HomeMy WebLinkAboutCC Minutes 1985-02-04SRCC MINUTES k.,_ filar) 2/4/85 Page 1
In Conference Room 201 of the City of San Rafael, Monday, February 4,
1985 at 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1-4-1a
Beatrice Hough v. City of San Rafael, et. al, (Claim No. 3-1-772);
Forest Brandon v. City of San Rafael (Workers Compensation Claim);
Silvestri v. City of San Rafael (C.S.R.) Sequoia Insurance, Reiss,
Reiff, LaRock, Miller, John Beckstrom, Boro, Ganiard v. Guenza v.
C.S.R.
No action taken.
In the Council Chambers of the City of San Rafael, February 4, 1985, at
8:00 P.M.
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: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City
Clerk; Gary T. Ragghianti, City Attorney
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:00 P.M.
COMPLAINTS OF NOISE AT T&T BAR AND GRILL, 1325 FOURTH STREET - FILE 13-9
Mr. Joe Territo, of 1330 Fourth Street, spoke on complaints against the
T&T Bar and Grill located at 1325 Fourth Street, indicating that fellow
merchants were deceived by the Alcoholic Beverage Control (ABC) that T&T
Bar and Grill would sell only beer and wine but, in fact, has a full
service bar which has resulted with patrons being loud and rowdy. He
asked Council have ABC contacted to ask if the information given to
the surrounding merchants was factual. Mayor Mulryan directed staff to
submit a report from the San Rafael Police on the calls to them and
their nature, to be brought back at the next Council meeting on
February 19, 1985.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Nave seconded, to approve
the recommended action on the following consent calendar items:
Item
3. Change in Meeting Date to Tuesday,
February 19, 1985 Due to
Presidents' Day Holiday on
Monday, February 18, 1985 (CC) -
File 9-1
4. Resolution Authorizing Execution
of Grant Deed for Lot Line Adjust-
ment 21PM88 (SMITH RANCH ROAD)
(PW) - File 2-1-74
5. Approval of Subdivision Final
Map - Project "S" (Brent Dickens'
Property) (PW) - File 5-1-294
Recommended Action
Approved staff recommend-
ation.
RESOLUTION NO. 7018 -
AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A
GRANT DEED BETWEEN THE
CITY AND MEDICAL RETIRE-
MENT COMMUNITIES, INC.
RESOLUTION NO. 7019 -
APPROVING FINAL MAP OF
SUBDIVISION ENTITLED,
"PROJECT 'S "'
SRCC MINUTES (Regular) 2/4/85 Page 1
IU-
SRCC MINUTES k.. lar) 2/4/85 Page 2
6. Resolution of Appreciation for RESOLUTION NO. 7020 -
George Gerth, Traffic Engineer RESOLUTION OF APPRECIATION
(PW) - File 102 x 9-3-40 TO GEORGE E. GERTH (Who
served as Traffic Engineer
for the City of San Rafael
for Ten Years)
8. Adoption of Resolution Amending
Resolution of Intention No. 6447 -
Kerner Boulevard Assessment
District, to Provide for Alter-
native Method of Payment of
Assessments (PW) - File 6-35
12. Addendum to Vehicle Replacement
List (CM) - File 9-3-80
13. Claims for Damages:
a.
b.
c.
AYES:
NOES:
ABSENT:
Bonnie Cooke Adams,
Claim No. 3-1-925 (PW)
Leonard Appiano,
Claim No. 3-1-942 (PW)
RESOLUTION NO. 7021 -
AMENDING RESOLUTION OF
INTENTION NO. 6447 -
KERNER BOULEVARD ASSESSMENT
DISTRICT
Approved staff recommenda-
tion that staff be auth-
orized to bid on vehicles
on the Addendum to the
Vehicle Replacement List,
FY 1984/85; staff to
report back to Council for
the award of bids prior to
purchase.
Approved Insurance Con-
sulting Associates, Inc.
recommendations for
denial of claims.
American Motorist Ins. Co.
( Insured, Dr. Wm.
Shekter), Claim
No. 3-1-944 (PW)
COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
COUNCILMEMBERS: None
COUNCILMEMBERS: None
2. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 21, 1985 (CC) -
File 1-4
Councilmember Breiner requested that the following amendments be
made: Page 3, Item 9 - change words "this clarified" to "verifi-
cation that this practice be continued"; Page 3, Item 14, 1st para-
graph, change "for non -patient transports" to "to United for non -
transport ambulance calls".
