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Home My WebLink AboutCC Minutes 1987-01-054 REVISED SRCC MINUTES (Regula -Li 1/5/87 Pgae 1 In Conference Room 201 of the City of San Rafael, Monday, January 5, 1987 at 6:30 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND PERSONNEL - File 1.4.1.a 1. No. 87-1(a) - (#2); No. 87-1(b) - (#1) William Paganini and Alice Paganini vs. City of San Rafael, et al.; No. 87-1(c) - (#6); No. 87-1(d) - (#2); No. 87-1(e) - (#2). No action was taken. In the Council Chambers of the City of San Rafael, Monday, January 5, 1987 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Absent: Jerry Russom, Councilmember Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Item 3. Resolution Granting Public Utilities Easement to PG&E - Windward Way Subdivision (PW) - File 2-5-21 x 5-1-295 x 12-7 Recommended Action RESOLUTION NO. 7473 - AUTHORIZING THE SIGNING OF GRANT DEED OF EASEMENT FOR PUBLIC UTILITY PURPOSES - WINDWARD WAY SUBDIVISION TO PG&E 4. Resolution of Findings - Appeal RESOLUTION NO. 7474 - CITY COUNCIL of Handicapped Access Require- OF THE CITY OF SAN RAFAEL (IN ments at 4230 Redwood Highway ITS CAPACITY AS BOARD OF APPEALS) (PW) - File 13-1-1 GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 4230 REDWOOD HIGH- WAY (Terra Linda Veterinary Hospital) 5. Resolution Adopting Marin County RESOLUTION NO. 7475 - APPROVING 1987/88 State Transportation THE 1987/88 TO 1992/93 MAJOR Improvement Program (STIP) PROJECTS IN MARIN COUNTY AS List (PW) - File 171 x 9-3-40 RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE 6. Renewal of Contract for RESOLUTION NO. 7476 - AUTHORIZING Specialized Legal Services with THE SIGNING OF A CONTRACT FOR Whitmore, Kay and Stevens (1 year - LEGAL SERVICES WITH LAW FIRM From 1/1/87 to 12/31/87) (CA) - OF WHITMORE, KAY AND STEVENS File 4-3-145 x 9-3-16 (Effective January 1, 1987 thru December 31, 1987) 8. Extension of Contract with Jeffery C. Baird, General Plan Coordinator (Pl) - File 4-3-150 RESOLUTION NO. 7477 - AUTHORIZING AN AMENDMENT TO THE 2/3/86 AGREEMENT WITH JEFFERY C. BAIRD AND ASSOCIATES (For professional planning services as the Project Manager for the San Rafael General Plan revision, thru June 30, 1987) 10. Resolution Setting Salary of RESOLUTION NO. 7478 - AMENDING City Manager - File 9-3-11 x 7-3 RESOLUTION 7268 TO INCREASE SALARY OF THE CITY MANAGER POSITION (Effective 1/1/87 Salary increased by 8.33% to $65,000 annually) SRCC MINTUES (Regular) 1/5/87 Page 1 SRCC MINUTES (Regular) 1/5/87 Page 2 11. Claims for Damages: a. Timothy Lipps (PW) - File 3-1-1164 b. Herman Reuther (PW) - File 3-1-1165 c. Maria Delatorre (PD) - File 3-1-1166 d. S. D. Herzog & Co. (PW) - File 3-1-1169 e. Willie E. Walton (PW) - File 3-1-1176 f. Richard A. Micheli (PW) - File 3-1-1179 g. Nathan Pugatch (PW) - File 3-1-1181 h. Sally & Joseph Garbarino (PW) - File 3-1-1183 Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 2. APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 15, 1986 (CC) - File 1-4 Councilmember Breiner asked that the action be included in the Minutes on Item 13 as follows: "Staff to come back to Council at the end of six months with a recommendation from the Planning Commission as to the extension status, for Council approval". Councilmember Breiner moved and Councilmember Nave seconded, to approve the Minutes of the Regular Meeting of December 15, 1986, as amended. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 7. AUTHORIZATION OF ADDITIONAL GEOTECHNICAL SERVICES OF DONALD HERZOG AND ASSOCIATES IN CONJUNCTION WITH GENERAL PLAN REVISION AND ENVIRON- MENTAL IMPACT REPORT (P1) - File 4-3-172 x 115 In response to Mayor Mulryan's request for an explanation of the staff report, Planning Director Moore stated that the only staff author- ization beyond the bounds of the original contract was for an engineer- ing geologist from the staff of Donald Herzog and Associates who attend- ed one Planning Commission meeting at a minimal fee. Ms. Moore noted that Donald Herzog and Associates will continue to be a consultant to the Planning staff as they go through the responses to the written draft plan and the Draft EIR. RESOLUTION NO. 7479 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN ADDENDUM TO THE CONTRACT OF DONALD HERZOG AND ASSOCIATES (Hereinafter, Consultant - thru March 15, 1987) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC MINUTES (Regular) 1/5/87 Page 2 SRCC MINTUES (Regulai 1/5/87 Page 3 9. ADOPTION OF INVESTMENT POLICY FOR THE CITY OF SAN RAFAEL (Fin) - File - 8-14 x 9-3-20 Mayor Mulryan asked for clarification of the investment policy regarding restrictions on the maturity of the City's portfolio which has been changed from "75 percent will mature within one year or less" to "75 percent will mature within two years or less". Mr. Coleman stated that the term of two years would be the maximum time for the investments, and added that he foresees a decline in the short-term rates and that it would be in the City's best interest to have more than 25 percent of the investments in a period longer than one year for the best yield. After further discussion, Councilmember Breiner moved and Councilmember Nave seconded, to approve the Statement of Investment Policy, as pre- sented. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 12. PUBLIC HEARING - P-86-7; APPEAL OF PLANNING STAFF'S DECISION NOT TO ACCEPT APPLICATIONS FOR A 40 UNIT CONDOMINIUM DEVELOPMENT AT 26 SAN PABLO AVENUE; ROBERT BECKER, OWNER; JOHN CHRISTIAN BELZ, REP.; AP 179-321-01 (Pl) - File 10-6 x 115 Mayor Mulryan declared the public hearing opened and continued public hearing, without discussion, to meeting of January 19, 1987 as requested by appellant Robert Becker. 