HomeMy WebLinkAboutCC Minutes 1986-12-01SRCC MINUTES (Regulai, 12/1/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, December 1, 1986
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 86-29(a) - (#1) Marjorie Hooper vs. City of San Rafael, Community
Electric Company, Richard Brambaugh, ABC Co., Matthew Tabarracci; No.
86-29(b) - (#2); No. 86-29(c) - (#2); No. 86-29(d) - (#2); No. 86-29
(e) - (#2); No. 86-29(f) - (#2).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, December 1, 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: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATION OF AN URGENCY NATURE:
DISPLACED HOMEMAKER EMERGENCY LOAN ACT BILL - File 9-1
Ms. Donna Franzblau, spoke on behalf of the Marin County Commission on the
Status of Women, re the Displaced Homemaker Emergency Loan Act Bill recently
passed.
CONSENT CALENDAR RECOMMENDED ACTION
2. Approval of Minutes of Regular Approved as submitted.
Meeting of November 17, 1986 (CC)
3. Report on Bid Opening and Award RESOLUTION NO. 7454 - AWARD
of Contract - Interior Painting OF CONTRACT TO BOB KUNST
of San Rafael Library - 1986 (PW) PAINTING, INC. (low bidder - for
File 4-1-405 Interior Painting of San Rafael
Library, for the base bid only in
the amount of $25,167.00)
6. Renewal of Excess Workers'
Compensation Insurance with
Employers Reinsurance Corporation
(Fin) - File 9-6-3
RESOLUTION NO. 7455 - AWARDING
WORKERS' COMPENSATION
INSURANCE FOR THE YEAR 1986/87
(to Employers Reinsurance Corporation
- at a bid of 20.95 per $100 of
payroll as submitted by Minto & Wilkie,
Insurance Broker)
7. Report on Distribution of Business Accepted financial report and
Improvement District Funds (Fin) - approved staff recommendation
File 183 authorizing Finance Director to
release funds to the Business
Improvement District. (Current
amount on deposit is $7,224.13)
8. Resolution Ratifying Agreement
with Amos Shattuck to Provide
Information Covering Commercial
and Industrial Buildings in
San Rafael (Fin) - File 4-3-176 x
(SRRA) R-140#7
RESOLUTION NO. 7456 - AUTHORIZING
SIGNING OF CONTRACT WITH AMOS
SHATTUCK TO COMPLETE A RESEARCH
PROJECT FOR COMMERCIAL AND
INDUSTRIAL PROPERTY (at $15.00
per hour, not to exceed $2,000,
Cost to be shared with the San
Rafael Redevelopment Agency)
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9. Request for Authorization to
Submit Grant Application to the
State of California for $122,000
in California Parklands Act of
1986 Grant Funds (Rec) -
File 4-10-211 x 9-3-65
RESOLUTION NO. 7457 - APPROVING
THE APPLICATION FOR GRANT FUNDS
UNDER THE CALIFORNIA PARKLANDS
ACT OF 1986 FOR GERSTLE PARK IRRI-
GATION RENOVATION, ALBERT STADIUM
LIGHTING RENOVATION AND ALBERT TENNIS
CENTER LIGHTING RENOVATION
10. Authorization to Simplify Official Approved staff recommendation.
Name of Falkirk Community Cultural
Center to Falkirk Cultural Center
(Lib/Cult.Affs) - File 9-3-84
11. Library Fine -Free Week December
7-13, 1986 (Lib) - File 9-3-61 x
9-10-2
13. Resolution Authorizing Amendment
of Resolution No. 7370 Dated
June 16, 1986 for the Purchase
of One i Ton Pickup Truck for
Public Works Department Utiliz-
ing Equipment Replacement -
File 4-2-209
14. Claims for Damages:
a. Northwestern Pacific
Railroad Company (PW) -
File 3-1-1049
b. Victor F. Hedemark (PW) -
File 3-1-1159
c. Dean Forshay (PD) -
File 3-1-1161
d. Matthew Tabarracci (PW) -
File 3-1-1170
e. Stephen Nass (PW) -
File 3-1-1171
Approved staff recommendation.
