HomeMy WebLinkAboutCC Minutes 1987-08-03SRCC MINUTES (Regular) 8/3/87 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 3, 1987
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 87-15 (a) - (#1) Albert E. Cordova, Linda L. Cordova and Winmore Develop-
ment Company vs. City of San Rafael.
No. 87-15(b) - (#2).
No reportable action was taken.
No. 87-15(c) - (#7); Item not discussed.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 3, 1987
AT 8:00 PM.
CONSENT CALENDAR
Item
2. Approval of Minutes of Regular
Meeting of July 20, 1987 (CC)
4. Resolution Granting Appeal of
Administrative Decision Not to
Accept Development Application
for 1555 Francisco Boulevard,
Robert Nolan, Appellant (Pl) -
File 115
5.
No
FA
0
Resolution Upholding Planning
Commission Decision to Require
a Focused Environmental Impact
Report for Seven Lot Subdivision;
Meyer Road at the End of "C"
Street; Armand Locke, Owner; David
Berman, Rep.; Perry D. Litchfield,
(AP 12-291-16 & 17)
(Pl) - File 10-8
Resolution Upholding Planning
Commission Denial of Exception
to an Adopted Sign Program; 530
Francisco Boulevard West;
McPhail's, Inc., Owner, Active
Sign Co.; Rep.; Ortho Mattress,
Appellant, AP 13-051-06 (Pl) -
File 10-11
Bid Opening and Award of Contract,
Street Resurfacing - 1987, Project
No. 006-40696108000 (PW) -
File 4-1-410
Resolution Appropriating $19,000
from Davidson Bequest for Library
Book Budget (FY 87-88) (Lib) -
File 8-20 x 9-3-61
10. Request for Approval of Assignment
of Smith Ranch Hills Development
Agreement (CM) - File 5-1-290
Recommended Action
Minutes approved as submitted.
RESOLUTION NO. 7583 - GRANTING
APPEAL OF ADMINISTRATIVE DECISION
NOT TO ACCEPT DEVELOPMENT APPLICA-
TION FOR 1555 FRANCISCO BOULEVARD
RESOLUTION NO. 7584 - DENYING
AN APPEAL AND UPHOLDING THE PLANNING
COMMISSION'S DECISION TO REQUIRE
A FOCUSED ENVIRONMENTAL IMPACT
REPORT FOR THE PROPOSED MEYER
ROAD SEVEN LOT SUBDIVISION, MEYER
ROAD AT THE END OF "C" STREET
(AP 12-291-16 & 17)
RESOLUTION NO. 7585 - DENYING
AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF EXCEPTIONS
TO AN ADOPTED SIGN PROGRAM AT
530 FRANCISCO BOULEVARD WEST
RESOLUTION NO. 7586 - AWARD OF
CONTRACT FOR STREET RESURFACING
- 1987 (To W.K. McLellan Co.,
low bidder, in amount of $817,704.00).
RESOLUTION NO. 7587 - APPROPRIATING
$19,000 FROM THE DAVIDSON BEQUEST
FOR THE LIBRARY BOOK BUDGET, FISCAL
YEAR 1987-88
RESOLUTION NO. 7588 - AUTHORIZING
THE SIGNING OF A CONSENT TO
ASSIGNMENT OF DEVELOPMENT AGREEMENT
(Re Smith Ranch Hills from Lewis
W. Douglas, Jr. and Smith Ranch
Corp. to Tishman Speyer Mediq
Marin Limited Partnership)
SRCC MINUTES (Regular) 8/3/87 Pgae 1
SRCC MINUTES (Regular) 8/3/87 Page 2
11. Resolution of Appreciation for
Suzan Davis, Executive Director,
San Rafael Chamber of Commerce
(CM) - File 102 x 119
12. Annual Report on Committee on
Aging - File 199
13. Claim for Damages:
Shirley Broley (PW) -
File 3-1-1239
14. REQUEST FOR LEAVE TO PRESENT
LATE CLAIM:
Travelers Transit (PW) -
File 3-1-1264
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 7589 - RESOLUTION
OF APPRECIATION TO SUZAN DAVIS
Accepted report presented by
Anna K. Stern, R.N., N.S.,
Commissioner, San Rafael (City's
Representative)
Approved Insurance Consulting
Associates, Inc. recommendation
for denial of claim.
