HomeMy WebLinkAboutCC Minutes 1985-09-16SRCC MINUTES (Regula 9/16/85 Page 1
In the Conference Room 201 of the City of San Rafael, Monday, September 16,
1985 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS -
File 1.4.1.a
#85-19 (a), No. 2. No action taken.
In the Council Chambers of the City of San Rafael, Monday, Septmber 16,
1985, at 8:00 PM.
Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Also Present: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk;
Gary T. Ragghianti, City Attorney
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
PROPOSED TRAFFIC MANAGEMENT ORDINANCE - File 11-13 x 11-16
Stephen Kline, Attorney, submitted a proposed Traffic Management Ordinance
for Council's review, regarding the traffic problem on Highway 101 and its
ancillary traffic in San Rafael.
The Council accepted the proposed Traffic Management Ordinance for their
review as well as a review by staff, CalTrans and the County. Staff to
report back to Council at a later date.
CONSENT CALENDAR
Councilmember Frugoli moved and Councilmember Russom seconded, to approve
the recommended action on the following consent calendar items:
Item Recommended Action
2. Approval of Minutes of Special Approved as submitted.
Meeting of August 14, 1985 and
Regular Meeting of August 19,
1985 (CC)
3. Resolution of Findings - Appeal of RESOLUTION NO. 7178 - RESOLUTION
Handicapped Access Requirements - OF THE CITY COUNCIL OF THE CITY OF
65 Medway Road (PW) - File 13-1-1 SAN RAFAEL (IN ITS CAPACITY AS BOARD
OF APPEALS) GRANTING APPEAL FROM
STATE ACCESS REQUIREMENTS - 65
MEDWAY ROAD
4. Bid Opening and Award of Contract -
Oakwood Drive Slide Repair (PW) -
File 4-1-390
5. Pipeline Extension Agreement
with Marin Municipal Water
District for Service to China
Camp State Park - Peacock Gap
Improvement District (PW) -
File 6-37
RESOLUTION NO. 7179 - RESOLUTION
OF AWARD OF CONTRACT FOR OAKWOOD
DRIVE SLIDE REPAIR - 1985, PROJECT
NO. 006-40696009000, (to Piombo
General Engineering Contractors,
Inc., low bidder, in amount of
$10,447.75)
RESOLUTION NO. 7180 - RESOLUTION
AUTHORIZING THE SIGNING OF PIPELINE
EXTENSION AGREEMENT WITH MARIN
MUNICIPAL WATER DISTRICT FOR SERVICE
TO CHINA CAMP STATE PARK - PEACOCK
GAP IMPROVEMENT DISTRICT
SRCC MINUTES (Regular) 9/16/85 Page 1
SRCC MINUTES (Regula , 9/16/85 Page 2
6. Lease Agreement with Dixie School RESOLUTION NO. 7181 - RESOLUTION
District Re Don Timoteo School AUTHORIZING THE SIGNING OF A LEASE
(Rec) - File 4-7-3x 2-9-16 WITH DIXIE SCHOOL DISTRICT RE: DON
TIMOTEO SCHOOL SEPTEMBER 1, 1984
THROUGH AUGUST 30, 1987
7. Resolution Authorizing 1984 State
Park Bond Act Grant Application
for Terra Linda Recreation Center
Renovation (Rec) - File 12-15 x
202 x 9-3-65
8. Approval of Parcel Map "Smith
Ranch Hills" Retirement Project
(PW) - File 5-1-290 x 5-6-3
9. Abatement Proceedings for Laurel
Glen Subdivision (PW) -
File 3-3-42 x 5-1-301
10. Claim for Damages:
a. Jerome Caran (PW) -
File No. 3-1-1005
RESOLUTION NO. 7182 - RESOLUTION
APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER THE REGIONAL COMPETITIVE
PROGRAM OF CALIFORNIA PARK AND
RECREATIONAL FACILITIES ACT OF 1984
FOR TERRA LINDA RECREATION CENTER
RENOVATION PROJECT
RESOLUTION NO. 7183 - RESOLUTION
APPROVING PARCEL MAP OF LOT LINE
ADJUSTMENT - LOTS 5, 12 & PARCEL C,
SMITH RANCH -NORTHERLY PORTION -
17RM39, 21PM88, AND ACCEPTING AND
CONVEYING GRANT DEEDS PERTAINING TO
SAID MAP
Public Hearing Set for October 7,
1985.
