HomeMy WebLinkAboutCC Minutes 1985-10-07SRCC MINUTES (Regular) 10/7/85 Page 1
In the Conference Room 201 of the City of San Rafael, Monday, October 7,
1985 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS -
File 1.4.1.a
85-20(a), #1 - Leslie Zuver & Jodi Jamerson v. City of San Rafael, et
al.; 85-20(b), #1 - Denis Muir & Ruth Muir v. City of San Rafael, et al;
85-20(c), #1 - Douglas Jackson & Christine E. Jackson v. City of San
Rafael, et al; 85-20(d), #2.
In the Council Chambers of the City of San Rafael, Monday, October 7, 1985,
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councimember
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:
Mrs. Dolly Nave gave a brief update on the tennis courts project at Albert
Park, stating that PG&E would be putting PVC pipe over guywires, and with
the exception of the laying of asphalt to be done within one week on Albert
Park Lane, the project is complete.
CONSENT CALENDAR
RECOMMENDED ACTION
Councilmember Nave moved and Councilmember Frugoli seconded, to approve the
recommended action on the following consent calendar items:
Item
4. Resolution of Findings - Appeal of
Building Official's Enforcement of
Section 504(b) of the Uniform
Building Code at 900 Fifth Avenue
(PW) - File 4-10-197 x 1-6-1 x
9-3-40
5. Report on Bid Opening and Award
of Bid for Fire Hose and Related
Fittings (FD) - File 4-2-204
7. Bid Opening and Award of Contract -
Pickleweed Park Earth Levee
Reinforcement Project (PW) -
File 4-1-392
Recommended Action
RESOLUTION NO. 7196 - RESOLUTION
OF THE CITY COUNCIL (IN ITS CAPACITY
AS THE BOARD OF APPEALS) GRANTING
CONDITIONED APPROVAL OF AN APPEAL
FROM SECTION 504 OF THE BUILDING
CODE AT 900 FIFTH AVENUE (RE OPEN-
ING PROTECTION OF PROPERTY LINE
FIRE WALL) AND AUTHORIZING EXECU-
TION OF DEFERRED COMPLIANCE AGREE-
MENT (with Kingdale Properties Co.).
RESOLUTION NO. 7197 - RESOLUTION
AUTHORIZING THE PURCHASE OF FIRE
HOSE UTILIZING FUNDS FROM THE
CAPITAL OUTLAY BUDGET (from L.N.
Curtis & Sons of Oakland, Ca., low
bidder, in amount of $62,217.64).
RESOLUTION NO. 7198 - RESOLUTION
OF AWARD OF CONTRACT RE PICKLEWEED
PARK EARTH LEVEE REINFORCEMENT
PROJECT NO. 019-19909018000 (to
Piombo General Engineering Con-
tractors, Inc., low bidder, in
amount of $77,669.00).
SRCC MINUTES (Regular) 10/7/85 Page 1
SRCC MINUTES (Regular) 10/7/85 Page 2
8. Call for Applications to Fill
Vacancy on Board of Library
Trustees Due To Resignation of
Chairman James Greenan (CC) -
File 9-2-3
9. Call for Applications Re Expira-
tion of Terms of Two (2) Board of
Review (Personnel) Members: (CC) -
File 9-2-12
a. Armon Barsamian
b. Fred F. Enemark
10. Call for Applications to Fill
Vacancy on Design Review Board
Due to Resignation of Fred
Furu-ichi (CC) - File 9-2-39
11. Third Modification to Joint Powers
Agreement Between the Marin County
Open Space District and the City
of San Rafael Re Purchase of Sun
Valley Open Space Property (CA) -
File 4-13-69 x 6-36
12. Request for Authorization to
Apply for Technical Assistance
Grant from San Francisco
Foundation (Lib/Cult.Affs) -
File 8-19 x 9-3-61
14. Authorization for Director of
Public Works/City Engineer to
Execute Right -of -Way Certification
File 4-10-66 x 9-3-40
15. Claims for Damages:
a. Deitz Lydia Blakemore (PD) -
File 3-1-1006
b. Farmers Insurance Group (PW) -
File 3-1-1009
c. George Ider (PW) -
File 3-1-1011
d. Pacific Gas & Electric Co. (PW) -
File 3-1-1014
Approved staff recommendation:
a) Council accepted Mr. Greenan's
resignation; b) Called for appli-
cations to fill the unexpired term
to end of April 1987, with deadline
for receipt set for Tuesday,
October 29, 1985 at 12:00 Noon in
City Clerk's Office; c) Scheduled
interviews at Special Meeting to be
held on Monday, November 4, 1985,
commencing at 6:00 PM.
