HomeMy WebLinkAboutCC Minutes 1985-12-02r
SRCC MINUTES (Regularf 12/2/85 Page 1
In Conference Room 201 of the City of San Rafael, Monday, December 2, 1985
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 85-23(a) - #1. Allan Martino v. City of San Rafael (Workers
Compensation).
No action taken.
In the Council Chambers of the City of San Rafael, Monday, December 2, 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
CONSENT CALENDAR
RECOMMENDED ACTION
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following consent calendar items:
T+ cm
3. Salary Resolution for Part -Time,
Temporary, Intermittent and
Seasonal Workers (CM) - File 7-3
Recommendation Action
RESOLUTION NO. 7235 -
RESOLUTION FOR PART-TIME,
TEMPORARY, INTERMITTENT AND
SEASONAL WORKERS (effective
12/1/85)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. REPORT ON TRANSPORTATION RELIEF IMPLEMENTATION PROGRAM (TRIP) (P1) -
File 11-31 x 10-2
Mayor Mulryan directed staff to evaluate the TRIP report and come back
to Council at the next meeting with a report to include exemptions and
exclusions.
Councilmember Breiner thanked all those involved in the .Ad Hoc Committee
for their input.
4. CLAIM FOR DAMAGES: JOYCE E. HARRIS (PW) - File No. 3-1-1023
Mayor Mulryan stated that this claim involved an accident that appeared
to have taken place on County property, and asked staff if it was County
policy to question this type of claim or if it was just accepted.
Public Works Director Bernardi stated that the investigation showed that
the accident happened in the City of San Rafael but on County property,
and that the County will not automatically hold the City harmless.
Councilmember Frugoli moved and Councilmember Russom seconded, to
approve Insurance Consultinq Associates, Inc. recommendation for denial
of claim.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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SRCC MINUTES (Regular) 12/2/85 Page 2
5. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF SECTION
504(b) OF THE UNIFORM BUILDING CODE AT 901 "A" STREET; AL LAMPERTI,
REP.; THIRD & A ASSOCIATES, OWNER (PW) - File 1-6-1 x 9-3-32
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that the Council was sitting as
the Board of Appeals to consider allowing a variance from Section 504(b)
of the Uniform Building Code which does not permit openings in office
and retail building walls within five feet of a -property line. Mr. Al
Lamberti of Third and "A" Associates is seeking an exception to this
requirement so they can create an opening in their property line wall on
the mezzanine to provide a doorway for emergency existing purposes onto
the City's Third and "A" Streets parking structure. The doorway, if
approved, can be fitted with a fire door which would achieve the fire
rating necessary to provide protection between the properties.
Mayor Mulryan closed the public hearing.
Councilmember Frugoli moved and Councilmember Russom seconded, that
Council, acting as the Board of .Appeals, approve the request for a
variance from Section 504(b) of the Uniform Building Code regarding
openings within five feet of a property line at 901 'A' Street subject
to the following conditions: 1) Third and 'A' Associates shall enter
into an agreement with the City of San Rafael for this work. 2) That
this agreement be in written form, acceptable to the attorney, and
recorded in the office of the Marin County Recorder. It is further
recommended that the City Council, acting as the Board of Appeals,
direct staff to prepare a Resolution with Findings and bring said
Resolution back for adoption at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. PUBLIC HEARING - P85-15; DEVELOPMENT AGREEMENT FOR SHORELINE INDUSTRIAL
PARK; 1615 FRANCISCO BLVD.; CAL-PDX, INC., OWNER; MARTIN BRAMANTE/LEE
JORDAN, REPS.; AP 9-320-02 THRU 13; 15 THRU 26; AND 32 THRU 39 (P1) -
File 6-38 x 10-6
Mayor Mulryan declared the public hearing opened.
Lee Jordan, Attorney representing the applicant, stated that his client
has been out of town for one month and had just returned today and has
not had the opportunity to review the staff report thoroughly. Mr.
Jordan requested that this item be continued to the second Council
meeting in January 1986.
Mr. Fred Grange stated that he would not be able to attend the Council
Meeting that night, and wanted his statement on record that he Opposed
the concept of one property owner asking for an exemption in East San
Rafael when all of the property owners need to work out the problem
together.
Mayor Mulryan continued this item to second Council meeting in January,
1986 (Monday, January 20, 1986).
7. UP85-48 - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SITE
FILLING WITH 160,000 CUBIC YARDS OF MATERIAL FOR SPINNAKER ON THE BAY;
BELLAM AT CATALINA BOULEVARDS; HENDRICKS-HORNE, OWNERS; BOB HOFFMANN,
FRIENDS OF SPINNAKER POINT, APPELLANT; AP 9-100-01, 04 & 05; 9-142-13,
24, 26 & 53; 9-010-17 & 21 (P1) - File 5-1-292 x 10-3 x191
Mayor Mulryan declared the public hearing opened.