RESOLUTION NO. 7458 - AUTHORIZING
THE AMENDMENT OF RESOLUTION
NO. 7370 DATED JUNE 16, 1986 FOR
THE PURCHASE OF ONE z TON PICKUP
TRUCK FOR PUBLIC WORKS DEPARTMENT
(Staff authorized to negotiate the
purchase on the open market and that
vendor, Helton GMC of Corte Madera
be placed on the non -eligible bidders
list)
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
4. REPORT ON SOUNDWALLS - HIGHWAY 101 (PW) - File 11-16
Mayor Mulryan directed staff to ask CalTrans for a specific schedule
as to when landscaping would be done regarding appearance and diffusion
of the noise.
Councilmember Breiner referred to a letter received from Mr. & Mrs. Don
Wellington with suggestion that an acoustic material be sprayed on the
highway sound barriers or covered by planting. She asked that staff
find out from CalTrans if an acoustic material could be used in addition
to planting; also whether Caltrans was allowing ample room for landscaping
for not only vines but also trees.
Public Works Director Bernardi responded that the landscaping project
calls for some areas having only vines because of the tight condition,
and that trees will be planted where feasible.
The staff report was accepted, without motion.
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5. RENEWAL OF CONTRACT WITH JARDINE CLAIMS MANAGEMENT (FORMERLY EMETT AND
CHANDLER, SELF INSURANCE SERVICES, INC.) CLAIMS ADMINISTRATOR FOR WORKERS'
COMPENSATION PROGRAM FOR THE CITY OF SAN RAFAEL (PERIOD COVERED 12/1/86
THROUGH 11/30/87) (Per) - File 7-1-31 x 9-6-3
Mayor Mulryan referred to communication problems with the insurance
company, and inquired of staff as to what specifically should be done
to prevent problems in the future.
City Manager Nicolai stated that in the past there had been a lack of
communication with R.L. Kautz, then Emett Chandler and now Jardine Claims
Management, and said that part of the cause was in-house because of the
turnover in the City's Personnel Office. She indicated that with Personnel
Officer Suzanne Golt, a new relationship has been formed with the insurancE
company, that more specifics have been incorporated into the contract
and in reporting and staff meetings are being held on a consistent basis
with the Risk Management Group. Ms. Nicolai asked that more time be
given to see how it will work out.
RESOLUTION NO. 7459 - RESOLUTION AUTHORIZING SIGNING OF RENEWAL CONTRACT
WITH JARDINE CLAIMS MANAGEMENT, WORKERS' COMPENSATON
CLAIMS ADMINISTRATOR (Formerly Emett & Chandler
Self Insured Services, Inc./R.L. Kautz & Company)
(effective December 1, 1986 through November 30,
1987 at the annual rate of $36,200, with option
to renew contract for a second year at no more
than a 15 percent rate increase)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
Staff to monitor service and report back.
12. AUTHORIZATION TO APPROPRIATE $25,000 FROM THE DAVIDSON BEQUEST FOR CON-
SULTANT SERVICES TO DEVELOP A LIBRARY BUILDING PROGRAM (Lib) - File 8-20
x 9-3-61
Mayor Mulryan noted that a library study done a few years ago was not
mentioned in the staff report and was concerned that it be reviewed to
determine what ground work has already been done as to recommendations
on expansion.
Library Director Stratford indicated that the study referred to was done
by the Board of Library Trustees ten years ago and that the plans were
specific to the present site. He added that many of the items covered
ten years ago have been incorporated in the present planning study.
RESOLUTION NO. 7460 - RESOLUTION APPROPRIATING AN AMOUNT NOT TO EXCEED
$25,000 FROM THE DAVIDSON BEQUEST FOR CONSULTANT
SERVICES TO DEVELOP A LIBRARY BUILDING PROGRAM
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
15. PUBLIC HEARING - UP86-26; APPEAL OF PLANNING COMMISSION CONDITIONAL
APPROVAL OF ENTERTAINMENT NIGHTCLUB WITHIN INDUSTRIAL BUILDING; 26 AND
32 GARY PLACE; WILLIAM JOOST, OWNER; L. WAYNE BATMALE, AVCAR RENTALS,
APPELLANT; AP 18-063-04 (Pl) - File 10-5
Mayor Mulryan opened the public hearing.
