HomeMy WebLinkAboutCC Minutes 1986-12-15SRCC MINUTES (RegulE 12/15/86 Page 1
R E V I S E D
In Conference Room 201 of the City of San Rafael, Monday, December 15,
1986 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 86-30(a) - (#2). No. 86-30(b) - (#1) Albert E. Cordova, Linda
L. Cordova and Winmore Development Company, a General Partnership;
No. 86-30(c) - (#1) Jan Pietrzak and Alicja Pietrzak vs. City of San
Rafael, County of Marin, et al.; No. 86-30(d) - (#6).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, December 15,
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 COMMUNICATIONS OF AN URGENCY NATURE:
COMMISSION ON AGING - File 199
Mrs. Anna Stern, San Rafael Representative on the Commission on Aging
and the Ad Hoc Committee to Seek Advocacy for the Establishment of an
Aging Research Institute in Marin County, asked the Council for their
support of the program.
CONSENT CALENDAR
2.
3.
4.
5.
Approval of Minutes of Regular
Meeting of December 1, 1986 (CC)
Report on Discussion Regarding
Ferryboat Landing at McNears
Point (Catamaran Services) (PW)
File 225
RECOMMENDED ACTION
Approved as submitted.
Accepted report. Proposal to be
discussed with the County of Marin
- and report to be brought back
to Council with further information.
Report on Bid Opening and Award
of Contract - Renovation of Terra
Linda Recreation Center (PW) -
File 4-1-404
Resolution of Intention to Vacate
10 Foot Sewer Outfall Easement -
Windward Way Subdivision (PW) -
File 2-12 x 5-1-295 x 12-7
RESOLUTION NO. 7463 - AWARD OF
CONTRACT FOR RENOVATION OF BATH-
HOUSE AND COMMUNITY BUILDING -
TERRA LINDA RECREATION CENTER
(to Joseph E. Redmond, Inc., in
amount of $269,000 (low bidder)
and authorized additional project
allocation of $19,000 from the
Bedroom Tax Fund).
RESOLUTION NO. 7464 - RESOLUTION
OF INTENTION TO VACATE 10' WIDE
SEWER OUTFALL EASEMENT - MAP OF
WINDWARD WAY, SAN RAFAEL, CALI-
FORNIA (Public Hearing to be
2. APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 15, 1986 (CC) -
File 1-4
Councilmember Breiner asked that the action be included in the Minutes
on Item 13 as follows: "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".
Councilmember Breiner moved and Councilmember Nave seconded, to approve
the Minutes of the Regular Meeting of December 15, 1986, as amended.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
SRCC MINUTES (Regul 1 12/15/86 Page 2
10. Report Re City of San Rafael Com-
pliance With Revenue Sharing
Handicapped Regulations (CM) -
File 13-1-1 x 8-9
RESOLUTION NO. 7465 - APPROVING
AND ADOPTING A GRIEVANCE PROCEDURE
TO COMPLY WITH FEDERAL OFFICE
OF REVENUE SHARING HANDICAPPED
REGULATIONS
11. Report on Closure of Falkirk Approved staff recommendation
for Termite Fumigation (Lib/Cult. to close Falkirk December 25,
Affs) - File 9-3-84 1986 through January 17, 1987
for fumigation.
12. Structural Report on Falkirk
Facility (Lib/Cult.Affs) -
File 9-3-84
14.
15.
Adoption of Resolution Approving
Lease Agreements With the San
Rafael School District for Child
Care Centers: (Rec) File 4-7-16/
17/20/21
a. Bahia Vista
b. Gallinas
c. Glenwood
d. Short
Resolution to Accept the Increased
Cost of Living Adjustment (COLA)
(for the "Latchkey" Funds Contract)
Adopted by the State Department
of Education for Child Care
Service (Rec) - File 4-10-203 x
9-3-65
16. REQUEST FOR LEAVE TO PRESENT LATE
CLAIM - Stephen Fletcher, (PD) -
File 3-1-1151
17. Claims for Damages:
a. Peter J. Diguilio (PD) -
File 3-1-1173
b. Andrew D. Balch (PW) -
File 3-1-1175
c. Beth Denham (PW) -
File 3-1-1177
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
Accepted structural report.
