effective October 1, 1986, Planning staff shall accept resubmitted
applications which were voluntarily withdrawn or which were denied
without prejudice during the effectiveness of Ordinances 1524
and 1529 and which are consistent with the draft revised General
Plan to be released in September 1986.
(d) Effective October 15, 1986, Planning staff shall accept all other
applications which are consistent with the draft revised General
Plan to be released in September 1986.
(e) Effective September 1986 and until a revised General Plan is
adopted by the City Council, Planning staff shall accept no more
than 50 applications in any calendar month."
Ms. Moore explained that item (e) is to maintain the level of activity
the department had pre -moratorium but to protect them from an overload
of new development applications during the public, Planning Commission
and City Council consideration of the draft.
"BE IT FURTHER RESOLVED that no development application shall be
approved by the City unless findings shall have first been made deter-
mining that said project is consistent with the revised General Plan
to be adopted, as well as the revised Zoning and Subdivision ordinances
to be adopted pursuant thereto."
SRCC MINUTES (Regular) 9/2/86 Page 5
SRCC MINUTES (Regular) 9/2/86 Page 6
Mayor Mulryan stated that the last paragraph is the key, explaining
that if this Resolution is adopted, no development will receive final
approval or vested rights unless it is determined and findings are
made by the City Council that an application is in compliance with
the final version of the adopted General Plan and not the draft General
Plan.
Councilmember Nave moved and Councilmember Breiner seconded, to adopt
the Resolution Establishing Procedures for Processing Applications
During Public Review and Consideration of a Revised General Plan
for the City of San Rafael.
RESOLUTION NO. 7427 - ESTABLISHING PROCEDURES FOR PROCESSING APPLICA-
TIONS DURING PUBLIC REVIEW AND CONSIDERATION
OF A REVISED GENERAL PLAN FOR THE CITY OF SAN
RAFAEL
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. REPORT ON BID OPENING AND AWARD OF CONTRACT - MOUNTAIN VIEW AVENUE
STORM DRAINAGE SYSTEM - 1986 (PW) - File 4-1-397 x 9-3-40
Public Works Director Bernardi informed the Council that the project,
which consists of installing a bypass storm drainage system in Mountain
View Avenue, is currently unbudgeted. The low bid of $895,520 from
Ghilotti Bros., Inc., is approximately $200,000 below the Engineer's
estimate; however, staff has been informed by the County of Marin
that under the provisions of Assembly Bill 2536, the State's storm
relief fund, under a second round of funding, the City will receive
$403,743 and the Board of Supervisors will allocate the money on
September 9, 1986.
Councilmember Frugoli moved and Councilmember Nave seconded, to adopt
a Resolution Awarding the Contract for Mountain View Avenue Storm
Drainage System -1986 to Ghilotti Bros., Inc. in the amount of $895,520
and allocate $985,000 from Unappropriated Reserves, which includes
Project Contingencies.
RESOLUTION NO. 7428 - AWARD OF CONTRACT RE MOUNTAIN VIEW AVENUE STORM
DRAINAGE SYSTEM - 1986 (to Ghilotti Brothers
Incorporated, low bidder, in amount of $895,520
and allocating $985,000 from unappropriated
reserves, which includes project contingencies).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1531, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN RAFEL 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 (P1) - File 10-3 x 13-16
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 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 Frugoli moved and Councilmember Nave seconded, to dis-
pense with the reading of the Ordinance in its entirety, to refer
to it by title only, and adopt Charter Ordinance No. 1531 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 9/2/86 Page 6
SRCC MINUTES (Regular) 9/2/86 Page 7
ADD ITEMS
1. CONTINUING PROBLEM OF ABANDONED CARS - File 13-9 x 4-8-16 x 9-3-30
Councilmember Breiner indicated that there is a continuing problem
of abandoned cars on the streets and asked that staff look into the
possibility of finding the owners who have abandoned the cars to
recoup the costs of having the cars towed away.
2. SUMMERHILL CONDOMINIUM PROJECT ON OLIVER HARTZELL SCHOOL SITE - REQUEST
FOR REPORT ON SEWER HOOKUPS - File 5-1-304 x 220 x 10-5
Councilmember Breiner stated that the Las Gallinas Sanitary District
has held up the Hartzell School site (Summerhill Condominium Project)
approved housing, and asked staff to bring back a report on the verifi-
cation of number of sewer hookups.
Planning Director Moore noted that this work is being done at the
present time.
There being no further business, the meeting was adjourned.
JEAN Nf, LEONCINI,ICITY CLERK
APPROVED THIS DAY OF 1986
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 9/2/86 Page 7