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HomeMy WebLinkAboutCC Minutes 1985-07-15SRCC MINUTES (Regular) 7/15/85 Page 1 In the Conference Room 201 of the City of San Rafael, Monday, July 15, 1985 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1-4-1.a. Closed Session to Discuss Labor Negotiations. No action taken. In the Council Chambers of the City of San Rafael, Monday, July 15, 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: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM Mayor Mulryan introduced new City Manager, Ted A. Gaebler, at which time City Clerk Leoncini administered the oath of office, and acknowledged the fact that the Affirmation of Confidentiality of Closed Sessions had been signed by Mr. Gaebler. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 2. Approval of Minutes of Regular Approved as submitted. Meeting of June 17, 1985 and Special Joint Meetng with Redevelopment Agency of July 1, 1985 (CC) 3. Resolution of Appreciation for Planning Commissioner Robert E. Hoffmann (P1) - File 9-2-6 x 102 RESOLUTION NO. 7135 - RESOLUTION OF APPRECIATION TO ROBERT E. HOFFMANN (for three years' service on the Planning Commission). 5. Agreement and Deed of Convey- RESOLUTION NO. 7136 - RESOLUTION ance for Installation of Under- APPROVING AGREEMENT WITH PACIFIC GAS AND ground Gas and Electric ELECTRIC COMPANY (within the Kerner Facilities - Kerner Boulevard Boulevard Assessment District and for Assessment District (PW) - payment to PG&E in amount of $45,955). File 6-35 6. Resolution Amending Resolution No. 7120 Regarding Appointment of City Manager, Effective July 15, 1985 (CC) - File 9-3-11 RESOLUTION NO. 7137 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 7120 REGARDING APPOINTMENT OF CITY MANAGER, EFFECTIVE JULY 15, 1985. (Ted A. Gaebler) SRCC MINUTES (Regular) 7/15/85 Page 1 SRCC MINUTES (Regular) 7/15/85 Page 2 7. Multi -family Mortgage Revenue Bonds for 1606 Third Street and Channing Crest Apartments at 251/253 Channing Way (PW) - File 8-23 x 5-1-299 x 4-10-194 RESOLUTION NO. 7138 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSENTING TO THE ISSUANCE OF MULTI -FAMILY MORTGAGE REVENUE BONDS BY THE HOUSING AUTHORITY OF THE COUNTY OF MARIN FOR THE PURPOSE OF PROVIDING FINANCING TO CERTAIN MULTI -FAMILY RENTAL HOUSING PROJECTS (at 1606 Third Street and 251/253 Channing Way known as Channing Crest Apartments). B. Legislation Affecting San Rafael Accepted report. (CM) - File 9-1 9. Claims for Damages: Approved Insurance Consulting Associates, Inc. recommendations for a. Christopher T. Livingston denial of claims. (PD) File 3-1-967 b. Albert B. Leahy (PD) File 3-1-986 c. Sammy D. Rivera and Robert Aguirre (PW) File 3-1-989 d. American States Insurance Co. (PW) File 3-1-990 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Frugoli, Nave, Russom & Mayor Mulryan 4. BELLAM BOULEVARD INTERIM IMPROVEMENTS: (PW) - File 4-1-388 x 9-3-40 a. CERTIFY NEGATIVE DECLARATION b. AUTHORIZE CALL FOR BIDS Mayor Mulryan removed this item from the consent calendar, and asked if there was anyone present who wanted to address the Council re this item. There was no response. RESOLUTION NO. 7139 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION FOR BELLAM BOULEVARD INTERIM IMPROVEMENTS (and authorized the Call for Bids as soon as a Caltrans Encroachment Permit is obtained.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. REPORT ON VERIFICATION OF SIGNATURES ON INITIATIVE PETITIONS RE AMENDMENT TO SAN RAFAEL CHARTER TO PROVIDE A PROCEDURE FOR CLOSURE OF SECONDARY SCHOOL (HIGH SCHOOL) WITHIN THE SAN RAFAEL SCHOOL DISTRICT (CC) - File 9-4 Councilmember Russom commented that although he supported the Initiative process, he hoped that the voters of San Rafael would defeat this issue, because he felt the initiative would make the job of the elected school board members more difficult. RESOLUTION NO. 7140 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROPOSING AMENDMENT TO THE CHARTER OF THE CITY OF SAN RAFAEL, AND SUBMITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THEREOF, AND REQUESTING CONSOLIDATION AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 7/15/85 Page 2 SRCC MINUTES (Regular) 7/15/85 Page 3 11. REPORT ON HAZARDOUS MATERIALS SPILL ON HIGHWAY 101, SUNDAY, JUNE 