Councilmember Breiner moved and Councilmember Nave seconded, to
approve Minutes of regular meeting of January 21, 1985, as amended.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Frugoli (due to absence from meeting)
7. RENEWAL OF TELEPHONE MAINTENANCE CONTRACT WITH COMPATH (CM) -
File 4-3-88
Councilmember Frugoli asked why this item had not gone through the
bidding process, as the contract was over $5,000. City Manager Beyer
indicated that staff did speak with other vendors, but presently,
Compath was the only firm within the area that could service the
system in the City. It is anticipated that next year there will be
some competition for the maintenance service. Councilmember Frugoli
asked that the bidding process be used in the future when a contract
is over $5,000.
SRCC MINUTES (Regular) 2/4/85 Page 2
SRCC MINUTES � alar) 2/4/85 Page 3
RESOLUTION NO. 7022 - RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT - RENEWAL OF THE
TELEPHONE MAINTENANCE CONTRACT WITH COMPATH
NATIONAL (Maintenance Service Agreement for a
period of one year commencing December 21, 1984
at $7,272 per year)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. RENEWAL OF CONTRACT WITH DATACOM SYSTEMS, INC. RE PROCESSING OF OUT-
OF-STATE PARKING CITATIONS (Fin) - File 4-3-98
Councilmember Frugoli asked Finance Director Coleman what amount of
money is collected yearly from Datacom for out-of-state parking
citations, and Mr. Coleman replied the average per month is approxi-
mately $200.
RESOLUTION NO. 7023 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH
DATACOM SYSTEMS CORPORATION TO COLLECT OUT-
OF-STATE PARKING CITATIONS (For one (1) year,
commencing 2/4/85 thru 2/3/86)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. ADOPTION OF RESOLUTION RESCINDING RESOLUTION NO. 5737 WHICH
ESTABLISHED THE MOBILE HOME PARK ADVISORY COMMITTEE (CM) - File 9-2-29
Councilmember Russom wanted to be certain that members of the Mobile
Home Park Advisory Committee and the Citizens Advisory Committee on
Energy had been acknowledged by letters of the action taken on these
two committees. City Manager Beyer assured Council that this had
been done.
RESOLUTION NO. 7024 - RESOLUTION RESCINDING RESOLUTION NO. 5737 DIS-
BANDING THE SAN RAFAEL MOBILE HOME ADVISORY
COMMITTEE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. RESOLUTION DISBANDING THE CITIZENS ADVISORY COMMITTEE ON ENERGY
(CM) - File 9-2-34
RESOLUTION NO. 7025 - RESOLUTION DISBANDING THE CITIZENS ADVISORY
COMMITTEE ON ENERGY
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14a.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS RE�UIRE MENTS -
2200 FOURTH STREET (GOLD NUGGET RESTAURANT) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Director of Public Works Bernardi reported that the applicant proposed
to remodel the Gold Nugget Restaurant, and the work would consist of
enclosing an existing covered open -sided area outside of the restaur-
ant area to provide a waiting area out of the weather for the res-
taurant's patrons. Estimated cost of the work is approximately
$15,000, and the accessibility requirements for the restrooms would
add an additional $9,500. Upon contacting the Marin Center for
Independent Living, their representative feels that the access
improvements are not warranted at this time.
Mayor Mulryan closed the public hearing.
SRCC MINUTES (Regular) 2/4/85 Page 3
S RCC MINUTES lar) 2/4/85 Page 4
Councilmember Breiner moved and Councilmember Nave seconded, to
direct staff to prepare Resolution with Findings and bring said
Resolution back for adoption at the meeting of February 19, 1985.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14c.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 30 GOLDEN
GATE DRIVE, SUITE 5 - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi reported that the applicant, Mr.
Christopher Desmond, proposed to have tenant improvements done to
create a photographer's studio for his own use. His budget is
$10,000, and improvements to provide accessible toilet room and ramp
would cost an additional $6,000, creating a hardship. Mr. Vernon
Cox, of the Marin Center for Independent Living, had been contacted
and stated that the access appeal is valid.
Mayor Mulryan closed the public hearing.
Councilmember Nave moved and Councilmember Frugoli seconded, to
direct staff to prepare Resolution with Findings and bring said
Resolution back for adoption at the meeting of February 19, 1985.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14d.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS -
1119 FOURTH 61'hhhT - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi reported that the applicant, Mr. Mark
N. Thompson, proposed to remodel a storefront into a takeout res-
taurant. His budget for this project is $26,000 and access require-
ments for an accessible toilet room and entry would be approximately
$15,000 - $20,000. Mr. Thompson proposes to make the entry acces-
sible, but is requesting an exemption for the toilet room. Mr.
Vernon Cox, of the Marin Center for Independent Living, stated that
an exemption for an accessible toilet room could be granted, but that
an effort should be made to correct the entry.
Councilmember Russom asked if the entry access was to come before the
Council for a waiver at a later date, or if this applied only to
restrooms, and Mr. Bernardi explained that access to the business is
required under State law. Originally, Mr. Thompson requested that
this provision be waived also because structural modifications to the
entryway would be needed.