RESOLUTION NO. 7466 - AUTHORIZING
AN EXPENDITURE OF $2,500 FOR
EMERGENCY STRUCTURAL REPAIRS TO
NORTH AND WEST CHIMNEYS OF FALKIRK
CULTURAL CENTER
(At request of staff, this item
has been rescheduled for meeting
of January 5, 1987.)
RESOLUTION NO. 7467 - APPROVING
THE 1986-87 "LATCHKEY" FUNDS
CONTRACT WITH THE STATE DEPARTMENT
OF EDUCATION ($48,780)
Approved Insurance Consulting
Associates, Inc. recommendation for
denial of request for leave
to present late claim.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
Frugoli, Nave & Mayor Mulryan
6. RESOLUTION APPROVING THE MARIN COUNTY FIVE YEAR FEDERAL AID URBAN
PROGRAM COMMENCING 1987-88 (PW) - File 4-10-66 x 11-15-1
In response to Councilmember Breiner's concern about why San Rafael
has so few projects on the FAU Program list, Public Works Director
Bernardi explained there is a 5 -year cycle to the program and indicated
the City's projects should appear in the program within the next 2-3
years.
RESOLUTION NO. 7468 - APPROVING A FIVE-YEAR FEDERAL AID URBAN PROGRAM
COMMENCING FY 1987/88 RECOMMENDED BY THE MARIN
COUNTY URBAN SYSTEM COMMITTEE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
SRCC MINUtes (Regular) 12/15/86 Page 2
MP
a
SRCC MINUTES (Regular) 12/15/86 Page 3
ANNUAL TELEPHONE MAINTENANCE AGREEMENT WITH TEL -PLUS (Formerly Compath)
(CM) - File 4-3-88
Councilmember Frugoli reiterated his concerns about the quality of
the present telephone system and asked staff to look into the cost
of possibly replacing the whole telephone system.
City Manager Nicolai indicated that staff is in the process of looking
at alternative telephone systems, including new technology, cost,
conversion and servicing for consideration at the end of the amorti-
zation period for the current system.
RESOLUTION NO. 7469 - AUTHORIZING THE SIGNING OF A MAINTENANCE SERVICE
AGREEMENT WITH TEL PLUS FOR A PERIOD OF ONE
YEAR, COMMENCING DECEMBER 21, 1986, (at a cost
of $9,828.00)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
ACCEPTANCE OF VEHICLE REPLACEMENT LIST (CM) - File 9-3-80
Councilmember Breiner asked staff to submit the mileage of the vehicles
to be replaced to Council.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve staff recommendation authorizing staff to go out to bid for
the purchase of vehicles on the 1986-1987 Vehicle Replacement List.
Staff shall report back to Council for the approval and award of all
bids.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
13. RESOLUTION DENYING APPEAL AND UPHOLDING PLANNING COMMISSION DECISION
GRANTING A SIX MONTH USE PERMIT FOR UP86-26; ENTERTAINMENT NIGHTCLUB
WITHIN INDUSTRIAL BUILDING; 26 & 32 GARY PLACE; WILLIAM JOOST, OWNER;
L. WAYNE BATMALE, AVCAR RENTALS, APPELLANT: AP 18-063-04 (P1) - File
10-5
Councilmember Frugoli asked for a roll call on this item.
