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HomeMy WebLinkAboutCC Minutes 1984-04-16SRCC Minutes (Regular) 4/16/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, April 16, 1984, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of March 19, 1984 and Special & Special Joint Meetings of April 2, 1984 (CC) 3. Appeal of Handicapped Access Require- ments - 1821 Fourth Street (PW) - File 13-1-1 4. Renewal of Two -Year Contract with Book Publishing for Municipal Code Supple- ment (CC) - File 1-5-1 Recommended Action Approved as submitted. Approved setting public hearing for May 7, 1984. RESOLUTION NO. 6784 - AUTHOR- IZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Book Publishing Co. for Supplement Service to San Rafael Municipal Code - Two-year period @ $19/Page) 5. Resolution of Appreciation - Ruth Shea, RESOLUTION NO. 6785 - RESOLU- Retiring April 27, 1984 (Fin) - File 102 TION OF APPRECIATION TO RUTH SHEA (Retiring April 27, 1984 after nearly 19 years' service) 7. Award of Contract - Radio Equipment for Paramedic Ambulance (FD) - File 4-2-190 RESOLUTION NO. 6786 - AUTHOR- IZING PURCHASE OF UHF RADIO FOR PARAMEDIC AMBULANCE UTIL- IZING EQUIPMENT REPLACEMENT FUNDS (Motorola Communication, Inc., designated low bidder @ $15,425.23) 9. Referral to Planning Commission - Approved staff recommendation Proposal to Sell City -Owned Property - to refer to Planning Commission; Junipero Serra Ave., AP 16-131-09 (RA) - to instruct staff to have prop - File 2-10 erty appraised; and to bring back to Council for final decision. AYES: COUNCILVEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 2. RESOLUTION OF FINDINGS DENYING Z83-16 REZONING FOR AMENDMENT TO SMITH RANCH MASTER PLAN, "GALLINAS VILLAGE", AREAS 5 AND 12 (Pl) - File 10-3 x 5-1-290 City Manager Beyer informed the Council that Dr. Grausz, the developer of Gallinas Village, is modifying his proposal, and Mr. Beyer requested that this matter be deferred to the May 21st meeting at which time there will be a more detailed staff report. If Dr. Grausz' modifications are substantial, the matter will have to go back to the Planning Commission. It was noted that there will not be a full Council at the May 7th meeting, and it is preferable that this matter come before the full Council. SRCC Minutes (Regular) 4/16/84 Page 1 SRCC Minutes (Regular) 4/16/84 Page 2 6. RESOLUTION OF APPRECIATION - EDWARD AMOS LARSEN, JR., RETIRED HIGHWAY PATROL OFFICER (CM) - File 102 Mayor Mulryan inquired about the City of San Rafael adopting a Resolu- tion of Appreciation for an individual not directly connected with the City. Councilmember Frugoli informed the Council that Officer Larsen was connected with the San Rafael Office of the Highway Patrol and did work with the City on traffic matters. RESOLUTION NO. 6787 - RESOLUTION OF APPRECIATION TO EDWARD AMOS LARSEN, JR., Retired Highway Patrol Officer AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner S. REPORT ON BID OPENING - SEVEN 4 -DOOR SEDANS, POLICE VEHICLES FOR PATROL SERVICE (CM) - File 4-2-191 Councilmember Russom questioned awarding the bid to a Sacramento firm, since the City would lose sales tax. City Manager Beyer informed the Council that there are special specifications for these vehicles, and that the Swift Dodge quote includes a provision for savings on mainten- ance and parts inventory. RESOLUTION NO. 6788 - AUTHORIZING THE PURCHASE OF SEVEN POLICE PATROL VEHICLES (From Swift Dodge, Sacramento - Unit price $10,254, total amount $71,778) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 10. CITY SUBMITTAL OF APPLICATION TO STATE DEPARTAH;NT OF HOUSING AND COM- MUNITY DEVELOPMENT FOR RENTAL HOUSING PROGRAMGRANT (Pl) - File 147 City Manager Beyer informed the Council that the issue is a design review application from Kuykendall/Chatham Development Company for construction of a 14,500 square foot retail and office building at the southwest corner of Fifth Avenue and Nye Street. The proposal involves demolition of a five -unit apartment and sixteen -room rooming house. It was pointed out by Mr. Beyer that the City's Housing Element contains the policy: "Discourage conversion of resi- dential uses to other uses unless equivalent housing can