Approve Insurance Consulting
Associates, Inc. Recommendation for
Denial of Claim.
11. PUBLIC HEARING - UP85-50; SR85-25; APPEAL OF THE PLANNING COMMISSION'S
DENIAL OF A SEVENTY FOOT TALL FLAGPOLE; 4222 REDWOOD HIGHWAY; CHARLES F.
POWERS, OWNER & APPELLANT; RICHARD BJORK, REP.; AP 155-081-01 & 16 (P1)
File 10-5
Vice -Mayor Breiner declared the public hearing opened.
Planning Director Moore stated that the Appellant was appealing the
Planning Commission's unanimous denial of sign review and use permit of
a 70 foot flagpole at the new Pacific Lumber and Hardware business in
the Northgate area. The Appellant contends that the height is necessary
to assure visibility of the flag, and cited a number of existing
flagpoles in San Rafael that exceed 24 -foot limits, but are not in the
Northgate area. The Planning Commission concluded that this type of
flagpole could lead to competitive construction re heights of flagpoles
amongst businesses in a given area and was concerned about the potential
commercialization of flagpoles. They did not agree with the Appellant
that the flagpole would need to be 50 feet or greater in order to
proudly fly the American flag.
Mr. Richard Bjork, representative, appeared with the owner, Mr. Charles
Powers and indicated that they were appealing the Planning Commission's
decision, stating that the Planning Commission was provided with
inaccurate facts from the Planning staff. Mr. Bjork contended that
staff informed the Planning Commission that there were no tall flagpoles
in the Northgate area, but in fact there are, and that none of these
poles were approved by the Planning Commission. Mr. Bjork indicated
that they were asking to revise their request from a 70 foot pole to a
50 foot pole which would require a sign approval instead of a permit
approval, stating that a 24 foot pole would not fit on their property.
Vice -Mayor Breiner asked Mr. Bjork whether he was appealing the Planning
Commission's decision or revising his request from 70 feet to a 50 foot
flagpole, and Mr. Bjork indicated both.
Planning Director Moore stated that when the hearing was held before the
Planning Commission, the Appellant had the opportunity to propose a 50
foot flagpole, but given the height of the building, the Commission was
not inclined to allow a flagpole over 24 feet. Therefore, there is no
legal technical requirement to have this sent back to the Commission,
because Appellant did not specifically address this request which could
have been considered. Also, in reference to the flagpoles mentioned by
SRCC MINUTES (Regular) 9/16/85 Page 2
SRCC MINUTES (Regula , 9/16/85 Page 3
Mr. Bjork in Northgate that were not granted by the Planning Commission,
this matter is being looked into by the Planning staff.
Councilmember Russom asked Appellant why they wanted a pole of 70 feet,
and Mr. Bjork stated that it was mainly because of the landscaping of
trees and power lines, and that the flag would need to rise above these
obstructions.
Ms. Moore informed Council that the Commission ascertained that the
trees in front of the property are not continuous and foliage not that
thick, and a 24 foot flagpole could be viewed when driving in front of
the building.
Councilmember Frugoli stated that he would have no problem allowing a 50
foot flagpole for the Appellants.
Vice -Mayor Breiner closed the public hearing.
RESOLUTION NO. 7184 - RESOLUTION DENYING AN APPEAL TO PERMIT A SEVENTY
FOOT FLAGPOLE AT 4222 REDWOOD HIGHWAY
AYES: COUNCILMEMBERS: Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Mayor Mulryan
12. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF SECTION
504(b) OF THE UNIFORM BUILDING CODE AT 900 FIFTH AVENUE (PW) -
File 1-6-1 x 9-3440 x 4-10-197
Vice -Mayor Breiner declared the public hearing opened.
Public Works Director Bernardi stated that this was an appeal from the
Uniform Building Code requirements for a building at 900 Fifth and Nye.
Applicants are requesting a variance regarding opening protection for
windows within 10 feet of a property line. The primary purpose of
having a protective opening is to prevent fires from going from one
property to another. The adjacent property is City owned and the City
does not contemplate having any structures that would be affected by
this. Mr. Bernardi indicated that an agreement is also included stating
that, if a building is built on the property, they must convert their
openings to protected openings.
