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HomeMy WebLinkAboutCC Minutes 1987-03-16SRCC MINUTES (Regular) 3/16/87 Page 1 In Conference Room 201 of the City of San Rafael, Monday, March 16, 1987 at 7:00 P.M. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION & PERSONNEL - File 1.4.1.a 1. No. 87-6(a) - (#1) Judith Jediken vs. Pacific Gas & Electric Co., American Telephone & Telegraph Co., City of San Rafael, et al. No. 87-6(b) - (#2). No. 87-6(c) - (#2). No. 87-6(d) - (#2). No. 87-6(e) - (#2). No. 87-6(f) - (#2). No. 87-6(g) - (#4). No. 87-6(h) - (#2). No. 87-6(i) - (#6). No action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 16, 1987 AT 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Maynard H. Willms, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk ORAL COMMUNICATION OF AN URGENCY NATURE: CHILD CARE CENTER - BAHIA VISTA SCHOOL - File 9-2-1 x 4-7-17 (VERBAL) Mr. Mathew Painter of 129 Canal St. spoke on the closure of the child care center at Bahia Vista School as of June 30, 1987. He asked for continued Council support to keep the location of the child care center on the school site. Mr. Cliff Yates asked to have information on this matter sent to his home and asked Council to have this item on the next agenda for further dis- cussion, to which Mayor Mulryan agreed. 2. SPECIAL PRESENTATION - PRESENTATION OF AWARDS FOR TRANSIT POSTER CONTEST - BAHIA VISTA SCHOOL - File 102 x 9-2-1 John Rumsey, Assistant Civil Engineer - Traffic, stated that a poster contest was held at the Bahia Vista Elementary School which was jointly sponsored by the City of San Rafael and the Canal Community Alliance. Mr. Rumsey indicated that the posters were based on the SMART bus system and stated that for the last month bus usage had increased by 50 percent. He also brought attention to the posters displayed on the board and thanked Mayor Mulryan for his participation in the judging of the contest. Mayor Mulryan stated it was a difficult task for him to judge the contest because there were so many artistic posters submitted. He then presented award ribbons to the following students who were winners of the SMART Poster contest: First Grade: 1. Carlos Morales; 2. Cuong Ly (not present); 3. Stephanie Belair. Second Grade: 1. Jose Orellana; 2. Eliska Varek; 3. Julie Lu. Third Grade: 1. Jun Wha Lee; 2. Tabitha Gaffney; 3. Nader Soltanizad. Fourth Grade: 1. Mai Nguyen (moved, not present). 2. Chanh Nguyen; 3. Scott Maclean. Fifth Grade: 1. Trevor Hewitt; 2. Ronnie Moore; 3. Star Forward. SRCC MINUTES (Regular) 3/16/87 Page 1 SRCC MINUTES (Regular) 3/16/87 Page 2 CONSENT CALENDAR Item Recommended Action 4. Acceptance of Grant Deed to Place RESOLUTION NO. 7504 - RESOLUTION Open Space Covenant on Wetlands ACCEPTING CONVEYANCE OF REAL PROP - Parcel at Pelican Way (PW) - ERTY AND PRESERVATION COVENANT - File 2-5-23 x 6-35 x 13-14-1 KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL CALIFORNIA (AT THE END OF PELICAN WAY) 6. Approval of Final Map - Peacock RESOLUTION NO. 7505 - RESOLUTION Ridge (60 Condominium Subdivision) APPROVING FINAL MAP OF SUBDIVISION (PW) - File 5-1-307 ENTITLED, "PEACOCK RIDGE" 8. Acceptance of Documents Executed By Newly Appointed Councilmember Maynard Willms: (CC) a. Affirmation of Confidentiality of Closed Sessions - File 9-1-2 b. Statement of Disclosure - File 9-4-3 9. Request Approval for the Partial Closure of Civic Center Drive from 9:00 AM to 5:00 PM on Sunday, April 12, 1987 for the Twelfth Annual Bicycle Race by the Marin Velodrome Association (PD) - File 11-19 12. Legislation Affecting San Rafael (CM) - File 9-1 13. Claims for Damages: b. Jeffrey Robbins (PD) - File 3-1-1195 c. Tubguy dba Realax in Fairfax & Realax at Home (PD) - File 3-1-1196 d. Ellen Wright (PW) - File 3-1-1198 e. Adela M. Mangabot (PW) - File 3-1-1199 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Accepted reports. Approved staff recommendation. Approved staff recommendation: OPPOSED AB 808 (Floyd) Discipline of Public Safety Officers: Standards of Proof. Approved Insurance Consulting Associates, Inc. recommendations for denial of claims with exception of 13.a to be discussed after Consent Calendar. Frugoli, Nave, Willms & Mayor Mulryan 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 MINUTES (Regular) 3/16/87 Page 3 Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the Minutes of the Special Joint Meeting with the San Rafael Board of Education of January 27, 1987 and Special Meeting of March 2, 1987 as submitted, and approve the Minutes of the Regular Council Meeting of March 2, 1987, as amended. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. AUTHORIZATION TO ENGAGE BARNARD JOHNSON, INC. FOR TRAFFIC SIGNAL DESIGN SERVICES (PW) - File 4-3-179 x 11-10 x 9-3-40 Councilmember Breiner stated that she had no problem with the recom- mendation made by staff, but requested staff to study the Mitchell and Redwood Highway intersection and if found to be warranted, to add it to the study for Traffic Signal Design. Mrs. Breiner also directed staff to look at the Level of Service at Grand Street Bridge at Second Street. Councilmember Breiner moved and Councilmember Nave seconded, to approve the staff recommendation, authorizing staff to accept the proposal submitted by Barnard C. Johnson, Inc. for Traffic Signal Design Services. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. APPROVAL OF AGREEMENT FOR SHEEP GRAZING (PW) - File 4-10-212 Councilmember Breiner was concerned with the number of sheep grazing the open space affecting the wildflowers and asked if Mrs. Jean Stark - weather could be included in the monitoring of the grazing area. After discussion, Councilmember Nave moved and Councilmember Frugoli seconded, to adopt a Resolution Authorizing Signing of Agreement with John Bidauretta and Leon Urrutia for the grazing of sheep in Terra Open Space Lands, and that Councilmember Willms work with Mrs. Jean Starkweather on monitoring the sheep grazing. RESOLUTION NO. 7506 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH JOHN BIDAURETTA AND LEON URRUTIA FOR THE GRAZING OF SHEEP IN TERRA LINDA OPEN SPACE LANDS (for one year, from March 16, 1987 thru March 15, 1988) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. RESOLUTION GRANTING CITY MANAGER AUTHORITY TO SETTLE SEWER LIABILITY CLAIMS UP TO $5,000 (CM) - File 9-6-1 x 9-1-2 Councilmember Breiner asked City Manager Nicolai to keep Council apprised of actions taken. City Manager Nicolai responded she would have a report included on the Consent Calendar after any acton has been taken. RESOLUTION NO. 7507 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL GRANTING THE CITY MANAGER AUTHORITY TO SETTLE SEWER LIABILITY CLAIMS UP TO $5,000.00 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 3/16/87 Page 3 SRCC MINUTES (Regular) 3/16/87 Page 4 11. RESOLUTION DECLARING WEEK OF MAY 11 - 17, 1987 AS "AFFORDABLE HOUSING WEEK" (CM) - File 13-16 Mr. Gregory Brockbank, Chair for "Affordable Housing Week", invited the Council to attend the various seminars and tours on Saturday, May 16, 1987. RESOLUTION NO. 7508 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING MAY 11 THROUGH 17, 1987 TO BE "AFFORDABLE HOUSING WEEK" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13.a. CLAIM FOR DAMAGES: JILL LOUISE COLLINS (PD) - File 3-1-1190 Mayor Mulryan called upon Mr. Paul Miller, who was to speak on behalf of Jill Louise Collins. No one came forward to speak. Councilmember Willms moved and Councilmember Frugoli seconded, to approve Insurance Consulting Associates, Inc. recommendation to deny the claim. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. 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 115 Mayor Mulryan declared the public hearing opened. Mayor Mulryan announced that staff was again requesting continuation to the meeting of April 6, 1987. Hearing no opposition, Mayor Mulryan continued the public hearing to April 6, 1987. 15. PUBLIC HEARING - CONSIDERATION OF PROPOSAL TO INCREASE TAXI RATES WITHIN THE CITY OF SAN RAFAEL (Fin) - File 9-10-2 x 9-9 Mayor Mulryan declared the public hearing opened. Finance Director Coleman stated the Yellow Cab and Radio Cab Companies have requested a rate increase and that the last increase was granted in 1982. He noted that in surveying other cities in the Bay Area and reviewing financial statements submitted by various taxicab companies, the requested rate was found to be the highest. Staff recommended a rate increase of $1.60 for meter drop and $1.60 per mile. He added that Radio Cab is in agreement with the recommenda- tion, but that Yellow Cab is requesting that a $1.90 meter drop and $1.60 per mile increase be granted. Mr. Coleman noted