Approved City Attorney's recommend-
ation to deny the request for
leave to present late claim.
Nave, Willms & Mayor Mulryan
3. RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF DESIGN
REVIEW AMENDMENT TO THE SUMMERHILL TOWNHOUSE PROJECT REQUESTING A
CHANGE IN THE EXTERIOR BUILDING MATERIAL FROM CEDAR TO MASONITE; 211
LOS RANCHITOS ROAD; KUYKENDALL AND CHATHAM, OWNERS AND APPELLANTS:
AP 175-060-64 & 65 (Pl) - File 5-1-304 x 10-7
Councilmember Breiner stated she wanted it on record, that she was
voting "No" on this item.
Councilmember Nave moved and Councilmember Willms seconded, to adopt
Resolution.
RESOLUTION NO. 7590 - RESOLUTION UPHOLDING AN APPEAL AND DENYING THE
PLANNING COMMISSION'S DECISION TO REQUIRE NATURAL
CEDAR SIDING FOR THE EXTERIOR BUILDING MATERIALS
AT SUMMERHILL TOWNHOUSE/PATIO HOME DEVELOPMENT
211 LOS RANCHITOS ROAD
AYES: COUNCILMEMBERS: Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Frugoli
8. RESOLUTION AUTHORIZING EXECUTION OF LICENSE CONCERNING MUELLER/NOLTE
PROPERTIES END OF RIDGEWOOD DRIVE (RE OPEN SPACE ACQUISITION)
(PW) - File 2-1-75 x 13-14-1
Mayor Mulryan and Councilmember Breiner were both concerned regarding
the License for 20 years' specified use relating to the purchase of
open space lands and directed City Attorney Ragghianti to have the
License agreement rewritten to include a "hold harmless" clause regarding
any activities performed on the property, with the item to be brought
back to Council at the meeting of August 17, 1987.
15. PRESENTATION OF RESOLUTION OF APPRECIATION TO SUZAN DAVIS, EXECUTIVE
DIRECTOR OF SAN RAFAEL CHAMBER OF COMMERCE - File 102 x 119
Mayor Mulryan presented Susan Davis with the Resolution of Appreciation
for her service as Executive Director of the San Rafael Chamber of
Commerce for nearly two years, commending her for her tireless effort
in promoting the San Rafael Business Community.
Mayor Mulryan advised the audience that a reception would be held
for Mrs. Davis after the adjournment of the meeting.
SRCC MINUTES (Regular) 8/3/87 Page 2
SRCC MINUTES (Regular) 8/3/87 Page 3
16. STATUS REPORT ON OAKWOOD SUBDIVISION (PW) - File 5-1-244 x 9-3-40
Public Works Director Bernardi stated staff met with Mr. Harry Winters,
President of West End Neighborhood Association and his neighbors on
their concerns regarding the Oakwood Subdivision.
In response to Mayor Mulryan's concern about staff taking care of
construction workers beginning work before 7:00 AM and ending work
hours, Mr. Bernardi replied there have been some "renegade" subcontractors
who need to be reminded, adding the Police Department has assisted
by talking to them when necessary.
At the request of Councilmember Breiner with Council concurrence,
staff was directed to issue a "stop work" order on the project because
of construction workers starting work in the early morning hours prior
to 7:00 AM, which is in violation of the City's Noise Ordinance, should
this happen again. Mrs. Breiner added that the City has been overly
patient and the noise problem should not continue.
Councilmember Breiner also referred to the Fire Roads, and suggested
that the Risk Management Committee review the recommendation.
Mr. Harry Winters spoke on the following items:
Grading has covered remaining trees with two feet of dirt, and
suggested staff have an arborist look at the remaining prime
trees on lots 30, 31 & 32.
The City should have a Noise Control Policy on construction proce-
dures.
That vehicle barriers be placed not only at the end of the improved
roads, but also at the upper end of Clorinda and end of Upper
Toyon beyond the last house.
Drainage has changed the grading at the Spring Grove extension.
