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HomeMy WebLinkAboutCC Minutes 1985-06-17SRCC MINUTES (Regular 6/17/85 Page 1 In the Conference Room 201 of the City of San Rafael, Monday, June 17, 1985 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS. #85-15(a) - Item 1 - Barbara Olney-Schoeps v. City of San Rafael, et al; #85-15(b) - Item 4; #85-15(c) - Item 2. No action taken. In the Council Chambers of the City of San Rafael, Monday, June 17, 1985 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Pamela J. Nicolai, Acting City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney CONSENT CALENDAR RECOMMENDED ACTION Councilmember Nave moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: 2. Approval of Minutes of Regular Meeting of May 20, 1985, and Special Meetings of May 31, 1985 and June 1, 1985 (CC) 3. Approval of Change Order to Grade Parksite - Peacock Gap Improvement District (PW) - File 6-37 6. Report on Bid Opening and Award of Bid - Automotive Computer Test Center with EPA Emission Analyzer Module (GS) - File 4-2-199 9. Legislation Affecting San Rafael (CM) - File 9-1 11. Resolutions of Appreciation for Cultural Affairs Commissioners: (Lib/Cult. Affs.) - File 102 x 9-2-24 a. Elise Meyers b. Osa Hall "Niki" Simons 12. Request by the Native Sons of the Golden West to Place Commemorative Plaque at Falkirk (Lib/Cul.Aff) - File 102 x 4-3-67 x 8-19 Approved as submitted. Approved staff recommendation to issue a contract change order to Maggiora and Ghilotti, Inc. for the construc- tion of the first phase of the Peacock Gap Neighborhood Park for approxi- mately $85,000 with funding from Peacock Gap Neighborhood Park Fund. RESOLUTION NO. 7113 - RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) AUTOMOTIVE COMPUTER TEST CENTER WITH EPA EMISSION ANALYZER MODULE UTILI- ZING BUDGETED FUNDS FISCAL YEAR 1984/ 1985 (from Allen Test Products Inc., lowest responsible bidder, in amount of $18,571.20). Approved staff recommendation. RESOLUTION NO. 7114 - RESOLUTION OF APPRECIATION TO ELISE MEYERS (for 5-1/2 Years of Service). RESOLUTION NO. 7115 - RESOLUTION OF APPRECIATION TO OSA HALL "NIKI" SIMONS (for 5-1/2 Years of Service). Approved staff recommendation to have a Commemorative Plaque placed at Falkirk by the Native Sons of the Golden West. SRCC MINUTES (Regular) 6/17/85 Page 1 SRCC MINUTES (RegulE 6/17/85 Page 2 13. Authorize the 1984/85 Audit Approved staff recommendation (Fin) - File 8-1 x 8-5 authorizing Eckoff Accountancy Corp to proceed with the 1984/85 Audit. 14. Resolution Appropriating RESOLUTION NO. 7116 - RESOLUTION Unappropriated Revenues- APPROPRIATING UNAPPROPRIATED REVENUES (Fin) File 8-5 x 8-14 AS OF JUNE 30, 1985 15. Resolution Establishing the 1985/86 Proposition 4 Limitation (Fin) - File 8-5 x 8-14 x 9-4 16. Claims for Damages (PD) a. John Brooke - File 1-1-979 b. Jeff Pollinger - File 3-1-982 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7117 - RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR 1985/86 (at $14,476,238) Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. Frugoli, Nave, Russom & Mayor Mulryan 4. S83-10 - RELINQUISHMENT OF EASEMENT RIGHTS ON CITY OPEN SPACE: COLEMAN'S SPRING LOT (PL) - File 2-1-73 Councilmember Breiner brought attention to the staff report, first page, last paragraph, second sentence, should read "Lot B" rather than "Lot A". RESOLUTION NO. 7118 - RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A QUITCLAIM RELINQUISHING EASEMENT RIGHTS FOR ONE OF TWO PRIVATELY OWNED PARCELS KNOWN AS "COLEMAN'S SPRING LOT" TO CITY OPEN SPACE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. REPORT ON BID OPENING AND AWARD OF BID - ONE LINE MARKER FOR STREET MAINTENANCE (GS) - File 4-2-200 Council without motion, at the request of City Attorney, agreed to have item continued to meeting of July 1, 1985. 7. REPORT ON BID OPENING AND AWARD OF BID - LEAF LOADER FOR STREET MAINTENANCE (GS) - File 4-2-201 Council without motion, at the request of City Attorney, agreed to have item continued to meeting of July 1, 1985. 