RESOLUTION NO. 7470 - RESOLUTION DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S CONDITIONAL APPROVAL OF
A USE PERMIT FOR A NIGHTCLUB USE WITH LIVE
ENTERTAINMENT AT 26-32 GARY PLACE (UP86-26)
AYES: COUNCILMEMBERS: Breiner, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Russom
18. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 4230
REDWOOD HIGHWAY (TERRA LINDA VETERINARY HOSPITAL); APPELLANT, ANDREW
IRVING, D.V.M.; AP 155-171-09 (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that an application had been
made for a building permit to add space to a veterinary hospital at
4230 Redwood Highway, and that the cost to remodel the existing toilet
room is estimated at $14,500 and is considered to be an unreasonable
hardship. Staff has contacted the Marin Center for Independent Living
and they feel that the requirement for an accessible toilet room is
unwarranted at this time.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
SRCC MINTUES (Reuglar) 12/15/86 page 3
SRCC MINUTES (Regular) 12/15/86 Page 4
Councilmember Nave moved and Councilmember Breiner seconded, that
the City Council, sitting as the Board of Appeals, grant the appeal
and 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 & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
19. PUBLIC HEARING - Z83 -5(b); TIME EXTENSION FOR PREVIOUS APPROVAL OF
MARIN SHORES TOWNHOUSES; 310-330 POINT SAN PEDRO ROAD; MARIN YACHT
CLUB, OWNER; MICHAEL H. BROUGHTON, REP.; AP 9-031-14 (P1) - 10-3
Mayor Mulryan declared the public hearing opened.
Principal Planner Jensen stated that this item is a request for a
time extension for the plan development zoning for 6 townhouse units
that was originally granted in July 1983. The extension was reviewed
by the Planning Commission on November 10, 1986 and recommended for
approval along with accompanying permits for the development. The
Planning Commission reviewed the project in relation to the draft
general plan and found it to be consistent with the recommended policies,
and recommended that the extension be granted for the 18 month period
as specified in the staff report.
Mr. F. A. Jorgensen of 50 Puerto Bello Drive stated that he understood
this project to be for a six month extension and not an 18 month exten-
sion. In reviewing the staff report, it was found that Mr. Jorgensen
had read the report in error.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
RESOLUTION NO. 7471 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION
FOR AN ORDINANCE TO AMEND TITLE 14 (ZONING)
OF THE MUNICIPAL CODE FOR REZONING OF PROPERTY
LOCATED AT 310-330 PT. SAN PEDRO ROAD TO P -D
(PLANNED DEVELOPMENT) DISTRICT FOR DEVELOPMENT
OF SIX TOWNHOUSE UNITS (AP 9-031-14)
AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Russom
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF
THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION
14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT (310-330 PT. SAN PEDRO ROAD)
(Marin Shores Townhouses)
Councilmember Frugoli moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1533 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Russom
20. PUBLIC HEARING - CONSIDERATION OF PROPOSED ORDINANCE TO PROVIDE A
LIMIT ON THE TOTAL AMOUNT OF TAX INCREMENT THE SAN RAFAEL REDEVELOPMENT
AGENCY MAY RECEIVE OVER THE LIFE OF THE REDEVELOPMENT PLAN (RA) File
140 x (SRRA) R-140 I x R-202
Mayor Mulryan declared the public hearing opened.
Assistant Executive Director Ours stated the Health and Safety Code
requires that the Redevelopment Plan be amended since it was adopted
prior to October 1976. The amendment will do three things: 1) The
SRCC MINUTES (Regular) 12/15/86 Page 4
SRCC MINUTES (Regula. 12/15/86 Page 5
total amount of tax increment funds which may be allocated to the
San Rafael Redevelopment ("Agency") Pursuant to the Plan shall not
2X004��8,888,8��; 2l The Agency shall not establish any loans,
advances or indebtedness to finance the Central San Rafael Redevelopment
Project after December 31, 2017 and 3) The Agency shall not commence
any eminent domain proceedings to acquire any property in the area
governed by the Plan after December 31, 1998.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOMENT PROJECT
TO PROVIDE A LIMIT ON THE TOTAL AMOUNT OF TAX INCREMENT THE SAN RAFAEL
REDEVELOPMENT AGENCY MAY RECEIVE OVER THE LIFE OF THE REDEVELOPMENT
PLAN"
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1534 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
21. DISCUSSION OF TRANSIT ISSUES - File 11-16 x 11-1
Councilmember Breiner stated that although she was unable to attend
a meeting on Carpool Competition which was proposed by Wendy Baker
of Fairfax, she presented a Preliminary Fact Sheet on the subject.