Mayor Mulryan closed the public hearing.
Councilmember Nave moved and Councilmember Russom seconded to grant
the appeal and directed staff to prepare Resolution with Findings and
bring said Resolution back for adoption at the next meeting of
February 19, 1985. Provision for accessible restrooms and entry
waived but an effort to correct entry is to be studied further.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14e.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS -
842 FOURTH STREET - THE NEW GEORGE'S SALOON - File 13-1-1
Mayor Mulryan opened the public hearing.
SRCC MINUTES (Regular) 2/4/85 Page 4
SRCC MINUTES lar) 2/4/85 Page 5
Public Works Director Bernardi reported that the applicants, Messrs.
Tom Hutt and Don Swartz proposed to remodel by adding an 18" platform
for live music. The cost of the stage is $1,500 and access to that
stage would be between $1,500 and access to that stage would be
between $1,500 for ramp and $4,000 for a lift. In contacting the
Marin Center for Independent Living, they stated that access to the
stage could be waived.
Mayor Mulryan declared the public hearing closed.
Councilmember Frugoli moved and Councilmember Breiner seconded to
waive the access requirement for the $1,500 stage and directed staff
to prepare Resolution of Findings and bring said Resolution back for
adoption at the next meeting of February 19, 1985.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14b.PUBLIC HEARING - APPEAL OF BUILDING CODE SECTION 504 - RE: 25 DODIE
STREET; JOHN MEYER, APPELLANT - File 9-3-40 x 1-6-1
Mayor Mulryan opened the public hearing.
Public Works Director Bernardi pointed out to Council as a matter of
information, that the last four items regarding Handicapped Access
Appeals represent one-half percent of all permits issued by the
Public Works Department in one month, and that 99% have met the
handicapped requirements.
Mr. Bernardi continued that the item is an appeal of Building Code
Section 504. Mr. John Meyer, the owner, has leased his building to
two new tenants, necessitating an additional exit be provided. Mr.
Meyer wants to place the doorway on a common property line with the
adjacent parcel of land, prohibited by Section 504 of the Uniform
Building Code.
Mayor Mulryan closed the public hearing.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve the staff's recommendation as follows:
1. A two-hour fire door which closes automatically shall be
installed.
2. The opening is approved only for the duration of the current
uses and tenants shall be reviewed for appropriateness upon
termination of the use by the existing tenants.
3. Documentation shall be submitted by the respective property
owners stating that they have no objection to the opening.
4. Staff prepare Resolution of Findings and bring said Resolution
back for adoption at the next meeting of February 19, 1985.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - NUISANCE ABATEMENT - COST FOR CANALWAYS' LEVEE
REPAIR (PW) - File 13-9 x 5-1-288
Mayor Mulryan declared the public hearing opened.
At the request of City Attorney Ragghianti, City Clerk Leoncini
administered oath to Public Works Director Bernardi for testimony on
this item.
Mr. Bernardi then stated that on January 26, 1983 during a severe
storm, erosion to the outer face of a private levee on property on
East San Rafael owned by Mr. James Bledsoe/Canalways occurred.
City's action was prompted because the owner could not be reached at
that time and the levee was rapidly deteriorating. Had the levee
failed, significant property damage and liability due to flooding and
SRCC MINUTES (Regular) 2/4/85 Page 5
SRCC MINUTES - lar) 2/4/85 Page 6
inundation of bay waters in the East San Rafael area would have
happened. It was estimated that 400 to 500 acres could have been
affected, including portions of Highway 17, Andersen Drive, Bellam
Boulevard and Francisco Boulevard. Ghilotti Bros., Inc. was called
in to make the repairs on January 26, 1983, at a cost of $23,248.36.
The property owner's representative was notified on the same date,
and staff has met with the owner at different times with the intent
of securing reimbursement for the City's cost to repair his levee.
In addition, the property owner has been invoiced on a monthly basis
in the amount of $23,248.36. Since a proposed development plan for
the property was pending before the City, and staff had conditioned
any approval of said plan with the stipulation the City be reimbursed
for the levee repair, staff did not actively pursue recovery by means
of the nuisance abatement process. Recent action by the City in
denying the proposed development along with the fact that the pro-
perty may be changing hands, now requires that staff consider prompt,
positive action to recover those funds due to the City.
Mayor Mulryan asked Mr. Bernardi what the basic dispute is, and
Mr. Bernardi replied basically, Mr. Bledsoe owes the City $23,000 for
work performed on his property. Staff believes that Mr. Bledsoe
feels that because of the East San Rafael Drainage Assessment Dis-
trict No. 1 proceedings, that the levees are owned by the City and
should be maintained by the City. The District Bond Counsel, Mr. Ed
Ness, has indicated that the levees are privately owned because the
improvement work specified under the Assessment District proceedings
was never constructed. The property owners at that time requested
that Council not sell bonds for the levee improvements until such
time as their property was to come before the Council for develop-
ment, and Council agreed.