Approved staff recommedation:
Council: a) Called for applications
to fill two vacancies, with dead-
line for receipt set for Tuesday,
October 29, 1985 at 12:00 Noon in
City Clerk's Office; b) Scheduled
interviews, including incumbents, at
Special Meeting to be held on
Monday, November 4, 1985, commencing
at 6:00 PM.
Approved staff recommendation:
Council: a) Accepted resignation
of Fred Furu-ichi, Landscape
Architect; b) Called for applica-
tions to fill unexpired Landscape
Architect term to end as of June,
1989, with deadline for receipt
set for Tuesday, October 29, 1985,
at 12:00 Noon in the City Clerk's
Office; c) Scheduled interviews at
Special Meeting to be held on
Monday, November 4, 1985, commencing
at 6:00 PM.
RESOLUTION NO. 7199 - RESOLUTION
AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH MARIN COUNTY OPEN
DISTRICT - THIRD MODIFICATION TO
JOINT POWERS AGREEMENT RE PURCHASE
OF SUN VALLEY OPEN SPACE PROPERTY
(AP No. 10-011-35, Owned by William
& Judith Murphy).
Approved staff recommendation to
apply for a grant to develop a
collections management system for
Falkirk.
RESOLUTION NO. 7200 - RESOLUTION
AUTHORIZING THE SIGNING OF RIGHT
OF WAY CERTIFICATION DOCUMENTS FOR
FEDERAL AID PROJECTS
Approved Insurance Consulting
Associates, Inc. Recommendations
for Denial of Claims.
SRCC MINUTES (Regular) 10/7/85 Page 2
SRCC MINUTES (Regular) 10/7/85 Page 3
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. APPROVAL OF MINUTES OF REGULAR MEETINGS OF SEPTEMBER 3, and 16, 1985 and
SPECIAL JOINT MEETING OF SEPTEMBER 16, 1985 (CC) - File 1-4
Councilmember Russom called attention to Minutes of September 3, 1985,
page 3, first paragraph line 5, should read, "credit against the traffic
mitigation fees for the reasonable ...rather than or." Last paragraph,
Item 9, correct the last sentence to read, "Councilmember Russom cautined
that if $180,000 (value of the land) plus $50,000 (improvements) credit
exceeds the actual mitigation fees, the maximum amount of credit will
only be the maximum amount of mitigation fees.".
Councilmember Breiner stated that in the Minutes of September 3, 1985,
Item 12, page 5, ..."Vice -Mayor Breiner did not agree with Alternative
Phase One", should be changed to read..."Vice-Mayor Breiner preferred
Alternative 4".
Councilmember Russom moved and Councilmember .Breiner seconded, to approve
Minutes of Regular and Special Joint Meetings of September 16, 1985 as
presented, and Minutes of Regular Meeting of September 3, 1985 as
amended.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Russom
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Mayor Mulryan (Due to absence from meetings).
3. REPORT ON BID OPENING - MISCELLANEOUS SIDEWALK REPLACEMENT 1985 (PW) -
File 4-1-391
RESOLUTION NO. 7201 - RESOLUTION OF AWARD OF CONTRACT RE MISCELLANEOUS
SIDEWALK REPLACEMENT - 1985 PROJECT NO. 006-
40696008000 (to Ghilotti Bros., Inc., only bidder,
in amount of $40,711 and authorized transfer of
$25,000 in Gas Tax Funds to this project from the
Street Resurfacing Account).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. BID OPENING AND AWARD OF CONTRACT - BELLAM BOULEVARD INTERIM IMPROVEMENTS
(PW) - FILE 4-1-388
Councilmember Frugoli inquired from staff when the project would be
completed, and Assistant Public Works Director Strom responded that it is
anticipated to be in February or March 1986.
