HomeMy WebLinkAboutCC Minutes 1984-01-03SRCC MINUTES (Regular 1/3/84 Page 1
In the Council Chambers of the City of San Rafael, Tuesday, January 3,
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
Also Present: Robert F. Beyer, City Manager; Stewart R. Andrew,
Assistant City Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Frugoli moved and Councilmember Breiner seconded, to
approve the recommended action on the following consent calendar items:
Item
1. Approval of Minutes of Regular Meetings of December 5 & 19, 1983,
and Special Meetings of December 12 & 19) 1983 (CC)
Approved as submitted.
2. Statements of Disclosure: (CC) File 9-4-2 x 9-4-3
a. Councilmembers Richard Nave and Jerry Russom
b. City Attorney Peter J. Muzio
Accepted report as submitted.
3. Authorization to Call for Bids to Furnish Air Bubbler Control
System Equipment for Storm Water
Pump Stations (PW) - File 4-1-360
Approved staff recommendation to call for bids for Project
No. 19-1998955. The total funds budgeted from Revenue
Sharing are $20,000.
4. Resolution of Findings in Appeal of Handicapped Access
Requirements - 47 Paul Drive (PW) - File 13-1-1
RESOLUTION NO. 6697 - AUTHORIZING THE CITY COUNCIL
(IN ITS CAPACITY AS BOARD OF APPEALS) TO DENY THE APPEAL
REQUESTING RELIEF FROM STATE ACCESS REQUIREMENTS - 47 Paul Dr.
5. Resolution of Findings in Appeal of Handicapped Access
Requirements - 1345 Fourth Street (PW) - File 13-1-1
RESOLUTION NO. 6698 - AUTH- ORIZING THE CITY COUNCIL (IN
ITS CAPACITY AS BOARD OF APPEALS) TO GRANT THE APPEAL
FROM STATE ACCESS REQUIREMENTS - 1345 Fourth Street
6. Appeal of Handicapped Access Requirements - 227 Third Street
(PW) - File 13-1-1
Set public hearing for January 16, 1984
7. Acceptance of Audit Report for North Bay Cooperative Library
System for FY 1982/83 (Lib./Cult.Aff.) - File 4-10-83
Accepted report as submitted
8. Grant Award from San Francisco Foundation for Countywide
Planning Study of Library Services (Lib./Cult.Aff.)
a. Resolution Authorizing Execution of Joint Powers Agree-
ment for Administration of Project - File 4-13-68
RESOLUTION NO. 6699 - AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (Joint Powers Agreement re
Library Services Planning Study)
b. Resolution Authorizing Acceptance of Grant Award from San Francisco
Foundation - File 4-13-68
RESOLUTION NO. 6700 - AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT(Agreement Accepting S.F.
Foundation Grant Award for Library Services Planning Study)
SRCC MINUTES (Regular) 1/3/84 Page 1
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c. Resolution Authorizing Execution of Professional Services Agreement with J.
Matthews and Associates, Inc., Consultant - File 4-3-115
RESOLUTION NO. 6701 - AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (Agreement for Professional
Services with J. Matthews and Associates for Library Planning Study)
9. Renewal of Workers' Compensation Insurance (Fin) - File 9-6-3
RESOLUTION NO. 6702 - AWARDING WORKERS' COMPENSATION
INSURANCE FOR THE YEAR 1984 (To Centaur Insurance Company - For One
Year, Commencing 12/8/83 at the Rate of 11.13 Cents Per $100 of Payroll)
11. Acceptance of Grant Award from San Francisco Foundation Re
Agreement for Neighborhood 30 Plan - File 218
RESOLUTION NO. 6703 - AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH THE SAN FRANCISCO FOUNDATION (For a
$42,000 Grant to Help Prepare a Plan for the East San Rafael Neighborhood)
12. Hazardous Material Unit: (FD) File 4-2-184
a. Award of Bid for Hazardous Material Unit Body
Approved staff recommendation to reject the high bid and
accept low bid from Mobile Hydraulics Equipment of Union
City, CA, in the amount of $4,660.82.
b. Equipment for Hazardous Material Unit
Authorized Fire Department to distribute list of specialized
equipment to various vendors and accept bids - funds for
purchase to come from signatory agencies to JPA.
13. Expiration of Police Advisory Commission Appointments (CC) -
File 9-2-28
Set interviews for Monday, January 16, 1984 at Special Meeting.