Vice -Mayor Breiner closed the public hearing.
Councilmember Russom moved and Councilmember Nave seconded to approve
the staff recommendation that the Council, acting as the Board of
Appeals, approve the request for a variance from Section 504(b) of the
Uniform Building code regarding opening protection for windows within 10
feet of a property line at 900 Fifth Avenue subject to the following
conditions:
a. Kingdale Properties Company shall enter into an agreement with the
City that binds it and its successors to retrofit the West side of
its building at 900 Fifth Avenue with "protected openings" within 60
days of notification that a building or structure is to be built on
the adjacent property by the City or its successors.
b. That this agreement be in written form, acceptable to the City
Attorney, and recorded in the office of the Marin County Recorder.
c. That Council, acting as the Board of Appeals, direct staff to prepare
a Resolution of Findings and bring said resolution back for adoption
at the next meeting.
AYES: COUNCILMEMBERS: Frugoli, Russom, Nave & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
13. PUBLIC HEARING - PROTEST HEARING - SUN VALLEY OPEN SPACE ASSESSMENT
DISTRICT: (PW) - File 6-36 x 4-13-69 x 13-14-1
Vice -Mayor Breiner declared the public hearing opened.
SRCC MINUTES (Regular) 9/16/85 Page 3
SRCC MINUTES (Regula-, 9/16/85 Page 4
Vice -Mayor Breiner acknowledged to the crowd attending the hearing that
letters for and against open space had been received by the Council.
Public Works Director Bernardi stated that in 1983, a petition was
received by the City Council from the Neighborhood 13 Association
requesting a consideration of the formation of an assessment district
for the purchase of open space. When the petition was received, it set
in motion a series of legal actions up to this present meeting tonight.
Mr. Bernardi indicated that in calculating percentages, the law requires
that a minimum of 60% of the property owners within an assessment
district must agree to the formation of the district.
Re assessment costs, when the district was being put together, it was
found that there were some slide and unstable areas which neither the
City or County could afford to repair; therefore, Mr. Elliot Bien
managed to obtain a $377,000 grant from the San Francisco Foundation to
complete the slide repair work should the district be formed. The City
has designated $325,000 from the open space fund and the County of
Marin's Open Space District has appropriated $325,000 from their funds.
The people assessed would cover a cost of approximately $530,000. The
goal was to keep the cost down to less than $5.00 per month per
property, which would amount to about $58.00 per year for 20 years.
Mr. Daniel Bort, Bond Counsel for the assessment district, explained
that this meeting was to allow the people who are for or against the
open space district an opportunity to address their comments to the
Council. Mr. Bort reiterated Mr. Bernardi's explanation on the cost to
the people should the assessment district be formed, stating that the
assessment would be levied in an actual lien on the properties in the
amount of $497.36. There would then be a 30 -day period in which someone
could pay this amount in cash, and if they do, it could be paid off at a
discount cost of $452.60, or they could pay any portion in cash which
would be subject to a 9 percent discount, because certain costs
associated with selling bonds will not be incurred by payments made in
cash. If the assessment is not paid, the money in reality is borrowed
for the property owner by the selling of bonds and repaid with interest
over a period of 20 years. The payment, including interest, is limited
by the petitions filed, to an average monthly amount not to exceed
$4.87.
Vice -Mayor Breiner asked that anyone present with a letter of protest,
submit it to the City Clerk. None were presented at this time.
Ms. Fran Bridgeman from the Marin County Open Space District pointed out
the open space area from a map posted on the bulletin board. She stated
that the properties that would be acquired were owned by the Hozz
family, Duca family, two Murphy ownerships and a property owned by Owens
Mortgage. These properties would be an addition to the existing public
open space preserve that would bring the open space into the
neighborhood. There would probably be three or four entrances - 1) off
Crestwood; 2) off California; 3) an easement being negotiated with the
Sun Valley School District; 4) going through the existing public open
space.
Ms. Bridgeman stated that the Hozz property is a 43 acre eucalyptus
grove. Other areas are open grassland with small swales with oak and
bay woodlands, which offer beautiful views across the valley and to Mt.
Tamalpais.
