HomeMy WebLinkAboutCC Minutes 1986-05-05SRCC MINUTES (Regular) 5/5/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, May 5, 1986 at
7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 86-11(a) - (#2); No. 86-11(b) - (#2); No. 86-11(c) - (#1) Russell
vs. City of San Rafael; No. 86-11(d) - (#2); No. 86-11(e) - (#2).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, May 5, 1986 at
8:00 PM.
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: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini,
CiLy Clerk; Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Russom moved and Councilmember Frugoli seconded, to approve
the following items on the Consent Calendar:
Item Recommended Action
3. Kerner Boulevard Assessment
District: (PW) - File 6-35
a. Report on Bid Opening and a. RESOLUTION NO. 7338 -
Award of Contract - Kerner AWARD OF CONTRACT FOR KERNER
Boulevard Extension Assess- BOULEVARD EXTENSION ASSESSMENT
ment District Landscape DISTRICT LANDSCAPE IMPROVEMENTS
Improvements (to Bauman Landscape, Inc., low
bidder, in amount of $129,860)
b. Adopt Resolutions Accepting b. RESOLUTION NO. 7339 - ACCEPTING
Landscape Easement and GRANT OF LANDSCAPE AND ACCESS
Accepting Conveyance of EASEMENT AT THE END OF PELICAN
Wetlands WAY (FROM REID CORPORATION)
RESOLUTION NO. 7340 - ACCEPTING
CONVEYANCE OF REAL PROPERTY
LOCATED IN SAN FRANCISCO BAY
ADJACENT TO AND NEAR PELICAN WAY
IN SAN RAFAEL (FROM HORST &
IRENE HANF & WM. H. & ILSE C.
POESCHL)
4. Resolution of Findings Re Appeal RESOLUTION NO. 7341 - CITY COUNCIL
of 1050 Fourth Street (New (IN ITS CAPACITY AS BOARD OF
Horizons Savings and Loan APPEALS) GRANTING APPEAL FROM STATE
Association) (PW) - File 13-1-1 ACCESS REQUIREMENTS - 1050 FOURTH
%STREET (NEW HORIZONS SAVINGS AND
LOAN ASSOCIATION)
5. Council Authorization to Set Up Approved staff recommendation,
a Donor/Membership Program for authorizing staff to initiate a
Falkirk (Lib/Cult.Affs) - Falkirk Membership Program to
File 8-24 x 9-3-61 begin with a Charter Membership
Drive in May & June of 1986.
SRCC MINUTES (Regular) 5/5/86 Page 1
SRCC MINUTES (Regular) 5/5/86 Page 2
7. Resolution of Denial Without
Prejudice for Loch Lomond Unit
#10, A 30 Lot Subdivision; Las
Casas Ave., Inverness Dr.,
Fernlea Properties, Inc., Owner;
Oberkamper & Assoc., Rep.;
Loch Lomond Homeowners Assn.,
Appellant (Pl) - File 5-1-297
8. Acceptance of Resignation of
Fire Commission Chairman
Leonard Fisher and Appointment
of New Fire Commissioner
Jeremiah Sweeney (FD) -
File 9-2-5
9. Approval of Subdivision Final
Map - Marin Bay Park (PW) -
File 5-1-302
10. Status Report on Community
Development Block Grant (CDBG)
Funding (CM) - File 147
11. Legislation Affecting San Rafael
(CM) - File 9-1
12. Claims for Damages:
a. Donald M. Frailey (PD) -
File 3-1-1062
b. Francis T. Fahy (PW) -
File 3-1-1073
C. Eugenie R. Yaryan (PW) -
File 3-1-1085
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7342 - RESOLUTION
UPHOLDING AN APPEAL AND DENYING
WITHOUT PREJUDICE APPROVAL OF A
TENTATIVE MAP TIME EXTENSION FOR
THE LOCH LOMOND UNIT #10 SUBDIVISION,
A 30 LOT SUBDIVISION LOCATED NORTH
OF LAS CASAS AVENUE AND INVERNESS
DRIVE (AP 186-031-02 & 06 and 186-
520-17 & 18)
Accepted resignation of Fire
Commission Chairman Leonard Fisher
and appointed new Fire Commissioner
Jeremiah Sweeney; term to expire
end of March 1987.
