HomeMy WebLinkAboutCC Minutes 1987-02-17SRCC MINUTES (Regulai) 2/17/87 Page 1
In Conference Room 201 of the City of San Rafael, Tuesday, February 17,
1987 at 6:30 P.M.
Regular Meeting:
CLOSED SESSION:
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 87-4(a) - (#1) Richard Bishop & San Rafael Chrysler Dodge Inc.
vs. City of San Rafael. No. 87-4(b) - (#1) Linda & Albert Cordova
vs. City of San Rafael. No. 87-4(c) - (#2). No. 87-4(d) - (#2).
No. 87-4(e) - (#2). No. 87-4(f) - (#2). No. 87-4(g) - (#2). No.
87-4(h) - (#1) Marin Association of Public Employees vs. City of San
Rafael.
No action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 17,
1987 at 8:00 P.M.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Item
2.
3.
4.
5.
MR
7.
Approval of Minutes of Regular
Meeting of February 2, 1987 (CC)
Approval of Parcel Map - Bayview
Business Park, Phase I (PW) -
File 5-1-306 x 5-6-4 x 6-35
Resolution Designating Jerry R.
Russom Park (PW) -
File 9-3-66 x 12-5 x 9-1
Authorization to Apply to the
California Arts Council for Grant
to Support Falkirk Operations and
Programs (Lib./Cult.Affs.) -
File 4-10-209 x 9-3-84
Renewal of Memorandum of Under-
standing with Terra Linda Orca
Swim Club (Rec) - File 4-10-172
Resolution of Denial of Accept-
ance of Development Applications
for a 40 Unit Condominium Develop-
ment, Laurel Glen, 26 San Pablo
Avenue, AP 179-321-01 (Pl) -
File 10-6 x 115
Recommended Action
Approved as submitted.
RESOLUTION NO. 7491 - RESOLUTION
OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING PARCEL
MAP OF BAYVIEW BUSINESS PARK
(PHASE I)
RESOLUTION NO. 7492 - RESOLUTION
OF THE CITY COUNCIL OF SAN RAFAEL
DESIGNATING JERRY R. RUSSOM PARK
RESOLUTION NO. 7493 - RESOLUTION
OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING STAFF
TO APPLY TO THE CALIFORNIA ARTS
COUNCIL FOR A $20,000 GRANT TO
SUPPORT FALKIRK OPERATIONS AND
PROGRAMS
RESOLUTION NO. 7494 - RESOLUTION
AUTHORIZING THE SIGNING OF A
MEMORANDUM OF UNDERSTANDING WITH
TERRA LINDA ORCA SWIM CLUB (for
the 1987 season)
RESOLUTION NO. 7495 - RESOLUTION
OF THE SAN RAFAEL CITY COUNCIL
UPHOLDING STAFF'S DECISION NOT
TO ACCEPT APPLICATIONS FOR A 40
UNIT CONDOMINIUM DEVELOPMENT
(LAUREL GLEN) AT 26 SAN PABLO
AVENUE
SRCC MINUTES (Regular) 2/17/87 Page 1
SRCC MINUTES (Regul,r) 2/17/87 Page 2
9. Claims for Damages: Approved Insurance Consulting
Associates, Inc. recommendations
a. Louis & Albina Ratto (PW) - for denial of claims.
File 3-1-1191
b. Clarence & Gladys Swanson (PW) -
File 3-1-1192
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. REPORT ON PURCHASE OF POLICE PATROL VEHICLES THROUGH STATE OF
CALIFORNIA COOPERATIVE PURCHASING PROGRAM (GS) - File 9-3-30 x 9-3-12
Mayor Mulryan questioned the size of the patrol vehicles to be ordered,
noting it seemed the Police Department was purchasing larger cars
and asked how they relate to the full Highway Patrol size vehicles.
City Manager Nicolai responded that the cars in question are Chevrolet
Caprice models which are upper mid size cars and similar to what is
being used at the present time, and that the price to the State is
much better, given the way the vehicles must be outfitted.
RESOLUTION NO. 7496 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE ACQUISITION OF
MATERIALS, SUPPLIES, EQUIPMENT AND SERVICES
THROUGH THE STATE OF CALIFORNIA WHEN THE STATE
REPRESENTS THE LOWEST RESPONSIBLE BIDDER (6
Police patrol vehicles)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. PUBLIC HEARING - ED86-101; APPEAL OF PLANNING COMMISSION'S DECISION
OF JANUARY 13, 1987, TO UPHOLD ZONING ADMINISTRATOR'S DENIAL OF FREEZER
UNIT ADDITION; 615 FOURTH STREET; GELATO INC., OWNER; CHRIS
KYRIACOPOULOS, REP. & APPELLANT; AP 14-122-13 (Pl) - File 10-7 x 10-6
x 115
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated she had a modification to the staff
recommendation because of a phone call received late this afternoon
from the Environmental Health Department indicating there may be modi-
fication in their evaluation of the project. She noted that written
material was requested to be submitted to the Planning Department
if that is the case.