If the property is maintained by the Marin County Open Space District,
it would be maintained for passive open space use. Basically, what an
open space district does is fence off and gate areas to control
motorcycle access, posting a sign indicating that it is open space, and
two trails might be constructed across it. There would not be public
drinking fountains or picnic tables and the area would not be advertised
bay area wide. It is an amenity for neighbors. Open Space rangers
patrol these properties doing litter pickup, tours for people and
community work. Culverts and drainage are maintained as well as trees
that could possibly damage other properties.
Mr. Elliot Bein, one of the initiators for the acquisition of the open
space, inquired of Mr. Bort if there would be future assessments and Mr.
Bort responded there would be none. Mr. Bein indicated that the
SRCC MINUTES (Regular) 9/16/85 Page 4
SRCC MINUTES (Regula, 9/16/85 Page 5
neighborhood plan committed the City and the neighborhood to try to
preserve the Sun Valley slopes and other parcels as open space and
stated that the alternative to the preservation of these 92 acres of
open space is development of about 50 homes or more which would cause
more traffic. He mentioned that five years ago, the neighborhood plan
cited a number of traffic problems in the area, noting the traffic tends
to congest at the corners of Fifth and "H" and Forbes and Eye Streets,
which have a large number of accidents. He stated that the people
living farther away from the open space will benefit from this open
space as traffic is a major detriment. Those in the lower areas are
also susceptible to flooding. Also, the sewage system is antiquated and
inadequate. The City has been working to resolve this problem and, he
added, that 50 more homes would incease the health and safety issue.
Supervisor Robert Roumiguiere stated that one and a half years ago,
Neighborhood 13 asked if they could bring together the technical
expertise for a proposal to be taken to the property owners in Sun
Valley, which was done. Whether the people are for or against this open
space, it was done in proper form, with committees comprised of
appraisers, engineers, bond counsel, representatives from the City
Manager's Office and various open space experts, The Trust for Public
Land, both City Attorney and County Counsel and representatives from the
community.
Mr. Roumiguiere stated that many of the properties will benefit in value
because of the open space acquisition. He indicated that in many
communities, the taxpayers have paid for all the costs of the open space
districts, or half of the cost. However, in this case, the community is
being asked to pay for one third of the cost which is the best leverage
he has seen throughout the County. He pointed out that whatever the
Council's decision is tonight, it is final.
Vice -Mayor Breiner then asked for comments from the public.
The following people spoke against the Sun Valley Open Space Assessment
District for various reasons including: 1) that this should be voted
upon by all the people of San Rafael; 2) some people do not live where
the open space can be seen from their homes; 3) did not know what the
petition meant when they signed it; 4) cannot afford the cost; 5) some
people living on the same street are being assessed on one side of the
street and others across the street are not; 6) the information was
misleading; 7) boundaries are drawn up wrong; and 8) the process is
wrong.
Mr. John Brigham of 61 Windsor.
Mr. Gerard Hendricks of 64 Longwood Drive, San
one of 15 properties in the San Anselmo portion
district.
Ms. Joan Warren Erskine of 111 Windsor.
Mr. Roper Crawford of 209 "H" Street.
Mr. Joseph Saccone, 101 Forbes Avenue.
Mr. Bernard Saccone, 107 Forbes Avenue.
Mr. Charles McAuliffe of 213 Ridgewood Drive.
Mr. Alvin Nadler of 409 Forbes Street.
Mr. Dan Curry on "H" Street.
Ms. Della Holloway, 121 Wimbledon Way.
Mr. George Kahler on "H" Street.
Anselmo, and an owner of
of the assessment
Mr. Bob*Belirna of 78 Longwood Drive.*Battagglia. See footnote.
Mr. John Exley, 2206 Fifth Avenue.
Mr. Zigmond of 12 Beryl Lane.
Ms. Victoria McDonald of 170 Solano Street.
Mr. Gary Robards, Project Engineer with Nute Engineering, explained that
out of 100 percent, 61 percent signed the petition. From the 61
percent, 7 percent changed their minds and protested, leaving a
remainder of 54 percent who did not protest. 39 percent did not sign
the petition and of this 39 percent, 23 percent did not respond and 16
percent protested, thus giving an overall total of 23 percent who
protested.
Mr. Daniel Bort stated that the petition served two functions; 1) A
technical legal function by getting the signatures of 60 percent on a
petition; 2) The petition limited the assessment to the average of
$4.87 per month and that the Council could look at it as an indication
SRCC MINUTES (Regular) 9/16/85 Page 5
*Name changed subsequent to the Council meeting, by instructions of
the City Attorney.