Planning Director Moore gave background on this item stating that the
Planning Commission conditionally approved a use permit for importing
160,000 cubic yards of fill material for the Spinnaker -on -the -Bay site
to be placed on 30 plus acres of existing upland created from spoils
disposal and hydraulic filling in the 1960's and 1970's. The fill is
SRCC MINUTES (Regular) 12/2/85 Page 2
SRCC MINUTES (Regular) 12/2/85 Page 3
necessary to raise upland portions of the site to meet the City flood
protection standards for development.
On November 4, 1985, an appeal was filed by the Friends of Spinnaker
Point, and Ms. Moore noted that at no time prior to or at the Planning
Commission meeting was staff or the Commission made aware of any
opposition to the use permit which was a consent calendar item at the
Planning Commission meeting in October.
The appeal proposed that the use permit be denied because the Draft East
San Rafael Neighborhood Plan was not done, and that the existing draft
does not reflect the desires of the neighborhood or the original premise
that this project complies with the plan.
Mr. Bob Hoffmann spoke on behalf of the appeal pointing out the sequence
of events and the desires of the Neighborhood Plan.
Mayor Mulryan stated that the Planning Commission and staff found that
regardless of the ultimate design, the fill will be only on the upland
portion and is necessary as a flood protection.
Richard Tarrant, Attorney for the Applicant stated that he objected to
Council considering any of the arguments made by Mr. Hoffmann because
neither Mr. Hoffmann nor the group he represents appeared before the
Planning Commission to address their views, and Mr. Tarrant questioned
anyone having the right to ignore the Planning Commission's hearing and
then come before the Council to present new arguments. Mr. Tarrant also
stated he does not believe that any debate has taken place with the
Neighborhood Plan to date,casting doubt on the reasonableness and
properness of the Council's decision regarding this item, and that the
fill permit has nothing to do with the planning and development
approvals. Mr. Tarrant continued that the developer must still
come before the Council to show satisfaction of the conditions of
approval of the rezoning, and that they are caught in a "Catch 22"
situation because their right to proceed with Phase I is subject to
having all required approvals in a 12 month period of time.
Mr. Fred Grange spoke in support of the land fill on this project.
Mayor Mulryan closed the public hearing.
In answer to a question posed by Councilmember Russom on the timing of
filling the land, Mr. Dennis Horne, developer, stated that with weather
permitting, it would be March 1986.
Councilmember Nave moved and Councilmember Frugoli seconded, to deny the
appeal and approve the Resolution Recommending Upholding Planning
Commission Action to Conditionally Approve a Use Permit for Importing of
Fill Material for the Spinnaker -on -the -Bay Site at Bellam at Catalina
Boulevards.
RESOLUTION NO. 7236 - RESOLUTION RECOMMENDING UPHOLDING PLANNING
COMMISSION ACTION TO CONDITIONALLY APPROVE A USE
PERMIT FOR IMPORTING OF FILL MATERIAL FOR THE
SPINNAKER ON THE BAY SITE AT BELLAM AT CATALINA
BOULEVARDS
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 12/2/85 Page 3
SRCC MINUTES (Regular) 12/2/85 Page 4
8. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1519 - AN ORDINANCE 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 (Pl) - File 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 -C (PLANNED COMMUNITY DISTRICT)
TO P -D (PLANNED DEVELOPMENT DISTRICT)"
Councilmember Frugoli moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1519 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1520 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL DECLARING A NEED FOR AN INDUSTRIAL DEVELOPMENT
AUTHORITY AND DECLARING THAT SUCH AUTHORITY SHALL FUNCTION (Fin) - File
IDA -1
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A
NEED FOR AN INDUSTRIAL DEVELOPMENT AUTHORITY AND DECLARING THAT SUCH
AUTHORITY SHALL FUNCTION"
Councilmember Breiner moved and Councilmember Frugoli seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1520 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7237 - RESOLUTION DECLARING THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL TO BE THE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
SAN RAFAEL
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. REPORT ON RESIDENTIAL CARE FACILITIES (P1) - File 13-16 x 10-2
Jeff Baird, City's Housing Specialist stated that this item was referred
to the Planning Commission in September, 1985 followed by additional
meetings to discuss the residential care facilities. An Ad Hoc
Committee made up of neighborhood and group home representatives was
formed to look into the licensing regulations, possible changes of State
law and City actions in response to problem situations.
An overall conclusion from the committee and the Planning Commission
indicated that most of the residential care facilities in San Rafael are
well operated and do not impact the neighborhood, but with some
exceptions. The problem is directed as to how to have the system
respond to the problem situations. The recommendations of the committee
reflect the recommendations of the Planning Commission as well,
and are to be implemented through lobbying State representatives for
changes in State law, contacting other cities, involving the County and
through the City's response to the issues.
