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HomeMy WebLinkAboutCC Minutes 1986-02-18SRCC MINUTES (Regular) 2/18/86 Page 1 In Conference Room 201 of the City of San Rafael, Tuesday, February 18, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a. No. 86-6(a) - #2; No. 86-6(b) - #2; No. 86-6(c) - #2. No action was taken. In the Council Chambers of the City of San Rafael, Tuesday, February 18, 1986 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary L. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini, City Clerk; Gary Ragghianti, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Special and Regular Meetings of February 3, 1986 and Special Meeting of February 11, 1986 (Closed Session) (CC) 3. Acceptance of Grant Deed of Shoreline Park Parcel - Spinnaker Point Unit 4 (PW) - File 5-1-279 4. Approval of Final Map - Meadow Oaks Unit Five (PW) - File 5-1-275 5. Resolution Approving Second Amendment to Agreement of Marin Street Light Acquisition Joint Powers Authority (PW) - File 4-4-6 x 11-4 8. Resolution of Appreciation - Captain Charles Steward Brobeck, Police Department - File 102 x 9-3-30 9. Claim for Damages - Recommended Action Approved as submitted. RESOLUTION NO. 7288 - ACCEPTING CONVEYANCE OF SHORELINE PARK PARCEL - SPINNAKER POINT UNIT 4 (Parcel "E") RESOLUTION NO. 7289 - APPROVING FINAL SUBDIVISION MAP OF MEADOW OAKS UNIT 5 RESOLUTION NO. 7290 - AUTHORIZING THE SIGNING OF AN AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY (SECOND AMENDMENT) RESOLUTION NO. 7291 - FOR CAPTAIN CHARLES STEWARD BROBECK (resigned after 22 Years of Service with the San Rafael Police Department) (There were no claims received.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 2/18/86 Page 1 SRCC MINUTES (Regular) 2/18/86 Page 2 6. RESOLUTION EXTENDING AGREEMENT FOR SHEEP GRAZING (PW) - File 4-10-158 Councilmember Breiner inquired when the last investigation was made by the range land specialists, and Public Works Director Bernardi replied that investigations are done four times per year. Mr. Bernardi was directed to ask Shepard Donald Mills not to have fences put up for long periods of time next to the roads where traffic is heaviest. RESOLUTION NO. 7292 - RESOLUTION EXTENDING THE AGREEMENT WITH DONALD MILLS FOR THE GRAZING OF SHEEP IN TERRA LINDA OPEN SPACE LANDS (to February 6, 1987). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. REPORT ON ABANDONED VEHICLES (PD) - File 13-9 x 9-3-30 Councilmember Nave asked Police Chief Ingwersen if the cars are in fact all abandoned vehicles, and Police Chief Ingwersen responded that they were. Councilmember Nave moved and Councilmember Breiner seconded, to approve the staff report on the issues surrounding stored and abandoned vehicles. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. SPECIAL PRESENTATION - File 9-3-30 Mayor Mulryan presented Captain Charles Brobeck with a Resolution of Appreciation after 22 years of service to become Chief of Police with the Novato Police Department. 11. PUBLIC HEARING - CONSIDERATION OF REQUEST BY MARIN SANITARY SERVICE FOR AN INCREASE FOR REFUSE COLLECTION SERVICE WITHIN THE CITY OF SAN RAFAEL, AND TO CONSIDER A REQUEST BY MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION FOR AN INCREASE FOR THE CURBSIDE RECYCLING PROGRAM (Fin) - File 4-3-32 x 13-2 a. ADOPTION OF RESOLUTION OF INCREASING GARBAGE RATES. Mayor Mulryan declared the public hearing opened. Finance Director Coleman stated that Marin Sanitary Service had requested a 3% increase per month for garbage rates, and after review of their financial position, it was concluded that the increase is reasonable. Rate of return and the return on equity and rate base were reviewed, as well as another factor used by the public utilities of comparing operating revenues and expenditures. In comparing the new rate with other cities, the increase is comparable. Mr. Coleman also commented that during the latter part of the year, the San Quentin Dump will close and the opening of the new transfer station by Marin Sanitary Service will take place. He noted that in about a year from now these factors will again be looked at by Marin Sanitary Service. Albert Bianchi, Attorney representing Marin Sanitary Service, stated that although he had no comments to add to the report, representatives of Marin Sanitary Service were present to answer any questions. There being no further comments, Mayor Mulryan closed the public hearing. SRCC MINUTES (Regular) 2/18/86 Page 2 SRCC MINUTES (Regular) 2/18/86 Page 3 RESOLUTION NO. 7293 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH MARIN SANITARY SERVICE (Fifteenth Amendment) (Increase of garbage rates by 3% per month, effective March 1, 1986) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. ADOPTION OF RESOLUTION INCREASING CURBSIDE RECYCLING SURCHAGE Mayor Mulryan opened the public hearing. Finance Director