SRCC MINUTES (Regula., 9/16/85 Page 6
of support of the property owner, and protests coming in are also
reviewed by the Council as indications of opposition.
Councilmember Russom inquired of Mr. Robards, if the 23 percent
represented 23 percent of the total of 1,063 pieces of property, and Mr.
Robards replied that it represents 23 percent of the ownership of the
total amount of assessed land.
(Continuation of people who protested.)
Ms. Margaret Gorin of 72 Longwood Drive, San Anselmo.
Vice -Mayor Breiner called for a five minute break.
Vice -Mayor Breiner declared a continuance of the public hearing.
Mr. Jim Moriarity of 339 Forbes Avenue who originally signed the
petition for open space and now opposes the assessment district.
Mr. Berne Holman of Forbes Avenue.
Mr. Finbar O'Driscoll at 118 Windsor Avenue.
Mr. Al Jacobs of 68 Longwood Drive asked Mr. Bort what the alternate
procedures are re the financing, and Mr. Bort replied that there are a
number of different mechanisms available for financing under the
California law. Mr. Bort also stated that he reviewed the wording of
the petition for the proper presentation to the people, and indicated
that it was clear and adequate.
Councilmember Russom asked for confirmation from Mr. Bort, that under
California State law, an assessment district must be formed by the type
of petition that was used on the Sun Valley Open Space, and not in the
form of an election, and Mr. Bort replied that there are various ways to
form an assessment district and that none involves the voting process.
Ms. Betty Herbert of 76 Longwood, San Anselmo.
Mr. Howard Creighton, owner of property being assessed, but not living
on it.
Following are names of people who spoke in favor of the proposed
assessment district:
Mr. Richard Seymour of 2313 Fifth Avenue.
Ms. Sally Bennet Howell of 19 Elkin Court.
Mrs. Gayle Mills of 262 Alpine Street.
Mr. Bill Dittman, former President of the Neighborhood 13 Association.
Mr. Walter Steward of 217 Forbes Avenue.
Ms. Kay Tsenin of 321 California Street.
Ms. Catherine Pring of 29 Sirard Lane.
Ms. Mary Donnelly of 64 Ridgewood Drive.
Mr. Ken Fahy, owner of property on Ridgewood Drive but not living on it.
Mr. Mike Alvarez of Forbes and Eye Streets.
Mr. Henry Coleman of 28 Longwood Drive.
Mr. Brian Mahoney of 32 Moody Court.
Mrs. Marny Jones of 75 Longwood Drive.
Ms. Leslie Simons of 23 Scenic Drive.
Ms. Niki Simons of 23 Scenic Drive.
Mr. Paul Engels of 30 Shannon Lane.
Vice -Mayor Breiner closed the public hearing.
Councilmember Frugoli asked Public Works Director Bernardi why Grove
Hill had not been included in the boundary while parts of Fairhills
were. Mr. Bernardi called upon Mr. Elliot Bien to respond, who stated
that a perfect boundary line cannot be drawn, because the people at the
end of that line would contend that it should go on to another house,
corner, or block. The line was drawn around those people in the
Neighborhood 13 community, and those people at the strip at the end of
Longwood. At that time, Grove Hill was a piece of undeveloped land and
was not considered as a part of Neighborhood 13.
Councilmember Russom asked Mr. Bort if the Council moved to form the
district and reached a point where they were not able to agree on a
purchase price with one of the landowners, would Council have a legal
requirement to condemn the property, and Mr. Bort responded
SRCC MINUTES (Regular) 9/16/85 Page 6
SRCC MINUTES (Regular, 9/16/85 Page 7
affirmatively. Mr. Russom asked if they did not have the four votes
needed from Council for that condemnation, what would happen, and Mr.
Bort responded that if for whatever reasons circumstances arose
preventing the acquiring of all the property, the assessment district
would be cancelled. However, if the Council goes forward, it is making
a commitment to complete the project, and, if additional monies are
needed, it would have to come from other sources. Mr. Bort urged
Council not to sell the bonds until all contingencies have been met.