8. REPORT ON BID OPENING AND AWARD OF BID - HOT PATCHER TRUCK FOR STREET MAINTENANCE (GS) - File 4-2-202 Council without motion, at the request of City Attorney, agreed to have item continued to meeting of July 1, 1985. 10. REQUEST TO GO TO BID TO REPLACE POLICE PATROL BOAT "MISSION CITY" (PD) - File 4-2-203 Councilmember Frugoli informed Council that some of the yacht clubs in the Canal area want to donate money toward the cost of the Police patrol boat, because it is for a good cause. Councilmember Member Frugoli moved and Councilmember Nave seconded, to approve the staff recommendation to go to bid for a replacement utility patrol boat. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 6/17/85 Page 2 SRCC MINUTES (RegulE 6/17/85 Page 3 17. PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT OF SAN RAFAE MUNICIPAL CODE CHAPTERS 14.12 AND 8.12, CONSTITUTING THE CITY SIGN ORDINANCE (CA) - File 10-11 x 9-4 Mayor Mulryan opened the public hearing. City Attorney Ragghianti gave a detailed report on the Sign Ordinance, indicating that because of recent United States Supreme Court decisions, that several sections of the San Rafael Municipal Code - Chapter 14.12 "Signs" be amended so that they (1) treat all noncommercial signs similarly, and (2) regulate noncommercial signs less strictly than commercial signs. Chapter 8.12, Section 8.12.080 should be amended to establish only content -neutral standards when regulating the posting of signs on public property. Councimember Breiner pointed out on Page 7, Section "f", item 5 - paragraph before word "flag", did not seem to be a complete sentence, and should be clarified with the words "are not subject to this chapter". Item #6 -page 8, should also be clarified with the words "are not subject to this chapter". Mr. Ken Schmeer, General Counsel for Sofa Bed Conspiracy, spoke, suggesting that since changes in the Sign Ordinance are being addressed, that two additional issues be considered: 1) The banner issue and 2) The rigidity of the entire Ordinance. City Attorney Ragghianti indicated he will follow up on Mr. Schmeer's suggestions and will bring a comprehensive report to the Planning Commission and Council either by the end of 1985 or early 1986. However, he requested that Council take action on the proposed Ordinance tonight. Mayor Mulryan closed the public hearing. RESOLUTION NO. 7119 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENTS TO THE MUNICIPAL CODE AMENDING SECTIONS OF CHAPTER 14.12 "ZONING - SIGNS," REPEALING SECTIONS 14.12.03.2 "SIGNS ON VEHICLES," 14.12.04 "WHAT IS EXEMPT," 14.12.10.B "BUSINESS SIGN," 14.12.10.P "POLITICAL SIGN," AND AMENDING SECTION 8.12.080 OF CHAPTER 8,.12, "MISCELLANEOUS PUBLIC OFFENSES" AND REPEALING SECTION 8.12.090 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 COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS OF CHAPTER 14.12, "ZONING - SIGNS," REPEALING SECTIONS 14.12.03.I "SIGNS ON VEHICLES," 14.12.04 "WHAT IS EXEMPT," 14.12.10.B "BUSINESS SIGN," 14.12.10.P "POLI'T'ICAL SIGN" AND AMENDING SECTION 8.12.080 OF CHAPTER 8.12, "MISCELLANCOUS PUBLIC OFFENSES" AND REPEALING SECTION 8.12.090" 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. 1509 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. CITY HALL PARKING MANAGEMENT PROGRAM (CM) - File 11-8 Administrative Assistant Harry reported that at the meeting of March 4, 1985, Council received a report on the additional employee parking, including recommendations for various upgrades and modifications to current parking facilities. Council requested that staff take the report back to the Cultural Affairs Commission for review and comment SRCC MINUTES (Regular) 6/17/85 Page 3 SRCC MINUTES (Regu14-) 6/17/85 Page 4 which has been done. Recommendations made were basically to adopt the policy proposed by staff with additional comments, i.e.; no new signs be placed on the Falkirk driveway; restripe as many spaces as possible within the Menzie lot; attempt to widen the Menzie lot to increase the number of spaces, and if necessary, to put in a gravel lot between Falkirk and