HomeMy WebLinkAboutCC Minutes 1984-12-17SRCC MINUTES (Regular, 12/17/84 Page 1
In the Conference Room 201 of the City of San Rafael, Monday, December
17) 1984 at 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, December 17,
1984 at 8:00 P.M.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: None
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City
Clerk; Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve the recommended action on the following consent calendar items:
Item
2. Approval of Minutes of Special
Joint Meetings with Redevelopment
Agency of June 27 and 28, 1984
(Budget Sessions) and Regular
Meetings of November 19 and
December 3, 1984 (CC)
3. Approval of San Rafael Rede-
velopment Agency Annual Report -
July 1983 - June 1984 (RA) -
File 140 x R-62 (SRRA)
4. Award of Bid - One New Fire
Engine (FD) - File 4-2-192
6. Kerner Boulevard Assessment
District (PW) - File 6-35
7. Claims for Damages:
a. Armando L. Baez (PW) - File
3-1-932
b. Leon C. Felton (PW) - File
3-1-933
Recommended Action
Approved as submitted.
Approved report,staff will forwarc
to the California Department of
Housing and Community Development
(HCD).
RESOLUTION NO. 6988 - A RESOLUTI
OF THE SAN RAFAEL CITY COUNCIL
AUTHORIZING THE PURCHASE OF A
1500 GPM FIRE ENGINE UTILIZING
EQUIPMENT REPLACEMENT FUNDS
(from Seagrave Fire Apparatus,
Inc. as low bidder in the amoun-
of $129,991.00)
RESOLUTION NO. 6989 - RESOLUTIC
AUTHORIZING ISSUANCE OF BONDS
KERNER BOULEVARD ASSESSMENT
DISTRICT
RESOLUTION NO. 6990 - RESOLUT
ORDERING SALE OF BONDS - KERN'
BOULEVARD ASSESSMENT DISTRICT
(to Wulff, Hansen & Co., not
exceed $354,874.04)
Approved Insurance Consulting
Associates, Inc. recommendat
for denial of claims.
SRCC MINUTES (Regular) 12/17/84 Page
SRCC MINUTES (Regus ) 12/17/84 Page 2
8. Authorization to Apply For and RESOLUTION NO. 6991 - RESOLUTION
Receive State Historic Preser- OF THE CITY COUNCIL OF THE CITY
vation Grant for Third Floor OF SAN RAFAEL AUTHORIZING STAFF
Restoration at Falkirk (Lib/ TO APPLY FOR AND RECEIVE A STATE
Cult.Aff) - File 13-14-2 HISTORIC PRESERVATION GRANT FOR
THIRD FLOOR RESTORATION AT
FALKIRK
AYES: COUNCILMEA113ERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED:COUNCILMEMBERS: Frugoli (from Minutes of Meeting of November
11, 1984 only due to absence).
Russom (from Minutes of Meeting of December
3, 1984 only due to absence).
5. ACCEPTANCE OF CONVEYANCE OF WETLANDS MITIGATION PROPERTY (HANF &
POESCHL) - KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35
Mayor Mulryan asked staff for an explanation on how the amount was
reached to acquire two parcels of wetlands, and Public Works Director
Bernardi stated that the property was valued and appraised during
the course of the formation of the Assessment District. In addition,
the Marin County Open Space District also placed a value which agreed with
the appraisal Public Works had received.
RESOLUTION NO. 6992 - RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL
PROPERTY AND AUTHORIZING EXECUTION OF RIGHT
OF WAY CONTRACT - KERNER BOULEVARD ASSESS-
MENT DISTRICT, SAN RAFAEL, CALIFORNIA (A.D.
NOS. 38 & 39) (w/Horst & Irene Hanf, Wm. H & Ilse
C. Poeschl & W.P.Partnership in amount of $116,839.00
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - V84 -11 -APPEAL OF PLANNING COMMISSION DENIAL OF A
VARIANCE FOR AN OFF-SITE SIGN FOR "TAO YUAN" RESTAURANT; 903 LINCOLN
AVENUE.; HAROLD HELLER, OWNER; STEPHEN ABBOTT, REP. & APPELLANT;
AP 11-273-11 (P1) - File 10-4
Mayor Mulryan declared the public hearing opened.