13. REPORT ON EAST FOURTH STREET PARKING ASSESSMENT DISTRICT (PW) - File 6-41 x (SRRA) R-230 Public Works Director Bernardi indicated that in 1983, the process for forming the East Fourth Street Parking Assessment District was initiated, and since then procedures have been taken to effectuate the district. Recently, staff conducted economic studies of the project and found that the project would not be financially feasible. Mr. Bernardi recommended that the proceedings be halted because the deficit would be at a minimum of $22,500 but could exceed $40,000 per year; also, staff recommended that they be authorized to look at other uses for the site. He informed Council that an engineering bill was sub- mitted for plans and specifications which were part of the overall assessment district proceedings which needs to be paid. Mr. Bernardi recommended that Council direct the Redevelopment Agency to pay the fees which will be reimbursed back to the Redevelopment Agency at which time either the assessment district will be reformed or the property sold. Mr. David Hellman, representing the property owners and business people in the East end of downtown San Rafael reminded Council that this proposed parking lot had been before the City Council and Redevelopment Agency since April 1980. He stated that the figures in the staff report are pessimistic although he indicated that he could not offer any concrete evidence that they are incorrect. He noted that if there is ever to be a parking lot downtown, this would be the best location and indicated that if Council decided to put up a parking lot at a later time costs would be higher. He further stated that with the continued development in that area the need for parking will be com- pounded and that the County set the price of $450,000 for the property which was non-negotiable, with the property owners advancing $45,000 as a down payment. Mr. Hellman noted that they are in a situation whereby the property owners are willing to pay for half the cost of developing the lot now. Mr. Hellman indicated that the present Zoning Code is inadequate and should be tightened up as it relates to parking. He suggested that Council look at the long term plan and the possibility of acquiring three parcels on Third Street as discussed in the past and consider having a double decked parking lot at the location within 10 to 15 years. SRCC MINUTES (Regular) 1/5/87 Page 3 SRCC MINUTES (Regular) 1/5/87 Page 4 Mayor Mulryan acknowledged the amount of work and effort put into the Parking Assessement District by Mr. Hellman, but indicated that the deal proposed to the City is open-ended and that the City would be financing this project for 10 to 15 years which is excessive. Councilmember Frugoli suggested looking at the property on the corner of Fourth and Irwin, where Paula's Florist is located, as an alternate site because it is almost the same size as the former County property. In response to Councilmember Nave's inquiry about helping the Assessment District in looking further into having the present lot for parking, City Manager Nicolai stated staff's concern with the cost involved and the method of funding, which would rely on financing of the City's share through revenue from meters in an area that is unpredictably used. Ms. Nicolai indicated that if they are to pursue finding space for a parking lot, staff would look at a different location. Councilmember Frugoli also suggested looking at the Bacigalupi and Horvath properties on Third Street. After further discussion, Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the staff recommendation to halt all further proceedings regarding the formation of the East Fourth Street Parking Assessment District and direct staff to prepare the appropriate documen- tation for the next meeting. Also, that the Redevelopment Agency pay the engineering expenses associated with this project, and directed staff to determine an appropriate use for the site. Staff is to con- tinue working with David Hellman; Public Works Director and Traffic Engineer to look into possibly adding more striping on the street for additional parking and to also look at the properties of the follow- ing: Paula's Florist at Fourth and Irwin and Bacigalupi and Horvath properties on Third Street as a possible parking lot location. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 14. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1533 - ORDINANCE 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) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (310-330 PT. SAN PEDRO ROAD) (P1) - File 10-3 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) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (310-330 PT. SAN PEDRO ROAD) (MARIN SHORES TOWNHOUSES)" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1533 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom 15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1534 - ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT TO PROVIDE A LIMIT ON THE TOTAL AMOUNT OF TAX INCREMENT THE SAN RAFAEL REDEVELOPMENT AGENCY MAY RECEIVE OVER THE LIFE OF THE REDEVELOPMENT PLAN (RA) - File 140 x (SRRA) R-140 I x R-202 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT TO PROVIDE A LIMIT ON THE TOTAL AMOUNT OF TAX INCREMENT THE SAN RAFAEL REDEVELOPMENT AGENCY MAY RECEIVE OVER THE LIFE OF THE REDEVELOPMENT PLAN" SRCC MINUTES (Regular) 1/5/87 Page 4 SRCC MINUTES (Regula , 1/5/87 Page 5 Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1534 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 16. DISCUSSION OF SAN RAFAEL BOARD OF EDUCATION ACTION RE CONSOLIDATION OF ELECTIONS (CA) - File 9-2-1 x 9-4 x 9-3-16 After discussion, and based upon advice as stated in staff report from City Attorney Ragghianti, who indicated that consolidation of elections under AB2605 does not apply to school boards operating within charter cities, the Council determined to take no further action at this time in connection with the matter. Council directed City Attorney Ragghianti to send a letter to the School District's Counsel indicating Council's determination. There being no further business, the meeting was adjourned. JEA ,l AINI,�C ty Crk APPROVED THIS DAY OF 1987 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/5/87 Pgae 5