HomeMy WebLinkAboutCC Minutes 1987-11-16SRCC AGENDA ITEM NO. 2
CITY OF SAN RAFAEL (1/19/88)
SAN RAFAEL, CALIFORNIA
I NTER-DEPARTMENTAL MEMORANDUM 1
DATE: January 14, 1988
TO• HONORABLE MAYOR AND COUNCILMEMBERS
FROM. JEANNE M. LEONCINI, City Clerk
SUBJECT AMENDMENT TO APPROVED MINUTES OF REGULAR
CITY COUNCIL MEETING OF NOVEMBER 16, 1987
It has come to my attention that an item was inadvertently
omitted from the Minutes of the regular City Council meet-
ing of November 16, 1987, which were approved by the City
Council on December 7, 1987.
Item omitted is as follows:
"ORAL COMMUNICATIONS OF AN URGENCY NATURE
PRESENTATION OF PETITION OPPOSING PROJECT AT 184 PEACOCK DRIVE
DUE TO ALLEGED NON-COMPLIANCE WITH HEIGHT LIMIT REQUIREMENTS (Pl) -
File 10-1 x 10-2 x 5-1-243
Mr. Peter F. McGraw of 9 Bracken Court, Peacock Gap, presented a
petition alleging a home is being built at 184 Peacock Drive,
opposite his home, over the height of 20 feet which is not in
compliance with the Covenants, Conditions and Restriction -s. Mr.
McGraw asked Council to have a stop work order issued until the
problem is resolved.
Staff was directed to inspect the height of the home at 184
Peacock Drive, and if it is over 20 feet to have the work stopped
until the issue is resolved."
RECOMMENDATION:
It is recommended the City Council approve the above amendment.
to the Minutes of the regular City Council meeting of November
16, 1987. Once approved, this document will be attached to the
original Minutes as part of the official record.
SRCC MINUTES (Regular) 11/16/87 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 16,
1987 AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
1. No.
87-23(a) -
(#1)
Marie
F. Ghilotti
vs.
City of San Rafael.
No.
87-23(b) -
(#1)
Frank
Bertoli vs.
City
of San Rafael.
No.
87-23(c) -
(#2).
No.
87-23(d) -
(#2).
No. 87-23(e) - (#2).
No.
87-23(f) -
(#7).
No.
87-23(g) -
(#2).
No. 87-23(h) - (#2).
No.
87-23(i) -
(#2).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 16,
1987 AT 8:00 PM.
Regular Meeting:
San Rafael City Council Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Joan Thayer, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
ACTION
2. Resolution Authorizing Applica- RESOLUTION NO. 7647 - AUTHORIZING
tion to California Department APPLICATION TO THE CALIFORNIA
of Water Resources for Stream DEPARTMENT OF WATER RESOURCES
Restoration Grant (PW) - FOR STREAM RESTORATION GRANT
File 4-10-216 x 9-3-40 (RAFAEL MEADOWS DRAINAGE CHANNEL)
SAN RAFAEL, CALIFORNIA
3. Report on Bid Opening and Award
of Bid for Turnout Clothing for
Fire Department (FD) - File
4-2-219 x 9-3-31
RESOLUTION NO. 7648 - AUTHORIZING
THE PURCHASE OF FIREFIGHTER
PROTECTIVE CLOTHING UTILIZING
FUNDS FROM THE CAPITAL OUTLAY
BUDGET (To Halprin Supply Company
of Los Angeles, low bidder, unit
price of $251.00 for coats and
$125.00 for trousers. Unit prices
extend through June 1988)
4. Report on Bid Opening and Award RESOLUTION NO. 7649 - AUTHORIZING
of Bid for Two New 1988 Kawasaki THE PURCHASE OF TWO (2) POLICE
1000 Police Motorcycles (GS) - PATROL MOTORCYCLES UTILIZING
File 4-2-220 x 9-3-30 EQUIPMENT REPLACEMENT FUNDS (To
Marin Motor Sports Co., low bidder,
in amount of $13,237.28)
5. Report on Bid Openings and Award
of Bids for Folding Tables,
Stacking Chairs and Dollies (Rec) -
File 4-2-218 x 9-3-65
RESOLUTION NO. 7650 - AUTHORIZING
THE PURCHASE OF FOLDING TABLES,
STACKING CHAIRS AND DOLLIES FOR
USE BY THE SAN RAFAEL RECREATION
DEPARTMENT (To Holsinger, Inc.