14. Award of Informal Bid for Repair of Levees on San Pedro Road
(PW) - File 4-1-361 x 12-9
RESOLUTION NO. 6704 - DECLARING THE PUBLIC INTEREST REQUIRES
DISPENSING WITH FORMAL COMPETITIVE BID PROCESS FOR REPAIR
OF A PORTION OF CITY OF SAN RAFAEL'S LEVEE ON SAN PEDRO ROAD
(And Affirming Staff Action of Awarding Emergency Informal Bid
to MJM Engineering Contractors for $92,194)
15. Claims for Damage: (PW)
a. Anthony G. Ghisi - File 3-1-830
b. James Martens - File 3-1-831
C. Lisa Kampmeyer - File 3-1-832
Approved George Hills Co., Inc. recommendations for denial of claims.
16. Adoption of Resolution for 1984-85 Five Year Federal Aid Urban (FAU) Program
(PW) - File 11-15-1
RESOLUTION NO. 6705 - APPROVING A FIVE-YEAR FEDERAL AID URBAN
PROGRAM COMMENCING FISCAL YEAR 1984/85 RECOMMENDED BY THE
MARIN COUNTY URBAN SYSTEM COMMITTEE
17. Adoption of 1984/85 Marin County Transportation Improvement Program (PW) - File 221
RESOLUTION NO. 6706 - APPROVING THE 1984/85 TO 1989/90 MAJOR
NON -INTERSTATE PROJECTS IN MARIN COUNTY AS RECOMMENDED
BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE
SRCC MINUTES (Regular) 1/3/84 Page 2
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18. Award of Contract for Emergency Generator - 400 Canal Street Storm
Water Pump Station (PW) - File 4-1-356
RESOLUTION NO. 6707 - RESOLUTION OF AWARD OF CONTRACT
(To Community Electric, Inc., in the amount of $62,885)
19. Request for Authorization to Sign Agreement for Soils Engineering
Services - City -Owned Property near Bellam Blvd. (PW) -
File 4-3-113
Approved staff recommendation to accept proposal from Donald
Herzog & Associates, Inc., for lump sum price of $13,500 and
authorized City Manager to execute Service Agreement for
the investigation and study.
20. Award of Contract and Acceptance of Drainage Easements - Storm
Drain Replacement at Redding Way between DuBois Street and Meadow
Avenue (PW) - File 4-1-358 x 2-4
RESOLUTION NO. 6708 - AWARDING CONTRACT FOR STORM DRAIN
REPLACEMENT AT REDDING WAY BETWEEN DUBOIS STREET AND
MEADOW AVENUE (To Ghilotti Bros., Inc., in the Amount of $30,970)
RESOLUTION NO. 6709 - ACCEPTING GRANT OF STORM SEWER EASEMENT
FROM MARY KARIS - 159 DuBois St.
RESOLUTION NO. 6710 - ACCEPTING GRANT OF STORM SEWER EASEMENT
FROM FRANCIS H. VIGIL - 151 DuBois Street
21. Appeal of Handicapped Access Requirements - 11 "G" Street
(Monks Inn) (PW) - File 13-1-1
Set public hearing for January 16, 1984.
22. Z81-24 & TS80-4 - Irwin Street Thirteen Unit Residential Devel-
opment; Irwin Street Opposite Hazel Court; Bill Howard & Jim
Hutson, Owners; Robert Martin, Appellant; AP 13-271-29 (P1) -
File 5-1-287 x 10-3
a. Certification of Final EIR
b. Adoption of Zone Change
C. Appeal of Planning Commission Condition of Approval for Tentative Subdivision
Set public hearing for January 16, 1984.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. RENEWAL OF LIABILITY INSURANCE FOR 1984 (Fin) - File 9-6-1
Mayor Mulryan asked for clarification of whether figure of approxi-
mately $600.00 reduction in overall insurance premiums for the year
is accurate, and Finance Director Coleman stated the figure is
correct.
RESOLUTION NO. 6711 - AWARDING LIABILITY, AUTOMOBILE AND PROPERTY
INSURANCE FOR THE YEAR 1984 (In The Amount of $57,054 to Marsh & McLennan) Liability
Insurance to St. Paul Insurance Company and Twin Cities Fire Insurance Company; Auto-
mobile Insurance to Allianz Underwriters Company; Property Insurance to Zurich
American Insurance Company (Effective January 4, 1984 )
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
S RCC MINUTES (Regular) 1/3/84 Page 3
SRCC MINUTES (Regular 1/3/84 Page 4
23. STATUS REPORT ON CANAL POLLUTION (PW) - File 13-12
Mayor Mulryan asked staff if testing is currently being done, and
Public Works Director Bernardi replied that at this point they are
not testing due to the rains, but that smoke testing will be started
in the spring, using City forces.
Council accepted report, without motion.
24. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 209 THIRD
STREET (SAM'S RESTAURANT) - File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi briefed the Council indicating that
Mr. Gottlieb, owner of Sam's Restaurant, has been required by the
Department of Environmental Health of Marin County, in order to
comply with State regulations, to correct code violations which
would include providing accessible toilet rooms to the handicapped.