Mrs. Breiner noted that the idea has merit but indicated that the
City has a well structured TSM Committee and it would be counter produc-
tive to divert energies toward the carpool competition structure.
Staff was also asked to investigate the use of club buses from the
Sonoma and Petaluma area to East San Rafael in place of the SMART
transportation.
22. REPORT ON CORPS OF ENGINEERS' GENERAL INVESTIGATION STUDY OF THE SAN
RAFAEL CANAL (PW) - File 12-10 x 9-3-40
Public Works Director Bernardi informed Council that this was an updated
report on the Corps of Engineers' General Investigation Study of the
San Rafael Canal, noting that this is the first one done by San Francisco
in the last 10 years. He stated that September 19, 1987 is the date
set for the completion of the Reconnaissance Study. When completed
it will shuttle to the various offices for necessary approvals and
another feasibility study will then take place for a flood control
project. Prior to the study the following must be accomplished: 1)
Get authorization by Congress as well as have funds appropriated;
and 2) San Rafael gets involved in a project as a project sponsor.
At this point, the Assistant Secretary of the Army has stated that
the cities will be responsible for half the cost of the feasibility
study, which amounts to approximately $350,000 for the City of San
Rafael and the total cost is $700,000.
In response to Mayor Mulryan's concern that this was not required
in previous dredging, Mr. Bernardi stated that this is a separate
issue from the dredging, and is an alternate flood control project
to prevent flooding along San Rafael Canal.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
accept the staff report.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
SRCC MINUTES (Regular) 12/15/86 Page 5
SRCC MINUTES (Regular) 12/15/86 Page 6
23. REPORT ON CHANGES IN BROWN ACT OPEN MEETING REQUIREMENTS (CA) - File
9-1 x 9-1-2 x 1-4-2x 9-3-16
City Attorney Ragghianti indicated that the changes in the Brown Act,
effective January 1, 1987, require posting of an agenda 72 hours prior
to a regular meeting in a location accessible to the public, and noted
that once the agenda has been posted for a regular meeting, it may
not be changed unless certain circumstances exist which must be outlined
in the staff report and cited in the Minutes of the meeting. He added
that an agenda for a special meeting must be posted 24 hours before
the meeting and indicated that legal actions may be brought to obtain
a judicial declaration that actions taken in violation of the act
are void. Mr. Ragghianti noted that currently and for many years
prior to this time, actions taken by a legislative body which may
have technically violated the Brown Act nevertheless were valid.
The staff report also pointed out that every agenda for regular meetings
must provide an opportunity for the public to address the legislative
body on items within the subject matter jurisdiction of the body;
provided, however, that the body may not take action on any item which
did not appear on the agenda, unless an emergency exists or the need
to take action arose after the posting of the agenda. The legislative
body may adopt reasonable rules regulating the presentation of matters
to the body, including limits on total time allowed to each speaker
or for a particular item.
The agenda must contain a brief general description of each item of
business to be transacted or discussed at the meeting, sufficient
to reasonably inform the general public of the nature of the item.
RESOLUTION NO. 7472 - RESOLUTION ESTABLISHING GUIDELINES FOR COMPLIANCE
WITH A.B. 2674 AMENDMENTS TO THE OPEN MEETING
REQUIREMENTS OF THE BROWN ACT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
There being no further business, the meeting was adjourned.
-A • .