Planning Director Moore indicated that in April 1986, a use permit appli-
cation was filed to establish a live entertainment nightclub use with
proposed hours from 8:00 PM to 2:00 AM. In order to meet the parking
requirements, the Applicant proposed to pave and stripe the adjacent
CalTrans property to provide the majority of parking use.
Ms. Moore noted that the Planning Commission considered the proposal
in August with the staff recommendation that a negative declaration be
certified and that the use permit be conditionally approved with numerous
SRCC MINUTES (Regular) 12/1/86 Page 3
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conditions of approval. A number of concerns were raised pertaining
to noise, lighting, adequacy of parking, vandalism and security. The
Planning Commission again reviewed the item in September and on a 4-1
vote, certified the negative declaration and conditionally approved the
project with revised conditions of approval.
On October 7, the Planning Commission action was appealed by Wayne
Batmale, operator of Avcar Rentals who made the following points:
(1) The adequacy of parking is seriously questioned.
That there is not enough parking (roughly one space for every 2.2
patrons) to service the anticipated number of patrons without
spilling over onto the public street or adjacent properties.
(2) The Appellant claims that parking is based on seating capacity of
225 patrons and does not take into consideration the potential for
additional "standing" patrons that would be allowed entry to the
club.
(3) Appellant does not feel confident that the use will operate in an
organized manner or that the use would not increase potential for
crime or vandalism in the area.
Staff and Planning Commission concluded that the proposed parking would
be adequate and particularly important because of a revised condition
that the Applicant include implementation of a valet parking program
to handle evenings of larger than usual crowds as covered in condition
"x". Additionally, more parking could be provided on the adjacent CaltranE
lot, if necessary.
The issue of vandalism was extensively reviewed with Police Department
staff who required special fencing and additional lighting as part of
the conditions of approval. Staff also checked with Vallejo where the
Applicant has another similar establishment which has been operating
without problems, according to the Vallejo Police Department.
The Planning Commission concluded that approval of the use permit is
reasonable provided that conditions of approval are implemented and
enforced.
Councilmember Frugoli inquired if employees were included in the parking
requirements, and Ms. Moore replied that it is generally included and
added that the nightclub may not have that intense a personnel use.
David Holcomb, Attorney with Bianchi, Hoskins, Stone, Paxton & Engel,
representing the Appellant spoke on the parking and vandalism problems
and the nightclub promoting loud rock 'n roll music; he noted that the
operators could crowd more than 400 people into the building, and reit-
erated there would be a parking problem.
Mr. Holcomb stated that it was proposed that Marin Square and the nightcluf
would use the same security force, implying that there would not be a
problem with Marin Square; however, they are not assured that this would
be adequate supervision. In conclusion, Mr. Holcomb noted that the
nightclub could draw people from all over the Bay Area which would open
up this sensitive area to potentially rowdy people.
Mr. William Joost, property owner, indicated that parking will be on
CalTrans' property under the freeway which is 64,000 square feet and
could handle an overflow of parking should there be a need. Mr. Joost
noted that the operators are responsible if the customers leaving the
nightclub are"under the influence"and are committed to see that this
does not happen.
Mr. Sared Sadvandi, who operates a similar nightclub in Vallejo, stated
he could not understand how Mr. Holcomb reached a figure of 400 people
being in the nightclub when, in fact, only 225 people would be allowed
by the Fire Department.
There being no further comments, Mayor Mulryan closed the public hearing.
SRCC MINUTES (Regular) 12/1/86 Page 4
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Councilmember Frugoli stated that he would not be voting for the use
permit because, as a former police officer, his experience with bands
in nightclubs proved to have problems.
Councilmember Breiner moved and Councilmember Nave seconded, to deny
the appeal and uphold the Planning Commission decision to grant a use
permit for the establishment and operation of a live entertainment
nightclub use at 26-32 Gary Place for six months. Staff to come back
to Council at the end of six months with a recommendation from the
Planning Commission as to the extension status, for Council approval.
AYES: COUNCILMEMBERS: Breiner, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Russom
A Resolution denying appeal and upholding Planning Commission decision
will be brought back to Council for approval at the next meeting.
16. REPORT ON PEACOCK GAP PUMP STATION EMERGENCY GENERATOR (PW) - File
12-9 x 9-3-40
Public Works Director Bernardi indicated that staff investigated the
Peacock Gap storm drainage system and noted that the report was divided
into three areas; (1) History and construction of the design; (2) Problems
with the existing system and (3) Solutions.