Mr. Gottlieb previously had applied for a building permit to remodel
the restrooms at the cost of approximately $15,000 to $20,000.
There are alternatives for doing this work, such as moving a wall
out, but the cost would add between $15,000 and $20,000 to the above
cost, which represents a financial hardship. Therefore, it is
recommended that the Council grant the waiver in this case.
Mayor Mulryan inquired if there has been a precedent, and a short
discussion ensued with Mr. Bernardi to see what alternatives were
available.
Mr. Gottlieb spoke, reiterating what Mr. Bernardi had said.
With no further comments from the public, the hearing was closed.
Councilmember Breiner moved and Councilmember Nave seconded, that
the City Council, sitting as the Board of Appeals, uphold the appeal
and direct staff to prepare an appropriate resolution and bring it
back for consideration and approval at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. PUBLIC HEARING - APPROVAL OF AMENDMENT TO SANITARY SERVICE AGREEMENT
FOR INCREASE IN GARBAGE RATES (Fin) - File 4-3-32
Finance Director Ransom Coleman briefed the Council indicating that
in the past it has been customary to review requests for rate
increases on a yearly basis. This year, there is an opportunity to
consider a two-year agreement because Marin Sanitary has a multi-year
labor contract and the economy is stable. Marin Sanitary Service
originally requested a 4.2% increase, but after a review of their
financial position by Mr. Sesto Lucchi of P.U.C. and Mr. Donald
Steeger, it was their recommendation that the rate increase be set
at 3% effective January 1, 1984, and 3.6% effective January 1, 1985.
Both Mr. Lucchi and Mr. Steeger agree that this is a reasonable rate
increase. There are still some small differences to be worked out.
Councilmember Breiner referred to the letter of December 2, 1983
from Mr. Steeger, Public Utilities Consultant, to Mr. Coleman and
asked for clarification of the "elements of the estimated results of
operation". Mr. Coleman replied that it referred to the amount of
working capital.
Councilmember Russom asked if the differences are based upon the
criteria theory of rate. Mr. Coleman said yes - 11% which is the
standard stated at P.U.C..
Mr. Albert Bianchi, attorney for Marin Sanitary Service, stated that
the other four jurisdictions (Las Gallinas, Ross, Larkspur, and
Sanitary District #1) have each approved the same proposal, at least
for the first year. The rate of return of 11% is on the low scale.
SRCC MINUTES (Regular) 1/3/84 Page 4
SRCC MINUTES Regular 1/3/84 Page 5
Councilmember Breiner referred to Page 2 of the report and the fact
that it is not known at this time whether or not inflation will
change this year or next year. Councilmember Nave agreed.
With no further comments from the public the hearing was closed.
Councilmember Frugoli moved and Councilmember Nave seconded, to adopt
a resolution authorizing execution of Thirteenth Amendment to
Agreement with Marin Sanitary Service, increasing garbage rates by
3% in 1984 and 3.6% in 1985, with a change in Paragraph 3 on Page 2
of the Agreement to read, "If the Bay Area All Urban Consumer Price
Index (October 1983 to October 1984) exceeds 5%, then the Finance
Director is authorized to return to Council to seek approval to
increase the rates for 1985."
RESOLUTION NO. 6712 - RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (Thirteenth Amendment to Agreement w/Marin Sanitary
Service, Two Year Agreement, Effective January 1, 1984, as Amended) (Rate Increases of 3% for
1984 and 3.6% in 1985)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
26. CONSIDERATION OF RESOLUTION URGING THE ESTABLISHMENT OF A REASONABLE
SYSTEM OF FEES AND TUITION FOR THE COMMUNITY COLLEGES (CM) -
File 9-10-2
At the request of Mayor Mulryan, the Council considered a resolution
urging Governor Deukmajian and Assembly Speaker Brown to restore
funding to community colleges.
RESOLUTION NO. 6713 - RESOLUTION URGING THE ESTABLISHMENT OF A
REASONABLE SYSTEM OF FEES AND TUITION FOR THE COMMUNITY COLLEGES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. CONSIDERATION OF EMERGENCY ACTION TO AUTHORIZE ACQUISITION OF
EMERGENCY GENERATOR FOR ROSSI PUMP STATION ON FRANCISCO BOULEVARD
(CM) - File 4-2-185
At the request of Councilmember Breiner, the above item was agendized
for Council consideration to purchase an emergency generator for the
Rossi Pump Station. Public Works Director Bernardi explained that
consideration has been given to purchasing an emergency generator at
the cost of $250,000 to be located adjacent to the Rossi Pump
Station on East Francisco Boulevard, which helps drain the West
Francisco Boulevard and Bret Harte areas. There are difficulties in
finding a location for the generator because of the necessity to
place wires across the highway, which CalTrans might not allow, also
because of the possible widening of 101, the unknown impact of
future decisions re the storm drain Master Plan, etc. A portable
unit might offer a solution, however, a truck would be required to
move the generator from pump to pump.