JEANN `UNI- LEONCINI, ity Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
1987
SRCC MINUTES (Regular) 12/15/86 Page 6
SRCC MINUTES (Regular 12/15/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, December 15,
1986 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 86-30(a) - (#2). No. 86-30(b) - (#1) Albert E. Cordova, Linda
L. Cordova and Winmore Development Company, a General Partnership;
No. 86-30(c) - (#1) Jan Pietrzak and Alicja Pietrzak vs. City of San
Rafael, County of Marin, et al.; No. 86-30(d) - (#6).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, December 15,
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 COMMUNICATIONS OF AN URGENCY NATURE:
COMMISSION ON AGING - File 199
Mrs. Anna Stern, San Rafael Representative on the Commission on Aging
and the Ad Hoc Committee to Seek Advocacy for the Establishment of an
Aging Research Institute in Marin County, asked the Council for their
support of the program.
CONSENT CALENDAR
2.
3.
4.
5.
7.
Approval of Minutes of Regular
Meeting of December 1, 1986 (CC)
Report on Discussion Regarding
Ferryboat Landing at McNears
Point (Catamaran Services) (PW)
File 225
RECOMMENDED ACTION
Approved as submitted.
Accepted report. Proposal to be
discussed with the County of Marin
- and report to be brought back
to Council with further information.
Report on Bid Opening and Award
of Contract - Renovation of Terra
Linda Recreation Center (PW) -
File 4-1-404
Resolution of Intention to Vacate
10 Foot Sewer Outfall Easement -
Windward Way Subdivision (PW) -
File 2-12 x 5-1-295 x 12-7
Acceptance of Annual Report and
Audit for the San Rafael Redevel-
opment Agency (RA) - File 8-3 x
(SRRA) R-62
RESOLUTION NO. 7463 - AWARD OF
CONTRACT FOR RENOVATION OF BATH-
HOUSE AND COMMUNITY BUILDING -
TERRA LINDA RECREATION CENTER
(to Joseph E. Redmond, Inc., in
amount of $269,000 (low bidder)
and authorized additional project
allocation of $19,000 from the
Bedroom Tax Fund).
RESOLUTION NO. 7464 - RESOLUTION
OF INTENTION TO VACATE 10' WIDE
SEWER OUTFALL EASEMENT - MAP OF
WINDWARD WAY, SAN RAFAEL, CALI-
FORNIA (Public Hearing to be
held January 19, 1987, at 8:00
O'Clock PM in the Council Chambers
at City Hall)
Approved annual report and audit
and approved staff recommendation
to forward to State Controller.
SRCC MINUTES (Regular) 12/15/86 Page 1
SRCC MINUTES (Regular 12/15/86 Page 2
10. Report Re City of San Rafael Com- RESOLUTION NO. 7465 - APPROVING
pliance With Revenue Sharing AND ADOPTING A GRIEVANCE PROCEDURE
Handicapped Regulations (CM) - TO COMPLY WITH FEDERAL OFFICE
File 13-1-1 x 8-9 OF REVENUE SHARING HANDICAPPED
REGULATIONS
11. Report on Closure of Falkirk Approved staff recommendation
for Termite Fumigation (Lib/Cult. to close Falkirk December 25,
Affs) - File 9-3-84 1986 through January 17, 1987
for fumigation.
12. Structural Report on Falkirk
Facility (Lib/Cult.Affs) -
File 9-3-84
Accepted structural report.
RESOLUTION NO. 7466 - AUTHORIZING
AN EXPENDITURE OF $2,500 FOR
EMERGENCY STRUCTURAL REPAIRS TO
NORTH AND WEST CHIMNEYS OF FALKIRK
CULTURAL CENTER
14. Adoption of Resolution Approving (At request of staff, this item
Lease Agreements With the San has been rescheduled for meeting
Rafael School District for Child of January 5, 1987.)