When there are heavy rains, water covers the entire street, adding
that a 24 inch drain will not handle the run-off; mentioned again
that an additional 50 feet of curb or berm should be built above
Mr. Doug Hancock's driveway to protect his property as well as
Mr. Winters' property from surface run-off.
Gravel and oil of fire roads should be addressed and exempted
or not.
Condition 8(a) - Pertaining to non-exclusive access on private
roads; neighbors should be able to walk up the road to the open
space area.
In response to some of Mr. Winters' concerns, Mr. Bernardi referred
to the access on private roads, stating that to be able to provide
access for the public to use the open space, one has to pass through
the private roads in order to get there, and at this point, "No Tres-
passing" signs are up because of construction activity but will be
taken down when construction is done.
Mr. Bernardi referred to the drainage issue brought up by Mr. Winters,
stating although staff feels that what is there is adequate, they
will take another look at it.
Mr. Bernardi also indicated the staff report includes the hiring of
a construction inspector.
There being no further discussion, Council accepted staff report,
without motion.
17. STATUS REPORT FROM PLANNING COMMISSION ON GENERAL PLAN REVIEW
(Pl) - File 115
Mayor Mulryan stated the staff report indicates the Planning Commission
expects the draft General Plan will be formally presented to the Council
SRCC MINUTES (Regular) 8/3/87 Page 3
SRCC MINUTES (Regular) 8/3/87 Page 4
September 21, 1987, noting the Council realizes the need for additional
time as the Plan is still being modified.
Planning Commission Chairman Boro stated that the Planning Commission
attempted to meet the original date of August 17, 1987 to have the
Draft General Plan made available to the City Council; however, due
to the large number of people wanting to participate in the Planning
Commission hearings it was impossible to meet that date, but the goal
is to have the Draft General Plan to Council by the week of September
14, 1987.
Council accepted Planning Staff report, without motion.
18. MARIN COUNTY REVISED DRAFT SOLID WASTE MANAGEMENT PLAN (Pl) - File
13-2
Mayor Mulryan stated the report indicated the Plan will be brought
up to date and additional input will be forthcoming from staff.
Planning Director Moore stated she expected County staff to be present
at tonight's meeting indicating she communicated with the County Planning
Director who knew of her report. Ms. Moore stated several points were
raised in the report and she anticipated County staff will be prepared
to respond to them. Prior to their response, City staff indicated
it would be premature to adopt a Resolution. Ms. Moore inquired if
Council had any additional comments or questions about the Draft Solid
Waste Management Plan.
Mayor Mulryan indicated that the final report should include the evalua-
tion of the effect of the recovery and transfer facilities on long
term needs.
Councilmember Willms noted that the report is void as to who will
be responsible for locating the additional site.
Councilmember Nave emphasized who is responsible for getting the land,
how much land is being considered and that the County consider having
the Plan go beyond the year 2005.
Councilmember Breiner suggested that County staff take action by September
1988 to hire a consultant to search for more land, stating it may
be difficult to get the northerly 102 acres because of severe environ-
mental constraints; she also spoke of concern over the Richmond area
closing down sooner causing the present land fill site to fill up
sooner.
Council accepted staff report and directed staff to inform the County
staff of the comments made.
Ms. Moore stated presumably, responses will be available at the next
Council meeting of August 17, 1987, indicating the County has requested
a Resolution be adopted by the City Council (approving the Plan).
19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1537, 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 -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED
DEVELOPMENT) DISTRICT (275 LOS RANCHITOS ROAD) (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 -D (PLANNED DEVELOPMENT) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT (275 LOS RANCHITOS ROAD)"
Councilmember Willms moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1537 by the following vote, to wit:
AYES: COUNCILMEMBERS: Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 8/3/87 Page 4
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20. PLANNING DEPARTMENT COUNTER HOURS (CM) - File 9-3-17
City Manager Nicolai stated this item has been discussed in the context
of the work volume associated with the General Plan. Currently, the
vacancies in the Planning Department are creating a tremendous workload
on the remaining staff. Ms. Nicolai indicated that since May of this
year, the Planning counter has been closed for one hour from Noon
to 1:00 PM, indicating this hour is the most infrequently used hour
and that no comments have come from the public.