Councilmember Nave inquired about the cost of $250,000, and Mr.
Bernardi said that there are four critical pumps in the area. All
four could be taken care of for that price, or maybe $300,000. In
reply to Councilmember Breiner's question about the truck, Mr.
Bernardi said that a trailer could be used to mount the portable
generator and could be stored at the yard, or a rig could be rented
for this purpose. Councilmember Breiner then asked that staff look
further into the situation.
City Manager Beyer stated that a design is needed for the other two
locations and that it is necessary to obtain prices on the material.
It seems to be around $250,000. This item could be brought back to
Council with bids, possibly within two weeks.
S RCC MINUTES (Regular) 1/3/84 Page 5
SRCC MINUTES (Regular 1/3/84 Page 6
Councilmember Frugoli stated that, in his opinion, the Corps of
Engineers should become involved in this problem as well as Repre-
sentative Barbara Boxer. This has been a disaster area for two years
and Federal funds are needed. Answers are needed and the City of San
Rafael should take the initiative; there should be a berm or levee in
that area.
Mayor Mulryan stated that he had spoken with Representative Boxer
and found her responsive. City Manager Beyer informed Council that
the Corps of Engineers has started a study, however, the study will
take two years.
Joyce Rifkind, who is involved in low-income housing, has contacted
several persons and businesses in the area and feels that something
should be done without further delay, and that funds from the City's
reserves should be used instead of waiting for Federal funds.
Dan Seright, representing the East San Rafael businesses, stated
that businessmen in that area are concerned because they suffer more
damage when the pumps are turned on. He added that it would be
preferable to rent a portable generator for 3 months when the tides
are high and spend the rest of the $250,000 towards a study on how
to prevent the flooding in that area. The levees should be upgraded
and gates added.
Councilmember Frugoli replied that Public Works is monitoring the
use of the pumps.
Gimi Sessi, who owns property in the area, stated that there was
never trouble before; it started three years ago. The water seems
to come from the Bret Harte area into the other areas and everyone
is under water.
Councilmember Frugoli said this is filled land and it is sinking.
Dominic Selmi, former City Engineer, stated that this problem has
existed for a long time, and is not the pumps or the drains - it is
the levees which should be elevated to 6 or 8 feet. In the Spinnaker
area, the levees have settled 2 feet. He suggested that a study be
made of the levees.
Gordon Freedman, owner of A Woman's Place, in the Harbor Center,
explained that there was two feet of water in the shopping center
next to the Record Shop last year. His store has been flooded three
times since 1982. He blamed the pumps for the flooding.
Harold Geister, businessman in the West Francisco Boulevard area for
30 years agreed with Mr. Selmi's suggestion concerning the levees.
Councilmember Frugoli moved and Councilmember Russom seconded, to
ask staff to come back with a proposed solution at the next meeting
on January 16, 1984.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
28. SALE OF SURPLUS PROPERTY TO FRED GRANGE - File 2-7 x 2-10
Redevelopment Project Manager Ours briefed Council on the sale of
two surplus parcels to Mr. Fred Grange and described the conditions
under which this sale would be made. The property was appraised at
$12,000 and a price of $13,000 was agreed to by Mr. Grange, the
$1,000 representing the cost of the appraisal. Mr. Grange, while
preparing property he owns for a heliport, caused damage to a City
access road and Drainage Assessment District #2 pond. Because of
bad weather, repairs cannot be made at this time, but to insure the
repair of the pond and access road, staff recommended that:
1. Fred Grange provide the Public Works Director a $10,000 surety.
This surety would be used to repair the City property if
Mr. Grange did not make arrangements for the work to be done.
2. Fred Grange deposit $13,000 payable to the City of San Rafael
in an escrow account.
SRCC MINUTES (Regular) 1/3/84 Page 6
SRCC MINUTES (Regular, 1/3/84 Page 7
3. San Rafael deposit deeds to the two parcels in escrow with
instructions that escrow cannot close until the Public Works
Director certifies that repairs to City property have been
completed, and deposits the surety or any remaining portion
thereof in the escrow account.
The title of the Ordinance was read.
"ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL
PROPERTY (TO FRED GRANGE) Ordinance No. 1473
Councilmember Frugoli moved and Councilmember Nave seconded, to
dispense with the reading of Ordinance No. 1473 in its entirety and
to refer to it by title only for the first reading, and pass the
ordinance to print.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
29. SECOND READING AND ADOPTION - ORDINANCE NO. 1471 - PROVIDING FOR
COST OF LIVING INCREASE FOR CITY COUNCIL (CM) - File 9-1
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR COST OF
LIVING INCREASE FOR CITY COUNCIL"
Councilmember Frugoli moved and Councilmember Russom seconded, to
dispense with the reading, to refer to it by title only, and adopt
Ordinance No. 1471.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
30. STATUS REPORT ON FORMATION OF PARKING ASSESSMENT DISTRICT FOR EAST
FOURTH STREET (CM) - File 6-41
City Manager Beyer presented the Council with an updated report on
the possibility of generating additional funds to assist the property
owners in developing the parking facility. Additional revenue of
$29,750 could be generated by adding 120 2 -hour meters and 31
10 -hour meters for $1,750, in addition to the 40 on-site meters for
$7,000.
This assumes $175 per year from each meter. This would be ongoing
revenue toward paying off the debt on the parking assessment bonds.
This proposal would represent an increase of $13,650 annually over
the proposal made on December 5, 1983.
A discussion ensued during which Councilmember Nave stated that at
the last meeting, it had been mentioned that the District would
still have to pay $61,000 and that sum needed to be reduced.
Mr. David Hellman, attorney, stated that they were planning on
contributing about 50% toward the project. Councilmember Breiner
asked if it would be appropriate to have a public hearing so that
the public in the area would not be unduly surprised. Mr. Beyer
replied that the petition would have to be recirculated and some
conditions would have to be modified. The persons within the
assessment district would be notified.
Mayor Mulryan asked if Mr. Hellman felt that if this proposal went
to the people in the area, that it would go. Mr. Hellman replied
that there are about $5,000 or $8,000 above what they were before.
He said he thought they could get approval. They will recirculate
the petitions.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
adopt the meter program and the recommendations presented at the
December 5, 1983 meeting as the City's contribution toward the
proposed assessment district.
SRCC MINUTES (Regular) 1/3/84 Page 7
SRCC MINUTES (Regular 1/3/84 Page 8
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
31. Z82-16 - "BAYVIEW BUSINESS PARK" GENERAL OFFICE AND LIGHT INDUSTRIAL
DEVELOPMENT ON A PORTION OF 26 ACRES; FROM "U" & PCM TO P -D DISTRICT:
FRANCISCO BOULEVARD, SOUTH OF PELICAN WAY; HORST HANF AND WILLIAM
POESCHL, OWNERS; 0. ROBERT HOLM, REPRESENTATIVE; AP 9-290-31 & 34
(P1) - File 10-3
Planning Director Moore indicated that after holding a public hearing
on this item on December 5, 1983, Council directed staff to prepare
the necessary Resolution and Ordinance.
RESOLUTION NO. 6714 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION
FOR REZONING OF PROPERTY ON FRANCISCO BLVD.,
SOUTH OF PELICAN WAY, KNOWN AS "BAYVIEW
BUSINESS PARK"
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 "U" AND P -C -M (UNCLASSIFIED
AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICTS TO P -D (PLANNED
DEVELOPMENT) DISTRICT (Francisco Boulevard, south of Pelican Way)"
Councilmember Frugoli moved and Councilmember Nave seconded, to
dispense with the reading of Ordinance No. 1474 in its entirety,
and refer to it by title only for the first reading, and pass the
Ordinance to print.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Frugoli left meeting)
32. ORDINANCE AND RESOLUTION PROHIBITING THE USE OF SKATEBOARDS, BICYCLES,
AND ROLLER SKATES ON SIDEWALKS AND STREETS IN THE DOWNTOWN AREA (PD) -
File 11-27
Chief of Police Ingwersen briefed Council on the subject of skate-
boards, roller skates and bicycles which are used in a manner that
violates the right-of-way of vehicles and pedestrians. This occurs
mainly in the downtown area, namely on Fourth Street, between Grand
Avenue and "H" Street. Accidents have occurred as a result of the
use of these modes of transportation. Warnings have not been
sufficient to alleviate the problems, and it is now necessary to
have an ordinance with an appropriate penalty to use as a deterrent.
Signs would be placed at strategic locations.
Chief Ingwersen suggested that there be four signs; these would
be placed at Fourth, "H" Street and on Grand, east and west.
However, he mentioned in some cities these warnings have been painted
on the sidewalks. Mayor Mulryan asked that this method of signing be
investigated.