Mr. James Bledsoe stated that on February 2, 1983, he requested from
David Gold, the attorney for the previous trust that owned the
property, to let him know in writing why this property would be his
responsibility as far as repairs were concerned. A copy of Reso-
lution of Intention No. 3998 was sent to Mr. Bledsoe, stating that it
is the responsibility of the City of San Rafael to maintain that
particular levee. (Mr. Bledsoe submitted a copy of the Resolution
along with a copy of Attorney David Gold's cover letter.) Mr.
Bledsoe contends that the Resolution indicates to him that it is not
his responsibility to bear the expense of the repair to the levee.
Mr. Bernardi stated that the Resolution Mr. Bledsoe referred to is
the Resolution from the property owners to the City Council request-
ing the formation of the district. One of the items of construction
of the assessment district was the improvement of the levees.
Subsequent to the receipt and the adoption of the Resolution by
the Council during the Assessment District proceedings, (Mr. Bernardi
referred to Mr. Ness's 1983 letter), "the property owner and the
City agreed that no bonds for the levee improvements would be sold
even though the original petition included levee improvements".
Also, "an assessment was levied to perform all of the work and to
acquire all of the property required for public improvements. That
assessment included $300,000 for the construction of the levee.
Bonds were issued to cover all costs for all of the construction and
acquisition items in the Assessment District plus the payment of
incidental expenses with the exception of the amount necessary to
construct the levee, and to fund the incidental expenses. The City
has never invoked the provision for the construction of the levee,
and therefore it has not been constructed with public funds derived
through the Assessment District proceedings. The City has never
accepted the levee since it has not been constructed. The mainten-
ance of the levee therefore, remains the obligation of the property
owners" .
Mayor Mulryan asked Mr. Bledsoe if he had a copy of the letter, and
Mr. Bledsoe replied he did not. Mr. Bernardi stated he sent the
letter on September 29, 1983 to Mr. Bledsoe.
Mr. Bledsoe asked for a continuance so this could be investigated
more thoroughly with Mr. Ness and his attorney.
SRCC MINUTES (Regular) 2/4/85 Page 6
SRCC MINUTES i_.a,alar) 2/4/85 Page 7
Mayor Mulryan asked City Attorney Ragghianti if there would be any
procedural problems, and Mr. Ragghianti replied that if there was a
problem, it would be recording the lien after the transfer of the
property to a purchaser. The lien must be recorded before the
property is transferred in order to protect the City's interest. If
there is a misunderstanding after the lien is recorded, it could be
released. Mr. Ragghianti did not suggest that Council continue this,
but stated that it is possible to release the lien if the information
Mr. Bledsoe has is sufficient to convince Council that they are wrong
and Mr. Ness also is wrong.
City Attorney Ragghianti indicated that the Resolution recites that
at the conclusion of the hearing Council would confirm the report
indicating that $23,248.26 owed to the City of San Rafael for the
work done on an emergency basis was a public nuisance. The Resolu-
tion prepared authorizes that this constitutes a special assessment
against the property involved, and authorizes the City to record a
Notice of Lien document with the County Recorder so that it is of
record at the time the property is transferred. The Resolution
concludes that after the Notice of Lien is prepared and is recorded,
a certified copy of the decision made tonight will be sent to the tax
division of the County so it may be added to the assessments and
taxes on the next regular tax bills.
It was also pointed out by Mr. Ragghianti that this lien can be
lifted if the owner of the property convinces the City that the
City's previously adopted position is wrong.
Mayor Mulryan closed the public hearing.
Councilmember Frugoli moved and Councilmember Nave seconded, to adopt
the Resolution declaring existence of a public nuisance under emer-
gency conditions and confirming report of record of cost for summary
abatement for emergency levee repair on Canalways property, Asses-
sor's Parcel 9-010-22. If unfounded, Mr. James Bledsoe, owner of the
property, may come back to Council to request removal of the lien.
RESOLUTION NO. 7026 - RESOLUTION DECLARING EXISTENCE OF PUBLIC
NUISANCE UNDER EMERGENCY CONDITIONS AND CON-
FIRMING REPORT OF RECORD OF COST FOR SUMMARY
ABATEMENT FOR EMERGENCY LEVEE REPAIR ON
CANALWAYS PROPERTY, ASSESSOR'S PARCEL NO.