Ms. Nicolai indicated the report requests the following six month
schedule for Planning Department counter hours:
Monday, Tuesday, Wednesday, Friday - 8:30 a.m. - 12:00 p.m.,
1:00 p.m. - 4:00 p.m.; Thursday - 8:30 a.m. - 12:00 p.m.
The hours are proposed as an interim measure to allow time for the
Planning Department to hire and train new people, with the schedule
to be re-evaluated at the end of 6 months.
Ms. Nicolai noted the staff report showed the hours closed at other
Planning Departments in Marin County and concluded there is a need
to have some uninterrupted time to work on projects, review plans
and get reports ready for the Planning Commission and City Council.
Councilmember Nave moved and Councilmember Breiner seconded, to approve
the Planning Department scheduled hours as listed in the staff report
for six months and that the recommendation come back to Council for
re-evaluation at the end of the six months.
AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
21. RESOLUTION REQUESTING EXEMPTION FROM REQUIREMENTS OF THE CALIFORNIA
BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT AND REQUESTING
THE COUNTY OF MARIN TO HOLD A CONSOLIDATED PUBLIC HEARING (CM) -
File 155 x 4-3-32
City Manager Nicolai stated AB 2020 was passed last year which was
a compromise on a Bottle Bill to encourage recycling and reduce litter.
It provided exemptions for communities having curb recycling programs.
A meeting was held on July 23, 1987, which was made up of Councilmembers
Breiner and Willms, including Ms. Nicolai, other representatives of
local government, grocery stores, beverage distributors and the Marin
Recycling and Resource Recovery Association, and a consensus was to
have a reasonable countywide plan developed and an exemption requested
from the State. She noted the intent is to provide redemption centers
but to dramatically reduce the number from 33, indicating this was
requested partially because many of the convenience zones outlined
by the State are overlapping into various jurisdications.
Ms. Nicolai indicated it was felt that it would be more efficient
to pull together, consolidate the public hearing, which is a State
requirement, and consolidate the plan that would accompany the request
for the exemption.
RESOLUTION NO. 7591 - RESOLUTION REQUESTING CONVENIENCE ZONE EXEMPTION
UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING
AND LITTER REDUCTION ACT (AB 2020)
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
22. DESIGNATION OF VOTING DELEGATE AND
CALIFORNIA CITIES ANNUAL CONFERENCE
(CC) - File 9-11-1
Nave, Willms & Mayor Mulryan
VOTING ALTERNATE FOR LEAGUE OF
- OCTOBER 4-7, 1987, SAN FRANCISCO
City Manager Nicolai was directed to look into possibly re -scheduling
the regular October 5, 1987 City Council meeting to a later date to
SRCC MINUTES (Regular) 8/3/87 Page 5
SRCC MINUTES (Regular) 8/3/87 Page 6
allow representation at the League of California Cities Annual Conference
on October 4-7, 1987.
Councilmember Nave moved and Councilmember Breiner seconded, to designate
Councilmember Willms as the voting delegate with Mayor Mulryan as
the voting alternate.
AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RE ADD ITEM
Councilmember Breiner requested that discussion be held on Bill AB
2448 Solid Waste, as an emergency item.
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 due to
time constraints, could be discussed based on an affirmative vote
of two-thirds of the Council, the following motion was made:
Councilmember Breiner moved and Councilmember Willms seconded, to
allow for discussion regarding Bill AB 2448 Solid Waste.
AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
1. BILL AB 2448 SOLID WASTE. ESTABLISHMENT OF STATEWIDE CLEAN-UP FUND
FOR LANDFILLS THROUGH MANDATORY SURCHARGE ON LOCAL TIPPING FEES (LEAGUE
RECOMMENDATION: OPPOSE) - File 9-1
Councilmember Breiner moved and Councilmember Willms seconded, to
oppose AB 2448.
AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Staff was directed to forward notice of Council's opposition to the
Senate Governmental Organization Committee for hearing to be held
on Monday, August 17, 1987.
There being no further business, the meeting was adjourned.
JEANTk.V �LEONCIN�I4,.C�ityCk
APPROVED ON THIS DAY OF 1987
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 8/3/87 Page 6