of Burlingame, CA., low bidder
that meets specifications at prices
of $3,544.90 for stacking chairs/
dollies and $2,725.04 for folding
tables)
SRCC MINUTES (Regular) 11/16/87 Page 1
SRCC MINUTES (Regular) 11/16/87 Page 2
6. Request from San Rafael Chamber Approved staff recommendation.
of Commerce Re Closure of Portion (Fourth Street, between Court
of Fourth Street, Between Court and "A" Streets, to be closed
and A Streets, for Annual Parade from 6:30 PM to 9:00 PM, December
of Lights, Friday, December 4, 4, 1987).
1987 (PD) - File 11-19 x 9-3-30
7. Lease Agreements for Relocatable
Child Care Buildings Between
the State Allocation Board
and the City of San Rafael
(Rec) - File 4-7-24 x 9-3-65
RESOLUTION NO. 7651 - AUTHORIZING
SIGNING OF LEASE AGREEMENTS FOR
RELOCATABLE CHILD CARE BUILDINGS
BETWEEN THE STATE ALLOCATION BOARD
AND THE CITY OF SAN RAFAEL (One
building to be placed at Pickleweed
Park in summer of 1988 and another
at Glenwood Elementary School
by September 1988)
8. Call for Applications to Fill Approved staff recommendation
Vacancy on the Planning Commis- to: a) Call for applications to
sion (CC) - File 9-2-6 fill one unexpired term on the
Planning Commission, of Albert
J. Boro, who was elected Council -
member on November 3, 1987, with
deadline for receipt, Tuesday,
December 8, 1987 at 12 Noon in
City Clerk's office (term to expire
end of June 1989)
9. REQUEST FOR LEAVE TO PRESENT
LATE CLAIM - LEE PRICE (PW) -
Claim No. 3-1-1290
10. Claims for Damages:
a. Thuy Duong (PW) -
Claim No. 3-1-1246
b. Florence Gates (PW) -
Claim No. 3-1-1270
AYES: COUNCILMEMBERS: Boro,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b) Set date for Special Meeting
of the City Council to interview
applicants for Monday, December
21, 1987, commencing at 6:00 PM
in Conference Room 201, City Hall.
Approved Insurance Consulting
Associates, Inc. recommendation
to deny acceptance of late claim.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims of a. & b.
Breiner, Frugoli, Thayer & Mayor Mulryan
11. APPEAL OF TRAFFIC COMMITTEE DENIAL OF REQUEST FOR A STOP SIGN AT THE
INTERSECTION OF SANTIAGO WAY AND LUCAS PARK DRIVE (PW) - File 11-9
x 9-3-40
Public Works Director Bernardi stated staff's decision to an appeal
by Mrs. Carol Weber is not to install stop signs at the intersection
of Santiago Way and Lucas Park Drive. He noted the Traffic Coordinating
Committee reviewed the request submitted by some of the property owners
in the area and performed all technical requirements, finding that
it did not meet the technical warrants for the need of a stop sign
at that location.
Associate Civil Engineer -Traffic Rumsey explained that stops signs
are basically used for rights-of-way, and that the California Traffic
Manual strongly discourages their use for speed control. Two reasons
given are One, that over 50 percent of intentional violations happen
where stop signs are installed in low volume intersections, noting
frequently people slow down at a stop sign and speed as they leave
the stop sign. Traffic counts were taken on two separate occasions
at this particular location and it was found that people will stop
the first several times but if they do not encounter another vehicle,
which is the case most of the time, they start running the stop sign.
Therefore, rather than increasing safety, it decreases safety.
