HomeMy WebLinkAboutCC Minutes 1987-09-08SRCC MINUTES (Regular; 9/8/87 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 8,
1987 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION, LABOR NEGOTIATIONS AND
PERSONNEL - File 1.4.1.a
1. No. 87-18(a) - (#1) Judith Jedeikin Vs. City of San Rafael.
No. 87-18(b) - (#2). No. 87-18(c) - (#2). No. 87-18(d) - (#2).
No. 87-18(e) - (#1) Ralph & June Meibergen & Hartford Fire Ins. Co.
Vs. City of San Rafael. No. 87-18(f) - (#6). No. 87-18(g) - (#7).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER
8, 1987 AT 8:00 PM.
Regular Meeting:
San Rafael City Council Present: Lawrence E. Mulryan
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Maynard Willms, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
VEHICLE WEIGHT AND SIZE LIMIT FOR FREMONT AND UPPER FREMONT ROADS
(PW) - File 11-5-1
Mr. Harry K. Winters, President of West End Neighborhood Association,
spoke on vehicle weight and size limit for Fremont and Upper Fremont Roads
and presented material to Council. Staff was directed to review Mr. Winters'
concerns and report back to Council.
CONSENT CALENDAR
2. Approval of Minutes of Special
Joint Meetings with Redevelopment
Agency of June 22 & 23, 1987
(Budget Hearings), Regular Meeting
of August 17, 1987 and Special
Meeting of August 31, 1987 (Closed
Session) (CC)
RECOMMENDED ACTION
Minutes approved as submitted.
3. Bid Opening and Award of Contract - RESOLUTION NO. 7601 - AWARD OF
Pickleweed Park Levee Repair CONTRACT FOR PICKLEWEED PARK LEVEE
(PW) - File 4-1-413 REPAIR PROJECT NO. 023-42390131,
TO PIOMBO GENERAL ENGINEERING
CONTRACTORS, INC., (In amount
of $20,502.00, low bidder).
4. Bid Opening and Award of Contract -
349 Mt. View Avenue Drainage
Improvements (PW) - File 4-1-412
RESOLUTION NO. 7602 - AWARD OF
CONTRACT FOR 349 MT. VIEW AVENUE
DRAINAGE IMPROVEMENTS PROJECT
NO. 001-21501158000 (TO PIOMBO
GENERAL ENGINEERING CONTRACTORS,
INC., In amount of $36,967.00,
low bidder).
5. Authorization to Call for Bids Approved staff recommendation.
for Merrydale Road Channel Repair ($27,100 funding available from
(PW) - File 4-1-414 the State as reimbursement for
storm damage.)
SRCC MINUTES (Regular) 9/8/87 Page 1
7.
MP
0
SRCC MINUTES (Regular) 9/8/87 Page 2
Report on Metropolitan Transpor-
tation Commission (MTC) Public
Transit Consolidated Study (PW) -
File 11-13
Status Report on Extension of Time
Re Dominican Estates Subdivision
(PW) - File 5-1-259
Authorization to Sign Letter of
Intent to Participate in Corps
of Engineers "General Investiga-
tions, Flood Control Study, Feasi-
bility Phase" (PW) - File 12-10 x
12-9
10. Renewal of Lease with First
Congregational Church for Pooh
Corner Preschool Program (Septem-
ber 1, 1987 through August 31,
1988) (Rec) - File 2-9-15
12. Resolution Authorizing Extension
of Consultant Agreement with
Wilbur Smith & Associates -
General Plan, Northgate Traffic
(P1) - File 4-3-163
13. Resolution of Appreciation for
Paul Jensen, Principal Planner
(P1) - File 102 x 9-3-17
14. Report on Bid Opening and Award
of Bids for: (GS) - File 4-2-217
a. Riding Turfmower
b. Trailer for Riding Turfmower
15. Report on Bid Opening and Award
of Bid for Stacking Chairs and
Folding Tables for Recreation
Department (GS) - File 4-2-218
16. Request to Amend Trust Agreement
for ABAG Certificates of Partici-
pation for the City of San Rafael,
et al (Fin) - File 4-10-192 x 111
Accepted report, and endorsed
further study of transit operations
between Marin and Sonoma County
by MTC.