be maintained". City staff and the developer have been exploring possible ways to main- tain rental housing units, and the Ecumenical Association for Housing and the developer have put together a proposal to construct new low income rental housing units at a different location. This proposal requires partial funding from the Department of Housing and Community Development's Rental Housing Construction Program and, under the regu- lations for this grant program, the City must be the applicant. This same assistance could be provided to other developers for similar low income joint venture projects. Councilmember Russom moved and Councilmember Nave seconded, to adopt the Resolution authorizing staff to apply to the State for the grant, and direct that the policy issue of downtown housing be agendized for the May 21st Council meeting. RESOLUTION NO. 6789 - AUTHORIZING STAFF TO APPLY TO THE STATE DEPART- MENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR RENTAL HOUSING CONSTRUCTION PROGRAM GRANT FUNDS AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC Minutes (Regular) 4/16/84 Page 2 SRCC Minutes (Regular) 4/16/84 Page 3 11. PUBLIC HEARING - Z84-1, ZONING ORDINANCE TEXT CHANGES TO REGULATE LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES (Pl) - File 10-3 Mayor Mulryan declared the public hearing opened. Associate Planner/Acting Zoning Administrator Nibbi informed the Council that under the existing Zoning Ordinance provisions late night convenience and/or 24-hour markets, such as 7-11, Short Stop, etc., are considered retail uses permitted by right without conditional use permits in most commercial and industrial zoning districts. In the past, some of these uses have presented Police Department patrol problems due to their hours of operation, and also there are property maintenance problems much greater than those of regular grocery stores. Therefore, the Planning staff is recommending that late night and convenience markets be regu- lated through conditional use permits granted by the Planning Commission, and that existing late night convenience markets, which presently number about seven, be automatically granted use permits to allow continued operation with the existing business hours. The City would have dis- cretionary use permit review of those existing uses only if intensifi- cation (increased square footage or increased hours) is proposed. There being no public input, the public hearing was closed. RESOLUTION NO. 6790 - CERTIFYING A NEGATIVE DECLARATION FOR A TEXT AMENDMENT CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.08.130, 14.40.020IIa, 14.44.020IIa, 14.46.040f, 14.47.020IIb, AND 14.56.025m OF THE SAN RAFAEL MUNICIPAL CODE TITLE 14 CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only for the first reading, and pass Charter Ordinance No. 1483 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS Breiner Councilmember Frugoli moved and Councilmember Nave seconded, to direct the Acting Zoning Administrator to grant use permits for existing late night markets. AYES: COUNCILMEIIBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: 12. EAST SAN RAFAEL TRAFFIC MITIGATION FEES - INTERIM FEE SCHEDULE (Pl) - File 10-2 x SRRA R-189 Senior Planner Brook informed the Council that an interim Ordinance is being proposed, establishing East San Rafael Transportation Improvement Fees, in accordance with Council direction. He stated that the same format is being used as was used for the Northgate mitigation fees. During discussion, Councilmember Frugoli remarked that the Council will need a policy decision on the boundaries of the area to be included for the mitigation fees, and whether West Francisco Boulevard should be included. City Manager Beyer mentioned that staff also needs a policy determination on Redevelopment Agency projects and private projects. SRCC Minutes (Regular) 4/6/84 Page 3 SRCC Minutes (Regular) 4/16/84 Page 4 Attorney Leland Jordan, representing Cal -Pox, Inc. (San Quentin Dis- posal Site), stated that over a period of years an understanding has been reached with the City under which there would be no further traffic mitigation fees for his clients. He gave a history of the development from 1978, including an opinion by former Assistant City Attorney Bill Bullard. Council agreed that the matter would be put on the May 21st agenda, and asked Mr. Jordan to provide a full report before that time. Staff was requested to provide a staff report and legal opinions. Councilmember Frugoli moved and Councilmember Russom seconded, to refer the matter of the traffic mitigation fees to the Planning Commission. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 13. CANALWAYS - ENVIRONMENTAL IMPACT REPORT PROCEDURE; SOUTHEAST OF THE END OF BELLAM BLVD.; CANALWAYS GENERAL PARTNERSHIP, OWNER; J. BLEDSOE, PARTNER; DAVID COLDOFF, REPRESENTATIVE; AP 9-010-22, 23, 24 & 25 AND A PORTION OF 9-010-33 (Pl) - File 5-1-288 Senior Planner Brook informed the Council that this item was continued from the March 19th meeting to provide time to prepare a revised initial study for inclusion in the EIR, and to have the City Attorney review the adequacy of the EIR. Preparation of the revisions and circulation of the document should take approximately 90 days. At the end of the cir- culation period the item would be rescheduled for Council consideration. Councilmember Frugoli moved and Councilmember Russom seconded, to approve the staff recommendation, and direct staff to proceed with the revisions to the EIR and recirculate the document for public review. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 14. STATUS REPORT ON PICKLEWEED PARK COMMUNITY CENTER (Rec) - File 2-1-55 Assistant City Manager Nicolai informed the Council that construction of the Pickleweed Park Community Center is nearing completion. Con- struction has gone smoothly, and within budget and a bit ahead of schedule. A tentative date of June 9, 1984, has been suggested for the dedication ceremony. $13,633 will be needed for the remainder of the 1983/84 fiscal year, and Ms.-Nicolai made three recommendations to the Council: 1) To authorize creation of expenditure and revenue accounts for Pickleweed Park Community Center; 2) To allocate $13,633 to those accounts for the remainder of 1983/84 fiscal year; and 3) Approve and calendar June 9, 1984, for the dedication ceremony. Councilmember Frugoli moved and Councilmember Nave seconded, to approve the three requests. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 15. ORDINANCE REPEALING THE MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION ORDINANCE OF 1983, ORDINANCE NO. 1452 (CA) - File 9-4-2 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION CONTROL" Councilmember Nave moved and Councilmember Russom seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only for the first reading, and pass Charter Ordinance No. 1484 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC Minutes (Regular) 4/16/84 Page 4 SRCC Minutes (Regular) 4/16/84 Page 5 16. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1481 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY (PW) - File 2-7 x 2-12 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY" (Vacated portion of Jacoby Street) Councilmember Frugoli moved and Councilmember Nave seconded, to dis- pense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1481 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 17. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1482 - AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION (PW) - File 12-9 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION" Councilmember Nave moved and Councilmember Frugoli seconded, to dis- pense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1482 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 18. CONSIDERATION OF CORRESPONDENCE FROM "SAVE OUR COUNTY LIBRARIES" (Lib) - File 9-4 x 9-3-61 Council considered a staff report from Library Director Vaughn Stratford, stating that "Save Our County Libraries" Committee asked the Council to endorse Measure A on the June ballot, which will provide increased funding for the County Library. Even though residents of San Rafael will not vote on this measure - because the City provides its own lib- rary - it is staff's recommendation that Council endorse Measure A. Councilmember Russom moved and Councilmember Frugoli seconded to endorse Measure A on the June ballot. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 19. DISCUSSION OF MAINTENANCE CONDITION AT CITY HALL - File 12-2 Councilmember Frugoli explained that he had this item agendized for discussion because of the condition of the third floor rear at City Hall, and he felt there should be capital improvement funds to clean and spruce it up. He stated that the San Rafael Community Center is in need of cleaning up also, as well as the library, and he recommended that staff take a look at all facilities and come back to the Council. City Manager Beyer informed the Council that the maintenance of facilities has already been incorporated into the proposed 1984/85 budget, and that it will be a fund similar to the Vehicle Replacement Fund, for maintenance of the buildings. 20. ADOPTION OF CITY EMERGENCY PLAN (FD) - File 13-11 x 7-1-31 x 9-6-3 Fire Chief Marcucci presented a staff report with the recommendation that the Council adopt two resolutions: One to adopt the City of San Rafael Emergency Plan and portions of the County of Marin and Marin Operational Area Emergency Plan; and the other relative to Workers' Compensation benefits for registered volunteer "Disaster Service Workers" SRCC Minutes (Regular) 4/16/84 Page 5 21 SRCC Minutes ,Aegular) 4/16/84 Page 6 Councilmember Frugoli commended the staff on the excellent job they did on the Emergency Plan. RESOLUTION NO. 6791 - ADOPTING THE CITY OF SAN RAFAEL EMERGENCY PLAN AND PORTIONS OF THE COUNTY OF MARIN AND MARIN OPERATIONAL AREA EMERGENCY PLAN (COMMA EP) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner RESOLUTION NO. 6792 - RELATIVE TO WORKERS' COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS" AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner CONVEYANCE OF TWO EASEMENTS TO THE SAN RAFAEL SANITATION DISTRICT (RA) - File 2-12-1 x 4-12 Council reviewed a staff report from Redevelopment Program Manager Ours, indicating that the San Rafael Sanitation District is presently marketing its treatment plant site in East San Rafael, and it has been discovered that there are two easements which were recorded in January 1899 and June 1928, prior to the formation of the District, but which were not conveyed to the District when it acquired the treatment plant site. These easements are not presently used by the City, and there are no plans for their use in the future. The City has been requested to execute a Quit Claim to the District to clear the cloud created by these easements. RESOLUTION NO. 6793 - AUTHORIZING THE SIGNING OF A QUIT CLAIM DEED TO THE SAN RAFAEL SANITATION DISTRICT FOR TWO SANITARY SEWER EASEMENTS AFFECTING ASSESSOR'S PARCEL NO. 09-010-02 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 22. REQQUEST FOR INDUSTRIAL DEVELOPMENT BOND (IDB) FINANCING FOR CIVIC CENTER PLAZA (CM) - File 8-22 City Manager Beyer informed the Council that the applicant has requested continuance of this matter to the next meeting, in order to prepare additional information. Council agreed to defer discussion to May 7, 1984. 23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council agreed to continue to support AB 2468 (Cortese) and SB 1300 (Marks), regarding Long Term Local Government Financing. Councilmember Nave moved and Councilmember Frugoli seconded, to oppose SB 1440 (Torres), Local Employer -Employee Relations. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Council agreed to support SB 2333 (Roberti) and SB 2334 (Ellis) regard- ing Local Control over Sale of Fireworks, and to oppose HR 4170 (Rostenkowski), Federal Legislation re IDB Finance; and to support Proposition 18, Park and Recreation Bond Act. SRCC Minutes (Regular) 4/16/84 Page 6 SRCC Minutes (Regular) 4/16/84 Page 7 24. RESOLUTION OF APPRECIATION - DAN COLEMAN, IN MEMORIUM - File 109 RESOLUTION NO. 6794 - RESOLUTION OF APPRECIATION TO DAN COLEMAN, IN MEMORIUM AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Mayor Mulryan mentioned Dan Coleman's many contributions to the area, and adjourned the meeting in his memory. CLOSED SESSION 25. The Council then adjourned to Closed Session to discuss litigation. No action was taken. JE Ili. LEO INI , itylerk APPROVED THIS DAY OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 4/16/84 Page 7