HomeMy WebLinkAboutCC Minutes 1987-03-02SRCC MINUTES (Regular) 3/2/87 Page 1
In Conference Room 201 of the City of San Rafael, Monday, March 2, 1987 at
7:00 P.M.
Regular Meeting:
CLOSED SESSION:
CLOSED SESSION TO DISCUSS LITIGATION AND PROPERTY ACQUISITION - File 1.4.1.a
1. No. 87-5(a) - (#1) City of San Rafael v. Sanitary District No. 1 of
Marin County.
No. 87-5(b) - (#2).
No. 87-5(c) - (#5) 1099 "D" Street, San Rafael - Mr. Neal Rogers of
Alpha, Heath, Rogers Trust.
No action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 2, 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
14. REPORT ON FILLING VACANCY ON CITY COUNCIL (CC) - File 9-1 x 9-3-14
x 9-3-16 (Item taken out of order)
Mayor Mulryan announced the appointment at an earlier special meeting
of Mr. Maynard Willms to fill the vacancy on the City Council due
to the death of Councilmember Jerry R. Russom, who passed away February
2, 1987, until the election of November 3, 1987.
Mr. Willms was then sworn into office by City Clerk Leoncini.
City Attorney Ragghianti indicated Councilmember Willms could partici-
pate in New Business items only.
CONSENT CALENDAR
2. Approval of Minutes of Regular
Meeting of February 17, 1987 (CC)
3.
4.
Report on Bid Opening and Award
of Contract - Second Street
Improvements (PW) - File 4-10-66
x 9-3-40
Resolution of Findings - Appeal of
Handicapped Access Requirements
at Fire Station No. 6, 650 Del
Ganado Road (PW) - File 13-1-1
RECOMMENDED ACTION
Approved as submitted.
RESOLUTION NO. 7499 - RESOLUTION
OF AWARD OF CONTRACT FOR SECOND
STREET IMPROVEMENTS (To Valentine
Corporation, low bidder in amount
$71,377, and authorizing transfer
of $912.70 in Gas Tax Funds to
this Project from the Street
Resurfacing Account)
RESOLUTION NO. 7500 - RESOLUTION
OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL (IN ITS CAPACITY
AS BOARD OF APPEALS) GRANTING
APPEAL FROM STATE ACCESS REQUIRE-
MENTS - 650 DEL GANADO ROAD
SRCC MINUTES (Regular) 3/2/87 Page 1
SRCC MINUTES (Regular) 3/2/87 Page 2
5. Resolution of Findings - Appeal of RESOLUTION NO. 7501 - RESOLUTION
Handicapped Access Requirements OF THE CITY COUNCIL OF THE CITY
at 1132 Fourth Street (San OF SAN RAFAEL (IN ITS CAPACITY
Rafael Health Foods) (PW) - AS BOARD OF APPEALS) GRANTING
File 13-1-1 APPEAL FROM STATE ACCESS REQUIRE-
MENTS - 1132 FOURTH STREET
6. Acceptance of Grant of Pedestrian
Access Easement Over Stewart
Road (PW) - File 2-5-22
7. Call for Applications Due to
Expiration of Term of Fire
Commissioner Jeremiah Sweeney -
(CC) - File 9-2-5
8. Authorization to Apply for and
Receive $500 Matching Grant
from the National Endowment for
the Humanities to Establish a
Bicentennial Bookshelf in the
Library (Lib) - File 202
x 9-3-61
9. Resolution Proclaiming Week of
March 8 - 14, 1987 as Women's
History Week (CM) - File 110 x
9-3-11
RESOLUTION NO. 7502 - RESOLUTION
OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ACCEPTING CONVEY-
ANCE OF EASEMENT FOR PEDESTRIAN
ACCESS PURPOSES OVER STEWART ROAD
(from Thomas Untermann & Merrie
Untermann)
Approved staff recommendation:
a) Called for applications with
deadline for receipt on Tuesday
March 24, 1987 at 12:00 Noon in
the City Clerk's Office, Room
209, City Hall; b) Interviews
to be held on Monday, April 6,
1987 at 6:45 P.M. in Conference
Room 201 to fill four year term
to end of March 1991.
Approved staff recommendation,
with matching funds to come from
Friends of the San Rafael Public
Library.
RESOLUTION NO. 7503 - RESOLUTION
OF THE CITY COUNCIL OF THE CITY
SAN RAFAEL PROCLAIMING THE WEEK
OF MARCH 8 - 14, 1987 AS WOMEN'S
HISTORY WEEK
10. Request for Approval of Community Accepted staff report and
Development Block Grant (CDBG) authorized staff to submit grant
Proposals (CM) - File 147 x proposals for 1987-88 Community
9-3-11 Development Block Grant funding.