Councilmember Russom inquired whether there had been any such problems
encountered at Northgate and Montecito shopping centers. Chief
Ingwersen replied that these are private properties and policing is
done by the management.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE SAN RAFAEL
MUNICIPAL CODE, TITLE 5, TRAFFIC REGULATIONS, BY ADDING NEW CHAPTER
5.34 PROHIBITING SKATEBOARDS, ROLLER SKATING, AND BICYCLES IN
CERTAIN AREAS WITHIN THE CITY WHERE APPROPRIATELY SIGNED, AND
AMENDING SECTION 5.12.020 MAKING A VIOLATION OF THE ABOVE PROHIBI-
TION AN INFRACTION"
SRCC MINUTES (Regular) 1/3/84 Page 8
SRCC MINUTES (Regular 1/3/84 Page 9
Councilmember Breiner moved and Councilmember Nave seconded, to
dispense with the reading of Ordinance No. 1475 in its entirety and
refer to it by title only for the first reading, and pass the ordinance
to print.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 6715 - RESOLUTION ESTABLISHING THE LIST OF SIDEWALKS
AND STREETS WITHIN THE CITY WHERE THE USE OF
SKATEBOARDS, ROLLER SKATES AND BICYCLES AS
RESTRICTED
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
33. EXTENSION OF AGREEMENT FOR GRAZING OF SHEEP ON OPEN LANDS (PW) -
File 4-10-158
Public Works Director Bernardi commented on the project which
started in October 1981 with authorization by Council. Approxi-
mately 2,000 sheep have grazed open space lands under close monitor-
ing by Mr. Don Mills, a Novato Rancher. Reports have indicated that
there has been no over -grazing and generally speaking, the operation
is successful and useful. Its primary purpose was to graze the land
to prevent summer fires.
Mayor Mulryan had some questions about the unloading of the sheep
from the trucks at the Mont Marin turf area and the time needed for
the installation of the fence.
(Councilmember Frugoli returned)
Councilmember Russom stated that in his opinion there were problems
with the operation. The public park area is being used and he would
like to see the sheep kept off. There has been some improvement in
that area, however, the other concern he has is the gate which has
been left open. The gate is the only thing that prevents cars from
going through. It seems that the sheep herder has been the worst
offender. Also, the shearing operation seems to be a dirty process
which is not always cleaned up afterward. However, he mentioned it
is an interesting operation and it would be nice if children could
observe it.
Councilmember Nave stated that this is a good program.
Mr. Bernardi answered the above concerns by saying that there is an
area lower at the foot of the hill (a flat area) where the unloading
and loading can be done. As for the gate, Mr. Mills has been very
cooperative, and he will certainly conform when the problem is
brought to his attention.
The item was continued to the next meeting of January 16, 1984, with
Councilmember Russom to meet with staff and Mr. Mills in the mean-
time.
34. REPORT ON LONG-TERM TRAFFIC IMPROVEMENTS IN EAST SAN RAFAEL (PW) -
File 11-13
City Manager Beyer stated that the proposal is to hire someone on a
contract basis for the particular purpose of making a study of the
roadways to learn where our costs are, have a design concept, envi-
ronmental review, etc.
Mayor Mulryan asked what kind of person would be hired, and Mr. Beyer
replied, a civil engineer at a cost of $35,000, this amount to the
funded from receipt of pending traffic mitigation fees.
Councilmember Frugoli stated that he felt this was a high fee, and
Mr. Beyer replied that it was a flat fee with no benefits attached.
Councilmember Nave asked if the person would work specifically on
this project alone and Mr. Beyer replied that that is the intent.
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SRCC MINUTES (Regula, 1/3/84 Page 10
Councilmember Russom asked whether the fees have been deposited in an
escrow account. Public Works Director Bernardi answered that when
the Council determines that the fees are due and payable then they
will have to be paid.
RESOLUTION NO. 6716 - RESOLUTION DETERMINING THAT EAST SAN RAFAEL
TRAFFIC IMPROVEMENTS MUST BE MADE AND
REQUIRING PAYMENT OF PREVIOUSLY COVANENTED
FEES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner added that there are several signs at the
intersection of Andersen Drive and Francisco Boulevard which are
confusing and she would like to see these placed so that they will
clearly indicate what they mean to drivers.
. REPORT ON PURCHASE OF STREET LIGHTS (PW) - File 4-4-6
City Manager Beyer stated that if the City took over PG&E lights, it
would represent a savings of $290,000 to the City.
Public Works Director Bernardi discussed the proposed cost for the
City. There would be one or two men to maintain street lights. The
maintenance would be $1 per light per year, the lights would cost
$1.75 each, a total of $2.75 per light. The cost is presently
$11.00 to PG&E.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
adopt resolution authorizing the signing of a Joint Powers Agreement
with the County of Marin to retain consultant for feasibility study
on the acquisition of City's street lighting system.
