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
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