12. Claims for Damages:
a. Michael Williams (PD) -
File 3-1-1194
b. Larry Bishop (PW) -
File 3-1-1200
Approved City Attorney's
recommendations for denial of
claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Mayor Mulryan asked why staff was not recommending Council support
SB 269 (Kopp) Toxic Chemicals: Discharges:
In response, Administrative Assistant Harry stated that this Senate
Bill would require State, Local and Federal governments, including
local districts, to adhere to Proposition 65, the Safe Drinking Water
and Toxic Enforcement Act of 1986. He indicated the Bill attempts
to have a complete, encompassing toxic waste enforcement program within
the State, but allows a number of programs to slip through. He also
noted that the State has not enforced this proposition because a program
has not as yet been developed. He added that the League of California
Cities staff opposes this bill because State staff need time to imple-
ment Proposition 65 on private businesses, who produce 90 percent
of the hazardous waste in the State.
SRCC MINUTES (Regular) 3/2/87 Page 2
SRCC MINUTES (Regular) 3/2/87 Page 3
After discussion, Councilmember Frugoli moved and Councilmember Nave
seconded, to approve staff recommendations as follows:
Support SB 100 (Lockyer) Bikeway: San Francisco Bay.
Support SB 181 (Keene) California Library Construction & Renovation
Bond Act of 1988.
Oppose SB 269 (Kopp) Toxic Chemicals: Discharges.
Support SB 23 (Bergeson) Tort Liability: Immunity
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. 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 (P1) - File 10-6 x 115
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated they received a letter from the Marin
County Health Department informing them that the Appellant can satisfy
their earlier concerns. However, she indicated there are two other
bases for the Zoning Administrator's and Planning Commission's actions
denying appeal which affect the on-site parking and lack of an environ-
mental design review compliance. She related to the unauthorized
installation of the freezer without benefit of health, planning or
building permits, which eliminated two of the five on-site required
parking spaces. Planning realizes that customers would be on foot,
but argue that the use is zoned to include parking. Ms. Moore men-
tioned that it would be difficult to dress up the freezer design in
relation to the existing structure, citing this is also important
because of the attention focused on beautification at the end of Fourth
Street. She indicated had the Health Department violation not come
before the Zoning Administrator and Planning Commission, their action
would not have been different, and they also question the need for
that type of eating establishment having such a large size freezer.
Mayor Mulryan called upon anyone wishing to speak on the item.
There being no speakers and after further discussion, Mayor Mulryan
continued the public hearing to either March 16th or April 6, 1987,
so staff would have time to investigate the possibility of working
out parking arrangements with the Appellant and relocating the freezer
unit.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1535, AN ORDINANCE
OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTION
2.16.028 (1) AND (27) ENTITLED "REGULATION OF USE OF PARK AND/OR REC-
REATION FACILITIES" OF CHAPTER 2.16 OF TITLE 2 (Rec) - File 9-3-65/66
x 9-10-2
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) AND (27) ENTITLED "REGULATION OF USE OF PARK
AND/OR RECREATION FACILITIES" OF CHAPTER 2.16 OF TITLE 2"
Councilmember Frugoli moved and Councilmember Breiner seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1535 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 3/2/87 Page 3
SRCC MINUTES (Regular) 3/2/87 Page 4
16. STATUS REPORT ON OPEN SPACE MANAGEMENT (PW) - File 13-14-1
City Manager Nicolai indicated that staff has been working on an Open
Space Management Plan; however, there are ongoing debates between
the City and the County as to what the intent or purpose of open space
is, which eventually will bring forth a management plan and various
policies.
In 1976, a Joint Powers Agreement was entered into between the City
of San Rafael, County of Marin and the Marin County Open Space District.
The Open Space District was to pay the City $7.50 per acre per year
for maintenance, amounting to about $5,000 per year. However, at
some point the County felt the City was not living up to their part
of the agreement and payments ceased. To date, the amount has increased
to $42 per acre which would entitle the City to reimbursement of approx-
imately one half of that amount.
In a meeting between County and City personnel, discussions were held
on various trailheads being clearly marked so the public could have
access to them more readily but motorized vehicles would be prohibited.
Ms. Nicolai noted there is concern with the impact made on Police
and Fire personnel in managing the increased number of people who
will be using the open space area, indicating that presently, neighbor-
hoods police open space for the City and inform staff when problems
arise. She indicated that City staff plan to meet again with the
County to see if they can come up with a policy that is agreeable
to all parties.
In addition, Ms. Nicolai suggested the City should isolate the amount
of monies being spent on open space from the budget because of the
use of a half-time police officer who patrols the open space, indicating
that the use of the police officer is not credited to open space because
it is not currently designated in the budget.