City Attorney Ragghianti addressed Council giving them the background
on this case. On August 4, 1984, the Planning Commission unanimously
denied a variance request by Mr. Heller, owner of the Tao Yuan
Restaurant allowing for an existing off-site free-standing sign at
the rear of the restaurant. The sign sits on an adjacent property
owned by Mr. Kotoff. Mr. Kotoff has demanded that the sign be
removed from his property. Mr. Heller has refused and subsequently
sued Mr. Kotoff and obtained a preliminary injunction prohibiting
the removal of the sign. This matter is now pending trial, and the
City of San Rafael is not a party to that litigation.
The staff report states that in 1976, the free-standing sign was
approved as the Posiden Restaurant sign by the Planning Commission.
The application was for a "sign adjustment" rather than for a variance
from the City's sign ordinance, specifically, a "sign adjustment
for an alternate location". Mr. Heller was listed as the owner.
Planning Commission Minutes of August 10, 1976 which showed that
Mr. Heller is the owner also cites that there was some confusion on
either the staff and/or the Planning Commission if this was true.
Also, there was a statement that the assessment did not show that he was
in fact the owner. At that time, the Planning Commission voted 5-1
to approve the sign "not for an off-site sign" but for an "alternate
location permitted on-site sign", indicating that the Planning
Commission felt they were working with the sign which was located
on property the Applicant, Mr. Heller,indicated was his.
SRCC MINUTES (Regular) 12/17/84 Page 2
SRCC MINUTES (Regu- 2) 12/17/84 Page 3
Mr. Kotoff stated he was unaware that the application was made and only
recently became aware of the sign when he occupied his property at
808 Third St. In July 1983, the Tao Yuan Restaurant leased the
premises from Mr. Heller and applied for two signs on the front of
Lincoln Avenue which were approved.on July 29th. Tao Yuan did not
apply for a permit for a rear sign located on Mr. Kotoff's property.
The Posiden sign was changed by the owners of the Tao Yuan to
advertise their restaurant without a permit approval. The City did
advise Tao Yuan that the rear sign was in violation of the City's
Municipal Ordinance. The owner filed a request for a variance and
the Planning Commission denied it, -and he has appealed to Council.
Staff believes that Mr. Heller has been instructed by the Superior
Court that he come to the City and attempt to exhaust his adminis-
trative remedies regarding litigation with Mr. Kotoff. The Applicant
also raised the issue of Estoppel which is premised on the fact that the City
granted the sign approval in 1976, and cannot now be permitted to seek
the removal of the sign. If the Planning Commission knew that the
sign was on Mr. Kotoff's property, and approved the adjustment, their
act could not have been pursuant tothe San Rafael Ordinance, for an
adjustment would not have been permitted under the sign ordinance.
Staff concludes that the basis for approving the sign in 1976 was
on material misrepresentation, namely that the Applicant, Mr. Heller,
owned the property on which the sign was located,which was not true.
The subject of "prescriptive rights" has been raised by the Applicant,
having a "prescriptive easement" in Mr. Kotoff's property to maintain
the sign and to continue leaving it there. City Attorney Ragghianti indicated
that this issue is to be determined by the court and should not be
established by the City Council.
Mr. Steven Abbott, attorney for the Applicant, Mr. Harold Heller,
presented a transcript to Mr. Ragghianti from a hearing by Judge
Broderick, whereby the judge agreed that Mr. Heller is the "prescriptive
owner" of the sign which have been in place since 1971. Mr. Abbott
stated that Mr. Kotoff only recently complained about the sign
because of a personal dispute. Mr. Abbott stated that this is an
"on-site" sign because it is on the property of Mr. Kotoff indicating
that when the sign was approved, nothing was said about Mr. Heller
being the owner. At the time of the application for the sign to be
properly erected or changed, Mr. Heller was then the "prescriptive
owner". Mr. Abbott cites staff not wanting to be in the middle of
a dispute over what legalities constitute ownership yet on the
other hand, denies the appeal because Mr. Heller is not the owner
being that the sign is not on his property.