RESOLUTION NO. 7343 - APPROVING
FINAL MAP OF SUBDIVISION ENTITLED,
"MARIN BAY PARK"
Accepted staff report.
SUPPORTED PROPOSITION 46 - Restor-
ation of General Obligation Bond
Authority.
SUPPORTED PROPOSITION 47 -
Guaranteeing the Vehicle License
Fee as a Local Government Revenue
Source.
SUPPORTED PROPOSITION 49 - Restor-
ing the Spirit of Non -Partisanship
to Non -Partisan Elections
SUPPORTED PROPOSITION 51 - The Fair
Responsibility Act ("Deep Pocket"
Reform Law)
SUPPORTED AB 3554 - (Hauser) State
"Reinsurance Fund" for Cities
OPPOSED AB 4367 - (M. Waters)
Redevelopment. LAFCO approval. Re -
adoption of Findings.
OPPOSED AB 3174 - (Cortese) Rede-
velopment. Enhanced County Ability
to Challenge Indebtedness.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
Frugoli, Nave, Russom & Mayor Mulryan
SRCC MINUTES (Regular) 5/5/86 Page 2
2.
go
SRCC MINUTES (Regular) 5/5/86 Page 3
APPROVAL OF MINUTES OF REGULAR MEETINGS OF APRIL 7 AND 21, 1986 AND
SPECIAL MEETING OF APRIL 21, 1986 (CC) - File 1-4
Councilmember Breiner pointed out corrections to be made on the Minutes
of April 21, 1986; page 5, item 19, last paragraph, "Although all the
studies prepared to date indicate that the site is probably developable
and the subdivision is probably feasible,..."; and on page 9, fourth
paragraph, change "Eastern portion" to "entire site".
Councilmember Breiner moved and Councilmember Nave seconded, to
approve the Minutes of the Regular Meeting of April 21, 1986, as
amended, and approve Minutes of Regular Meeting of April 7, 1986 and
Special Meeting of April 21, 1986, as submitted.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
REPORT ON BID OPENING AND AWARD OF CONTRACT FOR RENOVATIONS TO FIRE
STATION NO. 1 AND INSTALLATION OF EMERGENCY GENERATOR - File 4-1-371
x 9-3-31
Councilmember Frugoli was concerned about the dispatch console not
being a part of the renovation and that it should be brought up during
the budget hearings.
City Manager Nicolai responded that the Dispatch office is part of the
renovation, including the console.
Councilmember Frugoli moved and Councilmember Nave seconded, to adopt
the Resolution awarding the contract to Cal -Custom Construction.
RESOLUTION NO., 7344 - RESOLUTION OF AWARD OF CONTRACT FOR RENOVATIONS
TO CITY OF SAN RAFAEL FIRE STATION #1 AND
INSTALLATION OF EMERGENCY GENERATOR AT CITY HALL
(To Cal -Custom Construction, Low Bidder, in
Amount of $541,055)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - CONTINUATION OF PUBLIC HEARING RE PROPOSED DOWNTOWN
SAN RAFAEL IMPROVEMENT AREA INCLUDING RESULTS OF POLLING
BUSINESS/PROPERTY OWNERS (RA) - File 224 x (SRRA) R -140-I
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan announced that this was a continuation of the public
hearing held on April 7, 1986, regarding the Downtown San Rafael
Improvement Area.
Assistant Executive Director Ours stated that over 400 votes were
received from the balloting of merchants/property owners in the
proposed area, indicating more opposed than for the formation of the
District. He noted that staff would like to examine this further in
light of the fact that the "Main Street" Program, which the City has
applied for, requires that the proposed Downtown Improvement Area be in
effect.
In light of the negative response, and because Council feels that
there should be improvements to the downtown area, Mayor Mulryan
suggested forming a "Mayor's Committee" which would bring together
people who are interested in the improvement of the downtown area.
Staff was directed to follow through on the suggestion with a list of
names and invitations going out informing them of a meeting to be held
in the near future.
Councilmember Breiner recalled dissension by business people a few
years back when redevelopment was considered for the downtown area, and
that it took a long time for the people to agree that it was
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SRCC MINUTES (Regular) 5/5/86 Page 4
beneficial. She suggested that in the next report, a review time or
sunset provision be made so there would be some way to assess its
effectiveness.