2, 1985 (FD) - File 9-3-31 Councilmember Breiner's concern was having alternate routes spelled out for the public's information when emergencies occurred on the highway, such as the hazardous materials spill that occurred on Highway 101 on June 2, 1985. Fire Chief Marcucci replied that it is difficult to have a contingency plan when hazardous materials are involved because of the nature of the spill. Captain Douglas of the Police Department stated that they have conferred with the California Highway Patrol and suggested that motorists would be notified at the Golden Gate Bridge that when this type of situation occurs, what roads would be closed and what the alternate routes would be. After discussion, Captain Douglas stated that he would be meeting with the California Highway Control and would be working on outlining alternate routes available depending where disasters occur, and that he would bring a report back to Council. Councilmember Nave referred to the traffic construction on Highway 101 and stated that there was a traffic congestion problem on Mission Street and only one or two cars could make left turns. Police staff was asked to ascertain what could be done to help the situation. Council accepted staff report, without motion. 12. STATUS REPORT ON NEIGHBORHOOD PLAN IN EAST SAN RAFAEL - File 218 Planning Director Moore stated that the Consultant, Blayney-Dyett, experienced budget difficulties causing a slowness of material deliveries which affected this project. Ms. Moore stated that included in the staff report was a letter from the Canal Community Alliance expressing numerous concerns regarding the Neighborhood Plan, going back to the initiation of the process. She indicated that she responded to their concerns by asking them for their input from this point on as to how the neighborhood plan process could be made more consistent with their wishes, and stated she hoped to meet with them in the future to rectify some of their disappointments. Council accepted staff report, without motion. 13. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-36 At the request of Mayor Mulryan, Public Works Director Bernardi reviewed action to be taken, stating that petitions were to be received requesting that Council proceed further with the Assessment District Formation, and that the next steps would be the preparation of the Assessment Diagram and actual spread of assessments to the individuals whose properties are involved. There will also be a final protest hearing at which time all members of the proposed assessment district will be notified, and if there are no protests, then Council will levy the assessments at the conclusion of the public hearing. Daniel Bort, Attorney for Sturgis, Ness, Brunsell and Sperry, submitted petitions not submitted previously, as well as a revised Certificate re Petition, indicating 61.61% of the owners of the described land have signed the petitions, and recommended that Council act on the preliminary steps before Council. a. Petitions - Filed. (Including two additional petitions presented at meeting). b. Certificate Re Petitions - Filed (as revised). c. Resolution Accepting Petitions RESOLUTION NO. 7141 - RESOLUTION ACCEPTING PETITION - SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT SRCC MINUTES (Regular) 7/15/85 Page 3 SRCC MINUTES (Regular, 7/15/85 Page 4 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None d. Boundary Map - Filed. e. Resolution Approving Boundary Map RESOLUTION NO. 7142 - RESOLUTION APPROVING BOUNDARY MAP - SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None f. Resolution Requesting Jurisdiction from the County of Marin RESOLUTION NO. 7143 - RESOLUTION REQUESTING JURISDICTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None g. Resolution Requesting Jurisdiction from the Town of San Anselmo RESOLUTION NO. 7144 - RESOLUTION REQUESTING JURISDICTION OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None 14. REQUEST TO AMEND SAN RAFAEL MUNICIPAL CODE RE CARDROOMS TO PERMIT THE TRANSFER OF THE REMAINING TWO CARDROOM LICENSES WITHIN THE CITY OF SAN RAFAEL (CA) - File 9-10 x 1-5 City Attorney Ragghianti stated that this request tonight was not for the consideration of an ordinance, but for Council's reaction with respect to a