HomeMy WebLinkAboutCC Minutes 1985-05-20SRCC MINUTES (Regular) 5/20/85 Page 1
In Conference Room 201 of the City of San Rafael, Monday, May 20, 1985,
at 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1-4-1.a
No. 85-13(a) - #1 -Michael Kushinsky, et al v. City of San Rafael, et
al., No. 85-13(b) - #1 -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. 85-13(c) - #2; No. 85-13(d) - #2.
No action taken.
In the Council Chambers of the City of San Rafael, Monday, May 20, 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: Pamela J. Nicolai, Acting City Manager; Jeanne M. Leoncini,
City Clerk; Gary T. Ragghianti, City Attorney
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
REQUEST FOR MAINTENANCE OF DRAINAGE DITCHES THROUGH RAFAEL MEADOWS -
File 9-3-40
Mr. Kim Johnstone, representative of the Rafael Meadows Homeowners'
Association, spoke on the issue of open drainage ditches running from Los
Ranchitos, which is in the County's jurisdiction, through the homeowners'
yards in Rafael Meadows. Mr. Johnstone stated that there are problems with
contamination caused by failing septic systems which need to be taken care
of. After discussion, the Public Works staff was directed to look into the
concerns of the Rafael Meadows Homeowners' Association and report back to
Council within two months.
SPECIAL PRESENTATION
2. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARD - File 109
The 1985 San Rafael Centennial Youth Community Service Awards were
presented by Mr. Rex Silvernale, Trustee of the San Rafael Centennial
Trust, and Mayor Mulryan to the following:
Ms. Lise Bauer - Senior Youth Award and Ms. Sandra Willett - Junior
Youth Award.
Runners-up were: Trish Morita, Enrico Pucci, Jr., Mark Sedway, Michele
Ishtam and Michelle Mays, who received certificates and commemorative
coins.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Nave seconded, to approve the
recommended action on the following consent calendar items:
Item
Recommended Action
3. Approval of Minutes of Regular Approved as submitted.
Meeting of April 15, 1985 and
Special Meeting of May 6, 1985 (CC)
4. Resolution Approving ICMA Retire- RESOLUTION NO. 7098 - RESOLUTION
ment Trust (Fin) - File 7-4-5 ADOPTING THE ICMA TRUST (with
Finance Director designated as
Administrator)
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6. Below Market Rate Rental Agreement
for Channing Crest Apartments;
251-253 -2-'#§ Channing Way ( Pl ) -
File - 4-10-194
7. Request to Purchase Capital
Outlay Items from Budget Savings
(PW) - File 9-3-40 x 8-5
8. Call for Applications to Serve
on the City's Newly Expanded
Five (5) Member Design Review
Board (CC) - File 9-2-39
9. Claims for Damages: (PW)
a. Philip G. Scurfield -
File 3-1-965
b. Gary D. Benson -
File 3-1-972
c. California State Automobile
Association, Insured:
Lilly Habenicht -
File 3-1-976
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7099 - RESOLUTION
AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT WITH
VICTOR & CONSTANTINA GAVALLOS (for
32 apartment units at 275 Channing
Way, 7 units for low income house-
holds, reserved for a 10 year
minimum).
Approved staff recommendation of an
expenditure not to exceed $17,325
for purchase of 1985-86 Capital Out-
lay replacement items from surplus
1984-85 budgeted funds in the Public
Works Department.
Approved staff recommendation that
Council:
a. Call for applications to fill
five (5) positions on the Design
Review Board, with deadline for
receipt of applications, 12:Noon,
Tuesday, June 11, 1985, in the City
Clerk's Office, Rm. 209, City Hall.
b. Set date for interviews at
Special Meeting to be held on
Monday, June 17, 1985, at 6:30 PM.
Approved Insurance Consulting
Associates, Inc., recommenda-
tions for denial of claims.