Mr. Bernardi indicated there are two solutions, a short term and a long
term. With the short term solution, the City can provide stand-by power
to be sure the pumps are operating. However, he noted that if there
is a mechanical breakdown there is not much that can be done except to
rely on the flooding backing onto the golf course.
Mr. Bernardi stated that because they are not certain of all the problems
at the pump station, three recommendations are being made as part of
the long term solution:
1. Conduct the necessary engineering studies to determine the actual
extent of the problems and to identify the necessity for more
extensive long term solutions.
2. Work with the Peacock Gap Homeowners Association to establish
a "study team" to develop long range solutions.
3. Incorporate long term recommendations into a City wide drainage
master plan.
Mr. Bernardi informed Council that he had met with Mrs. Mary Carpou and
representatives of the Dutra Construction Company to discuss whether
the Dutra firm could supply an emergency generator. He noted that from
quotes obtained by the City for the rental of an emergency generator
($4,200 a month, 4 months minimum), the Dutra Company is willing to commit
up to $7,300, if the Homeowners Association meets its commitment of $4,300
and if the City would also expend $7,300 for a total of $18,900. This
would cover the rental of the generator and the installation costs.
Mr. Dutra's representative also indicated they would be willing to assist
in the development of a long term solution.
In response to Councilmember Breiner's inquiry as to the responsibility
for the elimination of the silting in the lagoon, Mr. Bernardi replied
that based on Public Works' review of documents available to them, it
is their opinion that the City is not responsible for dredging out the
lagoon. The homeowners were informed of this and that the City would
provide whatever assistance they could. Mr. Bernardi noted that if there
is other information their legal counsel may have, the City will be glad
to review it.
Councilmember Breiner asked staff to get whatever information the home-
owners and/or their legal counsel may have as soon as possible because
of the concern of the lagoon.
SRCC MINUTES (Regular) 12/1/86 Page 5
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RESOLUTION NO. 7461 - AUTHORIZING EXPENDITURE OF $7,300 FOR EMERGENCY
GENERATOR AT PEACOCK GAP STORM WATER PUMP STATION
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
Mrs. Mary Carpou, President of Peacock Gap Homeowners Association, informer
Council that the Peacock Gap Country Club should be a part of the project,
and also thanked Council for their consideration.
17. COMMENDATION FOR POLICE DEPARTMENT PERSONNEL RE INCIDENT ON TUESDAY,
NOVEMBER 18, 1986 (CM) - File 102 x 9-3-30
Mayor Mulryan commended the San Rafael Police Department personnel for
their participation in an incident on November 18, 1986 involving the
death of former Marin County District Attorney, William O. Weissich.
RESOLUTION NO. 7462 - RESOLUTION OF APPRECIATION TO THE SAN RAFAEL POLICE
DEPARTMENT - Sergeant Michael Cronin, Officer Gregor)
P. Cella, Officer John S. Coen, Officer Douglas
R. Fletcher, Officer James A. MacDonald, Officer
John S. Needling, Dispatcher Lisa M. Waite and
Dispatcher Lynette M. Walker (for their participation
in an incident on November 18, 1986 involving the
death of former Marin County District Attorney,
William 0. Weissich)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
18. DISCUSSION OF UNIVERSAL LIFE INSURANCE PLAN PROPOSED TO BE OFFERED TO
CITY EMPLOYEES AT THEIR EXPENSE (Per) - File 7-1-33
City Manager Nicolai requested that because of the absence of Mr. James
Placak of Employee Optional Insurance Services, who was to speak on the
topic of the Universal Life Insurance Plan to be offered to City
employees at their expense, this item be continued to the next meeting
of December 15, 1986.
Council agreed to continue item to the meeting of December 15, 1986.
ADD ITEM
1. FRENCH QUARTER PARKING AREA - File 4-8-14 x (SRRA) R-61
Councilmember Breiner asked staff to monitor the French Quarter
parking area to determine if the parking spaces are being used at
8:30 - 9:00 AM by commuters and requested larger signs be placed
to indicate the French Quarter parking.
A•
JEA E -M. LEONCIN City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/1/86 Page 6