After discussion, Council agreed that staff should continue working
with the County of Marin regarding funding.
Mrs. Jean Starkweather of 612 Las Colindas Road in Terra Linda asked
the City to continue having discussions with the County, and suggested
having a presentation by the County Open Space District to learn what
their open space policies are.
Elliot Bien, Attorney, spoke on the physical maintenance of the open
space, stating that this also should be discussed.
Mrs. Joyce Rifkind of 11 Laurelwood Court, stated that she participated
in a City tour of the open space last year and urged the City to join
in with the County to come to some agreement on open space. She men-
tioned that many people living around open space do not know they
can walk through the area, and hoped that funds would be available
to provide signs, trailmarkers and perhaps a mapping system in conjunc-
tion with the County trailmaps.
Council accepted the staff report, without motion.
17. DISCUSSION OF TEMPORARY CLOSURE OF THE GOLDEN GATE BRIDGE FOR THE
50TH ANNIVERSARY CELEBRATION WALK - File 112-2
Councilmember Breiner voiced her concerns with the closing of the
n itP Bridge. stat i na that it wnu 1 d have an i mnant +H- --'
3. APPROVAL OF MINUTES OF SPECIAL JOINT MEETING WITH SAN RAFAEL BOARD
OF EDUCATION OF JANUARY 27, 1987 AND SPECIAL AND REGULAR MEETINGS
OF MARCH 2, 1987 (CC) - File 1-4
Councilmember Frugoli asked that the Minutes of the Regular Council
Meeting of March 2, 1987, Item #17, be amended to include his opposi-
tion to the closing of the Golden Gate Bridge for the celebration
of the bridge's 50th party in May.
SRCC MINUTES (Regular) 3/16/87 Page 2
SRCC M!'N4UTES (Regular, 3/2/87 Page 5
City Manager Nicolai mentioned that in speaking with Police Chief
Ingwersen, there is a possiblity that the bridge will be closed from
12:Noon until 9:30 PM. She suggested that with traffic being diverted
going across Highway 580, and in the absence of having the diversion
done at a reasonable time to minimize the traffic impact, that the
City bill the Bridge District for staff that will be needed on that
day.
After further discussion, staff was directed to write a letter to
the Bridge District citing the concerns of San Rafael including the
financial burden brought upon the City and requesting that a reimburse-
ment be made should additional staff be necessary. The letter will
be sent to the Bridge District before they meet on March 13th to discuss
final plans for the closing of the bridge.
18. STATUS REPORT ON THE SOLID WASTE MANAGEMENT PLAN (Pl) - File 13-2
Councilmember Breiner stated that it is critical that the City contact
the Marin County Board of Supervisors to inform them that the issue
of a disposal site in the Solid Waste Management Plan needs immediate
attention. She cited if this is not done, a crisis situation will
arise causing rates to be "sky high" and that it will take time to
find an acceptable site for the disposal of garbage.
Councilmember Breiner moved and Councilmember Nave seconded, to have
staff write a letter to the Marin County Board of Supervisors urging
them to appoint a consultant and that action be taken in a timely
manner to do a study on alternate land fill sites.
(Councilmember Willms was seated on Council and participated in New
Business action).
19. CONSIDERATION OF SISTER CITY AFFILIATION WITH FALKIRK, SCOTLAND
(CM) - File 128
Mayor Mulryan informed Council he had received a letter from Mrs.
Alice Dollar Hayden, granddaughter of Robert Dollar, suggesting that
San Rafael establish Sister City ties with Falkirk, Scotland. He
noted that Mrs. Hayden's grandfather, Robert Dollar, was born in Falkirk,
Scotland and for many years lived on the San Rafael estate he called
Falkirk which is now one of the City's unique and special attractions.
Mr. Curt Hayden, son of Alice Dollar Hayden and great-grandson of
Robert Dollar, spoke on behalf of his mother who was in the audience,
indicating she was anxious to have Falkirk, Scotland be a Sister City
to San Rafael.
Mrs. Marianne Christofsen, representing the St. Andrews Society spoke
on the emphasis of their Spanish background as well as the Scot and
Irish peoples, adding that being a Sister City to Falkirk, Scotland
would be a happy dimension to the cultural life in San Rafael.
After discussion, Councilmember Willms moved and Councilmember Breiner
seconded, to approve staff recommendation endorsing the idea of Sister
City affiliation with Falkirk, Scotland and referring the matter to
the Cultural Affairs Commission to develop the idea, gather information,
and report back to Council with a recommendation.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council conceptually endorsed the Sister Cities International affilia-
tion as well.
There being no further business, the meeting was adjourned.
JEANXV M. LEONCINI, ity Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
1987
SRCC MINUTES (Regular) 3/2/87 page 5