Coleman stated that the the program has fluctuated with the price of recyclable materials. The surcharge for the recycling program is currently $.40 per month which was from one and one half years ago. Prices for recyclable materials have declined, and in order for the program to continue, Marin Recycling is asking for an increase from $.40 to $.60 per month effective March 1, 1986. Based on current prices, in order to continue the recycling program, a $.60 per month charge is reasonable at this time. There being no further comments, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7294 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH MARIN SANITARY SERVICE AS AGENT FOR MARIN RECYCLING AND RESOUCE RECOVERY ASSOCIATION (16TH AMENDMENT TO AGREEMENT) (Effective March 1, 1986 - increase from $.40 to $.60 per month). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - HOUSING CONSERVATION ORDINANCE (P1) - File 13-16 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that in November 1985, City Council directed staff to draft an interim ordinance to conserve housing in the downtown area, and that at the January 6, 1986 meeting, Council reviewed the urgency ordinance and continued the item to allow notice that Council was considering two approaches to conserve housinq, either by overlay or amendment of the General Provisions Section of the San Rafael Zoning Ordinance. Ms. Moore then covered the need to conserve housinq, options for control, and zoning districts beyond downtown and citywide, and recommended that the Ordinance not apply to owner elimination of previously approved second dwelling units; also that necessary measures required to abate illegal dwelling units not be subject to these controls. She indicated that staff will be conducting a study during the General Plan revision and subsequent modifications to the Zoning Ordinance covering: - Specific policies to preserve and enhance housing downtown; - Resolution of apparent General Plan/Zoning map inconsistencies along the north side of the Miracle Mile, the south side of Woodland Avenue, and on Grand Avenue and Mary Street north of Fourth Street; - Zoning Ordinance text amendments to delete as permitted uses (through use permit approval) office uses in the R-3 District and residential uses in the M District and any rezonings necessitated thereby; - Downzoning of the Latham Street Neighborhood from R -3-N to R -2-N or R -1-N. SRCC MINUTES (Regular) 2/18/86 Page 3 SRCC MINUTES (Regular) 2/18/86 Page 4 Staff recommended the following findings for approval of use permits for demolition/conversion: (1) There is a clearly established need to replace the existing housing stock with other residential or proposed retail, service or office use. (2) When residential use is to be discontinued, the site's minimal long-term viability for residential use has been clearly established. (3) Rehabilitation for residential use in comparison to the proposed alternative is not practically feasible. (4) Where displacement occurs, mitigation has been required. Councilmember Nave stated that he preferred that Council consider remaining with the downtown area only, indicating he was against over- regulation. Councilmember Breiner questioned whether Council has the ability to require that a replacement fund be set up in the event developer wishes to demolish some units and the draft study on housing has not been finalized. Ms. Moore responded that the City would be hampered without an Ordinance adopted by the City requiring mitigation. However, when dealing with applicants, staff has been able to work out a reasonable mitigation acceptable to the City, and if not, the Planning Commission and City Council have the option to consider if the merits of the project overcome the loss of the residential units involved. Councilmember Frugoli stated that staff should have a map or overlay of the areas the City considers as prime housing. Councilmember Russom indicated that the Ordinance should cover the non - downtown area as well. Ms. Moore stated that staff can only employ the existing Housing Element policy if there is a discretionary permit before the City. Mrs. Anise Turina, EAH Board of Directors representative, stated that EAH strongly supports the Ordinance and commended the Council for implementing the Housing Element. Mr. Stan Ott of EAH also stated that he wished to compliment the City staff for a job well done. There being no further comments, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7295 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE TO AMEND TITLE 14 (ZONING) OF THE MUNICIPAL CODE TO CONSERVE HOUSING BY ADDITION OF SECTIONS 14.44.020.II.e, 14.47.020.II.f, 14.56.025.n AND 14.75.020.1 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, (ZONING) BY ADDING SECTIONS 14.44.020.II.e, 14.47.020.II.f, 14.56.025.n AND 14.75.020.1 FOR THE