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HomeMy WebLinkAboutCC Minutes 1984-06-04SRCC Minutes (Reg: r) 6/4/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, June 4, 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; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 2. Resolution of Findings re Appeal RESOLUTION NO. 6826 - CITY of Handicapped Access Requirements - COUNCIL (IN ITS CAPACITY AS 2130 Fourth Street (Fujiyama BOARD OF APPEALS) GRANTING Restaurant) (PW) - File 13-1-1 APPEAL FROM STATE ACCESS REQUIREMENTS - 2130 FOURTH STREET (FUJIYAMA RESTAURANT) 3. Bid Opening and Award of Contract - RESOLUTION NO. 6827 - Albert Park Grandstand Painting RESOLUTION OF AWARD OF CONTRACT (PW) - File 4-1-362 (Albert Park Grandstand Paint- ing - to Bay Area Coatings, low bidder, in amount of $30,000 and authorized use of Revenue Sharing Funds) 4. Bid Opening and Award of Contract - RESOLUTION NO. 6828 - Street Resurfacing 1984 (PW) - RESOLUTION OF AWARD OF CONTRACT File 4-1-365 (Street Resurfacing 1984 - to W. R. Forde Assoc., low bidder, in amount of $664,720.46) 5. Request for Authorization to Apply RESOLUTION NO. 6829 - for Funds from San Francisco AUTHORIZING STAFF TO APPLY FOR Foundation for Literary Programming FUNDS FROM THE SAN FRANCISCO and Capital Improvements (Lib./ FOUNDATION FOR LITERARY Cult. Aff.) - File 9-2-24 x 202 PROGRAMMING AND CAPITAL IMPROVE- MENTS AT FALKIRK 6. Resolution Holding Harmless Kaiser Foundation Hospitals for Their Actions in Conjunction with Basic and Advance Life Support Medical Services in the North San Rafael Area (CA) - File 9-3-31 RESOLUTION NO. 6830 - AGREEING TO HOLD HARMLESS, DEFEND, AND INDEMNIFY KAISER FOUNDATION HOSPITALS FROM ANY CITY NEGLIGENCE OR WILLFUL MISCONDUCT IN CONJUNCTION WITH THE CITY'S PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO THE CITY'S AGREEMENT WITH THE COUNTY OF MARIN TO PROVIDE EMERGENCY ADVANCED LIFE SUPPORT AND BASIC LIFE SUPPORT SERVICES TO THE CITY AND CERTAIN UNINCORPORATED PARTS OF THE COUNTY AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None 1. RESOLUTION AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE IN FAVOR OF CITY OF SAN MATEO RE: MOTORCYLE TRAINING FOR ONE GRANT POLICE OFFICER AND ONE FUNDED OFFICER (PD) - File 4-10-178 x 9-0-30 The Police Department is contracting with the City of San Mateo Police Department to train two Police Officers in the Skill of Enforcement Motorcycle Riding. San Mateo requires the San Rafael Police Chief to sign an Indemnity and Hold Harmless Agreement. Councilmember Frugoli suggested that when the City requires future training, reservations be made with the California Highway Patrol's training center in Sacramento, as it is well known for excellent train- ing throughout the Country. SRCC Minutes (Regular) 6/4/84 Page 1 SRCC Minutes (Regular) 6/4/84 Page 2 RESOLUTION NO. 6831 - AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO RE: MOTORCYCLE TRAINING FOR ONE GRANT PEACE OFFICER (PD) AND ONE CITY FUNDED OFFICER (PD) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom $ Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. EXPIRATION OF TERM OF PLANNING COMMISSIONER ROBERT E. HOFFMANN(CC) - File 9-1-2 x 9-2-6 The term of Planning Commissioner Robert E. Hoffmann will expire at the end of June 1984. He has expressed an interest to continue to serve on the Commission. Staff recommended that Council interview Mr. Hoffmarm at a Special Meeting of the Council on June 18, 1984. Councilmember Russom stated that in light of the upcoming review on the City's Boards and Commissions, he would like the opportunity to discuss Council's policy on incumbent Commission members before interviewing takes place. The other Councilmembers concurred with Councilmember Russom and agreed, without motion, to delay the inter- view for Commissioner Hoffmann. 8. CLAIM FOR DAMAGES - JOHN WARREN McFARLAND (PD) - File 3-1-881 Councilmember Russom asked that this item be held over to another meeting in order to have an opportunity to look at the police report. It was agreed, without motion, to continue this matter. 9. PUBLIC HEARING - ED84-24 - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A 2,500 SQ. FT. SINGLE-FAMILY DWELLING WITH SWIMMING POOL NEAR RIDGE TOP; 97 BRET HARTE ROAD: LARS & KIRSTEN LANGENSKIOLD, OWNERS; J.P. COSTELLO, APPELLANT; BRENT DICKENS, REP.; AP 13-252-06 (P1) - File 10- 7 Mayor Mulryan declared the public hearing open. Planning Director Anne Moore reported that on May 15, 1984, the Planning Commission conditionally approved a design review applica- tion for construction of a single family dwelling on the south facing slope of the Bret Harte ridge at 97 Bret Harte Road. On May 17, that approval was appealed to the City Council by Mr. James Costello, an adjacent property owner, who claimed the approval posed substantial problems to the downslope area because of the potential for mudslides due to underground water. Based on soils and drainage reports which were reviewed by Public Works staff and further reviewed by