SRCC MINUTES (Regular) 11/16/87 Page 2
SRCC MINUTES (Regular) 11/16/87 Page 3
The second reason is when the visibility at that intersection is not
safe on an approach speed of less than ten miles an hour. The California
Vehicle Code requires that at an uncontrolled intersection the driver
is to slow down to 15 miles an hour upon approach to the intersection.
Mr. Rumsey stated the concern relates to people coming off Las Gallinas
onto Santiago Way and either swinging right or left at high speeds.
He indicated that if stop signs were to be placed at the intersection,
he would suggest it be placed at Lucas Park Drive.
In response to Councilmember Breiner's question about having marked
crosswalks, Mr. Rumsey responded they have had several requests to
have crosswalks on San Pedro Road, but again felt it would not increase
safety. Instead, they have placed pedestrian warning signs to alert
drivers.
After further discussion, Mrs. Carol Weber voiced her concerns stating
that coming off from Santiago Way turning right or left onto Lucas
Park Drive or coming down from Lucas Park Drive continuing straight
or turning left on Santiago Way is a "blind" area. She stated she
worries about young children who take the bus at that spot and who
also ride their bicycles there. Mrs. Weber indicated she stops at
this intersection but is concerned about people who do not.
Mayor Mulryan indicated to Mrs. Weber that Associate Engineer -Traffic
Rumsey suggested having a stop sign placed on Lucas Park Drive and
asked her if she would agree to that, and Mrs. Weber agreed.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
uphold the appeal, and directed staff to place stop signs on Lucas
Park Drive, on both the north and south corners.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. REQUEST FROM PROPERTY OWNER FOR COMPROMISE RE REPAYMENT OF LIEN IN
AMOUNT OF $71,136.50 TO CITY RE 22 CALA VISTA DRIVE, SAN RAFAEL
(Fin) - File 9-3-20
Finance Director Coleman stated the staff report outlined the facts
with Council having the option to either compromise the lien by reduc-
ing the amount or not compromise and have Mr. Jim Clifford pay the
full amount with his property taxes. If there is no compromise, Mr.
Clifford would have to pay the full amount and if he did not the property
would then be sold for non-payment of taxes sometime after July 1990.
He added that the present amount is increasing at a rate of 18 percent
per year indicating if it is sold the amount owed after five years
would be approximately $142,000. If the amount reached $142,000 and
it was actually a sale, the value of the property would be in excess
of the amount owed to the City. Mr. Coleman stated if Council wished
to compromise they could do it at any amount and not be restricted.
He then gave background of the relationship between Mr. Clifford and
his department.
Mr. Jim Clifford stated his story concurs closely to what Mr. Coleman
said earlier. He indicated he initially contacted Mr. Coleman and
spoke of a possible compromise proposal before he did any repair work
on the property, but that the his proposal was rejected and he was
told to pay off the whole amount. He did not have the money to pay
off the full amount and thought if he did the necessary repairs he
could possibly get a commitment from the Bank of America and be able
to pay the full amount to the City. He was successful in obtaining
the money from the bank and informed the City that he had the money
and was ready to pay off the lien at an interest rate of nine percent
from the date the City paid the contractor. Mr. Clifford stated every-
one agreed except the City Manager.
Mr. Coleman commented that during this period there was no agreement
made between him and Mr. Clifford. He did indicate to Mr. Clifford
that he could not recommend an interest rate of less than nine percent,
SRCC MINUTES (Regular) 11/16/87 Page 3
SRCC MINUTES (Regular) 11/16/87 Page 4
and emphasized that the situation has changed since their contact
two years ago. At the time of Mr. Clifford's proposal the dollar amount
involved as to what he would be paying the City and the amount that
he would be paying the County was very small, about $1,000 whereas
now the difference is larger because the County's penalties are increas-
ing at 18 percent per year. After two years, the $1,000 difference
has now increased to $15,000.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
to work out a compromise with Mr. Clifford, suggesting full payment
at 10 percent interest.
AYES: COUNCILMEMBERS: Breiner & Frugoli
NOES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan announced the request was denied.