that the proposed Resolution provides that all future rates may be approved by the Finance Director based on the change in the Bay Area All Urban Consumer Price Index (CPI). Any increase in excess of the CIP will continue to need Council approval. Mayor Mulryan called upon anyone wishing to speak on this item. Mr. Dick Murdock, driver with the Yellow Cab Company for six years stated that he was not in favor of the $1.60 increase and asked that Council grant approval of the higher proposal dated November 16, 1986 with an addendum of automatic adjustments as described within it. Mr. Tad Alvord, General Partner of Radio Cab Company stated that the he was in agreement with the recommendation made by Finance Director Coleman. SRCC MINUTES (Regular) 3/16/87 Page 4 SRCC MINUTES (Regular) 3/16/87 Page 5 Mr. Grey Homan, President of San Rafael Taxicabs (Yellow Cab Co.), stated that the higher rate increase they are asking for is needed. There being no other speakers, Mayor Mulryan closed the public hearing. After further discussion, Councilmember Frugoli moved and Councilmember Nave seconded, to adopt a Resolution Establishing Rates for San Rafael Taxicabs, Inc. and Radio Cab Company as recommended by the staff. RESOLUTION NO. 7509 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING RATES FOR SAN RAFAEL TAXICABS, INC. AND RADIO CAB COMPANY (Effective MARCH 17, 1987) (Council to be advised by staff of the Consumer Price Index on a yearly basis) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. DISCUSSION OF REQUEST TO REMOVE WATER HYACINTHS FROM CITY -OWNED POND ADJACENT TO SMITH RANCH ROAD (PW) - File 9-3-40 x 13-12 Public Works Director Bernardi stated that over the last few years a problem has developed with the fresh water pond which is adjacent to the Smith Ranch Road, noting that the pond was acquired through the sub -division of the land known as Smith Ranch North. Last year, staff met with Ms. Barbara Salzman of the Marin Audubon Society to work on a plan for the Marin Conservation Corps to remove some of the water hyacinths; however, although it helped somewhat it was not resolved and the City is being requested to completely eradicate the plants. Mr. Bernardi explained that the plant grows rapidly, ultimately eliminating the fish life and affecting the wildlife around the pond. Staff met with Ms. Salzman, Mrs. Jean Starkweather, State Fish and Game representatives, Marin Conservation Corps and the Mosquito Abatement District to look at alternatives to deal with the problem. He indicated that the Marin Audubon Society wants the problem taken care of quickly because of the threat to the pond itself. Several ways were considered in preparing an eradication plan, as follows: 1. Drain the pond and remove the plants and soil. 2. Use chemicals. 3. Adopt a management plan similar to our integrated pest management program currently in use for the Elm Leaf Beetle. 4. Mechanically remove the plants and monitor on a yearly basis. Mr. Bernardi stated that alternative number four is the viable choice and estimated that it would cost $12,300. Contributions in the amount of $2,100 would come from the Marin Audubon Society leaving a balance of approximately $10,000 to be funded by the City. Additionally, annual maintenance would be required for about two years and that amount would be approximately $3,000 per year. In response to an inquiry by Councilmember Breiner whether monies could be donated by the Mosquito Abatement District, Mr. Charles Dill, Manager of the Marin/Sonoma Mosquito Abatement District responded that the responsibility to clean the pond is the City's and not theirs. However, he noted they are willing to contribute staff and a truck to help get the plants out, adding that this is the most desirable time of year to have the plants removed. Ms. Salzman mentioned that several letters had been written about having the water hyacinths eliminated and read in part a letter from the Department of Fish and Game stating they had inspected the pond and that the water hyacinths would be detrimental to the fish and wildlife resources. She added that six people have been working on the pond, contributing about 1,000 hours in trying to remove the water hyacinths, and urged Council to immediately take action to remove the plants. SRCC MINUTES (Regular) 3/16/87 Page 5 SRCC MINUTES (Regular) 