Care Centers: (Rec) File 4-7-16/
17/20/21
a. Bahia Vista
b. Gallinas
c. Glenwood
d. Short
15. Resolution to Accept the Increased
Cost of Living Adjustment (COLA)
(for the "Latchkey" Funds Contract)
Adopted by the State Department
of Education for Child Care
Service (Rec) - File 4-10-203 x
9-3-65
RESOLUTION NO. 7467 - APPROVING
THE 1986-87 "LATCHKEY" FUNDS
CONTRACT WITH THE STATE DEPARTMENT
OF EDUCATION ($48,780)
16. REQUEST FOR LEAVE TO PRESENT LATE Approved Insurance Consulting
CLAIM - Stephen Fletcher, (PD) - Associates, Inc. recommendation for
File 3-1-1151 denial of request for leave
to present late claim.
17. Claims for Damages:
a. Peter J. Diguilio (PD) -
File 3-1-1173
b. Andrew D. Balch (PW) -
File 3-1-1175
c. Beth Denham (PW) -
File 3-1-1177
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
Frugoli, Nave & Mayor Mulryan
6. RESOLUTION APPROVING THE MARIN COUNTY FIVE YEAR FEDERAL AID URBAN
PROGRAM COMMENCING 1987-88 (PW) - File 4-10-66 x 11-15-1
In response to Councilmember Breiner's concern about why San Rafael
has so few projects on the FAU Program list, Public Works Director
Bernardi explained there is a 5 -year cycle to the program and indicated
the City's projects should appear in the program within the next 2-3
years.
RESOLUTION NO. 7468 - APPROVING A FIVE-YEAR FEDERAL AID URBAN PROGRAM
COMMENCING FY 1987/88 RECOMMENDED BY THE MARIN
COUNTY URBAN SYSTEM COMMITTEE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
SRCC MINUTES (Regular) 12/15/86 Page 2
SRCC MINUTES (Regular) 12/15/86 Page 3
8. ANNUAL TELEPHONE MAINTENANCE AGREEMENT WITH TEL -PLUS (Formerly Compath)
(CM) - File 4-3-88
Councilmember Frugoli reiterated his concerns about the quality of
the present telephone system and asked staff to look into the cost
of possibly replacing the whole telephone system.
City Manager Nicolai indicated that staff is in the process of looking
at alternative telephone systems, including new technology, cost,
conversion and servicing for consideration at the end of the amorti-
zation period for the current system.
RESOLUTION NO. 7469 - AUTHORIZING THE SIGNING OF A MAINTENANCE SERVICE
AGREEMENT WITH TEL PLUS FOR A PERIOD OF ONE
YEAR, COMMENCING DECEMBER 21, 1986, (at a cost
of $9,828.00)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
9. ACCEPTANCE OF VEHICLE REPLACEMENT LIST (CM) - File 9-3-80
Councilmember Breiner asked staff to submit the mileage of the vehicles
to be replaced to Council.
Councilmember Breiner moved and Coucilmember Frugoli seconded, to
approve staff recommendation authorizing staff to go out to bid for
the purchase of vehicles on the 1986-1987 Vehicle Replacement List.
Staff shall report back to Council for the approval and award of all
bids.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
13. RESOLUTION DENYING APPEAL AND UPHOLDING PLANNING COMMISSION DECISION
GRANTING A SIX MONTH USE PERMIT FOR UP86-26; ENTERTAINMENT NIGHTCLUB
WITHIN INDUSTRIAL BUILDING; 26 & 32 GARY PLACE; WILLIAM JOOST, OWNER;
L. WAYNE BATMALE, AVCAR RENTALS, APPELLANT: AP 18-063-04 (P1) - File
10-5
Councilmember Frugoli asked for a roll call on this item.