Accepted status report; continued
action on time extension until
meeting of September 21, 1987.
RESOLUTION NO. 7603 - AUTHORIZING
THE SIGNING OF A "LETTER OF INTENT"
TO ENTER INTO AN AGREEMENT WITH
THE U.S. ARMY CORPS OF ENGINEERS
FOR THE GENERAL INVESTIGATIONS,
FLOOD CONTROL STUDY, FEASIBILITY
PHASE (which indicates the City's
intention to participate in a
50% cost sharing study for the
San Rafael Canal)
RESOLUTION NO. 7604 - AUTHORIZING
THE SIGNING OF A LEASE AGREEMENT
WITH FIRST CONGREGATIONAL CHURCH
POOH CORNER COOPERATIVE NURSERY
SCHOOL (Renewal of lease for one
year from September 1, 1987
through August 31, 1988, total
rent $4,800 at $400 per month).
RESOLUTION NO. 7605 - AUTHORIZING
THE EXTENSION OF CONSULTANT AGREE-
MENT WITH WILBUR SMITH & ASSOCIATES
(General Plan, Northgate Traffic)
(Maximum amount not to exceed
$16,000.00; extension of time
for completion to July 31, 1988).
RESOLUTION NO. 7606 - RESOLUTION
OF APPRECIATION TO PAUL JENSEN,
PRINCIPAL PLANNER
RESOLUTION NO. 7607 - AUTHORIZING
PURCHASE OF ONE RIDING TURF MOWER
AND ONE TRAILER FOR RIDING TURF
MOWER UTILIZING VEHICLE REPLACEMENT
FUNDS (Award of Contract for (a)
to West Cal Tractor in amount
of $9,036.50, low bidder that
meets specifications; and Award
of Contract for (b) to Western
Lawn & Equipment Company, in amount
of $2,326.70, low bidder that
meets specifications).
(Item put over to Meeting of
September 21, 1987 at the request
of staff.)
RESOLUTION NO. 7608 - AUTHORIZING
SIGNING OF FIRST AMENDMENT TO
TRUST AGREEMENT WITH THE BANK
OF CALIFORNIA, ABAG, CITIES OF
CERES, ROCKLIN AND SAN PABLO
(Regarding Financing of Fire
Truck and Public Works
Truck - Changing Financing to
Seattle First National Bank
(Seafirst))
SRCC MINUTES (Regular) 9/8/87 Page 2
SRCC MINUTES (Regular) 9/8/87 Page 3
17. Authorization for Finance Director Approved staff recommendation.
to Pay for Reprogramming Costs City's share of reprogramming
to Accelerate the Disbursement of costs amounts to $548.95.
Special Assessments Collected by
Marin County (Fin) - File 9-3-20 x
4-13-6
18. Resolution of Appreciation for
William R. Forde, Construction
Man of the Year (CM) - File 102
19. Claims for Damages:
a. Susan Money Quarnstrom (PW) -
File 3-1-1244
b. Phyllis Infelise (PW) -
File 3-1-1248
c. Elizabeth C. Maloney (PW) -
File 3-1-1249
d. Patricia Wade (PD) -
File 3-1-1253
e. Steven Christopher Livingston
(PW) - File 3-1-1266
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7609 - RESOLUTION
OF APPRECIATION TO WILLIAM R.
FORDE, CONSTRUCTION MAN OF THE
YEAR
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims a., b. &
C.
Approved City Attorney's
recommendations for denial of
claims d. & e.
Frugoli, Nave, Willms & Mayor Mulryan
6. APPROVAL OF FINAL MAP FOR PEACOCK ESTATES SUBDIVISION (INCLUDING THE
"BRICK BARN") (PW) - File 5-1-308 x 13-14.1
Councilmember Frugoli inquired as to the reason the letter of credit
was reduced to $352,000.