Mayor Mulryan interjected saying that Council is being advised
that regardless who owns the sign, the sign is located on property
other than the person who owns it, therefore, it is an off-site
sign. Mr. Abbott clarified that legally, what Council must abide
by, is that the space that constitutes the area where the pole is
inserted, and the area above that, to where the sign constitutes
as air space, is the property of Mr. Heller by prescriptive right,
and for the City to step into a neighborhood dispute would be taking
Mr. Heller's property without due process of law and without just
compensation. Mayor Mulryan reminded Mr. Abbott that it is his
understanding that the reason this case is before Council, is that
the court asked the administrative remedies be pursued of which
Mr. Abbott disagreed.
Magor Mulryan inquired of Mr. Abbott if a trial date was set, and
Mr. Abbott responded negatively, indicating he was awaiting the
Council's decision on this matter first.
Mr. KotofffIs attorney, Neil Moran of the Freitas Law Firm, commented
from his letter which was submitted earlier to Council urging them
to uphold the decision of the Planning Commission to deny a variance
to Mr. Heller. Mr. Moran quoted parts of the zoning ordinance, Chapter
14.080.200 defining sites as parcel or parcels and adjoining lots.
Mr. Kotoff objects to the sign being on his property on aesthetic grcunds.
SRCC MINURES (Regular) 12/17/84 Page 3
SRCC MINUTES (Rebalar) 12/17/84 Page 8
City Manager Beyer reported that three people had a choice of going
with either Central Marin Sanitation Agency or the San Rafael
Sanitation District and chose the Central Marin District. An agreement
withthe District to train new people prior to January has been made.
Councilmember Breiner relayed her concern that these people will be
paid through the City of which monies would also be added toward
their retirement and wondered if this was an advantage. City Manager
Beyer responded that this is a part of the employees' benefits but
that this will be looked into with forthcoming new employees in further
negotiations.
Councilmember Frugoli moved and Councilmember Nave seconded to adopt
the Resolution Authorizing the Signing of a Joint Powers Agreement with the San
Rafael Sanitation District for Maintenance of District Owned Facilities.
RESOLUTION NO. 6993 - A RESOLUTION AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH SAN RAFAEL SANITATION DISTRICT
FOR MAINTENANCE OF DISTRICT OWNED FACILITIES
(Joint Powers Agreement)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. STATUS REPORT ON INSTALLATION OF STOP SIGNS ON GRAND AVENUE (PW) -
File 11-9
Public Works Director Bernardi reported that, as directed by Council
on June 18, 1984, stop signs at Palm and Olive, Grand and Belle and
Grand and Acacia Avenues were installed. The location at Grand and
Acacia was on a 6 -month trial basis which have since passed. In
reviewing this matter, two questions needed to be answered, 1) if
the installation of 4 -way stop traffic control and a low volume
intersection was effective to reduce speeding along the major street,
and 2) does such installation have any adverse results. After
several studies, the results were that, with Acacia, the percentage
of vehicles that run through the stop sign is 15% and at Grand and
Mission where there is a 4 -way stop, the percentage is 3%. On Grand
Avenue, mid -block locations show that the 85th percentile speed
was reduced by one mile per hour and there is an increase on Belle
Avenue where there are no stop signs. The 24 hour speed classification
shows a 10% increase in speeds over 39 miles an hour. Staff does
not recommend the signs be removed now because staff will bring plans
back to Council at the first meeting in February, addressing the
congestion that will come up when CalTrans begins its HOV Lane project next
spring, and will include Irwin, Hetherton, Grand, Second, Third and
Fourth Streets.
Councilmember Breiner commented that the City/School Liason
Committee might want to discuss this matter on how the merger with
the High Schools will be affected by the work on Highway 101.
Mayor Mulryan stated that the gridlock problem along Irwin will
become worse and should be addressed vigorously, and police
officers should be there to prevent this situation from happening.
Councilmember Frugoli agreed with Mayor Mulrvan and stated that the
two worse areas on a cross traffic situation are Mission and Irwin and
Second and Irwin. Mayor Mulryan asked Police Chief Ingwersen to look
into this situation and report back to Council.
Council accepted the staff's recommendation without motion, to have
speed enforcement efforts continue along Belle Avenue to control
speeding trends on that street; that no specific action is recommended
for the stop signs at Grand/Acacia at this time and that a compre-
hensive traffic control plan that responds to congestion expected
during the construction of the Highway 101 HOV lane to be brought
to the Council in early 1985.