Ms. Moore referred to the staff report, stating the freezer in question
does not comply with health code provisions and if it were to comply,
it would have to be fully enclosed and attached to the existing building
which would trigger certain design and elimination of parking space
issues. However, because there may be new information, Ms. Moore
requested having the public hearing continued to the next meeting
of March 2, 1987, with the new information expected to be presented
to the Planning Department by the first of the next week.
Mayor Mulryan asked if anyone wished to address the issue.
Mr. Chris Kyriacopoulos, Owner of Gelato Inc. stated that at the
beginning he made the mistake of placing the freezer without a permit,
as he relied on the mechanics who moved the freezer from Petaluma
to San Rafael and indicated there was no problem with the installation.
He then stated that on Friday, Mr. David Hom, Supervisor, and Mr.
Low Chan, Inspector of the County Department of Health and Human Services
were at this store and approved the use of the freezer.
Ms. Moore interjected that she asked the Supervising Sanitarian to
submit something in writing because everything in writing received
thus far from the Health Department quotes several sections of the
health code that the freezer violates.
SRCC MINUTES (Regular) 2/17/87 Page 2
SRCC MINUTES (Regular) 2/17/87 Page 3
Mayor Mulryan asked Mr. Kyriacopoulos if he agreed to having the public
hearing continued to the next meeting in order to have additional
information from the Department of Health and Human Services submitted
to Council. Mr. Kyriacopoulos agreed.
There being no further comments, Mayor Mulryan continued the public
hearing to the meeting of March 2, 1987.
11. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - FIRE STATION NO. 6, 650
DEL GANADO ROAD (PW) - File 13-1-1 x 9-3-31
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated that the application is unique
in that the City Council is being asked to provide relief to one of
its own requirements. Currently, a building permit will be issued
for the renovation of the Fire House at 650 Del Ganado Road. In accord-
ance with State law, provision to make the bathroom accessible to
the physically handicapped is a requirement. Cost for remodeling
the bathroom would be approximately $7,300 which would add 10 percent
to the project. Mr. Bernardi stated that they have looked at the
total site including the Terra Linda Recreation Center and essentially
consider that as one facility. The Recreation Center is currently
being remodeled and all restrooms are being brought up to the handi-
capped accessibility standards, so they feel that the Recreation Center
would provide the access. In addition, the Fire House itself is for
the exclusive use of the Fire Department personnel. This has been
reviewed with the Marin Center for Independent Living and they agree
with staff's recommendation.
Mayor Mulryan asked if anyone wished to address the issue.
Hearing none, Mayor Mulryan closed the public hearing.
Councilmember Nave moved and Councilmember Breiner seconded, that
the City Council, sitting as the Board of Appeals, granted the appeal
based on the provision that a completely accessible toilet room would
represent an unreasonable hardship, and directed staff to prepare
an appropriate Resolution with Findings and bring said Resolution
back for adoption at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 1132
FOURTH STREET, SAN RAFAEL HEALTH FOODS - File 13-1-1
Public Works Director Bernardi stated that the applicant is remodeling
their kitchen to provide additional services and remodeling of the
bathrooms for handicapped access is required. The remodeling project
cost is approximately $8,000 and to have the bathroom remodeled would
cost between $7,000 - $9,000. Mr. Bernardi indicated they have not
heard from the Marin Center for Independent Living at this time, but
stated the project is consistent with waivers granted in the past
by them.
Mayor Mulryan asked if anyone wished to address the issue.
Hearing none, Mayor Mulryan closed the public hearing.
Councilmember Breiner moved and Councilmember Nave seconded, that
the City Council, sitting as the Board of Appeals, granted the appeal
based on the provision that a completely accessible toilet room would
represent an unreasonable hardship, and directed staff to prepare
an appropriate Resolution with Findings and bring said Resolution
back for adoption at the next meeting.
-AM'S: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 2/17/87 page 3
SRCC MINUTES (Regular) 2/17/87 Page 4
13. CONSIDERATION OF AMENDMENTS TO REGULATION OF USE OF PARK AND/OR
RECREATION FACILITIES: (Rec) - File 9-3-65/66 x 9-10-2
a. PROPOSAL TO CHANGE HOURS OF PARK USE
b. ESTABLISHMENT OF BAIL SCHEDULE FOR VIOLATIONS
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi recommended that park hours be listed
so the Police Department would be able to provide for better enforce-
ment. He also recommended that a bail schedule be adopted, adding
that currently there is none, and if approved, the bail schedule would
be forwarded to the Judicial Council of the Municipal Court of the
Central Judicial District of the County of Marin for their review
and approval. It was also noted that the Parks and Recreation Com-
mission has reviewed this item and recommended it to Council.
Recreation Director McNamee added that their concern about the hours
has to do with the changing of seasons, especially during the middle
of winter when parks are still open and available at 9:00 P.M. Ms.
McNamee stated that because of some problems and concerns from the
neighbors and the Police Department, a permit application would need
to be obtained for after-hours use. She indicated that the present
ordinance relating to hours states, "Parks closed from 9PM to 6AM"
year round.
