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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