9-010-22
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - REZONING AND REVISED BMR AGREEMENT: Z82 -18(b) -
CENTERTOWN - 63 UNIT SENIOR CITIZEN CONDOMINIUM COMPLEX; 1301 THIRD
STREET; U.F. SERVICE CORP., OWNER; GERALD K. BEVILACQUA, REP.;
AP 11-254-18 (P1) - File 5-1-286 x 10-3
Mayor Mulryan declared the public hearing opened.
Planning Director Moore reported that in November 1983, Council
approved the 95 unit Centertown Senior Condominium project. After
approval, construction commenced. However, after a marketing
analysis was done in May 1984, which showed poor market acceptance of
the small senior ownership units, the applicant requested a reduction
in the total number of units within the approved building. The
proposed revisions involve interior modifications only, reducing the
project from 95 studios to 63 studios, one bedroom and two bedroom
units. The revision would involve rezoning the Use Permit tentative
and final subdivision map amendments along with the change to the
existing Below Market Rate Agreement. The revised agreement would
provide five below market rate units with lower sales prices than
under the previously negotiated agreement approved by the City
Council. Planning Commission requested additional information on
adequacy of parking and the market ability to a seniors only group
for even the larger units. Information was submitted by the appli-
cant in November. The parking information concludes, and staff
concurs that the parking ratio, even though less than one parking
space per dwelling unit, would be sufficient for the proposed pro-
ject. It should be noted that parking would be adequate only because
it is a senior project.
SRCC MINUTES (Regular) 2/4/85 Page 7
SRCC MINUTES k�..E lar) 2/4/85 Page 8
The revised 63 unit project would have greater market acceptance than
the approved 95 unit project due to the larger size and mixed units
and improved parking ratio. Units are slated to sell from $69,500 to
$149,500. If the project does not successfully sell to seniors, the
applicants, as a last resort, would rent the project to seniors.
Councilmember Breiner asked Ms. Moore if anyone could buy these units
having no age barrier. Ms. Moore stated that anyone can buy the
units; however, not anyone can occupy them, only senior citizens.
Councilmember Russom asked Ms. Moore that if the condominiums did not
sell as a senior project, and the alternative would be that the
project would be rezoned and the City required additional off-site
parking, if this would be feasible. Ms. Moore replied it would be
difficult. Staff and the Planning Commission have been concerned
about the marketability of this project in the event it would not
be a viable senior project. It is expected that the property
developer -owner would have a difficult time to provide additional
parking.
Mayor Mulryan indicated that this would be putting the proposers on
notice that if a rezoning was ever sought additional parking would be
a condition, as difficult as it might be.
Councilmember Breiner urged the Council to include a policy statement
that, if there should be a request later from the developers for a
rezoning, the Council would possibly require a combination of units
in an effort to cut down the total number of units which may affect
parking. Mayor Mulryan added that Council would have input on where
parking is allowable. Councilmember Frugoli included that Council is
to have the flexibility to raise the density to its original status
on parking should it be necessary to rezone.
John Wallace, representative of Carpenters Union Local 35 and the
Building Trades, spoke on the project regarding the marketability,
the size of the units, and the inadequate parking including parking
for the handicapped. Two concerns they have are: 1) the owner
stated that they would retain title to rent unsold units, which they
question because of outstanding bills and mechanics liens totaling in
excess of $100,000. 2) The contractor's ability to complete the job
satisfactorily within the standards of the UBC and the Ordinances of
the City of San Rafael given their penchant for sub -standard work for
sub -standard pay. Mr. Wallace recommended that Council return this
proposal to staff for modification of parking by the owner to meet
the minimal standards that will assure the prospective homeowner a
chance for resale, and that the five low-cost units be assured a
parking space.
Mayor Mulryan closed the public hearing.
RESOLUTION NO. 7027 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION
FOR REZONING OF PROPERTY AT 1301 THIRD
STREET, KNOWN AS CENTERTOWN
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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 (1301 Third Street,
"Centertown")
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. 1498 to print by
the following vote, to wit:
SRCC MINUTES (Regular) 2/4/85 Page 8
SRCC MINUTES • ilar) 2/4/85 Page 9
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7028 - RESOLUTION AUTHORIZING THE SIGNING OF A JOINT
POWERS AGREEMENT WITH MARIN COUNTY HOUSING
AUTHORITY REGARDING BELOW MARKET RATE UNITS AT
CENTERTOWN
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Russom seconded, to
direct Public Works' staff to implement Final Map Changes.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Frugoli left meeting)
17. PUBLIC HEARING - REZONING: Z84-10 - ZONE CHANGE FROM R-2 TO C-1
DISTRICT FOR WESTERN BOAT SHOP AND BARBARY COAST YACHTS; 101 THIRD
STREET; DUANE B. & HELENE FREDERICK, OWNERS & REPS.; AP 14-161-20
(P1) - File 10-3
Mayor Mulryan declared the public hearing opened.