front of the stonewall on Mission Avenue, across from steps leading to the upper lot. Staff has added their recommendations to the improvement list, contacted the people who use the Menzie lot and have not received comments other than a phone call from a nearby resident objecting to the plan. Staff recommends that Council adopt staff's proposed parking mangement plan for City Hall; authorize staff to proceed with Phase I, the restriping, slurry sealing and necessary improvements to the upper lot directly behind City Hall; move ahead with Phase II, implementing improvements to the lower lot adjacent to the Police Department; following the remodeling, look into available funding sources for Phase III, Menzie lot next to Falkirk. Staff has looked into decking over the lower lot and found that the cost would be $767,000. Councilmember Breiner indicated that people visiting the library use the City Hall parking lot, making it difficult for people wanting to park there with City Hall business. Also, there was concern having 61 spaces for City employees and leaving only five for the public with two-hour meters, and that there should be more public spaces with two- hour meters in the Menzie's lot. Mr. Harry stated that they had considered putting more two-hour meters in the Menzie lot, but it was found that temporary and full time employees are using the visitor's parking spaces. In addition, because of lack of space, City owned vehicles park there also. It was felt that once the increase of spaces are made for employees and the City owned vehicles, the number of visitor parking spaces would be increased, and the number of spaces for the library as well as City Hall would also be increased. After discussion, Council suggested that staff monitor the City Hall lot being used by library visitors; that they look into having more parking spaces squeezed in where red curbs are; and to look into some lots on the off -streets, to possibly be able to get some parking spaces to be used as "mini parking lots". Councilmember Russom moved and Councilmember Nave seconded, to approve the staff's recommendation to include the suggestions brought up by Council. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. USE PERMIT CONTROLS IN C-4 DISTRICT (P1) - File 10-2 Planning Director Moore reported that at meeting of May 20, 1985, Council asked staff to develop additional information. Ms. Moore explained that in the report, she tried to focus on where restaurants in the downtown area are located, indicating that most of the restaurants are between "A" and "B" Streets, particularly on the southside of the street. Ms. Moore stated that staff has not been able to do a comparative analysis on how other communities have approached this problem. However, given approximately three months, she indicated staff will be able to put a report together with more detailed information. Acting City Manager Nicolai indicated that this item might fit in with the new Redevelopment Economic Development position. After discussion, Council agreed with Councilmember Russom's suggestion to have this project delayed until the Downtown Economic Development Director is hired, who would then work in coordination with the Planning Department. SRCC MINUTES (Regular) 6/17/85 Page 4 SRCC MINUTES (Regul, 6/17/85 Page 5 Council, without motion, accepted the staff report to conduct research on how other communities handle similar concerns. 20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1507 - 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 -NG (R-64) (PLANNED DEVELOPMENT - NORTHGATE OVERLAY - RESIDENTIAL - 64 PEAK HOUR TRIPS) DISTRICT TO P -D -NG (R-84) (PLANNED DEVELOPMENT - NORTHGATE OVERLAY - RESIDENTIAL - 84 PM PEAK HOUR TRIPS) DISTRICT AND APPROVING A DEVELOPMENT AGREEMENT (SMITH RANCH HILLS, NORTH REDWOOD DRIVE) (P1) - File 5-1-290 x 10-3 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 -NG (R-64) (PLANNED DEVELOPMENT - NORTHGATE OVERLAY - RESIDENTIAL - 64 PM PEAK HOUR TRIPS) DISTRICT TO P -D -NG (R-84) (PLANNED DEVELOPMENT - NORTHGATE OVERLAY - RESIDENTIAL - 84 PM PEAK HOUR TRIPS) DISTRICT AND APPROVING A DEVELOPMENT AGREEMENT (SMITH RANCH HILLS, NORTH REDWOOD DRIVE)" Councilmember Russom moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1507 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1508 - AMENDING ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D -NG (PLANNED DEVELOPMENT - NORTHGATE OVERLAY, NO TRAFFIC ALLOCATION) DISTRICT TO P -D -NG (T62) (PLANNED DEVELOPMENT NORTHGATE OVERLAY, 62 PEAK TRIPS) DISTRICT (1600 LOS GAMOS ROAD - YMCA FACILITY) (Pl) - File 5-1-298 x 115 x 10-3 The title of the Ordinance was read: "AN ORDINANCE AMENDING ZONING MAP OF CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D -NG (PLANNED DEVELOPMENT-NORTHGATE OVERLAY, NO TRAFFIC ALLOCATION) DISTRICT TO P -D - NG (T-62) (PLANNED DEVELOPMENT NORTHGATE OVERLAY, 62 PEAK TRIPS) DISTRICT (1600 LOS GAMOS ROAD - YMCA FACILITY)" Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinane No. 1508 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. CONSIDERATION OF APPOINTMENT OF NEW CITY PHYSICIAN (CM) - File 7-1-32 x 7-4 Administrative Assistant Harry indicated that at the March 18th meeting, staff brought to Council a report recommending that the City join with the Marin County Joint Powers Agreement for Workers Compensation and Public Liabiilty. The overall objective of joining this group would be to reduce the City's losses and claims paid out by identifying the causes for liability. Staff prioritized services related to the City's risk management needs and found that utilizing an experienced industrial/occupational medical provider for pre and post - employee medical/physical exams took priority. Currently, the City is working with Dr. Don B. Zanotti, M.D., who practices alone for the City. It was believed that it would be best to look at a combined effort with a clinic setting because of the different needs of the City. SRCC MINUTES (Regular) 6/17/85 Page 5 SRCC MINUTES (Regula 6/17/85 Page 6 In staff's review, it was decided to consider the North Bay Corporate Health Services in Petaluma and Santa Rosa, who provided the best clinic and services to fit the City's needs. Although the current locations are in Petaluma and Santa Rosa, a new facility, to be located in Terra Linda,is currently under review and may be opened in early 1986 if greater demand for services is found in Marin County. Councilmember Frugoli moved and Councilmember Russom seconded, to approve the staff recommendation to utilize North Bay Corporate Health Services as the City Physician, with the contract to include the wording "subject to 30 days notice of cancellation", and direct staff to notify Dr. Don B. Zanotti that his current services will be terminated thirty days following Council action. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. HEARING ON APPEAL OF DOUGLAS L. SHAFFER, MARIN TOWING RE SUSPENSION FROM POLICE ROTATION TOWING (PD) - File 9-3-30 x 9-10-2 At the request of Appellant, Douglas L. Shaffer, this item was continued to the meeting of July 1, 1985. 24. APPOINTMENT OF CITY MANAGER (CC) - File 9-3-11 Mayor Mulryan formally announced appointment of Ted A. Gaebler as City Manager, effective July 22, 1985. RESOLUTION NO. 7120 - RESOLUTION AUTHORIZING SIGNING OF CONTRACT WITH TED A. GAEBLER, CITY MANAGER (effective July 22, 1985) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM: DISCUSSION RE TRAFFIC PROBLEM - PEACOCK GAP AREA INTERSECTION POINT SAN PEDRO RD. WITH NORTH SAN PEDRO RD. - File 6-37 Councilmember Breiner was concerned with the traffic backup situation in the Peacock Gap construction area. She indicated that with the heavy equipment driving through, it is sometimes difficult to know where a passenger vehicle should be driving. Staff was asked to have the contractor place clearly marked signs between North San Pedro Road and Point San Pedro Road before Biscayne Drive. There being no further business, the meeting was adjourned. JEANN . LEONCINI, pity Cler' APPROVE THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 6/17/85 Page 6 "U9 .117