Councilmember Russom stated that there is a temptation to assume that
the crowd in the Council Chambers is truly representative of the entire
affected group, but that while there are approximately 250 people
present, there are 850 people who either were in favor of the district
or did not care enough to write or attend the protest hearing. He
stated that he could not see an indication that the State law had not
been followed, that the procedures were done correctly, and if the
Council opted not to proceed with this district, a rare opportunity
would be lost for this type of combined funding, and that the Council
would be allowing a minority to deprive the majority of what they
clearly want to happen. Councilmember Russom stated that he was in
favor of the open space district.
Councilmember Nave stated that after participating in many meetings,
having read the petition which is very clear, that the majority of the
people who signed the petition want the assessment district. Mr. Nave
indicated that there were various writeups on this district in the
newspapers and the people should have read about it. Councilmember Nave
stated that he was in favor of the open space district.
Councilmember Frugoli stated that in 1981 and 1982, this was brought to
Council to purchase the open space in Sun Valley, and the Council told
them to go out and get the money to pay for it which has been done.
Councilmember Frugoli stated that he was in favor of the open space
district.
Vice -Mayor Breiner asked for clarification on cost overruns, as to
whether the money allotted for mitigation to repair any of the slides on
any of the properties will be adequate and will not run into cost
overruns. Mr. Donald Herzog, Soils Engineer, responded that two firms,
his and another firm have done independent studies and both concur with
the cost and are confident that the amount is adequate to do the
mitigation work required.
Vice -Mayor Breiner stated that one of the major problems with the area
is the threat of landslide and people in the entire area will benefit
from the repair work that will be done on the slope, and that overall,
for the entire general area, the benefits outweigh the disadvantages.
Vice -Mayor Breiner stated that she was in favor of the open space
district.
RESOLUTION NO. 7185 - RESOLUTION OVERRULING PROTESTS (SUN VALLEY OPEN
SPACE ASSESSMENT DISTRICT)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 7186 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION
OF THE IMPROVEMENTS (SUN VALLEY OPEN SPACE
ASSESSMENT DISTRICT)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 7187 - RESOLUTION APPROVING REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT (SUN VALLEY OPEN SPACE
ASSESSMENT DISTRICT)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular) 9/16/85 Page 7
SRCC MINUTES (Regular, 9/16/85 Page 8
14. PUBLIC HEARING - PROPOSED ORDINANCE EXTENDING INTERIM URGENCY ZONING
ORDINANCE NO. 1511 WHICH ENACTED A MORATORIUM ON FORTUNETELLING
BUSINESSES (CA) - File 146 x 10-1
Vice -Mayor Breiner declared the public hearing opened.
City Attorney Ragghianti stated that on August 5, 1985, Interim Urgency
Ordinance No. 1511 was adopted placing a moratorium on fortunetelling in
the City of San Rafael, and pursuant to Government Code Section 65858,
Council is authorizied to extend that moratorium, and that the ordinance
tonight is an extention for a period of six months. Staff is in the
process now of working with the Police and Planning Departments in
putting together a comprehensive new Zoning Ordinance relating to
fortunetelling which will be before the Council within the next 60 days.
Vice -Mayor Breiner closed the public hearing.
The Title of the Ordinance was read:
"AN INTERIM URGENCY ORDINANCE EXTENDING FOR SIX MONTHS ORDINANCE NO.
1511 (MORATORIUM ON FORTUNE-TELLING BUSINESSES) AND PROHIBITING ANY USES
WHICH MAY BE IN CONFLICT WITH THE CONTEMPLATED ZONING PROPOSAL"
Councilmember Nave moved and Councilmember Russom seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it by
title only and adopt Charter Ordinance No. 1514 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
15. FORMATION OF EAST FOURTH STREET PARKING ASSESSMENT DISTRICT: (RA) - File
6-41 x (SRRA)R-230
Assistant Executive Director Ours stated that this is the first step in
forming the East Fourth Street Parking Assessment District of which the
Redevelopment Agency has pledged monies for the purchase of this
property.
a. Petition - Filed.
b. Certificate re Petition - Filed.
c. RESOLUTION NO. 7188 - RESOLUTION ACCEPTING PETITION (EAST FOURTH
g. RESOLUTION NO. 7191 - RESOLUTION APPROVING AGREEMENT FOR LEGAL
SERVICES (EAST FOURTH STREET PARKING ASSESSMENT
DISTRICT) (with Sturgis, Ness, Brunsell and
Sperry, a Professional Corporation)
SRCC MINUTES (Regular) 9/16/85 Page 8
STREET PARKING
ASSESSMENT DISTRICT)
AYES:
COUNCILMEMBERS:
Frugoli, Nave,
Russom & Vice -Mayor Breiner
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Mayor Mulryan
d. Boundary Map - Filed.