RESOLUTION NO. 7202 - RESOLUTION OF AWARD OF CONTRACT RE BELLAM BOULEVARD
INTERIM IMPROVEMENTS (to Ghilotti Bros. Inc., low
bidder, in amount of $247,508)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. APPROVAL OF VEHICLE REPLACEMENT LIST (CM) - File 9-3-80
Administrative Assistant Harry stated that all the vehicles listed have
over 75,000 miles usage and the undercover cars and patrol cars are
closer to 80,000 miles usage.
When questioned about the status of the boat for the Police Department,
Mr. Harry indicated that a report will be brought back to Council at the
next meeting.
Mr. Harry informed Council that there is $800,000 in the replacement
fund, which accumulates annually.
SRCC MINUTES (Regular) 10/7/85 Page 3
SRCC MINUTES (Regular) 10/7/85 Page 4
Assistant City Manager Nicolai responded to Councilmember Breiner's
concern about having records kept on the vehicles being recycled rather
than purchasing new cars, by stating that cars are rotated into the car-
pool fleet, with records kept on maintenance of cars being utilized by
various departments, including fuel consumption.
Councilmember Breiner moved and Councilmember Nave seconded, authorizing
staff to go out to bid on all vehicles listed on Vehicle Replacement
List. Staff shall report back to Council for the award of bid prior to
each purchase.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - UP85-65 & ED85-62; APPEAL OF PLANNING COMMISSION'S
DENIAL FOR A BURGER KING RESTAURANT; 909 FOURTH ST.; RUBINI
ENTERPRISES, OWNER; MARK NOACK FOR BURGER KING, APPELLANT & REP.; AP;
11-263-10 (P1) - File 10-5 x 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that the proposal for an 86 seat fast
food restaurant at 909 Fourth Street was considered by the Planning
Commission in August 1985, and was denied by a 5-1 vote (Commissioners
Livingston dissenting and Willms absent). Denial was based on four
findings: 1) Loss of existing retail space in the retail core downtown,
while adding another restaurant; 2) Parking demand may adversely affect
parking available in the area for existing uses; 3) Fast food
restaurant in this location may create litter problems; 4) Late hours of
operation, as compared to most uses downtown, may result in a change in
the character of Fourth Street by attracting a different nighttime
clientele than currently exists.
Mr. Stan Kubu, proposed operator of the franchised Burger King
Restaurant, stated that the fast food restaurant would serve the
community in general, and that the building it will be occupying had
been vacant over one year, citing also, other vacancies on Fourth
Street. Burger King would renovate, upgrade and reinforce the building
to safety requirements.
Mr. Jeff Jones, General Manager of Farmer Lane Foods, Inc., stated that
12% of their customers in San Rafael come from the downtown area to the
East Francisco Burger King, indicating that people are willing to drive
to the location. Therefore, they feel that having Burger King in the
downtown location would be keeping people in the area, to lunch and
shop, cutting down on traffic. Mr. Jones touched on other aspects of
their proposal.
Mr. Warren Robinson, merchant in San Rafael, stated he was opposed to
having Burger King in the downtown area, rather than a retail store.
Mr. Tom Lee, worker at San Rafael Joe's, indicated he was opposed to
having Burger King in the downtown area.
Mr. Tom Sherwood, attorney with Bianchi, Hoskins, Paxton and Engle,
spoke on behalf of the property owner concerning the fact that the space
had been vacant for one year even though 30 inquiries had been made from
various businesses, but to no avail.
Mr. Scott Deming, businessman in San Rafael, indicated his opposition
to having Burger King in the downtown area, preferring to have retail
business instead.
