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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