the Planning Commission, it was determined by the Commission that the subject property can be safely developed with the proposed dwelling. Mr. James Costello, the appellant, explained to the Council that he appealed the Planning Commission's decision because he feels the entire area is unstable due to surface and under surface water move- ment. He expressed concern for his pronerty and that of other property owners in the area and feels :lditional studies should be made before any building is allowed. Mr. Malcolm McCord, an attorney for -the property owner directly below the property in question, indicated that the soils report prepared by Donald Herzog $ Associates for the proposed development included the same findings as the one which was done for his client's property, which incurred a major slide. Mr. Charles Travers, a neighboring property owner, stated that the property at 97 Bret Harte Road abuts a major slide area. He also stated that more information is needed before allowing any construction. Mayor Mulryan closed the public hearing. SRCC Minutes (Regular) 6/4/84 Page 2 10. 11. SRCC Minutes (Ru,alar) 6/4/84 Page 3 Councilmember Russom noted that the staff report stated that the Planning Commission had imposed an additional condition that a "Level C" soils investigation be prepared and submitted for review by the Geotechnical Review Board prior to issuance of a building permit. Lloyd Strom, Land Development Engineer, responded that that condition had originally be instituted by the Public Works Department and the applicant had done this. The actual change the Planning Commission made was to make the Geotechnical Review mandatory. Councilmember Breiner indicated that in the report from Donald Herzog, it stated that it was judged that excavation and/or drilling can be accomplished with conventional equipment. She asked if con- ventional equipment could not be used, would that mean blasting would be necessary. Mr. Donn Ristau, a geologist from Donald Herzog & Associates, stated that in that case, the footing design of the piers could be changed and no blasting would be required. Councilmember Breiner stated she was uncomfortable with this particu- lar site due to the previous slides in the area. Councilmember Nave stated it was his feeling that all questionable aspects of this proposal had been covered, and based on the expertise of the agencies involved, as well as staff, that it would be a safe site for development. It was moved by Councilmember Nave and seconded by Councilmember Frugoli to uphold the Planning Commission's decision and deny the appeal. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None MARIN COUNTY EMPLOYEES RETIREMENT ASSOCIATION REQUEST FOR LAND USE CHANGE AT 1925-1945 FRANCISCO BOULEVARD (P1) - F e 7-8-1 x 10-2 Bob Stinson, of The Bristol Group who are advisors to the Association, stated to the Council that the Association had indicated it would voluntarily join the Kerner Boulevard Assessment District if the City would reallocate the cost of Morphew Avenue and agree to convert the Association's current warehouse/office use of the property to office use. Mayor Mulryan indicated to Mr. Stinson that the appropriate way to consider the Association's proposal is to file a use permit appli- cation and get on the Planning Commission agenda since the Council has delegated land use authority to the Commission. He directed the Asso- ciation to file the application and go through the planning process. NOTICES FROM SAN RAFAEL SCHOOL DISTRICT RE HARTZELL SCHOOL (P1) - File ' 220 x 13-16 Planning Director Anne Moore reported to the Council that in February, the San Rafael School District sent the City notice, pur- suant to state law requirements, that the District intends to sell Hartzell School. The City, along with other agencies, has the first right of refusal to purchase the school site at fair market value for recreation facilities or for affordable housing. In the course of review of the draft Recreation Element, the Council decided that Hartzell School recreation facilities are not necessary to meet neigbhorhood/community recreation needs. As far as the potential use of the school as a site for an affordable housing project was concerned, Hartzell School was eliminated from the list of housing opportunity areas when the Housing Element was adopted. When the School District decided to dispose of the site, and after several months of work with staff and neighborhood representatives to develop a multi -use master plan for the site, the matter was referred to the Planning Commission for recommendation to the Council. Staff recommended to the Commission that the School Dis- trict be informed that the City is not interested in purchasing the site, but instead, on May 29, 1984, the Planning Commission SRCC Minutes (Regular) 6/4/84 Page 3 12. SRCC Minutes (Regular) 6/4/84 Page 4 recommended that the Council seek funding in order to be able to purchase the Hartzell School site for such use. It is staff's opinion, that it would take approximately 2-3 years to work with the neighborhood to develop an appropriate affordable housing project for the site, as well as securing the necessary funding sources to achieve construction of such a project. Ms. Anise Turina, President of the Ecumenical Association for Housing, spoke in favor of the Hartzell School site being used for an affordable housing project, and commended the Planning Commission for their action. It was moved by Councilmember Breiner and seconded by Councilmember Frugoli, to authorize Mayor Mulryan to communicate to the San Rafael School District that the City is not interested in purchasing the Hartzell School site for affordable housing. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Mayor Mulryan left the meeting and Acting Mayor__Breiner presided over the remainder of the meeting.) RESOLUTION ADOPTING THE 1984 RECREATION ELEMENT OF THE GENERAL PLAN (P1) - File 115 Planning Director Anne Moore explained that this item is a follow-up to the public hearing and Council approval of the draft Recreation Element on May 21, 1984 and before the Council now is a resolution incorporating the modifications to the element consistent with Council's direction on May 21, 1984. Planning Director Moore asked for Council direction on the item the Marin Property Owners Association brought up at that meeting, that of liability to private property owners for trails. This has been researched by the City Attorney and he recommends that leaving the trails section as it stands now, results in a perfectly adequate Recreation Element. If desirable, the Council could add wording that would state "Where feasible, the City would accept easements or fee ownership of the trail connections." After discussion, it was moved by Councilmember Nave and seconded by Councilmember Frugoli, to add language to the Recreation Element that "Where feasible, the City would accept easements or fee owner- ship of the trail connections." AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUivCILMEMBERS: Mayor Mulryan Councilmember Frugoli moved and Councilmember Russom seconded, to adopt the 1984 Recreation Element of the General Plan. RESOLUTION NO. 6832 - ADOPTING THE 1984 RECREATION ELEMENT OF THE GENERAL PLAN WHICH REPLACES THE RECREATION PARK PLAN ELEMENT ADOPTED AUGUST 16, 1976 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 13. RECOMMENDATION RE STREET TO BE NAMED "JENSEN" (PW) - File 11- 2 City Manager Robert Beyer asked that this item be continued to the meeting of June 18 in order that other streets might be considered. It was agreed by the Council to hold this item over to the next meeting. 14. PRESENTATION OF 1984/85 FISCAL YEAR BUDGET (CM) - File 8-5 City Manager Robert Beyer stated that the purpose of this item on the agenda is to approve the budget hearing dates. SRCC Minutes (Regular) 6/4/84 Page 4 15. 16. SRCC Minutes (Regular) 6/4/84 Page 5 The Council approved, without motion, setting the budget hearing dates for Monday, June 25 and Tuesday, June 26, 1984 at 7:30 p.m.; the meetings to be held in the Webb Room of the San Rafael Public Library. REPORT RE SPECIAL ELECTION TO INCREASE THE_CITY'S PROPOSITION 4 APPROPRIATION LIMIT (Fin) - File 8-9 x 9-4 Finance Director Ransom Coleman reported that in 1979 the voters approved Proposition 4 which placed a limit on how much a city could appropriate from the "proceeds of taxes." Each year the limit has been increased based on a change in population and the Consumer Price Index or personal income, whichever is lower. Since 1979, the City has not had any problems with the Proposition 4 limitation, but in 1984/85 there is a possibility that the City may exceed its limit. One of the reasons is that during the last two years the City has had a very low increase that was permitted by the State. This year it was 2.37% and next year it is estimated to be 4.29%. When these small increases in our Proposition 4 limit are matched against the large two year increase in sales tax, it doesn't take long to exceed the limit. The City could have a 10% increase in property taxes and a $710,000 increase in Motor Vehicle in Lieu Fees in 1984/85. This increase would occur if the State returns our full share of Motor Vehicle Fees. If the City exceeds its limit, there are two provisions for return- ing that money to the taxpayers: (1)_ Over a two-year period, reduce some local taxes. (2) Return the excess (based on formulas) to the State of California School Construction Fund. The only way to avoid this, would be to go to the voters to ask for an increase in the Proposition 4 limitation for a period of up to four years. The earliest date this could be placed on the ballot is November 1984. If Council decides to do this, action must be taken on ballot wording no later than July 16th. The next possible date would be in the Spring of 1985. Councilmember Russom asked how much of an increase in the State's ap- propriation would be sufficient. Finance Director Coleman said an increase of between $1 - 1.5 million,over a four-year period, would allow for about a 2-3% increase over the Proposition 4 limit. City Manager Robert Beyer suggested that if the Council decided to put this on the ballot that it look at the November election as opposed to Spring, since it would be a special election and cost the City approximately $30,000. Acting Mayor Breiner suggested it might be a good idea to elicit the.assistance of a citizens group to give a wide backing to the measure. Councilmember Russom moved and Councilmember Frugoli seconded, to prepare an Ordinance to increase the Proposition 4 limit and to place the issue on the 1984 ballot. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan REPORT RE SPECIAL ELECTION FOR ROAD IMPROVEMENTS (CM) - File 9-4 x 11-15-1 City Manager Robert Beyer stated that in a special meeting on the City's capital improvement needs, which was held in January, the Council indicated interest in receiving a report from staff on what the implications might be to have a tax election to meet more of the City's street improvement needs. Staff put together a package which would, in essence, double the expenditures for street main- tenance for a four-year period, increasing them from $600,000/year to $1.2 million. It is felt that this would have a substantial impact on the City's street maintenance program, as there is a shortfall of approximately $600,000 - $700,000 per year. SRCC Minutes (Regular) 6/4/84 Page 5 REVISED SRCC Minutes (Reoular) 6/4/84 Page 6 If a special election were held, and a special tax approved by the voters, it would be limited to a four-year period, the purpose being to maintain the City's streets. Basically, the City would continue to contribute $600,000 per year based on our current level of funding, plus $3,720,000 which would be raised from this tax, over the four-year period. Since 90% of the streets to be resurfaced are in residential areas, if the residential properties (including single family residential units, multi -family complexes and unimproved residential parcels) were assessed 1000, the annual cost would be no more than $60 per year per dwelling unit. City Manager Beyer stated that another consideration is whether or not the commercial/office properties should be assessed for such a program. It is difficult to indicate the impact on a particular property owner because the precise number of square feet is not readily available. If the assumption is made that the residential units would pick up 670 of the assessment, then the commercial properties would pick up the additional 33%, or one-third of the cost. City Manager Beyer also stated that if commercial properties are to be included, another consideration might be to include some capital projects. City Manager Beyer said if the Council wished to proceed with an election, the next step would be to select a date. Staff recommended holding an election in November 1985, which would eliminate the extra cost for a special election (which would be the case in March or June 1985), and also allow time for generating necessary community support for the election, which would be difficult to do if it went on the ballot as early as November 1984. If the Council went ahead with a Novemb6r.1985 election, staff -could use the time to develop community support, and possibly holding a preliminary survey to determine if the need is there. Councilmember Russom indicated he felt November 1984 would not be appropriate for the election, and supported the idea of a survey saying if there was not a strong nucleus of people who feel there is a great need for these improvements, then it might not be worth pursuing. Councilmember Frugoli stated he felt the tax election should -be only for street improvements and not include capital projects. The Council asked staff to proceed with the survey concept and come back at a later date with a report on the details. It was the consensus of the Council to support staff's recommendation for a November 1985 tax election. No motion was made. 17. REPORT RE CLOSED SESSION POLICY (CA) - File 9-1-2 x 9-3-16 City Attorney Muzio suggested that since lie is asking in his report for Council to consider whether or not it wants to adopt policies that would affect its procedures, that the matter be held over until a full Council is present. It was decided to continue this item. 18. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 SB 1300 (Marks) Long -Term Local Government Finance AB 2468 (Cortese) Long -Term Government Finance It was moved by Councilmember Frugoli and seconded by Councilmember Nave, to accept the report. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan CLOSED SESSION 19. CLOSED SESSION TO DISCUSS LITIGATION - File 9-1 Council adjourned to closed session and then reconvened in public and authorized a negotiated settlement for Claim No. 3-1-882 in the name of Cecil Whittington (PW). SRCC Minutes (Regular) 6/4/84 Page 6 SRCC Minutes (Regular) 6/4/84 Page 7 J10NE M. LEONCI City Clerk APPROVED THIS DAY OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 6/4/84 Page 7