Mayor Mulryan closed the public hearing.
Mayor Mulryan stated that the City Council has spent a great portion of
their energy in working on the improvement of the downtown area, and
indicated his support for the appeal, given today's business
environment.
Councilmembers Frugoli, Nave and Russom agreed to granting the appeal to
Burger King.
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Councilmember Breiner indicated her opposition to granting the appeal,
questioning the statistics submitted by Burger King, not knowing what
amount of rent is being asked by the Landlord, and reiterating her
desire for retail establishments in the downtown core area.
Councilmember Russom moved and Councilmember Nave seconded, to overrule
the Planning Commission's denial and grant appeal with conditions (as
presented by staff to the Planning Commission on August 27, 1985).
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING - ABANDONMENT OF 10 FOOT WIDE PUBLIC UTILITIES EASEMENT -
899 NORTHGATE DRIVE, MAP OF QUAIL HILL, SAN RAFAEL (PW) - File 2-12
Mayor Mulryan declared the public hearing opened.
Assistant Public Works Director Strom presented a report indicating
that on September 3, 1985, the Council adopted a resolution of intention
to vacate a 10' wide public utilities easement across the property at
899 Northgate Drive in Terra Linda. The Council set October 7 for a
public hearing on the matter. The abandonment was a condition of the
building permit for the office building project under construction on
this site. The property owner, H.B.C. One, Ltd., requested the City
vacate the public utilities easement on its property. All utilities
have been notified and have no objections to the proposed easement
abandonment.
Mayor Mulryan closed the public hearing.
RESOLUTION NO., 7203 - RESOLUTION ORDERING CLOSING, ABANDONING AND
VACATING 10 FOOT WIDE PUBLIC UTILITIES EASEMENT,
MAP OF QUAIL HILL, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. PUBLIC HEARING - NUISANCE ABATEMENT PROCEEDINGS FOR LAUREL GLEN
SUBDIVISION (PW) - File 3-3-42 x 5-1-301
Mayor Mulryan declared the public hearing opened.
Assistant Public Works Director Strom was sworn in by City Clerk
Leoncini, as requested by City Attorney Ragghianti, as he would
be presenting testimony on abating a public nuisance.
Mr. Strom stated that the Laurel Glen Subdivision on San Pablo Road was
approved in 1984, and although most of the grading had been done,
progress on the subdivision improvements by the developer has stopped
due to financial problems. The developer's bank had assured staff that
this problem would be resolved, but to date, work has not been
completed. Staff asked for Council authorization to have this project
abated to correct certain items of work on site to stabilize the area so
as not to create any problems to the adjoining property and to the
public facilities.
Mayor Mulryan closed the public hearing.
RESOLUTION NO. 7204 - RESOLUTION ORDERING ABATEMENT OF NUISANCE AT
"LAUREL GLEN" SUBDIVISION ON SAN PABLO ROAD
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. STATUS REPORT ON CANALWAYS PROJECT (Pl) - File 5-1-288 x 10-3
City Manager Gaebler stated that the Applicant asked to present the
Council with an updated report on the project, and to have a clear
understanding with the staff and Council to follow the direction given
in April 1985.
SRCC MINUTES (Regular) 10/7/85 Page 5
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Planning Director Moore proceeded to give the status on the Canalways
Project.
Council certified an EIR in October 1984, and reviewed the merits of the
project in January 1985, denying various applications. In April 1985,
at the request of the Applicant to reconsider the denial, Council
rescinded their denial allowing consideration of the proposal if four
conditions were met by the Applicant: 1) New Applicant fees be paid to
compensate for City staff time; 2) Fees necessary for further
environmental review be paid; 3) Outstanding levee repair lien be paid;
4) Outstanding drainage assessments for the property be paid. The first
three items were taken care of; however, the last item, Outstanding
drainage assessments for the property be paid, is still outstanding, and
Council has authorized hiring special counsel to pursue this matter in
the City's interest.