Mr. Norman Richardson, Picturesque Frames in San Rafael, stated that he
was in favor of the Downtown Business Improvement Area.
There being no further comments, Mayor Mulryan closed the public
hearing.
14. RESOLUTION REINSTATING AGREEMENT FOR SUBDIVISION IMPROVEMENTS (OAKWOOD
UNIT NO. 1) AND CONDITIONALLY AUTHORIZING SIGNING OF NEW AGREEMENTS FOR
SUBDIVISION IMPROVEMENTS IN OAKWOOD UNIT NOS. 1, 2, 4 AND 5 (PW) -
File 5-1-244
Public Works Director Bernardi stated that the Resolution covers two
areas: 1) Reinstating Mr. Paul Felton as the Obligee under the
Subdivision agreement passed in December, 1985, where he sold Unit One
and a Resolution was adopted changing the Obligee on the Subdivision
Agreement to Linda Calef. The transaction was not completed, and
although Mr. Felton owns the land, she is obligated to the City to
perform the subdivision improvements until adoption of the new
Resolution. 2) Allows the Mayor and City Clerk to sign the individual
agreements as the various units come up for sale instead of having each
unit brought to Council for approval. This action has been approved by
the City Attorney's office.
RESOLUTION NO. 7345 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL REINSTATING AGREEMENT FOR SUBDIVISION
IMPROVEMENTS AND EXTENDING DATE FOR COMPLETION
OF WORK, OAKWOOD UNIT NO. 1 AND CONDITIONALLY
AUTHORIZING SIGNING OF NEW AGREEMENTS FOR
SUBDIVISION IMPROVEMENTS IN OAKWOOD UNIT NOS. 1,
2, 4 & 5, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. DISCUSSION RE LIABILITY INSURANCE ALTERNATIVES (Fin) - File 9-6-1
Finance Director Coleman recommended to Council that staff be
authorized to participate in the California Joint Powers Insurance
Authority (CJPIA), and if not accepted into that insurance pool, that
the City remain uninsured to evaluate what other options are available.
If accepted into the Superpool, the matter will come back to Council
for adoption. If not accepted, recommendation was made that the City
remain uninsured to continue evaluating other options.
Councilmember Russom was concerned about inverse condemnation, and Mr.
Coleman commented that the Marin JPA is the only group that covers
inverse condemnation and mentioned that he felt the cost would be
prohibitive.
After further discussion, Councilmember Breiner moved and Councilmember
Russom seconded, to approve staff recommendation that Council authorize
participation in the California Joint Powers Insurance Authority
(CJPIA) and to remain self-insured if the City is not accepted, and
that the insurance limit be set at $10 million instead of $5 million
dollars.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. DISCUSSION RE TRANSPORTATION SYSTEMS MANAGEMENT (TSM) COORDINATOR (PW)
- File 11-32 x 11-13 x 11-16
John Rumsey, Assistant Civil Engineer Traffic, presented the staff
report stating that a productive meeting was held resolving issues with
the business community, and indicating they are willing to enter into a
program with the City to work out problems. The proposal made by
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Councilmember Dennis McQuaid of the City of Novato could be beneficial
by having someone working with the business community to help them
structure programs, and giving them information on how peak hour
traffic could be lessened. Mr. McQuaid proposes that the City approach
the Buck Fund jointly with the County and other Cities within the
County and apply for a Traffic Systems Management (TSM) Coordinator.
Councilmember Nave stated that if the City did have a County
Coordinator, that the Board of Supervisors be informed that the City
would want to have a volunteer cooperative type of program and not a
mandatory ordinance.
Councilmember Russom inquired as to who is responsible for the
application to the Buck Fund, and Mr. Rumsey replied that this was not
discussed, but that he would be willing to assist.
Councilmember Breiner informed Council that at the last Countywide Plan
Advisory Committee meeting, it was mentioned that the TSM study being
done by the County would take about 18 months, and the adoption of an
Ordinance would take even longer. Therefore, the letter from
Councilmember McQuaid pointed out there is room for at least some TSM
coordination without an Ordinance, and recommended having someone in
place who could begin working with the community and the businesses by
getting information out to the public countywide.