PURPOSE OF CONSERVATION OF HOUSING" SRCC MINUTES (Regular) 2/18/86 Page 4 SRCC MINUTES (Regular) 2/18/86 Page 5 Councilmember Briener moved and Councilmember Russom seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1526 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - Z81 -2(B) AMENDMENT TO P -D ZONING AND ALTERNATIVE AFFORDABLE HOUSING AGREEMENT FOR GROVE HILL SUBDIVISION; RIVER OAKS RD. AND JENSEN WAY; AL VON DER WERTH, OWNER; AMERICAN SAVINGS, REP.; AP10- 221-29 THRU 34 AND 10-232-42 THRU 61 (Pl) - File 5-1-269 x 13-16 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that modifications to the P -D Zoning and subdivision approval of Grove Hill are requested because applicant and staff concluded that the original below market rate requirement imposed on the project cannot be implemented. Ms. Moore noted that the Grove Hill project is an 18 residential unit project which included 14 single family dwellings and four duplex units. The four duplex units were to be the below market rate units being offered to the Marin Housing Authority or another non-profit housing sponsor and priced at the cost of construction. The condition necessitating change is condition P-1, under the original tentative map approval, which required that the applicant agree to deliver four 800 square foot units as part of the project at cost of construction with no land/architectural cost. The unitswere to be sold through the Marin Housing Authority or other approved housing authority with the City having the first right of refusal. Due to a conflict in pricing the duplex units, the applicant proposed an alternative to meet the initial affordable housing requirements by consolidating the four duplex lots into two standard single family lots. In lieu of the four duplex units on site, the applicant offered four condominium units at the Captain's Cove project in the Smith Ranch area which are currently marketed at $85,000 per unit. The applicant committed to sell these condominiums at $65,000 per unit, making the units affordable to household earning 95% of the median income, assuming 10 and 1/2 percent interest. This is within the moderate income affordability range. Mr. Al von der Werth, Applicant, answered question posed by Councilmember Russom as to why construction cost was high by stating that part of the reason was due to the on and off-site improvements and in keeping the houses looking similar to the surrounding units. Mr. von der Werth noted that if an agreement can be reached tonight, the Housing Authority could begin the sale of the four units at Captain's Cove immediately. However, if the units needed to be built, they would not be available until July or August and may be affected by any increased interest rates. Mayor Mulryan commended Mr. von der Werth for his innovative approach to the matter. Mr. Joel Neecke, President of Neighborhood 13 Association commented that he did not dispute the figures on the cost of construction, but he stated that the alternatives proposed by their Association were brought about because he was told by Mr. John Wilson-Bugby of (EAH) Ecumenical Association for Housing that the units could be constructed for considerably less cost per square foot than the calculations used in the Planning Department, and that they wanted to have the units built in their neighborhood. There being no further comments, Mayor Mulryan closed the public hearing. Councilmember Breiner expressed concern about the initial high cost of the units and the elimination of the units from the neighborhood. SRCC MINUTES (Regular) 2/18/86 Page 5 SRCC MINUTES (Regular) 2/18/86 Page 6 Councilmember Russom suggested that in future planning, the City should be careful in the composition of the agreement on affordable housing, that it is not hinged on the cost of building, but on some basis where they are guaranteed to be supplied regardless of construction cost. RESOLUTION NO. 7296 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENT TO P -D ZONING AND ALTERNATIVE AFFORDABLE HOUSING AGREEMENT FOR GROVE HILL AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & 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) TO P -D (PLANNED DEVELOPMENT) DISTRICT (Grove Hill)" 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 and pass Charter Ordinance No. 1527 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7297 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH AMERICAN SAVINGS AND LOAN/AL von der WERTH AND HOUSING AUTHORITY OF THE COUNTY OF MARIN INVOLVING PROVISIONS FOR BELOW MARKET RATE RESIDENTIAL UNITS, (Re Grove Hill Subdivision Mitigation Off -Site) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING THE TEXT OF PROPOSED FORTUNE-TELLING USES (CA) - File 146 x 10-1 Mayor Mulryan declared the public hearing opened. City Attorney Ragghianti stated that the proposed Urgency Ordinance was presented to