Planning Director Moore reported that what is proposed is to have a
C-1 Restricted Commercial District between the R-2 Duplex Residential
Zoning to the East and the C-2 General Commercial District to the
West. In January, Planning Commission approved a use permit for the
Western Boat Shop and Barbary Coast Yachts at 101 Third Street. This
rezoning would bring the existing businesses into conformance with
the Zoning Ordinance.
Mayor Mulryan closed the public hearing.
RESOLUTION NO. 7029 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION
FOR REZONING OF PROPERTY AT 101 THIRD STREET
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
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 R-2 (DUPLEX RESIDENTIAL)
DISTRICT TO C-1 (RESTRICTED COMMERCIAL) DISTRICT (101 Third Street)"
Councilmember Russom 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. 1499 to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
18. GREATER EAST SAN RAFAEL TRAFFIC ANALYSIS: REPORT ON PUBLIC COMMENTS
AND PnhbtN•r FUNDING STATUS (PL) - File 11-13 x 4-3-119 x 11-16 x 171
Planning Director Moore reported that this was a followup to the
Council's November consideration of the Greater East San Rafael
Traffic Analysis report when staff was directed to circulate the
report for review and comment and to continue work on State and
Federal funding options for improvements projects. Several alter-
native improvements to the Irene Street undercrossing were proposed.
Staff has concluded that an Irene overcrossing, while accomplishing a
SRCC MINUTES (Regular) 2/4/85 Page 9
SRCC MINUTES , . lar) 2/4/85 Page 10
connection, could be less expensive than the undercrossing originally
proposed by staff and consultant. A letter was received from C.
Tolomei & Company, new owners of the Andersen Drive Business Park,
where Viacom intends to build their new service center. Mr. Tolomei
raises a concern with the Irene Street overcrossing in that signi-
ficant right-of-way take would be necessary, and may adversely affect
potential development of his property. Ms. Moore suggested to
Council that there is a need for additional staff work to identify
the properties where the improvements will involve right-of-way
takes. Staff must clearly identify all of the properties that could
be affected and provide a forum for those interested property owners
to review those plans and schedule them for additional Council
review.
Ms. Moore continued to state that in a related manner, the Calif-
ornia Transportation Commission directed CalTrans last year to
prepare a special study for Highway 101, Interstate 580 (formerly
designated Highway 17) interchange for future improvements and
funding options. This report will be submitted to the California
Transportation Commission in the middle of March. CalTrans will
present their findings and draft version of that report to staff
tomorrow. Until the report is reviewed, staff cannot inform Council
what the formal response of CalTrans' staff will be to some of the
improvements staff have been studying. Council also directed staff
to provide additional analysis for formation of an assessment dis-
trict - financing for some of the needed transportation improvements
in the neighborhood. Staff is conducting an in depth survey of
selected property owners of existing developed properties in East San
Rafael to judge their response to a proposed assessment district.
Staff will be able to report back to Council within a few weeks in
more detail. Ms. Moore also indicated that at the end of last
week, there was a meeting held with representatives of CalTrans,
Golden Gate Bridge District, County of Marin, City of San Rafael and
City of Larkspur to discuss the potential for short term use of
railroad right-of-way between Bellam and Larkspur Landing. There is
interest to see if there are some short range ways that right-of-way
could be used to provide some relief to the congestion in the morning
and afternoon on Highway 101 and in the Calpox fill area.
(Councilmember Frugoli returned to meeting)
Councilmember Nave stated re funding - that existing businesses,
neighborhood groups, new residences, everyone in the tributary
traffic area are making many suggestions and demands, but no one
wants to pay for improvements and everyone should pay for them; and
he asked that the assessment district be diligently pursued, because
the new undeveloped properties did not cause the entire problem and
should not have to pay for it all.
Councilmember Breiner asked that when the workshop meeting is held on
West Francisco, that staff report what they might have at that time.
Councilmember Frugoli asked Ms. Moore when the neighborhood plan
would be completed and Ms. Moore replied that a draft plan will be
submitted in early April. Mr. Frugoli brought up the issue where two
large projects were denied because they were deemed "prejudicial" to
the neighborhood plan, and stated it seems that a "ghost type mora-
torium" exists.
Mr. Larry Tolomei, who recently purchased the Andersen Drive Business
Park in December, reiterated Ms. Moore's comments, and stated that he
has received two sketches of the proposed Irene Street overcrossing
and both sketches are detrimental to his project - one takes one-
third of the proposed Viacom site. He asked Council and staff to
explore other alternatives for the overcrossing.
Ms. Valerie Castalano, Manager with Viacom Cablevision, spoke con-
cerning the proposed overcrossing, indicating that they are on an
expedited timetable to relocate into their new facility by November
4th, and any slow down or change will create an environment where
Viacom will not be able to move forward.