AYES: COUNCILMEMBERS: Breiner, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Russom
18. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS RE UIREMENTS - 4230
REDWOOD HIGHWAY (TERRA LINDA VETERINARY HOSPITAL ; APPELLANT, ANDREW
IRVING, D.V.M.; AP 155-171-09 (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that an application had been
made for a building permit to add space to a veterinary hospital at
4230 Redwood Highway, and that the cost to remodel the existing toilet
room is estimated at $14,500 and is considered to be an unreasonable
hardship. Staff has contacted the Marin Center for Independent Living
and they feel that the requirement for an accessible toilet room is
unwarranted at this time.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
Councilmember Nave moved and Councilmember Breiner seconded, that
the City Council, sitting as the Board of Appeals, grant the appeal
and directed staff to prepare an appropriate Resolution With Findings
and bring said Resolution back for adoption at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
SRCC MINUTES (Regular) 12/15/86 Page 3
SRCC MINUTES (Regul,_ 12/15/86 Page 4
19. PUBLIC HEARING - Z83 -5(b); TIME EXTENSION FOR PREVIOUS APPROVAL OF
MARIN SHORES TOWNHOUSES; 310-330 POINT SAN PEDRO ROAD; MARIN YACHT
CLUB, OWNER; MICHAEL H. BROUGHTON, REP.; AP 9-031-14 (Pl) - 10-3
Mayor Mulryan declared the public hearing opened.
Principal Planner Jensen stated that this item is a request for a
time extension for the plan development zoning for 6 townhouse units
that was originally granted in July 1983. The extension was reviewed
by the Planning Commission on November 10, 1986 and recommended for
approval along with accompanying permits for the development. The
Planning Commission reviewed the project in relation to the draft
general plan and found it to be consistent with the recommended policies,
and recommended that the extension be granted for the 18 month period
as specified in the staff report.
Mr. F. A. Jorgensen of 50 Puerto Bello Drive stated that he understood
this project to be for a six month extension and not an 18 month exten-
sion. In reviewing the staff report, it was found that Mr. Jorgensen
had read the report in error.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
RESOLUTION NO. 7471 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION
FOR AN ORDINANCE TO AMEND TITLE 14 (ZONING)
OF THE MUNICIPAL CODE FOR REZONING OF PROPERTY
LOCATED AT 310-330 PT. SAN PEDRO ROAD TO P -D
(PLANNED DEVELOPMENT) DISTRICT FOR DEVELOPMENT
OF SIX TOWNHOUSE UNITS (AP 9-031-14)
AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Russom
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF
THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION
14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT (310-330 PT. SAN PEDRO ROAD)
(Marin Shores Townhouses)
Councilmember Frugoli moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1533 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli,
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Russom
20. PUBLIC HEARING - CONSIDERATION OF
LIMIT ON THE TOTAL AMOUNT OF TAX
AGENCY MAY RECEIVE OVER THE LIFE
140 x (SRRA) R-140 I x R-202
Nave & Mayor Mulryan
PROPOSED ORDINANCE TO PROVIDE A
INCREMENT THE SAN RAFAEL REDEVELOPMENT
OF THE REDEVELOPMENT PLAN (RA) File
Mayor Mulryan declared the public hearing opened.
Assistant Executive Director Ours stated the Health and Safety Code
requires that the Redevelopment Plan be amended since it was adopted
prior to October 1976. The amendment will do three things: 1) The
total amount of tax increment funds which may be allocated to the
San Rafael Redevelopment ("Agency") pursuant to the Plan shall not
exceed $240,000,000; 2) The Agency shall not establish any loans,
advances or indebtedness to finance the Central San Rafael Redevelopment
Project after December 31, 2017 and 3) The Agency shall not commence
any eminent domain proceedings to acquire any property in the area
governed by the Plan after December 31, 1998.