the Planning Commission on January 14, and at that time, no one spoke against the Ordinance or suggested any modifications. The Ordinance seeks to treat fortune-telling after the "Azusa" decision as a personal service permitted in all C -Zones, requires a use permit in the C-1 Zone and will not permit it in residential zones nor as a home occupation. He pointed out that a 4/5ths vote was required to adopt an Urgency Ordinance. Mr. Ragghianti also stated that the City Attorney's Office had no objection to a request made by the Police Department for an addition to Section 8.12.053 (A) (1), and recommended it be included as follows: "The applicant is on parole or probation for, or who has completed a sentence for, a felony, or any offense involving the use of force or violation upon the person of another, or any offense involving theft by fraud, deceit, false pretenses, or trick or device within the five year period immediately preceding the date of application". Police Chief Ingwersen explained that the addition was made so that a person who, for example, has just completed a six year term in prison, could be denied a permit based on this conviction. This change would start the five year period at the end of the termination of the sentence instead of at the date of conviction. SRCC MINUTES (Regular) 2/18/86 Page 6 SRCC MINUTES (Regular) 2/18/86 Page 7 Deputy City Attorney Casey responded to an inquiry made by Councilmember Russom as to the clarification of the "Scott" amendment, Section 14.08.070, stating that Planning Commissioner Scott had suggested that the method of treating fortune-telling as a personal service be clarified, and a general blanket coverage was decided to be in the definition. This means that fortune-telling would not need to be included in other ordinances defining personal services. There being no further comments, Mayor Mulryan closed the public hearing. Councilmember Breiner brought attention to page 3 of the Ordinance, Item 8.12.053 (a) (1) should follow item (b) and renumbering should be done so there would be three items under letter (a). RESOLUTION NO. 7298 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENTS TO THE MUNICIPAL CODE CONCERNING FORTUNE-TELLING (Z85-22) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 8.12.050 ENTITLED 'FORTUNE-TELLING PROHIBITED', OF CHAPTER 8.12. OF TITLE 8 AND ADDING SECTIONS 8.12.051, 8.12.052, 8.12.053, 8.12.054, 8.12.055, 8.12.056, 8.12.0571 8.12.058, 8.12.059 AND 8.12.060; AMENDING TITLE 14 'ZONING' SECTIONS 14.08.070 AND 14.74.060, AND ADDING SECTION 14.75.020 (m)" Councilmember Breiner moved and Councilmember Russom seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1528 to print, as amended, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7299 - RESOLUTION TO SET THE APPLICATION FEE FOR FORTUNE- TELLING PERMITS (at $300.00) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. COUNTY REQUEST TO RESCIND RESOLUTION ENDORSING NORTH SAN RAFAEL POLICY PLAN (P1) - File 210 Planning Director Moore stated that Council previously approved by a 3-2 vote, a Resolution of Intent to Amend the General Plan. There have been additional hearings with the County Planning Commission resulting with the Chairman of the Board of Supervisors writing to the Mayor and Council asking that Council rescind the Resolution, stating that, 1) the Highway 101 Corridor plan work that is ongoing supercedes what has been done to date in the North San Rafael area; 2) new population, employment and housing projections by ABAG show trends in the County that were not considered in developing this plan and, 3) the plan's budget did not allow preparation of an Environmental Impact Report; which meant that some very difficult environmental issues, e.g. development in bayfront areas, were not properly addressed. Councilmember Nave moved and Councilmember Russom seconded, approving staff recommendation to refer this item back to the Planning Commission. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 2/18/86 Page 7 SRCC MINUTES (Regular) 2/18/86 Page 8 16. REPORT ON BID OPENING/AWARD OF CONTRACT - FIRE STATION NO. 1 AND POLICE SERVICES RENOVATION PROJECT (CM) - File 4-1371 x 9-3-31 x 9-3-30 City Manager Nicolai stated that the bids came in close to the architect and engineer's estimates, however, bids are substantially over what the City has from Revenue Sharing and other sources for this project. In following up on the Redevelopment report, staff is recommending rejecting all bids, requesting authorization to re -bid the Fire Department segment and relocation of the emergency generator, and carry out the incremental improvements in the Police Department on a temporary basis. Councilmember Breiner moved and Councilmember Nave seconded, to adopt Resolution rejecting all bids and authorizing staff to re -bid the project, including only the renovation of Fire