SRCC MINUTES (Regular) 2/4/85 Page 10
SRCC MINUTES k�t(=ti,ular) 2/4/85 Page 11
Council accepted staff recommendations on report on Public Comments
and Present Status Funding and directed staff to revise the Trans-
portation Improvement Program as recommended, without motion.
19. CONSIDERATION OF AMENDMENT TO UNIFORM FIRE CODE ORDINANCE RE
INSTALLATION OF WIRED SMOKE DETECTORS IN HOTEL ROOMS (FD) -
File 1-6-4
City Manager Beyer reported that the Ordinance presented was in draft
form and incorporates the elements Council had discussed at the
previous meeting. If this is acceptable, it will be scheduled for
public hearing at the March 4, 1985 meeting.
Councilmember Breiner requested addition to Section 10.307(G) - 3rd
paragraph, insert #5, "alarm signaling devices shall be clearly
audible in all rooms when all intervening doors are closed".
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve wording as amended and set a public hearing on the Wired
Smoke Detector Ordinance in Hotel Rooms for March 4, 1985.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. RESOLUTION ESTABLISHING PROCEDURES AND REgUIREMENTS FOR IMPLEMENTING
OCCUPANCY PERMIT REQUIREMENTS OF THE UNIFORM BUILDING CODE (FD) -
File 1-6-1 x 9-3-40 x 10-2
City Manager Beyer reported that this was the result of a coordinated
effort by Chief Marcucci working with Public Works and Planning
Departments to tie the procedures together for review of a project
prior to final inspection. What is proposed is taking the Occupancy
Permit procedure in the Uniform Building Code and creating an admin-
istrative procedure to be adopted by Council by Resolution, that
insures that all departments have made a final inspection and that a
permanent record will be kept of those inspections in each department.
A five part form and the process will be submitted to Council for review.
Councilmember Nave suggested that all inspections be coordinated and
made in a timely manner and that someone be designated to be avail-
able at all times to be able to make the inspections.
Councilmember Breiner asked that on the "Application for Certificate
of Use and Occupancy", middle of page, that the words "Toilet Room
Handicapped Accessible" include "Are the Entry and Toilet Room
Handicapped Accessible?"
RESOLUTION NO. 7030 - RESOLUTION ESTABLISHING AN ADMINISTRATIVE
PROCEDURE IMPLEMENTING THE OCCUPANCY PERMIT
REQUIREMENTS OF THE UNIFORM BUILDING CODE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. CONSIDERATION OF PROPOSED ORDINANCE REPEALING ORDINANCE NO. 1180,
PERTAINING TO THE CREATION AND DUTIES OF THE POLICE ADVISORY
COMMISSION (CM) - File 9-2-28
City Manager Beyer stated that when the Police Advisory Commission
was created, it was done by Ordinance and must, therefore, be
rescinded in the same manner.
Councilmember Frugoli stated that since he was not at the last meet-
ing, he wanted Council to know that his vote would have been to keep
the Commission.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REPEALING SECTIONS 2.16.300 THROUGH 2.16.380 OF THE SAN RAFAEL
MUNICIPAL CODE (POLICE ADVISORY COMMISSION)"
SRCC MINUTES (Regular) 2/4/85 Page 11
SRCC MINUTES agular) 2/4/85 Page 12
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. 1500 to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
22. CONCEPTUAL APPROVAL OF CITY PARTICIPATION IN JOINT PROGRAM WITH
BUSINESS IMPROVEMENT DISTRICT (BID) AND SAN RAFAEL CHAMBER OF
COMMERCE FOR ENHANCING THE DOWNTOWN (CM) - File 183 x 4-6
City Manager Beyer stated that Council had accepted a report from the
Downtown Ad Hoc Retail Committee last year who looked at the Downtown
area and submitted 13 recommendations, one of which was, "Retain an
agency, firm, or individual to promote downtown San Rafael for
quality retail development and act as an information clearinghouse."
$7,500 was set aside from budget to assist in implementing this
project. This concept has been discussed with several people and Ms.
Pandora Nash-Karner submitted a proposal at a cost of $6,000 per
month, as follows: 1) Continuing work by the City and Redevelopment
Agency in defining downtown San Rafael, i.e., parking, beautifi-
cation, freeway access, and traffic engineering; 2) Promotion and
public relations; 3) Economic development in relation to mixed use
and attracting the right type of businesses downtown; and 4) Business
education, which includes merchandising, marketing, etc.
Mr. Beyer indicated that the Chamber of Commerce has reviewed this
package and supports it conceptually, with timing being important;
should there be an effort downtown, it should be before November of
this year.