13. EQUITY ADJUSTMENT FOR ASSOCIATE CIVIL ENGINEER -TRAFFIC POSITION BY
AMENDING MID -MANAGEMENT RESOLUTION NO. 7426 TO ADD POSITION AND DELETING
POSITION FROM RESOLUTION NO. 7408 - MISCELLANEOUS (CM) - File 7-3
x 9-3-40
City Manager Nicolai stated when the budget was submitted, Public
Works Director Bernardi submitted as part of their budget, a request
to reclassify the Traffic Engineer. Because of the shortness of time
to have this reviewed, money was reserved in the budget for this
possibility and a study has been completed.
Assistant to the City Manager Golt addressed several areas in the
study stating there have been two Associate Civil Engineers within
the City structure, one, Associate Civil Engineer in the Mid -Management
group and the other, Associate Civil Engineer -Traffic which was not
in the Mid -Management group. The Associate Civil Engineer -Traffic
position up until seven months ago, had less supervisory responsibili-
ties. With the departure of the Senior Planner in the transportation
area, the position occupied by John Rumsey inherited a substantial
amount of responsibility of more significance and higher level than
previously assigned. This is one of the key factors prompting the
recommendation.
In response to Mayor Mulryan's question as to the cost, Ms. Golt replied
it would be slightly under $2,000 for the balance of the fiscal year.
After further discussion, Councilmember Frugoli moved and Councilmember
Breiner seconded, to adopt Resolution amending Resolution No. 7408
(Miscellaneous Group) and No. 7426 (Mid -Management Group) Pertaining
to the Status and Compensation of the Associate Civil Engineer -Traffic
Position, to be effective November 1, 1987, rather than October 1,
1987.
RESOLUTION NO. 7652 - AMENDING RESOLUTION NO. 7408 (MISCELLANEOUS
GROUP) AND NO. 7426 (MID -MANAGEMENT GROUP)
PERTAINING TO THE STATUS AND COMPENSATION OF
THE ASSOCIATE CIVIL ENGINEER -TRAFFIC POSITION
(as amended, to be effective November 1, 1987,
rather than October 1, 1987).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. CONSIDERATION OF CITY COUNCIL COMMITTEE APPOINTMENTS (CC) - File 9-1
x (SRRA) R-58
After discussion, Councilmembers approved the following new appointments:
Vice -Chairman, Redevelopment Agency - Dorothy L. Breiner
City/School Liaison Committee - Joan Thayer
League of California Cities North Bay Division - Albert J. Boro (Alt.)
Joan Thayer (Alt.)
SRCC MINUTES (Regular) 11/16/87 Page 4
SRCC MINUTES (Regular) 11/16/87 Page 5
Countywide Emergency Planning Committee - Dorothy L. Breiner (Alt.)
Highway 101 Cooridor Study Committee - Joan Thayer (Alt.)
Northwestern Pacific Railroad Right -of -Way Task Force -
Albert J. Boro
Traffic Systems Management Task Force - Albert J. Boro & Joan Thayer
(Alternates)
Liaison - Mobile Homeowners Associations - Joan Thayer.
ADD ITEM
As directed by City Attorney Ragghianti, Councilmember Frugoli moved
and Councilmember Breiner seconded, that the need for consideration
of the add item arose subsequent to the agenda being posted.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
1. RESOLUTION SUPPORTING THE SAN RAFAEL PUBLIC EDUCATION FOUNDATION'S
"BACK TO SCHOOL" CAMPAIGN - File 212
Mayor Mulryan introduced a Resolution supporting the San Rafael Public
Foundation's request asking the citizens of San Rafael to turn over
their share of the state income tax rebates to the schools by endors-
ing the checks to the San Rafael Elementary School District, the Dixie
Elementary School District, or the San Rafael High School District.
RESOLUTION NO. 7653 - SUPPORTING THE SAN RAFAEL PUBLIC EDUCATION
FOUNDATION'S "BACK TO SCHOOL" CAMPAIGN
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned.
JEA "�. LEONCIN1%, City Clerk
APPROVED THIS DAY OF 1987
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 11/16/87 Pgae 5