Councilmember Frugoli expressed concern for people using the park
after hours on warm summer nights just to sit and talk, and felt that
the half-hour wording would preclude these people from the use of
the park. He suggested that the hours be changed to read "open one
hour before sunrise until one hour after sunset".
Ms. McNamee responded that the one-half hour vs. one hour was discussed
and the one-half hour was recommended by Police Chief Ingwersen, as
it corresponds with the State Vehicle Code's definition of darkness.
Chief Ingwersen also assured Councilmember Nave that the regulation
of hours would not be used to prevent people from responsibly using
the parks.
Mayor Mulryan asked if anyone wished to address this issue.
Hearing none, Mayor Mulryan closed the public hearing.
The title of the ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL
CODE SECTION 2.16.028(1) & (27) ENTITLED "REGULATION OF USE OF PARK
AND/OR RECREATION FACILITIES" OF CHAPTER 2.16 OF TITLE 2"
Councilmember Breiner moved and Councilmember 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. 1535 to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7497 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ESTABLISHING A BAIL SCHEDULE FOR
VIOLATIONS TO TITLE 2; CHAPTER 2.16, SECTION
2.16.028 REGULATION OF USE OF PARK AND/OR
RECREATION FACILITIES (to be affective in 60 days)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 2/17/87 Page 4
SRCC MINUTES (Regular) 2/17/87 Page 5
14. REPORT ON SHEEP GRAZING (PW) - File 4-10-158
Public Works Director Bernardi stated that sheep herder Don Mills
informed staff he would be leaving the grazing program this year.
Staff has had contact with another individual interested in running
sheep in open space. Mr. Bernardi noted that after review of the
program with this new person, staff will bring a report back to Council.
Mr. Bernardi indicated that there were about 1,400 sheep grazing under
Mr. Mills' supervision and added he would include in the report what
the maximum number of sheep would be in the event a new sheep herder
is found, due to neighbors' concerns.
Council accepted staff report, without motion.
15. COMMUNICATION FROM SUPERVISOR ROBERT ROUMIGUIERE, MARIN COUNTY BOARD
OF SUPERVISORS, CONCERNING LINCOLN AVENUE EXTENSION - File 11-16 x
11-15.1 x 9-3-40
Public Works Director Bernardi briefed Supervisor Roumiguiere's memo-
randum regarding the funding of the project, indicating that funding
for the bike path over California Park Hill in amount of $1 million
will be switched to this project to provide the CalTrans' match.
Other funding considerations have the City adding some FAU monies
and the County adding the remaining Urban Thoroughfare Funds to complete
the funding package. The total cost of all the work is estimated
to be $2.55 million.
He stated that Los Ranchitos Road will remain open until the exten-
sion is actually constructed, which is CalTrans' commitment made to
staff. Caltrans will do some work now to extend the HOV Lane in a
Southbound direction over the hill, adding this can be done with Los
Ranchitos Road remaining open at this time.
Council approved staff recommendation, without motion.
16. VACANCY ON CITY COUNCIL (CM) - File 9-1 x 9-4.1
a. RESOLUTION DECLARING VACANCY
RESOLUTION NO. 7498 - RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL
DECLARING THE ELECTIVE OFFICE OF COUNCILMEMBER
OF SAN RAFAEL VACANT EFFECTIVE FEBRUARY 2, 1987
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. DISCUSSION OF PROCESS FOR FILLING VACANCY
After discussion, Council approved calling for applications to fill
vacancy due to Councilmember Russom's death. The deadline is February
27, 1987 at 5:00 P.M. for receipt of applications in the City Clerk's
Office.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. CONSIDERATION OF APPOINTMENT OF COUNCILMEMBER AS: (CC)
a. MEMBER, CITY/SCHOOL LIAISON COMMITTEE - File 9-1
Councilmember Frugoli moved and Councilmember Nave seconded, and unani-
mously approved appointment of Councilmember Breiner as a member of
the City/School Liaison Committee.
b. DELEGATE, LEAGUE OF CALIFORNIA CITIES, REDWOOD EMPIRE DIVISION
File 9-11-1
Councilmember Frugoli moved and Councilmember Breiner seconded, and
unanimously approved appointment of Mayor Mulryan as delegate to the
League of California Cities, Redwood Empire Division, with Councilmember
Frugoli appointed as alternate.
SRCC MINUTES (Regular) 2/17/87 Page 5
SRCC MINUTES (Regula,) 2/17/87 Page 6
18. REPORT ON POLICY FOR DISBURSEMENT OF ASSETS AND FORFEITURES SEIZED
BY THE MAJOR CRIMES TASK FORCE (CM) - File 4-10-114 x 9-3-30
After discussion, Councilmember Breiner moved and Councilmember Nave
seconded, to approve the staff recommendation endorsing the proposed
policy for disbursement of assets and forfeitures seized by the Major
Crimes Task Force.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned.
A60--� A ' l
JEANNE -LEONCINI, C'ty Clerk
APPROVED THIS DAY OF 1987
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 2/17/87 Page 6