Planning Director Moore stated the original figure was based on the
use of the Uniform Building Code, whereas there is a State Historic
Building Code that is commonly used which the consultant's information
was based on. It was also found that the bricks and structure were
in better condition than anticipated.
RESOLUTION NO. 7610 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED
"PEACOCK ESTATES" (with Brick Barn Parcel Amended
Conditions - (c), (d) and (e) added).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. APPROVAL OF CONTRACT WITH EIP ASSOCIATES FOR ENVIRONMENTAL IMPACT
REPORT FOR SECOND AND LINDARO PROPERTY (RA) - File 4-3-186 x (SRRA)
R-254
Councilmember Frugoli referred to the possibility of internal problems
within the Lindaro Associates firm, and requested that Councilmembers
be kept abreast of any problems.
Mayor Mulryan, member of the City staff's Committee, stated he was
not aware of any problems, indicating that everything is going as
scheduled.
Councilmember Nave, also a member on the City staff's committee, suggested
having a meeting with Lindaro Associates in the near future.
RESOLUTION NO. 7611 - AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH
ENVIRONMENTAL IMPACT PLANNING CORPORATION FOR
AN ENVIRONMENTAL IMPACT REPORT FOR THE SECOND
AND LINDARO PROPERTY (Estimated cost of work
in amount of $50,260 to be paid by Lindaro Associ-
ates).
SRCC MINUTES (Regular) 9/8/87 Page 3
SRCC MINUTES (Regular) 9/8/87 Page 4
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. PRESENTATION OF RESOLUTION OF APPRECIATION TO PAUL JENSEN, PRINCIPAL
PLANNER - File 102 x 9-3-17
Mayor Mulryan presented Paul Jensen, Principal Planner, with the
Resolution of Appreciation, thanking him for his years of service
and commending him for his dedication. He then invited those present
to attend a reception to be held at the end of the Council meeting
in the lobby.
21. PUBLIC HEARING - Z84 -4(b) REZONING FROM P -D TO P -D (PLANNED DEVELOPMENT)
DISTRICT TO RESTRICT THE MARIN HOME IMPROVEMENT CENTER TO BULK ITEM
RETAIL USES; AND PARTIAL REFUND OF EAST SAN RAFAEL TRAFFIC MITIGATION
FEES; 530 FRANCISCO BOULEVARD WEST; McPHAIL'S, INC., OWNER; RAY HOFFMAN,
REP., AP 13-051-06 & 20 (Pl) - File 10-3
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that the zoning and use permits needed
to be modified and that this project is to remain as a bulk item retail
use, noting that if, in the future, uses other than bulk retail are
sought, a zoning change would be needed and a condition made to increase
the mitigation fee.
There being no further comments, Mayor Mulryan closed the public hearing.
RESOLUTION NO. 7612 - CERTIFYING A NEGATIVE DECLARATION FOR REZONING
OF PROPERTY AT 530 FRANCISCO BOULEVARD WEST
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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. (530 Francisco Boulevard West)"
Councilmember Breiner moved and Councilmember Willms seconded, to
dispense with the reading of the Ordinance in its entirety and refer
to it by title only and pass Charter Ordinance No. 1538 to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7613 - AUTHORIZING A PARTIAL REFUND OF EAST SAN RAFAEL
TRAFFIC MITIGATION FEES FOR THE MARIN HOME IMPROVE-
MENT CENTER, LOCATED AT 530 FRANCISCO BOULEVARD
WEST (in the amount of $91,560.00)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 926-930
B STREET (GARZOLI GALLERY) (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated the appellant is requesting
a variance to the handicapped accessibility requirements, and explained
the project is to create an art gallery in the building previously
occupied by the Garatti Grocery. The new owners plan to have extensive
modifications made to the building including new restroom facilities.
SRCC MINUTES (Regular) 9/8/87 Page 4
SRCC MINUTES (Regular) 9/8/87 Page 5
The proposal is to place the restrooms on the mezzanine which would
not be accessible to the handicapped.