(a) Establishment of a contact person or ombudsman at City Hall, whose
responsibility would be to monitor the homes and be a liaison and also
making sure that the system works, including documentinq complaints.
SRCC MINUTES (Regular) 12/2/85 Paqe 4
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(b) Preparation of a County wide action plan that would check into
having a County wide person to monitor the situation, similar to the
contact person at City Hall, and establish a type of "fair share"
approach among various cities in the County concerning the location of
group homes. Also, establishing County -wide consensus positions on
changes to State law.
(c) Lobby for Legislation - whereby the City would lobby for changes in
the State law regarding regulation of facilities; keep facilities in
compliance with State regulations; require mandatory decisions regarding
licensing revocation within 90 days; mandatory local notification as
to access to .records when juveniles are placed by out of County
agencies, and increasing the minimum 300 foot separation distance
between homes. The strongest issue is the distance between homes;
people living near the group homes would prefer that the distance be
increased. The City has no use permit authority over these homes. The
concensus is that the City take a position in lobbying for changes to
State law to increase the 300 foot separation distance to 1,000 feet.
(d) The committee to reconvene within six months to monitor the
situation and recommend further changes, if necessary.
Councilmember Nave urged that lobbying be done to implement the necessary
changes in the State law.
Councilmember Breiner moved and Councilmember Fruqoli seconded, to
implement Items (b), (c) and (d), asking the Ad Hoc Committee to
establish the criteria of the 1,000 feet, and that Item (a) be brought
back to Council with additional information in terms of cost and who
would be doing the work, without adding another person at City Hall.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Ms. Polly Yarnell, member of the Ad Hoc Committee and residential care
provider for autistic children, was concerned with the 1,000 foot
separation, indicating that there could be a possibility of
discrimination.
Mr. Art Segal, employed with the Community Mental Health in Marin
County, also did not agree with the 1,000 foot recommendation.
Dr. Pat Nida, who was appearing as a mother and representative of the
North Nova Albion Neighborhood Association, submitted a letter to the
Council containing 23 signatures, and indicated that she was also a
member of the Ad Hoc Committee. Dr. Nida's concern was the fear of
living near a group home that has repeated citations for lack of
supervision.
Mr. Cullin Coates, who lives next to the Jewell Street House spoke on
the problems caused by the residents of the group home, and the
frustration of the Police Department not being able to help because the
home is a State facility.
City Attorney Ragghianti indicated that if there is a crime committed,
no matter whose property it is on,and if it is witnessed by a peace
officer, it is presumed that the officer would effect an arrest.
Mr. Don Purdy who lives on the opposite side of Jewell Street House
supported the report and recommendations made by Jeff Baird.
Ms. Virginia Gaskin, representing the Terra Linda Property Owners
Association, spoke on the growing concern within their neighborhood on
the proliferation of residential care facilities, and indicated their
support of the report by Jeff Baird on the recommendations made.
Council appointed Jeff Baird to follow up on the concerns regarding
group homes that are not complying with the State law, asking that these
homes be monitored; and also to work with the Police Department's
Juvenile Division to find out who brings the children here and what the
charges are, and to also cover the problem of mental disorders where the
Police cannot make arrests because of this.
SRCC MINUTES (Regular) 12/2/85 Page 5
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Council directed City Attorney Ragghianti to work with the Police
Department on crimes committed at group homes involving surrounding
neighbors.
Staff was directed to write a letter on behalf of the Council to Carol
Willimas, County Planning staff person who handles Community Development
Block Grant funds, to inform her that when considerinq future requests
through her office for residential care facilities that San Rafael is
carrying more than its share of group homes.
ADD ITEM
1.
2.
AUTHORIZATION FOR FALKIRK TO APPLY FOR AN ART IN PUBLIC PLACES GRANT
FROM THE NATIONAL ENDOWMENT FOR THE ARTS - File 223 x 202
RESOLUTION NO. 7238 - RESOLUTION AUTHORIZING FALKIRK TO APPLY FOR THE
ART IN PUBLIC PLACES GRANT FROM THE NATIONAL
ENDOWMENT FOR THE ARTS
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COORDINATED EFFORT TO ACHIEVE RELOCATED NORTHBOUND RAMPS AT BELLAM/I-580
INTERCHANGE - File 11-13 x 9-3-40
Councilmember Breiner referred to her memo of November 29, 1985
concerning City staff having discussions with the County staff looking
at a possible compromise on the I-580 Interchange.
Staff was directed to set up a meeting including Board of Supervisors'
Chairman Bob Stockwell and Board member Gary Giacomini, to discuss
Relocated Northbound Ramps at Bellam/I-580 Interchange with City staff
and CalTrans. Councilmember Breiner to attend meetings on behalf
of Council.
There being no further business, the meeting was adjourned.
JEANN LEONCININI, Ci y Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/2/85 Page 6
1985