RESOLUTION NO. 6717 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE
OR AGREEMENT (w/County of Marin to Retain Consultant for Feasibility Study on the
Acquisition of City's Street Lighting System) (Joint Exercise of Powers Agreement)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Frugoli moved and Councilmember Breiner seconded, to
authorize expenditure of $4,855 proportionate amount of consultant
fee, from non -departmental accounts.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Russom seconded, to
authorize staff to apply for membership in the California Street
Lighting Association through the County of Marin.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
36. UP83-72 - REFERRAL BY PLANNING COMMISSION OF ZONING ADMINISTRATOR
DENIAL OF USE PERMIT FOR PACKAGED BEER SALES FROM A GASOLINE SERVICE
STATION; 1125 LINCOLN AVENUE; EDWARD H. GRIMM, JR., OWNER; ELDON L.
HASSTEDT, REPRESENTATIVE AND APPELLANT; AP 11-225-01 & 02 (P1) -
File 10-b
Planning Director Moore briefed Council on the application for a Use
Permit authorizing the sale of packaged beer at the gasoline station
at 1125 Lincoln (Mr. Edward H. Grimm, owner). She stated that it is
recommended the Use Permit be denied on the basis that, if approved,
it would set a precedent; convenience stores could also request
permission to sell beer.
SRCC MINUTES (Regular) 1/3/84 Page 10
SRCC MINUTES (Regular 1/3/84 Page 11
Mayor Mulryan stated that this seems to be a reasonable solution.
Councilmember Nave asked that the owner be heard at this time as he
believes the Use Permit should be granted.
Eldon Hasstedt, appellant, stated that he was not asking for some-
thing unusual, that this practice is allowed in many areas of the
State and Country. He conceded that the hours could be limited.
He stated the Planning Commission could not find any reason for the
denial of the Use Permit except that it had never been done before,
and he further stated there is no proof that the sale of beer at a
gas station is the cause of drunken driving. The beer could be
purchased elsewhere, and people drive.
Joyce Pavlovski spoke referring to two teenagers who were killed in
a driving accident last Spring and told Council that "it is that
extra can of beer" that caused the driver to miss the curve. The
father of one of the boys said that what must be done now is to
teach the young people that the extra can of beer can be deadly.
Mrs. Pavlovski added that the driver is encouraged to buy the beer
when it is displayed at the station even though the intention was
only to purchase gasoline. She ended by saying that beer and
driving don't go together.
Joy Phoenix, Coordinator for Mothers Against Drunk Driving (MADD)
urged Council to not allow the sale of alcoholic beverages at the
gas station. She stated that a nationwide campaign has been organ-
ized to precisely discourage people from drinking and driving, and
to ignore these efforts would defeat the purpose.
Michael Sparks was opposed to the granting of the Use Permit on the
basis that there are enough outlets for the sale of alcohol; there
is no need for a gas station to sell alcohol at all.
Councilmember Frugoli then stated there seems to be a double standard,
because there are markets on both sides of the street that sell packaged beer.
Councilmember Breiner disagreed. She stated we are not setting a double-
standard, we are trying to discourage the sale of alcoholic beverages.
Council then took the following actions:
RESOLUTION NO. 6718 - RESOLUTION FORMALIZING CITY POLICY OF
DISCOURAGING THE SALE OF ALCOHOLIC BEVERAGES IN
CONJUNCTION OR COMBINATION WITH VEHICLE FUEL SALES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Nave
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6719 - RESOLUTION DENYING UP83-72 TO ALLOW THE
SALE OF ALCOHOLIC BEVERAGES FROM A GASOLINE
SERVICE STATION LOCATED AT 1125 LINCOLN AVENUE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Nave
ABSENT: COUNCILMEMBERS: None
37. UP81-13(c) - USE OF CITY PROPERTY FOR USED AUTO LOT; 810 ANDERSEN
DRIVE; GORDON JACOPI, REP.; AP 18-061-04 (PW) - File 10-2
Planning Director Moore briefed Council on the application of Gordon
Jacopi to obtain a Use Permit for a used car sales/display on City
property leased at the corner of Andersen and Bellam. It was at
first recommended that the Use Permit be denied in order to encourage
redevelopment of the property. The applicant has stated that he
will pave and landscape the area in return for an amendment to the
Use Permit which will allow the used auto sales project, and a
compromise having been reached, it is now recommended that author-
ization be given for an auto sales/display use. Mrs. Moore indicated
that Mr. Jacopi agrees with the new staff recommendations.