SRCC MINUTES (Regular) 12/15/86 Page 4
SRCC MINUTES (Regular) 12/15/86 Page 5
There being no further comments, Mayor Mulryan closed the public hear-
ing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOMENT PROJECT
TO PROVIDE A LIMIT ON THE TOTAL AMOUNT OF TAX INCREMENT THE SAN RAFAEL
REDEVELOPMENT AGENCY MAY RECEIVE OVER THE LIFE OF THE REDEVELOPMENT
PLAN"
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1534 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
21. DISCUSSION OF TRANSIT ISSUES - File 11-16 x 11-1
Councilmember Breiner stated that although she was unable to attend
a meeting on Carpool Competition which was proposed by Wendy Baker
of Fairfax, she presented a Preliminary Fact Sheet on the subject.
Mrs. Breiner noted that the idea has merit but indicated that the
City has a well structured TSM Committee and it would be counter produc-
tive to divert energies toward the carpool competition structure.
Staff was also asked to investigate the use of club buses from the
Sonoma and Petaluma area to East San Rafael in place of the SMART
transportation.
22. REPORT ON CORPS OF ENGINEERS' GENERAL INVESTIGATION STUDY OF THE SAN
RAFAEL CANAL (PW) - File 12-10 x 9-3-40
Public Works Director Bernardi informed Council that this was an updated
report on the Corps of Engineers' General Investigation Study of the
San Rafael Canal, noting that this is the first one done by San Francisco
in the last 10 years. He stated that September 19, 1987 is the date
set for the completion of the Reconnaissance Study. When completed
it will shuttle to the various offices for necessary approvals and
another feasibility study will then take place for a flood control
project. Prior to the study the following must be accomplished: 1)
Get authorization by Congress as well as have funds appropriated;
and 2) San Rafael gets involved in a project as a project sponsor.
At this point, the Assistant Secretary of the Army has stated that
the cities will be responsible for half the cost of the feasibility
study, which amounts to approximately $350,000 for the City of San
Rafael and the total cost is $700,000.
In response to Mayor Mulryan's concern that this was not required
in previous dredging, Mr. Bernardi stated that this is a separate
issue from the dredging, and is an alternate flood control project
to prevent flooding along San Rafael Canal.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
accept the staff report.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
23. REPORT ON CHANGES IN BROWN ACT OPEN MEETING REQUIREMENTS (CA) - File
9-1 x 9-1-2 x 1-4-2
City Attorney Ragghianti indicated that the changes in the Brown Act,
effective January 1, 1987, require posting of an agenda 72 hours prior
to a regular meeting in a location accessible to the public, and noted
that once the agenda has been posted for a regular meeting, it may
not be changed unless certain circumstances exist which must be outlined
SRCC MINUTES (Regular) 12/15/86 Page 5
rs
SRCC MINUTES (Regula_ 12/15/86 Page 6
in the staff report and cited in the Minutes of the meeting. He added
that an agenda for a special meeting must be posted 24 hours before
the meeting and indicated that legal actions may be brought to obtain
a judicial declaration that actions taken in violation of the act
are void. Mr. Ragghianti noted that currently and for many years
prior to this time, actions taken by a legislative body which may
have technically violated the Brown Act nevertheless were valid.
The staff report also pointed out that every agenda for regular meetings
must provide an opportunity for the public to address the legislative
body on items within the subject matter jurisdiction of the body;
provided, however, that the body may not take action on any item which
did not appear on the agenda, unless an emergency exists or the need
to take action arose after the posting of the agenda. The legislative
body may adopt reasonable rules regulating the presentation of matters
to the body, including limits on total time allowed to each speaker
or for a particular item.
The agenda must contain a brief general description of each item of
business to be transacted or discussed at the meeting, sufficient
to reasonably inform the general public of the nature of the item.
RESOLUTION NO. 7472 - RESOLUTION ESTABLISHING GUIDELINES FOR COMPLIANCE
WITH A.B. 2674 AMENDMENTS TO THE OPEN MEETING
REQUIREMENTS OF THE BROWN ACT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
There being no further business, the meeting was adjourned.
JEANN LEONCINI, City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/15/86
1987
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