Councilmember Russom moved and Councilmember Frugoli seconded, to
approve staff recommendation that Council authorize participation in
the joint application to the San Francisco Foundation for a TSM
Coordinator.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. STATUS REPORT ON BELLAM BOULEVARD HOUSING SITE (RA) - File 13-16
Councilmember Breiner voiced her concern about this matter, noting the
staff report indicated that the last major report to Council was
presented in January 1985. She stated that if anything is to be done
with the site, any mitigation measures necessary to take care of the
hazardous materials and the costs would need to be known before trying
to dispose of the property, even in conjunction with the property owned
by the Sanitation District.
Public Works Director Bernardi stated that mitigation measures have
been developed by Eljumaily-Butler, the hazardous waste consultant who
did the analysis along with Don Herzog and Associates, for the City to
follow when the site is ready to be developed. Mr. Bernardi noted that
additional soils studies need to be done relating to the scale of
building intensity, but indicated that to have this work done now would
be premature until it is known how the site is going to be developed.
The mitigation measures have been reviewed by the State Health
Department and have essentially been approved, indicating that it is
acceptable to put housing on the site. At this point, foundation
design criteria needs to be developed, and staff is awaiting the
General Plan and the Neighborhood Plan to be updated.
After further discussion, Councilmember Breiner requested that Council
be informed early on whether affordable housing is feasible on the
site, given the constraints.
18. LETTER FROM BRET HARTE COMMUNITY ASSOCIATION, DATED NOVEMBER 25, 1985,
PERTAINING TO PURCHASE OF LAND FOR OPEN SPACE (IRWIN STREET, OPPOSITE
HAZEL COURT) (Pl) - File 13-14-1
Associate Planner Paul Jensen stated that several months ago, staff was
directed to respond to a letter from the Bret Harte Community
Association wanting to purchase approximately 8 acres of hillside land
above Irwin Street for the use of open space. In 1984, the property
was approved for 13 single family dwellings with an open space easement
of approximately three acres. Staff does not recommend the City
participate in the purchase of this site for the following reasons:
SRCC MINUTES (Regular) 5/5/86 Page 5
19.
SRCC MINUTES (Regular) 5/5/86 Page 6
1. The City has already used the development review process to secure
three acres of the most valuable portion of the site for open
space.
2. City participation makes the City a party to liability.
3. The property is of no community -wide significance, therefore it is
unlikely that funds are available from other sources to
participate in the purchase.
4. The City is undergoing a revision of the General Plan and it is
likely that as a result of open space policies, the City's
priorities for purchasing open space as well as maintaining
existing open space will be re-evaluated.
Councilmember Breiner moved that the City allocate funds for an
appraisal of the property, stating that when the project came before
Council, there were concerns about drainage and many precautionary
conditions were made part of the approval. She noted that because
there is nothing built on the property, the value will be what the
cost of the lots will sell for, and the conditions would need to be
taken into consideration. By obtaining the appraisal, the neighborhood
would then know if they want to continue.
Mr. Rick Carlson of 217 Irwin Street representing the Bret Harte
Community Association, explained that the Association's president,
Bruce Scott was out of town, and that several months ago they contacted
some Councilmembers and were led to believe that the Council would be
interested in knowing what the community felt as a whole. A committee
was formed and 91 homes were polled of which 73 responded positively
and who are willing to contribute at least $5.00 or $10.00 a month
toward the acquisition of the property. Mr. Carlson stated that he was
here tonight to ask for funding for the appraisal of the property.
Councilmember Nave ascertained from staff that the property is
presently listed on the market at $395,000, so that an appraisal would
only help if the community decided to enter court to force the
developer to sell.
Councilmember Russom commented that the preferable approach would be
that the neighborhood pay for the appraisal themselves, and if
acquisition of the property was realistic, they should then come back
to Council to ask for participation.
Councilmember Frugoli indicated that he agreed with Councilmember
Russom and added that the City knows basically what they think it is
worth, and with the City not covered by insurance at this time,
liability should be considered.
Public Works Director Bernardi stated that there are problems with the
property, and that by re -grading and having roads put in, the stability
of the land would be increased.
Councilmember Breiner reaffirmed her motion made earlier, indicating
that the City has helped other neighborhoods and if an appraisal is
needed the City should appropriate up to a maximum $1,000 for the
hiring of an appraiser.