Councilmember Breiner added that when staff meets with BID, that the
subject of validated parking be discussed. Councilmember Nave stated
that the program is timely but expensive, but that there are various
areas that the City will not be involved with financially, so this
would change the figure of $6,000 per month. Mr. Beyer explained
that while the $6,000 was the cost of production, some would be paid
back from actual newspaper advertising. The key is to have someone
do some work on what is necessary.
Councilmember Russom agreed with the concept and that the four points
related by Mr. Beyer were good points, but felt the key first step
with the Chamber of Commerce and BID is to set basic objectives of
what is to be accomplished.
After further discussion, Councilmember Breiner moved and Council -
member Nave seconded, to direct staff to work with the Chamber of
Commerce and the Business Improvement District on - a) defining
downtown San Rafael, i.e., on parking, beautification, freeway
access, traffic engineering; b) promotion and public relations; c)
economic development re mixed use, attracting right businesses
downtown and d) business education including merchandising, market-
ing, etc. and inquire re validated parking.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. PROPOSED BUDGET MODIFICATIONS - 1984/85 BUDGET (CM) - File 8-5
City Manager Beyer reported that at the time the budget was adopted,
the State was in the process of working on local financing and there
was a possibility that the City would be receiving its full share of
motor vehicle in -lieu fees estimated at $720,000 The City has now
received those funds. Amendments to the budget are being submitted
that reflect potential use for some of the funds during this fiscal
year. In addition, Council has taken action since the budget was
adopted on additional projects and programs outlined in the report,
totaling $513,288 from the General Fund. Council designated that
$333,888 should come from the reserves. The balance would come from
the additional revenue, about $179,400. We propose an amendment to
the budget totaling $966,288 reflecting previous actions taken by the
Council plus additional requests totaling $347,000.
SRCC MINUTES (Regular) 2/4/85 Page 12
SRCC MINUTES lar) 2/4/85 Page 13
RESOLUTION NO. 7031 - RESOLUTION AMENDING THE 1984/85 BUDGET
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. CONSIDERATION OF PURCHASE OF RADIO SYSTEMS FOR POLICE, FIRE AND PUBLIC
WORKS (CM) - File 4-2-193
Assistant City Manager Nicolai reported that over the past several
years, various issues have arisen concerning the Police, Fire and
Public Works radio systems, involving not only the annual equipment
replacement but, also, the broader scope of effectiveness of the
overall systems in providing services needed. Concerns were relayed
to the Council following the storms of 1982 on the dependence on land
wires, the "dead spots" and the lack of interdepartmental communi-
cations between Police, Fire and Public Works in emergency situ-
ations. Staff thought it was wise to have an independent analysis of
the three systems prior to expending any funds, to assess the present
and future adequacy of the three networks, recommend modifications
and to address the issue of redundancy in the systems which would be
critical in an emergency situation. Mr. Dan Dufficy, of Marin
Pacific Company, Inc., has included a comprehensive overview of the
history of each system as well as specific recommendations. The City
has $15,000 in revenue sharing and an additional $80,000 is being
requested.
Councilmember Breiner moved and Councilmember Russom seconded, to
approve staff recommendation authorizing 1) the expenditure of
$80,000 (plus $15,000 Revenue Sharing) for recommended improvements
and equipment acquisition for the Police/Fire/Public Works communi-
cation systems; 2) $20,000 from the Public Facility Maintenance
Fund for modifications to the facility on San Rafael Hill; 3) the
use of a technical authority to develop specifications for the
equipment needed; 4) sole source purchase when required for system
compatibility.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. SUN VALLEY OPEN SPACE - OPTION TO PURCHASE AGREEMENT BETWEEN OWENS
MORTGAGE COMPANYIMARIN COUNTY OPEN SPACE DISTRICT/CITY OF SAN RAFAEL
FOR OWENS MORTGA E COMPANY PROPERTY (AP 10-011-18 and 10-041-42)
(CM) - File 4-13-69 x 13-14-1
City Manager Beyer reported that this option to purchase agreement is
for 9.02 acres at a value of $170,000. The option is for $1.00 and
is good through December 31, 1985, and the City has no obligation
until the Assessment District is formed. He indicated that two
meetings have been held on the formation of the Assessment District
which Councilmember Nave attended.
RESOLUTION NO 7032 - AUTHORIZING THE SIGNING OF AN OPTION TO PURCHASE
AGREEMENT BETWEEN OWENS MORTGAGE COMPANY AND THE
MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF
SAN RAFAEL (FOR OWENS MORTGAGE COMPANY PROPERTY
- (AP 10-011-18 and 10-041-42) (Shall extend
through to and expire 12/31/85)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council adjourned to continuation of Closed Session.
JEA OANIa\�Citylerk,
APPROVED THIS DAY OF , 1985
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 2/4/85 Page 13