After Council's rescision of denial, Applicant filed amended
applications, and it is staff's observation that the revised project is
similar to applications denied by the Council in January 1985.
Mr. Jim Bledsoe, Developer of the project, asked Council to process his
project expediously, by sending it back to the Planning Commission for
review of the merits of the project and the conditions of approval, with
the project to be brought back to the City Council in November or
December for a decision. Mr. Bledsoe continued to state that his loan
is due on December 1, 1985, and disagreed that the project was denied in
January 1985 on its merits, but rather was denied as a result of the
proposed neighborhood plan.
Planning Director Moore explained that without looking at prior
applicants, that the time frame Mr. Bledsoe indicated must be met, could
only be met at the expense of taking his project out of order and
putting it in front of other projects. She indicated there are other
projects being handled by the staff's Senior Planner, Art Brook, who is
also the planner on this project, and that there is not enough time for
Mr. Brook to work on all the projects within the next month.
After discussion, staff was directed to place the Canalways Project in
line with other projects, using the original application, with staff to
bring back an interim report to Council at the next meeting on what
needs to be done with the Canalways Project, including staff time
required.
20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1515 - 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 -C (PLANNED COMMUNITY) DISTRICT TO P -D (PLANNED
DEVELOPMENT) DISTRICT (SPINNAKER ON THE BAY) (P1) - File 5-1-292 x 10-3
x 191
Councilmember Breiner indicated non -substantive clerical corrections on
Exhibit A - Page 7, Item (3), that the end of the sentence should read
"may be considered". Page 10, Item (n), last word "granted" should be
"requested".
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 -C (PLANNED COMMUNITY) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT (Spinnaker on the Bay)"
Councilmember Frugoli moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance 1515 (with corrections) by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 10/7/85 Page 6
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21. DISCUSSION OF TRAFFIC ISSUES, SPECIFICALLY WITH REGARD TO EMERGENCY
SERVICES (P1) - File 11-1 (VERBAL)
Councilmember Breiner stated that citizens with ideas on emergency
services should contact County Administrator John Barrows at the Civic
Center, and then made the following suggestions: 1) Message boards be
approved and installed along Highway 101; 2) Caltrans have emergency
phone boxes along portions of Highway 101; 3) Have an Inter -
jurisdictional Committee to be called an Emergency Operations Task Force
to consider emergency connectors, made up of a sub -committee of
Mayors/Councilmembers, Planning Commissioners, San Francisco Foundation
Task force, and a Facilitator not connected with governmental agencies.
Councilmember Nave asked staff to come back at next meeting with
information on - who Council would be working with; what streets would
be involved in San Rafael with having emergency connectors, and the
cost. He asked that the list be prioritized.
Councilmember Russom asked staff to come back with a comprehensive
report on current facts and status on interim improvements on Bellam
Boulevard covering the following: Accomplishments; Federal Programs;
Effects of CalTrans actions; HOV Lanes; Local contributions from
mitigation fees; Effects of Northgate improvements.
Mayor Mulryan suggested that staff consider the number one priority to
be a connector that provides the most needed emergency linkage and cost.
Councilmember Breiner stated she will approach the
Mayors/Councilmembers/County to see if there is an interest in an
Interjurisdictional Committee.
22. DISCUSSION OF DESIGN REVIEW POLICIES (P1) FILE 9-2-39 x 9-2-6
Councilmember Breiner indicated her concern is to have steps taken to
prevent buildings being built other than what has been approved, i.e.,
Equitec Marin Executive Center, Marin Covenant Church complex and 55
Shaver office building.
After discussion, Council agreed that a sub -committee be formed
consisting of (2) members of Council (Councilmembers Breiner and
Frugoli), (2) Planning Commission members and (2) Design Review Board
members. Sub -committee to meet first to discuss policies, prior to
scheduling a special joint meeting with Council, Planning Commission and
Design Review Board.
Council adjourned to continuation of the Closed Session.
JE . LEONCINI, ITY CLERK
APPROVED ON DAY OF 1985
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 10/7/85 Page 7