S RCC MINUTES (Regular) 1/3/84 Page 11
SRCC MINUTES (Regular 1/3/84 Page 12
Councilmember Frugoli moved and Councilmember Nave seconded, to
authorize an auto sales/disply use of City -owned property fronting
Andersen Drive. The Use Permit to be referred back to the Planning
Commission for consideration of conditional approval.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
38. ADOPTION OF RESOLUTION APPROVING FOURTH (SECOND) AMENDMENT TO JOINT
POWERS AGREEMENTJPA) FOR MARIN COUNTY MAJOR CRIMES TASK FORCE
(PD) - File 4-10-114
Police Chief Ingwersen briefed the Council on the reason for this
fourth (second) amendment to the Marin County Major Crimes Task
Force Joint Powers Agreement. The City of San Rafael, other cities
in Marin, and the County of Marin entered into a JPA for the purpose
of creating the Marin County Major Crimes Task Force. Funding was
received through a LEAA Grant. After the grant expired, funding
continued to be provided by the member agencies. Also, the original
emphasis for the task force has shifted from the pursuit of major
crimes to narcotics enforcement. The changes in financing and
responsibilities require amendment to the original JPA. The three
major amendments are:
1. That the task force shall not initiate or operate in the areas
of Marin County that are not signatories of the JPA.
2. That membership on the Chief's Major Crimes Task Force Sub-
committee shall be limited to only those Chiefs from partici-
pating agencies.
3. That the City of San Rafael's contribution for fiscal year
1983/84 is set at $42,806. This being the amount budgeted in
the Police Department's approved budget.
RESOLUTION NO. 6720 - RESOLUTION AUTHORIZING FOURTH (SECOND)
AMENDMENT TO THE MAJOR CRIMES TASK FORCE
JOINT POWERS AGREEMENT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
39. SALE OF SLOPE AREAS ADJACENT TO DRAINAGE ASSESSMENT DISTRICT #2
POND (RA) - File 2-7
Redevelopment Program Manager Ours explained to Council that Mr.
Fred Grange has requested authorization to purchase slope areas in
connection with the parcels of land he owns. He will landscape the
slope area and maintain it at no cost to the City. Staff feels it
is in the best interest of the City to agree to that request.
Therefore, it is requested that the proposed sale of the slope areas
be referred to the Planning Commission for review and recommendation.
Councilmember Russom moved and Councilmember Nave seconded, to refer
the proposed sale of the slope areas to the Planning Commission for
its review and recommendation.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
40. RECONSIDERATION OF REQUEST FOR INDUCEMENT RESOLUTION RE: INDUSTRIAL
DEVELOPMENT BOND (IDB) FINANCING FOR PHOENIX AMERICAN, INC., AT
1890 FRANCISCO BOULEVARD (CM) - File 8-22
City Manager Beyer briefed Council on this item which was considered
on November 21, 1983, with a recommendation at that time that it not
be approved because the understanding was that it was an office
building and no benefit would result for the City. After further
discussion with Mr. Daniel Murray, President and Chief Financial
Officer of Phoenix American, Inc., it was discovered that there is
sales tax generated from the sale of computers. The company's
headquarters will be in San Rafael and the actual sales tax revenue
SRCC MINUTES (Regular) 1/3/84 Page 12
SRCC MINUTES (Regular 1/3/84 Page 13
is approximately $200,000 per year, which will be returned to the
City of San Rafael. It is now recommended that Council approve the
Inducement Resolution authorizing Phoenix American, Inc., to take
advantage of industrial development bond financing, based on the new
information on revenue to San Rafael provided at this time.
After discussion, Councilmember Frugoli moved and Councilmember Nave
seconded, to adopt resolution concerning the issuance of industrial
development revenue bonds for Phoenix American, Inc.
RESOLUTION NO. 6721 - RESOLUTION CONCERNING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
PHOENIX AMERICAN, INC.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
41. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Assistant City Manager Pam Nicolai reported to Council on the past
year legislation activity, and said that the League of California
Cities officials spent much of their efforts on the critical binding
arbitration bill (SB 778), underground storage of hazardous waste,
redevelopment, and local government financing. Also, general
revenue sharing was reenacted for three years at the same level of
$4.6 billion, meaning that San Rafael can expect to receive $450,000
each of the next three years. The revenue sharing, however, is to
be audited annually rather than every three years, which will cost
the City of San Rafael about $1,000 per year.
Staff would like the new Council to reaffirm its position on the
various bills discussed in the staff report and requests Council
assistance in urging community groups, the Chamber of Commerce,
Senator Milton Marks, and Governor Duekmejian to oppose SB 778, the
binding arbitration bill.
Support Bill: SB 575 - Joint and Several Liability
Oppose Bills: AB 4 - (Robinson) Local Sales Tax Option
HR 4103 - Cable Television
AB 469 - Licensing of Recreation Programs Run by Cities
AB 617 - (McCorquodale)
Councilmembers Russon and Nave stated that they are in agreement
with the above.
There being no Closed Session, the Council adjourned at 10:30 PM to
their next regular meeting on Monday, January 16, 1984.
JEANNE M. LEONCINI , City Clerk
APPROVED THIS DAY OF , 1984
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 1/3/84 Page 13