Frugoli, Nave, Russom & Mayor Mulryan
5. REQUEST FOR AUTHORIZATION TO TRANSFER FUNDS FROM THE RETIREMENT FUND TO
THE LIABILITY FUND (Fin) - File 8-14
Mayor Mulryan clarified with Finance Director Coleman, that monies set
aside from the General Fund to the Retirement Trust Fund have earned
more interest than the $92,700 needed annually to pay for our unfunded
retirement liability as determined by our actuary, Martin Segal Company,
accumulating $250,000 extra. Mr. Coleman recommended that the extra
funds be transferred to the Liability Fund where it is needed.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve staff recommendation authorizing transfer of $250,000 from the
Retirement Trust fund to the Liability fund.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. REPORT ON REGULATING NON -RETAIL USES ON FOURTH STREET BETWEEN LINCOLN
AVENUE AND "D" STREET (P1) - File 10-2
Acting City Manager Nicolai reported that this item was requested by
Councilmember Breiner to investigate having zoning along Fourth Street
to allow monitoring the increase in the number of eating establishments
as opposed to retail uses.
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Mr. Warren Robinson, President of the Downtown Merchants' Association,
retailer and property owner, stated his concerns in keeping the retail
business alive on Fourth Street.
After discussion, Council accepted the staff report without motion, and
directed staff to bring this item back to Council at the next meeting,
to determine what the general direction of the downtown area is and role
the City will play in it.
11. STATUS REPORT RE FRED GRANGE'S ACTIVITIES AT OR ABOUT THE HELIPORT SITE
IN EAST SAN RAFAEL (PW) - File 211
Public Works Director Bernardi reported that there were two requests
from the Planning Commission; 1) the grading of the Heliport site, slope
failure and repair, and 2) the status of the surplus parcels. Mr.
Bernardi stated that a letter was sent to Mr. Fred Grange on April 17,
1985, advising him that his original grading permit had expired. Since
then, Mr. Grange has submitted plans to renew his grading permit which
is in process. Mr. Grange has complied with the original conditions as
stated in the ordinance authorizing the sale of the parcels to him. The
sale will not proceed until he physically completes the slope failure.
The Planning Commission also addressed the sale of certain slope areas
around the drainage pond. They advised that the slope areas are to be
put out to the highest bidder and not sold directly to Mr. Grange, and
that the appraisal be updated, and only those parcels that are
contiguous to the Heliport site be considered for sale.
Councilmember Frugoli moved and Councilmember Nave seconded, to accept
the staff's recommendation not to proceed with the transfer of two
triangular parcels until all corrective work is completed on the slope
failure, and adopted the Planning Commission's recommendation re sale of
the slope area adjacent to the heliport site and directed staff to begin
process of declaring this area surplus, updating the appraisal and
ultimately seeking bids for disposal of this property.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1505 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 9,
CHAPTER 9.18, REGULATING RECYCLED MATERIALS COLLECTION (CM) -
File 4-3-32
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL
MUNICIPAL CODE, TITLE 9, CHAPTER 9.18, REGULATING RECYCLED MATERIALS
COLLECTION"
Councilmember Russom moved and Councilmember Frugoli seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1505 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1506 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL
MUNCIPAL CODE, SECTION 14.08.080G, DEFINING GASOLINE SERVICE STATIONS,
AND ESTABLISHING CHAPER 14.87, REGULATING THE CONSTRUCTION, REMODELING,
AND CONVERSION OF GASOLINE SERVICE STATIONS (P1) - File 10-5 x 9-1-2
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF
THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.08.080G, DEFINING GASOLINE
SERVICE STATIONS, AND ESTABLISHING CHAPTER 14.87, REGULATING THE
CONSTRUCTION, REMODELING, AND CONVERSION OF GASOLINE SERVICE STATIONS"
Councilmember Nave moved and Councilmember Breiner seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1506 by the following vote, to wit:
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AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. DISCUSSION ON "AVOID THE 13" DRUNK DRIVING CAMPAIGN (PD) - File 4-10-190
x 4-10-175
Police Chief Ingwersen stressed that the Police Department was a "pass
through agency" between the State Office of Traffic Safety and the Marin
County Police Chiefs' Association, and did not have any management
control over the campaign. Chief Ingwersen indicated that many people
commented that they changed their habits due to the campaign, knowing
the police were on the alert.