SRCC MINUTES (Regular) 12/17/84 Page 8
SRCC MINUTES (Regu-ar) 12/17/84 Page 9
14. STATUS REPORT ON "USED CAR LOT" ON LUCAS VALLEY ROAD (PW) - File 13-9
Public Works Director Bernardi reported that in continued discussions
with the County of Marin re ordinance revisions concerning parking
vehicles within County right-of-way, the County Public Works' staff has been
working with the County Counsel's office but to date there is no report.
Mr. Bernardi stated that in discussing the possibility of annexing the section of
Lucas Valley Road between Los Gamos Drive and Las Gallinas Avenue, some
financial obligations would have to be taken over from the County such as
maintenance of the signal at Las Gallinas and Lucas Valley at $1,500
per year; the County's responsibility to fund 25% of the signalization
at Los Gamos and Lucas Valley amounting to $25,000; the maintenance
of Lucas Valley Road including the drainage facility on the South
side at $7,500 per year, and additional enforcement of traffic laws
and accident response and investigation.
Councilmember Russom inquired of Mr. Bernardi if the County had any
time frame as to when a revised ordinance will take place and Mr.
Bernardi replied. that a letter had been sent to the County several
months ago on this issue and to date the County has not responded with
an answer to when the ordinance will be completed. City Manager Beyer
interjected that the County is working with the County Counsel's office
to require encroachment permits into the right-of-way on the part of
vendors and then denying use of the area for "used car lots".
Councilmember Frugoli indicated that, if this is enforceable under State
Vehicle Code violation, where it is not allowed to have cars for
sale on a County road, it would facilitate what they are looking
for in getting rid of the cars being sold on the side of the road.
City Manager Beyer directed Mr. Bernardi to look into this.
Mayor Mulryan asked staff to bring this item back to Council on
January 7, 1985.
15. PURCHASE AGREEMENT RE OPEN SPACE DISTRICT - SUN VALLEY (AP 177-240-14
and 20) _ (CM) - File 4-13-69 x 13-14-1
(Councilmember Frugoli left the meeting)
City Manager Beyer reported that this is a follow-up to an action
taken by the Council in July, at which time a Joint Powers Agreement
was entered into with the Marin County Open Space District to
acquire several parcels in the Sun Valley Open Space. It was
assumed that the residents in the area would pick up 50% of the cost
and the City's commitment along with the Open Space District was not
to exceed $325,000. A year ago the Trust for Public Lands purchased
the parcel. The Purchase Agreement provides for the City and the County
Open Space District paying $188,000 for the 42.83 acres, with the City's
share being $94,000. An Amendment to the Joint Powers Agreement
will be brought back to Council in January extending the time for
several months because the process was delayed in anticipation of
what Proposition 36 would cause, and also, a petition will be circulated
after the first of the year.. Councilmember Russom inquired whether the
City would consider buying more property in the event the petition drive is not
successful and Mr. Beyer responded that it is not recommended that
the City buy more land. Options to purchase are being negotiated that have
fixed prices but Mr. Beyer indicated he does not know the cost of other parcels
for purchase prior to the assessment district being formed.
RESOLUTION NO. 6994 - RESOLUTION AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH MARIN COUNTY OPEN SPACE
DISTRICT TO PURCHASE 42.83 ACRES OF LAND
IN SUN VALLEY FROM THE TRUST FOR PUBLIC
LANDS, AND ACCEPTING CORPORATION GRANT DEED
AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
SRCC MINUTES (Regular) 12/17/84 Page 9
SRCC MINUTES (Regu-Lar) 12/17/84 Page 10
(Councilmember Frugoli returned to the meeting)
16. REPORT ON RESIDENTIAL BUILDING REVIEW PROCESS (PW) - File 91-3-32
Public Works Director Bernardi reported that after reviewing the
Residential Building Review process, staff was concerned about what
they wanted the program to do for them and how the internal process
would accommodate that goal. Staff recommended some ways to improve
the effectiveness of this program, directing Council to #5 of the report
that the information required by the ordinance is not enforceable
and only required that statements be made about non -conformities,
and that follow-up is minimal unless it is life threatening.