Mr. Bernardi indicated staff does not feel it would be an unreasonable
hardship to have the restrooms accessible for the handicapped in light
of the extensive remodeling, and recommended Council deny the appeal.
Mr. Chris O'Conner, builder and designer of the proposed project,
referred to a letter from the Marin Center for Independent Living,
stating the owners of the art gallery spoke to someone from MCIL who
said it was not a requirement to have a handicapped restroom in the
structure. Mr. Bernardi pointed out that the letter from MCIL does
not state one way or another that a handicapped restroom be included.
Mrs. Elizabeth Garzoli, owner, stated she was confused and that she
was told by someone from MCIL that it was not their opinion that small
businesses have a handicapped restroom available, indicating if there
is the accessibility for the handicapped to enter the building to
view the gallery, the handicapped restroom facilities were not a
necessity.
Mr. O'Conner displayed plans and explained to Council, the hardship
on the design of the project if they were to include the handicapped
restroom.
Councilmember Breiner stated she would prefer to have the item brought
back to Council for further discussion, indicating the project looks
more like an office use and that the overlay zone for the first floor
is for retail.
Mr. O'Conner stated the gallery will be on the main floor, and offices
would be on the second floor. Mrs. Garzoli indicated people would
see the gallery by appointment.
There being no further comments, Mayor Mulryan closed the public hearing.
After further discussion, Councilmember Willms moved and Councilmember
Nave seconded, to grant the appeal, and directed staff to prepare
a Resolution with Findings and to bring said Resolution back to Council
for adoption at the meeting of September 21, 1987.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1447
FOURTH STREET (REDWOOD BANK) (PW) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated the Redwood Bank is doing minor
interior work and the law reads, that when building permits are issued,
handicapped restroom accessibility must be provided. Staff evaluated
the case and determined that because of the cost involved, it would
cause extreme hardship and recommended Council grant the appeal.
There being no further comments, Mayor Mulryan closed the public hearing.
Councilmember Nave moved and Councilmember Willms seconded, to grant
the appeal, and directed staff to prepare a Resolution with Findings
and to bring said Resolution back for adoption at the meeting of September
21, 1987.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF ORDINANCE OF THE CITY
OF SAN RAFAEL AMENDING TITLE 18 OF THE MUNICIPAL CODE OF THE CITY
OF SAN RAFAEL BY AMENDING AND ADOPTING TITLE 18 - PROTECTION OF FLOOD
HAZARD AREAS (PW) - File 12-9 x 9-3-40
Mayor Mulryan declared the public hearing opened.
SRCC MINUTES (Regular) 9/8/87 Page 5
SRCC MINUTES (Regular) 9/8/87 Page 6
Public Works Director Bernardi stated the proposed amendment to Title
18, "Protection of Flood Hazard Areas" has been approved and is part
of the Federal Insurance Program. The changes were made at the request
of the Federal Insurance Agency to comply with their standard require-
ments. He indicated staff worked with the Marin Builders' Exchange
and modified the Ordinance using their comments, including having
it reviewed by the City Attorney's Office.
There being no further comments, Mayor Mulryan closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING
TITLE 18 - PROTECTION OF FLOOD HAZARD AREAS"
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1539 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. REQUEST FROM MARIN SYMPHONY FOR CITY TO ASSIST IN UNDERWRITING TWELFTH
ANNUAL "POPS IN THE MEADOWS" CONCERT (CM) - File 8-5
Both Mayor Mulryan and Councilmember Willms disqualified themselves
from participating in the item due to potential conflicts of interest.
Mrs. Betty Mulryan, Manager of Marin Symphony, asked the City of San
Rafael to consider underwriting $500 toward the cost of the production
of their twelfth annual "Pops In The Meadow" concert.
Mrs. Mulryan indicated that the Symphony serves over 20,000 citizens
of Marin each year with various programs, i.e. education, community
outreach, seniors and classical music concerts. The "Pops In The Meadow"
concert will be free and performed on the lawn of Dominican College
on Sunday, September 20, 1987, indicating the concert draws between
3,500 to 4,000 people to the downtown area of San Rafael.