The motion died for lack of a second.
Councilmember Frugoli moved and Councilmember Russom seconded, to deny
the request for the City to initiate the property appraisal and
participate in open space purchase.
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
REQUEST FOR CONSIDERATION OF CITY PARTICIPATION IN PROPOSED JITNEY BUS
SERVICE IN EAST SAN RAFAEL (CM) - File 11-33
City Manager Nicolai stated that she was contacted by people who worked
on this proposal who are part of an ad hoc committee task force for the
East San Rafael jitney service, with communication from Supervisor
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Robert Roumiguiere and a Resolution from the Chamber of Commerce. They
would like to try a pilot project of a jitney bus that operates at peak
hour service in the morning and afternoon in the East San Rafael area.
The proposal includes the Marin County Transit District contributing
$25,000 and the Buck Foundation contributing $25,000, with the East San
Rafael property owners coming up with $25,000. Contrary to Supervisor
Roumiguiere's proposal, the City was to be approached for some funds to
be included in the East San Rafael property owners' contribution of
$25,000 to help match some of the funds that may be generated from the
property owners and businesses in that area. At this time, Ms. Nicolai
was unsure if the $10,000 to $15,000 requested from the City would be
in addition to the $25,000.
Senior Planner Art Brook stated that the committee is investigating the
need for expanding the jitney service to connect from the residential
area and the employment location with a tie into Fourth and Hetherton
Streets, and that results should be available in another month.
Mr. Jim Ring, architect, stated that they are asking for $15,000 from
the City to help defray expenses for the first year of operation, with
a fare charge of 50 cents per trip. Hopefully within the second year,
revenues could be realized from the fare box. It would take $100,000
per year to run the project. Proposals have been sent to the Marin
Airporter, Richmond/San Rafael Bridge, Whistlestop and other private
operators from out of the County. Golden Gate Transit is being asked
to change some of their bus schedules, with the idea that if this
triangle works, there would be a possibility of extending service to
Santa Venetia and other areas.
Councilmember Nave moved and Councilmember Frugoli seconded, to grant
conceptual approval to the Jitney Bus Service proposal, with staff to
bring back a report to Council on costs to the City.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. COUNTY -WIDE SPECIAL HAZARDOUS MATERIALS COLLECTION DAY (CM) - File 13-1
x 4-3-32 x 9-3-31 x 8-5
Administrative Assistant Harry stated that in February of this year,
City Manager Doug Dawson of Mill Valley sent a letter to the City with
a request to Council from Supervisor Harold Brown, asking that the City
take part in a County -Wide Special Hazardous Materials Disposal Day.
This move would allow individuals throughout the County to dispose of
various toxic substances from their homes that have become illegal
within the past 10 years. Supervisor Brown is asking that each City
pay the amount that is set up on a per -capita basis, and the City of
San Rafael's share would be $2,250.
Mr. Harry responded to Mayor Mulryan's question stating that the money
will be spent for the transportation and disposal of the hazardous
materials.
Councilmember Frugoli moved and Councilmember Nave seconded, to accept
the staff report, and directed staff to draft a letter to Supervisor
Harold Brown stating Council support of the proposed Hazardous
Materials Disposal Day in addition to Council pledging an estimated
$2,250 as San Rafael's share of the County -wide cost.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REPORT ON MID -MANAGEMENT STUDY (CM) - 7-4 (VERBAL)
Mayor Mulryan stated that this item is carried over to the next Council
Meeting of May, 19, 1986.
SRCC MINUTES (Regular) 5/5/86 Page 7
SRCC MINUTES (Regular) 5/5/86 Page 8
ADD ITEMS
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE EXTENDED DAY CARE SERVICES BILL
(ROBERTI SB303) - File 4-10-199
RESOLUTION NO. 7346 - RESOLUTION APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER THE EXTENDED DAY CARE SERVICES BILL
(ROBERTI SB303)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. AIR TRAFFIC - SMITH RANCH AIRPORT - File 12-12
Councilmember Briener stated that Council received a letter from a
resident in the Santa Venetia area who is concerned that there is an
increased amount of airplanes authorized to use the Smith Ranch
Airport.
Staff was asked to bring back a report at the next meeting on status
of number of planes using and authorized to use the Smith Ranch
Airport.
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
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