Station #1 and the relocation of the emergency generator, and including carrying out the incremental improvements in the Police Department on a temporary basis. RESOLUTION NO. 7300 - RESOLUTION REJECTING BIDS FOR PROJECT ENTITLED "CITY OF SAN RAFAEL FIRE STATION NO. 1 AND POLICE SERVICES RENOVATION" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. POLICE UTILITY PATROL BOAT (PD) - File 4-2-203 x 9-3-30 a. REPORT ON BID OPENING AND AWARD OF BID b. RESOLUTION TO ALLOW AMENDMENT OF CONTRACT WITH STATE OF CALIFORNIA RE FUNDS FOR BOAT - File 4-10-72 x 9-3-30 Police Chief Ingwersen indicated that requests for bids had been sent to over 40 vendors throughout California and other states after revisions were made to the specifications. Only one bid was received that met the specifications for the utility patrol boat, from Modutech Marine, Inc. of Tacoma, Washington. After discussion, Council agreed to purchase the boat with a diesel engine instead of a gasoline engine because of the safety aspect. RESOLUTION NO. 7301 - RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) UTILITY PATROL BOAT UTILIZING EQUIPMENT REPLACEMENT FUNDS (WITH DIESEL ENGINE) (Amount of $116,600 from Modutech Marine, Inc.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7302 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, FIRST AMENDMENT TO EQUIPMENT AND OPERATION CONTRACT #84-33-175-49 (WHICH PROVIDES FUNDS TOWARD THE PURCHASE OF THE POLICE UTILITY PATROL BOAT), EXTENDING CONTRACT TO AUGUST 9, 1986 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT (PW) - File 6-36 Pubic Works Director Bernardi stated that the actions to be taken were prepared by Bond Counsel Daniel Bort, who indicated that the Second Amended Cost Estimate had changes made which were previously discussed with Mr. Bernardi and submitted to the City Clerk just before the meeting. Mr. Bort noted that because of the decrease in interest rates, the assessment amounts will also decrease as the bonds are expected to be sold at a lower interest rate. SRCC MINUTES (Regular) 2/18/86 Page 8 SRCC MINUTES (Regular) 2/18/86 Page 9 a. SECOND AMENDED COST ESTIMATE AND ASSESSMENT ROLL. FILED. b. RESOLUTION NO. 7303 - RESOLUTION APPROVING SECOND AMENDED COST ESTIMATE AND ASSESSMENT ROLL (Sun Valley Open Space Assessment District) AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None C. PAID AND UNPAID LIST. FILED. d. RESOLUTION NO. 7304 - RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID (Sun Valley Open Space Assessment District) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None e. RESOLUTION NO. 7305 - RESOLUTION AUTHORIZING ISSUANCE OF BONDS (Sun Valley Open Space Assessment District) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. RESOLUTION NO. 7306 - RESOLUTION ORDERING SALE OF BONDS (Sun Valley Open Space Assessment District) (to Wulff Hansen & Company) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 After discussion, Councilmember Frugoli moved and Councilmember Russom seconded, to accept the report and take the following actions: OPPOSED AB 190 (Floyd) Peace Officer Time Bank. OPPOSED SB 1398 (Dills) Compulsory and Binding Arbitration for Peace Officer and Firefighter Labor Negotiations. SUPPORTED SB 367 (Foran) Transportation Finance. SUPPORTED SCA 12 (Foran) Motor Vehicle Fuel Revenues: Expenditures. NO ACTION on SB 1538 (Marks) Liability Insurance "Assigned Risk Program". AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council took no action on adoption of a resolution Re Seat Belts being mandatory in school buses as requested by the City of Long Beach. Instead, staff was authorized to send a letter to the Long Beach City Council expressing conerns: a) Await results of State testing procedure for the safety of seat belts; b) That installation of seat belts in buses would be State mandated locally without State funding. ADD ITEMS 1. TEMPORARY STREET CLOSURE ON ANDERSEN DRIVE FOR FILMING BY LUCASFILM - File 11-19 Police Chief Ingwersen asked for authority to have a temporary street closure on Andersen Drive for filming by Lucasfilm to take place before the next Council Meeting (Thursday, February 20, 1986). The hours are between 6:PM and 6:AM. SRCC MINUTES (Regular) 2/18/86 Page 9 SRCC MINUTES (Regular) 2/18/86 Page 10 Council granted authority for the temporary street closure and directed staff to have this monitored while filming. 2. STORM - FEBRUARY 1985 - STATE OF EMERGENCY - File 205-B Mayor Mulryan stated he had declared the City of San Rafael to be in a State of Emergency situation on February 17, 1986 and complimented the Public Works, Fire Department and Police Department for the fine work done as a team during the rainstorms. There being no further business, the meeting was adjourned. JE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1986 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/18/86 Page 10