Mr. Bernardi indicated that 1) a number of illegal units slipped
through and as a result, the City was stopped from enforcing the
zoning ordinance; 2) since the ordinance does not require mandatory
conformance, the staff is not sure if the items have been corrected
and therefore are not in a position to accurately assess the health of the
housing stock and 3) changes in the law whereby the statements in
the return card and the report itself needed some modifications.
Mr. Bernardi inquired of Council that,if the answer to the first
question is a reflection of Council's feelings, it would be appro-
priate for Council to make modifications to the ordinance requiring
a followup procedure to be adopted insuring whatever non -conformities
noted would be corrected.
Councilmember Breiner asked if this program would be in coordination
with the Planning Department and Mr. Bernardi responded that most
of the work would be done by an inspector and the Planning Department
enters when plans need to be looked up for zoning information, and
also, code enforcement would be involved when illegal units are
discovered and a followup is required.
After discussion, Council authorized staff without motion, to make the
necessary changes to the forms as recommended; Ordinance not to be
changed.
17. REQUEST BY SPINNAKER POINT HOMEOWNER'S ASSOCIATION TO TAKE OVER
THE MAINTENANCE OF LANDSCAPING NEXT TO PHASE III (PW) - File 5-1-264
City Manager Beyer indicated that a request has come from Air. Bob T�offmann,
president of Spinnaker Point Homeowners' Association, to allow them to take
over maintenance of the landscaping adjacent to Phase III. Councilmember
Russom asked that Developer be required to upgrade area as indicated in Public Works'
report, and Mayor Mulryan concurred with this request.
After discussion, Council, without motion: 1) authorized staff
to draft a letter for Mayor's signature to Developer (Dennis Horne)
to request that the area be improved to the City's satisfaction;
and 2) approved request by Spinnaker Point Homeowners' Association
to take over the maintenance of landscaping next to Phase III,as
requested.
18. AMENDMENT OF FISCAL AGREEMENT WITH THE SAN RAFAEL REDEVELOPMENT
AGENCY, COUNTY OF MARIN, SAN RAFAEL ELEMENTARY SCHOOL DISTRICT
SAN RAFAEL HIGH SCHOOL DISTRICT AND MARIN COMMUNITY COLLEGE DI6TRICT
RE TAX INCREMENT FINANCING FOR THE SAN RAFAEL REDEVELOPMENT AGENCY
(CM) - File 4-16-7 x (SRRA) R-5, 6' & 7
RESOLUTION NO. 6995 - RESOLUTION AUTHORIZING THE SIGNING OF AN
AGREEMENT- AMENDMENT NO. 1 TO ThE FISCAL
AGREEMENT BETWEEN THE SAN RAFAEL REDEVELOPMENT
AGENCY, COUNTY OF MARIN, SAN RAFAEL ELEMENTARY
SCHOOL DISTRICT, SAN RAFAEL HIGH SCHOOL DISTRICT
AND MARIN COMMUNITY COLLEGE DISTRICT RE: TAX
INCREMENT FINANCING FOR THE SAN RAFAEL
REDEVELOPMENT AGENCY
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 12/17/84 Page 10
SRCC MINUTES (Regular) 12/17/84 Page 11
19. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Mayor Mulryan and Councilmembers complimented staff on the report
as presented and in particular, the Brown Act portion.
Staff report was accepted without motion.
City Manager Beyer indicated that he will bring back a further
report in January 1985 relating to the planning and zoning issues
that were dealt with by the Legislature.
20. RESOLUTION OF APPRECIATION - MICHAEL MITCHELL, RETIRING AUDITOR -
CONTROLLER, COUNTY OF MARIN (Fin) - File 102
RESOLUTION NO. 6996 - RESOLUTION OF APPRECIATION TO MICHAEL MITCHELL
RETIRING December 28, 1984 AFTER 33 YEARS OF
SERVICE TO THE CITIZENS OF MARIN COUNTY, 22
YEARS AS THE COUNTY AUDITOR/CONTROLLER
AYES: CUUACILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council meeting was adjourned to the next regular City Council
meeting on January 7, 1985.
J E A �-L CINI,ty Clerk
APPROVED THIS DAY OF 1985
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/17/84 Page 11