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Home My WebLink AboutCC Minutes 1984-03-05SRCC Minutes (Regular) 3/5/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, March 5, 1984, at 8:00 PM. Regular Meeting: Present: Dorothy L. Breiner, Acting Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Robert F. Beyer, City Manager; Peter J. Muzio, City Attorney, Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: - File 9-1 Mr. Fielding Greaves, Vice President of Marin United Taxpayers Association, addressed Council regarding two lettershe sent dated February 23 and 29, 1984 to Council. The first letter referred to a Resolution in support of Operation Slush Fund, which would control spending by legislators of monies from their "Contingency and Printing Funds", which funds are exempted by Section 9130 from normal audit procedures, and he stated that there has been an abuse of these funds. The second letter referred to a Resolution which would be in Opposition to AB 780 and SCA 44, and which has recently been adopted by the Board of Supervisors of Marin County. AB 780 and SCA 44 would permit legislators to amend or overturn initiative measures approved by the voters. Councilmember Frugoli moved and Councilmember Nave seconded, to bring back the Resolution opposing AB 780 and SCA 44 at the next meeting of March 19, 1984,for consideration. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Councilmember Nave moved and Councilmember Frugoli seconded, to bring back the Resolution in support of Operation Slush Fund at the next meeting of March 19, 1984, for consideration. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan ORAL COMMUNICATION: 1. PRESENTATION OF INVITATION TO "ANNIE" BY SAN RAFAEL CHILDREN'S MUSICAL THEATER (Rec) - File 102 Acting Mayor Breiner thanked group for giving a delightful their performances. CONSENT CALENDAR the San Rafael Children's Musical Theater presentation and urged all to attend 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 Joint Meetings with Redevelopment Agency of January 18, 1984 and with Planning Commission of February 13, 1984 (CC) 3. Request for Approval of Ninth Annual Tour of Marin April 8, 1984 - Marin County Velodrome Assoc-ittion (CM) - File 9-3-30 Recommended Action Approved as submitted. Approved closure of one side of Civic Center Drive for bicycle races at the Civic Center on April 8, 1984. 5. Expiration of Term of Fire Commissioner Set interview for Special Meet- H.R."Rusty" Ghilotti (FD) - File 9-2-5 ing of April 2, 1984 at 7:15 PM. 6. Resignation of Design Review Board Approved staff recommendation Member Charles Schrader (Pl) - to advertise for applicants File 9-2-39 x R-65 to fill vacancy. 7. Resolution Supporting the Efforts of RESOLUTION NO. 6752 - SUPPORT - the County of Marin re the Beryl H. ING THE EFFORTS OF THE COUNTY Buck Trust (CA) - File 194 OF MARIN REGARDING THE BERYL H. BUCK TRUST. SRCC Minutes (Regular) 3/5/84 Page 2 SRCC Minutes (Regular) 3/5/84 Page 2 Item 8. Claims for Damage: (PW) a. Dorothy Roll - File 3-1-836 b. Andrew Weinstein, File 3-1-848 c. Paul Bronson, File 3-1-854 Recommended Action Approved George Hills Co., Inc. recommendations for denial of claims. 9. Resolution Establishing a Change in RESOLUTION NO. 6753 - ESTABLISH - Rate Schedule and Hours of Operation at ING A CHANGE IN RATE SCHEDULE the Third and "A" Streets Parking AND HOURS OF OPERATION AT THE Structure (RA) - File 140 x (SRRA) R-195 THIRD & "A" STREETS PARKING STRUCTURE ($35/Mo.covered park- ing; $25/Mo uncovered parking; Hours of operation: LOAM to 9PM. effective 4/1/84) 10. Resolution Granting Appeal - 1456 RESOLUTION NO. 6754 - UPHOLDING Lincoln Avenue; Arthur J. Faibisch, APPEAL OF 1456 LINCOLN (UP80-59 Owner & Appellant; AP 11-103-07 (P1) - (b) ) ELIMINATING SHARED DRIVE - File 10-5 WAY REQUIREMENT. 11. Resolution of Appreciation - Dennis RESOLUTION NO. 6755 - RESOLUTION Jauch, Recreation Director, 14-1/2 OF APPRECIATION - DENNIS JAUCH, Years' Service (Rec) - File 102 RECREATION DIRECTOR (Resigned after 14-1/2 years of service) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 4. REPORT RE SALE OF FIREWORKS (FD) - File 9-3-31 Acting Mayor Breiner inquired whether the City should prepare an Ordinance to prevent the use of fireworks in the City. City Manager Beyer explained that the City already has such an Ordinance and that the problem now is that fireworks can be sold to the public, but the public is not permitted to use them. Councilmember Frugoli moved and Councilmember Nave seconded, to accept the report. City Attorney to review this item. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. PUBLIC HEARING - DESIGNATION OF PROPERTY AS A HISTORIC LANDMARK; 1149 FOURTH STREET AND 938 "B" STREET (CORNER OF FOURTH AND "B" STREETS), COUNTY ASSESSOR'S PARCEL 11-261-01 (P1) - File 13-14-2 Acting Mayor Breiner declared the public hearing opened. Planning Director Moore briefly explained that on February 2, 1984, the Cultural Affairs Commission unanimously recommended designation of the building at 1149 Fourth Street and 938 "B" Street as a San Rafael landmark. The application was also favorably reviewed by the Technical Advisory Committee. Councilmember Nave asked what would happen if, after ten years, changes were made to the structure. Ms. Moore replied that the Cultural Affairs Commission has decision-making authority over the design changes and modifications to the building. Councilmember Russom inquired what advantages there are to declaring the building a landmark besides the tax advantages to the owner. Ms. Moore stated that the Federal tax is an advantage to the owner, but declaring the building a landmark would also have a historical significance for the City of San Rafael. With no comments from the public, the public hearing was closed. SRCC Minutes (Regular) 3/5/84 Page 2 SRCC MINUTES (Regular) 3/5/84 Page 3 Councilmember Russom moved and Councilmember Frugoli seconded, to adopt the resolution designating 1149 Fourth Street (938 "B" Street) as a historical landmark. RESOLUTION NO. 6756 - DESIGNATING 1149 FOURTH STREET (938 "B" Street) AS A HISTORICAL LANDMARK. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: Mayor Mulryan 13. REPORT ON BID OPENING AND AWARD OF CONTRACT - FIFTH AVENUE WALKWAY IMPROVEMENT (PW) - File 4-1-348 Public Works Director Bernardi briefed Council, stating that during the course of the Neighborhood 13/14 Plan, Policy 2 stated that the City will provide an improved and safe walkway for pedestrians traveling to Sun Valley School and the neighborhood commercial center. It was to be on the north side of Fifth Avenue and wide enough to serve bi- cyclists and pedestrians. One of the items that Council discussed was the question of precedents established by the construction of improvements where there were none. In May of 1980, the Council con- sidered a sidewalk policy. At that time, Council considered Policy #3 which says that the side- walk would be installed at City expense because there were hazards to pedestrians in the neighborhood. The Council also indicated that the installation of this sidewalk was not precedent setting because each request is considered on its own merit and decisions made on an individual basis depending upon the particular circumstances. Because of that, and because of the cost involved, at the time Council elected to construct an asphalt sidewalk. There are drawbacks to the use of asphalt, there are maintenance costs, and it will have to be resurfaced every 10 or 12 years, but considering the history above, we recommend the use of asphalt. It is recommended that Council adopt the reso- lution awarding the contract to the low bidder. A short discussion followed on the use of asphalt versus concrete, and its advantages in case of falls or accidents. Councilmember Nave moved and Councilmember Frugoli seconded, to adopt the resolution for Fifth Avenue Walkway Improvement Project No. 19-1998961, awarding the contract to Bresnan-Dalecio, Inc. in the amount of $23,624.90 (low bidder for asphalt walkway). RESOLUTION NO. 6757 - AWARDING CONTRACT FOR FIFTH AVENUE WALKWAY IMPROVEMENT PROJECT NO. 19-1998961 TO BRESNAN- DALECIO, INC., (for asphalt walkway in the amount of $23,624.90) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 14a. STATUS REPORT RE: DOWNTOWN AD HOC COMMITTEE (P1) - File - 9-2-38 City Manager Beyer reported that the Downtown Ad Hoc Committee has prepared a draft report to the City Council which will receive a final review by members in early March 1984. The report is expected to be presented to the Council in April 1984. Discussions regarding the Macy's parking project are continuing. Council accepted the report, without motion. 14b. STATUS REPORT RE: DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE (P1) - File 9-2-37 City Manager Beyer stated that the report was completed approximately one month ago and is being reviewed by the City Traffic Engineer and Planning Department staff. Comments will be incorporated into the final report to be presented to Council in April 1984. Council ac- cepted the report, without motion. SRCC MINUTES (Regular) 3/5/84 Page 3 SRCC MINUTES (Regular) 3/5/84 Page 4 15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1478 - AMENDING ORDINANCE NO. 1476 OF ZONING MAP OF THE CITY OF SAN RAFAEL ADOPTED FEBRUARY 6, 1984, SO AS TO AMEND CONDITION OF APPROVAL (b)(6) OF EXHIBIT "A" (Irwin Street, West of Bret Harte Village) (P1) - File 5-1-287 x 10-3 The title of the Ordinance was read: "AN ORDINANCE AMENDING ORDINANCE 1476 OF THE ZONING MAP OF THE CITY OF SAN RAFAEL ADOPTED FEBRUARY 6, 1984, SO AS TO AMEND CONDITION OF APPROVAL (b)(6) OF EXHIBIT "A" (Irwin Street, West of Bret Harte Village)" Councilmember Frugoli moved and Councilmember Nave seconded, to dis- pense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1478, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 16. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1479 - PROVIDING FOR THE LEASE OF A PORTION OF PUBLIC REAL PROPERTY AT LINCOLN AVENUE AND SECOND STREET TO THE SHELL OIL COMPANY (RA) - File 2-8-12 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE LEASE OF A PORTION OF PUBLIC REAL PROPERTY AT LINCOLN AVENTTF AND SECOND, STREET TO THE SHELL OIL COMPANY" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1479, by the followine vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 17. RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY FOR AFFORDABLE HOUSING (7.8 ACRES ADJACENT TO SAN RAFAEL SANITATION DISTRICT PROPERTY ) (RA) - File 2-18 City Manager Beyer briefed Council stating that this item was dis- cussed at the meeting of February 21, 1984 at which time Council approved the transfer of $250,000 of CDBG funds for the redevelopment of this site. Since the preparation of this report and resolution, a formal letter was received from Sidney Hendricks of Sea Port Development Company which indicated interest in trading the City - Owned parcel of 7.8 acres for 22 _+ acres of a parcel referred to as wetlands,: which is a part of the Spinnaker Project. In the negotia- tions between the Sanitation District and Housing Authority, one of the conditions is that the City parcel be included in the total pro- ject. Therefore, the recommendation submitted to Council at this time should be modified to indicate that Council proceed with the Resolution of Intention, and request staff to come back at the next meeting of March 19, 1984 with a report and recommendations concerning the matter of Mr. Hendricks' offer, particularly as it relates to affordable housing on this site. If at that time, it is found that the present resolution should be rescinded, then a new resolution would have to be adopted indicating interest in a trade as opposed to a sale of the property. Jay Paxton, Attorney with Bianchi, Hoskins, et al, representing the Housing Authority, requested that Council ask the San Rafael Sani- tation District to cooperate and not delay the processing of this item, but that if they need a couple of weeks to work on it, they should also allow a couple of weeks to the Housing Authority to do further work also. John Murphy, District Director of the Canal Community Alliance, urged Council to keep this site for affordable housing. SRCC MINUTES (Regular) 3/5/84 Page 4 SRCC MINUTES (Regular) 3/5/84 Page 5 Councilmember Frugoli stated that he hoped potential property owners or bidders would not be excluded when calling for the dis- posal of the property, and that the City would still have an op- portunity to look at both projects and then make a decision at that time. Mr. Beyer replied that, if there is merit in Mr. Hendricks' proposal for the City, it is important to decide what the City wishes to do because one is a land trade and the other is a land sale. The first right of refusal belongs to the Housing Authority. Councilmember Russom addressed Mr. Paxton and asked, from they ' Housing Authority standpoint and from the standpoint of potential purchasers, what will take place during the next two weeks now if Council passes the resolution tonight. Mr. Paxton stated that what they hope will take place is that they will be able to satisfy the joint -venture partner that the City is proceeding forward and to have the joint -venture partner indicate to the Sanitation District his willingness to purchase the Sanitation District property at the appraised value. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution of Intention calling for the disposal of the City -owned property for affordable housing purposes, and that staff come back to Council with a full report and recommendations on Mr. Hendricks' proposal for a trade of the two parcels. on March 19, 1984. RESOLUTION NO. 6758 - CALLING FOR THE DISPOSAL OF CITY -OWNED PROPERTY ON BELLAM BOULEVARD FOR AFFORDABLE HOUSING PURPOSES AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 18. MARIN COUNTY MEDIATION SERVICES REQUEST FOR FUNDING FROM THE CITY OF SAN RAFAEL (CM) - File 8-5 Council accepted staff recommendation that consideration be given to making a contribution to the Marin County Mediation Services, but that final determination be made during the budgetary process. ADD ITEM - LEGISLATIVE ACTION AFFECTING SAN RAFAEL - File 9-1 Acting Mayor Breiner referred to the League Bulletin of February 10, 1984 re the possible solution of infrastructure needs, and requested that this item be agendized and brought back for Council consideration. CLOSED SESSION 19. CLOSED SESSION TO DISCUSS PENDING LITIGATION The Council adjourned to Closed Session to discuss pending litigation, then reconvened in public and approved settlement of Claim #3-1-844 - CSAA, on behalf of subrogee Paul D. Woodward in the amount of $3,883.53. J NSM. LEONCINI,\City Clem APPROVED THIS OF , 1984 ACTING MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/5/84 Page 5