Council agreed with Mrs. Mulryan that the concert is a contribution
to San Rafael, but indicated this would set a precedent in having
others ask for funding for their programs.
After further discussion, Council directed City staff to investigate
various ways of how City departments could assist in underwriting
the Twelfth Annual "Pops In The Meadows" Concert other than donating
money, by providing "in kind" services.
26. REQUEST FROM COUNTY BOARD OF SUPERVISORS FOR ADDITIONAL CITY CONTRI-
BUTION TO CONTINUE FUNDING OF THE SMART BUS (CM) - File 11-33 x (SRRA)
R-140
City Manager Nicolai stated a request has been received from Bob
Roumiguiere, member of the County Board of Supervisors, that the City
contribute $25,000 toward the second year funding of the SMART bus.
She indicated it was her understanding that the Marin County Transit
District would be considering contributing $42,200, and they have
requested money from the Buck Foundation, stating if they do receive
the money from the Foundation, it will reduce the Marin County Transit's
share. She added the property owners in the East San Rafael area
are expected to have enough contributions to make up the difference.
Councilmember Frugoli suggested that any monies from the Marin Community
Foundation be scrutinized to be sure the City receives its fair proportion
in relation to the City's share, and that the service should be expanded
to Terra Linda and Ignacio areas to bring people to the Canal area.
SRCC MINUTES (Regular) 9/8/87 Page 6
SRCC MINUTES (Regular) 9/8/87 Page 7
City Manager Nicolai recommended using funds from the Redevelopment
Agency, to be reviewed by the City Attorney, and contingent upon the
City Attorney's findings, the item be brought back at the next meeting.
After further discussion, Councilmember Frugoli moved and Councilmember
Nave seconded, to conceptually approve extending funding for another
year. Staff to investigate the cost of expanding service to Terra
Linda and Ignacio areas, as well as investigating having Redevelopment
Agency contribute funding, and that this item be placed on the Redevelop-
ment Agency agenda for the meeting of September 21, 1987.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. STATUS REPORT ON GENERAL PLAN REVISION (Pl) - File 115
Planning Director Moore stated the Monday, September 14th meeting
will deal with wrapping up environmental impact report matters and
an overall review of the past comments received; Tuesday, September
22nd and Wednesday, 23rd meetings will be to get into the "meat" of
the matter. The Planning Commission directed staff to devise a format
on major policy issues that will be discussed and decisions to be
made. Other meeting dates are, Monday, September 28, Tuesday, September
29 and Wednesday, September 30, 1987.
Ms. Moore added that a joint Planning Commission/City Council field
trip is planned to view major parcels and areas of San Rafael which
have been extensively discussed during review of the draft Plan. Critical
circulation improvements and existing traffic congestion will also
be viewed. She indicated when a date is established, staff will provide
proper public notice of the field trip so the news media and public
are informed.
Council accepted the staff report, without motion.
28. ONE YEAR REVIEW OF ZONING ORDINANCE AMENDMENT TO SIGN ORDINANCE NO.
1530 TO PERMIT NEON IN SPECIFIC INSTANCES (P1) - File 10-1 x 125
Planning Director Moore stated San Rafael does not have many neon
signs in locations other than windows, which are allowed by special
permit. Staff was directed to report back after one year regarding
experience implementing the change in the Zoning Ordinance amendment.
Only one neon sign has been applied for since the Ordinance was amended;
that sign was approved by the Planning Commission for the Pasand Restau-
rant at the northeast corner of Second and "B" Streets. Staff concludes
that the ordinance amendment is working fine but that there is no
significant interest for neon signs in other than window locations.
Council accepted the staff report, without motion.
There being no further business, the meeting was adjourned to a reception
for Paul Jensen, Principal Planner, and then the Council went back into
Closed Session.
JEANNE M. EONCINI, Ci y Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 9/8/87 Page 7
1987