e. RESOLUTION NO. 7189 -
RESOLUTION APPROVING BOUNDARY MAP (EAST FOURTH
STREET PARKING
ASSESSMENT DISTRICT)
AYES:
COUNCILMEMBERS:
Frugoli, Nave,
Russom & Vice -Mayor Breiner
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Mayor Mulryan
f. RESOLUTION NO. 7190 -
RESOLUTION APPROVING AGREEMENT FOR ENGINEERING
SERVICES (EAST
FOURTH STREET PARKING ASSESSMENT
DISTRICT) (with
CSW Consultants)
AYES:
COUNCILMEMBERS:
Frugoli, Nave,
Russom & Vice -Mayor Breiner
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Mayor Mulryan
g. RESOLUTION NO. 7191 - RESOLUTION APPROVING AGREEMENT FOR LEGAL
SERVICES (EAST FOURTH STREET PARKING ASSESSMENT
DISTRICT) (with Sturgis, Ness, Brunsell and
Sperry, a Professional Corporation)
SRCC MINUTES (Regular) 9/16/85 Page 8
SRCC MINUTES (Regular, 9/16/85 Page 9
h. RESOLUTION NO. 7192 - RESOLUTION OF PRELIMINARY DETERMINATION TO
UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND
SETTING TIME AND PLACE OF HEARING (EAST FOURTH
STREET PARKING ASSESSMENT DISTRICT) (8:00 PM,
October 21, 1985, Council Chambers)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
16. P82-11 & Z82-15; AMENDMENT TO URBAN DESIGN & DEVELOPMENT POLICY
STATEMENT FOR EAST SAN RAFAEL & ZONE CHANGE FOR SPINNAKER ON THE BAY
MASTER PLAN; BELLAM & CATALINA BOULEVARDS; HENDRICKS-HORNE, OWNERS AND
REPS.; AP 9-010-17, 18, 19, 20 & 21; 9-100-01, 04, 05; & 9-142-13, 24,
26 & 53 (P1) - File 5-1-292 x 10-3
RESOLUTION NO. 7193 - RESOLUTION FINDING THAT THE PROPOSED SPINNAKER ON
THE BAY PROJECT IS CONSISTENT WITH THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT
AYES: COUNCILMEMBERS: Frugoli, Nave & Russom
NOES: COUNCILMEMBERS: Vice -Mayor Breiner
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 7194 - RESOLUTION ADOPTING AN AMENDMENT TO THE URBAN
DESIGN AND DEVELOPMENT POLICY STATEMENT FOR EAST
SAN RAFAEL FOR SPINNAKER ON THE BAY DEVELOPMENT ON
COUNTY ASSESSOR'S PARCELS 9-010-17, 18, 19, 20,
21; 9-100-01, 04, 05; AND 9-142-13, 24, 26, 53
AYES: COUNCILMEMBERS: Frugoli, Nave & Russom
NOES: COUNCILMEMBERS: Vice -Mayor Breiner
ABSENT: COUNCILMEMBERS: Mayor Mulryan
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, CALIFRONIA, 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 -C (PLANNED COMMUNITY) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT (SPINNAKER ON THE BAY)" (including
the modification to Development Standards (i) (2))
Councilmember Nave moved and Councimember Frugoli seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it by
title only and pass Charter Ordinance No. 1515 to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave & Russom
NOES: COUNCILMEMBERS: Vice -Mayor Breiner
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Vice -Mayor Breiner asked that the record reflect her reason for voting
"No" on this project, stating that she could not accept Level of Service
E, and that she was against the setback because it was not back far
enough to provide sufficient protection for the wildlife resources
habitat.
17. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1510 - AN ORDINANCE
OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE OF
HAZARDOUS MATERIALS (FD) - File 9-3-31
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4
OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE
OF HAZARDOUS MATERIALS"
Councilmember Russom moved and Councilmember Frugoli seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1510 by the following vote to wit:
SRCC MINUTES (Regular) 9/16/85 Page 9
SRCC MINUTES (Regula;, 9/16/85 Page 10
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
18. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1512 - AN ORDINANCE
AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE
BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM M (HEAVY COMMERCIAL &
MANUFACTURING) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (FRANCISCO
BUSINESS CENTER) (P1) - File 10-1 x (SRRA) 130
The title of the ordinance was read:
"AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED
BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM M (HEAVY COMMERCIAL &
MANUFACTURING) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (FRANCISCO
BUSINESS CENTER)"
Councilmember Nave moved and Councilmember Frugoli seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1512 by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1513 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING SECTION 2.04.010
"REGULAR MEETINGS" OF CHAPTER 2.04 "COUNCIL" TO PROVIDE THAT IN THE
EVENT A REGULAR COUNCIL MEETING WOULD OTHERWISE FALL ON CERTAIN NAMED
HOLIDAYS, THAT REGULAR MEETING SHALL OCCUR ON THE TUESDAY FOLLOWING THE
NAMED HOLIDAY (CA) - File 9-1
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING
SECTION 2.04.010 "REGULAR MEETINGS" OF THE CHAPTER 2.04 "COUNCIL" TO
PROVIDE THAT IN THE EVENT A REGULAR COUNCIL MEETING WOULD OTHERWISE FALL
ON CERTAIN NAMED HOLIDAYS, THAT REGULAR MEETING SHALL OCCUR ON THE
TUESDAY FOLLOWNG THE NAMED HOLIDAY"
Councilmember Russom moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1513 by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
20. REPORT ON DISCUSSIONS RE ST. VINCENT'S GROUP HOME AT LAS GALLINAS AVENUE
(CM) - File 13-16
Councilmember Russom stated that he had met with the St. Vincent's
School for Boys representatives twice since the last Council meeting,
and they had agreed on a basic starting point that although the program
itself is a valid program, in addition to being mandated by State law,
their mutual intent was to find a way to continue the program with the
least disruption. In considering the larger neighborhood and
community's concerns, a solution was reached.
Mr. Joe Brocco, Executive Director of St. Vincent's School for Boys,
then stated that under the circumstances, their decision is to
voluntarily relocate the group home at 1923 Las Gallinas Avenue, and
they will not use that property as a residence for any St. Vincent's
boys in the future.
Councilmember Nave stated that the Planning Commission will be checking
on group homes in San Rafael, and indicated that even though the State
feels that this is a valid program, answers to questions are needed,
such as the fact that these homes are being checked only once a year for
supervision.
SRCC MINUTES (Regular) 9/16/85 Page 10
SRCC MINUTES (Regula., 9/16/85 Page 11
Planning Director Moore informed Council that the Planning Commission
will be having a public hearing on October 1, 1985 on this item.
Vice -Mayor Breiner thanked the representatives from the St. Vincent's
Boys School and Councilmember Russom for the time and energy given to
this matter.
21. INDUCEMENT RESOLUTION FOR INDUSTRIAL DEVELOPMENT BONDS FOR CIVIC CENTER
NORTH HOTEL PROJECT (CM) - File 8-22 x 9-1-3 x 10-1
Finance Director Coleman informed Council that this was a preliminary
step before issuing the bonds, and that if the allocation is not used in
1985, it will be lost. The owners of the proposed hotel at Civic
Center have asked the City to use the City's allocation of $2.317
Million, which is the remaining amount, to help them with the financing
of the hotel, as well as the County allocation of $7.3 Million
(approx.), for a total of $10 Million.
RESOLUTION NO. 7195 - RESOLUTION CONCERNING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR HILTON INN HOTEL
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ADD ITEM
1. RE DISCUSSION OF FORMATION OF AN ASSESSMENT DISTRICT IN THE
BELLAM/FRANCISCO BOULEVARD AREA - File 6-43
Councilmember Breiner requested that staff have this item placed on the
agenda for a future meeting to discuss possible formation of an
assessment district in the Bellam/Francisco Boulevard area to help
mitigate traffic problems.
There being no further business, the meeting was adjourned.
JEANNE L�EONCINI, it\y C1er
APPROVED THIS DAY OF 1985
DOROTHY L. BRINER, VICE -MAYOR OF SAN RAFAEL
SRCC MINUTES (Regular) 9/16/85 Page 11