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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 SRCC MINUTES (Regular) 12/2/85 Paqe 1 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 SRCC MINUTES (Regular) 12/2/85 Paqe 5 (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 SRCC MINUTES (Regular) 12/2/85 Page 6 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