3/16/87 Page 6 Mr. Alex McMillan, representing the Marin County Wildlife and Fisheries Advisory Committee, stated they would contribute $700 towards the pond at Smith Ranch Road for the elimination of the water hyacinths. Mrs. Jean Starkweather stated this pond is one of the very few fresh water ponds in the County of Marin and should be preserved. After further discussion, Councilmember Breiner moved and Councilmember Willms seconded, that staff have the water hyacinths mechanically removed with the aid of the Marin/Sonoma Mosquito Abatement District; the approximate cost to the City would be $8,400 and is to be partially offset by $2,100 from Marin Audubon Society and $700 from Marin Wildlife and Fisheries Advisory Committee. AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None Councilmember Frugoli indicated he was opposed to this solution as he believes this will be an ongoing problem with funds for maintenance required every year and felt the pond should be drained instead in order to clean it. Mr. John Bodel with the Marin Audubon Society stated that they are trying to preserve a natural habitat and have pledged their support to keep the water hyacinths out of the pond once the City has eliminated the plants. Councilmember Nave wanted it known that he was voting for the removal of the plants with the understanding that the Marin Audubon Society and the Mosquito Abatement District would maintain the pond because he was against having the City pay out $3,000 each year to keep the plants out of the pond should they return. ADD ITEM Councilmember Breiner requested that discussion be held on the 4 foot encroachment of the Davood Building staircase into Irwin Street, as she had just learned of the problem and believed it to be a matter for discussion by the Council at this time. Upon the advice of City Attorney Ragghianti, who indicated he believed this fell within the Brown Act open meeting agenda exceptions due to the fact the matter arose after the agenda was posted and could be discussed based on an affirmative vote of two-thirds of the Council, the following motion was made: Councilmember Frugoli moved and Councilmember Willms seconded, to allow for discussion regarding a four foot encroachment of the Davood Building staircase onto the Irwin Street sidewalk. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RE: FOUR FOOT ENCROACHMENT OF DAVOOD BUILDING STAIRCASE INTO IRWIN STREET SIDEWALK - File 10-2 x 9-1 Councilmember Breiner voiced her concern about the four foot encroachment of the Davood Building staircase into the Irwin Street sidewalk, having read about it in the Design Review Board Minutes of March 4, 1987, and asked Planning Director Moore whether there was any problem with setback on the rest of the property. Planning Director Moore indicated there were no other setback problems besides the staircase, noting that evidently, all of the other Planning and Public Works conditions of approval have been met. SRCC MINUTES (Regular) 3/16/87 Page 6 SRCC MINUTES (Regular) 3/16/87 Page 7 She stated this came about because the finished grade elevation of the pad was higher than originally anticipated, but the issue of encroachment and setback was very important for two reasons: The setback was a major design issue at the time the project was being reviewed and the sidewalk which the stairway encroaches into was required as part of the settlement agreement with State Lands Commission to clear the State Lands claim on the property, because that is the way for the public to get to the rear of that property and all of the other properties and to access the Canal. In response to a question from Mayor Mulryan whether this issue will be coming to the City Council, Planning Director Moore indicated that the problem of the encroachment would be going back to the Design Review Board for modification of design and then on to the Planning Commission for approval, noting that the developer was being very cooperative about correcting the problem. Councilmember Breiner asked that staff look into ways of making sure something like this does not happen on future projects. There being no further business, the meeting was adjourned back to closed session. JEANNE . LEONCINI,•Cit Clerk APPROVED THIS DAY OF 1987 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINTUES (Regular) 3/16/87 Page 7