Councilmember Russom questioned use of public funds for this type of
publicity, indicating the media would cover this type of campaign
without the expenditure of this amount of money.
After discussion, Councilmember Russom agreed to become involved in this
program next year with suggestions to the Council as to the amount of
monies that should be spent in relation to what the Police Department
gets out of the publicity. Staff is to provide goals and objectives
to relate media coverage to the results of the campaign, and Chief
Ingwersen will work with Councilmember Russom on this next year.
15. DISCUSSION RE SETTING DATES FOR COUNCIL BUDGET SESSIONS AND SPECIAL
MEETINGS (CM) - File 8-5
Council, without motion, agreed to hold the meetings of the West
Francisco Boulevard and Budget Hearings as follows:
The Special Joint Meeting with the Redevelopment Agency and City Council
on West Francisco Policy Plan will be held on Tuesday, June 18, 1985, in
the Council Chambers, at 4:30 PM.
Budget Hearings will be held on Tuesday, June 18, 1985, in the Webb
Room, San Rafael Public Library, at 7:30 PM, and Wednesday, June 19,
1985, in the Webb Room, San Rafael Public Library, at 7:00 PM.
16. MARIN CONSERVATION CORPS - TREE TRIMMING PROPOSAL (PW) - File 9-3-40 x
11-6
Mayor Mulryan explained that, due to the severe winters of 1982/83, the
tree trimming schedule on a city-wide basis was not done.
Public Works Director Bernardi indicated that approximately 330 trees
with low hanging branches will be trimmed in Terra Linda, and asked
Council for authorization to have the Marin Conservation Corps proceed
in the trimming of the branches at a cost not to exceed $10,000, to be
funded through departmental budget savings.
Councilmember Frugoli indicated that the cost for the work involved was
reasonable, and suggested that staff report back to Council with
estimates to trim trees in other areas.
Councilmember Breiner moved and Councilmember Frugoli seconded,
authorizing staff to have the Marin Conservation Corps proceed with
selected tree trimming in Terra Linda in an amount not to exceed $10,000
to be funded through departmental budget savings.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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17. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Councilmember Russom moved and Councilmember Frugoli seconded, to
OPPOSE AB 2083 (Allen) Credit Against Park Dedication Requirements for
Provision of Day Care Facilities.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Nave moved and Councilmnember Breiner seconded, to SUPPORT
AB 993 (Klehs) and SB 1294 (McCorquodale) Absent Voter Ballot
Procedures.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Frugoli seconded, to
OPPOSE SB 730 & SCA 27 (Seymour) and AB 1866 & ACA 26 (Johnson)
Restriction on Local Taxing Authority.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Rusoom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Frugoli moved and Councilmember Breiner seconded, to
OPPOSE SB 1051 (Lockyer) Limitations on City Annexations and
Incorporations.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM:
DISCUSSION RE CALIFORNIA SUPREME COURT'S DECISION ALLOWING PUBLIC EMPLOYEES
THE RIGHT TO STRIKE - File 9-11-1 x 9-1
Mayor Mulryan informed Council that the California Supreme Court has
overturned a long held law, and ruled that the public employees can, in
fact, strike. A letter will be written by Acting City Manager Nicolai, on
behalf of Council, to the committee who will be reviewing the Binding
Arbitration Bill, to renew the Council's opposition to the bill.
There being no further business, the City Council meeting was adjourned.
JE*UE M. LEONCIN City Clerk
APPROVED THIS DAY OF 1985
MAYOR OF THE CITY OF SAN RAFAEL
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