possible ordinance amendment. Mr. Ragghianti indicated that Section 10.36 of the Municipal Code relating to Cardrooms, specifically Section 10.36.100, does not permit the transfer of the two current cardroom permits existing in the City of San Rafael. The Applicant was proposing an amendment to that Section, to permit the current two cardroom permits to be transferred with approval of the Chief of Police and concurrence of the majority of the City Council. Mayor Mulryan discussed the intent behind the current ordinance which was to sunset cardrooms in San Rafael so that they would not be transferred but would be phased out under the present ownership, and that if the ordinance was to be amended, it would change the intent behind the currently adopted ordinance. Councilmember Frugoli commented that this request is for transfer of the license from a father to his son, and not selling the permit to someone outside the family. Mayor Mulryan indicated that what was before the Council tonight, is not that particular transfer, but a concept, and if the ordinance was passed, the two licenses would then become very valuable, and under the new ordinance, could be sold to anyone. After discussion, Council directed City Attorney to review the question of familial limitation, with input from Police Department on public safety or nuisance aspects; also Planning staff is to look at cardrooms as to how they fit in the downtown area, with report to be brought back to Council at the next meeting, if completed. Charles Coyne, Attorney representing the Pellolio family, requested Council to act on modification of the ordinance. SRCC MINUTES (Regular) 7/15/85 Page 4 SRCC MINUTES (Regular) 7/15/85 Page 5 15. ORDINANCE RELATING TO DISCLOSURE OF HAZARDOUS MATERIALS (FD) - File 9-3-31 Fire Chief Marcucci reported that the Fire Department was asked to draft a "Right to Know" ordinance which requires people to disclose the storage and discharge of hazardous materials in the interest of public health and safety. The ordinance has been tailored to fit the needs of the City of San Rafael. He went on to state that the County of Marin, under the chairmanship of Supervisor Brown, has formed a committee to work on the hazardous materials, and at the top of their priority list is an adoption of a "Right to Know" ordinance as well. Chief Marcucci continued that he has discussed the proposed ordinance with PG&E. Councilmember Nave asked Chief Marcucci if the whole spectrum, i.e. gasoline service stations, cleaners, etc., would be involved. Fire Chief Marcucci responded by saying that one of the concerns of PG&E was that a hazardous material could be classified as gasoline which is being dealt with under the Uniform Fire Code. The Fire Department is interested in other than flammable liquids. Councilmember Breiner moved and Councilmember Frugoli seconded, to set a public hearing on the Hazardous Material "Right To Know" Ordinance, for August 5, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. DISCUSSION RE ADOPTION OF REVISED MASTER FEE SCHEDULE (CM) - FILE 9-10-2 Fire Chief Marcucci reported that he had been asked by former acting City Manager Nicolai to coordinate the adoption of the Master Fee Schedule, and that the existing Master Fee Schedule has not been completely revised since 1979. The material as presented lists the present charge and the proposed new charge. Council, without motion, agreed to set August 19, 1985, as the date for the public hearing on the revised Master Fee Schedule. 17. HEARING ON: a) APPEAL OF DOUGLAS L. SHAFFER, MARIN TOWING RE SUSPENSION FROM POLICE ROTATION TOWING and b) CONSIDERATION OF REVOCATION OF PERMIT OF MARIN TOWING TO OPERATE A TOWING BUSINESS IN THE CITY OF SAN RAFAEL - File 9-3-30 x 9-10-2 (CA) Mayor Mulryan announced that this item was to be heard in the Council Chambers in Closed Session. RE. ITEM 4 - BELLAM BOULEVARD INTERIM IMPROVEMENTS - File 4-1-388 Dora Knell, who has a business in East San Rafael, requested re- consideration of this item, asking that there be a delay in removal of the parking spaces. Council took no action on her request. There being no further business, the meeting was adjourned to Closed Session. J • JEAN M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/15/85 Page 5 1985